The Women University
of Azad Jammu and Kashmir Bagh Act, 2014
[Act VII of 2014]
No. LD/Legis-Act/179-90/2014 The following Act of Assembly
received the assent of the President on 25th day of March, 2014, is
hereby published for general information.
AnActto provide for the establishment of Women University of
Azad Jammu and Kashmir Bagh
Whereas it is
expedient to provide for the establishment of Women University of Azad Jammu
and Kashmir Bagh;
It is hereby enacted as follows:---
Chapter I
Preliminary
1. Short title, Extent and Commencement.-(1) This Act may be called the Women University of Azad
Jammu and Kashmir Bagh Act, 2014.
(2) It shall extend to the whole of Azad Jammu and Kashmir .
(3) It shall come into force at once and shall be deemed
to have taken effect from 19.01.2014.
2. Definitions.-
In this Act unless there is anything repugnant in the subject or context,---
(a) ”Academic Council” means the Academic Council of
the University;
(b) “Act” means the Women University of Azad Jammu and
Kashmir Bagh Act, 2014.
(c) “Affiliated College ”
means an educational institution affiliated to the University but not
maintained or administered by it.
(d) “Authority” means any of the Authorities of the
University specified or set up in terms of Section 15;
(e) “Chancellor” means the Chancellor of the
University;
(f) “College” means a constituent college or an
affiliated college;
(g) “Commission” means the Higher Education Commission,
Islamabad ;
(h) “Constituent College ”
means an educational institution, by whatever name described, maintained and
administered by the University;
(i) “Chairperson” means the head of a teaching
department/Institute established as a constituent institution by the University
by Statutes or Regulation in terms of the powers delegated by this Act or head
of any committee established under the provision of this Act
(j) “Dean” means the head of a Faculty or the head of
an academic body granted the status of a Faculty by this Act or by the Statutes
s or Regulations;
(k) “Department/Institute” means a teaching
department/Institute maintained and administered, or recognized by the
University in the manner prescribed;
(l) “Directors” means the head of a teaching
department/Institute established as a constituent institution by the University
by Statutes or Regulation in terms of the powers delegated by this Act;
(m) Faculty” means an administrative and academic unit
of the University consisting of one or more departments/Institutes as
prescribed;
(n) “Government” means the Azad Government of the State
of Jammu and Kashmir ;
(o) “Prescribed” means prescribed by Statutes,
Regulations or Rules made under this Act;
(p) “Principal” means the head of a College;
(q) “Representation Committees” means the
Representation Committees constituted under Section 23;
(r) “Review Panel” means the Review Panel set up by the
Chancellor in accordance with the provisions of Section 8;
(s) “Schedule” means the schedule of this Act;
(t) ”Search Committee” means the Search Committee set
up by the Senate under sub-section (2) of Section 11;
(u) “Senate” means the Senate of the University;
(v) “Statutes”, “Regulations” and “Rules” mean
respectively the Statutes, the Regulations and the Rules made under this Act
and for the time being in force;
(w) “Syndicate” means the Syndicate of the University;
(x) “Teachers” include Professors, Associate
Professors, Assistant Professors and Lecturers engaged whole-time by the
University or by a Constituent College and
such other persons as may be declared to be teachers by Regulations;
(y) “University” means the Women University of Azad
Jammu and Kashmir Bagh;
(z) “University Teacher” means a whole-time teacher
appointed and paid by the University, or recognized by the University as such;
and
(aa) “Vice-Chancellor” means the Vice-Chancellor of the
University.
Chapter II
The University
3. Incorporation of the University.- (1) There shall be established a University to be called
the Women University of Azad Jammu and Kashmir Bagh.
(2) The university listed in the Schedule shall, from
the date of publication in the official Gazette of notification in this behalf,
stand constituted in accordance with the provision of the Act.
(3) The University shall consist of the following,
namely:---
(a) the Chancellor, the members of the Senate and the
Vice- Chancellor;
(b) the members of the authorities of the University
established under Section 15;
(c) all Teachers and persons recognized as students of
the University in accordance with terms prescribed from time to time; and
(d) all other full-time officers and members of the
staff of the University.
(4) The University shall be a body corporate by the name of Women University of the Azad Jammu & Kashmir Bagh. It
shall have perpetual succession and a common seal, and may sue and be sued by
the said name.
(5) The University shall be competent to acquire and hold
property, both movable and immovable, and to lease, sell or otherwise transfer
any movable and immovable property which may have become vested in or been
acquired by it.
(6) Notwithstanding anything contained in any other law for
the time being in force, the University shall have academic, financial and
administrative autonomy, including the power to employ officers, teachers and
other employees on such terms as may be prescribed, subject to the terms of
this Act and the Higher Education Commission Ordinance, 2002. In particular,
and without prejudice to the authority granted to the Commission by the law,
the Government or an authority or auditor appointed by the Government shall
have no power to question the policy underlying the allocation of resources
approved by the Senate in the annual budget of the University.
(7) All properties, rights and interests of whatever kind,
used, enjoyed, possessed, owned or vested in or held in trust by and for the
women university of Azad Jammu & Kashmir Bagh and all liabilities legally
subsistent against the such universities shall pass to the university
reconstituted under the Act.
4. Powers of the University.- The University shall have the following powers, namely:---
(i) To provide for education and scholarship in such
branches of knowledge as it may deem fit, and to make provision for research,
service to society and for the application, advancement and dissemination of
knowledge in such manner as it may determine;
(ii) to prescribe courses of studies to be conducted by
it and the colleges;
(iii) to hold examinations and to award and confer
degrees, diplomas, certificates and other academic distinctions to and on
persons who have been admitted to and have passed its examinations under
prescribed conditions;
(iv) to prescribe the terms and conditions of
employment of the officers, teachers and other employees of the University and
to lay down terms and conditions that may be different from those applicable to
government servants in general;
(v) to engage, where necessary, persons on contracts of
specified duration and to specify the terms of each engagement;
(vi) to confer honorary degrees or other distinctions
on approved persons in the manner prescribed;
(vii) to provide for such instruction for persons not
being students of the University as it may prescribe, and to grant certificates
and diplomas to such persons;
(viii) to institute programmes for the exchange of students
and teachers between the University and other universities, educational
institutions and research organizations, inside as well as outside Pakistan
(ix) to provide career counseling and job search
services to students and alumni;
(x) to maintain linkages with alumni;
(xi) to develop and implement fund-raising plans;
(xii) to provide and support the academic development
of the faculty of the University;
(xiii) to confer degrees on persons who have carried an
independent research under prescribed conditions;
(xiv) to affiliate and disaffiliate educational
institutions under prescribed conditions;
(xv) to inspect colleges and other educational
institutions affiliated or seeking affiliation with it.
(xvi) to accept the examinations passed and the period
of study spent by students of the University at other universities and places
of learning equivalent to such examinations and periods of study in the
University, as it may prescribe, and to withdraw such acceptance;
(xvii) to co-operate with other Universities, public
authorities or private organizations, inside as well as outside Pakistan
(xviii) to institute Professorships, Associate
Professorships, Assistant Professorships and Lectureships and any other posts
and to appoint persons thereto;
(xix) to create posts for research, extension,
administration and other related purposes and to appoint persons thereto;
(xx) to recognize selected members of the teaching
staff of affiliated colleges or educational institutions admitted to the privileges
of the University or such other persons as it may deem fit, as University
teachers;
(xxi) to institute and award financial assistance to
students in need, fellowships, scholarships, bursaries, medals and prizes under
prescribed conditions;
(xxii) to establish teaching departments, schools,
colleges, faculties, institutes, museums and other centers of learning for the
development of teaching and research and to make such arrangements for their
maintenance, management and administration as it may prescribe;
(xxiii) to provide for the residence of the students of
the University and the colleges, to institute and maintain halls of residence
and to approve or license hostels and lodging;
(xxiv) to maintain order, discipline and security on
the campuses of the University and the colleges;
(xxv) to promote the extracurricular and recreational
activities of such students, and to make arrangements for promoting their
health and general welfare;
(xxvi) to demand and receive such fees and other
charges as it may determine;
(xxvii) to make provision for research, advisory or
consultancy services and with these objects to enter into arrangements with
other institutions, public or private bodies, commercial and industrial
enterprises under prescribed conditions;
(xxviii) to enter into, carry out, vary or cancel
contracts;
(xxix) to receive and manage property transferred and
grants, contributions made to the University and to invest any fund
representing such property, grants, bequests, trusts, gifts, donations, endowments
or contributions in such manner as it may deem fit;
(xxx) to provide for the printing and publication of
research and other works; and
(xxxi) to do all such other acts and things, whether
incidental to the powers aforesaid or not, as may be requisite or expedient in
order to further the objectives of the University as a place of education,
learning and research.
5. University open to all Female Gender.-(1) The University shall be open to women students only and
no woman shall be denied the privilege of the University on the grounds of
religion, race, class, colour or creed.
(2) An increase in any fee or charge that is in excess of
ten percent per annum on an annualized basis from the last such increase may
not be made except in special circumstances, and only with the approval of the
Chancellor.
(3) The University shall institute financial aid programmes
for students in need, to the extent considered feasible by the Senate given the
resources available, so as to enable admission and access to the University and
the various opportunities provided by it to be based on merit rather than
ability to pay:---
Provided that the University may institute self-finance
schemes not covering more than ten percent of the total number of candidates in
any on-campus taught course or research-based programme of study.
6. Teaching at the University.- (1) All recognized teaching in various courses shall be
conducted by the University or the Colleges in the prescribed manner and may
include lectures, tutorials, discussions, seminars, demonstrations, distance
learning and other methods of instruction as well as practical work in the
laboratories, hospitals, workshops and other governmental or private
organizations.
(2) The authority responsible for organizing recognized
teaching shall be such as may be prescribed.
Chapter III
Officers of the University
7. Officers of the University.- The following shall be the officers of the University,
namely,---
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Deans;
(iv) the Directors of Institutes;
(v) the Principals of University Colleges;
(vi) Chairpersons of Teaching Departments;
(vii) the Registrar;
(viii) the Treasurer;
(ix) the Controller of Examinations;
(x) the Librarian, and
(xi) such other officers as may be appointed by the Syndicate.
8. Chancellor.-(1) The President of Azad Jammu and
Kashmir shall be the Chancellor of the University and the
Chairperson of the Senate.
(2) The Chancellor shall, when present, preside at the
meetings of the Senate and the Convocation of the University. In the absence of
the Chancellor the Vice Chancellor shall preside over the meeting of the Senate
and the Convocation of the University.
(3) The members of the Senate as well as the Vice-Chancellor
shall be appointed by the Chancellor from amongst the persons recommended by
the Representation Committee set up for this purpose or the Search Committee
established in accordance with the Act and the Statutes, as the case may be,
alongwith those elected.
(4) Every proposal to confer an honorary degree shall be
subject to confirmation by the Chancellor.
(5) If the Chancellor is satisfied that serious irregularity
or mismanagement with respect to the affairs of the University has occurred, he
may,---
(a) as regards proceedings of the Senate, direct that
specified proceedings be reconsidered and appropriate action be taken within
one month of the direction having been issued:---
Provided that if the Chancellor is satisfied that either no
reconsideration has been carried out or that the reconsideration has failed to
address the concern expressed he may, after calling upon the Senate to show
cause in writing, appoint a five member Review Panel to examine and report to
the Chancellor on the functioning of the Senate. The report of the Review Panel
shall be submitted within such time as may be prescribed by the Chancellor. The
Review Panel shall be drawn from persons of eminence in academics and in the
fields of law, accountancy and administration; and
(b) as regards proceedings of any Authority or with
respect to matters within the competence of any Authority other than the
Senate, direct the Senate to exercise powers under Section 17.
9. Removal from the Senate.- (1) The Chancellor may, upon the recommendations of the
Review Panel, remove any person from the membership of the Senate on the ground
that such person:---
(a) Has become of unsound mind; or
(b) has become incapacitated to function as member of
the Senate; or
(c) has been convicted by a court of law for an offence
involving moral turpitude; or
(d) has absented himself from two consecutive meetings
without just cause; or
(e) has been guilty of misconduct, including use of
position for personal advantage of any kind, or gross inefficiency in the
performance of functions.
(2) The Chancellor shall remove any person from the
membership of the Senate on a resolution calling for the removal of such person
supported by at least three-fourths of the membership of the Senate:---
Provided that before passing such resolution the Senate
shall provide the member concerned a chance of fair hearing:---
Provided further that the provisions of this section shall
not be applicable to the Vice-Chancellor in his capacity as a member of the
Senate.
10. Vice-Chancellor.- (1) There shall be a Vice-Chancellor of the University who
shall be an eminent academician/scholar of international repute and shall be
appointed on such terms and conditions as may be prescribed.
(2) The Vice-Chancellor shall be the chief executive officer
of the University responsible for all administrative and academic functions of
the University and for ensuring that the provisions of the Act, Statutes s ,
Regulations and Rules are faithfully observed in order to promote the general
efficiency and good order of the University. The Vice-Chancellor shall have all
powers prescribed for this purpose, including administrative control over the
officers, teachers and other employees of the University.
(3) The Vice-Chancellor shall, if present, shall have a
right to attend any meeting of any Authority or body of the University.
(4) The Vice-Chancellor may, in an emergency that in his
opinion requires immediate action ordinarily not in the competence of the
Vice-Chancellor, take such action and forward, within seventy-two hours, a
report of the action taken to the members of the Emergency Committee of the
Senate, to be set up by Statutes. The Emergency Committee may direct such
further action as is considered appropriate.
(5) The Vice-Chancellor shall also have the following
powers, namely:---
(a) To direct teachers, officers and other employees of
the University to take up such assignments in connection with examination,
administration and such other activities in the University as he may consider
necessary for the purposes of the University;
(b) to sanction by re-appropriation an amount not
exceeding an amount prescribed by the Senate for an unforeseen item not
provided for in the budget and report it to the Senate at the next meeting;
(c) to make appointments of such categories of
employees of the University and in such manner as may be prescribed by the
Statutes;
(d) to suspend, punish and remove, in accordance with
prescribed procedure, from service, officers, teachers and other employees of
the University except those appointed by or with the approval of the Senate;
(e) to delegate, subject to such conditions as may be
prescribed, any of his powers under this Act to an officer or officers of the
University;
(f) to sanction all expenditure provided for in the
approved budget and to re-appropriate funds within the same major head of
expenditure;
(g) to create and fill posts temporarily for a period
not exceeding six months; and
(h) to exercise and perform such other powers and
functions as may be prescribed.
(6) The Vice-Chancellor shall preside at the convocation of
the University in the absence of the Chancellor.
(7) The Vice-Chancellor shall present an annual report
before the Senate within three months of the close of the academic year. The
annual report shall contain such information as regards the academic year under
review as may be prescribed, including disclosure of all relevant facts
pertaining to,---
(a) academics;
(b) research;
(c) administration; and
(d) finances.
(8) The Vice Chancellor’s annual report shall be made
available, prior to its presentation before the Senate, to all officers and
University teachers and shall be published in such numbers as are required to
ensure its wide circulation.
11. Appointment and Removal of the
Vice-Chancellor.-(1) The Vice-Chancellor shall be appointed by the
Chancellor on the basis of recommendations made by the Senate;
(2) A Search Committee for the recommendation of persons
suitable for appointment as Vice-Chancellor shall be constituted by the Senate
on the date and in the manner prescribed by the Statutes and shall consist of
two eminent members of society nominated by the Chancellor, of whom one shall
be appointed the Convenor, two members of the Senate, two distinguished
University Teachers who are not members of the Senate and one academician of
eminence not employed by the University. The two distinguished University
Teachers shall be selected by the Senate through a process, to be prescribed by
the Statutes that provides for the recommendation of suitable names by the
University Teachers in general. The Search Committee shall remain in existence
till such time that the appointment of the next Vice-Chancellor has been made
by the Chancellor.
(3) The persons proposed by the Search Committee for
appointment as Vice-Chancellor shall be considered by the Senate and of these a
panel of three, in order of priority, shall be recommended by the Senate to the
Chancellor:
Provided that the Chancellor may decline to appoint any of
the three persons recommended and seek recommendation of a fresh panel. In the
event of a fresh recommendation being sought by the Chancellor the Search
Committee shall make a proposal to the Senate in the prescribed manner.
(4) The Vice-Chancellor shall be appointed for a renewable
tenure of five years on terms and conditions prescribed by Statutes.The tenure
of an incumbent Vice-Chancellor shall be renewed by the Chancellor on receipt
of a resolution of the Senate in support of such renewal:---
Provided that the Chancellor may call upon the Senate to
reconsider such resolution once.
(5) The Senate may, pursuant to a resolution in this behalf
passed by three fourth of its membership, recommend to the Chancellor the
removal of the Vice-Chancellor on the ground of inefficiency, moral turpitude
or physical or mental incapacity or gross misconduct, including misuse of
position for personal advantage of any kind:---
Provided that the Chancellor may make a reference to the
Senate stating the instances of inefficiency, moral turpitude or physical or
mental incapacity or gross misconduct on the part of the Vice-Chancellor that
have come to his notice. After consideration of the reference the Senate may,
pursuant to a resolution in this behalf passed by two-thirds of its membership,
recommend to the Chancellor the removal of the Vice-Chancellor:
Provided further that prior to a resolution for the removal
of the Vice-Chancellor being voted upon, the Vice-Chancellor shall be given an
opportunity of being heard.
(6) A resolution recommending the removal of the
Vice-Chancellor shall be submitted to the Chancellor forthwith. The Chancellor
may accept the recommendation and order of removal of the Vice-Chancellor or
return the recommendation to the Senate.
(7) At any time when the office of the Vice-Chancellor is
vacant, or the Vice-Chancellor is absent or is unable to perform the functions
of his office due to illness or some other cause, the Senate shall make such
arrangements for the performance of the duties of the Vice-Chancellor as it may
deem fit.
12. Registrar.- (1) There shall be a Registrar of the University to be
appointed by the Senate on the recommendation of the Vice-Chancellor, on such
terms and conditions as may be prescribed.
(2) The experience as well as the professional and academic
qualifications necessary for appointment to the post of the Registrar shall be
as may be prescribed.
(3) The Registrar shall be a full-time officer of the
University and shall,---
(a) be the administrative head of the secretariat of
the University and be responsible for the provision of secretarial support to
the Authorities of the University;
(b) be the custodian of the common seal and the
academic records of the University;
(c) maintain a register of registered graduates in the
prescribed manner;
(d) supervise the process of election, appointment or
nomination of members to the various authorities and other bodies in the
prescribed manner; and
(e) perform such other duties as may be prescribed.
(4) The term of office of the Registrar shall be renewable
after every three years:---
Provided that the Senate may, on the advice of the Vice-Chancellor,
terminate the appointment of the Registrar on grounds of inefficiency or
misconduct in accordance with prescribed procedure.
13. Treasurer.-
(1) There shall be a Treasurer of the University to be appointed by the Senate
on the recommendation of the Vice-Chancellor, on such terms and conditions as
may be prescribed.
(2) The experience, professional and academic qualifications
necessary for appointment to the post of the Treasurer shall be as may be
prescribed.
(3) The Treasurer shall be the chief financial officer of
the University and shall;
(a) manage the assets, liabilities, receipts,
expenditures, funds and investments of the University;
(b) prepare the annual and revised budget estimates of
the University and present them to the Syndicate or a committee thereof for
approval and incorporation in the budget to be presented to the Senate;
(c) ensure that the funds of the University are
expended on the purposes for which they are provided;
(d) have the accounts of the University audited
annually so as to be available for submission to the Senate within six months
of the close of the financial year; and
(e) perform such other duties as may be prescribed.
(4) The term of office of the Treasurer shall be renewable
after every three years:---
Provided that the Senate may, on the advice of the
Vice-Chancellor, terminate the appointment of the Treasurer on grounds of
inefficiency or misconduct in accordance with prescribed procedure.
14. Controller of Examinations.- (1) There shall be a Controller of Examinations, to be
appointed by the Senate on the recommendation of the Vice-Chancellor, on such
terms and conditions as may be prescribed.
(2) The minimum qualifications necessary for appointment to
the post of the Controller of Examinations shall be as may be prescribed.
(3) The Controller of Examinations shall be a full-time
officer of the University and shall be responsible for all matters concerning
with the conduct of examinations and perform such other duties as may be
prescribed.
(4) The Controller of Examinations shall be appointed for a
renewable term of three years:---
Provided that the Senate may, on the advice of the Vice
Chancellor, terminate the appointment of the Controller of Examinations on
grounds of inefficiency or misconduct in accordance with prescribed procedure.
CHAPTER IV
Authorities of the University
15.Authorities.-
(1) The following shall be the Authorities of the University, namely:---
(a) uthorities established by the Act,---
(i) the Senate;
(ii) the Syndicate; and
(iii) the Academic Council;
(b) Authorities to be established by the Statutes,---
(i) the Finance and Planning Committee;
(ii) the Selection Board;
(iii) the Graduate and Research Management Council;
(iv) Recruitment, Development, Evaluation and Promotion
committees for teachers and other staff whether at the level of the
Department/Institute/College, the Faculty or the University;
(v) Advanced Studies and Research Board;
(vi) Career Placement and Internship Committee of each
Faculty;
(vii) Search Committee for the appointment of the Vice
Chancellor;
(viii) the Representation Committees for appointment to
the Senate, Syndicate and the Academic Council;
(ix) Faculty Council;
(x) Departmental Council; and
(xi) Disciplinary Committee.
(2) The Senate, the Syndicate and the Academic Council may
set up such other committees or sub-committees, by whatever name described, as
are considered desirable through Statutes or Regulations as appropriate. Such
committees or sub-committees shall be Authorities of the University for the
purpose of this Act.
16. Senate.-
(1) The body responsible for the governance of the University shall be
described as the Senate, and shall consist of the following, namely:---
(a) The Chancellor who shall be the Chairperson of the
Senate;
(b) the Vice-Chancellor;
(c) one member of the Government not below the rank of
Additional Secretary from the Education Department, Government of AJ&K;
(d) four persons from society at large being persons of
distinction in the fields of administration, management, education, academics,
law, accountancy, medicine, fine arts, architecture, agriculture, science,
technology and engineering so that the appointment of these persons reflects a
balance across the various fields:---
Provided that the special focus or affiliation of the University,
to be declared in the manner prescribed, may be reflected in the number of
persons of distinction in an area of expertise relevant to the University who
are appointed to the Senate;
(e) one person from amongst the alumni of the
University;
(f) two persons from the academic community of the
country, other than an employee of the University, at the level of professor or
principal of a college;
(g) four University Teachers; and
(h) one person nominated by the Commission.
(2) The number of the members of the Senate described
against clauses (e) to (h) of sub-section (1) may be increased by the Senate
through Statutes subject to condition that the total membership of the Senate
does not exceed twenty one, with a maximum of five University Teachers, and the
increase is balanced, to the extent possible, across the different categories
specified in sub-section (1).
(3) All appointments to the Senate shall be made by the
Chancellor. Appointments of persons described in clauses (e) to (f) of
sub-section (1) shall be made from amongst a panel of three names for each
vacancy recommended by the Representation Committee set up in terms of Section
23 and in accordance with procedure as may be prescribed:---
Provided that effort shall be made, without compromising on
quality or qualification, to give fair representation to women on the
Senate:---
Provided further that as regards the University Teachers
described in clause (g) of sub-section (1) the Senate shall prescribe a
procedure for appointment on the basis of elections that provide for voting by
the various categories of University Teachers. Provided also that the Senate
may alternatively prescribe that appointment of University Teachers to the
Senate shall also be in the manner provided by this sub-section for the persons
described in clauses (e) to (f) of sub-section (1).
(4) Members of the Senate, other than ex-officio members,
shall hold office for a period of three years. One-third of the members, other
than ex-officio members, of the first Senate, to be determined by lot, shall
retire from office on the expiration of one year from the date of appointment
by the Chancellor. One-half of the remaining members, other than ex-officio
members, of the first Senate, to be determined by lot, shall retire from office
on the expiration of two years from the date of appointment and the remaining
one-half, other than ex-officio members, shall retire from office on the
expiration of the third year:---
Provided that no person, other than an ex-officio member,
may serve on the Senate for more than two consecutive terms:---
Provided further that the University Teachers appointed to
the Senate may not serve for two consecutive terms.
(5) The Senate shall meet at least twice in a calendar year.
(6) Service on the Senate shall be on honourary basis but
actual expenses incurred may be reimbursed as prescribed.
(7) The Registrar shall be the Secretary of the Senate.
(8) In the absence of the Chancellor meetings of the Senate
shall be presided by the Vice Chancellor or by such member, not being an
employee of the University or the Government, as the Chancellor may, from time
to time, nominate. The member so nominated shall be the convener of the Senate.
(9) Unless otherwise prescribed by this Act, all decisions
of the Senate shall be taken on the basis of the opinion of a majority of the
members present. In the event of the members being evenly divided on any matter
the person presiding over the meeting shall have a casting vote.
(10) The quorum for a meeting of the Senate shall be two
thirds of its membership, a fraction being counted as one.
17. Powers and functions of the Senate.- (1) The Senate shall have the power of general supervision
over the University and shall hold the Vice-Chancellor and the Authorities
accountable for all the functions of the University. The Senate shall have all
powers of the University not expressly vested in an Authority or officer by the
Act and all other powers not expressly mentioned by this Act that are necessary
for the performance of its functions.
(2) Without prejudice to the generality of the foregoing
powers, the Senate shall have the following powers:---
(a) To approve the proposed annual plan of work, the
annual and revised budgets, the annual report and the annual statement of
account;
(b) to hold, control and lay down policy for the
administration of the property, funds and investments of the University,
including the approval of the sale and purchase or acquisition of immovable
property;
(c) to oversee the quality and relevance of the
University academic programmes and to review the academic affairs of the
University in general;
(d) to approve the appointment of the Deans,
Professors, Associate Professors and such other senior faculty and senior
administrators as may be prescribed;
(e) to institute schemes, directions and guidelines for
the terms and conditions of appointment of all officers, teachers and other
employees of the University;
(f) to approve strategic plans;
(g) to approve financial resource development plans of
the University;
(h) to consider the drafts of Statutes and Regulations
proposed by the Syndicate and the Academic Council and deal with them in the
manner as provided for in Sections 25 and 26, as the case may be:---
Provided that the Senate may frame a Statutes or Regulations
on its own initiative and approve it after calling for the advice of the
Syndicate or the Academic Council as the case may be;
(i) to annul by order in writing the proceedings of any
Authority or officer if the Senate is satisfied that such proceedings are not
in accordance with the provisions of the Act, Statutes or Regulations after
calling upon such Authority or officer to show cause why such proceeding should
not be annulled;
(j) to recommend to the Chancellor removal of any
member of the Senate in accordance with the provisions of the Act;
(k) to make appointment of members of the Syndicate,
other than ex-officio members, in accordance with the provisions of the Act;
(l) to make appointment of members of the Academic
Council, other than ex-officio members, in accordance with the provisions of
the Act;
(m) to appoint Emeritus Professors on such terms and
conditions as may be prescribed;
(n) to remove any person from the membership of any
Authority if such person,-
(i) has become of unsound mind; or
(ii) has become incapacitated to function as member of
such Authority; or
(iii) has been convicted by a court of law for an
offence involving moral turpitude; and
(o) to determine the form, provide for the custody and
regulate the use of the common seal of the University.
(3) The Senate may, subject to the provisions of this Act
delegate all or any of the powers and functions of any Authority, officer or
employee of the University at its main campus, to any Authority, Committee,
Officer or Employee at its additional campus for the purpose of exercising such
powers and performing such functions in relation to such additional campus, and
for this purpose the Senate may create new posts or positions at its main or
the additional campus.
18. Visitation.-
The Senate may, in accordance with the terms and procedures as may be
prescribed, cause an inspection to be made in respect of any matter connected
with the University.
19. Syndicate.-
(1) There shall be a Syndicate of the University consisting of the
following:---
(a) The Vice-Chancellor who shall be its Chairperson;
(b) the Deans of the Faculties of the University;
(c) three professors from different departments, who
are not members of the Senate, to be elected by the University Teachers in
accordance with procedure to be prescribed by the Senate;
(d) Principals of the Constituent Colleges;
(e) the Registrar;
(f) the Treasurer; and
(g) the Controller of Examinations.
(2) Members of the Syndicate, other than ex-officio members,
shall hold office for a period of three years.
(3) As regards the three professors described in clause (c)
of sub-section (1) the Senate may, as an alternative to elections, prescribe a
procedure for proposal of a panel of names by the Representation Committee set
up in terms of Section 23. Appointment of persons proposed by the
Representation Committee may be made by the Senate on the recommendation of the
Vice Chancellor.
(4) The quorum for a meeting of the Syndicate shall be
one-half of the total number of members, a fraction being counted as one.
(5) The Syndicate shall meet at least once in each quarter
of the year.
20. Powers and duties of the Syndicate.- (1) The Syndicate shall be the executive body of the
University and shall, subject to the provisions of the Act and the Statutes,
exercise general supervision over the affairs and management of the University.
(2) Without prejudice to the generality of the foregoing
powers, and subject to the provisions of the Act, the Statutes and directions
of the Senate the Syndicate shall have the following powers:-
(a) To consider the annual report, the annual and
revised budget estimates and to submit these to the Senate;
(b) to transfer and accept transfer of movable property
on behalf of the University;
(c) to enter into, vary, carry out and cancel contracts
on behalf of the University;
(d) to cause proper books of account to be kept for all
sums of money received and expended by the University and for the assets and
liabilities of the University;
(e) to invest any money belonging to the University including
any unapplied income in any of the securities prescribed in Section 20 of the
Trusts Act, 1882 (Act II of 1882), or in the purchase of immovable property or
in such other manner, as it may prescribe, with the like power of varying such
investments;
(f) to receive and manage any property transferred, and
grants, bequests, trust, gifts, donations, endowments, and other contributions
made to the University;
(g) to administer any funds placed at the disposal of
the University for specified purposes;
(h) to provide the buildings, libraries, premises,
furniture, apparatus, equipment and other means required for carrying out the
work of the University;
(i) to establish and maintain halls of residence and
hostels or approve or license hostels or lodgings for the residence of
students;
(j) to recommend the Senate, affiliation or
disaffiliation of colleges/ institutions;
(k) to arrange for the inspection of Colleges and the
Departments/Institutes;
(l) to institute Professorships, Associate
Professorships, Assistant Professorships, Lectureships, and other teaching
posts or to suspend or to abolish such posts;
(m) to create, suspend or abolish such administrative
or other posts as may be necessary;
(n) to prescribe the duties of officers, teachers and
other employees of the University;
(o) to report to the Senate on matters with respect to
which it has been asked to report;
(p) to appoint members to various Authorities in
accordance with the provisions of the Act;
(q) to propose drafts of Statutes for submission to the
Senate;
(r) to regulate the conduct and discipline of the
students of the University;
(s) to take actions necessary for the good
administration of the University in general and exercise such powers as are
necessary;
(t) to delegate any of its powers to any Authority or
officer or a committee; and
(u) to perform such other functions as have been
assigned to it by the provisions of the Act or may be assigned to it by the
Statutes.
21. Academic Council.- (1) There shall be an Academic Council of the University
consisting of the following:---
(a) The Vice-Chancellor who shall be its Chairperson;
(b) the Deans of Faculties and such Heads of
departments as may be prescribed;
(c) five members representing the departments,
institutes and the constituent colleges to be elected in the manner prescribed
by the Senate;
(d) two Principals of affiliated colleges;
(e) five Professors including Emeritus Professors;
(f) the Registrar;
(g) the Controller of Examinations; and
(h) the Librarian.
(2) The Senate shall appoint the members of the Academic
Council, other than the ex-officio and the elected members, on the
recommendation of the Vice-Chancellor:---
Provided that as regards the five professors and the members
representing the departments, institutes and the constituent colleges the
Senate may, as an alternative to elections, prescribe a procedure for proposal
of a panel of names by the Representation Committee set up in terms of Section
23. Appointment of persons proposed by the Representation Committee may be made
by the Senate on the recommendation of the Vice-Chancellor.
(3) Members of the Academic Council shall hold office for
three years.
(4) The Academic Council shall meet at least once in each
quarter.
(5) The quorum for meetings of the Academic Council shall be
one half of the total number of members, a fraction being counted as one.
22. Powers and Functions of the Academic Council.- (1) The Academic Council shall be the principal academic
body of the University and shall, subject to the provisions of the Act and the
Statutes have the power to lay down proper standards of instructions, research
and examinations and to regulate and promote the academic life of the
University and the College.
(2) Without prejudice to the generality of the foregoing
powers, and subject to the provisions of this Act and the Statutes, the
Academic Council shall have the power to,---
(a) approve the policies and procedures pertaining to
the quality of academic programmes;
(b) approve academic programmes;
(c) approve the policies and procedures pertaining to
student related functions including admissions, expulsions, punishments,
examinations and certification;
(d) approve the policies and procedures assuring
quality of teaching and research;
(e) recommend the policies and procedures for affiliation
of other educational institutions;
(f) propose to the Syndicate schemes for the
constitution and organization of Faculties, teaching departments/Institutes and
boards of studies;
(g) appoint paper setters and examiners for all
examinations of the University after receiving panels of names from the
relevant authorities;
(h) instituteprogrammes for the continued professional
development of University Teachers at all levels;
(i) recognize the examinations of other Universities or
examining bodies as equivalent to the corresponding examinations of the
University;
(j) regulate the award of studentships, scholarships,
exhibitions, medals and prizes;
(k) frame Regulations for submission to the Senate;
(l) prepare an annual report on the academic performance
of the University; and
(m) perform such other functions as may be prescribed
by Regulations.
23. Representation Committees.- (1) There shall be a Representation Committee constituted
by the Senate through Statutes for recommendation of persons for appointment to
the Senate in accordance with the provisions of Section 16.
(2) There shall also be a Representation Committee
constituted by the Senate through Statutes for the recommendation of persons
for appointment to the Syndicate and the Academic Council in accordance with
the provisions of Sections 20 and 22.
(3) Members of the Representation Committee for appointments
to the Senate shall consist of the following:-
(a) Vice-Chancellor of the University shall be
Chairperson of the representative committee;
(b) Three members of the Senate who are not University Teachers;
(c) two persons nominated by the University Teachers
from amongst themselves in the manner prescribed;
(d) one person from the academic community, not
employed by the University, at the level of professor or college principal to
be nominated by the University Teachers in the manner prescribed; and
(e) one eminent citizen with experience in
administration, philanthropy, development work, law or accountancy to be
nominated by the Senate.
(4) Member of the Representation Committee for the purpose
of sub-section (2) shall consist of,-
(a) two members of the Senate who are not
University Teachers;
(b) three persons nominated by the University Teachers
from amongst themselves in the manner prescribed.
(5) The tenure of the Representation Committees shall be
three years but no member shall serve for more than two consecutive terms.
(6) The procedures of the Representation Committees shall be
as may be prescribed.
(7) There may also be such other Representation Committees
set up by any of the other Authorities of the University as are considered
appropriate for recommending persons for appointment to the various Authorities
and other bodies of the University.
24. Appointment of Committees by Certain Authorities.- (1) The Senate, the Syndicate, the Academic Council and
other Authorities may, from time to time, appoint such standing, special or
advisory committees, as they may deem fit, and may place on such committee
persons who are not members of the Authorities appointing the Committees.
(2) The constitution, functions and powers of the
Authorities for which no specific provision has been made in this Act shall be
such as may be prescribed by the Statutes or Regulations.
CHAPTER V
Statutes, Regulations and Rules
25. Statutes.-
(1) Subject to the provisions of the Act, Statutes to be published in the
official Gazette, may be made to regulate or prescribe all or any of the
following matters,---
(a) the contents of and the manner in which the annual
report to be presented by the Vice-Chancellor before the Senate shall be
prepared;
(b) the University fees and other charges;
(c) the constitution of any pension, insurance,
gratuity, provident fund and benevolent fund for the University employees;
(d) the scales of pay and other terms and conditions of
service of officers, teachers and other employees of the University;
(e) the maintenance of the register of registered
graduates;
(f) affiliation and disaffiliation of educational
institutions and related matters;
(g) admission of educational institutions to the
privileges of the University and the withdrawal of such privileges;
(h) the establishment of faculties, departments,
institutes, colleges and other academic divisions;
(i) the powers and duties of officers and teachers;
(j) conditions under which the University may enter
into arrangements with other institutions or with public bodies for purposes of
research and advisory services;
(k) conditions for appointment of Emeritus Professors
and award of honorary degrees;
(l) efficiency and discipline of University employees;
(m) the constitution and procedure to be followed by
Representation Committees in carrying out functions in terms of this Act;
(n) the constitution and procedure to be followed by
the Search Committee for appointment of the Vice-Chancellor;
(o) constitution, functions and powers of the
Authorities of the University; and
(p) all other matters which by this Act are to be or
may be prescribed or regulated by Statutes.
(2) The draft of Statutes shall be proposed by the Syndicate
to the Senate which may approve or pass with such modifications as the Senate
may think fit or may refer back to the Syndicate, as the case may be, for
reconsideration of the proposed draft:---
Provided that Statutes concerning any of the matters
mentioned in clauses (a) and (k) of sub-section (1) shall be initiated and
approved by the Senate, after seeking the views of the Syndicate:---
Provided further that the Senate may initiate a Statutes
with respect to any matter in its power or with respect to which a Statutes s
may be framed in terms of the Act and approve such Statutes s after seeking the
views of the Syndicate.
26. Regulations.-
(1) Subject to the provisions of the Act and the Statues, the Academic Council
may make Regulations, to be published in the Official Gazette, for all or any
of the following matters:-
(a) The courses of study for degrees, diplomas and
certificates of the University;
(b) the manner in which the teaching referred to in
sub-section (1) of Section 6 shall be organized and conducted;
(c) the admission and expulsion of students to and from
the University;
(d) the conditions under which students shall be
admitted to the courses and the examinations of the University and shall become
eligible for the award of degrees, diplomas and certificates;
(e) the conduct of examinations;
(f) conditions under which a person may carry on independent
research to entitle him to a degree;
(g) the institution of fellowships, scholarships,
exhibitions, medals and prizes;
(h) the use of the Library;
(i) the formation of Faculties, Departments and board of
studies; and
(j) all other matters which by the Act or the Statutes are
to be or may be prescribed by Regulations.
(2) Regulations shall be proposed by the Academic Council
and shall be submitted to the Senate which may approve them or withhold
approval or refer them back to the Academic Council for reconsideration. The
Regulations proposed by the Academic Council shall not be effective unless it
receives the approval of the Senate.
(3) Regulations regarding or incidental to the matters
contained in clauses (g) and (i) shall not be submitted to the Senate without
the prior approval of the Syndicate.
27. Amendment and Repeal of Statutes and
Regulations.- The procedure for adding to,
amending or repealing the Statutes and the Regulations shall be the same as
that prescribed respectively for framing or making Statutes and Regulations.
28. Rules.-
(1) The Authorities and the other bodies of the University may make Rules, to
be published in the Official Gazette, consistent with the Act, Statutes
or the Regulations, to regulate any matter relating to the affairs of the
University which has not been provided for by the Act or that is not required
to be regulated by Statutes or Regulations, including rules to regulate
the conduct of business and the time and place of meetings and related matters.
(2) Rules shall become effective upon approval by the
Syndicate.
CHAPTER VI
University Fund
29. University fund.- The University shall have a fund which shall be credited
its income from fees, charges, donations, trusts, bequests, endowments,
contributions, grants and all other sources.
30. Audits and Accounts.- (1) The Accounts of the University shall be maintained in
such form and in such manner as may be prescribed.
(2) The teaching departments, Constituent
Colleges/Institutes and all other bodies designated as such by the Syndicate in
terms of Statutes shall be independent cost centers of the University with
authority vested in the head of each cost centre to sanction expenditure out of
the budget allocated to it:---
Provided that re-appropriation from one head of expenditure
to another may be made by the head of a cost centre in accordance with and to
the extent prescribed by the Statutes.
(3) All funds generated by a teaching department,
Constituent College or other unit of the University through consultancy,
research or other provision of service shall be made available without
prejudice to the budgetary allocation otherwise made, after deduction of
overheads in the manner and to the extent prescribed by Statutes, to the
teaching department, Constituent College or other unit for its development. A
part of the funds so generated may be shared with the University Teachers or
researchers in charge of the consultancy, research or service concerned in the
manner and to the extent prescribed by Statutes .
(4) No expenditure shall be made from the funds of the
University, unless a bill for its payments has been issued by the head of the
cost centre concerned in accordance with the relevant Statutes and the
Treasurer has verified that the payment is provided for in the approved budget
of the cost centre, subject to the authority to re-appropriate available to the
head of the cost centre.
(5) Provision shall be made for an internal audit of the
finances of the University.
(6) Without prejudice to the requirement of audit by an
auditor appointed by Government in accordance with the provisions of any other
law in force, the annual audited statement of accounts of the University shall
be prepared in conformity with the Generally Accepted Accounting Principles
(GAAP) by a reputed firm of chartered accountants or the University and signed
by the Treasurer. The annual audited statement of accounts so prepared shall be
submitted to the Auditor General of Azad Jammu and Kashmir
for his observations.
(7) The accounts of the University shall be audited once a
year by Government Auditors appointed by the Auditor-General of Azad Jammu and Kashmir .
(8) The observations of the Auditor General of Azad Jammu
and Kashmir , if any, together with such
annotations as the Treasurer may make, shall be considered by the Syndicate and
shall be placed before the Senate within six months of closing of the financial
year.
CHAPTER VII
General Provisions
31. Opportunity to Show Cause.- Except as otherwise provided by law no officer, Teacher or
other employee of the University holding a permanent post shall be reduced in
rank, or removed or compulsorily retired from service for cause arising out of
any act or omission on the part of the person concerned unless he has been
given a reasonable opportunity of showing cause against the action proposed to
be taken.
32. Appeal to the Syndicate and the Senate.- Where an order is passed punishing any officer (other than
the Vice-Chancellor), Teacher or other employee of the University or altering
or interpreting to his disadvantage the prescribed terms or conditions of his
service, he shall, where the order is passed by any officer or Teacher of the
University other than the Vice-Chancellor, have the right to appeal to the
Syndicate against the order, and where the order is passed by the
Vice-Chancellor, have the right to appeal to the Senate
33. Service of the University.- (1) All persons employed by the University in accordance
with the terms and conditions of service prescribed by Statutes shall be
persons in the service of government for the purposes of any court or tribunal
set up by law in terms of Section 47 of the Azad Jammu and Kashmir Interim
Constitution Act, 1974:---
Provided that any provision as regards the terms and
conditions of employment of persons in the service of Pakistan
(2) An officer, Teacher or other employee of the University
shall retire from service on the attainment of such age or tenure of service as
may be prescribed.
(3) No adverse change shall be made in the terms and
conditions of employment of any Teacher, officer and other employees in the
employment of the University on the date of enforcement of the Act.
34. Pension, Insurance, Gratuity, Provident Fund and
Benevolent Fund.- (1) The University shall constitute
for the benefit of its officers, teachers and other employees in such manner
and subject to such conditions as may be prescribed such pension, insurance,
gratuity, provident fund and benevolent fund scheme as it may deem fit.
(2) Where any provident fund has been constituted under this
Act, the provisions of the Provident Funds and rules made there under shall
apply to such funds as if it were the Government Provident Fund and the
University were the Government.
35. Commencement of Term of Office of Members of
Authority.- (1) When a member of a newly
constituted Authority is elected, appointed or nominated, his term of office,
as fixed under this Act, shall commence from such date as may be prescribed.
(2) Where a member who has accepted any other assignment or
for any other similar reason remains absent from the University for a period of
not less than six months he shall be deemed to have resigned and vacated his
seat.
36. Filling of Casual Vacancies in Authorities.- Any casual vacancy among the members of any Authority shall
be filled, as soon as conveniently may be, in the same manner and by the same
person or Authority that had appointed the member whose place has become vacant
and the person appointed to the vacancy shall be a member of such Authority for
the residue of the term for which the person whose place he fills would have
been a member.
37. Flaws in the Constitution of Authorities.- Where there is a flaw in the constitution of an Authority,
as constituted by this Act, the Statutes or the Regulations on account of the
abolition of a specified office under Government or an organization,
institution or other body outside the University has been dissolved or has
ceased to function, or because of some other similar reason, such flaw shall be
removed in such manner as the Senate may direct.
38. Proceedings of Authorities not Invalidated by the
Vacancies.- No act, resolution or decision of
any Authority shall be invalid by reason of any vacancy in the Authority doing,
passing, or making it or by reason of any want of qualification or invalidity
in the election, appointment or nomination of any de-facto member of the
Authority, whether present or absent.
39. First Statutes and Regulations.- Notwithstanding anything to the contrary contained in the
Act, the President of Azad Jammu and Kashmir shall promulgate the First Statues
and Regulations which shall be deemed to be Statutes and Regulations
framed under Section 25 and 26 and shall continue to remain in force until
amended or replaced or till such time as new Statutes and Regulations are
framed in accordance with the provisions of the Act.
40. Transitory Provisions.- (1) Notwithstanding anything contained in
this Act, upon the coming into force of this Act with respect to the University
listed in the Schedule, the Senate shall be restructured and the members
thereof, except the University Teachers, appointed afresh by the Chancellor in
accordance with the numbers and criteria for membership specified in the Act. As
regards the University Teachers to be elected or appointed to the restructured
Senate elections shall be held as soon as possible in the case of Universities
where the repealed Act, Ordinance or other legislative instrument had provided
for the election of University Teachers to the Senate. In all other cases
University Teachers shall be appointed to the restructured Senate by the
Chancellor. The number of University Teachers to be elected or appointed to the
restructured Senate shall be as provided in the Act. The first restructured
Senate so constituted shall initiate, as soon as possible, the process for the
appointment of the members of the Syndicate and the Academic Council in
accordance with the terms of this Act. The term of tenure provided in sub-section
(4) of Section 16 notwithstanding, one-third of the members, other than ex
officio members, of the first restructured Senate, to be determined by lot,
shall retire from office on the expiration of one year from the date of
appointment by the Chancellor. One half of the remaining members, other than
ex-officio members, of the first restructured Senate, to be
determined by lot, shall retire from office on the expiration of two years from
the date of appointment and the remaining one half, other than ex-officio members,
shall retire from office on the expiration of the third year.
(2) Notwithstanding anything contained in this Act, as
regards a University set up after the promulgation date hereof, the first
Vice-Chancellor shall be appointed by the Chancellor for a period of three
years.
(3) Notwithstanding anything contained in this Act, as
regards a University set up after the promulgation date hereof, the members of
the first Senate, except the University Teachers, shall be appointed by the
Chancellor in accordance with the numbers and criteria for membership specified
in the Act. The first Senate so constituted shall initiate, as soon as
possible, the process for the recruitment of University Teachers and
appointment of the members of the Syndicate and the Academic Council in
accordance with the terms of this Act. The University Teachers to be appointed
to the first Senate shall be appointed as soon as the procedure prescribed for
appointment of University Teachers to the Senate has be complied with. The term
of tenure provided in sub-section (4) of Section 16 notwithstanding, one-third
of the members, other than ex-officio members, of the first Senate, to
be determined by lot, shall retire from office on the expiration of one year
from the date of appointment by the Chancellor. One-half of the remaining
members, other than ex-officio members, of the first Senate, to be
determined by lot, shall retire from office on the expiration of two years from
the date of appointment and the remaining one-half, other than ex officio members,
shall retire from office on the expiration of the third year.
(4) Immediately on promulgation of this Act the Chancellor
shall appoint a Project Director along with helping staff to put the provisions
of this Act into effect. Other officers such as Registrar, Treasurer,
Controller of Examination and Librarian shall be appointed when the University
starts functioning fully.
(5) The jurisdiction of the University shall be the whole
Azad Jammu & Kashmir.
41. Transfer of Officers, etc.- (1) Any officer, teacher or other employee of the
University shall, as the Chancellor may direct, serve for such period as may be
fixed or extended from time to time by the Chancellor in any post under any
organization in the territory of Azad Jammu and Kashmir .
The terms and conditions offered to him shall not be less favourable than those
admissible to him in the University.
(2) The Chancellor in consultation with the Vice-Chancellor
may fill any post in the University by appointing a person in the service of
the Government.
(3) The Chancellor may approve inter-transfer of officers,
teachers or other employees of the University, Constituent
Colleges , Government, corporate bodies provided that the rights
and privileges of such persons under this arrangement are protected under such
conditions as may be prescribed.
42. Removal of Difficulties.- (1) If any question arises as to the interpretation of any
of the provisions of the Act, it shall be placed before the Chancellor whose
decision thereon, shall be final.
(2) If any difficulty arises in giving effect to any of the
provisions of the Act, the Chancellor may make such order after obtaining the
views of the Senate, not inconsistent with the provisions of this Act, as may
appear to him to be necessary for removing the difficulty.
(3) Where the Act makes any provision for anything to be
done but no provision or no sufficient provision has been made as respects the
authority by whom, or the time at which, or the manner in which, it shall be
done, then it shall be done by such authority, at such time, or in such manner
as the Chancellor may direct after obtaining the views of the Senate.
43. Bar to Jurisdiction.- No
Court shall have jurisdiction to entertain any
proceedings, grant any injunction or make any order in relation to anything
done or purported to have been done or intended to be done under this Act.
44. Indemnity.-
No suit or legal proceedings shall lie against the Government, the
University or any Authority, officer or employee of the Government or the
University or any person in respect of anything done in good faith under this
Act.
45. Power to Allow Appointment of Employees of the
Government, Other Universities or Educational or Research Institutions to the
University.- (1) Notwithstanding anything
contained in this Act the Senate may, on the advice of the Syndicate, allow any
post in the University to be filled by appointment, on such terms and
conditions as the Senate may specify, an employee of the Government or any
other university or educational or research institution.
(2) Where any appointment has been made under this Section,
the terms and conditions of service of the appointee shall not be less
favourable than those admissible to him immediately before such appointment and
he shall be entitled to all benefits of such post.
46. University Auditor.- There shall be a University Auditor who shall be an officer
in the service of the Government whose services would be placed at the disposal
of the University by the Auditor General of Azad Jammu and Kashmir or as
provided in the public sector universities of Pakistan
47.Savings.- Notwithstanding
any judgment, decree or order of any court including the High Court and Supreme
Court, everything done, all actions taken, notifications issued, decisions
made, orders passed, proceedings initiated, powers exercised, powers conferred
etc., which have been visualized by this Act, shall be deemed to have been
validly done, taken, issued, made, passed, initiated, exercised, conferred
etc., under this Act.
(Sardar Rashid Kaleem)
Deputy Secretary Law
SCHEDULE
THE FIRST STATUTE
(SEE SECTION 39)
1. Faculties.-(1)
The University shall include the following Faculties,---
(i) Faculty of Arts and Social Sciences.
(ii) Faculty of Science and Technology.
(iii) Faculty of Islamic and Oriental Learning.
(iv) Faculty of Law, Commerce, Management and
Administrative Science.
(v) Faculty of Education.
(vi) Faculty of Medicine, Dentistry and Pharmacy.
(vii) Such other faculties or teaching, research and
training units as may be prescribed by Statutes.
(2) There shall be a Board of each Faculty which shall
consist of,-
(i) the Dean to be appointed in the manner as may be
prescribed;
(ii) the Professors and the Chairpersons of the
Teaching Departments and Directors of Institutes comprising the Faculty;
(iii) one Lecturer, one Assistant Professor and one
Associate Professor to be nominated by rotation in order of seniority from each
Department/Institute constituted in the Faculty; and
(iv) three teachers to be nominated by the Academic
Council by reason of their specialized knowledge of the subjects which, though
not assigned to the Faculty, have in the opinion of the Academic Council
important bearing on the subjects assigned to the Faculty.
(3) The members mentioned in clauses (iii) and (iv) of
sub-paragraph (2) shall hold office for three years.
(4) The quorum for a meeting of the Board of a Faculty
shall be one-half of the total number of members, a fraction being counted as
one.
(5) The Board of each Faculty shall, subject to the
general control of the Academic Council and the Syndicate, have the powers,-
(a) to co-ordinate the teaching, publication and
research work in the subjects assigned to the Faculty;
(b) to scrutinize the recommendations of the Boards of
Studies comprised in the Faculty in regard to the appointment of paper setters
and examiners, except for research examinations and to forward the panels of
suitable paper setters and examiners for each examination to the Vice
Chancellor;
(c) to consider any other academic matter relating to
the Faculty and to report thereon to the Academic Council; and
(d) to perform such other functions as may be assigned
to it.
2. Dean.-
(1) There shall be a Dean of each Faculty, who shall be the Chairperson and
Convener of the Board of Faculty.
(2) The Dean of each Faculty shall be appointed by the
Chancellor from amongst the three senior most Professors in the Faculty for a
period of three years and shall be eligible for re-appointment:---
Provided that if no Professor is available in a Faculty a
Professor from some other Faculty may act as Dean till a Professor of the
Faculty itself is appointed.
(3) The Dean shall present candidates for admission to
degrees except Honorary Degrees in the course falling within the purview of the
Faculty.
(4) The Dean shall exercise such administrative and
academic powers as may be delegated to him.
3. Teaching departments and chairpersons.- (1) There shall be a Teaching Department/Institute for each
subject or a group of subjects, as may be prescribed by Regulations and each
Teaching Department/Institute shall be headed by a Chairperson/Director.
(2) The Chairperson of a Teaching Department and the
Director of an Institute shall be appointed by the Syndicate on the
recommendation of the Vice-Chancellor from amongst the three senior most
Professors of the Department/Institute for a period of three years and shall be
eligible for re-appointment:---
Provided that in a Department/Institute where there are less
than three Professors the appointment shall be made from amongst the three
senior most Professors and Associate Professors of the Department/Institute:---
Provided further that in a Department/Institute, in which
there is no Professor or Associate Professor, no such appointment shall be made
and the Department/Institute shall be looked after by the Dean of the Faculty
with the assistance of the senior most teacher of the Department/Institute.
(3) The Chairperson of the Department/Director of the
Institute shall plan, organize and supervise the work of the
Department/institute and shall be responsible to the Dean for the work of his
Department/Institute.
4. Board of Studies.-(1) There shall be a separate Board of Studies for each
subject or group of subjects, as may be prescribed by Regulations.
(2) Each Board of Studies shall consist of,-
(i) the Director of the Institute/Chairperson of the
University Institute/Teaching Department;
(ii) all Professors and Associate Professors in the
Institute/ University Teaching Departments;
(iii) two experts to be appointed by the
Vice-Chancellor;
(iv) three teachers, other than University teachers, to
be appointed by the Syndicate from Colleges; and
(v) one Assistant Professor and one Lecturer to be
appointed by rotation in order of seniority from the Department concerned:---
Provided that in the case of professional subjects which are
taught in the affiliated Institutes/Colleges only and not in the University,
such as Medicine, Dentistry, Home Economics and Education etc., the Board of
Studies shall consist of;
(i) the Principals of the Colleges, Directors of the
Institutes, Heads of the Institutes concerned;
(ii) five teachers of the Colleges, to be appointed by
the Syndicate; and
(iii) two experts to be appointed by the
Vice-Chancellor:---
Provided further that in the case of such subjects of
Humanities and Sciences as are taught in the affiliated colleges only and not
in the University, the Board of Studies shall consist of,---
(i) three teachers from the Colleges doing teaching
work in the subject to be appointed by the Academic Council; and
(ii) two experts to be appointed by the
Vice-Chancellor.
(3) The term of office of members of the Board of
Studies, other than ex-officio members, shall be three years.
(4) The quorum for meetings of the Board of Studies
shall be one-half of the number of members, a fraction being counted as one.
(5) The Chairperson of the University teaching
Department/Institute concerned shall be the Chairperson and Convenor of
the Board of Studies. Where in respect of a subject there is no University
teaching Department, the Chairperson shall be appointed by the Syndicate.
(6) The functions of the Board of Studies shall be,---
(a) to advise the Authorities on all academic matters
connected with instruction, publication, research and examination in the
subjects concerned;
(b) to propose curricula and syllabi for all degree,
diploma and certificate courses in the subjects concerned;
(c) to suggest a panel of names of paper setters and
examiners in the subjects concerned; and
(d) to perform such other functions as may be prescribed by
Regulations.
5. Advanced Studies and Research Board.- (1) The Advanced Studies and Research Board shall consist
of,---
(i) the Vice-Chancellor(Chairperson);
(ii) the Pro-Vice-Chancellor;
(iii) the Deans;
(iv) three University Professors other than Deans to be
appointed by the Syndicate;
(v) three University teachers having research
qualifications and experience to be appointed by the Academic Council; and
(vi) three teachers from Affiliated Colleges having
research qualifications to be appointed by the Academic Council.
(2) The term of office of members of the Advanced
Studies and Research Board, other than ex-officio members shall be three years.
(3) The quorum for a meeting of the Advanced Studies
and Research Board shall be one-half of the total number of members a fraction
being counted as one.
(4) The functions of the Advanced Studies and Research
Board shall,---
(a) to advise the Authorities on all matters connected
with the promotion of Advanced Studies and Research in the University;
(b) to consider and report to the Authorities on the
institution of research degrees in the University;
(c) to propose Regulations regarding the award of
research degrees;
(d) to appoint supervisors for research studies and to
determine the subjects of their thesis;
(e) to recommend names of panels of paper setters
and examiners for research examinations after considering the proposal of the
Board of Studies in this behalf; and
(f) to perform such other functions as may be
prescribed by Statutes.
6. Selection Board.- (1) The Selection Board shall consist of,---
(i) the Vice-Chancellor (Chairperson);
(ii) the Pro-Vice-Chancellor;
(iii) one Vice-Chancellor of a General
University to be appointed by the Chancellor;
(iv) The Chairman or a member of the Azad Jammu and
Kashmir Public Service Commission to be nominated by the Chairman;
(v) The Dean of the Faculty concerned;
(vi) The Chairperson of the Teaching Department/
Director of the Institute and Principal of the constituent College, concerned;
and
(vii) One member of the Syndicate and two other members
to be appointed by the Syndicate, provided that none of them is an employee of
the University.
(2) The members other than ex-officio members shall
hold office for three years.
(3) The quorum of Selection Board in case of selection
of a Professor/Associate Professor and other teachers shall be four and three
respectively. In case of selection of officers, other than teachers, the
Selection Board shall consist only of members mentioned at (i), (ii), (iii) and
(vi) of sub-paragraph (1) and the quorum shall be three.
(4) No member who is a candidate for the post to which
appointment is to be made shall take part in the proceedings of the Board.
(5) In selecting candidates for the posts of Professors
and Associate Professors, the Selection Board shall co-opt or consult three
experts in the subject concerned and in selecting candidates for other teaching
posts, two experts in the subject concerned, to be nominated by the Vice
Chancellor from a standing list of experts for each subject approved by the
Syndicate on the recommendation of the Selection Board and revised from time to
time.
7. Functions of the Selection Board.- (1) The Selection Board for teaching and other posts shall
consider the applications received in response to an advertisement or cases of
persons whose services are to be acquired on deputation basis, and recommend to
the Syndicate, the names of suitable persons for appointment to teaching or
other posts, as the case may be and may also recommend,---
(i) the grant of a higher initial pay in a suitable
case for reasons to be recorded;
(ii) the appointment of an eminently qualified person
to a Professorship in the University on terms and conditions other than those
prescribed;
(iii) cases of move-over and award of increments/cash
award on the basis of research contribution as prescribed.
(2) In the event of unresolved difference of opinion
between the Selection Board and the Syndicate, the matter shall be referred to
the Chancellor whose decision shall be final.
8. Finance and Planning Committee.- (1) The Finance and Planning Committee shall consist of,---
(i) the Vice-Chancellor;
(ii) the Pro-Vice-Chancellor;
(iii) one member of the Syndicate to be appointed by
the Syndicate;
(iv) two members of the Academic Council to be
appointed by the Academic Council;
(v) the Secretary Education (Colleges) or his
nominee;
(vi) the Secretary Finance Department or his nominee;
(vii) the Treasurer; and
(viii) the Registrar.
(2) The term of office of the appointed members shall
be three years.
(3) The quorum for a meeting of the Finance and
Planning Committee shall be three members.
9. Functions of Finance and Planning Committee.-The functions of Finance and Planning Committee shall be,-
(a) to consider the annual statement of accounts and
the annual and revised budget estimates and advise the Syndicate thereon;
(b) to review periodically the financial position of
the University;
(c) to advise the Syndicate on all matters relating to
planning, development, finances, investments and accounts of the University;
and
(d) to perform such other functions as may be
prescribed.
10. Affiliation Committee.-(1) The Affiliation Committee shall consist of,---
(i) a chairperson to be nominated by the Syndicate;
(ii) two Professors to be nominated by the Academic
Council;
(iii) two teachers to be nominated by the Syndicate;
(iv) the Director of Education (Colleges) of the
concerned division; and
(v) the Regional Director of Technical Education of the
concerned division.
(2) The term of office of the members of the Committee,
other than ex-officio members, shall be two years.
(3) The Affiliation Committee may co-opt not more than
three experts (who shall be counted for the quorum of an inspection by the
Affiliation Committee).
(4) The quorum for a meeting of or for an inspection by
the Affiliation Committee shall be three.
(5) The Deputy Registrar dealing with the affiliation
cases or such other person as may be designated by the Vice-Chancellor for this
purpose shall act as Secretary of the Committee.
11. Functions of the Affiliation Committee.-The functions of the affiliation Committee shall be,---
(a) to inspect the educational institution seeking
affiliation with or admission to the privileges of the University and to advise
the Syndicate thereon;
(b) to inquire into complaints alleging breach of
conditions of affiliation by affiliated colleges and to advise the Syndicate
thereon; and
(c) to perform such other functions as may be
prescribed by Regulations.
12. Discipline Committee.-(1) The Discipline Committee shall consist of,---
(i) a chairperson to be nominated by the Vice-
Chancellor;
(ii) two Professors to be nominated by the Academic
Council;
(iii) two Professors to be nominated by the Syndicate;
and
(iv) the Teacher or Officer incharge of Students
Affairs by whatever name called (member Secretary).
(2) The term of office of the members of the Committee,
other than ex-officio member, shall be two years.
(3) The quorum for a meeting of Discipline Committee
shall be four members.
13. Functions of the Discipline Committee.- The functions of the Discipline Committee shall be,---
(a) to propose Regulations to the Academic Council
relating to the conduct of University students, maintenance of discipline and
breach of discipline; and
(b) to perform such other functions as may be
prescribed.
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