Act No. VIII of 2014
Dated:
31-03-2014
No. LD/Legis-Act/191-202/2014 The following Act of Assembly
received the assent of the President on 25th day of March, 2014, is
hereby published for general information.
[Act VIII of 2014]
AnAct to provide for the up-gradation of the Rawalakot Campus of
the University of Azad Jammu and Kashmir as a
new University
Whereas it is expedient to enhance facilities for higher education
and research in the Azad Jammu and Kashmir and to up-grade the Rawalakot Campus
of the University of Azad Jammu and Kashmir as University of the Poonch,
Rawalakot in the manner hereinafter appearing;
It is hereby
enacted as follows:---
CHAPTER I
Preliminary
1. Short title, Extent and Commencement.- (1) This Act may be
called the University of the Poonch, Rawalakot 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 13.01.2014.
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) “Affiliated Colleges” means an
educational institution affiliated to the University but not maintained or
administered by it;
(c) “Authority” means any of the
Authorities of the University specified or set up in terms of Section 15;
(d) “Chancellor” means the
Chancellor of the University;
(e) “College” means a constituent
college;
(f) “Commission” means the Higher
Education Commission, Islamabad ;
(g) “Constituent
College ” means an educational institution, by whatever name
described, maintained and administered by the University;
(h) “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;
(i) “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;
(j) “Department/Institute” means a
teaching department/Institute maintained and administered, or recognized by the
University in the manner prescribed;
(k) “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;
(l) Faculty” means an administrative
and academic unit of the University consisting of one or more
departments/Institutes as prescribed;
(m) “Government” means the Azad
Government of the State of Jammu and Kashmir ;
(n) “Prescribed” means prescribed by
Statutes, Regulations or Rules made under this Act;
(o) “Principal” means the head of a
College;
(p) “Representation Committees”
means the Representation Committees constituted under Section 23;
(q) “Review Panel” means the Review
Panel set up by the Chancellor in accordance with the provisions of Section 8;
(r) “Schedule” means the schedule of
this Act;
(s) “Search Committee” means the
Search Committee set up by the Senate under sub-section (2) of Section 11;
(t) “Senate” means the Senate of the
University;
(u) “Statutes”, “Regulations” and
“Rules” mean respectively the Statutes, the Regulations and the Rules made
under this Act and for the time being in force;
(v) “Syndicate” means the Syndicate
of the University;
(w) “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;
(x) “University” means University of
the Poonch, Rawalakot;
(y) “University Teacher” means a
whole-time teacher appointed and paid by the University, or recognized by the
University as such; and
(z) “Vice-Chancellor” means the
Vice-Chancellor of the University.
CHAPTER II
The University
3. Incorporation.– (1) There shall be a university to be called the University
of the Poonch, Rawalakot with its principal seat at Rawalakot and it may
establish its other campuses where need arise.
(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
University of the Poonch, Rawalakot. 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) The University shall consist of the existing
departments/institutes and faculties at the Rawalakot campus of University of Azad Jammu and Kashmir (UAJ&K) and
departments/ institute and faculties as may be determined by Statutes.
(8) All properties, rights and interests of whatever kind,
used, enjoyed, possessed, owned or vested in or held in trust by and for the
Rawalakot campus of the University of Azad Jammu and Kashmir (UAJ&K) and
all liabilities legally subsistent against the campus shall stand transferred to
the University.
4. Powers and Purposes 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 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;
(xv) to co-operate with other
Universities, public authorities or private organizations, inside as well as
outside Pakistan
(xvi) to institute Professorships,
Associate Professorships, Assistant Professorships and Lectureships and any
other posts and to appoint persons thereto;
(xvii) to create posts for research,
extension, administration and other related purposes and to appoint persons
thereto;
(xviii) to recognize selected
members of the teaching staff of educational institutions admitted to the
privileges of the University or such other persons as it may deem fit, as
University teachers;
(xix) to institute and award
financial assistance to students in need, fellowships, scholarships, bursaries,
medals and prizes under prescribed conditions;
(xx) 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;
(xxi) 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;
(xxii) to maintain order, discipline
and security on the campuses of the University and the colleges;
(xxiii) to promote the
extracurricular and recreational activities of such students, and to make
arrangements for promoting their health and general welfare;
(xxiv) to demand and receive such
fees and other charges as it may determine;
(xxv) 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;
(xxvi) to enter into, carry out,
vary or cancel contracts;
(xxvii) 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;
(xxviii) to provide for the printing
and publication of research and other works; and
(xxix) 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 classes, creeds, etc.–
(1) Except where the University has been declared by notification in the
official Gazette to be open only to persons of a specified gender, the
University shall be open to all persons of either gender and of whatever
religion, race, creed, class, colour or domicile and no person shall be denied
the privileges of the University on the grounds of sex, religion, race, caste,
creed, class or colour or domicile.
(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. Principal Officers.– The
following shall be the principal officers of the University, namely:---
(a) The Chancellor;
(b) the Vice-Chancellor;
(c) the Deans;
(d) the Principals of the
constituent colleges;
(e) the Chairpersons/Directors of
the teaching departments/ Institutes;
(f) the Registrar;
(g) the Treasurer;
(h) the Controller of Examinations;
(i) the Librarian;
(j) the Audit Officer; and
(k) such other persons as may be
prescribed to be the principal officers of the University.
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
exercise and perform such other powers and functions as may be prescribed; and
(g) to
sanction all expenditure provided for in the approved budget, and to re-appropriate
funds within the same major head of expenditure.”
(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 s s 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) Authorities 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 to the Senate admission of educational institutions to the privileges
of the University and withdrawal of such privileges;
(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) five
Professors including Emeritus Professors;
(e) the
Registrar;
(f) the
Controller of Examinations; and
(g) 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) propose
to the Syndicate schemes for the constitution and organization of Faculties,
teaching departments/Institutes and boards of studies;
(f) appoint
paper setters and examiners for all examinations of the University after
receiving panels of names from the relevant authorities;
(g) instituteprogrammes
for the continued professional development of University Teachers at all
levels;
(h) recognize
the examinations of other Universities or examining bodies as equivalent to the
corresponding examinations of the University;
(i) regulate
the award of studentships, scholarships, exhibitions, medals and prizes;
(j) frame
Regulations for submission to the Senate;
(k) prepare
an annual report on the academic performance of the University; and
(l) 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) admission
of educational institutions to the privileges of the University and the
withdrawal of such privileges;
(g) the
establishment of faculties, departments, institutes, colleges and other
academic divisions;
(h) the
powers and duties of officers and teachers;
(i) conditions
under which the University may enter into arrangements with other institutions
or with public bodies for purposes of research and advisory services;
(j) conditions
for appointment of Emeritus Professors and award of honorary degrees;
(k) efficiency
and discipline of University employees;
(l) the
constitution and procedure to be followed by Representation Committees in
carrying out functions in terms of this Act;
(m) the constitution and procedure
to be followed by the Search Committee for appointment of the Vice-Chancellor;
(n) constitution,
functions and powers of the Authorities of the University; and
(o) 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 thereunder 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) Any existing provision as
regards tenure notwithstanding the Vice-Chancellor and the other Authorities,
in existence immediately before the date on which this Act is enforced with
respect to a University listed in the Schedule, shall continue to function and
shall, as far as may be, exercise the powers respectively assigned to the
Vice-Chancellor and the corresponding Authorities by or under this Act, until
such time as they are respectively replaced in accordance with the terms of the
Act.
(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)
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.
(5) 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 Examinations and Librarian shall be appointed when the University
starts functioning fully.
(6) All projects sponsored by the Higher Education Commission
(HEC), the Government, AJ&K Council or by any of the sponsoring agencies
existing/approved or submitted relating to the Rawalakot campus of the
University of Azad Jammu and Kashmir shall
also stand transferred to the University of the Poonch, Rawalakot.
(7) All examinations of existing students admitted in all
disciplines at the departments/institutes and faculties of the Rawalakot campus
of the University of Azad Jammu and Kashmir (UAJ&K), before the
promulgation of this Act shall be conducted by the University of Azad Jammu and
Kashmir (UAJ&K) and the candidates shall be awarded degrees or
certificates/diplomas after the completion of the degree requirements by the
University of Azad Jammu and Kashmir (UAJ&K), whereas the admissions in
each of the disciplines existing or to be opened in future shall be made under
the University of the Poonch, Rawalakot. The examinations of the students
admitted after the promulgation of this Act shall be conducted by the
University of the Poonch, Rawalakot and the candidates shall be awarded degrees
or certificates/diplomas after the completion of the degree requirements by the
University of the Poonch, Rawalakot.
(8) The proportionate share of the developmental and
non-developmental self-support budget of the departments/institutes and
faculties of the University of Azad Jammu and Kashmir
(UAJ&K) at Rawalakot shall stand transferred to the University of the
Poonch, Rawalakot.
(9) The teaching and non-teaching staff of the
departments/institutes and faculties of the Rawalakot campus of the University
of Azad Jammu and Kashmir (UAJ&K) shall stand transferred to the University
of the Poonch, Rawalakot.
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. 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.
44. 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.
(3) There shall be a University Auditor who shall be an
officer in the service of 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 in Pakistan
45. Savings.- Notwithstanding any judgment of Supreme Court or High
Court, all actions taken, decisions made, orders passed, notifications issued,
proceedings initiated, powers exercised, powers conferred etc. which have been
visualized by this Act, shall be deemed to have been validly taken, made,
passed, issued, initiated, exercised and conferred under this Act.
(Sardar Rashid Kaleem)
Deputy
Secretary Law
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