Saturday, 19 September 2015

COMMECS INSTITUTE OF BUSINESS AND EMERGING SCIENCES ACT, 2009.

PROVINCIAL ASSEMBLY OF SINDH NOTIFICATION
KARACHI, THE 18TH FEBRUARY, 2010.

NO.PAS/Legis-B-08/2009- The Commecs Institute of Business and Emerging Sciences Bill, 2009 having been passed by the Provincial Assembly of Sindh on 29th June, 2009 and assented to by the Governor of Sindh on 11th  February, 2010 is hereby published as an Act of the Legislature of Sindh.



THE COMMECS INSTITUTE OF BUSINESS AND EMERGING SCIENCES ACT, 2009.

SINDH ACT NO: III OF 2010

(First published after having received the assent of the Governor of Sindh in the Gazette of Sindh
(Extra-Ordinary) dated 18th February, 2010.)

AN ACT
 to provide for the establishment of Commecs Institute of Business and Emerging Sciences, Karachi



Preamble
WHEREAS it is expedient to provide for the establishment   of   Commecs   Institute   of   Business   and Emerging Sciences, Karachi and to provide for matters ancillary thereto;

It is hereby enacted as follows:-


1. Short title and commencement.
        (1) This Act may be called the Commecs Institute of Business and Emerging Sciences Act, 2009.

(2) it shall come into force at once.


2     Definitions                   In this Act, unless there is anything repugnant in the subject or context-

a. “Academic Council” means the Academic Council of the Institute;

b. “Authority” means any of the Authorities of the
Institute specified and set up in terms of section
7;

c.  “Board”  means  the  Board  of  Governors  of  the
Institute;


d.  “Chairperson”  means  the  Chairperson  of  the
Board;

e.   “Commission”   means   the   Higher   Education
Commission;

f. “Dean” means Dean of the Faculty;

g. “Director” means the Director of the Institute;

h. “Facultymeans the Faculty of the Institute;

i. “Government” means the Government of Sindh;

j. “Head” means head of a Teaching Department;

k.   “Institute”   means   the   Commecs   Institute   of
Business and Emerging Sciences;

l. “Patron” means the Governor Sindh;

m.   “Prescribed”   means   prescribed   by   statutes, regulations or rules made under this act;

n. “Registrar” means the Registrar of the Institute;

o.  “statutes  ,  regulations  and  rules”  means  the statutes, regulations and rules respectively made under this Act;

p. “teacher” means Professor, Associate Professor, Assistant Professor and Lecturer engaged whole time by the Institute and includes such other persons declared as such by the Board;

q.     “Teaching     Department”     means     Teaching Department established and maintained by the Institute; and

r. “Trust” means the Commecs Educational Trust.


3. Incorporation        (1) There shall be established an Institute at Karachi to be known as the Commecs Institute of Business and Emerging Sciences, Karachi consisting of-



i.  the  Chairperson,  the  Director,  the  Deans  and  the members of the Board;

ii.  the  teachers  and  students  of  the  Institute  and  its constituent units;


iii. the members of such councils, committees and other bodies of the Institute as the Board may establish; and

iv. such other officers and members of the staff of the Institute as may from time to time be specified by the Board.

(2) The Institute shall be a body corporate by the name of Commecs Institute of Business and Emerging Sciences, Karachi having perpetual succession and a common seal, with powers, amongst others, to acquire and hold property, both  movable  and  immovable  and  to  lease,  sell  or otherwise transfer any property vesting in it and shall by the said name sue and be sued.


4.  Powers and functions of the Institute.       Subject to control and directions prescribed by Government from time to time the Institute shall have the powers-






(a)     to  provide  for  instructions  and  training  in  such branches of learning as it may deem fit, and to make provision for research, demonstration and for the advancement  and  dissemination  of  knowledge  in such manner as it may determine;

(b) to admit students and prescribe courses of studies in various branches of learning established by the Institute;
(c) to decide teaching methods and strategies in order to ensure the most effective   educational and training programs;

(d) to hold examinations and confer or award degrees , diplomas, certificates and other academic distinctions on    and   to   the   persons   who   have   passed   its examinations under the prescribed conditions;

(e) to establish and promote teaching departments, faculties and other centres of learning;

(f) to confer honorary degrees or other distinctions in the prescribed manner;

(g) to institute Professorships and Lecturerships and any other post and appoint person thereunder;

(h) to prescribe the terms and conditions of employment and re-employment on contract basis of the officers, teachers and other employees of the Institute;


(i) to create posts for research administration and other related purposes and to appoint persons that to demand and receive fees, and award scholarships and financial assistance to the students in need;

(j) to maintain order, discipline and security in the campus of the Institute;

(k) to cooperate with Universities, Institutes or public authorities or private organizations;



(l) to enter into agreements, vary and cancel such agreements and contract for the purpose of carrying out its functions; and

(m) to do all such other acts and things as may be requisite to further the objectives of the Institution as a place of education, learning, and research.


5.  Institute open to all       The Institute shall be open to all persons of either sex of whatever religion, race, creed, colour or domicile who are academically qualified for admission to the course of study offered by the Institute and no such person shall be denied the privileges  of  the  Institute  on  the  grounds  of  sex,  religion, creed, race, class, colour or domicile.






6.   Teaching and examinations in the Institute.
              (1) The academic programmes of the Institute shall be conducted in the prescribed manner

(2) The Institute may also associate external examiners for the conduct of examinations

(3)  Ndegree  shall  be  granted  unless  a  student  has passed   an   examination   in   Islami Studies   and Pakistan Studies at the Bachelor’s degree level or, in the case of non-Muslim student, in Ethics or Pakistan Studies at his option.

(4). In prescribing syllabi, courses of studies and instructions for the conduct of studies, the Institute shall abide by the directions given from time to time by Government or the Commission.

7. Authorities of the Institute.       The following shall be the Authorities of the Institute:-                

(1) the Board;


(2) the Academic Council;

(3) the Advanced Studies and Research Board; (4) the Finance & Planning Committee;
(5) the Selection Board; and

(6) any other authority set up by the Board.

8. Officers of the Institute       The following shall be the officers of the Institute-                      

(1) the Chairperson; (2) the Director;
(3) the Deans;

(4) the Heads of the Teaching Department; (5) the Registrar; and
(6) such other persons as may be specified by the regulations to be the officers.



9.                (1) The Governor of Sindh shall be the patron of the
Institute.

(2) The Patron shall, when present, preside at the convocation of the Institute.

(3) Every proposal to confer an honorary degree shall be subject to confirmation by the patron.

(4) The appointment of the Chairperson of the Institute shall be made by the Patron for a tenure of four years from a panel recommended by the Trust.


10.Visitation       (1) The Patron may cause an inspection or inquiry to be made on his own motion in respect of any matter connected with the affairs of the Institute and shall, from time to time, direct any person or persons to inquire into or carry out inspection of-



(a) The Institute, its buildings, laboratories, libraries, and other facilities;

(b) any Institution, or department maintained by the
Institute;


(c) the adequacy of financial and human resources of the Institute;

(d) the teaching, research, curriculum, examination and other matters of the Institute; and

(e) such other matters as may be specified by him.


(2) The Patron shall communicate to the Board his views with regard to the result of inspection or enquiry and shall, after ascertaining the views of the Board, advise the Board on the action to be taken by it.


(3) The Board Shall, within such time as may be specified by
the Patron, communicate to him such action , if any has been
taken or may be proposed to be taken upon the results of
visitation.

(4) Where the Board does not within the time specified, take
action or the action taken is not to the satisfaction of the
Patron, the Patron may issue such directions as he deems fit
and the Board shall comply with all such directions.

(5) The Patron shall have powers to take any action, as he
may deem fit against the Institute, including withdrawal of the
Charter and closure of the Institute.

11. 

(1) The general supervision and control of the officers of the
Institute and its powers to lay down policies shall vest in the

Board of Governors

Board consisting of-


(a) the Chairperson;

(b)  a  Judge  of  the  High  Court  of  Sindh  to  be nominated by the Chief Justice;

(c) Chairperson of the Commission or his nominee;

(d) Secretary Education or his nominee not below the rank of an Additional Secretary;

(e) three nominees of the Trust;

(f) Chairperson or President Chamber of Commerce and Industry;

(g) one scientist of national or international repute nominated by the Board; and


(h) the Director who shall also act as Secretary of the
Board.

(2) The members of the Board other than the ex-officio members shall hold office for the period of three years.



(3) No act or proceedings of the Board shall be invalid by reasons only of the existence of a vacancy in, or any defect in the constitution of the Board.


12. Powers and functions of the Board.      The  Board  shall  exercise  the  powers  and  perform  the functions as follows:-



(1) to hold, control and administer the property , funds and resources of the Institute and raise funds for the purpose of the Institute upon such security as may required under regulations;

(2) to undertake responsibility for the financial viability of the Institute            including     responsibility     for     ensuring effectiveness of its operations, their continuity and preservation of the autonomy of the Institute;

(3) to consider and pass annual report, plan of work, statement of accounts and annual budget estimates of the Institute;

(4) to formulate or approve the principles, policies and plans governing the activities and operations of the Institute so as to facilitate research, teaching and other academic work;

(5) to make statutes and approve regulations and rules;

(6) to have prepared and revised from time to time rules and regulations for the efficient and effective operation of the Institute;

(7) to create a component of the Institute, faculties, departments and institutes and to constitute such standing committees or sub-committees, and other administrative or academic advisory bodies  at it deems necessary, and review their work;

(8) to call for and consider reports relating to the activities of the Institute and the execution of the plans of work and to direct the Director to furnish information relating to any matter specified by the Board;

(9) to create such academic and administrative posts as it may


deem  necessary  and  to  approve  appointment  to  such posts;

(10) to prescribe the terms and conditions and duties of teachers and other employees;

(11) to take all such initiatives as it may consider necessary for  the   efficient   an effective   management   and functioning of the Institute;

(12) to delegate its powers to an authority or officer including the Director or a Committee; and

(13) to appoint teachers and other employees on the recommendations of the Selection Board.


13.Meetings of the Board      (1) The Board shall meet at least twice a year on the dates to be fixed by the Director, with the approval of the Chairperson, provided that a special meeting may be called at any time by the Chairperson on the request by not less than five members  of the Board to consider any matter of urgent nature.



(2) In case of a special meeting not less than ten clear days notice shall be given to the members of the Board and the agenda of the meeting shall be restricted to the matter for which the special meeting is called.

(3) The quorum for a meeting of the Board shall be one half of its members, a fraction being counted as one.



(4) The decisions of the Board shall be expressed in terms of the views of the majority and voting of the members present and if the members are equally divided, the chairperson shall have the power to exercise a casting vote.


14 Chairperson       (1) The Chairperson shall be appointed by the Patron from a panel recommended by the Trust on such terms and conditions as the Patron may determine.



(2) The Chairperson in the absence of the Patron shall preside over the convocation.

(3) If the Chairperson is satisfied that the proceedings of any Authority or orders of any officer, are not in accordance with the provisions of this Act, the statutes, the regulations, or the rules, he may, after calling upon such Authority or officer to show cause why such proceedings


should not be annulled, and by order in writing, annul such proceedings and orders.

(4) The Chairperson may remove any person from the membership of any Authority if such person-

(a) has become of un sound mind; or

(b)  has  been  incapacitated  to  function  as  member  of  such authority; or

(c) has been convicted by court of law for an offence involving moral turpitude or has been found indulging in any activity against the interest of the Institute



(5) Should the Chairperson, be incapacitated from acting as such due to absence or any other cause, the Director or nominee of the Chairperson shall act for him.


15. Terms and conditions of appointment of Director.      (1) The Director who shall be an eminent scholar of national or international repute and an educationist of distinction shall be appointed by the Chairperson with the approval of the Board for a period of four years on such terms and conditions as may be determined by the Board.



(2)   The   Directo shall   be   th Chief   Academic   and Administrative officer of the Institute and shall be responsible for the implementation of the decisions of the Board and for the execution of the Programmes of the Institute in accordance with the guidelines and policies formulated by the Board.

(3) The Director shall also have powers-

(a) to submit plans of work and budget estimates of the Institute to   the   Board   for   consideration   and approval;

(b) to regulate the activities connected with the execution of Programmes for instruction, training, research and services to the community;

(c) to incur expenditure provided for in the approved budget and to-re-appropriate funds within the same major  head  of  expenditure  and  report  it  to  the Board in its next meeting;



(d)  to  sanction  and  re  appropriate  an  amount  not


exceeding one lac rupees for an unforeseen item not provided for in the budget , and report it to the Board in the next meeting;

(e) to appoint on the recommendations of the Selection Board and with the approval of the Board, teachers, officers, , and members of the staff  of the Institute and such other persons of highest caliber and persons of moral qualities as may be necessary in accordance   with   the   policies   and   procedure approved by the Board;

(f) to submit to the Board in accordance with the rules of procedures , reports on the activities of the Institute and the execution of the plans of work;

(g) to create temporary posts for a period not exceeding six months; and

(h) to undertake any work assigned by the Board.


16 Academic and administrative Staff       The academic and administrative staff of the Institute shall be selected with a view to achieving its stated objectives and the basic criteria for their selection shall be the highest standards of competence, integrity and efficiency:



Provided that in the case of academic staff, academic qualification and fringe benefits shall not be less than those approved or laid down by the commission for such appointments.


17  Institute fund, audit and accounts     (1) The institute shall have a Fund to which shall be credited income from fees, donations, trusts, bequests, endowments, grants, contribution and any other source.

(2) No contribution, donation or grant which, may directly or indirectly involve any immediate or subsequent financial liability of the institute or which involve an activity not included  in  its  programs  for  the  time  being  shall  be accepted without the prior approval of the Board.

(3) The accounts of the Institute shall be maintained in such form and in such manner as may be prescribed by rules.

(4) The accounts of the institute shall be audited each year within four months of the closing of financial year of the Institute by a Chartered Accountant appointed by the Board.
(5)  The  accounts,  together  with  the  report  of  the  auditor,



thereon, shall be submitted to the Board for approval.



(6) The auditor’s report shall certify that the auditor has complied with the standards of audit and certification laid down by the Institute of Chartered Accountant of Pakistan.



18 The Academic Council      (1) There shall be an Academic Council consisting of-                

(a) The Director who shall be its Chairperson; (b) all the Deans;
(c) all the Heads of the Teaching Departments;

(d) all the Professors and Associate Professors of the
Institute;

(e) a nominee of Education Department not below the rank of a Deputy Secretary;

(f) Executive District Officer (Education);
(g) Executive District Officer (Technical) concerned; (h) two Assistant Professors and two Lecturers to be
nominated by the Board;

(i) three persons of eminence in arts, science and the professions one from each category to be nominated by the Board;

(j) Advisor, (Academics) of the Commission, or his nominee; and

(k) the Registrar who shall act as its Secretary.

(2) Members appointed by nomination shall hold office for a period of three years.

(3) The quorum for a meeting of the Academic Council shall be one third of the total number of members, a fraction being counted as one.


19 Powers and duties of Academic Council       (1) The Academic Council shall be the academic body of the Institute and shall, subject to the provisions of this Act and the statutes, have the powers to lay down proper standards of instructions, research, publications and examinations, and to regulate and promote the academic


life of the Institute.

(2)  Without  prejudice  to  the  generality  of  the  foregoing powers, the Academic Council shall have the powers to-

(a) advise the Board on academic matters;

(b) regulate the conduct of teaching, research, publication and examination;

(c) regulate the admission of the students to the courses of studies and examinations in the Institute;

(d) regulate the conduct and discipline of the students of the Institute;

(e) propose to the Board Scheme for the constitution and organization of the Faculties and Teaching Departments;

(f) consider and formulate proposals, for the planning and development of teaching and research in the Institute;

(g) prescribe the course of studies, the syllabi and the outlines of tests for all examination, with the approval of the Board;

(h) recognize the examinations of other University or examining bodies as equivalent to corresponding examination of the Institute;

(i) regulate the award of scholarships, exhibitions, medals, and prizes;
(j) frame regulations with the approval of the Board; (k)  appoint  or  nominate  members  to  the  various
Authorities in accordance with provisions of this
Act; and

(l) perform such other functions as may be prescribed by the statutes.


20 Constitution, functions and powers of other Authorities       The constitution, functions and the 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.





21       The Authorities may with the approval of the Board, make   Rules


rule consistent with this Act, statutes and the regulations.


22.
The Academic Council, and other Authorities may from time to time appoint such standing , special or advisory committee
Appointment of Committees by the Authorities.

as they may deem fit and may nominate such persons on the


committees who are not member of the authority appointing


the committees.


23

(1)  The  Institute  shall  work  within  the  framework  of  the
Education Policy and other law or policy framed by the

General Provisions.
Government or the Commission from time to time.


(2) The academic qualifications, salaries and fringe benefits of the academic staff shall not be less than those admissible to such staff in the public Universities in the Province.

(3) Annual Monitoring charges as fixed by Government from time to time  shall be paid by the Institute to Government through a pay order in the name of the Secretary Education Government of Sindh.

24
If any question arises as to the interpretation of any of the provisions  of  the  Act  it shall be  placed  before  the  Patron
Interpretation.

whose decision thereon shall be final.


25

If any difficulty arises in giving effect to any of the provisions of  this  Act,  the  Chairperson  may  make  such  order,  not

Removal of difficulties.

inconsistent with the provisions of this Act as may appear to


him to be necessary for removing the difficulty.


26

Notwithstanding anything to the contrary contained in this
Act,  the  First  statutes  shall  be  deemed  to  be  the  statutes

First Statutes

framed under this Act and shall continue to remain in force


until  amended  repealed  or  new  statutes  are  framed  in


accordance with provisions of this Act.



The First Statutes


(See section 26)


1

The Institute shall include the following faculties and such other faculties as may be prescribed:-

The Faculties
(1) Faculty of Business Administration;

(2) Faculty of Information and Technology; and

(3) Faculty of Education.

2         (1)  There  shall  be  a  Board  of  each  Faculty  which  shall   Board of Faculty


consists of-
(a) the Dean of the Faculty;

(b)  the  Professors  and  the  Head  of  the  Teaching
Departments;

(c) one member other than Professor and Head of Teaching Department to be nominated by the Head;

(d) two teachers to be nominated by the Academic Council by reason of their specialized knowledge of the subjects which , though not assigned to the faculty, but has in the opinion of the Academic Council, important, bearing on the subjects assigned to the Faculty;

(e) two experts in the relevant field from outside the
Institute to be appointed by the Board; and

(f) one member to be nominated by the Director.

(2) The members other than ex-officio members shall hold office for a period of three years.

(3) The quorum for a meeting of the Board of Faculty shall be one-half of the total number of the members, a fraction being counted as one.


3  Functions othe Board of Faculty        The Board of Faculty shall, subject to the general control of the Academic Council and the Board have the powers to-

(a) co-ordinate the teaching and research work in the subjects assigned to the Faculty;

(b) scrutinize the recommendations of the Board of the Studies comprising the Faculty with regard to the appointment of paper-setters, and examiners for graduate and Post graduate examinations and to forward the panels of suitable paper-setters and examiners for each examination to the Director;

(c) consider any other academic matter relating to the Faculty and report there-on to the Academic Council;
(d) prepare a comprehensive annual report regarding the performance of each department, comprising the faculty for presentation to the Academic Council; and


(e) perform such other functions as may be prescribed by the statutes.


4  The Dean of Faculty.       (1) There shall be a Dean of each faculty who shall be the
Chairperson and convener of the Board of Faculty.



(2) The Dean shall be appointed by the Board from amongst the three most senior Professors of the faculty on the recommendation of the Director and shall hold office for a period of three years and shall be eligible for re- appointment.

(3) The Dean shall have such powers and duties as may be prescribed by the Board on the recommendations of the Director.


5  Teaching Departments and Heads of Department        (1) There shall be Teaching Department for each subject or a group of subject, as ay be prescribed by the Regulations and shall be headed by a Head of Department.



(2) The head of Teaching Department shall be appointed by the Board, on the recommendations of the Director, from amongst the three senior most Professors or Associate Professors other than Professors already working as Deans for a period of three years and shall be eligible for re- appointment.

Provided that when in a Department there is no Professor or Associate Professor, no such appointment shall be made and the department shall be looked after by the Dean with the assistance of the senior most teacher of the Department.

(3) The Head of the Department shall-

(a) plan, organize and supervise the work of the department and shall be responsible to the Dean for the work of his Department;

(b)  under  the  general  supervision  of  the  Director  and  the Dean, shall exercise all administrative, financial and academic powers and such other duties or powers as may be delegated to him; and

(c) prepare a comprehensive annual report on the performance of the Department at graduate and post-graduate levels, and faculty research and development and submit it to the Dean of the Faculty for evaluation.

6         Board of Advanced Studies and Research
                   (1) The Board of Advanced Studies and research shall consis 

of-                                                                                                   

(a) the Director as its Chairperson; (b) all Deans;
(c)    one   Professor   from   each   faculty   having experience in research in relevant field to be appointed by the Academic Council;

(d) one Professor from each faculty other than the
Dean to be appointed by the Board;

(e) one member to be nominated by the Director;

(f) three members from the relevant field from the Research                    Organizations     and     Government Departments, to be nominated by the Board; and

(g) the Registrar, who shall act as its Secretary.

(2) The term of office of members of the Board of Advance Studies and Research, other than Ex-Officio members, shall be for a period of three years.

(3)  The  quorum  for  a  meeting  of  the  Board  of  Advance Studies  and  Research  shall  be  one-half  of  the  total number of members, a fraction being counted as one.


Functions of Board of Advanced Studies and Research         The functions of the Board of Advanced Studies and Research shall be to-



(a) advise the Authorities on all matters connected with the promotion of advanced studies, research and publications in the Institute;

(b) consider and report to the authorities on the institution of research degrees in the Institute;

(c)  propose  regulations  regarding  the  award  of  research degree;

(d) appoint supervisors for post graduate research students and to approve titles and synopsis of their thesis or dissertations;

(e) recommend panels of names of examiners for evaluation of their thesis and other research examinations; and


(f) perform such other functions as may be prescribed by the statutes

8  Selection Board       (1) There shall be a Selection Board consisting of -                      



(a) the Director, who shall be the Chairperson; (b) the Dean of the concerned Faculty;
(c) the Head of the concerned Teaching Department;



(d) one member of the Board to be nominated by the
Board;

(e)  one  eminent  scholar  to  be  nominated  by  the
Board; and

(f) one subject expert to be nominated by the Board.



(2)  The  Registrar  shall  be  the  Secretary  of  the  Selection
Board.

(3) The members other than ex-officio members shall hold office for a period of three years.



(4) the quorum for a meeting of the Selection Board shall be four.

(5) No member who is a candidate for the posts to which appointment is to be made shall take part in the proceedings of the Selection Board.

(6) 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 Director from a standing list of experts to be revised from time to time for each subject approved by the Board on recommendations of the Selection Board.


9  Functions of the Selection Board        (1) The Selection Board, for teaching staff and other officers and         officials,   shall   consider   the   applications   and recommend   to   the   Board   the   names   of   suitable candidates  for  appointment  and  recommend  suitable salary for the person concerned-




(2) The Selection Board, shall consider all cases of promotion or selection of officers of the Institute and recommend the names of suitable candidates for such promotion or selection to the Board.



(3) In the event of an unresolved difference of opinion between the Selection Board and the Board the decision of the Board shall be final.




10 The Finance and Planning Committee       (1) There shall be Finance and Planning Committee consisting of-

(a) the Director who shall be the Chairperson; (b) all the Deans;

(c)  One member of the Board to be nominated by the
Board;

(d) One nominee of the commission;



(e) One member of the Academic Council to be nominated by the Academic Council;



(f)    One    representative    each    from    Education Department and Finance Department not below the rank of Deputy Secretary; and

(g) the treasurer, who shall act as Secretary.



(2) The term of office of the nominated members shall be for a period of three years.



(3) The quorum for a meeting of the Finance and Planning
Committee shall be five members.


11     The Functions of Finance and Planning Committee  
  The functions of Finance and Planning Committee shall be to-    



(a) prepare the annual statement of accounts, propose annual budget  and advise the Board thereon;



(b) review periodically the Financial Position of the
Institute;

(c) advise the Board on all matters relating to finance, investment and accounts of the Institute; and



(d)   perform   such   other   functions   as   may   be prescribed under the statutes.
----------------------------------






BY ORDER OF THE SPEAKER PROVINCIAL ASSEMBLY OF SINDH



HADI BUX BURIRO SECRETARY

PROVINCIAL ASSEMBLY OF SINDH

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