The
University of Science and Technology (Amendment) Bannu Act, 2006.
an
act
to amend the University of Science and Technology Bannu Act, 2005.
an
act
to amend the University of Science and Technology Bannu Act, 2005.
WHEREAS it is expedient to amend the
University of Science and Technology Bannu Act, 2005 (N.-W.F.P. Act No. XIII of
2005), for the purposes hereinafter appearing;
It is hereby enacted as follows:
It is hereby enacted as follows:
1. Short title and commencement.—(1) This Act may be called the University of Science and Technology Bannu (Amendment) Act, 2006.
(2) It shall come into force at once.
2. Amendment of section 2 of N.-W.F.P. Act No. XIII of 2005.— In the University of Science and Technology Bannu Act, 2005 (N.-W.F.P. Act No. XIII of 2005), hereinafter referred to as the said Act, in section 2,-
(i) after clause (f), the following new clause shall be inserted, namely:
“(fa) “Commission” means the Higher Education Commission set up by the Higher Education Commission Ordinance, 2002 (LIII of 2002);";
(ii) after clause (h), the following new clauses shall be inserted, namely:
"(ha) "Department" means a teaching department maintained and administered, or recognized by the University in the manner prescribed;
(hb) "Director" means the head of an institute established as a constituent institution by the University by Statutes or Regulations in terms of the powers delegated by this Act;";
(iii) for clause (i), the following shall be substituted, namely:
"(i) "Faculty" means an administrative and academic unit of the University consisting of one or more Departments, as prescribed;";
(iv) for clause (m), the following shall be substituted, namely:
"(m) "prescribed" means prescribed by Statutes, Regulations or Rules made under this Act;";
(v) after clause (m), as so substituted, the following new clause shall be inserted, namely:
“(ma) “Pro-Chancellor” means Pro-Chancellor of the University;";
(vi) in clause (p), the words "or deemed to have been made" shall be deleted;
(vii) after clause (p), as so amended, the following new clauses shall be inserted, namely:
“(pa) “Representation Committee” means a Representation Committee constituted under section 25A;
(pb) “Review Panel” means the Review Panel set up by the Chancellor in accordance with the provisions contained in clause (a) of sub-section (6) of section 9;
(pc) “Search Committee" means the Search Committee set up by the Chancellor under sub-section (2) of section 12;"; and
(viii) after clause (r), the following new clause shall be inserted, namely:
"(ra) “Senate” means the Senate of the University.”.
3. Amendment of section 3 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, in section 3,-
- in sub-section (2), in clause (i), after the word and
comma "Chancellor,", the words and comma
"Pro-Chancellor," and after the words and comma “Vice
Chancellor,”, the words and comma "the members of the Senate,",
shall respectively be inserted;
- for sub-section (3), the following shall be
substituted, namely:
"(3)
The University shall be a body corporate by the name of University of Science
and Technology Bannu having perpetual succession and a common seal and may, by
the said name, sue and be sued.";
(c) after sub-section (3), as so substituted, the following new sub-sections shall be added, namely:
"(4) The University shall be competent to acquire and hold property, both movable and immovable, and to lease, sell or otherwise transfer any movable or immovable property which may have become vested in or been acquired by it.
(5) Notwithstanding anything contained in any other law for the time being in force, the University shall have academic, financial and administrative autonomy, including the powers 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 (LIII of 2002). In particular, and without prejudice to the authority granted to the Commission by the law, Government or an authority or auditor appointed by 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.".
4. Amendment of section 5 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, the existing section 5 shall be re-numbered as sub-section (1) of section 5, and after sub-section (1) as so renumbered, the following new sub-sections shall be added, namely:
"(2) An increase in any fee or charge that is in excess of ten per cent 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 on merit basis, to the extent considered feasible by the Senate subject to the resources available.".
5. Substitution of section 6 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 6, the following shall be substituted, namely:
"6. Powers of the University.—The University shall have the following powers, namely:
(c) after sub-section (3), as so substituted, the following new sub-sections shall be added, namely:
"(4) The University shall be competent to acquire and hold property, both movable and immovable, and to lease, sell or otherwise transfer any movable or immovable property which may have become vested in or been acquired by it.
(5) Notwithstanding anything contained in any other law for the time being in force, the University shall have academic, financial and administrative autonomy, including the powers 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 (LIII of 2002). In particular, and without prejudice to the authority granted to the Commission by the law, Government or an authority or auditor appointed by 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.".
4. Amendment of section 5 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, the existing section 5 shall be re-numbered as sub-section (1) of section 5, and after sub-section (1) as so renumbered, the following new sub-sections shall be added, namely:
"(2) An increase in any fee or charge that is in excess of ten per cent 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 on merit basis, to the extent considered feasible by the Senate subject to the resources available.".
5. Substitution of section 6 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 6, the following shall be substituted, namely:
"6. Powers of the University.—The University shall have the following powers, namely:
- 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;
- to prescribe courses of studies to be conducted by it
and the colleges;
- 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;
- to engage, where necessary, persons on contracts of
specified duration and to specify the terms of each engagement;
- to confer honorary degrees or other distinctions on
approved persons in the manner prescribed;
- 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;
- 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 counselling 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 on independent research under prescribed conditions;
(xiv) to affiliate and disaffiliate educational institutions under prescribed conditions;
(xv) to inspect colleges and other educational institutions affiliated or seeking affiliation with it;
(xvi) to accept the examinations passed and the period of study spent by students of the University at other universities and places of learning equivalent to such examinations and period of study in the University, as it may prescribe, and to withdraw such acceptance;
(xvii) to co-operate with other universities, public authorities or private organizations, inside as well as outside Pakistan, in such manner and for such purposes as it may prescribe;
(xviii) to institute Professorships, Associate Professorships, Assistant Professorships and Lectureships and any other posts and to appoint persons thereto;
(xix) to create posts for research, extension, administration and other related purposes and to appoint persons thereto;
(xx) to recognize selected members of the teaching staff of affiliated colleges or educational institutions admitted to the privileges of the University or such other persons as it may deem fit, as University teachers;
(xxi) to institute and award financial assistance to students in need, fellowships, scholarships, bursaries, medals and prizes under prescribed conditions;
(xxii) to establish teaching departments, schools, colleges, faculties, institutes, museums and other centers of learning for the development of teaching and research and to make such arrangements for their maintenance, management and administration as it may prescribe;
(xxiii) to provide for the residence of the students of the University and the colleges, to institute and maintain halls of residence and to approve or license hostels and lodging;
(xxiv) to maintain order, discipline and security on the campuses of the University and the colleges;
(xxv) to promote the extra curricular and recreational activities of such students, and to make arrangements for promoting their health and general welfare;
(xxvi) to demand and receive such fees and other charges as it may determine;
(xxvii) to make provision for research, advisory or consultancy services and with these objects to enter into arrangements with other institutions, public or private bodies, commercial and industrial enterprises under prescribed conditions;
(xxviii) to enter into, carry out, vary or cancel contracts;
(xxix) to receive and manage property transferred and grants, contributions made to the University and to invest any fund representing such property, grants, bequests, trusts, gifts, donations, endowments or contributions in such manner as it may deem fit;
(xxx) to provide for the printing and publication of research and other works; and
(xxxi) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite or expedient in order to further the objectives of the University as a place of education learning, and research.".
6. Amendment of section 7 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, in section 7, after sub-section (5), the following new sub-section shall be added, namely:
"(6) The degree, diploma or certificate at the University shall only be granted to a student after he has fulfilled the prescribed requirements for the said degree, diploma or certificate.".
7. Amendment of section 8 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 8, the following shall be substituted, namely:
"8. Officers of the University.—The following shall be the Officers of the University, namely:
(i) the Chancellor;
(ii) the Pro-Chancellor;
(iii) the Vice Chancellor;
(iv) the Deans;
(v) the Directors;
(vi) the Principals of the constituent colleges;
(vii) the Chairpersons of Teaching Departments;
(viii) the Registrar;
(ix) the Treasurer;
(x) the Controller of Examinations;
(xi) the Librarian; and
(xii) such other persons as may be prescribed by the Statutes or Regulations to be the principal officers of the University.".
8. Substitution of section 9 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 9, the following shall be substituted, namely:
"9. Chancellor and Pro-Chancellor.—(1) The Governor of the North-West Frontier Province shall be the Chancellor of the University and the Chairperson of the Senate.
(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 on independent research under prescribed conditions;
(xiv) to affiliate and disaffiliate educational institutions under prescribed conditions;
(xv) to inspect colleges and other educational institutions affiliated or seeking affiliation with it;
(xvi) to accept the examinations passed and the period of study spent by students of the University at other universities and places of learning equivalent to such examinations and period of study in the University, as it may prescribe, and to withdraw such acceptance;
(xvii) to co-operate with other universities, public authorities or private organizations, inside as well as outside Pakistan, in such manner and for such purposes as it may prescribe;
(xviii) to institute Professorships, Associate Professorships, Assistant Professorships and Lectureships and any other posts and to appoint persons thereto;
(xix) to create posts for research, extension, administration and other related purposes and to appoint persons thereto;
(xx) to recognize selected members of the teaching staff of affiliated colleges or educational institutions admitted to the privileges of the University or such other persons as it may deem fit, as University teachers;
(xxi) to institute and award financial assistance to students in need, fellowships, scholarships, bursaries, medals and prizes under prescribed conditions;
(xxii) to establish teaching departments, schools, colleges, faculties, institutes, museums and other centers of learning for the development of teaching and research and to make such arrangements for their maintenance, management and administration as it may prescribe;
(xxiii) to provide for the residence of the students of the University and the colleges, to institute and maintain halls of residence and to approve or license hostels and lodging;
(xxiv) to maintain order, discipline and security on the campuses of the University and the colleges;
(xxv) to promote the extra curricular and recreational activities of such students, and to make arrangements for promoting their health and general welfare;
(xxvi) to demand and receive such fees and other charges as it may determine;
(xxvii) to make provision for research, advisory or consultancy services and with these objects to enter into arrangements with other institutions, public or private bodies, commercial and industrial enterprises under prescribed conditions;
(xxviii) to enter into, carry out, vary or cancel contracts;
(xxix) to receive and manage property transferred and grants, contributions made to the University and to invest any fund representing such property, grants, bequests, trusts, gifts, donations, endowments or contributions in such manner as it may deem fit;
(xxx) to provide for the printing and publication of research and other works; and
(xxxi) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite or expedient in order to further the objectives of the University as a place of education learning, and research.".
6. Amendment of section 7 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, in section 7, after sub-section (5), the following new sub-section shall be added, namely:
"(6) The degree, diploma or certificate at the University shall only be granted to a student after he has fulfilled the prescribed requirements for the said degree, diploma or certificate.".
7. Amendment of section 8 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 8, the following shall be substituted, namely:
"8. Officers of the University.—The following shall be the Officers of the University, namely:
(i) the Chancellor;
(ii) the Pro-Chancellor;
(iii) the Vice Chancellor;
(iv) the Deans;
(v) the Directors;
(vi) the Principals of the constituent colleges;
(vii) the Chairpersons of Teaching Departments;
(viii) the Registrar;
(ix) the Treasurer;
(x) the Controller of Examinations;
(xi) the Librarian; and
(xii) such other persons as may be prescribed by the Statutes or Regulations to be the principal officers of the University.".
8. Substitution of section 9 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 9, the following shall be substituted, namely:
"9. Chancellor and Pro-Chancellor.—(1) The Governor of the North-West Frontier Province shall be the Chancellor of the University and the Chairperson of the Senate.
- The Chancellor shall, when present, preside at the
meetings of the Senate and the Convocation of the University.
- The Minister for Education, Government of the
North-West Frontier Province, shall be the Pro-Chancellor of the
University and shall aid and advise the Chancellor in such manner as may
be required by the Chancellor. The Pro-Chancellor shall, in the absence of
the Chancellor, preside at the Convocation of the University.
- 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 this Act
and the Statutes, as the case may be.
- Every proposal to confer an honorary degree shall be
subject to confirmation by the Chancellor.
- If the Chancellor is satisfied that a serious
irregularity or mismanagement with respect to the affairs of the
University has occurred, he may,-
- as regards proceedings and decisions of the Senate,
direct that specific decisions be reconsidered and appropriate action
taken within one month of the directive 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 25;
(7) The Chancellor shall have the powers to assent to such Statutes as are required to be submitted to him by the Senate or withhold assent or refer them back for reconsideration.".
9. Insertion of new section 9A to N.-W.F.P. Act No. XIII of 2005.—In the said Act, after section 9, the following new section shall be inserted, namely:
"9A. Removal from the Senate.— (1) The Chancellor may, upon the recommendation of the Review Panel, remove any person from the membership of the Senate on the ground that such person-
(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 25;
(7) The Chancellor shall have the powers to assent to such Statutes as are required to be submitted to him by the Senate or withhold assent or refer them back for reconsideration.".
9. Insertion of new section 9A to N.-W.F.P. Act No. XIII of 2005.—In the said Act, after section 9, the following new section shall be inserted, namely:
"9A. Removal from the Senate.— (1) The Chancellor may, upon the recommendation of the Review Panel, remove any person from the membership of the Senate on the ground that such person-
- has become of unsound mind; or
- has become incapacitated to function as member of the
Senate; or
- has been convicted by a court of law for an offence
involving moral turpitude; or
- has absented himself from two consecutive meetings
without just cause; or
- 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-fourth of the membership of the Senate:
Provided that before passing such resolution the Senate shall provide the member concerned a fair hearing."
Provided that before passing such resolution the Senate shall provide the member concerned a fair hearing."
- Omission of section 10 of N.-W.F.P. Act No. XIII of
2005.—In the said Act, section 10
shall be omitted.
- Substitution of section 11 of N.-W.F.P. Act No. XIII of
2005.—In the said Act, for section 11, the following shall
be substituted, namely:
"11. Vice Chancellor.—(1)
There shall be a Vice-Chancellor of the University who shall be an eminent
academic or a distinguished administrator and shall be appointed oh such terms
and conditions as may be prescribed.
- 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 this
Act, Statutes, 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.
- The Vice Chancellor shall, if present, be entitled to
attend any meeting of any Authority or body of the University.
- 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 Statute. The Emergency Committee may direct
such further action as is considered appropriate.
- The Vice- Chancellor shall also have the powers 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;
- 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;
- create and fill temporary posts for a period not exceeding
one year;
- make appointments of such categories of employees of
the University and in such manner as may be prescribed by the Statutes;
- 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;
- delegate, subject to such conditions as may be
prescribed, any of his powers under this Act to an officer or officers of
the University; and
- to exercise and perform such other powers and functions
as may be prescribed.
- The Vice- Chancellor shall preside at the convocation
of the University in the absence of the Chancellor and the Pro-Chnncellor.
(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 present
such information as regards the academic year under review as may be
prescribed, including disclosure of the relevant facts pertaining to:
- academics;
- research;
- administration; and
- 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.".
12. Substitution of section 12 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 12, the following shall be substituted, namely:
"12. Appointment and removal of the Vice-Chancellor.—(1) The Vice- Chancellor shall be appointed by the Chancellor from a panel of three candidates proposed by the Senate on the recommendation of the Search Committee.
(2) A Search Committee for the recommendation of persons suitable for appointment as Vice-Chancellor shall be constituted by the Chancellor on the date and in the manner prescribed by the Statutes and shall consist of-
(a) two eminent members of the Society, of whom one shall be appointed as Convener;
(b) two members of the Senate;
12. Substitution of section 12 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 12, the following shall be substituted, namely:
"12. Appointment and removal of the Vice-Chancellor.—(1) The Vice- Chancellor shall be appointed by the Chancellor from a panel of three candidates proposed by the Senate on the recommendation of the Search Committee.
(2) A Search Committee for the recommendation of persons suitable for appointment as Vice-Chancellor shall be constituted by the Chancellor on the date and in the manner prescribed by the Statutes and shall consist of-
(a) two eminent members of the Society, of whom one shall be appointed as Convener;
(b) two members of the Senate;
- one academic of eminence not employed by the
University;
- the Secretary to Government, Higher Education
Department; and
- two distinguished teachers of the University.
- The members mentioned at clauses (a), (b) and (c) of
sub-section (2) shall be nominated by the Chancellor while the two
distinguished teachers mentioned at clause (e) ibid shall be selected by
the Senate through a process to be prescribed by it that provides for
recommendation of suitable names by the University teachers in general.
- The Search Committee shall remain in existence till
such time as a new Vice-Chancellor is appointed by the Chancellor.
(5)
The Vice-Chancellor shall be appointed for a renewable tenure of four 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.
Provided that the Chancellor may call upon the Senate to reconsider such resolution once.
- 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.
- Where the Chancellor is of the view that the Vice
Chancellor should be removed, he 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-third of
its membership, recommend to the Chancellor the removal of the Vice- Chancellor:
Provided 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.
- A resolution recommending the removal of the
Vice-Chancellor shall be submitted to the Chancellor forthwith. The
Chancellor may accept the recommendation and order removal of the
Vice-Chancellor or return the recommendation to the Senate for
reconsideration.
- 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 Chancellor
may appoint the senior most officer of the University to officiate as Vice
Chancellor.".
3.
Substitution of section 13 of N.-W.F.P. Act No. XIII of 2005.—In the aid Act, for section 13, the
following shall be substituted, namely:
"13. 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.
"13. 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.
- The experience as well as the professional and academic
qualifications necessary for appointment to the post of the Registrar
shall be such as may be prescribed.
- The Registrar shall be full-time officer of the
University and shall-
- be the administrative head of the administration branch
of the University and be responsible for the provision of secretariat
support to the Authorities of the University;
- be the custodian of the common seal and the academic
records of the University;
- maintain a register of registered graduates in the
prescribed manner.
- supervise the process of election, appointment or
nomination of members to the various authorities and other bodies in the
prescribed manner;
- conduct elections of members to the various Authorities
in the prescribed manner;
- be the Secretary of the Senate, the Syndicate, the
Academic Council, Advanced Studies and Research Board, the Selection Board
and such other committees/bodies as may be prescribed; and
- perform such other duties as may be specified by the
Vice-Chancellor and other Authorities from time to time.
- The term of office of the Registrar shall be a
renewable period of 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.".
14. Substitution of section 14 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 14, the following shall be substituted, namely:
"14. 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.
14. Substitution of section 14 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 14, the following shall be substituted, namely:
"14. 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.
- The experience and the professional and academic
qualifications necessary for appointment to the post of the Treasurer
shall be such as may be prescribed.
- The Treasurer shall be the chief financial officer of
the University and shall-
- manage the assets, liabilities, receipts, expenditures,
funds and investments of the University;
- prepare the annual and revise 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;
- ensure that the funds of the University are expended on
the purposes for which they are provided;
- 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
- perform such other duties as may be prescribed.
(4)
The term of office of the Treasurer shall be of three years and may be renewed
from time to time:
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.".
15. Omission of sections 15, 16 and 17 of N.-W.F.P. Act No. XIII of 2005.--- In the said Act, sections 15, 16 and 17 shall be omitted.
16. Substitution of section 18 of N.-W.F.P. of Act No. XIII of 2005.—In the said Act, for section 18, the following shall be substituted, namely:
"18. 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:
Provided that till such time as the Senate under this Act is fully constituted, the appointment shall be made by the Chancellor on the recommendation of the Vice Chancellor.
(2) The minimum qualifications necessary for appointment to the post of the Controller of Examinations shall be such as may be prescribed.
15. Omission of sections 15, 16 and 17 of N.-W.F.P. Act No. XIII of 2005.--- In the said Act, sections 15, 16 and 17 shall be omitted.
16. Substitution of section 18 of N.-W.F.P. of Act No. XIII of 2005.—In the said Act, for section 18, the following shall be substituted, namely:
"18. 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:
Provided that till such time as the Senate under this Act is fully constituted, the appointment shall be made by the Chancellor on the recommendation of the Vice Chancellor.
(2) The minimum qualifications necessary for appointment to the post of the Controller of Examinations shall be such as may be prescribed.
- The Controller of Examinations shall be a full-time
officer of the University and shall be responsible for all matters
connected with the conduct of examinations and perform such other duties
as may be prescribed.
- The term of office of the Controller of Examinations
shall be three years and may be renewed from time to time:
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.".
- Amendment of section 19 of N.-W.F.P. Act No. XIII of
2005.—In the said Act, in section
19, in sub-section (1), for the word "Syndicate", the word
"Senate" shall be substituted.
- Substitution of section 21 of N.-W.F.P. Act No. XIII of
2005.— In the said Act, for section
21, the following shall be substituted, namely:
"21. 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) Graduate and Research Management Council;
(ii) Recruitment, Development, Evaluation and Promotion Committees for teachers and other staff whether at the level of the department, the Faculty or the University;
(iii) Career Placement and Internship Committee of each Faculty;
(iv) Search Committee for the appointment of the Vice-Chancellor.
(v) the Representation Committees for the purposes of section 25 A;
(vi) Faculty Council;
(vii) Departmental Council;
(viii) the committees or sub-committees set up under sub-section (2); and
(ix) such other Authorities as may be prescribed.
(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 and appropriate through Statutes or Regulations.".
19. Insertion of new sections to N.-W.F.P. Act No. XIII of 2005.—In the said Act, after section 21, the following new sections shall be inserted, namely:
20. Amendment of section 22 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, in section 22,-
(a) for sub-section (1), the following shall be substituted, namely:
"(1) The Syndicate shall consist of-
(a) the Vice Chancellor, who shall be its Chairperson;
(b) one member of the Provincial Assembly nominated by the Speaker of the Assembly;
(c) the Deans of the Faculties of the University;
(d) two principals (one each from public and private sectors) of affiliated colleges to be nominated by the Chancellor from a penal recommended by the Higher Education Department of Government;
(e) one Professor, one Associate Professor, one Assistant Professor and one Lecturer of the University, who are not members of the Senate, to be elected by the University Teachers in accordance with the procedure to be prescribed by the Senate;
(f) principals of the constituent colleges;
(g) three persons of eminence to be nominated by the Chancellor;
(h) the Registrar;
(i) the Treasurer; and
(j) the Controller of Examinations; and
(b) in sub-section (3), for the words "one-third", the words "two-third" shall be substituted.".
21. Substitution of section 23 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 23, the following shall be substituted, namely:
"23. Powers and duties of the Syndicate.—(1) The Syndicate shall be the executive body of the University and shall, subject to the provisions of this Act and 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 this Act, the Statutes and direction of the Senate, the Syndicate shall have the powers to:
(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) Graduate and Research Management Council;
(ii) Recruitment, Development, Evaluation and Promotion Committees for teachers and other staff whether at the level of the department, the Faculty or the University;
(iii) Career Placement and Internship Committee of each Faculty;
(iv) Search Committee for the appointment of the Vice-Chancellor.
(v) the Representation Committees for the purposes of section 25 A;
(vi) Faculty Council;
(vii) Departmental Council;
(viii) the committees or sub-committees set up under sub-section (2); and
(ix) such other Authorities as may be prescribed.
(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 and appropriate through Statutes or Regulations.".
19. Insertion of new sections to N.-W.F.P. Act No. XIII of 2005.—In the said Act, after section 21, the following new sections shall be inserted, namely:
20. Amendment of section 22 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, in section 22,-
(a) for sub-section (1), the following shall be substituted, namely:
"(1) The Syndicate shall consist of-
(a) the Vice Chancellor, who shall be its Chairperson;
(b) one member of the Provincial Assembly nominated by the Speaker of the Assembly;
(c) the Deans of the Faculties of the University;
(d) two principals (one each from public and private sectors) of affiliated colleges to be nominated by the Chancellor from a penal recommended by the Higher Education Department of Government;
(e) one Professor, one Associate Professor, one Assistant Professor and one Lecturer of the University, who are not members of the Senate, to be elected by the University Teachers in accordance with the procedure to be prescribed by the Senate;
(f) principals of the constituent colleges;
(g) three persons of eminence to be nominated by the Chancellor;
(h) the Registrar;
(i) the Treasurer; and
(j) the Controller of Examinations; and
(b) in sub-section (3), for the words "one-third", the words "two-third" shall be substituted.".
21. Substitution of section 23 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 23, the following shall be substituted, namely:
"23. Powers and duties of the Syndicate.—(1) The Syndicate shall be the executive body of the University and shall, subject to the provisions of this Act and 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 this Act, the Statutes and direction of the Senate, the Syndicate shall have the powers to:
- consider the annual report, the annual and revised
budget estimates and to submit these to the Senate;
- transfer and accept transfer of movable property on
behalf of the University;
- enter into, vary, carry out and cancel contracts on
behalf of the University;
- 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;
- invest any money belonging to the University including
any unapplied income in any of the securities described 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;
- receive and manage any property transferred, and
grants, bequests, trust, gifts, donations, endowments, and other
contributions made, to the University;
- administer any funds placed at the disposal of the
University for specified purposes;
(h)
provide the buildings, libraries, premises, furniture, apparatus, equipment and
other means required for carrying out the affairs of the University;
(i) establish and maintain halls of residence and hostels or approve or license hostels or lodgings for the residence of students;
(j) recommend to the Senate affiliation or disaffiliation of colleges;
(k) arrange for the inspection of colleges and the Departments;
(l) institute Professorships, Associate Professorships, Assistant Professorships, Lecturerships, and other teaching posts or to suspend or abolish such posts;
(m) create, suspend or abolish such administrative or other posts as may be necessary;
(n) prescribe the duties of officers, teachers and other employees of the University;
(o) report to the Senate on matters with respect to which it has been asked to report;
(p) appoint members to various Authorities in accordance with the provisions of this Act;
(q) propose drafts of Statutes for submission to the Senate;
(r) regulate the conduct and discipline of the students of the University;
(s) take actions necessary for the good administration of the University in general and to this end exercise such powers as are necessary;
(t) delegate any of its powers to any Authority or officer or a committee; and
(u) perform such other functions as have been assigned to it by the provisions of this Act or the Statutes made thereunder.".
22. Substitution of section 24 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 24, the following shall be substituted, namely:
"24. Academic Council.—(1) There shall be an Academic Council of the University consisting of the following:
(i) establish and maintain halls of residence and hostels or approve or license hostels or lodgings for the residence of students;
(j) recommend to the Senate affiliation or disaffiliation of colleges;
(k) arrange for the inspection of colleges and the Departments;
(l) institute Professorships, Associate Professorships, Assistant Professorships, Lecturerships, and other teaching posts or to suspend or abolish such posts;
(m) create, suspend or abolish such administrative or other posts as may be necessary;
(n) prescribe the duties of officers, teachers and other employees of the University;
(o) report to the Senate on matters with respect to which it has been asked to report;
(p) appoint members to various Authorities in accordance with the provisions of this Act;
(q) propose drafts of Statutes for submission to the Senate;
(r) regulate the conduct and discipline of the students of the University;
(s) take actions necessary for the good administration of the University in general and to this end exercise such powers as are necessary;
(t) delegate any of its powers to any Authority or officer or a committee; and
(u) perform such other functions as have been assigned to it by the provisions of this Act or the Statutes made thereunder.".
22. Substitution of section 24 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 24, the following shall be substituted, namely:
"24. Academic Council.—(1) There shall be an Academic Council of the University consisting of the following:
- the Vice Chancellor who shall be its Chairperson;
- the Deans of Faculties and such Heads of Departments as
may be prescribed;
- the Directors of Advance Studies, Research and
Technological Development;
- five members representing the Departments, institutes
and constituent colleges to be elected in the manner prescribed by the
Senate;
- two Principals of affiliated colleges, one each from
public and private affiliated colleges;
- five Professors including Emeritus Professors;
(g)
the Registrar;
(h) the Controller of Examinations; and
(i) 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 member 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 25A. Appointment of persons proposed by the Representation Committee may be made by the Senate on the recommendation of the Vice Chancellor.
(h) the Controller of Examinations; and
(i) 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 member 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 25A. Appointment of persons proposed by the Representation Committee may be made by the Senate on the recommendation of the Vice Chancellor.
- Members of the Academic Council shall hold office for
three years.
- The Academic Council shall meet at least once in six
months.
- The quorum for meetings of the Academic Council shall
be two-thirds of the total number of members, a fraction being counted as
one.".
23.
Substitution of section 25 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 25, the following shall be
substituted, namely:
"25. Powers and duties of the Academic Council.—(1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act and the Statutes, have the power to lay down proper standards of instruction, research and examinations and to regulate and promote the academic life of the University and the colleges.
(2) Without prejudice to the generality of the foregoing powers, and subject to the previsions of this Act and the Statutes, t he Academic Council shall have the powers to-
"25. Powers and duties of the Academic Council.—(1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act and the Statutes, have the power to lay down proper standards of instruction, research and examinations and to regulate and promote the academic life of the University and the colleges.
(2) Without prejudice to the generality of the foregoing powers, and subject to the previsions of this Act and the Statutes, t he Academic Council shall have the powers to-
- approve the policies and procedures pertaining to the
quality of academic programmes;
- approve academic programmes;
- approve the policies and procedures pertaining to
student related functions including admissions, expulsions,
punishments, examinations and certification;
- approve the policies and procedures assuring quality of
teaching and research;
(e)
recommend the policies and procedures for affiliation of other educational
institutions;
- propose to the Syndicate schemes for the constitution
and organization of Faculties, Teaching Departments and Boards of Studies;
- appoint paper setters and examiners for all
examinations of the University after receiving panels of names from the
relevant authorities;
(h) institute programmes for the
continued professional development of University Teachers at all levels;
(i) recognize the examinations of other universities or examining bodies as equivalent to the corresponding examinations of the University;
(j) regulate the award of studentships, scholarships, exhibitions, medals and prizes;
(k) propose, from to time, Regulations to the Senate on the recommendations of the Board of Faculties and the Board of Studies, prescribing the courses of studies, the syllabi and examinations:
Provided that if the recommendations of the Board of a Faculty or Board of Studies are not received by the prescribed date, the Academic Council may, subject to the approval of the Senate, permit the existing Regulations to continue for the following year;
(l) prepare an annual report on the academic performance of the University; and
(m) perform such functions as may be prescribed by Regulations.".
24. Insertion of section 25A to N.-W.F.P. Act No. XIII of 2005.— In the said Act, after section 25, the following new section shall be inserted, namely:
"25A. Representation Committee.— (1) There shall be a Representation Committee constituted by the Senate through Statute for recommendation of persons for appointment to the Senate, in accordance with the provisions of section 21 A.
(i) recognize the examinations of other universities or examining bodies as equivalent to the corresponding examinations of the University;
(j) regulate the award of studentships, scholarships, exhibitions, medals and prizes;
(k) propose, from to time, Regulations to the Senate on the recommendations of the Board of Faculties and the Board of Studies, prescribing the courses of studies, the syllabi and examinations:
Provided that if the recommendations of the Board of a Faculty or Board of Studies are not received by the prescribed date, the Academic Council may, subject to the approval of the Senate, permit the existing Regulations to continue for the following year;
(l) prepare an annual report on the academic performance of the University; and
(m) perform such functions as may be prescribed by Regulations.".
24. Insertion of section 25A to N.-W.F.P. Act No. XIII of 2005.— In the said Act, after section 25, the following new section shall be inserted, namely:
"25A. Representation Committee.— (1) There shall be a Representation Committee constituted by the Senate through Statute for recommendation of persons for appointment to the Senate, in accordance with the provisions of section 21 A.
- There shall also be a Representation Committee
constituted by the Senate through Statute for the recommendation of
persons for appointment to the Syndicate and the Academic Council in accordance
with the provisions of section 22 and 24.
- Members of the Representation Committee for the
purposes of sub-section (1) shall consist of the following:-
(a)
three members of the Senate who are not University Teachers;
- two persons nominated by the University Teachers from
amongst themselves in the manner prescribed;
- 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
- one eminent citizen with experience in administration,
philanthropy, development work, law or accountancy to be nominated by the
Senate.
(4)
Members of the Representation Committee for the purpose of sub-section (2)
shall consist of the following:
- two members of the Senate who are not University
Teachers;
- three persons nominated by the University Teachers from
amongst themselves in the manner prescribed;
- The tenure of the Representation Committees shall be
three years; provided that no member shall serve for more than two
consecutive terms.
- The working procedures of the Representation Committees
shall be such as may be prescribed.
- 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.".
25.
Substitution of section 27 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 27, the following shall be
substituted, namely:
“27. 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 Statutes or Regulations.”.
26. Substitution of section 28 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 28, the following shall be substituted, namely:
“28. Statutes.—(1) Subject to the provisions of this Act, Statutes may be made to regulate or prescribe all or any of the following matters, namely:-
“27. 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 Statutes or Regulations.”.
26. Substitution of section 28 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 28, the following shall be substituted, namely:
“28. Statutes.—(1) Subject to the provisions of this Act, Statutes may be made to regulate or prescribe all or any of the following matters, namely:-
- the contents of and the manner in which the annual
report to be presented by the Vice-Chancellor before the Senate shall be
prepared;
- the University fees and other charges;
- the constitution of any pension, insurance, gratuity,
provident fund and benevolent fund for University employees;
- the scales of pay and other terms and conditions of
service of officers, teachers and other University employees;
- the maintenance of the register of registered
graduates;
- affiliation and disaffiliation of educational
institutions and related matters;
- admission of educational institutions to the
privileges of the University and the withdrawal of such privileges;
(h)
the establishment of Faculties, Departments, institutes, colleges and other
academic divisions;
(i) the powers and duties of officers and teachers;
(j) conditions under which the University may enter into arrangements with other institutions or with public bodies for purposes of research and advisory services;
(k) conditions for appointment of Emeritus Professors and award of honorary degrees;
(l) efficiency and discipline of University employees;
(m) the constitution and procedure to be followed by Representation Committees in carrying out functions in terms of this Act;
(n) the constitution and procedure to be followed by the Search Committee for appointment of the Vice Chancellor;
(o) constitution, functions and powers of the Authorities of the University; and
(p) all other matters which by this Act are to be or may be prescribed or regulated by Statutes.
(2) The draft of Statutes shall be proposed by the Syndicate to the Senate which may approve or pass with such modifications as the Senate may think fit or may refer back to the Syndicate, as the case may be, for reconsideration of the proposed draft:
Provided that Statutes concerning any of the matters mentioned in clauses (a) and (1) 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 Statute with respect to any matter in its power or with respect to which a Statute may be framed in terms of this Act and approve such Statute after seeking the views of the Syndicate.".
27. Substitution of section 29 of N.-W.F.P. Act No. XIII of 2005.— In the said Act, for section 29, the following shall be substituted, namely:
"29. Regulations.—(1) Subject to the provisions of this Act and the Statues, the Academic Council may make Regulations for all or any of the following matters, namely:
(i) the powers and duties of officers and teachers;
(j) conditions under which the University may enter into arrangements with other institutions or with public bodies for purposes of research and advisory services;
(k) conditions for appointment of Emeritus Professors and award of honorary degrees;
(l) efficiency and discipline of University employees;
(m) the constitution and procedure to be followed by Representation Committees in carrying out functions in terms of this Act;
(n) the constitution and procedure to be followed by the Search Committee for appointment of the Vice Chancellor;
(o) constitution, functions and powers of the Authorities of the University; and
(p) all other matters which by this Act are to be or may be prescribed or regulated by Statutes.
(2) The draft of Statutes shall be proposed by the Syndicate to the Senate which may approve or pass with such modifications as the Senate may think fit or may refer back to the Syndicate, as the case may be, for reconsideration of the proposed draft:
Provided that Statutes concerning any of the matters mentioned in clauses (a) and (1) 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 Statute with respect to any matter in its power or with respect to which a Statute may be framed in terms of this Act and approve such Statute after seeking the views of the Syndicate.".
27. Substitution of section 29 of N.-W.F.P. Act No. XIII of 2005.— In the said Act, for section 29, the following shall be substituted, namely:
"29. Regulations.—(1) Subject to the provisions of this Act and the Statues, the Academic Council may make Regulations for all or any of the following matters, namely:
- the courses of study for degrees, diplomas and
certificates of the University;
- the manner in which the teaching referred to in
sub-section (1) of section 7 shall be organized and conducted;
- the admission and expulsion of students to and from
the University;
- the conditions under which students shall be admitted
to the courses and the examinations of the University and s hall become
eligible for the award of degrees, diplomas and certificates;
- the conduct of examinations;
- conditions under which a person may carry on
independent research to entitle him to a degree;
- 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 this Act or the Statutes made thereunder are to be or may be prescribed by Regulations.
(i) the formation of Faculties, Departments and Board of Studies; and
(j) all other matters which by this Act or the Statutes made thereunder are to be or may be prescribed by Regulations.
- 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.
A Regulation proposed by the Academic Council shall not be effective
unless it receives the approval of the Senate.
- Regulations regarding or incidental to matters
contained in sub-clauses (g) and (i) shall not be submitted to the Senate
without the prior approval of the Syndicate.”.
28.
Substitution of section 31 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 31, the following shall be
substituted, namely:
"31. Rules.—(1) The Authorities and the other bodies of the University may make rules, consistent with this Act, Statutes or the Regulations, to regulate any matter relating to the affairs of the University for which no detailed provisions have been provided in this Act or which 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.".
29. Substitution of section 38 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 38, the following shall be substituted, namely:
"38. Audits and accounts.— (1) The accounts of the University shall be maintained and audited in such form and in such manner as may be prescribed.
(2) The Teaching Departments and all other bodies designated as such b y the Syndicate in terms of Statutes shall be independent cost centres 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 colleges or other unit of the University through consultancy, research or other provision of service shall be credited to the University fund:
Provided that the Teaching Department, constituent colleges or other unit concerned may be allowed enhanced budget allocation equivalent to a part of the funds generated in accordance with prescribed terms and procedure.
"31. Rules.—(1) The Authorities and the other bodies of the University may make rules, consistent with this Act, Statutes or the Regulations, to regulate any matter relating to the affairs of the University for which no detailed provisions have been provided in this Act or which 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.".
29. Substitution of section 38 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, for section 38, the following shall be substituted, namely:
"38. Audits and accounts.— (1) The accounts of the University shall be maintained and audited in such form and in such manner as may be prescribed.
(2) The Teaching Departments and all other bodies designated as such b y the Syndicate in terms of Statutes shall be independent cost centres 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 colleges or other unit of the University through consultancy, research or other provision of service shall be credited to the University fund:
Provided that the Teaching Department, constituent colleges or other unit concerned may be allowed enhanced budget allocation equivalent to a part of the funds generated in accordance with prescribed terms and procedure.
- 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 Statutes and the
Treasurer h as verified that the payment is provided for in the approved
budget of the cost centre, subject to the authority to re-appropriate the
fund available to the head of the cost centre.
- Provision shall be made for an internal audit of the
finances of the University.
- 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
and signed by the Treasurer. The annual audited statement of
accounts so prepared shall be submitted to the Auditor General of Pakistan
for his observations.
(7)
The observations of the Auditor General of Pakistan, 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.".
30. Insertion of new sections to N.-W.F.P. Act No. XIII of 2005.—In the said Act, after section 38, the following new sections shall be inserted, namely:
"38A. 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.
38B. 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.
38C. 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 Pakistan for the purposes of any court or tribunal set up by law in terms of Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973:
Provided that any provision as regards the terms and conditions of employment of persons in the service of Pakistan in general or in comparable employment notwithstanding the service of persons employed by the University shall be entirely governed by the terms and conditions prescribed by the relevant Statutes.
(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.
38D. Benefits and insurance.—(1) The University shall constitute for the benefit of its officers, teachers and other employees schemes, as may be prescribed, for the provision of post-employment benefits as well as health and life insurance while in service.
(2) Where any provident fund has been constituted under this Act, the provisions of the Provident Fund Act, 1925 (XIX of 1925), shall apply to such funds as if it were the Government Provident Fund.".
30. Insertion of new sections to N.-W.F.P. Act No. XIII of 2005.—In the said Act, after section 38, the following new sections shall be inserted, namely:
"38A. 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.
38B. 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.
38C. 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 Pakistan for the purposes of any court or tribunal set up by law in terms of Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973:
Provided that any provision as regards the terms and conditions of employment of persons in the service of Pakistan in general or in comparable employment notwithstanding the service of persons employed by the University shall be entirely governed by the terms and conditions prescribed by the relevant Statutes.
(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.
38D. Benefits and insurance.—(1) The University shall constitute for the benefit of its officers, teachers and other employees schemes, as may be prescribed, for the provision of post-employment benefits as well as health and life insurance while in service.
(2) Where any provident fund has been constituted under this Act, the provisions of the Provident Fund Act, 1925 (XIX of 1925), shall apply to such funds as if it were the Government Provident Fund.".
- Omission of section 39 of N.-W.F.P. Act No. XIII of 2005.—In the said Act, section 39 shall be omitted.
- Amendment of section 40 of N.-W.F.P. Act No. XIII of
2005.—In the said Act, section 40 shall be re-numbered as
sub-section (1) of section 40 and thereafter the following new
sub-section shall be inserted, namely:
"(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.".
- Substitution of section 41 of N.-W.F.P. Act No. XIII
of 2005.—In the said Act, for section
41, the following shall be substituted, namely:
"41.
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.".
34. Insertion of new section 41A to N.-W.F.P. Act No. XIII of 2005.—In the said Act, after section 41, the following new section shall be inserted, namely:
"41A. 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 because 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.".
34. Insertion of new section 41A to N.-W.F.P. Act No. XIII of 2005.—In the said Act, after section 41, the following new section shall be inserted, namely:
"41A. 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 because 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.".
- Omission of section 42 of N.-W.F.P. Act No. XIII of
2005.—In the said Act, section 42
shall be omitted.
- Substitution of section 43 of N.-W.F.P. Act No. XIII
of 2005.—In the said Act, for section
43, the following shall be substituted, namely:
"43.
Proceedings of Authorities not invalidated by the vacancies.— No
act, resolution or decision of any Authority shall be invalid by reason of any
vacancy on 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.".
- Omission of section 44 of N.-W.F.P. Act No. XIII of
2005.—In the said Act, section 44
shall be omitted.
- Substitution of section 46 of N.-W.F.P. Act No. XIII
of 2005.—In the said Act, for section
46, the following shall be substituted, namely:
"46.
Removal of difficulties.— (1) If any question arises as to the
interpretation of any of the provisions of this 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 this 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 this Act makes any provision for anything to be done hut no provision or no sufficient provision has been made as respects the authority by whom, or the lime 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.".
39. Addition of new sections to N.-W.F.P. of Act No. XIII of 2005.—In the said Act, alter sections 46, ihe following new sections shall be inserted, namely:
"46A. Bar of Jurisdiction.—No Court shall have jurisdiction to entertain any proceedings, grant any injunction or make any order in relation to any thing done in good faith or purported lo have been done or intended to be done under this Act.
46B. Indemnity.— No suit or legal proceedings shall lie against the University or any Authority, officer or employee of the University or any person in respect of any thing which is done in good faith or purported to have been done or intended to be, or has been, done under this Act.
46C. Power to require officers, teachers or employees to serve under Government or any other Organization.--- (1) Notwithstanding anything contained in this Act:
(2) If any difficulty arises in giving effect to any of the provisions of this 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 this Act makes any provision for anything to be done hut no provision or no sufficient provision has been made as respects the authority by whom, or the lime 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.".
39. Addition of new sections to N.-W.F.P. of Act No. XIII of 2005.—In the said Act, alter sections 46, ihe following new sections shall be inserted, namely:
"46A. Bar of Jurisdiction.—No Court shall have jurisdiction to entertain any proceedings, grant any injunction or make any order in relation to any thing done in good faith or purported lo have been done or intended to be done under this Act.
46B. Indemnity.— No suit or legal proceedings shall lie against the University or any Authority, officer or employee of the University or any person in respect of any thing which is done in good faith or purported to have been done or intended to be, or has been, done under this Act.
46C. Power to require officers, teachers or employees to serve under Government or any other Organization.--- (1) Notwithstanding anything contained in this Act:
- the Senate may, alter consultation with the Syndicate
and in the public interest, direct that any officer, University
Teacher or other employee of the University shall serve in any post under
Government or any other university or an educational or research
institution and such direction shall be binding on the officer, teacher
or other employee concerned; and
- the Senate may, on the advice of the Syndicate, direct
any post in the University to be filled by appointing an employee of
Government or any other university or an educational or research
institution.
(2)
Where any appointment or transfer has been made under this section, the terms
and conditions of service of the appointee or transferee shall not be less
favourable than those admissible to him immediately before such appointment or
transfer and he shall be entitled to all benefits of his post of
service.".
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