Updated: Wednesday May 11, 2016/AlArbia’a
Sha’ban 04, 1437/Budhavara
Vaisakha 21, 1938, at 02:55:19 PM
The Allama Iqbal Open University Act, 1974
1ACT NO. XXXLX OF 1974
[21st, 1974]
An Act to provide for the establishment of
an Allama lqbal Open University at
WHEREAS it is expedient to
provide for the establishment of an Allama lqbal Open University at
It is hereby enacted as
follows:---
1. Short title, extent
and commencement. —(1)
This Act may be called the 2[Allama
lqbal Open University Act, 1974.]
(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
University;
(b) ”Audience level regional centre” means an audience level
regional centre maintained and administered by the University;
(c) ”Authority” means an Authority of the
University specified in section 17;
(d) ”Chancellor” means the Chancellor of the University;
(e) ”Committee of Courses” means the Committee of Courses in a
Faculty;
(f) ”Dean” means the Dean of a Faculty;
(g) ”Department” means a department maintained
and administered or’ recognised by the University;
(h) ”Executive Council” means the Executive Council of the
University;
(i) ”Faculty” means a Faculty of the
University;
(j) ”Government” means the Federal Government;
1 For Statement of Objects and
Reasons, see Gaz. of P., 1974, Ext., Pt. Ill, p. 427.
2 Subs. by the People’s Open
University (Amdt.) Ordinance, 1977 (43A of 1977), s. 2, for “People’s Open
University Act, 1974”.
1[(jj) ”Institute” means an institute maintained and administered
by the University]
(k) ”Prescribed” means prescribed by Statutes, Regulations or
Rules;
(l) “Pro-Chancellor” means the Pro-Chancellor of the University;
(m) ”Registered Graduate” means a graduate of
the University who has his name entered in the register maintained in the
University for the purpose;
(n) ”Statutes”, “Regulations” and “Rules”
means the Statutes, Regulations and Rules made under this Act;
(o) ”Teachers” includes Professors, Associate Professors, Senior
Instructors, Assistant Professors, Instructors and Lecturers engaged whole-time
by the University or such other persons as may be recognised as Teachers by the
Academic Council;
2[(p) ”University” means the Allama lqbal Open
University as renamed under this Act;]
(q) ”University Teacher” means a whole-time
Teacher appointed and paid by the University, or recognized by the Academic
Council as such; and
(r) ”Vice-Chancellor” means the
Vice-Chancellor of the University. ;
CHAPTER II
THE UNIVERSITY
3. Establishment and
incorporation of the University.—(1) There shall be established a University to be called the
People’s Open University as a specialised educational institution with its
principal seat at Islamabad for purposes of teaching, holding of examinations
and tests, establishment of audience level regional centres for guidance and
examinations at the post-matric, graduate, post-graduate and research levels in
accordance with the provisions of this Act.
1Ins. by the Allama lqbal Open University
(Amdt.) Ordinance, 1981 (8 of 1981),
2 Subs. by the People’s Open
University (Amdt.) Ordinance, 1977 (43A of I977), s. 3 for cl. (p).
1[(1A) The People’s Open. University
established in accordance with the provisions of this Act shall, on and the
commencement of the People’s Open University (Amendment) Ordinance, 1977, be
renamed as the Allama Iqbal Open University.]
(2) The University shall
consist of,---
(i) the Chancellor, the Pro-Chancellor, the Vice-Chancellor, the
Deans, the Chairman of Teaching Departments, the 2[Directors
of the Institutes, the Director of the Regional Tutorial Services], the
Registrar, the Treasurer, the Auditor, the Controller of Examinations, the
Librarian, and such other officers as may be prescribed;
(ii) members of the Executive Council, the Academic
Council and other Authorities;
(iii) all University Teachers; and
(iv) Professors Emeritus.
(3) The University shall be
a body corporate by the name of the 3[Allama
Iqbal Open University] and shall have perpetual succession and a common seal,
and shall by the said name sue and be sued.
(4) The University shall be
competent to acquire and hold property, both movable and immovable, and to
lease, sell or otherwise transfer any movable and immovable property which may
have become vested in or been acquired by it.
4. Powers and functions
of the University. The
University shall have the powers,---
(a) to provide educational facilities to people who cannot leave
their homes and jobs in such manner as it may determine;
(b) to provide such facilities to masses for their educational
uplift as it may determine;
(c) to provide facilities for the training of
teachers in such manner as it may determine;
(d) to provide for instruction in such
branches of learning technology or vocations as it may deem fit, and to make
provision for research and for the advancement and dissemination of knowledge
in such manner as it may determine;
(e) to prescribe courses of studies to be conducted by it;
1 Sub-section (I A) ins by the
People’s Open University (Amdt.) Ordinance.1977 (43A of 1977) s. 4.
2 Subs by the Allama Iqbal Open
University (Amdt) Ordinance 1981(8 of 1981), s. 3.
3 Subs, by Ord. 43A of 1977 s. 2,
for “People’s Open University”.
(f) 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 the
prescribed conditions;
(g) to confer in the manner prescribed honorary degrees or other
distinctions on persons approved for the purpose;
(h) to provide for such instruction for persons not being
students of the University as it may determine, and to grant certificates and
diplomas to such persons;
(i) to confer degrees on persons who have carried on independent
research under prescribed conditions;
(j) to accept the examinations passed by students of the
University at other universities and places of learning as equivalent to such
examinations of the University as it may determine;
(k) to co-operate with other universities and other 1
authorities in such manner and for such purposes as it may determine;
(l) to institute Professorships, Senior Instructorships,
Associate Professorships, Instructorships, Assistant Professorships, Lecturer
ships , Counsellorships and any other posts and to appoint persons thereto;
(m) to create posts for teaching, research,
extension services, administration and other related purposes and to appoint
persons thereto;
(n) to recognize as University Teachers such persons as it may
deem fit;
(o) to institute and award fellowships,” scholarships,
exhibitions, bursaries, medals and prices under prescribed conditions;
(p) to establish teaching departments, 1[institutes]
faculties, laboratories, workshops, audience level regional centres and other
centres of learning for the development of teaching and research and
educational technology and to make such arrangements for their maintenance,
management and administration as it may determine;
(q) to supervise and control the discipline of
the students of the University and to promote the extra-curricular and
recreational activities of such students, and to make arrangements for
promoting their conduct, health and general welfare;
(r) to demand and receive such fees and other
charges as it may determine;
(s) to make provision for research and
development of educational technology and advisory services and with these
objects to enter into arrangements with other institutions or with public
bodies under prescribed conditions;
1Ins. by the Allama lqbal Open University
(Amdt.) Ordinance, 1981 (8 of 1981), s. 4.
(t) to provide for making of films and cassettes and other audio-visual
material and enter into arrangements with Broadcasting Corporation of
(u) to enter into, carry out, vary or cancel contracts;
(v) to receive and manage property transferred and grants,
bequests, trusts, gifts, donations, endowments and other contributions made to
the University and to invest any fund representing such property, grants,
bequests, trusts, gifts, donations, endowments or contributions and to convert
one kind of property into • another, in such manner at it may deem fit;
(w) to provide for the printing and
publication of courses . and teaching material and other works; and
(x) to do all such other acts and things,
whether incidental to the powers aforesaid or not, as may be requisite in
order to further the objects of the University as a centre of education,
learning and research.
Explanation.—In this section “Counsellorship” means a
post the person appointed to which, whether on whole-time or part-time basis is
in direct instructional contact with the students.
5. University open to
all classes, creeds, etc. The University shall be open to all persons of either sex of
whatever religion, race, creed, class or colour and no citizen of
6. Teaching in the
University. —(1) All
recognized teaching in various courses shall be conducted by the University in
the prescribed manner and may include correspondence packages, films,
cassettes, telecasts, broadcasts, lectures, tutorials, discussions, seminars,
demonstrations as well as practical work in the laboratories, workshops and
farms and other media of instruction and practice in teaching or practical
training.
(2) The authority
responsible for organizing recognised teaching shall be such as may be
prescribed.
(3) The courses and the
curricula shall be such as may be prescribed.
1[(4) A discipline to be call “Islamic arid
Pakistan Studies” shall be offered, as a compulsory subject at the Bachelor’s
level in all arts, science, professional and other faculties provided that
non-muslim students may opt for “Ethics and Pakistan Studies”.
(5) A degree shall not be
awarded to a student unless he has passed the examination in the discipline
referred to in sub-section (4).
1 Added by the Allama Iqbal Open
University (Amdt.) Ordinance, 1981 (2 of 1981), s. 2.
CHAPTER III
OFFICERS OF THE UNIVERSITY
7. Officers of the
University. The
following shall be the officers of the University namely:---
(i) the Chancellor;
(ii) the Pro-Chancellor;
(iii) the Vice-Chancellor;
(iv) the Deans;
(v) the Chairman of the Teaching Departments;
1[(va) the Directors of the Institutes]
2[(vi) the Director of the Regional Tutorial Services]
(vii) the Registrar;
(viii) the Treasurer;
(ix) the Auditor;
(x) the Controller of Examinations;
(xi) the Librarian; and
(xii) such other persons as may be prescribed by
Regulations to be the officers of the University.
8. Chancellor. —(1) The President of the Islamic Republic
of Pakistan shall be the Chancellor of the University.
(2) The Chancellor shall,
when present, preside at the convocations of the University.
(3) Every proposal to
confer an honorary degree shall be subject to Confirmation by the Chancellor.
9. Pro-Chancellor. —(1) The Federal Minister incharge of the
Ministry of Education shall be the Pro-Chancellor of the University.
(2) In the absence of the
Chancellor, the Pro-Chancellor shall, when present, preside at the convocations
of the University.
(3) If the Pro-Chancellor
is satisfied that the proceedings of any Authority or the 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 cause why such proceedings or orders should not be
annulled, by order in writing, annual such proceedings or orders.
(4) The Pro-Chancellor
shall have the power to assent to such Statutes as are required to be submitted
to him or withhold assent or refer them back to the Executive Council for
re-consideration.
1 Ins. by the Allama Iqbal Open
University (Amdt.) Ordinance, 1981 (8 of 1981), s. 5.
2 Subs. ibid.,
(5) The Pro-Chancellor may
remove any persons from the membership of any Authority, if such as person,---
(i) has become of unsound mind; or
(ii) has become subject to an incapacity which prevents him
from functioning as a member of such Authority; or
(iii) has been convicted by a court of law of an offence
involving moral turpitude.
10. Visitation.
Etc. —(1) The
Pro-Chancellor may cause a visitation or an inspection or inquiry to be made in
respect of any matter connected with the affairs of the University and shall,
from time to time, appoint such person or persons as he may deem fit for the
purpose of carrying out inspection of,---
(i) the University, its buildings,
laboratories, libraries, workshops and other establishments and equipment;
(ii) any institution or audience level regional centre of
the University;
(iii) the teaching and other work conducted by the
University; and
(iv) the conduct of examinations held by the University.
(2) The Pro-Chancellor
shall give notice to the Executive Council of his intention to cause a
visitation or an inspection or inquiry to be made under sub-section (1), and
the Executive Council shall be entitled to be represented thereat.
(3) The Pro-Chancellor
shall communicate to the Executive Council his views with regard to the results
of a visitation or an inspection or inquiry made under sub-section (1) and
shall, after ascertaining the views of the Executive Council thereon, advise
the Executive Council on the action to be taken by it.
(4) The Executive Council
shall, within such time as may be specified by the Pro-Chancellor,
communicate-to him such action, if any, as has been taken or may be proposed to
be taken upon the results of a visitation or an inspection or inquiry
communicated to it under sub-section (3).
(5) Where the Executive
Council does not, within the time specified by the Pro-Chancellor, take action
to the satisfaction of the Pro-Chancellor, he may, after consideration of any
explanation furnished or representation made by the Executive Council, issue
such directions as he thinks fit, and the Vice-Chancellor shall comply with
such directions.
11.
Vice-Chancellor. —(1)
The Vice-Chancellor shall be appointed by the Chancellor on such terms and
conditions as the Chancellor may determine for a term not exceeding four years.
(2) 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 Pro-Chancellor shall make such arrangement for the performance of
the duties of Vice-Chancellor as he may deem fit.
12. Powers and duties of
the Vice-Chancellor. —(1)
The Vice-Chancellor shall be the principal executive and academic officer of
the University, shall ensure that the provisions of this Act, the Statutes, the
Regulations and the Rules are faithfully observed in order to promote the general
efficiency and good order of the University, and shall have all powers
necessary for this purpose, including administrative control over all officers,
Teachers and other employees of the University.
(2) The Vice-Chancellor
shall, in the absence of the Chancellor, and Pro-Chancellor, preside at a
convocation of the University and at the meetings of the Authorities of which
he is the Chairman and be entitled to attend and preside at any meeting of any
other Authority or body of the University at his discretion.
(3) The Vice-Chancellor
may, with the approval of the Pro-Chancellor, in an emergency which requires
immediate action, take such action as he may consider necessary and shall, as
soon thereafter as possible, seek approval of his action from the Authority or
other body which in the ordinary course would have dealt with the matter, but
shall not exercise powers otherwise vested exclusively in the Chancellor or the
Pro-Chancellor under this Act.
(4) The Vice-Chancellor
shall also have the powers,---
(i) to create temporary posts for a period not
exceeding six months subject to availability of funds and advice of the Finance
Committee and fill them on ad hoc basis in consultation with the head of the
department or section of the office;
(ii) to sanction all expenditure provided for in the
approved budget, and to re-appropriate funds within the same major head of
expenditure;
(iii) to sanction by re-appropriation an amount
not exceeding five thousand rupees for an unforeseen item not provided for in
the budget, and report it to the Executive Council at the next meeting;
(iv) to appoint course editors, consultants, course
assessors, paper setters and examiners for all examinations and courses of the
University after receiving panels of names from the relevant Authorities, the
assessors and consultants for various courses shall be appointed in
consultation with the Dean concerned, on such terms as the Vice-Chancellor may
deem suitable;
(v) to make such arrangements for the scrutiny of papers, marks
and results as he may consider necessary;
(vi) to direct Teachers, officers and other employees of
the University to take up such assignments in connection with teaching,
research, examination and administration, and such other activities in the
University as he may consider necessary for the purpose of the University;
(vii) to delegate, subject to such conditions, if any, as
may be prescribed any of his powers under this Act to an officer or other
employee of the University;
(viii) to appoint employees on an initial monthly
pay which is below four hundred and fifty rupees;
(ix) to relax Regulations in favour of a student in a case
of real hardship subject to the approval of the Academic Council; and
(x) to exercise and perform such other powers
and functions as may be prescribed.
13. Registrar. —(1) The Registrar shall be a whole-time
officer of the University and shall be appointed by the Executive Council on
such terms and conditions as it may determine.
(2) The Registrar shall,---
(a) be the custodian of the Common Seal and
the academic records of the University;
(b) maintain Registers of students and Registered Graduates of
the University in the prescribed form ;
(c) conduct elections of members to the various Authorities in
the prescribed manner;
(d) act as the Secretary of the Executive
Council, Academic Council and the Selection Board and as the co-ordinator of
administration under the general directions and supervision of the
Vice-Chancellor; and
(e) perform such other duties as may be assigned to him by the
Executive Council.
14. Treasure. —(1) The Treasurer shall be a whole-time
officer of the University and shall be appointed by the Pro-Chancellor on such
terms and conditions as the Pro-Chancellor may determine.
(2) The Treasurer shall,---
(a) manage the property, the finances and the investments of the
University;
(b) prepare the annual and revised budget
estimates of the University and present them to the Finance Committee and the
Executive Council;
(c) ensure that the funds of the University are expanded for the
purposes for which they are provided; and
(d) perform such other duties as maybe assigned to him by the
Executive Council.
15. Controller of
Examinations. —(1)
The Controller of Examinations shall be a whole-time officer of the University
and shall be appointed by the Executive Council on such terms and conditions as
it may determine.
(2) The Controller of
Examinations shall be responsible for all matters connected with evaluation and
assessment records and the conduct of examinations and perform such other
duties as may be assigned to him by the Executive Council.
16. University
Auditor. —(1) There
shall be a University Auditor who shall be an officer in the service of the
Federal Government whose services have been lent to the University.
(2) The duties of the
University Auditor shall include pre-audit of all bills and demands for payment
submitted to the University.
CHAPTER IV
AUTHORITIES OF THE UNIVERSITY
17. Authorities. The following shall be the Authorities of
the University, namely:---
(i) the Executive Council;
(ii) the Academic Council;
(iii) the Faculties;
(iv) the Committees of Courses;
(v) the Selection Board;
(vi) the Committee for Research and Educational Technology;
(vii) the Finance Committee;
(viii) the Academic Planning and Development
Committee; and -•
(ix) such other authorities as may be
prescribed by Statutes.
18. The Executive
Council. —l[(l)
The Executive Council shall consist of:---
(i) the Vice-Chancellor, who shall be its Chairman;
(ii) one member of the National Assembly to be nominated by
the Speaker of the Assembly;
(iii) the Chief Justice of Pakistan or his nominee;
(iv) the Secretary, Ministry of Education, Government of
Pakistan;
(v) one nominee of the University Grants Commission;
(vi) one Dean to be nominated by the Chancellor on the
recommendation of the Vice-Chancellor;
1Subs. by the Allama Iqbal Open
University (Amdt.) Ordinance, 1981 (2 of 1981), s. 3.
[(vii) one Professor, one Associate Professor,
one Assistant Professor and one Lecturer of the University to be elected by the
Professor, Associate Professors, Assistant Professors and Lecturers of the
University, as the case may be, from amongst themselves:---
Provided that a Lecturer shall be eligible
for election if he has completed a minimum of two years’ service in the
University;]
(viii) three persons of eminence to be nominated by the
Chancellor;
(ix) the Managing Director of the Pakistan Television
Corporation;
(x) the Director General of the Pakistan Broadcasting
Corporation.];
1[(xi) one Aalim to be nominated by the
Chancellor;
(xii) one woman to be nominated by the
Chancellor;]
(2) The members of the
Executive Council, other than ex-officio] members, shall hold
office for 1[three]
years.
(3) The quorum for a
meeting of the Executive Council shall be one third of the total number of
members, a fraction being counted as one.
19. Powers and duties of
Executive Council. —(1)
The Executive Council shall be the executive body of the University and shall,
subject to the provisions of this Act and the Statutes, Regulations and Rules,
exercise general supervision over the affairs and management of the property
of the University.
(2) In particular and
without prejudice to the generality of the foregoing provisions, the Executive
Council shall have the power,---
(a) to hold, control and administer the
property and funds of the University;
(b) to govern and regulate, with due regard to
the advice of the Finance and Academic Planning and Development Committees in
this behalf, the finances, accounts and investments of the University and, for
that purpose, to appoint such agents as it may think fit;
(c) to consider the annual report and the annual revised budget
estimates and to re-appropriate funds from one major head of expenditure to
another on the recommendations of the Finance Committee;
1 Subs. and ins. by the Allama Iqbal
Open University (Amdt.) Ordinance, 1981 (8 of 1981), s. 6.
(d) to transfer and accept transfer of movable or immovable
property on behalf of the University;
(e) to enter into, vary, carry out and cancel contracts on
behalf of the University;
(f) to cause proper books of accounts to be kept for all sums of
money received and expended by the University and for the assets and
liabilities of the University;
(g) to 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 (11 of 1882), or in the purchase of immovable property or in
such other manner as it may determine, with the like power of varying such
investment;
(h) to receive and manage any property transferred and grants,
bequests, trusts, gifts, donations, endowments and other contributions made to
the University, and to administer any funds placed at the disposal of the
University for specified purposes;
(i) to determine the form, provide for the
custody and regulate the use of the Common Seal of the University;
(j) to provide the buildings, libraries, premises, furniture,
apparatus equipment and other means required for the purposes of the
University;
(k) to arrange for the inspection of the Departments and
audience level regional centers;
(l) to institute Professorships, Associate Professorships,
Assistant Professorships, Lecturer ships, and other, teaching posts, or to
suspend or abolish such posts;
(m) to create, suspend or abolish such administrative, research,
extension or other posts as may be necessary;
(n) to appoint University Teachers and other officers on the
recommendations of the Selection Board for Teaching and other posts on an
initial monthly pay which is not below four hundred and fifty rupees;
(o) to appoint Professors Emeritus on such
terms and conditions as may be prescribed under Statutes;
(p) to confer, with the prior approval of the
Chancellor, honorary degrees in accordance .with the conditions prescribed;
(q) to prescribe the duties of officers,
Teachers and other employees of the University;
(r) to suspend, punish and remove from service in the prescribed
manner officers (other than the Vice-Chancellor, the Auditor and the
Treasurer), Teachers and other employees whom it is empowered to appoint;
(s) to appoint members to the various Authorities in accordance
with the provisions of this Act;
(t) to propose drafts of Statutes for submission to the
Pro-Chancellor;
(u) to consider, and deal in the manner- prescribed, the Regulations
made by the Academic Council;
(v) to regulate, determine and administer all other matters
concerning the University and to this end exercise all necessary powers not
specifically mentioned in this Act and the Statutes;
(w) to delegate any of its powers to an Authority or officer or a
Committee or sub-committee; and
(x) to perform such other functions as have been assigned to it by
the other provisions of this Act or may be assigned to it by the Statutes.
20. —(1) The Academic Council shall consist of,---
(i) the Vice-Chancellor;
(ii) four members of the Executive Council to be elected
by the Executive Council;
(iii) the Deans;
(iv) the University Professors, Senior Instructors and Professors
Emeritus;
(v) the Chairmen of the Departments;
1[(va) the Directors of the Institutes;]
(vi) five University Teachers to be elected by all the
University Teachers;
(vii) two Registered Graduates to be elected,
after the first graduation, by all such Graduates;
(viii) three persons eminent in the arts, u
-fences, and the professions, one from each category to be nominated by the
Pro-Chancellor;
(ix) the Registrar;
(x) the Treasurer;
(xi) the Controller of Examinations; and
(xii) the Librarian.
(2) The Vice-Chancellor
shall be the Chairman of the Academic Council and shall preside over its
meetings.
(3) The Registrar shall be
the Secretary to the Academic Council.
(4) The members of- the
Academic Council, other than nominated members, shall hold office for three
years.
(5) 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.
1 Ins. by the Allama Iqbal Open
University (Amdt.) Ordinance, 1981 (8 of 1981), s. 7.
21. Powers and duties of
the Academic Council.—(1)
The Academic Council shall be the highest 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 audience level
regional centers. It shall also propagate the ideology of Pakistan and shall also
endeavour to inculcate and build national character in the students.
(2) In particular and
without prejudice to the generality of the foregoing provisions, the Academic
Council shall have the power,---
(a) to advise the Executive Council on all academic matters;
(b) to regulate the conduct of teaching, research and
examinations;
(c) to regulate the admission of students to the courses of
study and examinations in the University;
(d) to regulate tjie conduct and discipline of the students of
the University;
(e) to propose to the Executive Council
schemes for the constitution and organisation of Faculties, Departments and
Committees of Courses;
(f) to consider and formulate proposals for the planning and
development of various media of teaching and research in educational technology
in the University;
(g) to make Regulations, on the recommendations of Academic
Planning and Development Committee, Committee for Research and Educational
Technology or the Faculties and approve the recommendations of the Committees
of Courses and Faculties prescribing the courses of study and the syllabi for
all University examinations:
Provided that, if the recommendations of a
Faculty or a Committee of Courses are not received by the prescribed date, the
Academic Council may continue for the next year the courses of study already
prescribed for an examination;
(h) to recognise the examinations of other
universities or examining bodies as equivalent to the corresponding
examinations of the University;
(i) to regulate the award of studentships,
scholarships, exhibitions, medals and prizes;
(j) to frame Regulations for- submission to the Executive
Council;
(k) to appoint members to the various
Authorities in accordance with the provisions of this Act; and
(l) to perform such other functions as may be
prescribed by Statutes.
22. Constitutions,
functions and powers of other Authorities. Subject to the provisions of this Act, the
constitution, functions arid powers of the Authorities for which no specific
provision, or insufficient provision, has been made in this Act shall be such
as may be prescribed by Statutes.
23. Appointment of
Committees by the Authorities. The Executive council, the Academic Council and any other
Authority may, from time to time, appoint such standing, special or advisory
committees as it may deem fit, and may appoint to such committees persons who
are not its member’s.
CHAPTER V
STATUTES, REGULATIONS AND RULES
24. Statutes. —(1) Subject to the provisions of this
Act, Statutes may »e made to regulate or prescribe all or any of the following
natters, namely:---
(a) the constitution of pension, group
insurance, gratuity, provident fund and benevolent fund for University
employees;
(b) the scales of pay and other terms and conditions of service
of officers, Teachers and other employees of the University;
(c) the maintenance of the Register of
Students and Register of Registered Graduates;
(d) the conduct of elections for membership of the Authorities
and related matters;
(e) the establishment of Faculties, audience level regional
centers and other academic divisions;
(f) the powers and duties of Officers and
Teachers;
(g) the conditions under which the University
may enter into arrangements with other institutions or with public bodies for
purposes of research and advisory services and production of courses through
various media;
(i) the conditions for appointment of Professor Emeritus and
award of honorary degrees;
(i) efficiency and discipline of University employees; and
(j) all other matters which are to be or may be prescribed or
regulated by Statutes.
(2) The draft of Statutes
shall be proposed by the Executive Council to-the Pro-Chancellor who may
approve it, or pass it with such modifications as he may think fit, or may
refer it back to the Executive Council for reconsideration:
Provided that the Executive
Council shall not propose a draft of Statutes affecting the constitution or
powers of any Authority, until such Authority has been given an opportunity of
expressing an opinion in writing upon the proposals:---
Provided further that the
draft of Statutes, after the Executive Council has approved it, be forwarded to
the Pro-Chancellor and shall not be effective until it has been approved by the
Pro-Chancellor.
25. Regulations. ___(1) Subject to the provisions of this Act
and the Statutes, Regulations may be made for all or any of the following
matters, namely,---
(a) the general scheme of studies and the courses of study for
degrees, diplomas and certificates of the University;
(b) the manner in which the recognised teaching shall be
organised and conducted;
(c) the admission of students
to the University;
(d) the conditions under which students shall be admitted to the
courses and the examinations of the University and shall become eligible for
the award of degrees, diplomas and certificates;
(e) the assessment and evaluation system and the conduct of
examinations;
(f) fees and other charges to be paid by the
students for admission to the courses of study and the examinations of the
University and for the remission of such fees, etc., in suitable cases;
(g) the conduct and discipline of students of the University;
(h) the conditions under which a person shall carry on
independent research to entitle him to a degree;
(i) the institution of fellowships, scholarships exhibitions,
medals and prizes;
(j) the institution of stipends;
(k) the academic costume;
(l) the use of the Library;
(m) the formation of departments and Committees of Courses; and
(n) all other matters which are to be or may be prescribed by
Regulations.
(2) The draft of
Regulations shall be prepared by the -Academic Council and shall be submitted
to the Executive Council which may approve or withhold approval or refer it
back to the Academic Council for reconsideration:---
Provided that the Executive
Council may frame a Regulation as its own initiative and approve it after
calling for the advice of the Academic council.
(3) No Regulation shall be
valid unless it has been approved by the Executive Council.
26.Amendment and repeal
of Statutes and Regulations. The procedure for adding to, amending or repealing the Statutes
and the Regulations shall be the same as that provided respectively for the
framing or making of Statutes and Regulations.
27.Rules___(1)
The Authorities and the other bodies of the University may make rules
consistent with this Act, the Statutes and the Regulations to regulate the
conduct of their business and the time and place of meetings and related
matters:---
Provided that the Executive
council may direct the amendment or the annulment of any rules made by another
Authority or body under this section:---
Provided further that, if
such other Authority or body is dissatisfied with such direction, it may apply
for review to the Executive Council whose decision in the matter shall be
final.
(2)The Executive Council
may make rules to regulate any matter relating to the affairs of the
University, which by this Act are not specifically required to be provided for
Statutes or Regulations.
CHAPTER VI
UNIVERSITY FUND
28. University
Fund. The University
shall have a fund to which shall be credited its income from fees, donations
trusts, bequests, endowments contributions, grants, property and all other
sources.
29.Audit and accounts.___ (1) The accounts of the University shall be
maintained in such from and in such manner as may be prescribed.
No expenditure shall be
made from the funds of the University 1[if
it is not included in the approved budget of the university nor] unless a bill
for its payment has been audited by the Regulations and the Rules.
(2)The annual statement of
the accounts of the university, signed by the Treasurer and the university
Auditor, shall be submitted to the Government within six months of the closing
of the financial year.
(3)The accounts of the
university shall be audited once a year by an auditor appointed by the
Government for the purpose.
(4)The observations of the
Government auditor, together with such annotations, as the Treasurer may make,
ashll be presented to the Executive Council.
1Ins. by the Allama Iqbal Open University
(Amdt.) Irdubabcem 1981 9 (2 of 1984), s.4
CHAPTER VII
GENERAL PROVISIONS
30. Opportunity to show
cause. Except as
otherwise provided, no officer, Teacher of other employee of the University
holding a permanent post shall be reduced in rank, removed, suspended or
compulsorily retied from service, unless he has been given a reasonable
opportunity of showing cause against the action proposed to be taken.
31. Appeal to and review
by the Executive Council. ___(1). Where an orde is passed punishing
any officer (other the vice-Chancellor), Teacher or other employees of the
University or altering or interpreting to his disadvantage the prescribed terms
and conditions of his service, he shall, where the prescribed terms and
conditions of his service, he shall, hwere the order is passed by the
Vice-Chancellor or any other officer of Teacher of the University, have the
right to appeal to the Executive Council against the order, and, where the
order is made by the Executive Council, have the right to apply to that
Authority for review of that order or appeal to the Pro-Chancellor.
(2) The appeal or
application for review shall be submitted to the Vice-Chancellor who shall lay
it before the executive Council or, as the case may be, Pro-chancellor or with
his comments.
1[(3) No order on an appeal or application
for review shall be passed with our affording to the appellant or applicant, as
the case may be, an opportunity of being heard.]
32. Pension, group
insurance, gratuity, provident fund and benevolent fund. The university may constitute for the
benefit of its officers, Teachers and other employees in such manner and
subhect to such conditions as may be prescribe, such pension, grop insurance,
gratuity, provident fund and benevolent fund schemes as it may deem fit.
(2) Where any provident
fund is constituted under this Act, the provisions of the Provident Funds Act,
1925 (xix of 1925). shall apply to such fund as if it were a Government
Provident Fund and the University were the Government.
33. Commencement of term
of officer of members of authorities. Where a member of a newly constituted Authority is elected,
appointed or nominated, his term of office, as fixed under this Act, shall
commence from such date as may be prescrived.
2[33A. Members of an
Authority to cease to be members ion certain circumstances. An elected
appointed or nominated member of any Authority shall cease to be a member if he___
(a) absents himself, without the leave of suc Authority, from
three consecutive meetings thereof; of
(b) accepts any assignment which involves his absence from the
university for a period of six months of more.]
1Added by the Allama Iqbal Open
University (Amdt.) Ordinance, 1984 ( 23 of 1984), s. 2 (23 of 1984), s.2
2Ins by the Allama Iqbal Open University
(Amdt.) Ordinance, s.8
34. Filling of casual
vacancies in Authorities. Any casual vacancy among the elected, appointed or nominated
members of any Authority shall be filled, as soon as may be, ny the person of
persons of the body who elected, appointed or nominated the member w hose place
has become vacant and the person elected, appointed or nominated to the term
for shich the person whose place he fills would have been a member.
35. Filling vacancies in Authorities in certain circumstances. Where
a vacancy in the membership of an Authority cannot be filled because of,---
(a) the office the holder whereof was to be a member of the
Authority ex-officio having ceased to exist;
(b) the organization, institution or other body, other than the
University, having ceased either to exist or to function;
(b) the occurrence of other circumstances in which it has become
impracticable to fill the vacancy,
the vacancy shall be filled
in such manner as the Pro-Chancellor may direct.
36. Disputes about
membership of Authorities. If a question arises whether any person is entitled to be a member
of any Authority, the matter shall be referred to a committee consisting of the
Vice-Chancellor, the Judge of the Supreme Court of Pakistan who is a member of
the Executive Council and the most senior of the Deans who are members of the
Executive Council and the decision of this committee shall be final and
binding.
37.Proceeding of
Authorities not invalidated by vacancies. No act, proceeding, resolution or decision of any
Authority shall be invalid by reason only of any vacancy in, or any defect in
the constitution of, or in the election, appointment or nomination of any
member of, the Authority.
38. First Statutes. Notwithstanding anything to the
contrary contained in this Act, until Statutes are framed, amended or replaced
by new Statutes framed in accordance with this Act,---
(i) the Statutes set out in the Schedule shall
be deemed to be Statutes framed under section 24; and
(ii) the Statutes made under the Quaid-e-Azam University]
Act, 1973, in respect of the terms and conditions of service of officers,
Teachers and other employees shall apply to the officers, Teachers and other
employees of the University.
39. Removal of
difficulties. If any
difficulty arises as to the first constitution of any Authority or otherwise in
giving effect tq, the provisions of this Act, the Pro-Chancellor may, on the
recommendation of the Vice-Chancellor, give appropriate directions to remove
such difficulty.
2[40. Tripartite mobility.—(1) Any officer, teacher or other
employee of the University shall, as the Chancellor may direct, serve in a
Government department or an educational or research institution in the public
interest:---
Provided that the terms and
conditions offered to him shall not be less favourable than those admissible to
him in the University and that full benefit of his previous service shall be
allowed to him:---
1Subs. by the Federal Laws (Revision and
Declaration) Ordinance, 1981 (27 of 1981). s. 3 and Sch., II.
2The original section 40 which was ins.
by Ord, 2 of 1981, s. 5. nave been subs, by the Allama Iqbal Open University
(Amdt.) Ordinance, 1981 (8 of 1981), s. 9.
Provided further that, in
the case of a teacher, such direction shall be made after consulting the
Syndicate.
(2) The Chancellor may
place the services of an employee of the Government or any other University or
an educational or research institution at the disposal of the University in the
public interest:---
Provided that the terms and
conditions offered to him shall not be less favourable than those enjoyed by
him immediately before his services are placed at the disposal of the
University and that full benefit of his previous service shall be allowed to
him:---
Provided further that, in
the case of a teacher, the Chancellor may consult the Selection Board of the
University before placing his services at the disposal of the University.].
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