Updated: Monday January 06, 2014/AlEthnien
Rabi' Awwal 05, 1435/Somavara
Pausa 16, 1935, at 08:05:14 PM
The Aga Khan University Order, 1983
PRESIDENT’S ORDER III OF 1983
[Gazette
of
No. F. 17(2)/83-Pub.-The following Order made by the President is hereby published for general information;
Whereas His Highness Prince Karim Aga Khan and the Aga Khan Foundation have
established in Pakistan a Health Science Complex whose programmes will promote
human welfare in general and the welfare of the people ‘of Pakistan in
particular and have expressed the desire to establish an autonomous university
in Pakistan for the promotion and dissemination of knowledge and technology and
for providing instruction, training, research, demonstration and service in the
health sciences and such other benches of learning as the University may
determine;
Now, therefore, in pursuance of the Proclamation of the fifth day of July,
1977, and in exercise of all powers enabling him in that behalf, the President
is pleased to make the following Order:---
1. Short title and commencement.-(1) This order may be called the Aga Khan
University Order, 1983.
(2) It shall come into force at once.
2. Definitions.-In this Order, unless there is anything repugnant in the
subject or context,---
(a) “Board” means the Board of Trustees of the University referred to in
Article 11;
(b) “Chancellor” means the Chancellor of the University referred to in Article 8;
(c) Pro-Chancellor” means the Pro-Chancellor of the University appointed under
Article 9;
(d) “Rector” means the Rector of the University appointed under Article 10;
(e) ”University” means the
3. Establishment and
incorporation of the University.(1)There shall be established a University to
be called the
(a) the Patron, the Chancellor, the Pr®-Chancellor, the Rector, the members of the Board;
(b) the members of such councils, committees and other advisory bodies as the
Board may establish or authorise from time to time;
(c) the members of the faculties, and students of the colleges, schools,
institutes and other units; and
(d) such other officers and members of the staff as may be specified by the
Board from time to time.
(2) The University shall be a body corporate by the name of the Aga Khan
University, having perpetual succession and a common seal; with power, among
others, to acquire, hold and dispose of any property and shall by the said name
sue and be sued.
4. The purpose. Powers and functions of the University.--(1) The purposes of
the University shall be the promotion and dissemination of knowledge and
technology and to provide for instruction,- training, research,, demonstration
and service in the health sciences and such other branches of learning as the
University may determine.
(2) The University shall be a fully autonomous body with freedom to govern its
academia functions in order to achieve its objectives, in particular, freedom
to,---
(a) select and examine students;
(b) award degrees, diplomas, certificates and other academic distinctions;
(c) select and promote faculties;
(d) determine courses of study in health sciences and such other bran ties of
learning as the University may determine;
(e) pursue research;
(f ) establish and support hospitals, clinics and other sites and facilities
for education, training and research;
(g) affiliate itself or associate with other institutions, and establish
faculties in
(h) decide teaching methods and strategies in order to ensure the most
effective educational and other programmes; and
(i) use the financial and other resources allocated to it for the execution of its functions.
(3) The principal teaching facilities of the health science faculties of the
University shall consist of the Aga Khan Hospital, at Karachi, but the
University shall have the right to use the other institutions and programmes
under the Aga Khan Health Services in Pakistan and the facilities of any other
institution on terms to be settled by it with the Aga Khan Health Services or
such institution.
(4) The University may enter into agreements, contracts and arrangements with
Governments, organisations, institutions, bodies and individuals for the
purpose of carrying out its functions and activities.
(5) The University may do all such other acts and things as may be requisite in
order to further the objects of the University.
(6) The University may, with the approval of the Chancellor, provide facilities
to the representatives of the University Grants Commission and the Pakistan
Medical and Dental Council for visitation to enable them to verify that
appropriate academic standards are being maintained by the University.
5. University open to all classes, creeds, etc.-The University shall be open to
all persons of either sex of whatever religion, race, creed, colour or domicile
who are academically qualified for admission to the courses of study offered by
the University, and no such person shall be denied the privileges of the
University on the ground only of sex, religion, creed, race, class, colour or
domicile.
6. The Patron.-The President of
7. Officers of the University.-The following shall be the officers of the
University, namely:---
(a) the Chancellor;
(b) the Pro-Chancellor; and
(c) the Rector.
8. The Chancellor.-(I) His Highness Prince Karim Aga Khan shall be the first Chancellor of the University and shall be succeeded by the Chairman of the Aga Khan Foundation for the time being.
(2) The Chancellor shall, when present, preside at convocations of the
University and meetings at which business of the University is transacted.
(3) Every proposal to confer an honorary degree shall be subject to confirmation
by the Chancellor.
9. The Pro-Chancellor.-(I) The Pro-Chancellor shall be appointed by the
Chancellor for such. period and on such terms and conditions as the Chancellor
may determine.
(2) At any time when the office of Chancellor is vacant, or the Chancellor is
absent or is unable to perform the functions of his office due to any cause,
the Pro-Chancellor shall act for him.
(3) The Pro-Chancellor shall perform ‘such other functions as may be entrusted
to him by the Chancellor.
10. The Rector.-(1) The Rector shall be appointed by the Chancellor for
such period and on such terms and conditions as the Chancellor may determine.
(2) The Rector shall be the chief academic and administrative officer of the
University and shall have overall responsibility for the direction,
organisation, administration and programmes of the University in accordance
with the guidelines and general policies formulated by the Board and for the
implementation of the decisions and policies of the Board in particular; he
shall,---
(a) Submit the plans of work and budget estimates of the University for the
approval of the Board;
(b) direct the activities connected with the execution of programmes for
instruction, training, research, demonstration, service and authorise
expenditure provided for in the budget as approved by the Board;
(c) appoint, with the approval of the Board where necessary, teachers, officers
and members of the staff of the University and such other persons as may be
necessary in accordance with policies and procedures approved by the Board so
at, to ensure the highest intellectual and moral qualities in-the persons
appointed;
(d) submit to the Board in accordance with the rules of procedure framed by it
report on the activities of the University and the execution of the plans of
work;
(e) prepare and revise from time to time rules and regulations for the
efficient and effective operation of the University; and
(f) provide the necessary services to the Board.
11. The Board of Trustees.-(1) The general supervision and control of the
affairs of the University; and the power to lay down the policies of the
University, shall vest in a Board of Trustees consisting of,---
(u) the Chairman, to be nominated by the Chancellor;
(b) four nominees of the Aga Khan Foundation, to be nominated by the Board of
the Foundation;
(c) a Judge of the High Court of Sind, to be nominated by the Chief Justice of
the Court;
(d) a ,member of the University Grants Commission, to be nominated by -the
Commission;
(e) a member of the Pakistan Medical and Dental Council not being below the
rank of professor, to be nominated by the Council;
(f ) a member to be nominated by the Chance. or;
(g) the Rector; and
(h) not more than three persons prominent because of their experience and
attainments, to be selected by the members referred to in paragraphs (a) to (g)
and approved by the Chancellor.
(2) The members of the Board, other than the Rector, shall hold office for a term of three years and shall be eligible for re-appointment on the expiry of their term:---
Provided that, in the case of the first Board constituted under this
Order, one-third of the members for the time being, other than the Rector, to
be determined by lot, shall retire from office on the expiration of one year
from such constitution, one-half of the remaining members, to be determined by lot,
shall retire from office on the expiration of two years from such constitution
and the remaining one-half shall retire from office on the expiration of the
third year.
(3) The office of a member of the Board shall become vacant if he resigns or
fails to attend three consecutive meetings of the Board without sufficient
cans- or leave of absence, or if his nomination is changed by the person
nominating him.
(4) A casual vacancy in the office of a member of the Board shall be filled by
a person nominated by the person or body who had nominated the member whose
vacancy is to be filled.
(5) Without prejudice to the generality of the provisions of clause (1), the
Board shall exercise and perform the powers and functions hereinafter
specified, namely:---
(a) to bold, control and administer the property, funds and resources of the
University and to borrow or raise money for the purposes of the University upon
such security as may be required;
(b) to formulate or approve the principles, policies, and plans governing the
activities and operations of the University so as to ensure that the academic
staff enjoy academic freedom in their research and educational work;
(c) to prepare or have prepared and revised from time to time rules and
regulations for the efficient and effective operation of the University;
(d) to review and approve the creation of any standing component of the
University, such as faculties, colleges, programmes, institutes, standing
committees and councils and other administrative bodies necessary to assist or
improve the working of the University;
(e) to approve the plans of work and annual budget of the University submitted
by the Rector;
(f) to require of, and consider reports submitted by- the Rector relating to
the activities of the University and the execution of the plans of work and to
direct the Rector to submit reports relating to any matters, specified bye the
Board;
(g) to create such academic or administrative posts as it may consider
necessary for the purposes of the University and to approve appointments to
such of these posts as it may specify, including the posts of deans, directors,
professors and associate professors;
(h) to undertake responsibility, for the financial integrity of the University,
including responsibility for ensuring effectiveness of its future operations,
their continuity and the preservation of the autonomy of the University;
(i) to approve all affiliations and other similar arrangements through which
institutions or individuals may become associated with the University;
(j) to appoint from amongst its members such committees or subcommittees
as may in the opinion of the Board lead to its- more efficient and effective
operation; and
(k) to “take all such initiatives as it may consider necessary or desirable for
the efficient and effective management and functioning of the University.
(6) The Board shall lay down its own rules of procedure and may amend or modify
them from time to time.
(7) The Board shall not start functioning until the Chairman and the members to
be nominated by the Chancellor have been nominated; and no act or proceeding of
the Board shall be invalid by reason only of the existence of a vacancy in, or
defect in the constitution of the Board.
12. Meetings of the Board, etc.-(1) The Board shall meet at least twice during a year for regular or scheduled meetings and may meet ‘at any other time at which a special meeting thereof may be called by the Chairman or requisitioned in writing by not less than four members of the Board.
(2) Not less then ten clear days’ notice of a special meeting shall be given to
the members of the Board and the agenda of the meeting shall be restricted to
the matters specified in the agenda to be annexed to such notice.
(3) The quorum for a meeting of the Board shall be one-half of its members, a
fraction being counted as one.
(4) The decision of the Board shall be expressed in terms of the views of the
majority of the members present and voting and, if the members are equally
divided, the Chairman shall have and exercise a second or casting vote.
13. Academic and administrative staff.-(1) The academic and administrative
staff of the University shall be selected with a view to achieving its stated
objectives and the basic criteria for their selection shall be the highest
standards of competence, integrity and efficiency.
(2) The academic staff of the University shall enjoy freedom of expression in
their research and educational work to achieve the objectives of University
specified in clause (2) of Article 4.
14. University Fund, audit and accounts.-(1) The University shall have a
Fund to which shall be credited its income from fees, donations, trusts,
bequests, endowments, grants, contributions and any other sources and which
shall be under the control of the Board.
(2) Capital and recurrent expenditure of the University shall be met from out
of the contribution made by the Aga Khan University Foundation and any other
sources, including other foundations, universities and individuals, and from
the income derived therefrom.
(3) No contribution, donation or grant which may directly. or indirectly
involve any immediate or subsequent financial liability for the University, or
which may involve an activity not included in its programmes for the time
being, shall be accepted without the prior approval oh the Board.
(4) The accounts of the University shall be maintained in such form and manner
as may be determined by the Board and shall be audited each year within four
months of the closing of the financial year of the University by a Chartered
Accountant appointed by the Board.
(5) The accounts, together with the report of the auditor thereon, shall be
submitted to the Board for approval.
(6) The auditor’s report shall certify that the auditor has complied with the
standards of audit and certification laid down. by the
15. Indemnity and bar of jurisdiction.-(1) No suit, prosecution or other
legal proceeding shall lie against any person or authority for anything which
is in good faith done or intended to be done under this Order.
(2) No decision taken, or act or thing done, by the Chancellor or the Board
shall be called in question before any Court or other authority.
16. Order to override other laws.-This Order shall have effect notwithstanding
anything contained in any other law for the time being in force.
17. Removal of difficulties.-(1) If any question arises as to the
interpretation of any of the provisions of this Order, 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 provision of this
Order, the Chancellor may make such order, not-inconsistent with the provisions
of this Order, as may appear to him to be necessary for removing the
difficulty.
(3) Where this Order makes any provision for anything to be done but no
provision or no sufficient provision has been made as respects the authority of
whom, or the time at which, or the manner in which, it shall be done, then, it
shall be done by such authority, at such time, or in such manner as the
Chancellor may direct.
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