Updated: Thursday January 09, 2014/AlKhamis
Rabi' Awwal 08, 1435/Bruhaspathivara
Pausa 19, 1935, at 08:09:11 PM
The
ORDINANCE V OF 2000
An Ordinance to provide for the
establishment of
[Gazette of
F.Nor.2(1)/2000-Pub., dated
7-2-2000.--The following Ordinance made by the President is hereby published
for general information:---
Whereas it is expedient to provide
for the establishment of
And whereas the National Assembly
and Senate stand suspended in pursuance of the Proclamation of Emergency of the
fourteenth day of October, 1999, and the Provisional Constitution Order No. l
as amended;
And whereas the President is
satisfied that circumstances exist which reader it necessary to take immediate
action;
Now, therefore, in pursuance of
Proclamation of the fourteenth day of October, 1999, and Provisional
Constitution Order No. l of 1999, as amended, as well as Order No.9 of 1999,
and in exercise of all powers enabling him in that behalf, the President of the
Islamic Republic of Pakistan is pleased to make and promulgate the following
Ordinance:---
1. Short title and commencement.--(1) This Ordinance may be called
the Bahria University Ordinance, 2000.
(2) It shall come into force at
once.
2. Definitions.--In this Ordinance, unless there
is anything repugnant in the subject or context,---
(a) “Academic Council” means the
Academic Council of the University constituted under section 19;
(b) “Affiliated Institution” means
an educational institution authorised by the Board to conduct academic
programmes approved by the University;
(c) “Authority” means any of the
Authorities of the University specified in section 15;
(d) “Board” means a Board of
Governors of the University constituted under section 16;
(e) “Chancellor” means the
Chancellor of the University;
(f) “Constituent Units” means the
Bahria Institutes of Management and Computer Sciences at Islamabad and Karachi,
the Pakistan Naval Academy, Manora, Karachi, the Pakistan Navy War College,
Lahore, the Institute of Professional Psychology, Karachi, the Bahria Colleges
at Islamabad and Karachi, the faculty of Earth and Environmental Sciences and
includes any other faculty or college instituted by the Board or any other unit
established by, or on the authority of the Board,
(g) “Committee” means the
Executive Committee of the University constituted under section 18;
(h) “Head” means the Head of a
College or Institution under the University by whatever name or designation;
(i) “Institute” means a teaching
unit of the University;
(ii) “Prescribed” means prescribed
by Regulations, Rules or Statutes;
(k) “Pro-Chancellor” means the
Pro-Chancellor appointed under section 8;
(1) “Rector” means the Rector of
the University appointed under section 9;
(m) “Registrar” means the
Registrar of the University;
(n) “Regulations, Rules and
Statutes” means Regulations, Rules and Statutes made or deemed to have been
made under this ordinance; and
(o) “University” means the
3. Establishment and incorporation
of the University.-(1)
There shall be established a University to be called the Bahria University
Islamabad consisting of,---
(i) the Chancellor, the
Pro-Chancellor, the Rector, the Registrar, the Directors;
(ii) the Governing bodies of the
Constituent Units by whatever names called;
(iii) the members of such other
councils, Committees and advisory bodies as the Board may establish or
authorize from time to time;
(iv) the members of the faculties
and students of the colleges and Constituent Units; and
(v) 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 Bahria University Islamabad 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.
(3) The principal seal of the
University shall be at
4. Purposes, 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 such branches of learning as the Board may deem
fit.
(2) The University shall be a
fully autonomous body with freedom to govern its academic and administrative
functions in order to achieve its objectives in general and in particular
freedom to,---
(a) determine courses of study in
management sciences, computer sciences, information and communication
technology, professional psychology, naval sciences, war and strategic,
studies, earth and environmental sciences and such other disciplines as it may
determine;
(b) determine courses of study at
the undergraduate level in its constituent units where applicable as well as in
its affiliated institutions; (c) select and examine students;
(d) award degrees, diplomas;
certificate and other academic distinctions;
(e) pursue and coordinate
research;
(f) affiliate itself or associate
with other institutions and establish faculties in
(g) decide teaching methods and
strategies in order to ensure the most effective educational and research
programmes;
(h) use the ,financial and other
resources allocated to it for the execution of its functions;
(i) confer in the manner
prescribed honorary degrees or other distinctions on persons approved by the
Board for the purpose; (j) confer degrees on persons who have carried on
independent research under prescribed conditions;
(k) provide for such instructions
for persons not being students of the University as it may determine and giant
certificates and diplomas to such persons;
(1) accept the examinations
passed, and the periods of study spent, by students of the University at other
Universities and places of learning as equivalent to such examinations and
periods of study in the University as it may determine, and to withdraw such
acceptance.
(m) Institute professorships,
associate professorships, assistant professorships, lectureships, research associate-ships
and other posts, and to make appointments thereto;
(n) create posts for teaching,
research, administration and other related purposes and to appoint persons
thereto;
(o) institute and award
fellowships, scholarships,, bursaries, medals and prizes under prescribed
conditions;
(p) establish institutes,
faculties, libraries, laboratories, workshops, museums and other centres of
learning for the development of teaching and research and make such
arrangements for their maintenance, management and administration as it may
determine;
(q) make provision for research
and advisory services and with these objectives to enter into arrangements with
other institutions or with public bodies within
(r).enter into, carry out, vary or
cancel contracts;
(s) receive and manage property
transfers and grants, bequests, trusts, gifts, donations, endowments and other
contributions made to it and invest any funds representing such property,
grants, bequests, trusts, gifts, donations, endowments or contributions and
convert one kind of property into another, in such manner as it may deem fit;
(t) provide for the printing and
publication of research and other works;
(u) authorise and agree when
warranted by the circumstances to the mobility of qualified staff among
Universities, research organizations and the Government or corporate bodies;
provided that the rights and privileges of the staff under this arrangement
shall be protected; and
(v) do all such other acts and
things, whether incidental to the powers aforesaid or not, as may be required
in order to further its objectives as a place of education, learning and
research.
(3) The principal teaching
facilities of the University shall be in the Constituent Units and such other
colleges and institutes as may be determined by the Board from time to time.
(4) Academic activities,
examinations and syllabi at the colleges and institutes referred to in
subsection (3) shall be in conformity with such conditions as the University may
prescribe.
(5) The University may, with the
approval of the Board, provide facilities to the representatives of the
University Grants Commission and the Pakistan Navy or such relevant
organizations for visitation to enable them to verify and ensure that appropriate
academic standards are being maintained by it.
5. University open to all classes,
creeds etc.--The
University shall be open to all persons of either sex without prejudice of
religion, race, class, creed, colour or domicile who qualify for admission for
the courses of study offered by it based on the criteria an determined by the
Board, and no such person shall be denied the privileges of the University on
the ground of sex, religion, race, class, creed, colour or domicile.
6. Officers of the University.--The following shall be the
officers of the University, namely:---
(a) The Chancellor;
(b) the Pro-Chancellor;
(c) the Rector;
(d) the Registrar;
(e) the Director of Examinations
and Academic Affairs;
(f) the Director Finance;
(g) the Director of Research and
Development;
(h) heads of Constituent Units and
Faculties; and
(i) such other persons as may, be
prescribed to be officers by the Board:---
7. Chancellor.--(1) The President of the Islamic
Republic of Pakistan shall be the Chancellor of the University.
(2) The Chancellor shall preside
over the convocations of the University and meetings at which his presence is
desirable in the light of the business being transacted.
(3) In the absence of the
Chancellor, the Pro-Chancellor of the Rector shall preside at convocation of
the University.
(4) Every proposal to confer an
honorary degree shall be subject to confirmation by the Chancellor.
(5) If the Chancellor is satisfied
that the proceedings or orders of any authority are not in accordance with the
provisions of this Ordinance, the statutes, regulations or the rules, he may,
after calling upon such authority to show cause in writing, annul such
proceedings or orders.
8. Pro-Chancellor.--(1) The Chancellor shall
appoint an educationist of repute as Pro-Chancellor for such period and on such
terms and conditions as he may determine.
(2) The Pro-Chancellor shall act
for the Chancellor at any time when the office of the Chancellor is vacant, or
the Chancellor is absent or is unable to perform the functions of his office
due to any cause.
(3) The Pro-Chancellor shall
perform such other functions as may be entrusted to him by the Chancellor.
9. Rector.--(1) The Board shall appoint an
educationist of good repute and experience as Rector to ensure the disciplined
educational environment visualized for the University.
(2) The Rector shall hold office
for a term of three years and shall be eligible for reappointment for a similar
term or such shorter period on such terms and conditions as the Board may
determine.
(3) The Rector shall be the Chief
Executive of the University in all fields of academics and administration, and
shall have overall responsibility for the direction, organization,
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 and shall, without prejudice to the
provisions of section 4,---
(a) oversee, monitor and supervise
all academic activities, including examinations and applied research to ensure
that proper academic standards are maintained;
(b) exercise administrative
control over the academic and administrative staff employed by the University
including their recruitment;
(c) submit the plans of work and
budget estimates of the University for the approval of the Board;
(d) direct the activities
connected with execution of programmes for instruction, training, research,
demonstration and service, and authorise expenditure provided for in the budget
as approved by the Board;
(e) make appointments to academic
and non-academic positions that he has been authorized in accordance with the
policies and procedures approved by the Board so as to ensure the highest
intellectual and moral qualities in the persons appointed;
(f) appoint, subject to approval
of the Board, on contract, teachers, officers and members of staff of the
University and such other persons as may be necessary for a period not
exceeding two years;
(g) submit to the Board, in
accordance with the rules of procedure framed by it, reports on the activities
of the University and the execution of the plans of works;
(h) prepare and revise from time
to time statutes and regulations with the approval of the Board for the
efficient and effective operations of the University; and
(k) provide necessary assistance
to the Board in its functioning.
10. Registrar.--The Registrar shall be mainly
responsible for the maintenance of University records, student affairs and
administration and in addition, he may, be entrusted with other
responsibilities by the Board of Governors, the Executive Committee or the
Rector as considered appropriate and necessary.
11. Director of examinations and
academic affairs.--There
shall be a Director Examinations and Academic Affairs who shall deal with all
matters concerning examinations and coordination with constituent and
affiliated institutions and shall be responsible for policy-making
.coordinating and overseeing all activities relating to academics, research and
development.
12. Director Finance.--The Director Finance shall be
mainly responsible for the proper and judicious management of the University
funds received from various sources in accordance with the policies laid by the
Board of Governors.
13. Director (Research and Development).--There shall be a Director
(Research and Development) who shall be responsible for providing guidelines
and coordinating all arrangements for research and development activities in
the University and its Constituent Units. He shall also perform such other
duties may be assigned to him by the Rector.
14. Heads of Constituent Units.--The Heads of Constituent Units
shall be appointed in the manner and on the terms and conditions prescribed who
shall, in addition to their positions as academic heads, abide by the academic
rules and requirements of syllabi, conduct of examinations etc. prescribed by
the University and perform their duties as executive heads of their respective
institutions.
15. Authorities.--The following shall be the
authorities of the University, namely:---
(a) The Board of Governors;
(b) the Executive Committee;
(c) the Academic Council;
(d) the Faculty Board of Studies;
(e) the Selection Board;
(f) the Finance and Planning
Committee;
(g) governing bodies of
Constituent Units by whatever name called; and
(h) such other authorities as may
be prescribed.
16. Board of Governors.--(1) The general supervision and
control of the affairs of the University and the powers to lay down the
policies shall vest in the Board of Governors consisting of,---
(i) the Chief of the Naval Staff
who shall be the ex officio .Chairman of the Board;
(ii) the Deputy Chief of Naval
Staff (Training and Personnel);
(iii) Principal Staff officers or
administrative authorities as approved by the Chairman of the Board;
(iv) the Rector;
(v) Chairman, University Grants
Commission, or his nominee not below the rank of a whole-time member;
(vi) Secretary, Ministry of
Education, Government of Pakistan, or his nominee not below the rank of Joint
Secretary;
(vii) Secretary, Ministry of
Finance, Government of Pakistan, or his nominee not below the rank of Joint
Secretary;
(viii) Secretary, Ministry of
Science and Technology, Government of Pakistan, or his nominee not below the
rank of Joint Secretary;
(ix) Vice-Chancellor or Rector of
a recognized
(x) Director Naval Educational
Services, NHQ,
(xi) the Heads of Constituent
Units;
(xii) two nominees from the
industrial or financial sector nominated by the Board of Governors for a period
of two years.
(xiii) two renowned educationists
as approved by the Chairman of the Board; and
(xiv) Deans Faculty of Arts and
Sciences of the Bahria Institutes.
(2) Registrar will be the member
and shall act as Secretary of the Board but shall not be entitled to vote.
(3) The Chancellor may, in
consultation with the Board, appoint any other person, including a scientist or
educationist, as members of the Board.
(4) The Board may direct any
officer, member of the faculty or any other person to be in attendance during
all or any of its meetings.
(5) Without prejudice to the
generality of subsection (1), the Board shall exercise the powers and perform
the functions hereinafter specified, namely:---
(a) To hold, 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 enjoys 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, 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 Director Finance which
shall include the budgets of constituent institutions and colleges;
(f) to require and consider
reports submitted by the officers of the University 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 matter specified by 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 recommended by the Selection Board and
such of these posts as it may specify, including the posts of deans, directors,
professors, associate professors, assistant professors, lecturers and
demonstrators;
(h) to approve selection and
appointment of all administrative and academic staff of the University made by
the person or body authorised to make the appointment;
(i) to fix scales of pay,
allowances and honoraria for all the staff, both academic and administrative
recommended by the governing bodies of Constituent Units commensurate with
their qualifications and experience, in order to attract the best talent from
within and outside Pakistan for the University;
(j) to fix the scales of pay,
allowances and honoraria of the academic and non-academic employees deployed in
the headquarters of the University;
(k) to undertake responsibility
for the financial integrity of the University, including responsibility for
ensuring effectiveness of its future operations and their continuity and the
preservation of the autonomy of the University;
(1) to approve all affiliations
and other similar arrangements through which colleges, institutions or
individuals may become associated with the University within
(m) to appoint from amongst its
members such Committees or sub-Committees as may in the opinion of the Board
lead to its more efficient and effective operation; and
(n) to approve the recommendations
of governing bodies of constituent units submitted to it for the purpose and 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.
(7) The Board may delegate all or
any of its powers and functions to a committee, sub-committee, the Rector or
any other officer.
17. Meeting 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 of
the Board.
(2)-Not less than 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 not be less than fifty per cent. of its members.
18. Executive Committee.--(1) The Executive Committee
shall comprise the following, namely:---
(i) The Rector, who shall be the
Chairman of the Executive Committee;
(ii) a nominee of the Board of
Governors;
(iii) a nominee of the University
Grants Commission not below the rank of a B-20 officer;
(iv) a nominee of the Ministry of
Education not below the rank of a B-19 officer;
(v) a nominee of the Directorate
of Naval Educational Services;
(vi) Heads of the Constituent
Units whose presence is essential in the light of the agenda; and
(vii) the Registrar who shall act
as Secretary of the Committee.
(2) The Executive Committee shall
deliberate on various aspects related to the functioning of the University and
recommend specific measures to the Board for approval and shall, in
particular,---
(a) delineate priorities for
research;
(b) recommend allocation of
training and research funds to the Colleges and. Institutes;
(c) guide and direct the Academic
Council and the Faculty Board of Studies of each college and institute on all
matters relating to academics, including syllabi and duration of various
courses;
(d) recommend disciplines for all
academic studies in the colleges and institutes and help in creation of
necessary infrastructure for the same;
(e) help induct-highly-Competent
scientific and technical talent into the faculty of each constituent unit to
enhance the guilty of education and research;---
(f) prescribed guidelines for
proper and efficient conduct of professional examinations at the constituent
and affiliated institutions;
(g) recommend such measures which
would foster and enhance interaction and collaboration between the University
and the existing National and International organizations, institutions and
research centres and the industrial base;
(h) recommend apportioning of the
national research and development budget for the University;
(i) deliberate on, and propose„
affiliation measures with foreign institutions of repute;
(j) decide methods and strategies
in order to ensure the most effective scientific and technological programmes;
(k) coordinate with relevant
Government Ministries, Universities and the University Grants Commission;
(1) propose Statutes to the Board
for approval; and
(m) prepare regulations for
approval by the Board.
19. Academic Council.--(1) There shall be an Academic
Council, headed by the Rector, to lay down academic policies to further the
objectives and functions of the University for the maintenance of the
excellence of its academic programmes.
(2) Heads of all Constituent Units
and teachers of the rank of professor shall be members of the Academic Council
in addition to two eminent scholars nominated for a period of two years by the
Board. The Director of Examinations and Academic Affairs shall act as Secretary
of the Academic Council which shall frame its own rules of business.
(3) The Academic Council shall act
as an advisory as well as an implementing body for the decisions of the
Executive Committee on all matters relating to the conduct of examinations,
revision and updating of courses syllabi, quality of education and duration of
all courses including conduct of postgraduate classes in specified disciplines.
(4) The Academic Council shall
also help the Rector in evaluating the performance of constituent and
affiliated institutions and recommending measures for improvement.
20. Faculty Board of Studies.--(1) The Faculty Board of Studies
of each Constituent Unit shall consist of the members appointed by the
governing body of the each unit which shall also prescribe the tenure office of
the members.
(2) The Faculty Board of Studies
shall,---
(i) implement the decisions of the
Board, the Executive Committee and the Academic Council on all matters relating
to academic standards, examinations and research;
(ii) ensure feedback of the
implemented measures on research and academic matters to the Rector; and
(iii) work out and report to the
Rector details of funding required for research.
21. Selection Board.--(1) The Selection Board shall be
responsible for conducting interviews and organizing tests for appointments
determined to be in its purview by the Board including all academic positions.
(2) The Selection Board shall
comprise the following, namely:---
(i) The Rector who shall be its
Chairman;
(ii) two subject experts in the
subject concerned drawn from a list approved by the Board but not serving in
the University or its Constituent Units. In the case of position of Associate
Professor and Professor the experts must be those to whom the research
documents of candidates have been sent for assessment;
(iii) the whole, time member of
the University Grants Commission or his nominee;
(iv) a nominee of the Directorate
Naval Educational Services, NHQ,
(v) the senior most teacher in the
subject for which the interview is being conducted drawn from the Constituent
Unit in which appointment is to be made. In the case of non-academic positions
the senior most officer in the area in which appointment is to be made;
(vi) the head of the Constituent
Unit where the appointment is to be made; and
(vii) Registrar who shall act as
Secretary of the Selection Board.
22. Governing Bodies for Constituent
Units.--(1) The
University may set up a separate governing body for each Constituent Unit
consisting of such persons as it may determine. The Registrar shall be ex
officio member of the Governing body of constituent unit.
(2) The members of the existing
bodies shall continue to operate with suitable representation from the
University headquarters subject to ratification by the Board in its first
meeting and shall consist of suitably qualified persons appointed by the Board
of Governors.
(3) The business of the governing
bodies shall be regulated by the Board as may be prescribed.
23. Finance and Planning
Committee.--There
shall be a Finance and Planning Committee which shall,---
(a) be responsible to make all
financial policies and financial rules for the University;
(b) approve annual budget
estimates of Constituent Units and the University;
(c) submit to the Board an annual
statement regarding the performance of the constituent; and
(d) make recommendations to the
Board for approval of the audited statement of accounts.
24. Academic and Non-academic
employees.--The
Academic and nonacademic employees of the University, including its Constituent
Units, shall be selected with a view to achieving its objectives and the basic
criteria for their selection shall be the highest standards of competence,
integrity and proficiency.
25. Statutes.--(l) Subject to the provisions of
this Ordinance, Statutes may be made to regulate, or prescribe all or any of
the following matters, namely:---
(a) Creation of Institutes and
faculties;
(b) service, pension and fringe
benefits for the University employees (including those in its Constituent
Units) and terms and conditions of their service;
(c) conditions for appointment of
Professors Emeritus and award of honorary degrees;
(d) efficiency and discipline of
the University employees; and
(e) all other matters required to
be regulated by Statutes.
(2) Draft Statutes shall be
proposed by the Executive Committee for approval by the Board which may approve
or refer them back for reconsideration.
(3) No Statute shall be valid
until it has been approved by the Board.
(4) Statutes that are already in
operation shall be ratified by the Board and shall not be altered to the
disadvantage of the employees being governed under statutes, rules and
regulations made earlier which shall be deemed to be Statutes, Rules and
Regulations made under this Ordinance.
26. Regulations.--(1) Subject to the provisions of
this Ordinance and the Statutes, the Committee may make regulations for all or
any of the following matters, namely:---
(a) Scheme of studies and
research, including the duration of courses, number of subjects or papers for
examination;
(b) syllabi and courses of study
and research programmes leading to degrees, diploma3 or certificates;
(c) methodology for selection and
admission of students;
(d) conduct and supervision of
examinations, appointment of examiners and scrutiny and tabulation of results;
(e) determination of fees and
other charges for admission to various courses;
(f) maintenance of discipline
among students and schemes for their welfare;
(g) institution of fellowships,
scholarships, prizes and medals, honourarium and other financial assistance to
students and research scholars;
(h) conduct of convocations and
the manner in which they are to be conducted; and
(i) all other academic matters
which are to be or may be prescribed by regulations.
(2) The regulations shall be
approved by the Board on the recommendation of the Committee.
(3) No regulation shall be valid
until it has been approved by the Board.
27. Rules.--The Executive Committee may make
Rules for implementation of Statutes or Regulations where so required under the
Statutes or Regulations or make Rules to regulate any matter relating to the
affairs of the University which under this Ordinance are not specifically
required to be provided for by the Statutes or the Regulations.
28. University funds, audit and
accounts.--(1)
The University shall have a fund to which shall be credited all direct
donations, trusts, bequests, endowments, grants, proportionate budget from the
Government, assistance from International Agencies, contributions, shares of
fee and income from any other sources and which shall be under the control of
the Board.
(2) The Constituent Units shall be
financed from the following sources, namely:---
(a) Annual budgets from their
respective service headquarters or ministries;
(b) proportionate share of fees,
including examination fees through the University budget;
(c) any grants from the
Government;
(d) any sale of royalties or
publications; and
(e) any assistance from the
University Fund as decided by the Board.
(3) Capital and recurring
expenditure of the University shall be met from the allocation made by the
Board out of the University Fund.
(4) 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 prior approval
of the Board.
(5) 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 six months of the closing of the
financial year of the University by the Controller of Naval Accounts audit team
or a Chartered Accountant appointed by the Board.
(6) The accounts together with the
report of the auditor thereon, shall be submitted to the Board for approval.
(7) The auditor’s report shall
certify that the auditor has complied with the standards of audit and
certification laid down by the Institute of Chartered Accountants of Pakistan.
29. Indemnity and bar of
jurisdiction.--(1)
No suit, prosecution or other legal proceedings shall lie against any person or
authority for anything which is in good faith done under this Ordinance.
(2) No decision taken, or act or
thing done, by the Chancellor, the Rector or the Board shall be called in
question before any Court or other authority.
30. Retirement and re-employment.--An officer, teacher or other
employee of the University shall retire from service on attaining the age of
sixty years or as provided in the terms of appointment and on retirement may be
employed in the manner prescribed by the Board on contract in specially deserving
cases.
Explanation.--In this section
competent authority means the appointing authority or a person duly authorised
by the appointing authority in that behalf, not being a person lower in rank to
the officer, teacher or to her employee concerned.
31. Pension, insurance, gratuity,
provident fund and benevolent fund.--(1) The University shall constitute for the benefit of its
officers, teachers and other employees in such manner and subject to such
conditions as may be prescribed such pension, insurance, gratuity, provident
fund and benevolent fund or other welfare schemes as it may deem fit.
(2) Benefits in the areas referred
to above that are already in operation shall continue to remain in force and
shall not be altered to the disadvantage of the beneficiaries who shall be
given the option to continue to be governed by its provisions or those that are
framed under the provisions of this Ordinance.
(3) The provisions of the
Provident Funds Act, 1925 (XIX of 1925), where any provident fund is or has
been constituted shall apply to such fund as if it were the Government
Provident Fund.
32.
33. Appeal to, and review by, the
Board.--(1) Where
an order is passed punishing any officer (other than the Rector), 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 the Rector or any other officer or teacher of the
University, have the right to appeal to the Board against the order, and where
the order is made by the Board have the right to apply to that authority for
review of the said order.
(2) The appeal or application for
review shall be submitted to the Registrar who shall place it before the Board
with the views of the Rector.
(3) No order on an appeal or
application for review shall be passed without affording to the appellant or
applicant, as the case may be, an opportunity of being heard.
34. Commencement of term of office
of members of authorities:-The term of office of a newly appointed or nominated person on a
body or authority shall be as fixed under this Ordinance and shall commence
from such date as may be prescribed.
35. Filling of casual vacancies in
authorities.--Any
casual vacancy among the appointed or nominated member of any authority shall
be filled, as soon as conveniently may be, by the person or the body who
appointed or nominated the member whose place has become vacant and the person
appointed or nominated to the vacancy shall be a member of such authority for
the residues of the term for which the person whose place he fills would have
been a member.
36. Filling of vacancies in
authorities in certain circumstances. Where a vacancy in the membership of an authority other
than the Board cannot be filled because,---
(a) the office of which the
holder, was a member of the authority ex officio having ceased to exist;
(b) the organization, institution
or other body, other than the University having either ceased to exist or to
function; or
(c) 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 Board may direct; and
(d) vacancies in the membership of
the Board of Governors that may have been caused for reasons mentioned in the
foregoing sub-clauses of this section shall be filled in the manner as the
Chancellor may determine.
37. Disputes about membership of
authorities etc.-A
person nominated or appointed to any authority shall cease to be a member of
such authority as soon as he ceases to hold the position by virtue of which he
was nominated or appointed.
38. Proceedings of authorities not
invalidated by vacancies.--No act, proceedings, 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 appointment or nomination of any member of the authority.
39. Interpretation.---Any question that may arise as to
the interpretation of any of the provisions of the Ordinance shall be placed
before the Board whose decision thereon will be final.
40. Removal of difficulties.-If any difficulty arises in
giving effect to any provision of this Ordinance, the Board may make such order
or direction, not inconsistent with the provisions of this Ordinance, as may
appear to it to be necessary for the purpose of removing such difficulty.
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