Updated: Friday September 23, 2016/AlJumaa Thoul Hijjah 21, 1437/Sukravara Asvina 01, 1938, at 11:30:12 AM

The Dawood College of Engineering and Technology, Karachi Ordinance, 2007

ORDINANCE No. LXIII OF 2007

AN

ORDINANCE

to provide for granting degree awarding status to the Dawood College of Engineering and Technology

WHEREAS is expedient to make provisions to grant degree awarding status to the Dawood College of Engineering and Technology, Karachi and for matters connected therewith or ancillary thereto;

AND WHEREAS the National Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan; the President is pleased to make and promulgate the following Ordinance:---

CHAPTER 1

PRELIMINARY

1. Short title and commencement.—( I) This ordinance may be called the Dawood College of Engineering and Technology, Karachi Ordinance, 2007.

(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 College established under section21;

(b) “Authority” means any of the Authorities of the College specified in section 15;

(c) “campus” means campus of the College;

(d) “Chancellor” means the Chancellor of the College;

(e) “College” means the Dawood College of Engineering and Technology, Karachi;

(f) “College Teacher or teacher” means a whole time teacher appointed and paid by the College, or its campus which includes Professors, Associate Processors. Assistant Professors and Lecturers;

(g) “Commission” Means the Higher Education Commissions set up under the Higher Education Commission Ordinance, 2002 (LIE of 2002);

(h) “Dean” means the head of a Faculty or the head of an academic body granted the status of a Faculty under this Ordinance or by the • statutes or regulations; '

(i) “Department” means a teaching department maintained and administered, or recognized by the College in the manner prescribed;

(j) “Director” means the head of a campus;

(k) “Faculty” means an administrative and academic unit of the College consisting of one or more departments, as prescribed;

(I) “Government” means the Federal Government;

(m) “prescribed” means• prescribed by statutes, regulations or rules made under the Ordinance:

(n) “Principal” means the Principal of the Dawood College of Engineering and Technology;

(o) “Representation Committees” means the Representation Committees constituted under section 23;

(p) “Review Panel” means the Review Panel set up by the Chancellor in accordance with the provisions of section 8;

(q) “Search Committee” means the Search Committee set up by the Senate under section 11;

(r) “Senate” means the Senate of the College;

(s) “statutes”, “regulations” and “rules” means respectively the statutes. the regulations and the rules made under this Ordinance and for the time being in force: and

(t) “Syndicate” means the Syndicate of the College;

CHAPTER II

THE COLLEGE

3. Incorporation.—(1 ) The Dawood College of Engineering and Technology. Karachi is hereby reconstituted and set up as a degree awarded institution.

(2) The College shall consist of the following, namely:---

(a) the Chancellor, the Principal and the members of the Senate:

(b) the members of the Authorities of the College established under section I5:

(c) all College Teachers and persons recognized as students of the College accordance with terms prescribed from time to time: and

(d) all other full-time officers and members of the staff of the College.

(3) The College shall be a body corporate known as the Dawood College of Engineering and Technology, Karachi and shall have perpetual succession and a common seal, and may sue and be sued by the Said name.

(4) The College 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.

(5) Notwithstanding anything contained in any other law for the time being in force, the College shall have academic, financial and administrative autonomy, including the power to employ officers, teachers and other employees on such terms as may be prescribed, subject to the provisions of this Ordinance and the Higher Education Commission Ordinance, 2002 (LIII of 2002). In particular, and without prejudice to the authority granted to the Commission by the law, the Government or an authority or auditor appointed by the Government shall have no power to question the policy underlying the allocation of resources approved by the Senate in the annual budget of the College.

(6) All properties, rights and interests of whatever kind, used, enjoyed. possessed, owned or vested in or held in trust by or for the College and liabilities legally subsisting against the College in existence shall pass to the College re-constituted under this Ordinance.

4. Powers and purposes of the College.—The College shall have the following powers, namely:---

(i) to provide for education and scholarship in such branches of knowledge as it may deem fit, and to make provision for research, service to society and for the application, advancement and dissemination of knowledge in such manner as it may determine;

(ii) to prescribe courses of studies to be conducted by it and in its campuses;

(iii) to hold examinations and to award and 'confer degrees, diplomas, certificates and other academic distinctions to and on persons who have been admitted to and have passed its examinations under prescribed conditions;

(iv) to prescribe. the terms and conditions of employment of the officers, teachers and other employees of the College and to lay down terms and conditions that may be different from those applicable to government servants in general;

(v) to engage, where necessary, persons on contracts of specified duration and to specify the terms of each engagement;

(vi) to confer honorary degrees or other distinctions on approved persons in the manner prescribed;

(vii) to provide for instruction for persons not being students of the College as it may prescribe, and to grant certificates and diplomas to such persons;

(viii) to institute programmed for the exchange of students and teachers between the College and other universities educational institutions and research organizations, inside as well as outside Pakistan;

(ix) to provide career counseling and job search services to students and alumni;

(x) to maintain linkages with alumni;

(xi) to develop and implement fund-raising plans;

(xii) to provide and support the academic development of the faculty of the College;

(xiii) to confer degrees on persons who have carried on independent research under prescribed conditions;

(xiv) to accept the examinations passed and the period of study undertaken by students of the College' t other Universities and places of learning equivalent to such examinations and periods of study in the College, as it may prescribe, and to withdraw such acceptance;

(xv) to co-operate with other universities, public authorities or private organizations, inside as well as outside Pakistan. in such manner and for such purposes as may be prescribed;

(xvi) to institute Professorships, Associate Professorships. Assistant Professorships Lectureships and any other posts and to appoint persons thereto;

(xvii) to create posts for research; extension, administration and other related purposes and to appoint persons thereto;

(xviii) to recognize selected members of the teaching staff of educational institutions admitted to the privileges of the College or such other persons as it may deem lit. as College teachers;

(xix) to institute and award financial assistance .to students in need. fellowships, scholarships, bursaries, medals and prizes Under prescribed conditions;

(xx) to establish teaching departments, schools, faculties, institutes, museums and other centers of learning for the development of teaching r. and research and to make such arrangements for their maintenance, management and administration as it may prescribe; (xxi) to Provide for the residence of the students of the College, to institute and maintain halls of residence and to approve or license hostels and lodging;

(xxii) to maintain order, discipline and security on the campuses of the College;

(xxiii) to promote the extra curricular and recreational Activities of such students, and to make arrangements for promoting their health and general welfare;

(xxiv) to demand and receive such fees and other charges as it may determine;

(xxv) to make provision for research, advisory or consultancy services and with these objects to enter into arrangements with other institutions.' public or private bodies, commercial and industrial enterprises under prescribed conditions;

(xxvi) to enter into, carry but, vary or cancel contracts;

(xxvii) to receive and manage property transferred and grants, contributions made to the College and to invest any fund representing such property, grants, bequests, trusts, gifts, donations, endowments or contributions in such manner as it may deem fit;

(xxviii) to provide for the printing and publication of research and other works; and

(xxix) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite or expedient in order to further the objectives of the College as a place of education, learning, and research.

5. College open to all classes, creeds; etc.—The College shall be open to all persons of either gender and of what ever religion, caste, nice, creed, class, colour or domicile and no person shall be denied the privileges of the College on the grounds of gender, religion, race caste, creed, class, colour or domicile.

6. Teaching at the College.—(l) All recognized teaching in various courses shall be conducted by the College or its campuses in the prescribed manner and may include lectures, tutorials, discussions, seminars, demonstrations, distance learning and other methods of instruction as well as practical work in the laboratories, hospitals, workshops and other governmental or private organizations.

(2) The authority responsible for organizing recognized teaching shall be such as may be prescribed.

CHAPTER III

OFFICERS OF THE COLLEGE

7. Principal Officers.-The following shall be the principal officers of the College namely:---

(a) the Chancellor;

(b) the Principal;

(c) the Deans;

(d) the Directors of the campuses;

(e) the Chairpersons of the Departments;

(f) the Registrar;

(g) the Treasurer;

(h) the Controller of Examinations; and

(i) such other persons as may be prescribed by the statutes or regulations to be the principal officers of the College.

8. Chancellor.— (1)The President of Pakistan shall be the Chancellor of the College and the Chairperson of the Senate.

(2) The Chancellor shall, when present preside at the meetings of the Senate and the convocation of the College. In the absence of the Chancellor the Senate may request a person of eminence to preside over the meeting of the Senate or convocation of the College.

(3) The members of the Senate as well as the Principal shall be appointed by the Chancellor from amongst the persons recommended by the Representation Committee set up for this purpose or the Search Committee established in accordance with this Ordinance and the statutes, as the case may be, along with those elected.

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

(5) If the Chancellor is satisfied that serious irregularity or mismanagement with respect to the affairs of the College has occurred, he may,---

(a) as regards proceedings of the Senate, direct that specified proceedings he reconsidered and appropriate action taken within one month of the direction having been issued:---

Provided that if the Chancellor is satisfied that either no reconsideration has been carried out or that the reconsideration has failed to address the concern expressed, he may, after calling upon the Senate to show cause in writing, appoint a five member Review Panel to examine and report to the Chancellor on the functioning of the Senate. The report of the Review Panel shall be submitted within such time as may be prescribed by the Chancellor. The Review Panel shall be drawn trim persons of eminence in academics and in the fields of law: accountancy and administration; and

(b) as regards proceedings of any Authority or with respect to matters within the competence of any Authority other than the Senate, direct the Senate to exercise powers under section 17.

9. Removal from the Senate.-(l) The Chancellor may, upon the recommendation of the Review Panel., remove any person from the membership of the Senate on the ground that such person,---

(a) has become of unsound mind;

(b) has become incapacitated to function as member of the Senate;

(c) has been convicted by a court of law for an offence involving moral turpitude;

(d) has absented himself from two consecutive meetings without just cause: Or

(e) has been guilty of misconduct, including use of position for personal advantage of any kind, or gross inefficiency in the performance of function.

(2) The Chancellor shall remove any person from the membership of the Senate on a resolution calling for the -removal of such person supported by at least three-fourths of the membership of the Senate:---

Provided that before passing such resolution, the Senate shall provide the member concerned a fair hearing:---

Provided further that the provisions of this section shall not, be applicable to the Principal in his capacity as a member of the Senate.

10. Principal.—(1)There shall be a Principal of the College who shall be an eminent academic or a distinguished administrator and shall be appointed on such terms and conditions as may be prescribed.

(2) The Principal shall be the chief executive officer of the College. responsible for all administrative and academic functions of the College and for ensuring that the provisions of this Ordinance, statutes, regulations and rules are faithfully observed in order to promote the general efficiency and good order of the College. The Principal shall have all powers prescribed for this purpose including administrative control over the officers, teachers and other employees of the College.

(3) The Principal shall, if present, be entitled to attend any meeting of any Authority or body of the College.

(4) The Principal may, in an emergency that in his opinion requires immediate action ordinarily not in the competence of the. Principal, take such action and forward, within seventy-two hours; a report of the action taken to the members of the Emergency Committee of the Senate, to be set up by statute. The Emergency Committee may direct such further action as is considered appropriate.

(5) The Principal shall also have the following powers, namely:---

(a) to direct teachers, officers and other employees of the College to take up such assignments in connection with examination, administration and such other activities in the College as he may consider necessary for the purposes of the College;

(b) to sanction by re-appropriation an amount not exceeding an amount prescribed by the Senate for unforeseen item not provided for in the budget and report it to the Senate at the next meeting;

(c) to make appointment of such categories of employees of the College and in such manner as may be prescribed by the statutes;

(d) to suspend, punish and remove in accordance with prescribed procedure, from service officers, teachers and other employees of the College except those appointed by or with the approval of the Senate;

(e) to delegate, subject to such conditions as may be prescribed, any of his powers under this Ordinance to an officer or officers of the College; and

(f) to exercise and perform such other powers and functions as may be prescribed.

(6) The Principal shall present an annual report before the Senate within three months of the close of the academic year. The annual report shall present such information as regards the academic year under review as may be prescribed, including disclosure of all relevant facts pertaining to,---

(a) academics;

(b) research;

(c) administration; and

(d) finances.

(7) The Principal's annual report shall be made available, prior to its presentation before the Senate, to all officers and College Teachers and shall he published in such numbers as are required to ensure its wide circulation.

11. Appointment and removal of the Principal.-(1) The Principal shall be appointed by the Chancellor on the basis of recommendations made by the Senate.

(2) A Search Committee for the recommendation of persons suitable for appointment as Principal shall be constituted by the Senate on the date and in the manner prescribed by the statutes and shall consist of two eminent, members of society nominated by the Chancellor, of whom one shall be appointed the Convener, two members of the Senate, two distinguished College Teachers who are not members of the Senate and one academic of eminence not employed by the College. The two distinguished College Teachers shall be selected by the Senate through a process, to be prescribed by statute that provides for the recommendation of suitable 'names by the College Teachers in general the search Committee shall remain in existence till such time that the appointment of the next Principal has been made by the Chancellor.

(3) The persons proposed by the Search Committee for appointment as Principal be considered by the Senate and of these a panel of three, in order of priority, shall be recommended by the Senate to the Chancellor:---

Provided that the Chancellor may decline to appoint any of the three persons recommended and seek recommendation of a fresh panel. In the event of a fresh recommendation being sought by the Chancellor the search Committee shall I make a proposal to the Senate in the prescribed manner.

(4) The Principal shall be appointed for a renewable tenure of five year's on terms and conditions prescribed by statute. The tenure of an incumbent Principal shall be renewed by the Chancellor on receipt of a resolution of the Senate in support of such renewal:---

Provided that the Chancellor may call upon the Senate to reconsider such resolution once.

(5) The Senate may, pursuant to a resolution in this behalf passed by three-fourths of its membership, recommend to the Chancellor the removal of the Principal on the ground of inefficiency, moral turpitude or physical or mental incapacity or gross misconduct including misuse of position for personal advantage of any kind:---

Provided that the Chancellor may make a reference to the Senate stating the instances of inefficiency, moral turpitude or physical or mental incapacity or gross misconduct on the part of the Principal that have come to his notice. After consideration of the reference the Senate may, pursuant to a resolution in this behalf passed by two-thirds of its membership, recommend to the Chancellor the removal of the Principal:---

Provided further that prior to a resolution for the removal of the Principal being voted upon the Principal shall be given an opportunity of being heard.

(6) A resolution recommending the removal of the Principal shall be submitted to the Chancellor forthwith. The -Chancellor may accept the recommendation and order removal of the Principal or return the recommendation to the Senate.

(7) At any time when the office of the Principal is vacant, or the Principal is absent or is unable to perform the functions of his office due to illness or some other cause, the Senate shall make such arrangements for the performance of the duties of the Principal as it May deem fit.

12. Registrar.—(1) There shall be a Registrar of the College to be appointed by the Senate on the recommendation of the Principal, on such terms and conditions as may be prescribed.

(2) The experience as well as the professional and academic qualifications necessary for appointment to the post of the Registrar shall be as may be prescribed.

(3) The Registrar shall be a full-time officer of the College and shall,---

(a) be the administrative head of the-secretariat of the College and be responsible for the provision of secretariat support to the Authorities of the College;

(b) be the custodian of the common seal and the academic records of the College;

(c) maintain a register of registered graduates in the prescribed manner;

(d) supervise the process of election, appointment or nomination of members to. the various authorities and other bodies in the prescribed manner; and

(e) perform such other duties as may be prescribed.

(4) The term of office of the Registrar shall be a renewable period of three years:

Provided that the Senate may, on the advice of the Principal, terminate the appointment of the Registrar on grounds of inefficiency or misconduct in accordance with prescribed procedure.

13. Treasurer.—(1) There shall be a treasurer of the College to be appointed by the Senate on the recommendation of the Principal, mi such terms and conditions as may be prescribed.

(2) The experience and the professional and academic qualifications necessary for appointment to the post of the treasurer shall be as may be prescribed shall,---

(3) The treasurer shall be the chief financial officer of college and

(a) manage the assets liabilities, receipts, expenditures, funds and investments of the College;

(b) prepare the annual and revised budget estimates of the College and present them to the Syndicate committee thereof for approval and incorporation in the budget to he presented to the Senate;

(c) ensure that the funds of the College are expended oil the purposes for which they are provided;

(d) have the accounts of the College audited annually so as to be available for submission to the Senate within six months of the close of the financial year; and

(e) perform such other duties as may be prescribed.

(4) The term of office of the treasurer shall be .a renewable period of three years:---

Provided that the Senate may, on the adyice of the Principal, terminate the appointment of the Treasurer on grounds of inefficiency or misconduct in accordance with prescribed: procedure.

14: Controller of Examinations.-(1) There shall be a Controller of Examinations, to be appointed by the Senate on the recommendation of the Principal, on such terms and conditions as may be prescribed.

(2) The minimum qualifications necessary for appointment to the post of the Controller of Examinations shall be as may be prescribed.

(3) The Controller of Examinations shall be a full-time ,officer of the College and shall be responsible for all matters connected with the, conduct of examinations and perform such other duties as may be prescribed.

(4) The Controller of Examinations shall be appointed for a renewable term of three years:---

Provided that the Senate may, on the advice of the Principal, terminate the appointment of the Controller of Examinations on grounds of inefficiency or misconduct in accordance with prescribed procedure.

15. Authorities.—(I) The following shall be the Authorities of the College, namely:---

(a) Authorities established by this Ordinance,---

(i) the Senate;

(ii) the Syndicate; and

(iii) the Academic Council;

(b) Authorities to be established by the Statutes,---

(i) Graduate and Research Management Council:

(ii) Recruitment. Development, Evaluation and Promotion committees for teachers and other staff whether at the level of the department, the Faculty or the College;

(iii) Career Placement and Internship Committee of each Faculty;

(iv) Search Committee for the appointment of the Principal:

(v) the Representation Committees for appointment to the Senate, Syndicate and the Academic Council:

(vi) Faculty Council; and

(vii) Departmental Council.

(2) The Senate, the Syndicate and the. Academic Council may set up such other committees or sub-committees, by whatever name described. as are considered desirable through statutes or regulations as appropriate. Such committees or sub-committees shall be Authorities of the College for the purposes of this Ordinance.

16 Senate.—(1) The body responsible for the governance of the College shall be described as the Senate, and shall consist of the following, namely:---

(a) the Chancellor who shall be the Chairperson of the Senate;

(b) the Principal;

(c) representative of Ministry of Education, not below the rank of Additional Secretary;

(d) four persons from civil society being persons of distinction in the fields of literature, architecture, administration, management, education, academics, science, technology and engineering such that the appointment of these persons reflects a balance across the various fields;

(e) one person from amongst the alumni of the college;

(f) two persons from the academic community of the country, other than an employee of the College, at the level of professor or Director of a campus:

(g) four College Teachers; and

(h) one person nominated by the Commission.

(2) The numbers of the members of the Senate described in clauses (e) to (h) of sub-section (1) may be increased by the Senate through statutes subject to condition that the total membership of the Senate does not exceed twenty-one, with a maximum of five College Teachers. and the increase is balanced, to the extent possible, across the different categories specified in sub-section (1).

(3) All appointments to the Senate shall be made by the Chancellor. Appointments of persons described in clauses (e) and (l) of sub-section (I) shall be made from amongst a panel of three names for each vacancy recommended by the Representation Committee set up in terms of section 23 and in accordance with procedure as may be prescribed:---

Provided that effort shall be made, without compromising on quality or qualification, to give fair representation to women on the Senate:---

Provided further that as regards the College Teachers described in clause (g) of sub-section (t) the Senate shall prescribe a procedure for appointment on the basis of elections that provide for voting by the various categories of College Teachers:---

Provided also that the Senate may alternatively prescribe that appointment of College Teachers to the Senate shall also be in the manner provided by this sub-section for the persons described in clauses (e) and (f) of sub-section (1).

(4) Members of the Senate, other than ex-officio members, shall, hold office for a period of three years. One-third of the members, other than ex-officio members, of the first restructured Senate, to be determined by lot, shall retire from office on the expiration of one year from the (late of appointment by the Chancellor. One-half of the remaining members, other than. ex-officio members, of the first restructured Senate, to be determined by lot, shall retire from office on the expiration,-of two years from the date of appointment and the remaining one-half, other than-1 ex-Officio members, shall retire from office on the expiration of the third year: Provided that no person, other than an a-officio member, shall serve on the Senate for more than two consecutive terms:---

Provided further that the College Teachers appointed teethe Senate may not serve for two consecutive terms. .

(5) The Senate shall meet at least twice in a calendar year.

(6) Service on the Senate shall be on honorary basis: Provided that actual expenses may be reimbursed as prescribed.

(7) The Registrar shall the secretary of the Senate.

(8) In the absence of the Chancellor meetings of the Senate shall bed presided over by such member, not being an employee of the College or the Government, as the Chancellor may, from time to time, nominate. The member so nominated shall be the convenor Of the Senate.

(9) All decisions of the Senate shall he taken on the basis of the opinion of the majority or the members present. In the event of the members being evenly divided on any matter the person presiding over the meeting shall have a casting vote.

(10) The quorum for a Meeting of the Senate shall be two-third of its membership, a fraction being counted us one.

18. Visitation.-The Senate may, in accordance with the terms and procedures as may be prescribed cause an inspection to he made in respect of any matter connected with the College.

19. Syndicate.— (1) There shall be a Syndicate of the College consisting of the following:---

(a) the Principal who shall he its Chairperson;

(b) the Deans of the Faculties of the College;

(c) three professors from different departments who arc not members of the Senate, to be elected by the College Teachers in accordance with procedure to be prescribed by the Senate:,

(d) the Directors of the campuses;

(e) the Registrar;

(f) the Treasurer; and

(g) the Controller of Examinations.

(2) Members of the Syndicate. other than ex-officio members, shall hold office for a period of three years.

(3) As regards the three professors described in clause (c) of sub-section (1) the Senate may, as an alternative to elections, prescribe a procedure for proposal of a panel of names by the Representation Committee set up in terms of section 23. Appointment of persons proposed by the Representation Committee may be made by the Senate on the recommendation of the Principal.

(4) The quorum for a meeting of the Syndicate shall he one-half of the total number of members, a fraction being counted as one.

(5) The Syndicate shall meet at least once in each quarter of the year.

20. Powers and duties of the Syndicate.- (I) The Syndicate shall be the executive body of the College and shall, subject to the provisions of this Ordinance and the statutes, exercise general supervision over the affairs and management of the College.

(2) Without prejudice to the generality of the foregoing powers and subject to the provisions of this Ordinance, the statutes and directions of the Senate, the Syndicate shall have the following powers:---

(a) to consider the annual report. the annual and revised budget estimates and to submit these to the Senate;

(b) to transfer and accept transfer of movable property on behalf of the College;

(c) to enter into, very, carry out and cancel contracts on behalf of the College;

(d) to cause proper books of account to he kept for all sums of Money received and expended by the College for the assets and liabilities of the College:

(e) to invest any money helonging to the College including any unapplied income in any of the securities' described in section 20 of the Trusts Ordinance, 1882 (Ordinance 11 of 1882) or in the purchase of immovable property or in such other manner at it may prescribe, with the like power of varying such investments;

(f) to receive and manage any property transferred, and grants, bequests, trust, gills, donations, endowments, and other contributions made to the College;

(g) to administer any funds placed at the disposal of the College for specified purposes;

(h) to provide the buildings, libraries, premises,' furniture, apparatus, equipment and other means required for carrying out the work of the College;

(i) to establish and maintain halls of residence and hostels or approve or license hostels or lodgings for the residence of students;

(j) to recommend to the Senate admission of educational institutions to the privileges of the College and Withdraw such privileges;

(k) to arrange for the inspection of campuses and the Departments;

(l) to institute Professorships, Associate Professorships, Assistant Professorships, Lectureships, and other teaching posts or to suspend no abolish such posts;

(m) to create, suspend or abolish such administrative or other posts as may be necessary;

(n) to prescribe the duties of officers, teachers and other employees of the College;

(o) to report to the Senate on matters with respect to which it has been asked to report;

(p) to appoint members to various Authorities in accordance with the provisions of this Ordinance;

(q) to propose drafts of statutes for submission to the Senate;

(r) to regulate the conduct and discipline of the students of the College;

(s) to take actions necessary for the good administration of the College in general and to this end exercise such powers as are necessary;

(t) to delegate any of its, powers to any Authority or officer, or a committee: and

(u) to perform such other functions as have been assigned to it by the provisions of this Ordinance or may be assigned to it by the statutes.

21. Academic Council.-(l) There shall he an Academic Connell of the College consisting of the following:---

(a) the Principal who shall be its Chairperson;

(b) the Deans of faculties and such Chairpersons of Departments as may be prescribed;

(c) five members representing the departments, institutes and the campuses to he elected in the manner prescribed by the Senate;

(d) five Professors including Emeritus Professors;

(e) the Registrar;

(f) the Controller of Examinations; and

(g) the Librarians.

(2) The Senate shall appoint the members of the Academic Council, other than the ex-officio and the elected members, on the recommendation of the Principal:---

Provided that as regards the five professors and the members representing the departments, institutes and the campuses the Senate may, as an alternative to elections prescribe a procedure for proposal of a panel of name by the Representation Committee set up in terms of section 23. Appointment of persons proposed by the Representation Committee may be made by the Senate on the recommendation of the Principal.

(3) Members of the Academic Council shall hold office for three years.

(4) The Academic Council shall meet at least once in each quarter.

(5) The quorum for meetings of the Academic Council shall be one-half of the total number of members, a fraction being counted as one.

22. Powers and functions of the Academic Council.- (l) The Academic Council shall be the principal academic body of the College and shall, subject to the provisions of this Ordinance 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 College and its campuses.

(2) Without prejudice to the generality of the foregoing powers, and subject to the provisions of this Ordinance and the statutes, the Academic Council shall have the power to,---

(a) approve the policies and procedures pertaining to the quality of academic programmes;

(b) approve academic programmes;

(c) approve the policies and procedures pertaining to student related functions including admissions, expulsions, punishments, examinations and certification;

(d) approve the policies and procedure's assuring qualify of teaching and research;

(e) propose to the Syndicate schemes for the constitution and organization of Faculties, teaching departments and boards of studies;

(f) appoint paper setters and examiners for all examinations of the College after receiving panels of names from the relevant authorities;

(g) institute programmes for the continued professional development of College Teach6rs at levels;

(h) recognize the examinations of other universities are examining bodies , as equivalent to the corresponding examination of the College;

(i) regulate the award of studentships scholarships, exhibitions, medals and prizes; (j) frame Regulations for submission to the Senate;

(k) prepare an annual report on the academic performance Of the College; and

(I) perform such Functions as may be prescribed by Regulations.

23. Representation Committees.—(1) There shall be a Representation Committee constituted by the Senate through statute for recommendation of person's for appointment to the Senate in accordance with the previsions of section 16.

(2) there shall also be a Representation Committee constituted by the Senate through Statute for the/recommendation of persons for appointment to the Syndicate and the Academic Council in accordance with the provisions of sections 19 and 21.

(3) Members of the Representation Committee for appointments to the, Senate shall consist of the following:---

(a) three members of the Senate who are not College Teachers;

(b) two persons nominated by the College Teachers from amongst themselves in the manner prescribed;

(c) one person from the academic community, not employed by the College, at the level of professor or Director of campuses to be nominated by the College Teachers in the manner prescribed; and

(d) one eminent citizen with experience in administration, philanthropy, development work, law or accountancy to be nominated by the Senate.

(4) The Representation Committee for appointments to the Syndicate and the Academic Council shall consist of the following:---

(a) two members of the Senate who are not College Teachers; and

(b) three persons nominated by the College Teachers from amongst themselves in the manner prescribed;

(5) The tenure of the Representation Committees shall be three years:---

Provided that no member shall serve for more than two consecutive terms.

(6) The procedures of the Representation Committees shall be as may be prescribed.

(7) There may also be such other Representation Committees set up by any of the other Authorities of the College as are considered, appropriate for recommending persons for appointment to the various Authorities and other bodies of the College.

24. Appointment of Committees by certain Authorities.—(1) The Senate, the Syndicate, the Academic Council and other Authorities may, from time -to time, appoint such standing, special or advisory committees, as they may deem” fit, and may place on such committee persons who are not members of the Authorities appointing the Committees.

(2) The constitution, functions and powers of the Authorities for which no specific provision has been made in this Ordinance shall be such as may be prescribed by statutes or regulations.

CHAPTER V

STATUTES, REGULATIONS AND RULES

25. Statutes.—(I) Subject to the provisions of this Ordinance, Statutes, to be published in the official Gazette, may be made to regulate or prescribe all or any of the following Matters:---

(a) the contents of and the manner in which the annual report to be presented by the Principal before the Senate shall be prepared;

(b) the College fees and other charges;

(c) the constitution of any pension, insurance, gratuity, provident fund and benevolent fund for College employees;

(d) the scales of pay and other terms and conditions of service of officers, teachers and other College employees;

(e) the maintenance of the register of registered graduates;

(f) admission of educational institutions to the privileges of the College and the withdraw!! of such privileges;

(g) the establishment of Faculties, departments, institutes, campuses and other academic divisions;

(h) the powers and duties of officers and teachers;

(i) conditions under which he College may enter into arrangements with other institutions or with public bodies for purposes of research and advisory services;

(j) conditions for appointment of Emeritus Professors and award honorary degrees;

(k) efficiency and discipline of College employees;

(I) the constitution and procedure to be followed by Representation Committees in carrying out functions in terms of this Ordinance;

(m) the constitution and procedure to be followed by the Search committee for appointment of the Principal;

(n) constitution, functions and powers of the Authorities of the College; and

(o) all other matters which by this Ordinance are to be or may be prescribed or regulated by Statutes.

(2) The draft of statutes Shall he proposed by the Syndicate to the Senate which may approve or pass with such modifications as The Senate may think fit. or may refer back to the Syndicate as the case may he, for reconsideration of the proposed draft:---

Provided that statutes concerning any of the matters mentioned' in clauses (a) and (k) of sub-section (i) shall be initiated and approved by the Senate, after seeking the Views of the Syndicate:---

Provided further that the Senate may initiate statute with respect to any matter in its power or with respect to which statute may be framed in terms of this Ordinance and approve such statute after seeking the views of the Syndicate:

26. Regulations.—(1 ) Subject to the provisions of this Ordinance and the statues, the Academic Council may make regulations, to be published in the official Gazette, for all or any of the following matters:---

(a) the courses of study for degrees, diplomas and certificate of the College;

(b) the manner in which the teaching referred to in sub-section (I) of section 6 shall be organized and conducted;

(c) the admission and expulsion of students to and from the College;

(d) the conditions under which students shall be admitted to the courses and the examinations of the College and shall become eligible for the award of degrees, diplomas and certificates;

(e) the conduct of examinations;

(f) conditions under which a person may carry on independent research to entitle him to a degree;

(g) the institution of fellowships, scholarships, exhibitions, medals and prizes;

(h) the use of the Library;

(i) the formation of Faculties, departments and board of studies; and

(j) all other matters which by this Ordnance or the statutes are to be, or may be, prescribed by regulations.

(2) Regulations shall be proposed by the Academic Council and shall be submitted to the Senate which may approve them or withhold approval or refer them back to the Academic Council for reconsideration. The regulation proposed by the Academic Council shall not be effective unless it receives the approval of the Senate.

(3) Regulations regarding or incidental to matters contained in sub-clauses (g) and (i) shall not be submitted to the Senate without the prior approval of the Syndicate.

27. Rules.—(1) the Authorities and the other bodies of the College may make rules, tote published in the official Gazette not inconsistent with this Ordinance, statutes or the regulations, to regulate any matter relating to the affairs of the College including rules to regulate the conduct of business and the time and place of meetings and related matters.

(2) Rules shall become effective upon approval by the Syndicate.

CHAPTER VI

COLLEGE FUND

28. College fund.—The College shall have a fund to which shall be credited its income from fees charges, donations, trusts, bequests, endowments, contributions, grants and all other sources.

29. Increase in fee and financial schemes.—(l ) An increase in any fee or charge that is excess of ten per cent per annum on an annualized basis from the last such increase may not be made except in special circumstances, and any with the approval of the Chancellor.

(2) The College shall institute financial aid programmes for students in need. To the extent considered feasible by the Senate given the resources available, so as to enable admission and access to the College and the various opportunities provided by it to be based on merit rather than ability to pay:---

Provided that the College may institute self-finance schemes not covering more than ten per cent of the total number of candidates in any on campus taught course or research-based programme of study.

30. Audits and accounts.—(l) The Accounts of the College shall he maintained in such form and in such manner as may be prescribed.

(2) The teaching departments, campuses and all other bodies designated as such by the Syndicate in terms of statutes shall be independent cost centers of the College with authority vested in the head of each cost centre. to sanction expenditure out of the budget allocated to it:---

Provided that re-appropriation from one head of expenditure to another may be made by the head of a cost centre in accordance with and to the extent prescribed by the statutes

(3) All funds generated by a teaching department, campuses or other unit of the College through consultancy, research or other provision of service shall be made available without prejudice to the budgetary allocation otherwise made, after deduction of overheads in the manner and to the extent prescribed by statute, to the teaching department, campuses or other unit for its development. A part of the funds so generated may be shared with the College Teachers or researchers in charge of the consultancy, research or service concerned in the manner and to the extent prescribed by statute.

(4) No expenditure shall be made from the funds of the College,-unless a bill for its payments has been issued by the bead of the cost centre concerned in accordance with the relevant statutes and the Treasure has verified that the payment is provided for in the approved budget of the cost centre, subject to the authority to re-appropriate available to the head of the cost centre.

(5) Provision shall be made for an internal audit of the finances of the College.

(6) Without prejudice to the requirement of audit by an auditor appointed by Government in accordance with the provisions of any other law in force the annual audited statement of accounts of the College shall be prepared in conformity with the Generally Accepted Accounting Principles (GAAP) h a reputed firm of chartered accountants and signed by the Treasurer. The annual audited statement of accounts so prepared shall be submitted to the Auditor-General of Pakistan for his observations.

(7) The observations of the Auditor-General of Pakistan, if any together with such annotations as the Treasurer may make shall he considered by the Syndicate and shall be placed before the Senate within six months of closing of the financial year.

CHAPTER VII

GENERAL PROVISIONS

31. Opportunity to show cause.—Except as otherwise provided by law no officer; teacher or other employee of the College holding a permanent post shall be reduced in rank, or removed or compulsorily retired from service for cause arising out of any act or omission on the part of the person concerned unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken.

32. Appeal to the Syndicate and the Senate.—Where an order is passed punishing any officer other than the Principal teacher or other employee of the College or altering or interpreting to, his disadvantage the prescribed terms or conditions of his service he shall, where the order is passed by any officer or teacher of the College other than the Principal, have the right to appeal to the Syndicate against the order, and where the order is passed by the Principal, have the right to appeal to the Senate.

33. Service of the College.—(1) All persons employed by the College in accordance with the terms and conditions of service prescribed by statutes shall be persons in the service of Pakistan for the purposes of any court or tribunal set up by law in terms of Article 212 of the Constitution of the Islamic Republic of Pakistan:---

Provided that any provision 'as regards the terms and conditions of employment of persons in the service of Pakistan in general or incomparable employment notwithstanding the service of persons employed by the College shall be entirely governed by the terms and conditions prescribed by the relevant statutes.

(2) An officer, teacher or other employees of the College shall retire from service on the attainment of such age or tenure of service as may be prescribed.

(3) No adverse change shall be made in the terms and conditions of employment of any College Teacher in the employment of the College on the date of enforcement of this Ordinance.

34. Benefits and insurance.—(1) The College shall constitute for the benefit of its officers teachers and other employees schemes, as may be prescribed, for the provision of post-employment benefits as well as health and life insurance While in service.

(2) Where any provident fund has been constituted under this Ordinance the provisions of the Provident Funds Ordinance, 1925 (XIX of 1925), shall apply to such funds as if it were the Government Provident Fund.

35. Commencement of term of office of members of Authority.—(1) When a member of a newly constituted Authority is elected appointed or nominated his term of office, as fixed under this Ordinance, shall commence from such date as may be prescribed.

(2) Where a member who has accepted any other assignment of for any-other similar reason remains absent from the College for a period of not less then six months he shall be deemed to have resigned and vacated his seat,

36. Filling of casual vacancies in Authorities.—Any casual vacancy among the members of any Authority shall be filled, as soon as conveniently may be, in the same manner and by the same person or Authority that had appointed the member whose place has become vacant and the person appointed to the vacancy shall he a member of such Authority for the residue of the term for which the person whose place be fills would have been a member.

37. Flaws in the constitution of Authorities.—Where there is a flaw in the constitution of an Authority, as constituted under this Ordinance, the statutes or the regulations on account of the abolition of a specified office under Government or because an organization, institution or other body outside. the College has been dissolved or has ceased to function, or because of some other similar reason, such flow shall be removed in such manner as the Senate may direct.

38. Proceedings of Authorities not invalidated by the vacancies.—No act, resolution or decision of any Authority shall he invalid by reason, of any vacancy on the Authority doing, passing, or making it or by reason of any want of qualification or invalidity in the election, appointment or nomination of any defacto member of the Authority whether present or absent.

39. First statutes and regulations.—Notwithstanding any thing to the - contrary contained in this Ordinance, the Chancellor shall, if required, make the' first statues and regulations which shall he deemed to be statutes and regulations made under section 25 and 26 and shall continue to remain in force until amended or replaced or till such time new statutes and regulations are made in accordance with the provisions of this Ordinance.

40. Transitory provisions.—(1) Notwithstanding anything contained in this Ordinance and the repealed Resolution, as soon as may be upon the commencement the of this Ordinance the existing Board of Governors of the Dawood College of Engineering and Technology, Karachi shall be restructured, to be described henceforth as the Senate, and the members thereof appointed afresh by the Chancellor in accordance with the numbers and criteria for membership of the Senate specified in this Ordinance. As regards the places' for College Teachers on the Senate the Chancellor shall after the coming into force of this Ordinance, make appropriate appointments in his discretion forthwith to fill up these places till such time that elections for these places have taken place in accordance with this Ordinance. The number of College Teachers to be elected to the Senate shall be as provided in this Ordinance. The first Senate so constituted shall initiate, as soon as possible, the process for the appointment of the members of the Syndicate and the Academic Council in accordance with the provisions of this Ordinance.

(2) Notwithstanding the provision of this Ordinance the first Principal shall be appointed by the Chancellor for a period of three years.

41. Interpretation and removal of difficulties.—(1) If any question -arises as to the interpretation of any of the provisions of this Ordinance it shall be placed before the Chancellor whose decision thereon shall be final.

(2) If any difficulty arises in giving effect to any of the provisions of this Ordinance, the Chancellor may make such order after obtaining the views of the Senate, not inconsistent with the provisions of this Ordinance as may appear to him to be necessary for removing the difficulty.

(3) Where this Ordinance make any provision for anything to be done but no provision or no sufficient provision has been made as respects the authority by 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 after obtaining the views of the Senate.

42. Indemnity.—No suit or legal proceedings shall lie against the Government, the College or any Authority, officer or employee of the Government or the College or a member of an Authority in respect of anything which is done in good fifth under this Ordinance.

43. Power to allow appointment of employees of the Government, other universities or educational or research institutions to the College.—(I) Notwithstanding anything contained in this Ordinance, the Senate may. on the advice of the Syndicate, allow any post in the College to be filled by appointment, on such terms as the Senate may specify, an employee of the Government or any other university or educational or research institution.

(2) Where any appointment has been made under this section, the terms and conditions of service of the appointee shall not be less favorable than those admissible to him immediately before such appointment and he shall he entitled to all benefits of his-post of service.

44. Repeal and savings. —(1) The Dawood College of Engineering and Technology Karachi Resolution No. F-3182-N- I dated 27th September, 1987 is hereby repelled.

(2) Notwithstanding the repeal envisaged by sub-section (1):---

(a) anything done actions taken obligations or liabilities incurred, rights and assets acquired, persons appointed or authorized, jurisdiction or power conferred, endowments, bequests, funds or trusts created, donations or grants made, scholarships studentship, or exhibitions . instituted, affiliations or privileges granted and orders issued under any of the provisions of the repealed Resolution other legal instruments or the statutes, the regulations and the rules made or deemed to have been made there under, shall, if not inconsistent with the provisions of this Ordinance or the statutes, the regulations or the rules made under this Ordinance, be continued and, so far as may be, be deemed to have been respectively done, taken; incurred acquired, appointed, authorized conferred. created, made. instituted, granted an& issued under this Ordinance, and any documents referring to any of the provisions of the repealed Resolution or the statutes, the regulations and the rules first referred shall, so for as may be, be considered to refer to the corresponding provisions of this Ordinance or the statutes regulations and rules made under this Ordinance;

(b) all institutes, campuses or other constituent units of the College functioning in terms of the provisions of the repealed Resolution or other legal instruments shall continue to function in terms of the relevant repealed provisions till such time that the Senate through statute has prescribed otherwise; and

(c) any statutes, regulations, or rules made or deemed to have been made under the repealed Resolution or other legal instruments shall, if nor inconsistent with the provisions of this Ordinance, be deemed to be statutes. Regulations or rules made tinder this Ordinance having regard to the various matters which by this Ordinance are to be regulated or prescribed by statutes, regulations and rules respectively and shall continue to remain in force until repealed, rescinded or modified in accordance with the provisions of this Ordinance.

 

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