Updated: Wednesday October 12, 2016/AlArbia'a
Muharram 11, 1438/Budhavara
Asvina 20, 1938, at 10:49:56 AM
The
ACT NO. V OF 2013
An Act to provide for the establishment of
WHEREAS it is expedient to provide for
the establishment of
It is hereby enacted as follows:---
CHAPTER I
PRELIMINARY
1. Short title and commencement.—(1) This Act may be called the
(2) It shall come into force at once.
2. Definitions.—In this Act, unless there is anything repugnant in the
subject or context,---
(i) “Academic
Council” means the Academic Council of the University;
(ii) “Affiliated
institution” means educational institution authorized by Board to conduct
academic programs, research and development projects and approved by the
University;
(iii) “Authority”
means any of the authorities of the University set up under Section 18;
(iv) “Board”
means the Board of executives of the University;
(v) “Board
of trustees” means the Board of trustees of the University;
(vi) “Chancellor”
means the Chancellor of the University;
(vii) “College”
means a constituent college;
(viii) “Commission”
means the Higher Education Commission of Pakistan;
(ix) “Constituent
college” means an educational institution, by whatever manner described,
maintained and administered by the University;
(x) “Controller”
means the head of examination department of the University;
(xi) “Dean”
means the head of a faculty of the University;
(xii) “Department”
means a teaching department of the University;
(xiii) “Director”
means the head of an institute established as a constituent institute by the
University;
(xiv) “Executive
Committee” means the Executive Committee of the University;
(xv) “Faculty”
means an administrative and academic unit of the University consisting of one
or more departments;
(xvi) “Government”
means the Federal Government;
(xvii) “Institute”
means an institute maintained and administered by the University;
(xviii) “Officer”
means any officer of the University;
(xix) “Patron”
means the Patron of the University;
(xx) “prescribed”
means prescribed by the statutes, regulations or rules;
(xxi) “Professor
emeritus” means a retired Professor appointed by the Chancellor on honorary
basis;
(xxii) “Principal”
means the head of a college;
(xxiii) “Registrar”
means the Registrar of the University;
(xxiv) “Selection
committee” means the selection committee set up by the Board;
(xxv) “Shariah
Advisory Committee” means the Shariah Advisory Committee of the University;
(xxvi) “Statutes”,
“regulations” and “rules” means respectively the statutes, regulations and
rules made under this Act;
(xxvii) “Trust”
means the Dawat-e-Islami Trust;
(xxviii) “teacher”
means and includes any Professor, Associate Professor, Assistant Professor and
or Lecturer engaged whole-time by the University, or by a constituent college;
(xxix) “University”
means the
(xxx) “University
Teacher” means a whole-time Professor, Associate Professor, Assistant Professor
or Lecturer teacher appointed whole-time and paid by the University; and
(xxxi) “Vice-Chancellor”
means the Vice-Chancellor of the University.
THE UNIVERSITY
3.
Establishment and incorporation of the University.—(1) There shall be
established a University to be called the
(a) the Patron, the
Chancellor, the Vice-Chancellor, the members of the Board and the Board of
Trustees;
(b) the members of
Executive Committee, Deans, the chairmen of the teaching departments and
members of the Academic Council of the University;
(c) the members of the
Executive or governors Boards, committees and other bodies as the 73 Board may
establish;
(d) the members of
faculties and students of the University and its constituent units in
accordance with the terms prescribed from time to time, and all other; and
(e) such other officers
and members of the staff as the Board may, from time to time, specify.
(2) The
University shall be a body corporate by the name of Dar-ul-Madina International
University having perpetual succession and a common seal, with powers, among
others, 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.
(3) The
principal seat of the University shall be at
(4)
Notwithstanding anything contained in any other law for the time being in
force, the University shall have academic, financial and administrative autonomy,
including the powers to employ officers, teachers and other employees on such
terms as may be prescribed, subject to the terms of this Act.
(5) In
particular and without prejudice to the authority granted to the Commission by
the law, the Government or any authority or auditor shall have no power to
question the policy underlying the acquisition and allocation of resources
approved by the Board in the annual budget of the University.
4.
Powers and purposes of the University.—The University shall
have the following powers, namely:---
(i) to promote and
disseminate of knowledge and technology and to provide education, training,
research demonstration and scholarship in such branches of knowledge as it may
determine;
(ii) to make provisions for
research, service to society and for the application, advancement and
dissemination of knowledge by employing information technology including
satellite, television, internet, radio etc., or through conventional and
innovative methods in all field of knowledge as it may determine by the Board
of trustees;
(iii) to determine courses
for study at the under graduate level in its constituent units as well as in
its affiliated institutions, centers and colleges;
(iv) to prescribe courses
of studies to be conducted by it and its affiliated constituent units and
appropriate bodies ;
(v) 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;
(vi) to prescribe the terms
and conditions of employment of the officers, teachers and other employees of
the University;
(vii) to affiliate itself or
associate with any other institutions or universities and relevant bodies
whether national or international;
(viii) to pursue and
co-ordinate research innovation and development;
(ix) to use the financial
and other resources allocated to it for execution of its functions;
(x) to engage, where
necessary, persons on contract of specified duration and to specify the terms
of each engagement;
(xi) to confer honorary
degrees or other distinctions on approved persons in the manner prescribed;
(xii) to provide for such
instruction for persons not being students of the University as it may prescribe
and to grant certificates and diplomas to such persons;
(xiii) to institute programs
for the academic collaboration and exchange of students and teachers between
the University and other universities, educational institutions and research
organizations, inside as well as outside Pakistan;
(xiv) to provide career
counseling and job search services to the students and alumni as it may deem
fit;
(xv) to maintain linkages
with alumni and the industry;
(xvi) to develop and
implement fund-raising plans;
(xvii) to provide and support
the academic development of the faculty of the University;
(xviii) to confer degrees on
persons who have carried on independent research under prescribed conditions;
(xix) to accept the
examinations passed and the period of study spent by students of the University
at other universities and places of learning equivalent to such examinations
and periods of study in the University, as it may prescribe, and to withdraw
such acceptance;
(xx) to co-operate with
other universities, public authorities or private organizations, inside as well
as outside
(xxi) to institute
professorships, associate professorships, assistant professorships and
lectureships and any other posts and to appoint persons thereto;
(xxii) to create posts for
research, extension, administration and other related purposes and to appoint
persons thereto;
(xxiii) to recognize selected
members of teaching staff of colleges or educational institutions admitted to
the privileges of the University or such other persons, as it may deem fit, as
University teachers;
(xxiv) to institute and award
financial assistance to students in need, fellowships, scholarships, bursaries,
medals and prizes under prescribed conditions;
(xxv) to establish teaching
departments, schools, colleges, faculties, institutes, museums and other
centers of learning for the development of teaching and research and to make
such arrangements for their maintenance, management and administration as it
may prescribe;
(xxvi) to affiliate and
disaffiliate educational institutions or relevant organizations under
prescribed conditions;
(xxvii) to inspect colleges
and other educational institutions affiliated or seeking affiliation with it;
(xxviii) to maintain order,
discipline and security on campuses of the University and the colleges;
(xxix) to promote
extra-curricular and recreational activities of the students and to make
arrangements for promoting their health and general welfare;
(xxx) to demand and receive
such fees and other charges as it may determine from time to time;
(xxxi) 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;
(xxxii) to enter into, carry
out, vary or cancel contracts;
(xxxiii) to receive and manage
property transferred and grants, contributions made to the University and to
invest any fund representing such property, grants, bequests, trusts, gifts,
donations, endowments or contributions in such manner as it may deem fit;
(xxxiv) to provide for the
printing and publication of research and other works;
(xxxv) to do all such other
acts and things, whether incidental to the powers aforesaid or not, as may be
requisite or expedient in order to further the objectives of the University as
a place of education, learning and research; and
(xxxvi) to decide virtual,
distance learning or online teaching methods and strategies in order to ensure
the conduct of most effective educational and training programs in the light of
policy on the subject made by the Commission.
5.
University open to all classes, creeds, etc.—(1) The University
shall be open to all persons of either gender and of whatever religion, race,
creed, class, color or domicile who qualify for the admission as set forth in
the rules and regulations and the criteria and the policy maintained by the
body.
(2) An
increase in any fee or charge that is in excess of ten percent per annum on an
annualized basis from the last such increase may not be made except in special circumstances
and only with approval of the Board of trustees.
(3) The
University shall institute financial aid and support programs for students in
need, to the extent considered feasible by the Board given the resources
available, so as to enable admission and access to the University and the
various opportunities provided by it to be based on merit rather than ability
to pay.
6.
Teaching at the University.—(1) All recognized teaching in various courses shall
be conducted by the University or the colleges in the prescribed manner and may
include lectures, tutorials, discussions, seminars, demonstrations and other
methods of instruction as well as practical work in the laboratories,
hospitals, workshops and other organizations.
(2) The
authority responsible for organizing recognized teaching shall be such as may
be prescribed.
CHAPTER III
7.
Officers of the University.—The following shall be the officers of the University,
namely:---
(a) Patron;
(b) Chancellor;
(c) Vice-Chancellor;
(d) Deans;
(e) Principals of the
constituent colleges;
(f) Head of the teaching
departments;
(g) Registrar;
(h) Treasurer;
(i) Controller of
examinations; and
(j) such other persons as
may be prescribed by the statutes or regulations.
8.
Patron.—(1) The Patron will be appointed by Trust in the
manner as may be determined by the Trust.
(2) The
Patron shall, when present, preside at the convocation of the University. In
the absence of the Patron, the Board may request a person of eminence or the
Chancellor to preside over the convocation of the University.
(3)
Every proposal to confer an honorary degree shall be subject to the
confirmation by the Patron.
9. Visitation.—(1) The Patron may, in
accordance with the terms and procedures as may be prescribed, cause an
inspection or inquiry to be made on his own motion or at the request of the
Commission in respect of any matter connected with affairs of the University
and shall, from time to time, direct any person or persons to inquire into or
carry out inspection of,---
(a) the University, its
building, laboratories, libraries and other facilities;
(b) any institution,
department or hostel maintained by the University;
(c) the adequacy of
financial and human resources;
(d) the teaching,
research, curriculum, examination and other matters of the University; and
(e) such other matters as
the Patron may specify.
(2) The
Patron shall communicate to the Board of trustees his views with regard to the
result of visitation and shall, after ascertaining the views of the Board,
advise the Chancellor on the action to be taken by it.
(3) The
Chancellor shall, within such time as may be specified by the Patron,
communicate to him such action, if any, as has been taken or may be proposed to
be taken upon the results of visitation.
(4)
Where the Board as per Chancellor's does not, within the time specified, take
action to the satisfaction of the Patron, the Patron may issue such directions
as he deems fit and the Board shall comply with all such directions.
(5) The
patron shall be appointed by the prescribed term from the Board of trustees and
he may be removed by the Board of trustees.
10.
Chancellor.—(1) The Chancellor of the University shall be
appointed by the Board of trustees to hold the office at the pleasure of, and
for a term determined by the Board of trustees.
(2) The
Chancellor shall also act as the chairperson of the Board.
(3) The
members of the Board except the Vice-Chancellor shall be appointed by the
Chancellor as in the manner prescribed in accordance with this Act and the
statutes.
(4)
Where the Chancellor is satisfied that serious irregularity or mismanagement
with respect to affairs of the University has occurred, he may,---
(a) as regards proceedings
of the Board, direct that specified proceedings be reconsidered and appropriate
action taken within one month of the direction having been issued; and
(b) as regards proceedings
of any authority or with respect to matters within the competence of any
authority other than the Board, direct the Board to exercise powers under
Section 19.
(5) If
the Chancellor will be incapacitated from acting as such due to absence or any
other cause, the Vice-Chancellor or a nominee of the Chancellor himself, or a
nominee of the Board of trustees shall act for him.
11.
Removal from the Board.—(1) The Chancellor may remove any person from
membership of the Board on the ground that such person after satisfaction of
Board of trustees,---
(a) has become of unsound
mind; or
(b) has become
incapacitated to function as member of the Board; or
(c) has been convicted by
a court of law for an offence involving moral turpitude; or
(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 functions.
(2) The
Chancellor shall remove any person from membership of the Board if he deems
fit.
12.
Vice-Chancellor.—(1) There shall be a Vice-Chancellor of the University
who shall hold office at the pleasure of the Board of trustees. He will be an
eminent academician or a distinguished administrator and shall be appointed on
such terms and conditions as may be prescribed.
(2) The
Vice-Chancellor shall be the chief executive officer of the University
responsible for all administrative and academic, functions of the University
and for ensuring that the provisions of this Act, statutes, regulations and
rules are faithfully observed.
(3) The
Vice-Chancellor shall, if present, be entitled to attend any meeting of any
authority or body of the University.
(4) The
Vice-Chancellor may, in an emergency that in his opinion requires an immediate
action ordinarily not in competence of the Vice-Chancellor, take such action
and report to the Board.
(5) The
Vice-Chancellor shall also have the following powers, namely:---
(a) to direct teachers,
officers and other employees of the University to take up such assignments in
connection with examination, administration and such other activities in the
University as he may consider necessary for purposes of the University;
(b) to sanction by
re-appropriation an amount, not exceeding an amount prescribed by the Board,
for an unforeseen item not provided for in the budget;
(c) to make appointment of
such categories of employees of the University and in such manner as may be
prescribed by statutes;
(d) to suspend, punish and
remove from service, in accordance with prescribed procedure, officers,
teachers and other employees of the University except those appointed by or
with approval of the Board;
(e) to delegate, subject
to such conditions as may be prescribed, any of his powers under this Act to an
officer or officers of the University; and
(f) to exercise and
perform such other powers and functions as may be prescribed.
13.
Appointment and removal of Vice-Chancellor.—(1) The Vice-Chancellor
shall be appointed by the Board of trustees on recommendations made by the
selection committee.
(2) A
selection committee for recommendation of person suitable for appointment as
Vice-Chancellor shall be constituted by the Board of trustees on the date and
in the manner prescribed by statutes.
(3) The
person proposed by the selection committee for appointment as Vice-Chancellor
shall be considered by the Board and shall be recommended by the Board to the
Chancellor.
(4) The Vice-Chancellor
shall be appointed for a renewable tenure as determined by the Board of
trustees on terms and conditions prescribed by statutes. The tenure of an
incumbent Vice-Chancellor shall be renewed by the Chancellor on receipt of a
resolution of the Board in support of such renewal:---
Provided
that the Chancellor may call upon the Board to reconsider such resolution once.
(5) The
Board may, pursuant to a resolution in this behalf recommend to the Chancellor
the removal of the Vice-Chancellor on the ground of inefficiency, moral
turpitude or physical or mental incapacity or gross misconduct, including
misuse of position for personal advantage of any kind.
(6) The
Chancellor may make a reference to the Board stating about inefficiency, moral
turpitude or physical or mental incapacity or gross misconduct on the part of
the Vice-Chancellor that has come to his notice. After consideration of the
reference, the Board may, pursuant to a resolution in this behalf recommend to
the Chancellor the removal of the Vice-Chancellor:---
Provided
that prior to a resolution for removal of the Vice-Chancellor being voted upon,
the Vice-Chancellor shall be given an opportunity of being heard.
(7) A
resolution recommending removal of the Vice-Chancellor shall be submitted to
the Chancellor forthwith. The Chancellor may accept the recommendation and
order removal of the Vice-Chancellor or return the recommendation to the Board.
(8) At
any time when office of the Vice-Chancellor is vacant or the Vice-Chancellor is
absent or is unable to perform functions of his office due to illness or some
other cause, the Board of trustees shall make such arrangements for performance
of the duties of the Vice-Chancellor as it may deem fit.
14.
Dean.—(1) There shall be a Dean of each faculty to be appointed by the
Chancellor on recommendation of the Vice-Chancellor, on such terms and
conditions as may be prescribed.
(2) The
Dean shall be in charge of the faculty and shall assist the Vice-Chancellor on
matters relating to teaching, research, academic program and extension of other
development projects.
(3)
Subject to overall supervision of the Vice-Chancellor, the Dean shall formulate
and recommend to the Academic Council, rules and regulations relating to
academic and research matters of the faculty.
(4) The
Dean shall also have the following powers, namely:---
(a) to collaborate with
universities, industry and other research organizations;
(b) to formulate
recommendations to the Academic Council on the courses of study to be taught in
different departments of the faculty;
(c) to co-ordinate the
award of fellowships, stipends, medals and prizes;
(d) to co-ordinate the
teaching and research work of the faculty;
(e) to perform such other
functions and exercise such other powers as may be entrusted or delegated to
him by the Board or the Vice-Chancellor; and
(f) to delegate any of his
powers to appropriate levels of management, subject to such conditions as may
be prescribed.
15.
Registrar.—(1) There shall be a Registrar of the University to
be appointed by the Chancellor on recommendation of the Vice-Chancellor, on
such terms and conditions as may be prescribed.
(2) The
experience as well as 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 University and shall,---
(a) be the administrative
head of the secretariat of the University and be responsible for the provision
of secretariat support to the authorities of the University;
(b) be the custodian of
the common seal and the academic record of the University;
(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 Board may, on advice of the Vice-Chancellor, terminate appointment of
the Registrar on grounds of inefficiency or misconduct in accordance with
prescribed procedure.
16.
Treasurer.—(1) There shall be a Treasurer of the University to
be appointed by the Chancellor on recommendation of the Vice-Chancellor, on
such terms and conditions as may be prescribed.
(2) The
experience as well as professional and academic qualifications necessary for
appointment to the post of the Treasurer shall be as may be prescribed.
(3) The
Treasurer shall be the chief financial officer of the University and shall:---
(a) manage the assets,
liabilities, receipts, expenditures, funds and investments of the University;
(b) prepare annual and
revised budget estimates of the University and present them to the Executive
Committee or a committee thereof for approval and incorporation in the budget
to be presented to the Board;
(c) ensure that funds of
the University are expended on the purposes for which they are provided;
(d) have accounts of the
University audited annually; and
(e) perform such other
duties as may be prescribed.
(4) The
term of office of the Treasurer shall be for a renewable period of three years:
Provided
that the Board may, on advice of the Vice-Chancellor, terminate the appointment
of the Treasurer on grounds of inefficiency or misconduct in accordance with
prescribed procedure.
17.
Controller of examinations.—(1) There shall be a Controller of examinations to be
appointed by the Board on recommendation of the Vice-Chancellor 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 University and
shall be responsible for all matters connected with the conduct of examinations
and shall 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 Chancellor may, on advice of the Vice-Chancellor, terminate
appointment of the Controller of examinations on grounds of inefficiency or
misconduct in accordance with prescribed procedure.
CHAPTER IV
AUTHORITIES OF THE UNIVERSITY
18.Authorities.—The following shall be
the authorities of the University, namely:---
(a)
authorities established by the Act;
(i) Board of trustees;
(ii) Board;
(iii) Executive Committee;
and
(iv) Academic Council; and
(b)
authorities to be established by the statutes:---
(i) Board of advanced
studies and research;
(ii) Board of studies;
(iii) Selection Board;
(iv) finance and planning
committee;
(v) selection committee
for the appointment of the Vice-Chancellor;
(vi) representation
committees for appointment to the Board, Executive Committee and the Academic
Council;
(vii) quality assurance
committee;
(viii) discipline committee;
and
(ix) such other authorities
as may be prescribed by the Board.
19.
Board of trustees.—The Board of trustees will be the apex authority of
the University and authorized to make or change statutes, rules and regulations
as it may deem fit. All the members of the Board of trustees shall be appointed
by the Trust. All the decisions of the Board shall be referred to the Board of
trustees for final approval. The decision of the Board of trustees shall be
considered as final and cannot be challenged in any court of law.
20.
Board.—(1) The body responsible for the functioning of the University shall be
described as the Board and shall consist of the following, namely:---
(a) the Chancellor who
shall be chairperson of the Board;
(b) the Vice-Chancellor;
(c) one member of the
Government not below the rank of Additional Secretary from any Ministry of
Federal Government of Pakistan;
(d) four persons from
society at large being persons of distinction in the fields of administration,
management, education, academics, Islamic jurisprudence, law, accountancy,
medicine, fine arts, architecture, agriculture, science, technology and
engineering, such that the appointment of these persons reflects a balance
across the various fields:---
Provided
that special focus or affiliation of the University, to be declared in the
manner prescribed, may be reflected in the number of persons of distinction in
an area of expertise relevant to the University who are appointed to the Board;
(e) one person from amongst
the alumni of the University;
(f) two persons from the
academic community of the country, other than an employee of the University, at
the level of professor or principal of a college;
(g) four University
teachers; and
(h) one person nominated
by the Commission.
(2) The
number of members of the Board described under clauses (e) to (h) of sub-section
(1) may be increased by the Board through statutes subject to the condition
that total membership of the Board does not exceed twenty-one, with a maximum
of five University teachers and the increase is balanced, to the extent
possible, across different categories specified in sub-section (1).
(3) All
appointments to the Board shall be made by the Chancellor. Appointment of
persons described under clauses (e) and (f) of sub-section (1) shall be made
from amongst a panel of three names .for each vacancy recommended by the
representation committee set up in terms of Section 25 and in accordance with
procedure as may be prescribed.
(4)
Members of the Board, other than ex officio members, shall hold office for
three years. One-third of the members, other than ex officio members, of the
first restructured Board, to be determined by lot, shall retire from office on
expiration of one year from the date of appointment by the Chancellor. One-half
of the remaining members, other than ex officio members, of the first restructured
Board, to be determined by lot, shall retire from office on expiration of two
years from the date of appointment and the remaining one-half, other than ex
officio members, shall retire from office on expiration of the third year.
(5) The
Board shall meet at least twice in a calendar year.
(6)
Service on the Board shall be on honorary basis:
Provided
that actual expenses may be reimbursed as may be prescribed.
(7)The
Registrar shall be Secretary of the Board.
(8) In
absence of the Chancellor, meetings of the Board shall be presided over by such
member, not being an employee of the University or the Government, as the
Chancellor may, from time to time, nominate. The member so nominated shall be
convener of the Board.
(9)
Unless otherwise prescribed by this Act, all decisions of the Board shall be
taken on the basis of opinion of a majority of 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 Board shall be two thirds of its membership, a
fraction being counted as one.
21.
Powers and functions of the Board.—(1) The Board shall have power of general
supervision over the University and shall hold the Vice-Chancellor and the
authorities accountable for all functions of the University. The Board shall
have all powers of the University not expressly vested in an authority or
officer by this Act and all other powers not expressly provided by this Act
that are necessary for performance of its functions but which are not
inconsistent with the provisions of this Act or the statutes, regulations and rules
made thereunder.
(2)
Without prejudice to the generality of the foregoing powers, the Board shall
have the following powers, namely:---
(a) to approve proposed
annual plan of work, annual and revised budgets, annual report and annual
statement of accounts;
(b) to hold, control and
lay down policy for administration of the property, funds and investments of
the University, including approval of the sale and purchase or acquisition of
immovable property;
(c) to oversee quality and
relevance of the University's academic programs and to review academic affairs
of the University in general;
(d) to approve appointment
of Deans, Professors, Associate Professors and such other senior faculty and
senior administrators as may be prescribed;
(e) to institute schemes,
directions and guidelines for the terms and conditions of appointment of all
officers, teachers and other employees of the University;
(f) to approve the
strategic plans of the University;
(g) to approve financial
resource development plans of the University;
(h) to consider drafts of
statutes and regulations proposed by the Executive Committee and the Academic
Council and deal with them in the manner as provided for in sections 27 and 28,
as the case may be:
Provided that the Board
may make a statute or regulation on its own initiative and approve it after
calling for advice of the Executive Committee or the Academic Council, as the
case may be;
(i) to annul by order in
writing the proceedings of any authority or officer if the Board is satisfied
that such proceedings are not in accordance with the provisions of this Act,
statutes or regulations after calling upon such authority or officer to show
cause why such proceedings should not be annulled;
(j) to recommend to the
Chancellor removal of any member of the Board in accordance with the provisions
of this Act;
(k) to make appointment of
members of the Executive Committee, other than ex officio members, in
accordance with the provisions of this Act;
(l) to make appointment of
members of the Academic Council, other than ex officio members, in
accordance with the provisions of this Act;
(m) to appoint Professors
emeritus on such terms and conditions as may be prescribed;
(n) to remove any person
from membership of any authority if such person has—
(i) become of unsound mind;
or
(ii) become incapacitated
to function as member of such authority; or
(iii)been convicted by a
court of law for an offence involving moral turpitude; and
(o) to determine the form,
provide for the custody and regulate the use of the common seal of the
University.
(3) The
Board may, subject to the provisions of this Act delegate all or any of the
powers and functions of any authority, officer or employee of the University at
its main campus, to any authority, committee, officer or employee at its
additional campus for the purpose of exercising such powers and performing such
functions in relation to such additional campus and for this purpose the Board
may create new posts or positions at the additional campus.
22.
Executive Committee.—(1) There shall be an Executive Committee of the
University consisting of the following, namely:---
(a) Vice-Chancellor who
shall be its chairperson;
(b) Deans of faculties of
the University;
(c) three Professors from
different departments, who are not members of the Board, to be elected by the
University teachers in accordance with procedure to be prescribed by the Board;
(d) Principals of the
constituent colleges;
(e) Registrar;
(f) Treasurer;
(g) Controller of
examinations; and
(h) a member of the
Shariah advisory committee.
(2)
Members of the Executive Committee, other than ex officio members, shall
hold office for three years.
(3) As
regards the three Professors described in clause (c) of sub-section (1), the
Board 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
25. Appointment of persons proposed by the representation committee may be made
by the Board on recommendation of the Vice-Chancellor.
(4) The
quorum for a meeting of the Executive Committee shall be one-half of the total
number of members, a fraction being counted as one.
(5) The
Executive Committee shall meet at least once in each quarter of the year.
23.
Powers and duties of the Executive Committee.—(1) The Executive
Committee shall be the executive body of the University and shall, subject to
the provisions of this Act and the statutes, exercise general supervision over
affairs and management of the University.
(2)
Without prejudice to the generality of the foregoing powers and subject to the
provisions of this Act, the statutes and directions of the Board, the Executive
Committee shall have the following powers to,---
(a) consider annual report,
annual and revised budget estimates and to submit these to the Board;
(b) transfer, and accept
transfer, of movable property on behalf of the University;
(c) enter into, vary,
carry out and cancel contracts on behalf of the University;
(d) cause proper books of
accounts to be kept for all sums of money received and expended by the
University and for the assets and liabilities of the University;
(e) invest any money
belonging to the University including any unapplied income in any of the
securities described in Section 20 of the Trusts Act, 1882 (Act II of 1882) or
in the purchase of immovable property or in such other manner, as it may
prescribe, with the like power of varying such investments;
(f) receive and manage any
property transferred and grants, bequests, trust, gifts, donations, endowments
and other contributions made to the University;
(g) administer any funds
placed at the disposal of the University for specified purposes;
(h) provide the buildings,
libraries, premises, furniture, apparatus, equipment and other means required
for carrying out the work of the University;
(i) establish and maintain
halls of residence and hostels or approve or license hostels or lodgings for
residence of students;
(j) recommend to the Board
admission of educational institutions to the privileges of the University and
withdraw such privileges;
(k) arrange for the
inspection of colleges and the departments;
(l) institute
professorships, associate professorships, assistant professorships,
lectureships and other teaching posts or to suspend or to abolish such posts;
(m) create, suspend or
abolish such administrative or other posts as may be necessary;
(n) prescribe the duties of
officers, teachers and other employees of the University;
(o) report to the Board on
matters with respect to which it has been asked to report;
(p) appoint members to
various authorities in accordance with the provisions of this Act;
(q) propose drafts of
statutes for submission to the Board;
(r) regulate conduct and
discipline of students of the University;
(s) take actions necessary
for good administration of the University in general and to this end exercise
such powers as are necessary;
(t) delegate any of its
powers to any authority or officer or a committee; and
(u) perform such other
functions as have been assigned to it by provisions of this Act or may be
assigned to it by statutes.
24.
Academic Council.—(1) There shall be an Academic Council of the
University consisting of the following, namely:---
(a) Vice-Chancellor who
shall be its chairperson;
(b) Deans of faculties and
such heads of departments as may be prescribed;
(c) five members
representing the departments, institutes and the constituent colleges to be elected
in the manner prescribed by the Board;
(d) five Professors
including Professors emeritus;
(e)
Registrar;
(f) Controller of
examinations;
(g) Librarian; and
(h) a member of the
Shariah advisory committee.
(2) The
Board shall appoint members of the Academic Council, other than ex officio
and elected members, on recommendation of the Vice-Chancellor:
Provided
that as regards the five Professors and the members representing the
departments, institutes and the constituent colleges, the Board 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 25.
Appointment of persons proposed by the representation committee may be made by
the Board on recommendation of the Vice-Chancellor.
(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.
25.
Powers and functions of the Academic Council.—(1) The Academic Council
shall be the principal academic body of the University and shall, subject to
the provisions of this Act and the statutes, have the power to lay down proper
standards of instruction, research and examinations and to regulate and promote
the academic life of the University and the colleges.
(2)
Without prejudice to the generality of the foregoing powers and subject to the
provisions of this Act and the statutes, the Academic Council shall have the
power to,---
(a) approve the policies
and procedures pertaining to the quality of academic programs;
(b) approve academic
programs;
(c) approve the policies
and procedures pertaining to student-related functions including admissions,
expulsions, punishments, examinations and certification;
(d) approve the policies and
procedures assuring quality of leaching and research;
(e) propose to the
Executive Committee schemes for the constitution and organization of faculties,
teaching departments and Board of studies;
(f) appoint paper setters
and examiners for all examinations of the University after receiving panels of
names from the relevant authorities;
(g) institute programs for
the continued professional development of University teachers at all levels;
(h) recognize examinations
of other universities or examining bodies as equivalent to the corresponding
examinations of the University;
(i) regulate award of
studentships, scholarships, exhibitions, medals and prizes;
(j) make regulations
for submission to the Board;
(k)prepare an annual
report on academic performance of the University; and
(l) perform such
functions as may be prescribed by regulations.
26.
Representation committees.—(1) There shall be a representation committee
constituted by the Board through statutes for recommendation of persons for
appointment to the Board in accordance with the provisions of Section 19.
(2)
There shall also be a representation committee constituted by the Board of
trustees through statutes for recommendation of persons for appointment to the
Executive Committee and the Academic Council in accordance with the provisions
of sections 22 and 24.
(3)
Members of the representation committee for appointment to the shall consist of
the following, namely:---
(a) three members of the
Board who are
(b) two persons nominated
from amongst the University teachers;
(c) one person from the
academic community, not employed by the University, at the level of professor
or college principal to be nominated by the University teachers in the manner
prescribed;
(d) one eminent citizen
with experience in administration, philanthropy, development work, law or
accountancy; and
(e) a member of the
Shariah advisory committee.
(4) The
representation committee for appointments to the Executive Committee and the
Academic Council shall consist of the following, namely:---
(a) two members of the
Board who are
(b) three persons
nominated from amongst the University teachers.
(5)The
tenure of the representation committees shall be determined by the Board of
trustees.
(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 University as are considered appropriate for
recommending persons for appointment to the various authorities and other
bodies of the University.
27.
Appointment of committees by certain authorities.—The Board of trustees,
Board, the Executive Committee, 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.
28.
Shariah advisory committee.—The Chancellor will appoint three members of this
committee headed by a competent Mufti or scholar in Islamic jurisprudence. The
Shariah advisory committee will give its recommendations in the light of
Islamic Shariah on any matter referred to it by any of the committees mentioned
herein above in this Act for consideration and taking decision on a compliant
with regard to Islamic jurisprudence.
CHAPTER V
STATUTES, REGULATIONS AND RULES
29.
Statutes.—(1) Subject to the provisions of this Act, statutes,
to be published in the official Gazette, may be made to regulate or prescribe
all or any of the following matters, namely:---
(a) the contents of and
the manner in which the annual report to be presented by the Vice-Chancellor
before the Board shall be prepared;
(b) the University fees
and other charges;
(c) scales of pay and
other terms and conditions of service of officers, teachers and other
University employees;
(d) maintenance of the
register of registered graduates;
(e) admission of
educational institutions to the privileges of the University and the withdrawal
of such privileges;
(f) establishment of
faculties, departments, institutes, colleges, study centers and other academic
divisions;
(g) powers and duties of
officers and teachers;
(h) conditions under which
the University may enter into arrangements with other institutions or with
public bodies for purposes of research and advisory services;
(i) conditions for
appointment of emeritus Professors and award of honorary degrees;
(j) efficiency and
discipline of University employees;
(k) constitution and
procedure to be followed by the representation committees in carrying out
functions in terms of this Act;
(l)
constitution and procedure to be followed by the search committee for
appointment of the Vice-Chancellor;
(m) constitution, functions and powers of the authorities
of the University; and
(n) all other matters which by this Act are to be or may
be prescribed or regulated by statutes.
(2) The
draft of statutes shall be proposed by the Executive Committee to the Board
which may approve or pass with such modifications as the Board may think fit or
may refer back to the Executive Committee, as the case may be, for reconsideration
of the proposed draft:
Provided
that statutes concerning any of the matters mentioned in clauses (a) and (I) of
sub-section (1) shall be initiated and approved by the Board, after seeking
views of the Executive Committee:---
Provided
further that the Board of trustees may initiate a statute with respect to any
matter in its power or with respect to which a statute may be made in terms of
this Act and approve such statute after seeking views of the Board and the
Executive Committee.
30.
Regulations.—(1) Subject to the provisions of this Act and the
statues, the Academic Council may make regulations, to be published in the
official Gazette, for all or any of the following matters, namely:---
(a) courses of study for
degrees, diplomas and certificates of the University;
(b) manner in which the
teaching referred to in sub-section (1) of Section 6 shall be organized and
conducted;
(c) admission and
expulsion of students to and from the University;
(d) conditions under which
students shall be admitted to the courses and examinations of the University
and shall become eligible for award of degrees, diplomas and certificates;
(e) conduct of
examinations;
(f) conditions under which
a person may carry on independent research to entitle him to a degree;
(g) institution of
fellowships, scholarships, exhibitions, medals and prizes;
(h) use of the library;
(i) formation of
faculties, departments and Board of studies; and
(j) all other matters
which by this Act 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 Board which may approve them or withhold approval or refer them back to the
Academic Council for reconsideration. A regulation proposed by the Academic
Council shall not be effective unless it receives approval of the Board.
(3)
Regulations regarding or incidental to matters contained in clauses (g) and (i)
of sub-section (1) shall not be submitted to the Board without prior approval
of the Executive Committee.
31.
Amendment and repeal of statutes and regulations.—The procedure for
adding to, amending or repealing the statutes and the regulations shall be the
same as that prescribed respectively for framing or making Statutes and
Regulations.
32.
Rules.—(1) The authorities and other bodies of the University may make rules,
to be published in the official Gazette, consistent with this Act, statutes and
the regulations, to regulate any matter relating to affairs of the University
which has not been provided for under this Act or that is not required to be
regulated by statutes and regulations, including rules to regulate the conduct
of business and the time and place of meetings and related matters.
(2)
Rules shall become effective upon approval by the Executive Committee and the
Shariah advisory committee.
CHAPTER VI
UNIVERSITY FUND
33.
University fund.—(1) The University shall have a fund to which shall be
credited its income from fees, donations, trusts, bequests, endowments, grants,
contributions and all other sources.
34.
Audit and accounts.—(1) The accounts of the University shall be
maintained in such form and manner as may be determined by the Board and shall
work under the Finance and Planning committee. The committee shall consist of
Vice-Chancellor, all the Deans, one member of the Board nominated by the Board,
one nominee of the Academic Council and one member of the independent auditor. The
quorum of the meeting shall be five and term of nominated members will be three
years. The Director finance shall be the Secretary of the Finance and Planning
Committee.
(2)
Function of committee shall be to prepare the annual statement of accounts, propose
and annual budget estimates and advice to the Board thereon, review
periodically the financial position of the university and advice the Board on
all matters related to finance, investment and accounts of the university and
perform such other functions as may be prescribed by the statutes.
CHAPTER VII
GENERAL PROVISIONS
35. Commencement of term of members
of authorities.—(1) When a member of
an authority is elected, appointed or nominated, his term of office, as fixed
under this Act shall commence from such date as may be prescribed.
(2)Where a member who has accepted any
other assignment or for any other similar reason remained absent from the
University for a period of not less than six months, he shall be deemed to have
resigned and vacated his scat.
36. Disputes about membership of
authorities.—(1) Notwithstanding
anything contained in this Act, a person nominated or appointed to any
authority shall cease to be member of such authority as soon as he ceases to
hold the position by virtue of which he was nominated or appointed.
(2) If a question arises whether any
person is entitled to be a member of any authority, the matter shall be
referred to a committee consisting of the Chancellor, two nominees of the Board
and a nominee of the Vice-Chancellor and decision of the committee thereon
shall be final and binding.
37. Proceedings of authorities not
invalidated by vacancies.—No act,
resolution or decision of any authority shall be invalid by reason of any
vacancy on the authority doing, passing or making it or by reason of any want
of qualification or appointment or nomination of any de facto member or the
authority, whether present or absent.
38. Removal of difficulties.—If any difficulty arises as to the first constitution
or reconstitution of any authority upon coming into force of this Act or
otherwise in giving effect to any provision of this Act, the Patron may give
appropriate directions to remove such difficulty.
39. Indemnity.—No suit or legal proceedings shall lie against the
Government, the University or any authority or employee of the University or
any person, in respect of anything which is done or purported to have been done
in good faith under this Act.
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