Updated: Wednesday January 01, 2014/AlArbia'a
Safar 29, 1435/Budhavara
Pausa 11, 1935, at 03:46:30 PM
[1][1]The
(Pb. Act XIV of 2004)
[12 June 2004]
An Act to provide for the establishment of
the
Preamble.– Whereas it is expedient to
provide for the establishment of the GIFT University, Gujranwala in the private
sector and matters connected therewith and ancillary thereto;
It
is hereby enacted as follows:---
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,---
(a) “Academic Council” means the Academic Council
of the University;
(b) “Authority” means any of the Authorities of
the University specified in section 12;
(c) “Board” means the Board of Governors;
(d) “Chairperson of Department” means the Head of
a teaching department;
(e) “Company” means the GIFT Educational (Private)
Limited registered under the Companies Ordinance, 1984 (XLVII of 1984);
(f) “Dean” means the Chairman of the Board of a
Faculty;
(g) “Faculty” means a faculty of the University;
(h) “Government” means the Government of the
(i) “Patron” means the Patron of the University;
(j) “Rector” means the Rector of the University;
(k) “Registrar” means the Registrar of the
University;
(l) “Statutes”, “Regulations” and “Rules” mean
respectively the Statutes, the Regulations and the Rules made or deemed to have
been made under this Act; and
(m) “University” means the
3. Establishment
of the University.– (1) There shall be
established a University to be called the
(2) The
University shall be a body corporate having perpetual succession and a common
seal with power to acquire, hold and dispose of property and shall, by the said
name, sue and be sued.
4. Functions
and powers of the University.–
The functions and powers of the University shall be,---
(a) to provide for
instruction and training in,---
(i) Computer
Sciences, Business & Commerce, Management Sciences, Arts and Social
Sciences, Accounting and Finance, Fine Arts, Design and Architecture; and
(ii) such other branches of learning as the Board
may determine with the approval of the Patron given on the recommendation of a
committee constituted by the Education Department:
Provided
that in case of medical and engineering education, approval of the Pakistan
Medical & Dental Council and Pakistan Engineering Council respectively
shall be a pre-requisite;
(b) to provide for research, demonstration and
other services, and for the advancement and dissemination of knowledge;
(c) to hold examinations in a manner as may be
determined by the Government and confer on or award degrees, diplomas,
certificates and other academic distinctions to persons who have passed its
examinations;
(d) to select and promote Faculties;
(e) to prescribe courses of studies;
(f) to establish and support other facilities for
education, training and research; and
(g) to decide teaching methods and strategies in
order to ensure the most effective educational and training programs.
5. Jurisdiction.–
(1) The jurisdiction of the University shall be restricted to the Province of
the
(2) The University shall not open any
sub-campus or affiliate any other educational institution for a period of ten
years from the commencement of this Act after which period it may have
sub-campuses with the approval of the Patron.
6. Patron.–
(1) The Governor of the
(2) The
Patron or his nominee shall preside at the convocations of the University.
(3) Every
proposal to confer an honorary degree shall be subject to confirmation by the
Patron.
(4) The
Patron shall have the power to assent to the Statutes submitted to him by the
Board or refer them back to the Board for reconsideration.
7. Inspection and inquiry.– (1) The Patron
may cause an inspection or inquiry to be made in respect of any matter
connected with the affairs of the University.
(2) The Patron shall communicate to the
Board his views with regard to the result of the inspection or inquiry and
shall, after ascertaining the views of the Board, advise the Board on the
action to be taken by it.
(3) The
Board shall, within such time as may be specified by the Patron, communicate to
him such action as has been taken as a result of the inspection or inquiry.
(4) Where the Board does not, within the
time specified, take action to the satisfaction of the Patron, the Patron may
issue such directions as he thinks fit and the Board shall comply with all such
directions.
(5) The Patron may, on the recommendation of a committee constituted by him and comprising a nominee of the Board, a Judge of the Lahore High Court to be nominated by the Chief Justice of the said Court and a Professor Emeritus or Vice Chancellor, take appropriate action against the University by appointing an administrator who shall exercise the powers of the Board to run the affairs of the University till such time as may be specified:---
Provided that no action under sub-section (5) shall be taken unless the Chairman of the Board is afforded an opportunity of being heard.
(6) The
Government may make Rules to give effect to the provisions of sub-section (5).
(7) The Patron shall have the authority to
annul any decision or action of the Board, which he thinks was taken against
the interest of academic excellence, religious and cultural ideology and
national integrity.
8. Rector.– (1) The Rector shall be appointed by the Government who
shall be an eminent scholar of national repute, on such terms and conditions as
may be determined on the recommendations of the Board.
(2) The
Rector shall perform such functions as are assigned to him by the Board.
9. Appointments.–
The University may appoint such persons in its services as may be necessary on
such terms and conditions as may be determined by the Board.
10. University
fund.– There shall be a fund to be known as the
11. Budget, audit and
accounts.– The budget of the University shall be approved and its accounts
shall be maintained and audited in such manner as may be prescribed by the
Board.
12. Authorities
of the University.– The following shall
be the Authorities of the University:---
(a) the Board of Governors;
(b) the Academic Council;
(c) the Boards of Faculties;
(d) the Board of Advanced Studies and Research;
(e) the Selection Board;
(f) the Finance and Planning Committee; and
(g) such other Authorities as may be prescribed by
the Statutes and the Regulations.
13. Board
of Governors.– (1) The Board of Governors of the University shall consist
of the following:---
(i) the Chairman of the Company;
(ii) members of the Board of Directors of the
Company subject to a maximum of eight members;
(iii) the Chairman, Higher Education Commission or
his nominee not below the rank of a Director;
(iv) a
Vice Chancellor of a
(v) the Rector; and
(vi) Secretary
to Government of the
(2) The
Chairman of the Company shall be the Chairman of the Board.
(3) The
quorum for a meeting of the Board shall be one half of the total number of
members, a fraction being counted as one; provided that at least two members
shall be official members.
14. Powers
and duties of the Board.– (1) The administration and management of
the affairs of the University shall vest in the Board.
(2) The
Board shall forward the draft of Statutes to the Patron for approval.
15. Business
of the Board.– (1) The meetings and
business of the Board shall be conducted in such manner and in accordance with
such procedure as may be prescribed in the Regulations and until these matters
are prescribed, as may be determined by the Board.
(2) No Statute, Regulation or proceeding of
the Board shall be invalid by reason of any vacancy or defect in the
constitution of the Board.
16. Delegation
of powers.– The Board may delegate to any person or a committee any of its
powers, duties or functions.
17. Academic
Council.– (1) The Academic Council shall consist of,---
(i) the Rector (Chairman);
(ii) all the Deans;
(iii) all the Heads of the Departments/Institutes;
(iv) all Professors and Associate Professors of the
University;
(v) nominee of the Secretary Education not below
the rank of Deputy Secretary;
(vi) two Associate Professors, two Assistant
Professors and two Lecturers to be nominated by the Board;
(vii) three persons eminent in the fields of arts
and sciences of whom at least one shall be from each category, to be nominated
by the Board;
(viii) Director Academic, Higher Education
Commission; and
(ix) the Registrar (Member/Secretary).
(2) Members
appointed by nomination shall hold office for three years.
(3) The quorum for a meeting of the Academic
Council shall be one half of the total number of members, a fraction being
counted as one.
18. Powers
and duties of Academic Council.– (1) The Academic Council shall be the
academic body of the University and shall, by the Statutes, have the powers to
lay down proper standards of instruction, research, publication and examination
and to regulate and promote the academic life of the University.
(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
powers to,---
(a) advise the Board on academic matters;
(b) regulate the conduct of teaching, research and
publication;
(c) regulate the admission of students to the
courses of studies and examinations in the University;
(d) regulate the conduct and discipline of the
students of the University;
(e) propose to the Board, scheme for the
constitution and organization of Faculties and teaching departments;
(f) consider or formulate proposals for the
planning and development of teaching and research in the University;
(g) make Regulations prescribing the courses of
studies, the syllabi and the outlines of tests for all University examinations
subject to approval of the Board;
(h) regulate the award of studentships,
scholarships, exhibitions, medals and prizes;
(i) frame Regulations for submission to the
Board;
(j) appoint or nominate members to the various
Authorities in accordance with the provisions of this Act; and
(k) perform such other functions as may be
prescribed by the Statutes.
19. Statutes.– Subject
to the provisions of sub-section (6) of section 7 and section 21, Statutes may
be made to provide for and to regulate any matter relevant to the University.
20. First Statutes.– Notwithstanding anything to the
contrary contained in this Act, the Statutes
set out in the Schedule appended to this Act shall be deemed to be the Statutes
framed under section 19 of this Act and shall continue to remain in force until
amended or repealed.
21. Regulations.–
The Board may, by notification, make Regulations for the administration and
management of the affairs of the University.
22. Removal of
difficulties.– If any difficulty arises in giving effect to any of the
provisions of this Act, the Board may, with the approval of the Government,
give such directions, not inconsistent with the said provisions, as it may
consider necessary for the removal of such difficulty.
SCHEDULE
(See section 19)
THE FIRST
STATUTES OF
THE
1. Faculties.– There shall be a faculty for a
teaching department or a group of teaching departments. The University shall
include the following faculties and such other faculties as may be prescribed:-
(a) Faculty
of Computer Sciences;
(b) Faculty
of Business & Commerce;
(c) Faculty
of Management Sciences;
(d) Faculty of Arts & Social Sciences;
(e) Faculty of Accounting & Finance; and
(f) Faculty of Fine Arts, Design and
Architecture.
2. Board
of Faculty.– (1) There shall
be a Board of each Faculty which shall consist of,---
(a) the
Dean of the Faculty;
(b) the Professors and the heads of the teaching
departments in the Faculty;
(c) one member other than Professors and head of
each teaching department to be nominated by the Head of Department;
(d) two teachers to be nominated by the Academic
Council by reason of their specialized knowledge of the subjects which, though
not assigned to the Faculty, have in the opinion of the Academic Council,
important bearing on the subjects assigned to the Faculty;
(e) two experts in the field from outside the
University to be appointed by the Board of Governors; and
(f) one member to be nominated by the Rector.
(2) The
members other than ex-officio members shall hold office for a period of three
years.
(3) The quorum for a meeting of the Board of
a Faculty shall be one half of the total number of members, a fraction being
counted as one.
(4) The
Board of each Faculty shall, subject to the general control of the Academic
Council and the Board, have the powers to–
(i) co-ordinate the teaching and research work in
the subjects assigned to the Faculty;
(ii) scrutinize the recommendations of the Boards of Studies comprising
the Faculty with regard to the appointment of paper-setters and examiners for
Graduate and Postgraduate examinations and to forward the panels of suitable
paper-setters and examiners for each examination to the Rector;
(iii) consider any other academic matter relating to
the Faculty and to submit its report to the Academic Council;
(iv) prepare a comprehensive annual report
regarding the performance of each department comprising the Faculty for
presentation to the Academic Council; and
(v) perform such other functions as may be
prescribed by the Statutes.
(5) There
shall be a Dean of each Faculty who shall be the Chairman and Convener of the
Board of Faculty.
(6) The
Dean shall be appointed by the Board from amongst the three senior most
Professors of the Faculty on the recommendation of the Rector and shall hold
office for a period of three years and shall be eligible for reappointment.
(7) The Dean shall present candidates for
admission to degree, except honorary degrees, courses falling within the
purview of the Faculty.
(8) The
Dean shall have such powers and duties as may be prescribed by the Board on the
recommendations of the Rector.
3. Academic
Departments and Heads of the Departments.–
(1) There shall be an Academic Department for each subject or a group of
subjects, as may be prescribed by the Regulations and each Academic Department
shall be headed by a Head of Department.
(2) The Head of an Academic Department shall
be appointed by the Board on the recommendations of the Rector from amongst
three senior most Professors, other than a Professor already working as Dean,
for a period of three years and shall be eligible for re-appointment; provided
that in a department where there are less than three eligible Professors, the
appointment shall be made from amongst the three senior most Professors and
Associate Professors of the Department.
(3) The
Head of the Department shall plan, organize and supervise the work of the
department and shall be responsible to the Dean for the work of his department.
(4) The
Head of the Department shall, under the general supervision of the Rector and
the Dean, exercise all administrative, financial and academic powers and such
other duties or powers as may be delegated to him.
(5) The
heads of the departments shall prepare a comprehensive annual report regarding
the performance of department at the Graduate and Postgraduate levels, Faculty
research and development and submit this report to the Dean of the Faculty for
his evaluation.
4. Board
of Advanced Studies and Research.– (1) The Board of Advanced Studies and
Research shall consist of,---
(a) the Rector (Chairman);
(b) all the Deans;
(c) one University Professor from each Faculty
other than Dean to be appointed by the Board;
(d) one member to be nominated by the Rector;
(e) three members from
the relevant field, research organizations and Government departments, to be
nominated by the Board; and
(f) the Registrar (Secretary).
(2) The term of office of the members of the
Board of Advanced Studies and Research, other than ex-officio members, shall be
three years.
(3) The
quorum for a meeting of the Board of Advanced Studies and Research shall be one
half of the total number of members, a fraction being counted as one.
5. Functions
of the Board of Advanced Studies and Research.– The functions of the Board
of Advanced Studies and Research shall be to,---
(a) advise the Authorities on all matters
connected with the promotion of advanced studies and research publication in
the University;
(b) consider and report to the Authorities of
research degrees in the University;
(c) propose Regulations regarding the award of
research degrees;
(d) appoint supervisors for Postgraduate research
students and to approve titles and synopsis of their thesis/dissertations;
(e) recommend panels of names of examiners for
evaluation of their other research examinations; and
(f) perform such other functions as may be
prescribed by the Statutes.
6. Selection
Board.– (1) The Selection Board shall consist of,---
(a) the Rector (Chairman);
(b) the Dean of the Faculty concerned;
(c) the Head of the Academic Department concerned;
(d) one member of the Board of Governors to be nominated
by the Board;
(e) one eminent scholar to be nominated by the
Board of Directors of the Company; and
(f) one expert in the subject to be nominated by
the Secretary to Government of the
(2) The
Registrar shall be the Secretary of the Selection Board.
(3) The
members other than ex-officio members shall hold office for a period of three
years.
(4) The
quorum for a meeting of the Selection Board shall be four.
(5) No
member who is a candidate for the posts to which appointment is to be made
shall take part in the proceedings of the Selection Board.
(6) In
selection of candidates for the posts of Professors and Associate Professors,
the Selection Board shall co-opt or consult three experts in the subject
concerned and in selecting candidates for other teaching posts, two experts in
the subject concerned, to be nominated by the Rector from a standing list of
experts for each subject approved by the Board on the recommendation of the
Selection Board and revised from time to time.
7. Functions
of the Selection Board.– The
functions of the Selection Board shall be to,---
(a) consider the applications and recommend to the
Board of Governors the names of suitable candidates for appointment to teaching
and other posts, as the case may be, and recommend suitable salary for the
candidate concerned; and
(b) consider all cases of
promotion or selection of officers of the University and recommend the names of
suitable candidates for such promotion or selection to the Board.
8. Finance
and Planning Committee.– (1) The Finance and Planning Committee shall
consist of,---
(a) the Rector (Chairman);
(b) all the Deans;
(c) one member of the Board to be nominated by the
Board;
(d) one member of the Academic Council to be
nominated by the Academic Council;
(e) one representative each from Education
Department and Finance Department of the Government of the
(f) Director Planning, Higher Education
Commission;
(g) the Registrar; and
(h) one nominee of the Board of Directors of the Company.
(2) The term of office of the nominated
members shall be three years.
(3) The
quorum for a meeting of the Finance and Planning Committee shall be five.
9. Functions
of the Finance and Planning Committee.– The functions of the Finance and
Planning Committee shall be to,---
(a) prepare the annual statement of accounts and
propose annual budget estimates and advise the Board thereon;
(b) review periodically the financial position of
the University;
(c) advise the Board on all matters relating to
finance, investments and accounts of the University; and
(d) perform such other functions as may be prescribed by the Statutes.
[1][1]This Act was passed by the
Punjab Assembly on 27 May 2004; assented to by the Governor of the
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