Updated: Tuesday October 11, 2016/AthThulatha
Muharram 10, 1438/Mangalavara
Asvina 19, 1938, at 12:05:28 PM
The
ACT XIII OF 2011
An Act to provide for the establishment
of the National Defense
WHEREAS, in view of the everlasting
need of an apex institution to impart higher education in the fields of
national defense and Security to meet contemporary and future challenges and to
promote our national interests, it is imperative to establish a world class set
of learning to disseminate knowledge related to strategy, statecraft, security,
management and other relevant areas of study and to provide for matters
connected therewith or ancillary thereto.
It is hereby enacted as follows:---
CHAPTER 1
PRELIMINARY
1. Short title and commencement.___(1) This Act may be called the National Defense
University Act, 2011.
(2) It shall cone into force at once,
and shall be deemed to have taken effect on the 5th day of June,
2007.
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) “
(c) “Authority”
means any of the authorities of the University specified or set up under
section 15;
(d) “Chancellor”
means the Chancellor of the University;
(e) “Commandant”
means the head of the constituent or affiliated college:
(f) “College”
means a college constituted or affiliated with the University:
(g) “Commission”
means the Higher Education Commission under the Higher Education Commission
Act, 2002 (LIII of 2002);
(h) “
(i) “Dean”
means the head of a Faculty or the head of an academic body granted the status
of a Faculty by this Act or by the Statutes or Regulations:
(j) ”Director-General
“ means the head of the constituent or affiliated institute;
(k) “Department”
means a teaching department maintained and administered, or recognized by the
University in the manner prescribed:
(l) ”Faculty”
means an administrative and academic unit of the University consisting of one
or more departments, as prescribed;
(m) ”Government”
means the Federal Government;
(n) “
(o) “prescribed“
means prescribed by Statutes. Regulations or Rules made under this Act;
(p) “President”
means President of the University appointed under section 10:
(q) “Representation
Committees” means the Representation Committees constituted under section
23:
(r) “Review
Panel” means the Review “Panel set up by the Chancellor in• accordance with the
provisions of section 8;
(s) “Statutes”,
“Regulations” and “Rules” mean respectively the Statutes, the Regulations and
the Rules made under this Act;
(t) “Senate”
means the Senate of the University;
(u) “Syndicate”
means Syndicate of the University;
(v) “Teachers”
include Professors, Directing Staff (DS), Associate Professors, Assistant
Professors and Lecturers engaged whole-time by the University or by a
constituent or affiliated college and such other persons as may be declared to
be the teachers by regulations:
(w) “University”
means the National Defense University (NDU) established under this Act;
and
(x) “University
Teacher“
means a whole-time teacher appointed and paid by the University, or recognized
by the University as such.
CHAPTER II
THE UNIVERSITY
3.
Establishment and incorporation of the University.___(1) There shall be established a University to be
called the
(a) The Chancellor, the
members of the Senate, and the President;
(b) the members of the
authorities of the University established under section 15;
(c) all University
teachers and persons recognized as students of the University in accordance
with terms prescribed from time to time; and
(d) all other full-time
officers and members of the staff of the University.
(2) The
University shall be a body corporate by the name of the National Defense
University, having perpetual succession and a common seal, and may sue and be
sued by the said name.
(3) The
principal seat of the University shall be at
(4) The
University shall be competent to acquire and hold the 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) The
University 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 Act and the
Higher Education Commission Act, 2002 (LIII of 2002).
(6) 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 University.
4.
Purposes and powers of the University. The University shall
have the following purposes and 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 the colleges;
(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 University 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 such
instruction for persons not being students of the University as it may
prescribe, and to grant certificates and diplomas to such persons;
(viii) to institute programmes
for the exchange of students and teachers between the University and other
universities, educational institutions and research organizations, inside as
well as outside
(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 University;
(xiii) to confer degrees on
persons who have carried on independent research under prescribed conditions;
(xiv) to affiliate and
disaffiliate educational institutions under prescribed conditions;
(xv) to inspect colleges and
other educational institutions affiliated or seeking affiliation with it;
(xvi) 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;
(xvii) to co-operate with
other Universities, public authorities or private organizations, inside as well
as outside
(xviii) to institute
professorships associate professorships assistant professorships and
lectureships and any other posts and to appoint persons thereto;
(xvix) to create posts for
research, extension, administration and other related purposes and to appoint
persons thereto;
(xx) to recognize selected
members of the- teaching staff of, affiliated colleges or
educational institutions admitted to the privileges of the University or such
other persons as it, may deem fit, as University teachers;
(xxi) to institute and award
financial assistance to students in need, fellowships, scholarships, bursaries,
medals and prizes under prescribed conditions;
(xxii) to establish teaching
departments, colleges, faculties, institutes, workshops, libraries, museums and
other centres of learning for the development of teaching and research and to
make such arrangements for their maintenance, management and administration as
it may prescribe;
(xxiii) to provide for the
residence of the students of the University and the colleges, to institute and
maintain halls of residence and to approve or license hostels and lodging;
(xxiv) to
maintain order discipline and security on the campuses of the University and
the colleges;
(xxv) to promote the extra
curricular and recreational activities of such students, and to make
arrangements for promoting their health and general welfare;
(xxvi) to demand and receive
such fees and other charges as it may determine;
(xxvii) 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;
(xxviii) to enter into, carry
out, vary or cancel contracts;
(xxvix) 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;
(xxx) to provide for the
printing and publication of research and other works; and
(xxi) 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.
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, colour or domicile
who qualify for admission to the courses of study offered by the University
based on the criteria determined by the Syndicate and no person shall be denied
the privileges of the University on the ground only of religion, race, caste,
creed, class, colour or domicile.
(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 shall not be made except in
special circumstances and only with the approval of the, Chancellor.
(3) The
University shall institute financial aid programmer 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 University and the various
opportunities provided by it to be based on merit rather than ability to pay:---
Provided
that the University may institute self-finance schemes not covering more than
ten percent of the total number of candidates in any on-campus taught course or
research-based programmer of study.
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, distance learning and other methods of
instruction as well as practical work in the workshops and other governmental
or private organizations.
(2) The
authority responsible for organizing recognized teaching shall be such as may
he prescribed.
CHAPTER III
OFFICERS OF THE
UNIVERSITY
7.
Principal officers. The following shall be
the principal officers of the University, namely:---
(a) the Chancellor;
(b) the President;
(c) the Deans;
(d) the Commandants or the
Director-Generals of the constituent colleges and institutes;
(e) the Chairpersons or
Chief Instructors of teaching departments;
(f) the Registrar;
(g) the Controller of Examinations;
(h) the Director
Administration;
(i) the Director Finance;
and
(j) such other persons, as
may be prescribed by the Statutes or Regulations to' be the principal officers
of the University.
8.
The Chancellor.(1) The President of
the Islamic Republic of Pakistan shall be the Chancellor of the University.
(2) The
Chancellor shall, when present preside at the meetings of the Senate and the
Convocation of the University. In the absence of Chancellor the Senate may
request a person of eminence or President to preside over the convocation of
the University.
(3) The
members of the Senate shall be appointed by the Chancellor from amongst the
persons recommended by the Representation Committee, set up for this purpose
under sub-section (1) of section 23 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 a serious irregularity or mismanagement with
respect to the affair's of the University has occurred, he may,---
(a) as regards proceedings
of the Senate direct that specified proceedings be 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 he
submitted within such time as may he prescribed by the Chancellor. The review
panel shall be drawn from persons of eminence to academics and in the fields of
defense and security, 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; or
(b) has become
incapacitated to function as member of the Senate; or
(c) has been convicted by
a court of law for an offence involving men 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 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
President in his capacity as a member of the Senate.
10.The
President.(1) There shall he a
President of the University who shall be a senior military officer from
Pakistan Army and shall be appointed on such terms and conditions as may be
prescribed.
(2) The
President 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 the Act, Statutes, Regulations and Rules are
faithfully observed in order to promote the general efficiency and good order
of the University. The President shall have all powers prescribed for this
purpose including administrative control over the officers, teachers and other
employees of the University.
(3) The
President shall, if present, be entitled to attend any meeting of any Authority
or body of the University.
(4) The
President may in an emergency that in his opinion requires immediate action
ordinarily not in the competition of President, 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
President 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 the purposes of the University;
(b) to sanction by
re-appropriation an amount not exceeding an amount prescribed by the Senate for
an unforeseen item not provided for in the budget and report it to the Senate
at the next meeting;
(c) to make appointments of
such categories of employees of the University 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 University 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 Act to an
officer or officers of the University; and
(f) to exercise and perform
such other powers and functions as may be prescribed.
(6) The
President 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
President's annual report shall be made available, prior to its presentation
before the Senate, to all officers and University teachers and shall be
published in such numbers as are required to ensure its wide circulation.
11.
Appointment and removal of the President. (1) When ever the office of the President fails vacant
or is likely, to fall vacant the Chief of the Army Staff shall recommend a
suitable officer selected through a search process for approval by the
Chancellor for appointment as the President.
(2) The
President shall be appointed for a renewable tenure of five years or less on
terms and conditions prescribed by the Statutes. The tenure of an incumbent
President shall be renewed by the Chancellor on recommendations of Chief of the
Army Staff.
(3) At
any time when the office of the President is vacant or the President is absent
or is unable to perform the functions of his office due to illness or some
other cause, the Senate shall make arrangements in accordance with the Statutes
for the performance of the duties of the President.
12.
Registrar.(l) There shall be a
Registrar of the University who shall be appointed by the Senate on the
recommendation of the President, 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 such 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 records of the University;
(c) maintain a register of
registered graduates. in the prescribed manner;
(d) supervise the process
of election, appointment of nomination of members to the various authorities
and other bodies in the prescribed manner; and perform such other duties as may
be prescribed.
(4) The
term of office of the Registrar shall, unless renewed, be for a period of three
years:---
Provided
that the Senate may, on the advice of the President, terminate the appointment
of the Registrar on ground of inefficiency or misconduct in accordance with
prescribed procedure.
13.
Director Finance. (1) There shall be a
Director Finance of the University who shall be appointed by the Senate on the
recommendation of the President on 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 Director Finance shall be as may be prescribed.
(3) The
Director Finance 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 the annual and
revised budget estimates of the University and present them to the Syndicate or
a committee thereof for approval and incorporation in the budget to he
presented to the Senate:
(c) ensure that the funds
of the University are expended on the purposes for which they are provided.
(d) have the accounts of
the University 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 Director Finance shall, unless renewed, be for a period
of three years:---
Provided
that the Senate may, on the advice of the President terminate the appointment
of the Director Finance 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 President, 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 dray 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 perform such other duties as may 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 President, terminate the appointment
of the Controller of Examinations on grounds of inefficiency or misconduct in
accordance with prescribed procedure.
CHAPTER IV
AUTHORITIES OF THE
UNIVERSITY
15.
Authorities.(1) The following shall
be the authorities of the University, namely:---
(i) the Senate;
(ii) the Syndicate; and
(iii) the Academic Council;
(iv) the Advanced Studies
and Research Board;
(v) the Board of Faculty;
(vi) the Board of Studies;
(vii) the Finance and
Planning Committee;
(viii) the Representation
Committees for appointment to the Senate, Syndicate and the Academic Council in
accordance with relevant provision of the Act;
(ix) the Selection Board;
and
(x) such other authorities
as may be constituted by the Senate.
(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 University for the purposes of this
Act.
16.
Senate.(1) The Senate shall be
responsible for governance, general supervision and control of the affairs
including laying down broad policies of the University and shall consist of the
following, namely:---
(a) the Chancellor who
shall be the chairperson of the Senate;
(b) the President;
(c) the Chairman Joint
Chiefs of Staff Committee, the Chief of the Army Staff; the Chief of the Naval
Staff and the Chief of the Air Staff or their nominees.
(d) not less than one
member of the Government not below the tank of Additional Secretary from the
Ministry of Education or any other department relevant to the special focus of
the University;
(e) four persons from
society at large being persons of distinction in the fields of defense and
security strategy statecraft administration and management such that the
appointment of these persons reflects a balance across the various fields:---
Provided
that the 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
Senate;
(f) one person from
amongst the alumni of the University;
(g) 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;
(h) four University
Teachers; and
(i) one person nominated
by the Commission.
(2) The
numbers of the members of the Senate described against clauses (f) to (i) of
sub-section (I) may he 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 University Teachers and the increase is balanced to the
extent possible, in proportion to 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 ('f) and (g) of sub-section (1) shall he made from
amongst a panel of three names for each vacancy recommended by the
Representation Committee set up in term, 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 University Teachers described in clause (h) of
sub-section (1) the Senate shall prescribe a procedure for appointment on the
basis of elections that provide for voting by the various categories of
University Teachers:---
Provided
also that the Senate may alternatively prescribe that appointment of University
Teachers to the Senate shall also be in the manner provided by this sub-section
for the persons described in clauses (f) and (g) of sub-section (1).
(4)
Members of the Senate, 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 Senate, tube determined by lot, shall retire from office on
the 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 Senate, to he 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 ex officio members, shall retire from office on the
expiration of the third year:---
Provided
that no person, other than an ex-officio member, may serve on the Senate for more
than two consecutive terms:---
Provided
further that the University Teachers appointed to the 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 he on honorary basis but actual expenses may be,
reimbursed as prescribed.
(7) The
Registrar shall he the secretary of the Senate.
(8) In
the absence of the Chancellor meetings of the Senate shall be presided Over by
the senior most serving military officer from amongst the members of the
Senate, not being an employee of the University, as the Chancellor may, from
time to time, nominate. The member so nominated shall be the convener of the
Senate.
(9)
Unless otherwise prescribed by this Act, all decisions of the Senate shall be
taken on the basis of the 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 Senate shall be two-thirds of its membership, a fraction
being counted as one.
17.
Powers and functions of the Senate.(1) The Senate shall
have the powers of general supervision over the University and shall hold the
President and the Authorities accountable for all the functions of the
University. The Senate shall have all powers of the University not expressly
vested is an Authority or, officer by this Act and all other powers
not expressly mentioned by this Act that are necessary for the performance of
its functions.
(2)
Without prejudice to the generality of the foregoing powers, the Senate shall
have the following powers namely:---
(a) to approve the
proposed annual plan of work, the annual and the revised budget,
the annual report and the annual statement of the account;
(b) to hold control and
lay down policy for the administration of the property, funds and investments
by the University, including the approval of the sale and purchase or acquisition
of immovable property;
(c) to oversee the quality
and relevance of the University’s academic programmes and to review the
academic affairs of the University in general;
(d) to approve the
appointment of the 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 strategic
plans;
(g) to approve financial
resource development plans of the University;
(h) to consider the drafts
of Statutes and Regulations proposed by the Syndicate and the Academic Council
and deal with them in the manner as provided for in sections 25 and 26, as the
case may be:---
Provided
that the Senate may make a Statute or Regulation on its own initiative and
approve it after calling for the advice of the Syndicate or the Academic
Council as the ease maybe;
(i) to annul by order
in writing the proceedings of any Authority or officer if the Senate 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 Senate in accordance with the
provisions of this Act;
(k) to make
appointments of members of Syndicates, in accordance with the provisions of
this Act;
(l) to make appointments
of the members of Academic Council other than ex-officio members, in accordance
with the provisions of this Act;
(m) to appoint Emeritus
Professor on such terms and conditions as may be prescribed;
(n) to remove any person
from the membership of any authority if such person
(i) has become of
unsound mind; or
(ii) has become
incapacitated to function as member of such Authority; or
(iii) has 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
Senate may, subject to the provisions of this Act, delegate all or any of its
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
Senate may create pew posts “or positions at the additional campus.
18.
Visitations. The Senate may, in
accordance with terms and procedures as may be prescribed, cause an inspection
to be made in respect of any matter connected with the University.
19.
Syndicate.-(1) There shall be a Syndicate headed by the President to
formulate rules, regulations and statutes and so on for day to day functioning
of the University, within the framework of policies laid down by the Senate.
Other members of the committee would consist of,---
(a) the President who shall
be its Chairperson;
(b) the Deans of Faculties
of the University;
(c) Heads of the constituent
colleges and institutes;
(d) three professors or
directing staff from different departments who are not members of the Senate to
be elected by the University Teachers in accordance with procedure to be
prescribed by the Senate;
(e) the Registrar;
(f) the Director Finance;
and
(g) the Controller of
Examinations;
(2) Members
of the Syndicate, other than ex officio members, shall hold office for three
years.
(3) As
regards three professors specified in clause (d) 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 President.
(4) The
quorum for a meeting of the Syndicate shall be 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 a year.
20.
Powers and duties of the Syndicate.(1) The Syndicate shall
be the executive body of the University and shall, subject; to the provisions
of this Act and the statutes, exercise general supervision over the 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 Senate the Syndicate
shall have the following powers, namely:---
(a) to consider
annual report, the annual and revised budget estimates and to submit these to
the Senate;
(b) to transfer and accept
transfer of moveable property on behalf of the University;
(c) to enter into, vary,
carry out and cancel contracts on behalf of the University;
(d) to cause proper
book of the account to be kept for all sums of money received and expended by
the University and for the assets and liabilities of the University;
(e) to invest any money
belonging to the University including any unapplied income in any of the
securities describe 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 investment;
(f) to receive and
Manage any property transferred, and grants, bequests trust. Gifts donations,
endowments, and other contributions made to the University;
(g) to administer any
funds placed at the disposal of the University for specified purposes;
(h) to provide the
buildings, libraries, premises, furniture, apparatus, equipment and other means
required for carrying out the work of the University;
(i) to establish and
maintain halls of residence and hostels or approve or license hostels or
lodging for the residence of students;
(j) to recommend to the
Senate affiliation or disaffiliation of the colleges;
(k) to recommend to the
Senate admission of educational institutions to the privileges of the
University and withdraw such privileges;
(l) to arrange for
the inspection of the colleges and the departments;
(m) to institute
Professorships, Associate Professorships, Assistant Professorships,
Lectureships, and other teaching posts or to suspend or to abolish such
posts;
(n) to create, suspend or
abolish such administrative or Other posts as may be necessary;
(o) to prescribe the
duties of officers, teachers and other employees of the University;
(p) to report to the Senate
on matters with respect to which it has been asked to report;
(q) to appoint members to :various
Authorities in accordance with the provisions of this Act;
(r) to propose drafts of
the Statutes for submission to the Senate;
(s) to regulate the
conduct and discipline of the students of the University;
(t) to take actions
necessary for the good administration of the University in general and to this
end exercise such powers as are necessary;
(u) to delegate any of its
powers to any Authority or officer or a committee; and
(v) to perform such other
functions as have been -assigned to it by the provisions of this Act or may be
assigned to it by the Statutes;
21.
Academic Council.(1) There shall be an
Academic Council, which would lay down academic policies, decide on the syllabi
and curricula of various courses at the university and the affiliated
institutions to ensure excellence and the requisite joint-ness in training
activities. The Academic Council of the University will consist of the
following, namely:---
(a) the President who
shall be its Chairman;
(b) the Deans of Faculties
and Heads of Colleges and 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 Senate;
(d) two Heads of affiliated
colleges;
(e) five Professors
including Emeritus Professors;
(f) the Registrar;
(g) the Controller of
Examinations; and
(h) the Librarian.
(2) The
Senate shall appoint the members of the Academic Council on the recommendation
of the President:---
Provided
that as regards the five professors and the members representing the
departments, institutes and the constituent colleges 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 will be made by
the Senate on the recommendation of the President.
(3) The
Academic Council shall act as an advisory and implementing body for the decisions
of the Syndicate on all matters relating to the conduct of examinations,
conferment of degrees, revision and updating of course syllabi, quality of
education and duration of all courses including conduct of postgraduate classes
in specified disciplines.
(4) The
Academic Council shall also assist the President in evaluating proposing and
coordinating research and development projects at respective institutes and
colleges both constituent and affiliated.
(5)
Members of the Academic Council shall hold office for three years.
(6) The
Academic Council shall meet at least once in each quarter.
(7) 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.(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 forgoing 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 programmes;
(b) approve academic
programmes;
(c) approve the policies
and procedures pertaining to the student-related functions including
admissions, expulsions, punishments, examinations and certification;
(d) approve the policies
and procedures assuring quality of teaching and research;
(e) recommend the policies
and the procedures for affiliation of other educational institutions;
(f) propose to the
Syndicate schemes for the constitution and organization of Faculties, teaching
departments and boards of studies;
(g) appoint paper setters
and examiners for all examinations of the University after receiving panels of
names from the relevant authorities;
(h) institute programmes
for the continued professional development of University teachers at all
levels;
(i) recognize the
examinations of other universities or examining bodies as equivalent to the
corresponding examinations of the University;
(j) regulate the award of
studentship, scholarships, exhibitions, medals and prizes;
(k) frame regulations for
submission to the Senate;
(l) prepare an annual
report on the academic performance of the University; and
(m) perform such-functions
as may be-prescribed by regulations.
23.
Representation Committees.(l) There shall be
Representation Committees constituted by the Senate through Statutes to
recommend persons for appointment to the Senate in accordance with the
provisions of section 16.
(2)
There shall also be a Representation Committee constituted by the Senate
through Statute to recommend 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, namely:---
(a) three members of the
Senate who are
(b) two persons nominated
by the University Teachers from amongst themselves in the manner prescribed;
(c) one person from the
academic community, not employed by the University at the level of professor or
college head to be nominated by the University Teachers in the manner
prescribed; and
(d) one eminent citizen
with experience in administration; philanthropy, development work, law of
accountancy to be nominated by the Senate.
(4) The Representation
Committee for the appointment to the Syndicate and the Academic Council shall
consist of the following, namely:
(a) two members of the
Senate who are
(b) three persons
nominated by the University Teaches from amongst themselves in the manner
prescribed.
(5) The
tenure of the Representation Committee shall be three years:---
Provided
that no member shall serve for more than two consecutive terms.
(6) The
procedures of the Representation Committee shall be such as may be prescribed.
(7)
There may also be such other Representations Committees set up by any of other
Authorities of the University as are considered appropriate, for
recommending persons for appointments to the various Authorities and other
bodies of the University.
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 Committees persons who are not members of the Authorities
appointing the Committees.
(2) The
constitutions, functions and powers of the Authorities for which no specific
provision has been made in this Act shall be such as may be prescribed by
Statutes or Regulations.
CHAPTER V
STATUTES,
REGULATIONS AND RULES
25.
Statutes.(1) Subject to the
provisions of this Act; statutes 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 President before the
Senate shall be prepared;
(b) the University fees
and other charges;
(c) the constitution of any
pension, insurance, gratuity, provident fund and benevolent fund for University
employee;
(d) the scales of pay and
other terms and conditions of service of officers; teachers and other
University employees;
(e) the maintenance of the
register of registered graduates;
(f) affiliation and
disaffiliation of educational institutions and related matters;
(g) admission of
educational institutions to the privileges of the University and the withdrawal
of such privileges;
(h) the establishment of
Faculties, departments, institutes, colleges and other academic divisions;
(i) the powers and duties
of officers and teachers;
(j) conditions under which
the University may enter into arrangements with other institutions or with
public bodies for purposes of research and advisory services;
(k) conditions for
appointment of Emeritus Professors and award of honorary degrees;
(l) efficiency and
discipline of University employees;
(m) the constitution and
procedure to be followed by Representation Committees in carrying out functions
in terms of this Act;
(n) the constitution,
functions and powers of the Authorities of the University; and
(o) 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 Syndicate to the Senate which
approve or pass with such modifications as the Senate may think fit or may
refer hack to the Syndicate, as the case may be, for reconsideration of the
proposed draft:---
Provided
that Statutes concerning any of the matters mentioned in clauses (a) and (1) of
sub-section (1) shall be initiated and approved by the Senate after seeking the
views of the Syndicate:---
Provided
further that the Senate may initiate a Statute with respect to any matter in
its power or with respect to which a Statute may be framed in terms of this Act
and approve such Statute after seeking the views of the Syndicate.
26.
Regulations.(1) Subject to the
provisions of this Act and the Statutes, the Academic Council may make
regulations to be published in official Gazette, for all or any of the
following matters, namely:---
(a) the courses of study
for degree diplomas and certificates of the University;
(b) the manner in which
the teaching referred to in sub-section (1) of section 6 shall be organized and
conducted;
(c) the admission and
expulsion of students to and from the University;
(d) the conditions under
which, students shall be admitted to the courses and the examinations of the
University and shall become eligible for the award of degrees diplomas and
certificates;
(e) the conduct of
examinations;
(f) the 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 the 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 Senate 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 the approval of the Senate.
(3)
Regulations regarding or incidental to matter contained in clauses (g) and (i)
of sub-section (1) shall not be submitted to the Senate without the prior
approval of the Syndicate.
27.
Amendment and repeal of Statues and Regulations.The procedure for
adding to, amending or repealing the Statutes and the Regulations shall be the
same as that prescribed respectively for making Statutes and Regulations.
28.
Rules.(1) The Authorities and
the other bodies of the University may make rules, to be published in official
Gazette, consistent with this Act, Statutes or the Regulations, to regulate any
matter relating to the affairs of the University which has not been provided
for by this Act or that is not required to be regulated by Statutes or
Regulation, including rules to regulate the conduct of business and the time
and place of meeting and related matters.
(2)
Rules shall become effective upon approval by the Syndicate.
CHAPTER VI
UNIVERSITY FUND
(2) The
present recurring and noon-recurring grants being allocated by the Ministry of
Defence to the National Defence College immediately in existence before' the
commencement of this Act shall continue to be allocated in future to the
National Defence University, with suitable upward adjustments from time to
time.
(3) All
expenditure of the University shall be met within the sanctioned budget of the
University or as approved by the Syndicate.
30.
Audit and accounts.(l) The accounts of the
University shall be maintained by Director Finance in such form and in such
manner as may be prescribed.
(2) The
teaching departments, constituent colleges and institutes and all other bodies
designated as such by the Syndicate in terms of Statutes shall be independent
cost centres of the University 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, constituent college or other unit of
the University through consultancy, research or other provision of service
shall be made available without prejudice to the budgetary allocation otherwise
made, after deduction of over heads in the manner and to the extent prescribed
by Senate, to the teaching department, constituent college or other units for
its development. A part of the funds so generated may be shared with the
University teachers or researchers in charge of the consultancy research or
service concerned in the manner and to the extent prescribed by the Statute.
(4) No
expenditure shall be made from the funds of the University, unless a bill for
its payments has been issued by the head of the cost centre concerned in
accordance with the relevant statutes and the Director Finance 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
University.
(6)
Without prejudice to the requirement of audit by any auditor appointed by
Government in .accordance with the provision of any other law in
force, the annual audited statement of account shall be prepared in conformity
with the Generally Accepted Accounting Principles (GAAP) by a reputed firm of
charted accountants and signed by Director Finance. The annual audited
statement of accounts so prepared shall be submitted to the Auditor General of
(7) The
observations of the Auditor General of
CHAPTER-VII
GENERAL PROVISIONS
31.
32.
Appeal to the Syndicate and the Senate.Where an order is
passed imposing penalty on any officer (other than the President) teacher or
other employee of the University or altering or interpreting to his
disadvantage the prescribed terms or conditions of his service, he shall where
the order is passed by any officer or teacher of the University other than the
President, have the right to, appeal to the Syndicate against the
order, and, where the order is passed by the President have the right to appeal
to the Senate.
33.
Service of the University.-(1) All persons
employed by the University 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 the conditions of the employment of
persons in the service of Pakistan in general or in comparable employment not
withstanding the service of persons employed by the University hall be
entirely: governed by the terms and conditions prescribed by the relevant
statutes.
(2) An
officer, teacher or other employee of the University shall retire from set vice
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
University Teacher in the employment of the University from the commencement of
this Act.
(4)
Persons above the age of sixty years may be re-employed on contract in the
manner prescribed by the Senate, in conformity with the Government rules and
regulations.
34.
Benefits and insurance, gratuity, provident fund and benevolent fund. (1) The University
shall constitute for the benefit of its officers teach 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 which has been constituted under this Act, the
provisions of the Provident Funds Act, 1925 (XIX of 1925), shall apply to such
fund 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 appointed or nominated, his terms 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 remains absent from the University for a period of not less than six
months he shall be deemed to have resigned and vacated his seat.
36.
Filling of casual vacancies in authorities. Any casual vacancy in
the appointment or nominated member of any Authority shall be filled, as soon
as conveniently may be, by the person or the body who appointed or nominated
the member whose position has become vacant and the person appointed or
nominated to the vacancy shall be member of such Authority for the residue of
the term for which the person whose place he fills would have been a member.
37.
Flaws in the constitution of authorities: Where there is flaw in
the constitution of an Authority, as Constituted under this Act, the Statutes
of the Regulations on account of abolition of a specified office under
Government or because an organization, institution or other body outside the
University has been dissolved or has ceased to function, or because of some
other similar reason, such flaw shall be removed in such manner as the Senate
may direct.
38.
Proceedings of authorities not invalidated by the vacancies. No act, resolution nor
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 invalidity in the election, appointment or nomination of any de facto member
of the Authority, whether present or absent.
39.
First Statutes and Regulations. Notwithstanding
anything to the contrary contained in the Act the President of Islamic Republic
of Pakistan shall promulgate the first Statutes and Regulations which shall be
deemed to be Statutes and Regulations framed under sections 25 and 26 and shall
continue to remain in force unless amended.
40.
Repeal and Savings.- Upon the commencement of this Act,---
(a) the Government of
(b) all funds, assets,
properties, rights and interests of whatsoever kind issued, used, enjoyed,
owned or vested in National Defence College, in existence immediately before
such commencement and any liabilities subsisting against the aforesaid National
Defence College shall stand transferred to the University established under
this Act;
(c) all persons serving in
connection with the affairs of the aforesaid
(d) the person holding the
Office of Commandant in the National Defence College, in existence immediately
before such commencement, shall stand transferred to and appointed as the
President of the National Defence University established under this Act;
(e) everything done,
action taken, obligations or liabilities incurred, rights and assets acquired,
persons appointed or authorized, jurisdiction or powers 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 or other legislative
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
the Act or the Statutes, the Regulations or the Rules made under this Act be
continued and, so far as may be deemed to have been respectively done, taken,
incurred, acquired, appointed, authorized, Conferred, created made, instituted,
granted and issued under this Act, and any documents referring to any of the
provisions of the repealed Resolution and other legislative instruments or the
Statutes: the Regulations and the Rules first referred shall, so far as may be,
be considered to refer to the corresponding provisions of the Act or the
Statutes, the Regulations and the Rules made under this Act;
(f) all institutes,
colleges or other constituent units of the University functioning in terms of the provisions of die repealed
Resolution or other legislative instruments shall continue to function in terms
of the relevant repealed provisions till such time that the Senate through
Statute has prescribed otherwise; and
(g) any
Statutes, Regulations. or Rules made or deemed to have been made under the
repealed Resolution or other legislative instruments shall, if not inconsistent
with the provisions of this Act, be deemed to be Statutes; Regulations or Rules
made under this Act having regard to the various matters which by this Act have
to be regulated or prescribed by Statutes, Regulations and Rules respectively
and shall continue to be in force until they are repealed, rescinded or
modified in accordance with, the provisions of this Act.
41. Transitory provisions. Not with standing anything contained in this Act, the
members of the first Senate, except the University Teachers, shall be appointed
by the Chancellor in accordance with the numbers and criteria for membership
specified in the Act. The first Senate so constituted shall initiate, as soot
as possible, the process for the recruitment of University Teachers and
appointment of the members of the Syndicate and the Academic Council in
accordance with the terms of this Act. The University Teachers of be appointed
to the first Senate shall be appointed as soon as the procedure prescribed for
appointment of University Teachers to the Senate has to be complied with. The
term of tenure provided in sub-section (4) of section 16 notwithstanding
one-third of the members, other than ex-officio members, of the first
Senate, to be determined by lot, shall retire from office on the 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 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 ex-officio
members, shall retire from office on the expiration, of the third
year.
42. Removal of difficulties.(1) Any question that may arise as to the
interpretation of any of the provisions of this Act shall be placed before the
Chancellor whose decision thereon is final.
(2) If any difficulty arising in giving
effect to any provision of this Act, the Chancellor may make such order or
direction, not inconsistent with the provision of this Act as may appear to it
to be necessary for the purpose of removing such difficulty.
(3) The Chancellor may issue directions
or decide such matters as are covered by this Act in the Manner it considers
appropriate.
43. indemnity. No suit or legal proceedings shall lie against the
Government, the University or any authority, officer or employee of the
Government or the University or any person in respect of anything which is in
good faith done under this Act.
44. Power to allow appointment of
employees of the Government, other Universities or educational or research
institutions to the University. (1) Notwithstanding any thing contained in this Act,
the Senate may on the advice of the Syndicate allow any post in the University
the filled Government by appointment, on such terms as the Senate may specify,
an employee other University or educational research institution.
(2) Where any appointment has been made
under this section, the terms and condition of service of the appointee shall
not be less favourable than those admissible to him immediately before such
appointment and he shall be entitled to all benefits of his past service.
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