Updated: Tuesday October 11, 2016/AthThulatha
Muharram 10, 1438/Mangalavara
Asvina 19, 1938, at 08:24:32 PM
The NFC Institute of Engineering and Technology
ACT NO. XIII OF 2012
[8th May, 2012]
An Act to establish NFC Institute of Engineering and
Technology Multan
WHEREAS it is expedient to provide for
the establishment of NFC Institute of Engineering and Technology Multan with
degree awarding status to enhance the quality of higher education in the
country and for matters connected therewith or ancillary thereto;
It is hereby enacted as follows:---
CHAPTER-I
PRELIMINARY
1. Short title and Commencement.—(1) This Act may be called the NFC Institute of
Engineering and Technology Multan Act, 2012.
(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 Institute;
(b) “affiliated
college” means an educational institution affiliated to the Institute but not
maintained or administered by it;
(c) “Authority”
means any of the Authorities of the Institute specified in terms of Section 16;
(d) “Chancellor”
means the Chancellor of the Institute;
(e) “college”
means a constituent college or an affiliated college;
(f) “Commission”
means the Higher Education Commission set up under the Higher Education
Commission Act, 2002 (LIII of 2002);
(g) “constituent college” means an educational
institution, by whatever name described, maintained and administered by the
Institute;
(h) “Dean”
means the head of a Faculty or the head of an academic body granted the status
of a Faculty under this Act or by the statutes or regulations:
(i) “Department”
means a teaching, department maintained and administered, or recognized by the
institute in the manner prescribed;
(j) “Director”
means the head of an institute established as a constituent institution by the
Institute by statutes or regulations in terms of the powers delegated by this
Act;
(k) “Faculty”
means an administrative and academic unit of the Institute consisting of one or
more departments, as prescribed;
(l) “Government”
means the Federal Government;
(m) “Institute”
means the NFC Institute of Engineering and Technology;
(n) “Institute
teacher” means a whole-time teacher appointed and paid by the Institute, or
recognized by the Institute as such;
(o) “NFC Institute”
means the NFC Institute of Science and Technology,
(p) “prescribed”
means prescribed by statutes, regulations or rules made under this Act;
(q) “Principal”
means the head of a college;
(r) “Pro-chancellor”
means the Pro-Chancellor of the Institute;
(s) “Representation
Committees” means the Representation Committees constituted under Section 24;
(t) “Review
Panel” means the Review Panel set up by the Chancellor in accordance with the
provisions of Section 8;
(u) “Search
Committee” means the Search Committee set up by the Senate under Section 12;
(v) “Senate” means the Senate of the Institute;
(w) ''statutes”, “regulations”
and “rules” means respectively the statutes, the regulations and the rules made
under this Act and for the time being in force;
(x) “Syndicate” means the
Syndicate of the Institute;
(y) “teachers” include
Professors, Associate Professors, Assistant Professors and lecturers engaged
whole-time by the Institute or by a constituent or affiliated college and such
other persons as may be declared to be teachers by regulations; and
(z) “Vice-Chancellor”
means the Vice-Chancellor of the Institute.
CHAPTER-II
THE INSTITUTE
3.
Establishment of the Institute.—(1) The Institute of Engineering and
Technology shall, from the date of publication of notifications in the official
Gazette in this behalf, stand established in accordance with the provisions of
this Act.
(2) The
present regular or full-time employees discharging duties at NFC Institute
shall be employed under the Institute under existing terms and conditions not
less favorable than those prevailing at present. The students presently
studying at NFC institute and registered with
(3) Notwithstanding
anything contained in any other law for the time being in force and subject to
the provision of Section 40, the NFC Institute shall on the establishment of
the Institute, stand merged in the Institute.
(4) The
Institute shall consist of the following, namely,---
(a) the Chancellor, the
Pro-Chancellor, the members of the Senate and the Vice-Chancellor;
(b) the members of the
Authorities of the Institute established under Section 16;
(c) all Institute teachers
and persons recognized as students of the Institute in accordance with terms
prescribed from to time; and
(d) all other full-time
officers and members of the staff of the Institute.
(5) The
Institute shall be a body corporate and shall have perpetual succession and a
common seal, and may sue and be sued by the said name.
(6) The
institute shall be competent to acquire and hold property, both movable and
immovable, and to lease sell or otherwise transfer any movable and immovable
property which may have become vested in or been acquired by it.
(7)
Notwithstanding anything contained in any other law for the time being in
force, the Institute 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 terms of this Act and the
Higher Education Commission Act, 2002 (LIII of 2002). In particular, and
without prejudice to the authority granted to the Commission by the law the
Government or an authority or auditor appointed by the Government shall have no
power to question the policy underlying the allocation of resources approved by
the Senate in the annual budget of the Institute.
(8) All
assets, properties, rights and interests of whatever kind, used, enjoyed,
possessed, owned or vested in, or held in trust by and liabilities legally
subsisting against the NFC Institute shall pass to the Institute established
under this Act.
4.
Powers and purpose of the Institute. The institute shall have the following
powers, namely,---
(i) to provide for
education and scholarship in such branches of knowledge, as it may deem fit,
and to make provision for research, service to society and for the application,
advancement and dissemination of knowledge in such manner as it may determine;
(ii) to prescribe courses
of studies to be conducted by it and 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 Institute 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 Institute 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 Institute 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 Institute;
(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 Institute
at other universities and places of learning equivalent to such examinations
and periods of study in the Institute, 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;
(xix) 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 Institute or
such other persons as it may deem fit, as institute teachers;
(xxi) to institute and award
financial assistance to students in need, fellowships, scholarships, bursanes,
medals and prizes under prescribed conditions;
(xxii) to establish teaching
departments, schools, colleges, faculties, institutes, 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 institute 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 Institute 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;
(xxix) to receive and manage
property transferred and grants, contributions made to the Institute 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
(xxxi) 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 institute as a
place of education, learning, and research.
5.
Institute open to all classes, creeds, etc.—(1) The institute shall
be open to all persons of either gender and of whatever religion, race, caste,
creed, class, colour or domicile and no person shall be denied the privileges
of the institute on the grounds of religion, race, caste, creed, class, colour
or domicile.
(2) An
increase in any fee or charge that is in excess of ten per cent per annum on an
annualized basis from the last such increase may not be made except in special
circumstances, and only with the approval of the Syndicate.
(3) The
Institute shall institute financial aid programmes for students in need, to the
extent considered feasible by the Syndicate given the resources available, so
as to enable admission and access to the Institute and the various
opportunities provided by it to be based on merit rather than ability to pay.
6.Teaching
at the Institute.—(1) All recognized teaching in various courses shall
be conducted by the Institute 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
laboratories, hospitals, workshops and other governmental or private
organizations.
(2) The
authority responsible for organizing recognized teaching shall be such as may
be prescribed.
CHAPTER-III
OFFICERS OF THE
INSTITUTE
7.
Principal Officers. The following shall be the principal officers of the
Institute, namely,---
(a) The Chancellor;
(b) The Pro-Chancellor;
(c) The Vice-Chancellor;
(d) The Deans;
(e) The Principals of the
constituent colleges;
(f) The Chairpersons of
the teaching departments;
(g) The Registrar;
(h) The Treasurer;
(i) The Controller of
Examinations; and
(j) Such other persons as
may be prescribed by the statutes or regulations to be the principal officers
of the Institute.
8.
Chancellor.—(1) The President of
(2) The
Chancellor shall, when present, preside at the meetings of the Senate and the
Convocation of the Institute. In the absence of the Chancellor, the Senate may
request Pro-Chancellor to preside over the Convocation of the Institute and
meetings of the Senate.
(3) The
members of the Senate as well as the Vice-Chancellor shall be appointed by the
Chancellor from amongst the persons recommended by the Representation Committee
set up for this purpose or the Search Committee established in accordance with
this Act and the statutes, as the case may be.
(4)
Every proposal to confer an honorary degree shall be subject to confirmation by
the Chancellor.
(5) If
the Chancellor is satisfied that serious irregularity or mismanagement with respect
to the affairs of the Institute 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 be submitted within such time as
may be prescribed by the Chancellor. The Review Panel shall be drawn from
persons of eminence in academics and in the fields of law, accountancy and
administration; and
(b) as regards proceedings
of any Authority or with respect to matters within the competence of any
Authority other than the Senate, direct the Senate to exercise powers under
Section 19.
9.
Removal from the Senate.—(1) The Chancellor may, upon the recommendation of the
Review Panel, remove any person from the membership of the Senate on the ground
that such person,---
(a) has become of unsound
mind;
(b) has become
incapacitated to function as member of the Senate;
(c) has been convicted by
a Court of law for an offence involving moral turpitude;
(d) has absented himself
from two consecutive meetings without just cause; or
(e) has been guilty of
misconduct, including use of position for personal advantage of any kind, or
gross inefficiency in the performance of functions.
(2) The
Chancellor shall remove any person from the memberships 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
Vice-chancellor in his capacity as a member of the Senate.
10.
The Pro-Chancellor.—(1) The Chairman National Fertilizer Corporation of
(2) The
Pro-Chancellor shall perform functions of the Chancellor in the absence of
Chancellor and such other functions as may be entrusted to him by the
Chancellor. He shall also be responsible for overall administrative control of
the Institute.
11.
Vice-Chancellor.—(1) There shall be a Vice-Chancellor of the Institute
who shall be an eminent academic 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 Institute
responsible for all academic functions of the Institute and for ensuring that
the provisions of this Act, statutes, regulations and rules are faithfully
observed in order to promote the general efficiency and good order of the
Institute. The Vice-Chancellor shall have all powers prescribed for this
purpose, including administrative control over the officers, teachers and other
employees of the Institute.
(3) The Vice-Chancellor shall, if present, be entitled
to attend any meeting of any Authority or body of the Institute.
(4) The
vice-Chancellor may, in an emergency that in his opinion requires immediate
action ordinarily not in the competence of the Vice-Chancellor, take such
action and forward a report of the action taken to the Pro-Chancellor who may
direct such further action as is considered appropriate.
(5) The
Vice-Chancellor shall, also have the following powers, namely,---
(a) to direct teachers,
officers and other employees of the Institute to take up such assignments in
connection with examination, administration, and such other activities in the
Institute as he may consider necessary for the purposes of the Institute;
(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
Pro-Chancellor immediately and to Senate at the next meeting;
(c) to recommend
appointments of such categories of employees of the Institute and in such
manner as may be prescribed by the statutes;
(d) to recommend
suspension, punishment and removal, in accordance with prescribed procedure,
from service officers;
(e) to delegate with the
approval of Pro-Chancellor any of his powers under this Act to an officer or
officers of the Institute; and
(f) to exercise and
perform such other powers and functions as may prescribed be prescribed.
(6) The
Vice-Chancellor shall preside at the Convocation of the institute in the
absence of the Chancellor and Pro-Chancellor.
(7) The
Vice-Chancellor 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.
(8) The
Vice-Chancellor's annual report shall be made available, prior to its
presentation before the Senate, to all officers and Institute teachers and
shall be published in such numbers as are required to ensure its wide
circulation.
12.
Appointment and removal of the Vice-Chancellor.—(1) The Vice-Chancellor
shall be appointed by the Chancellor on the basis of recommendations made by
the Senate.
(2) A
Search Committee for the recommendation of persons suitable for appointment as
Vice-Chancellor shall be constituted by the Senate on the date and in the
manner prescribed by the statutes and shall consist of two eminent members of
society nominated by the Chancellor of whom one shall be appointed the
Convener, two members of the Senate, two distinguished Institute teachers who
are not members of the Senate and one academic of eminence not employed by the
Institute. The two distinguished Institute teachers shall be selected by the
Senate through a process, to be prescribed by statute that provides for the
recommendation of suitable names by the Institute teachers in general. The
Search Committee shall remain in existence till such time that the appointment
of the next Vice-Chancellor has been made by the Chancellor.
(3) The
persons proposed by the Search Committee for appointment as Vice-Chancellor
shall be considered by the Senate and of these a panel of three, in order of
priority shall be recommended by the Senate to the Chancellor:---
Provided
that the Chancellor may decline to appoint any of the three persons recommended
and seek recommendation of a fresh panel. In the event of a fresh
recommendation being sought by the Chancellor the Search Committee shall make a
proposal to the Senate in the prescribed manner.
(4) The
Vice-Chancellor shall be appointed for a renewable tenure of four years on
terms and conditions prescribed by statute. The tenure of an incumbent Vice
Chancellor shall be renewed by the Chancellor on receipt of a resolution of the
Senate in support of such renewal:---
Provided
that the Chancellor may call upon the Senate to reconsider such resolution once.
(5) The
Senate may, pursuant to a resolution in this behalf passed by three fourths of
its membership, recommend to the Chancellor through the Pro-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:
Provided
that the Chancellor may, on his own or on the request of the Pro-Chancellor,
make a reference to the Senate stating the instances of inefficiency, moral turpitude
or physical or mental incapacity or gross misconduct on the part of the
Vice-Chancellor that have come to his notice. After consideration of the
reference the Senate may, pursuant to a resolution in this behalf passed by
two-thirds of its membership, recommend to the Chancellor the removal of the
Vice-Chancellor:---
Provided
further that prior to a resolution for the removal of the Vice-Chancellor being
voted upon the Vice-Chancellor shall be given an opportunity of being heard.
(6) A resolution
recommending the 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 Senate.
(7) At
any time when the office of the Vice-Chancellor is vacant, or the
Vice-Chancellor is absent or its unable to perform the functions of his office
due to illness or some other cause, the Pro-Chancellor shall make such
arrangements for the performance of the duties of the Vice-Chancellor as he may
deem fit.
13.
Registrar.—(1) There shall be a Registrar of the institute to be
appointed by the Senate on the recommendation of the Vice-Chancellor, on such
terms and conditions as may be prescribed.
(2) The
experience as well as the professional and academic qualifications necessary
for appointment to the post of the Registrar shall be as may be prescribed.
(3) The
Registrar shall be a full-time officer of the institute and shall,---
(a) be the administrative
head of the secretariat of the Institute and be responsible for the provision
of secretariat support to the Authorities of the Institute;
(b) be the custodian of
the common seal and the academic records of the Institute;
(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
terms of office of the Registrar shall be a renewable period of three years:---
Provided
that the Senate may, on the advice of the Vice-Chancellor, terminate the
appointment of the Registrar on grounds of inefficiency or misconduct in
accordance with prescribed procedure.
14.
Treasurer.—(1) There shall be a Treasurer of the Institute to be
appointed by the Senate on the recommendation of the Vice-Chancellor, 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 Treasurer shall be as may be prescribed.
(3) The
Treasurer shall be the Chief Financial Officer of the Institute and shall,---
(a) manage the assets,
liabilities, receipts, expenditures, funds and investments of the institute;
(b) prepare the annual and
revised budget estimates of the Institute and present them to the Syndicate or
a committee thereof for approval and incorporation in the budget to be
presented to the Senate;
(c) ensure that the funds
of the Institute are expended on the purposes for which they are provided;
(d) have the accounts of
the Institute audited annually so as to be available for submission to the
Senate within six months of the close of the financial year; and
(e) perform such other
duties as may be prescribed.
(4) The
term of office of the Treasurer shall be a renewable period of three years:---
Provided
that the Senate may, on the advice of the Vice-Chancellor, terminate the
appointment of the Treasurer on grounds of inefficiency or misconduct in
accordance with prescribed procedure.
15.
Controller of Examinations.—(1) There shall be a Controller of Examinations, to
be appointed by the Senate on the 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 Institute and
shall be responsible for all matters connected with the conduct of examinations
and perform such other duties as may be prescribed.
(4) The
Controller of Examinations shall be appointed for a renewable term of three
years:---
Provided
that the Senate may, on the advice of the Vice-Chancellor terminate the
appointment of the Controller of Examinations on grounds of inefficiency or
misconduct in accordance with prescribed procedure.
CHAPTER-IV
AUTHORITIES OF THE INSTITUTE
16.Authorities.—(1) The following shall
be the Authorities of the Institute, namely:---
(a) Authorities
established by this Act,---
(i) the Senate;
(ii) the Syndicate; and
(iii) the Academic Council; and
(b) Authorities to be
established by the statutes,---
(i) Graduate and Research Management Council;
(ii) Recruitment, Development, Evaluation and Promotion
committees for teachers and other staff whether at the level of the department,
the Faculty or the Institute;
(iii) Career Placement and Internship Committee of each
Faculty;
(iv) Search Committee for the appointment of the Vice-Chancellor;
(v) the Representation Committees for appointment to the
Senate, Syndicate and the Academic Council;
(vi) Faculty Council; and
(vii) Departmental Council.
(2) The
Senate, the Syndicate and the Academic Council may set up such other committees
or sub-committees, by whatever name described, as are considered desirable
through statutes, or regulations as appropriate. Such committees or
sub-committees shall be Authorities of the Institute for the purposes of this
Act.
17.
Senate.—(1) The body responsible for the governance of the
Institute shall be described as the Senate, and shall consist of the following,
namely:---
(a) the Chancellor who
shall be the Chairperson of the Senate;
(b) the Pro-Chancellor;
(c) the Vice-Chancellor;
(d) one member of the Government
not below the rank of Additional Secretary from the Ministry of Industries and
Production;
(e) two representatives of
the National Fertilizer Corporation of
(f) four persons from
society at large being persons of distinction in the field of administration,
management, education, academics, 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 the
special focus or affiliation of the institute, 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 Institute who are appointed to the Senate;
(g) one person from amongst
the alumni or the Institute;
(h) two persons from the
academic community of the country, other than an employee of the Institute, at
the level of professor or principal of a college;
(i) four institute
teachers; and
(j) one person nominated
by the Commission.
(2) The
numbers of the members of the Senate described against clauses (g) to (j) of
sub-section (1) may be increased by the Senate through statutes subject to
condition that the total membership of the Senate does not exceed twenty one,
with a maximum of five Institute teachers, and the increase is balanced, to the
extent possible, across the different categories specified in sub-section (1).
(3) All
appointments to the Senate shall be made by the Chancellor. Appointments of
persons described in clauses (g) and (h) 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 24 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 Institute teachers described in clause (I) 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 or
Institute teachers:---
Provided
also that the Senate may alternatively prescribe that appointment of Institute
teachers to the Senate shall also be in the manner provided by this subsection
for the persons described in clauses (g) and (h) 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 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:---
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 Institute 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 be on honorary basis:---
Provided
that actual expenses may be reimbursed as prescribed.
(7) The
Registrar shall be the Secretary of the Senate.
(8)
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.
(9) The
quorum for a meeting of the Senate shall be two-thirds of its membership, a
fraction being counted as one.
18.
Powers and functions of the Senate.—(1) The Senate shall have the power of
general supervision over the Institute and shall hold the Vice-Chancellor and
the Authorities accountable for all the functions of the Institute. The Senate
shall have all powers of the Institute not expressly vested in 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,---
(a) to approve the
proposed annual plan of work, the annual and revised budgets, the annual report
and the annual statement of account;
(b) to hold, control and
lay down policy for the administration of the property, funds and investments
of the Institute, including the approval of the sale and purchase or
acquisition of immovable property;
(c) to oversee the quality
and relevance of the institute's academic programmes and to review the academic
affairs of the Institute 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 Institute;
(f) to approve strategic
plans;
(g) to approve financial
resource development plans of the Institute;
(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 26 and 27, 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
case may be;
(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;
(j) after calling upon
such Authority or officer to show-cause why such proceedings should not be
annulled;
(k) to recommend to the
Chancellor removal of any member of the Senate in accordance with the
provisions of this Act;
(l) to make appointment of
members of the Syndicate, other than ex-officio members, in accordance
with the provisions of this Act;
(m) to make appointment of
members of the Academic Council, other than ex-officio members, in
accordance with the provisions of this Act;
(n) to appoint Emeritus
Professors on such terms and conditions as may be prescribed;
(o) to remove any person
from the membership of any Authority if such person, —
(i) has become of unsound
mind;
(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
(p) to determine the form,
provide for the custody and regulate the use of the common seal of the Institute.
(3) The
Senate 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 Institute 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 new posts or positions at the additional campus.
19.
Visitations. The Senate may, in accordance with the terms and
procedures as may be prescribed, cause an inspection to be made in respect of
any matter connected with the Institute.
20.
Syndicate.—(1) There shall be a Syndicate of the institute
consisting of the following:---
(a) the Vice-Chancellor who
shall be its Chairperson;
(b) the Deans of the
Faculties of the Institute;
(c) three professors from
different departments, who are not members of the Senate, to be elected by the
Institute teachers in accordance with procedure to be prescribed by the Senate;
(d) Principals of the
constituent colleges;
(e) the Registrar;
(f) the Treasurer; and
(g) the Controller of
Examinations.
(2)
Members of the Syndicate, other than ex-officio members, shall hold
office for three years.
(3) As
regards the three professors described in clause (c) of sub-section (1) the
Senate may, as an alternative to elections, prescribe a procedure for proposal
of a panel of names by the Representation Committee set up in terms of Section
24. Appointment of persons proposed by the Representation Committee may be made
by the Senate on the recommendation of the Vice-Chancellor.
(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 the year.
21.
Powers and duties of the Syndicate.—(1) The Syndicate shall be the executive
body of the Institute and shall, subject to the provisions of this Act and the
statutes, exercise general supervision over the affairs and management of the
Institute.
(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,---
(a) to consider the annual
report, the annual and revised budget estimates and to submit these to the
Senate;
(b) to transfer and accept
transfer of movable property on behalf of the Institute;
(c) to enter into, vary,
carry out and cancel contracts on behalf of the Institute;
(d) to cause proper books
of account to be kept for all sums of money received and expended by the
Institute and for the assets and liabilities of the Institute;
(e) to invest any money
belonging to the Institute 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) to receive and manage
any property transferred, grants, bequests, trust, gifts, donations, endowments
and other contributions made to the Institute;
(g) to administer any
funds placed at the disposal of the institute for specified purposes;
(h) to provide the
buildings, libraries, premises, furniture, apparatus, equipment and other means
required for carrying out the work of the Institute;
(i) to establish and
maintain halls, residence and hostels or approve or license hostels or lodgings
for the residence of students;
(j) to recommend to the Senate
affiliation or disaffiliation of colleges;
(k) to recommend to the
Senate admission of educational institutions to the privileges of the Institute
and withdraw such privileges;
(l) to arrange for the
inspection of 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 Institute;
(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
statutes for submission to the Senate;
(s) to regulate the
conduct and discipline of the students of the Institute;
(t) to take actions
necessary for the good administration of the Institute 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.
22.
Academic Council.—(1) There shall be an Academic Council of the
Institute consisting of the following:---
(a) the Vice-Chancellor
who shall be its Chairperson;
(b) the Deans of Faculties
and such Heads of departments as may be prescribed;
(c) five members representing
the departments and the constituent colleges to be elected in the manner
prescribed by the Senate;
(d) two Principals 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, other than the ex-officio
and the elected members, on the recommendation of the Vice-Chancellor:---
Provided
that as regards the five professors and the members representing the
departments 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 24. Appointment of persons
proposed by the Representation Committee may be made by the Senate on the
recommendation of the Vice-Chancellor.
(3)
Members of the Academic Council shall hold office for a period of 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.
23.
Powers and functions of the Academic Council.—(1) The Academic
Council shall be the principal academic body of the Institute 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 Institute 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 programmes;
(b) approve academic
programmes;
(c) approve the policies
and procedures pertaining to student related functions including admissions,
expulsions, punishments, examinations and certification;
(d) approve the policies
and procedures assuring quality of teaching and research;
(e) recommend the policies
and 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 Institute after receiving panels of
names from the relevant authorities;
(h) institute programmes
for the continued professional development of Institute teachers at all levels;
(i) recognize the
examinations of other universities or examining bodies as equivalent to the
corresponding examinations of the Institute;
(j) regulate the award of
studentships, exhibitions, medals and prizes;
(k) make regulations for
submission to the Senate;
(l) prepare an annual
report on the academic performance of the Institute; and
(m) perform such functions
as may be prescribed by regulations.
24.
Representation Committees.—(1) There shall be a Representation Committee
constituted, by the Senate through statute for recommendation of persons for
appointment to the Senate in accordance with the provisions of Section 17.
(2)
There shall also be a Representation Committee constituted by the Senate
through statute for the recommendation of persons for appointment to the
Syndicate and the Academic Council in accordance with the provisions of
Sections 20 and 22.
(3)
Members of the Representation Committee for appointments to the Senate shall
consist of the following:---
(a) three members of the
Senate of one is from the National Fertilizer Corporation of
(b) two persons nominated
by the institute teachers from amongst themselves in the manner prescribed;
(c) one person from the
academic community, not employed by the Institute, at the level of professor or
college Principal to be nominated by the Institute teachers in the manner
prescribed; and
(d) one eminent citizen
with experience in administration, philanthropy, development work, law or
accountancy to be nominated by the Senate.
(4) The
Representation Committee for appointments to the Syndicate and the Academic
Council shall consist of the following:—
(a) two members of the
Senate of one from NFC who are not Institute teachers; and
(b) three persons
nominated by the Institute teachers from amongst themselves in the manner
prescribed.
(5) The
tenure of the Representation Committees shall be three years:---
Provided
that no member shall serve for more than two consecutive terms.
(6) The
procedures of the Representation Committees shall be as may be prescribed.
(7)
There may also be such other Representation Committees set up by any of the
other Authorities as are considered appropriate for recommending persons for
appointment to the various Authorities and other bodies of the Institute.
25.
Appointment of committees by certain Authorities.—(1) The Senate, the
Syndicate, the Academic Council and other Authorities may, from time to time,
appoint such standing, special or advisory committees, as they may deem fit,
and may place on such committee persons who are not members of the Authorities
appointing the committees.
(2) The
constitution, functions and powers of the Authorities for which no specific
provision has been made in this Act shall be such as may be prescribed by
statutes or regulations.
CHAPTER V
STATUTES,
REGULATIONS AND RULES
26.
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:---
(a) the contents of and
the manner in which the annual report, to be presented by the Vice-Chancellor
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
Institute employees;
(d) the scales of pay and
other terms and conditions of service of officers, teachers and other Institute
employees;
(e) the maintenance of the
register of registered graduates;
(f) affiliation and
disaffiliation of educational institutions and related mutters;
(g) admission of
educational institutions to the privileges of the Institute and the withdrawal
of such privileges;
(h) the establishment of
Faculties, departments, colleges and other academic divisions;
(i) the powers and duties
of officers and teachers;
(j) conditions under which
the Institute may enter into arrangements with other institutions or with
public bodies for the purposes of research and advisory services;
(k) conditions for
appointment of Emeritus Professors and award of honorary degrees;
(l) efficiency and
discipline of Institute employees;
(m) the constitution and
procedure to be followed by Representation Committees in carrying out functions
in terms of this Act;
(n) the constitution and
procedure to be followed by the Search Committee for appointment of the
Vice-Chancellor;
(o) constitution,
functions and powers of the Authorities; and
(p) 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 may
approve with such modifications as the Senate may think fit or may refer back
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 made in terms of this Act
and approve such statute after seeking the views of the Syndicate.
27.Regulations.
(1) Subject to the
provisions of this Act and the statute, the Academic Council may make
regulations, to be published in the official Gazette, for all or any of the
following matters:---
(a) the courses of study
for degrees, diplomas and certificates of the Institute;
(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 Institute;
(d) the conditions under
which students shall be admitted to the courses and the examinations of the
institute and shall become eligible for the award of degrees, diplomas and
certificates;
(e) the conduct of
examinations;
(f) conditions under which
a person may carry or, independent research to entitle him to a degree;
(g) the institution of
fellowships, scholarships, exhibitions, medals and prizes;
(h) the use of the
Library;
(i) the formation of
Faculties, departments and Board of Studies; and
(j) all other matters
which by this 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 matters contained in sub-clauses (g) and
(i) shall not be submitted to the Senate without the prior approval of the
Syndicate.
28.
Rules.—(1) The Authorities and the other bodies of the Institute may make
rules, to be published in the official Gazette, consistent with Act, to
regulate any matter relating to the affairs of the Institute which has not been
provided for by this Act or that is not required to be regulated by statutes or
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 Syndicate.
CHAPTER-VI
INSTITUTE FUND
29.
Institute fund. The Institute shall have a fund to which shall be
credited its income from fees, charges, donations, trusts, bequests,
endowments, contributions, grants and all other sources.
30.
Audits and accounts.—(1) The Accounts of the Institute shall he maintained
in such form and in such manner as may be prescribed.
(2) The
teaching departments, constituent colleges or institutes and all other bodies
designated as such by the Syndicate in terms of statutes shall be independent
cost centres of the Institute 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 Institute through consultancy, research or other provision of service shall
be made available without prejudice to the budgetary allocation otherwise made,
after deduction of overheads in the manner and to the extent prescribed by
statute; to the teaching department, constituent college or other unit for its
development. A part of the funds so generated may be shared with the Institute
teachers or researchers in charge of the consultancy, research or service
concerned in the manner and to the extent prescribed by statute.
(4) No
expenditure shall be made from the funds of the Institute, 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 Treasurer 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 Institute.
(6)
Without prejudice to the requirement of audit by an auditor appointed by
Government in accordance with the provisions of any other law in force, the
annual audited statement of accounts of the Institute shall be prepared in
conformity with the Generally Accepted Accounting Principles (GAAP) by a
reputed firm of chartered accountants and signed by the Treasurer. The annual
audited statement of accounts so prepared shall be submitted to the Auditor
General of
(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 punishing any officer (other than the Vice-Chancellor), teacher or other
employee of the Institute or altering or interpreting to his disadvantage the
prescribed terms or conditions of his service, he shall, if the order is passed
by any officer or teacher of the Institute other than the Vice-Chancellor, have
the right to appeal to the Syndicate against the order, and if the order is
passed by the Vice-Chancellor, have the right to appeal to the Senate.
33.
Terms of service and remedy.—(1) Any person aggrieved by the decision or order of
the Institute may seek remedy from the Civil Court of competent jurisdiction:---
Provided
that any provision as regards the terms and conditions of employment of persons
in the service of
(2) An
officer, teacher or other employee of the Institute shall retire from service
on the attainment of such age or tenure of service as may be prescribed.
(3) No
adverse change shall be made in the terms and conditions of employment of any
Institute teacher in the employment of the Institute on the date of
commencement of this Act.
34.
Benefits and insurance.—(1) The Institute shall constitute for the benefit of
its officers, teachers and other employees schemes, as may be prescribed, for the
provision of post-employment benefits as well as health and life insurance
while in service.
(2)
Where any provident fund has been constituted under this Act, the provisions of
the Provident Fund 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 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 remains absent from the Institute 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
among the members of any Authority shall be filled, as soon as conveniently may
be, in the same manner and by the same person or Authority that had appointed
the member whose place has become vacant and the person appointed to the
vacancy shall be a 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 a flaw
in the constitution of an Authority as constituted by this Act, the statutes or
the regulations on account of the abolition of a specified office under
Government or because an organization, institution or other body outside the
Institute 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 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 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 this Act, the President of Pakistan shall promulgate the first
statues and regulations which shall be deemed to be statutes and regulations
made under Sections 26 and 27 and shall continue to remain in force until
amended or replaced by new statutes and regulations in accordance with the
provisions of this Act.
40.
Repeal and savings. Notwithstanding anything contained in any other law,
the certificate of incorporation of the NFC institute issued vide No. JRL/1840
dated the 30th August, 1994, shall stand repealed from such date as may be
notified by the Government in the official Gazette:---
Provided
that the Government may save, through appropriate provision in the repealing
notifications, such acts or other legislative instruments constituting the NFC
institute as are necessary for preservation of such specific features that are
essential given the nature of the Institute and are not in conflict with the
management and governance structure laid down by this Act or for continuation
of the legal status of an institute, college or other constituent unit of the
Institute as on the date of the notification in the official Gazette.
41.
Transitory provisions.—(1) Notwithstanding anything contained in this Act, on
the establishment of the Institute, the Senate shall be structured which shall
initiate, as soon as possible, the process for the appointment of the members
of the Syndicate and the Academic Council in accordance with the provisions of
this Act.
(2) Any
administrative set up at NFC Institute in existence immediately before the
commencement of this Act, shall continue to function and shall as far as may
be, exercise the powers respectively assigned to the Vice- Chancellor and the
corresponding Authorities by or under this Act, until such time as they are
respectively replaced in accordance with the prevision of this Act.
(3)
Notwithstanding anything contained in this Act, the first Vice-Chancellor shall
be appointed by the Chancellor for a period of four years.
42.
Removal of difficulties.—(1) If any question arises as to the interpretation of
any of the provisions of this Act, it shall be placed before the Chancellor
whose decision thereon shall be final.
(2) If
any difficulty arises in giving effect to any of the provisions of this Act,
the Chancellor may make such order after obtaining the views of the Senate, not
inconsistent with the provisions
of this Act, as may appear to him to be necessary for removing the difficulty.
(3) Where this Act makes any provision
for anything to be done but no provision or no sufficient provision has been
made as respects the authority by whom, or the time at which, or the manner in
which, it shall be done, then it shall be done by such authority, at such time,
or in such manner as the Chancellor may direct after obtaining the views of the
Senate.
43. Indemnity. No suit or legal proceedings shall lie against the
Government, the Institute or any Authority, officer or employee of the
Government or the Institute or any person in respect of any thing which is done
in good faith under this Act.
44. Power to allow appointment of
employees of the Government, other universities or educational or research
institutions to the Institute.—(1)
Notwithstanding anything contained in this Act the Senate may, on the advice of
the Syndicate, allow any post in, the Institute to be filled by appointment, on
such terms as the Senate may specify, an employee of the Government or any
other university or educational or research institution.
(2) Where any appointment has been made
under this section, the terms and conditions of service of the appointee shall
not be less favourable than those admissible to him immediately before such
appointment and he shall be entitled to all benefits of his post of service.
Passed by the National Assembly on
the 8th October, 2009 and by the Majlis-e-Shoora (Parliament) in its Joint
Sitting on the 5th April, 2012 in terms of clause (3) of Article 70 of the
Constitution of the Islamic
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