Updated: Sunday October 02, 2016/AlAhad
Muharram 01, 1438/Ravivara
Asvina 10, 1938, at 08:03:39 PM
The Pakistan Institute of Development Economics Act,
2010
ACT No. VIII OF 2010
[17th April, 2010]
An Act to grant degree awarding
status to the
Whereas it is expedient to make provisions
to grant degree awarding status to the Pakistan Institute of Development
Economics,
It is hereby enacted as follows:---
CHAPTER-I
PRELIMINARY
1. Short title, application and
commencement.___ (1) This Act may be called the Pakistan Institute of
Development Economics Act, 2010.
(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 established under section
22;
(b) “Authority”
means any of the Authorities of the Institute specified in section 16;
(c) “Chancellor”
means the Chancellor of the Institute;
(d) “Commission”
means the Higher Education Commission established under the Higher Education
Commission Ordinance, 2002 (LIII of 2002);
(e) “Committee”
means the committees of the Institute constituted under sections 24 and 25;
(f) “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;
(g) “Department”
means a teaching department maintained and administered, or recognized by the
Institute in the manner prescribed;
(h) “Director”
means the head of Research Centre;
(i) “Faculty”
means an administrative and academic unit of the Institute consisting of one or
more departments, as prescribed;
(j) “Institute” means the Pakistan Institute of
Development Economics reconstituted under this Act;
(k) “Institute Teacher”
means Professor, Assistant Professor and Lecturer engaged on whole time basis
by the Institute for teaching;
(1) “Patron“ means the Patron of the Institute;
(m) “prescribed“ means prescribed by Statutes, Regulations or Rules
made under this Act;
(n) “Registrar“ means the Registrar of the Institute;
(o) “Representation
Committees” means the Representation Committees constituted under section 24;
(p) “Review Panel” means
the Review Panel set up by the Chancellor in accordance with the provisions of
section 9;
(q) “Senate” means the
Senate of the Institute;
(r) “Statutes”, “Regulations”
and “Rules” mean respectively the Statutes, the Regulations and the Rules made
under this Act and for the time being in force;
(s) “Syndicate” means the
Syndicate of the Institute; and
(t) “Teachers” include
Professor, Associate Professors, Assistant Professors and Lecturers engaged on
whole-time basis by the Institute and such other person as may be declared to
be teachers by Regulations.
CHAPTER-II
THE INSTITUTE
3. Establishment and
incorporation of the Institute.---(1) The Pakistan Institute of Development
Economics, Islamabad, as reconstituted in accordance with the provisions of
this Act shall consist of,---
(a) the Patron, the
Chancellor, the Vice-Chancellor, the Senate, the Deans, the Registrar and the
Directors;
(b) the members of the
Senate, Academic Council, Committees and other bodies as the Senate may
establish;
(c) the teachers and
students of the Institute; and
(d) such other full-time
officers and members of the staff as the Senate may, from time to time,
specify.
(2) The
Institute shall be a body corporate by the name of the Pakistan Institute of
Development Economics, Islamabad, having perpetual succession and a common
seal, and may sue and be sued by the said name.
(3) 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.
(4)
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 provision of this Act and
the Higher Education Commission Ordinance, 2002 (LIII of 2002). In particular,
and without prejudice to the authority granted to the Commission by law, the
Federal Government or an authority or auditor appointed by the Federal
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.
(5) All
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 Institute in existence immediately before the commencement of this
Act shall pass to the Institute reconstituted under this Act.
(6) The
seat of the Institute shall be at
4. Powers and Purposes
of the Institute.---The Institute in order to become a nationally and
internationally recognized premier institute of learning and research in the
fields of development and economics, shall have the following powers namely:---
(i) to provide for
education and scholarship in the fields of development and economics such as
economics, international economics, development economics, business economics,
trade and commerce, environmental economics, public policy and governance,
technology and development, fiscal policies and taxation, economics of
competitiveness, agricultural economics, social and political economy and in
such branches of knowledge which 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;
(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, person 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 person 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 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 completed the requisite course work and carried out research
off campus under prescribed conditions and supervision;
(xiv) 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;
(xv) to co-operate with
other Universities, public authorities or private organizations, inside as well
as outside
(xvi) to institute
Professorships, Associate Professorships, Assistance Professorships and
Lectureships and any other posts and to appoint persons thereto;
(xvii) to create posts for
research, extension, administration and other related purposes and to appoint
persons thereto;
(xviii) to institute and award
financial assistance to students in need, fellowships, scholarships, bursaries,
medals and prizes under prescribed conditions;
(xix) to establish teaching
departments, and other centers of research and to make such arrangements for
their maintenance, management and administration as it may prescribe;
(xx) to provide for the
residence of the students of the Institute, to institute and maintain halls of
residence and to approve or license hostels and lodging;
(xxi) to maintain order,
discipline and security on the campuses of the Institute;
(xxii) to promote the extra
curricular and recreational activities of such students, and to make
arrangement for promoting their health and general welfare;
(xxiii) to demand and receive
such fees and other charges as it may determine;
(xxiv) to make provisions 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;
(xxv) to enter into, carry
out vary or cancel contracts;
(xxvi) to receive and manage
property transferred and grants, contributions made to the institute and to
invest any fund representing such property, grants bequests, trust, gifts,
donations, endowments or contributions in such manner as it may deem fit;
(xxvii) to provide for the
printing and publication of research and other works; and
(xxviii) 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 co-education, learning, and research.
5.
Institute open to all classes, creeds, etc.---(l) The Institute shall
be open to all persons of either sex of whatever, religion, race, creed, colour
or domicile who are academically qualified for admission to the courses of
study offered by the Institute, and no such person shall be denied the
privilege on the ground only of sex, religion, creed, race, class, colour or
domicile.
(2) An
increase in any fee or charge may be made only with the approval of the Senate.
(3) The
Institute shall institute financial aid programmes for students in need, to the
extent considered feasible by the Senate given the resources available, so as
to enable admission and access to the Institute and the various opportunities
provided by it to be based on merit rather than ability to pay;
(4) The
Institute shall offer admission on merit to its teaching and research
programmes up to a maximum of ten percent of its total students strength to
overseas Pakistanis and international students at the fee structure to be
determined by the Senate.
6.
Teaching and Examination at the Institute.---(1) All recognized
teachings in various courses shall be conducted by the Institute 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 Government or private organizations.
(2) The
authority responsible for organizing recognized teaching shall be such as may
be prescribed.
(3) The
academic programmes of the Institute shall be conducted in the prescribed
manner.
(4) The
Institute shall associate external examiners for the conduct of examination.
(5) In
the prescribing syllabi, courses of studies and instructions for the conduct of
studies, the Institute shall abide by the directions given by the Higher
Education Commission under the Higher Education Commission Ordinance 2002 (LIII
of 2002) for Federal supervision of curricula, textbooks, and maintenance of
standards of education.
CHAPTER-III
OFFICERS OF THE
INSTITUTE
7. Principal
Officers.---The following shall be the principal officers of the Institute,
namely:---
(a) the Patron;
(b) the Chancellor;
(c) the Vice-Chancellor;
(d) the Deans;
(e) the Directors;
(f) the Registrar;
(g) the Treasurer;
(h) the Controller of
Examinations; and
(i) such other persons as
may be prescribed by the Statutes or Regulations to be the principal officers
of the Institute.
8.
Patron. (1) The President of
the Islamic Republic of Pakistan shall be the Patron of the Institute.
(2) The
Patron, or in his absence, the Chancellor shall preside at the convocation of
the Institute.
(3) Every
proposal to confer any honorary degree shall be subject to confirmation by the
Patron.
(4) The
Patron, may cause an inspection or inquiry to be made in respect of any matter
connected with the affairs to the Institute and shall, from time to time,
direct any person or persons as he may deem fit to inquire into or carry out
inspection of such matters a may be specified by him.
(5) The
Patron -shall communicate to the Senate his views with regard to the result of
visitation and shall, after ascertaining the views of the Senate, advise the
Senate on the actions to be taken by it.
(6) The
Senate shall, within such time as may be specified by the Patron, communicate
to him such action, if any, as has been taken or may be proposed to be taken
upon the result of visitation.
(7)
Where the Senate does not, within the time specified, take action to the
satisfaction of the Patron, the Patron may issue such directions as he deems
fit and the Senate shall comply with all such directions.
9.
Chancellor.---(1) The Deputy Chairman, Planning Commission shall be
the Chancellor of the Institute and the Chairperson of the Senate.
(2) The
members of the Senate shall be appointed by the Chancellor.
(3) 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 18.
10.
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 function;
(2) The
Chancellor shall remove any person from the membership of the Senate on a
resolution calling for the removal of such person supported by at least
three-fourths of the membership of the Senate:
Provided
that before passing such resolution the Senate shall provide the member
concerned a fair hearing:---
Provided
further that the provisions of this section shall not be applicable to the
Vice-Chancellor in his capacity as a member of the Senate.
11.
Vice-Chancellor.---(1) There shall be a Vice-Chancellor of the Institute
who shall be an eminent academic or a distinguished administrator and shall be
appointed on such terms and conditions as may be prescribed.
(2) The
Vice-Chancellor shall be the chief executive officer of the Institute
responsible for all administrative and 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, 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
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 Senate
at the next meeting;
(c) to make appointments
of such categories of employees of the Institute 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 Institute 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 Institute; and
(f) to exercise and
perform such other powers and functions as may be prescribed.
(6) 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.
(7) 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 Patron on the recommendations of the Search
Committee.
(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 Chancellor as
Chairperson, Governor of State Bank of Pakistan, Chairman HEC, Rector of
leading private sector university and an internationally renowned economist and shall make its
recommendations through transparent and competitive process. The Search
Committee shall remain in existence till such time that the appointment of the
next Vice-Chancellor is made by the Patron.
(3) The
Search Committee for appointment of Vice-Chancellor shall recommend a panel of
two, in order of priority, to the Patron:---
Provided
that the Patron may decline to appoint any of the two persons recommended, by
indicating reasons and seek recommendation of a fresh panel. In the event of a
fresh recommendation being sought by the Patron the Search Committee shall make
a proposal to the Patron in the prescribed manner.
(4) The
Vice-Chancellor shall be appointed for a period of five years on terms and
conditions prescribed by statutes. Three months prior to the completion of
Vice-Chancellor term of office the process of selection of new Vice-Chancellor
shall be initiated in accordance with the subsection (2) of the section 12.
(5) The
Senate may, pursuant to a resolution in this behalf passed by three-fourths of
its membership, recommend to the Patron 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 Patron may make a `reference to the Senate stating the instances of
inefficiency, moral turpitude or physical or' mental incapacity or gross misconduct on the part of the
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 Patron 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 Patron forthwith. The Patron 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 is unable to perform the functions of his office
due to illness or some other cause, the Senate shall make such arrangements or
the performance of the duties of the Vice Chancellor as it may deem fit.
13.
Registrar.---(1) There shall be a Registrar of the Institute to be
appointed by the Senate through transparent and merit based process, 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
term of office of the Registrar shall be for a period of four 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 through transparent
and merit based process, 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 such 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 for a period of four 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 through transparent and merit based process on
recommendation of the Vice-Chancellor, on such terms and conditions as may be
prescribed.
(2) The
minimum qualifications necessary for appointment to the post of the Controller
of Examinations shall be such 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 period of four 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.---(l) The Following shall be the Authorities of the
Institute, namely:---
(a) Authorities
established by this Act, namely:---
(i) the Senate;
(ii) the Syndicate; and
(iii) the Academic Council;
(b) Authorities to be
established by the Statutes, namely:
(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) two parliamentarians,
one from the National Assembly and one from the Senate;
(d) the Secretary, Planning
and Development Division;
(e) the Secretary, Ministry
of Commerce;
(f) the Secretary,
Finance;
(g) Chairman or Additional
Chief Secretaries of Planning and Development Departments of four Provinces;
(h) five persons from
civil society being persons of distinction in the fields of management,
education, academics, agriculture, and economics such that the appointment of
these persons reflects a balance across the various fields, the special focus
of the Institute, may be reflected in the persons of distinction who are
appointed to the Senate;
(i) one distinguished person
from amongst the alumni of the Institute;
(j) three institute
teachers, and
(k) a member of the Higher
Education Commission.
(2) All
appointments to the Senate shall be made by the Chancellor. Appointments of
persons described in clauses (i) to (j) of subsection (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
subsection (1) the Senate shall prescribe a procedure for appointment on the basis
of elections that provide for voting by the various categories of 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 persons described in clauses (g) to (h) of subsection (1).
(3)
Members of the Senate, other than ex officio members, shall hold office for
four years. One-half of the members, other than ex officio members, of the
first restructured Senate, to be determined by lot, shall retire from office on
the expiration of two years from the date of appointment by the Chancellon:---
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.
(4) The
Senate shall meet at least once in a calendar year.
(5)
Service on the Senate shall be on honorary basis:---
Provided
that travel and boarding or lodging expenses may be reimbursed as prescribed
(6) The
Registrar shall be the Secretary of the Senate.
(7) In
the absence of the Chancellor meetings of the Senate shall be presided over by
such member, not being an employee of the Institute or the Federal Government,
as the Chancellor may, from time to time, nominate. The member so nominated
shall be the convener 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 conferred by this Ordinance 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 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 through a transparent and merit based
process as may be prescribed;
(e) to institute schemes,
directions and guidelines for the terns 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 frame 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 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 appointment of
members of the Syndicate, other than ex officio members, in accordance with the
provisions of this Act;
(1) to make appointment of
members of the Academic Council, other than ex officio members, in accordance
with the provisions of this Act;
(m) to appoint Emeritus
Professors on such term and conditions as may be prescribed;
(n) to remove any person
from the membership of any Authority if such person
(o) has become of unsound
mind; or
(p) has become
incapacitated to function as member of such Authority; or
(q) 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
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.
Visitation.---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, namely,---
(a) the Vice-Chancellor who
shall be its Chairperson;
(b) two members of the
Senate to be nominated by the Senate;
(c) the Deans of the
Faculties of the Institute;
(d) 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;
(e) the Registrar;
(f) the Treasurer; and
(g) the Controller of
Examinations.
(2)
Members of the Syndicate, other than ex officio members, shall hold office for
a period of three years.
(3) As
regards the three professors described in clause (d) of subsection (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, namely:---
(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
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, and 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 of residence and hostels or approve or license hostels or
lodgings for the residence of students;
(j) to arrange for the
inspection of the departments;
(k) to institute
Professorships, Associate Professorships, Assistant Professorships,
Lectureships, and other teaching posts or to suspend or to abolish such posts;
(1) to
create, suspend or abolish such administrative or other posts as may be
necessary;
(m) to prescribe the duties
of officers, teachers and other employees of the Institute;
(n) to report to the Senate
on matters with respect to which it has been asked to report;
(o) to appoint members to
various Authorities in accordance with the provisions of this Act;
(p) to propose drafts of
Statutes for submission to the Senate;
(q) to regulate the
conduct and discipline of the students of the Institute;
(r) to take actions
necessary for the good administration of the Institute in general and to this
end exercise such powers as are necessary;
(s) to delegate any of its
powers to any Authority or officer or a committee; and
(t) 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, namely:---
(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 eminent
Professors including emeritus Professors from other leading universities and
institutions;
(d) the Registrar;
(e) the Controller of
Examinations; and
(f) 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.
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 three years.
(4) The
Academic Council shall meet at least three time a year.
(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) propose to the. Syndicate schemes for
the constitution and organization of Faculties, teaching departments and boards
of studies;
(f) appoint paper setters and examiners for all
examinations of the Institute after receiving panels of names from the relevant
authorities;
(g) institute programmes for the continued
professional development of Institute Teachers at all levels;
(h) recognize the examinations of other Universities
or examining bodies as equivalent to the corresponding examinations of the
Institute;
(i) regulate the award of studentships, scholarships,
exhibitions, medals and prizes;
(j) frame Regulations for submission to the Senate;
(k) prepare an annual report on the academic
performance of the Institute; and
(l) 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, namely:---
(a) Secretary, Planning and Development Division, who
shall be its Chairperson in his ex officio capacity;
(b) three members of the Senate who are not Institute
teachers;
(c) two persons nominated by the Institute Teachers
from amongst themselves in the manner prescribed;
(d) one eminent person from business, trade and
industry as nominated by the Chancellor; and
(e) one eminent economist to be nominated by the
Chancellor.
(4) The
Representation Committee for appointments to the Syndicate and the Academic
Council shall consist of the following, namely:
(a) the Vice-Chancellor,
who shall be its Chairperson in his ex officio capacity;
(b) two members of the
Senate who are not Institute Teachers; and
(c) three person nominated
by the Institute Teachers from amongst themselves in the manner prescribed.
(5) The
tenure of other than ex officio Chairperson, 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 Committees shall be as may be prescribed.
(7)
There may also be such other Representation Committees, headed by Secretary,
Planning and Development Division, set up by any of the other Authorities of
the Institute 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.---(l)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; namely:---
(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 Institute 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) the establishment of
Faculties, departments, research centres and other academic divisions;
(g) the powers and duties
of officers and teachers;
(h) conditions under which
the Institute may enter into arrangements with other institutions or with
public bodies for purposes of research and advisory services;
(i) conditions for
appointment of emeritus Professors and award of honorary degrees;
(j) efficiency and
discipline of Institute employees;
(k) the constitution and
procedure to be followed by Representation Committees in carrying out functions
in terms of this Act;
(1) the constitution and
procedure to be followed by the Committee for appointment of the
Vice-Chancellor;
(m) constitution,
functions and powers of the Authorities of the Institute;
(n) academic and research
audit of the Institute; 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 may
approve or pass 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
subsection (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.
27.
Regulations.---(1) Subject to the provisions of this Act and the
statutes, the Academic Council may make Regulations, to be published in the
official, Gazette, for all or any of the following matters, namely:---
(a) the courses of study
for degrees, diplomas and certificates of the Institute,---
(b) the manner in which
the teaching referred to in subsection (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 on off campus 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.
Amendment and repeal of statutes and regulations.--The procedure for
adding to, amending or repealing the statutes and the regulations shall be the
same as that prescribed respectively for framing or making statutes and
regulations.
29.
Rules.---(1) The Authorities and the other bodies of the
Institute may make Rules, to be published in the official Gazette, consistent
with this Act, statutes or the regulations, 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
30.
Institute Fund.---The Institute shall have a fund to which shall be
credited its income from fees, charges, donations, trusts, bequests,
endowments, contributions, Government grants and all other sources.
31.
Audits and accounts.---(1)The Accounts of the Institute shall be maintained
in such form and in such manner as may be prescribed.
(2) The
teaching department and all other bodies designated as such by the Syndicate in
terms of Statutes shall be independent cost centers 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, 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, 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 by a reputed firm
of chartered accountants selected through a transparent and merit based process
and approved by the Senate 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 Pakistan, if any, together with such
annotations as the Treasurer may make, shall be considered by the Syndicate and
shall be placed before the Senate within six months of closing of the financial
year.
CHAPTER - VII
GENERAL PROVISIONS
32.
Opportunity to show cause.---Except as otherwise provided by law no officer,
teacher or other employee of the Institute holding a permanent post shall be reduced in rank, or removed or
compulsorily retired from service for cause arising out of any act or omission
on the part of the person concerned unless he has been given a reasonable opportunity
of showing cause against the action proposed to be taken.
33.
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, where 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 where the order is passed by the Vice- Chancellor, have the right to appeal
to the Senate.
34.
Service of the Institute.---(1) All persons employed by the Institute 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 of
tribunal set up by law in terms of Article 212 of the Constitution of the
Islamic Republic of Pakistan:---
Provided
that any provision as regards the terms and conditions of employment of persons
in the service of
(2) An
officer, teacher or other employee of the Institute shall retire from service
on the attainment of sixty years 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/staff member in the employment of the Institute on the date
of enforcement of this Act.
35.
Benefits and insurance.---(1) The Institute shall constitute for the benefit of
its officers, teachers and other employees scheme, as may be prescribed, for
the provision of post-employment benefits as well as health and life insurance
while in service.
36.
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.
37.
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 manlier 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.
38.
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 the
Federal 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.
39. 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.
40. Transitory
provisions. (1) Notwithstanding
anything contained in the Act, upon the coming into force of this Act with
respect to an Institute, the Senate shall be restructured and the members
thereof, except the Institute Teachers, appointed afresh by the Chancellor in
accordance with the numbers and criteria for membership specified in the Act.
As regards the Institute Teachers to be elected or appointed to the
restructured Senate elections shall be held as soon as possible in the case of
Institutes where the repealed Resolution or any other law or other legislative
instrument had provided for the election of Institute Teachers to the Senate,
in all other cases Institute Teachers shall be appointed to the restructured
Senate by the Chancellor. The number of Institute Teachers to be elected or
appointed to the restructured Senate shall be as provided in this Act. The
first restructured Senate so constituted shall initiate, as soon as possible,
the process for the appointment of the members of the Syndicate and the
Academic Council in accordance with the terms of this Act. The term of tenure
provided in subsection (4) of section 17 notwithstanding, one-third of the
members, other than ex officio members, of the first restructured Senate, to be
determined by lot, shall retire from office on the expiration of two years from
the date of appointment by the Chancellor.
(2).Any
existing provision as regards tenure notwithstanding the Vice-Chancellor and
the other Authorities, in existence immediately before the date on which the
Act is enforced with respect to an Institute listed in the Schedule, shall
continue to function and shall, as far as may be, exercise the powers
respectively assigned to the Vice-Chancellor and corresponding Authorities by
or under any law, until such time as they are respectively replaced in
accordance with the terms of this Act.
(3)
Notwithstanding anything contained in the Act, as regards an Institute set up
after its commencement, the members of the first Senate, except the Institute
Teachers, shall be appointed by the Chancellor in accordance with the numbers
and criteria for membership specified in this Act. The first Senate so
constituted shall initiate, as soon as possible, the process for the
recruitment of Institute Teachers and appointment of the members of the
Syndicate and the Academic Council in accordance with the terms of this Act.
The institute teachers to be appointed to the first Senate shall be appointed
as soon as the procedure prescribed for appointment of Institute Teachers to
the Senate has been complied with. The terms of tenure provided in subsection
(4) of section 17, 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 two years from the date of appointment by the
Chancellor.
(4) The
current staff of the Institute including the Vice-Chancellor shall continue to
function for the remaining period of their tenure or service as applicable in
the statutes.
41.
Indemnity.---No suit or legal proceedings shall lie, against the
Federal 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.
42.
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 Institute or educational or research institution.
(2) Where any appointment has been made
under this section, the terms and conditions of service of the appointee shall
not be less favorable than those admissible to him immediately before such
appointment and he shall be entitled to all benefits of his post of service.
43. 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.
44. Repeal and Savings.---(1) The Planning and Development Division's Resolution
No.15(3)Ad,II/PD/80, dated the 12th December, 1981, is hereby repealed.
(2) Notwithstanding the repeal
envisaged by sub-section (1),---
(a)
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 the Statutes, the Regulations and the Rules made or
deemed to have been made there under, shall, if not inconsistent with the
provisions of this Act or the Statutes, the Regulations or the Rules made under
this Act, be continued and, so far as may be, be deemed to have been
respectively done, taken, incurred, acquired, appointed, authorized, conferred,
created, made, instituted, granted and issued under this Act, and any documents
referring to any of the provisions of the repealed Resolution, or the Statutes,
the Regulations and the Rules first referred shall , so far, as may
be, be considered to refer to the corresponding provisions of this Act or the
Statutes, the Regulations and the Rules made under this Act; and
(b) any
Statutes, Regulations, or Rules made or deemed to have been made under the
repealed Resolution 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.
45. Validation of action, etc.---Anything done, actions taken, orders passed,
instruments made, notifications issued, agreements made, proceedings initiated,
processes or communication issued, powers conferred, assumed or exercised, by
the Institute or its officers on or after the 8th November, 2006 and before the
commencement of this Act, shall be deemed to have been validly done, made,
issued, taken, initiated, conferred, assumed, and exercised and the provisions
of this Act shall have, and shall be deemed always to have had effect
accordingly.
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