Updated: Tuesday October 11, 2016/AthThulatha
Muharram 10, 1438/Mangalavara
Asvina 19, 1938, at 12:27:52 PM
The Pakistan Institute of Fashion and Design Act, 2011
ACT X OF 2011
An Act to provide for reconstitution of the Pakistan
Institute of Fashion and Design,
WHEREAS it is expedient to provide for
reconstitution of the Pakistan Institute of Fashion and Design, Lahore with the
powers to award degrees 'and for the matters connected therewith or ancillary
thereto;
It is hereby enacted as follows:---
CHAPTER-1
PRELIMINARY
1. Short title and commencement.___ (l) This Act may be called the Pakistan Institute of
Fashion and Design Act, 2011.
(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) “Authority”
means any of the Authorities of the Institute specified in terms of section 15;
(c) “Chancellor”
means the Chancellor of the Institute;
(d) “College”
means a constituent college;
(e) “Commission”
means the Higher Education Commission set up under the Higher Education Commission
Ordinance, 2002 (LIII of 2002);
(f) “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;
(g) “Department”
means a teaching department maintained and administered or recognized by the
Institute in the manner prescribed;
(h) “Deputy
Chairperson” means the Pro-Chancellor of the Institute;
(i) “Faculty”
means an administrative and academic unit of the Institute consisting of one or
more departments, as prescribed;
(j) “Government”
means the Federal Government;
(k) “Institute” means the Pakistan Institute of Fashion
and Design,
(1) “Institute teacher”
means a whole-time teacher appointed and paid by the Institute, or recognized
by the Institute as such;
(m) “prescribed” means
prescribed by statutes, regulations or rules made under this Act;
(n) “Principal” means the
head of a college;
(o) “Representation
Committees” means the Representation Committees constituted under section 23;
(p) “Review Panel” means
the Review Panel set up by the Chancellor in accordance with the provisions of
section 8;
(q) “Search Committee”
means the Search Committee set up by the Senate under section 11;
(r) “Senate” means the
Senate of the Institute;
(s) “Statutes”, “regulations”
and “rules” means respectively the statutes, the regulations and the rules made
under this Act and for the time being in force;
(t) “Syndicate” means the
Syndicate of the Institute;
(u) “Teachers” include
Professors, Associate Professors, Assistant Professors and Lecturers engaged
whole-time by the Institute or by a constituent college and such other persons
as may be declared to be teachers by regulations; and
(v) “Vice-Chancellor”
means the Vice-Chancellor of the Institute.
CHAPTER-II
THE INSTITUTE
3.
Incorporation of the Institute.___ (l) The
(2) The
Institute shall consist of,---
(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 15;
(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.
(3) The
Institute shall be a body corporate having perpetual succession and a common
seal and may by the said name sue and be sued.
(4) The
present regular or full time employees of the Institute shall continue to be
employed under this Act under existing terms and conditions not less favourable
than those prevailing at present,
(5) 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.
(6)
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 Ordinance, 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.
(7) All
properties, rights and interests of whatever kind, used, enjoyed, possessed,
owned or vested in, or held in trust by or for the Institute and liabilities
legally subsisting against the Institute shall pass to the Institute
reconstituted under this Act.
(8) The
Institute shall follow the guidelines and policy directives, as the Federal
Government may issue, from time to time, for achieving the purposes of this
Act.
4.
Powers and purposes of the Institute.___The Institute shall have the following powers and
purposes, 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 programs
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;
(xiii) to confer degrees on
persons who have carried on independent research under prescribed conditions;
(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, Assistant Professorships and Lecturer
ships 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 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;
(xiv) to institute and award
financial assistance to students in need, fellowships., scholarships,
bursaries, medals and prizes under prescribed conditions;
(xx) to establish teaching
departments, schools, colleges, faculties, institutes, museums and other
centers of learning for the development of teaching and research and to make
such arrangements for their maintenance, management and administration as it
may prescribe;
(xxi) to provide for the
residence of the students of the Institute and the constituent colleges, to
institute and maintain halls of residence and to approve or license hostels and
lodging;
(xxii) to maintain order,
discipline and security on the campuses of the Institute and the constituent
colleges;
(xxiii) to promote the extra
curricular and recreational activities of such students, and to make
arrangements for promoting their health and general welfare;
(xxiv) to demand and receive
such fees and other charges as it may determine;
(xxv) 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;
(xxvi) to enter into, carry
out, vary or cancel contracts;
(xxvii) 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;
(xxviii) to provide for the
printing and publication of research and other works;
(xxix) to make rules,
regulations and statutes for the Institute; and
(xxx) 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.___ (l) The Institute shall be open to all persons of
either sex of whatever religion, race, caste, class, creed, colour or domicile
who qualify for admission to the courses of study offered by the Institute
based on the criteria and policy determined by the Senate, and no such person
shall be denied the privileges of the Institute on the ground only of sex,
religion, race, caste, class, creed, 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 Senate.
(3) The
Institute shall initiate financial aid programs 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:---
Provided that the Institute may initiate self-finance
schemes covering not more than ten per cent of the total number of candidates
in any campus taught course or research-based program of study.
6.
Teaching and examination at the Institute. (l) All academic
programs of the Institute shall be conducted in the prescribed manner and the
Senate shall ensure that the courses of study, the curriculum and the practical
work at the Institute are comparable in standard with other similar
institutions.
(2) All
recognized teaching in various courses shall be conducted by the Institute or a
college 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.
(3) The
authority responsible for organizing recognized academic programs shall'be such
as may be prescribed.
(4) The
Institute shall associate internal and external examiners in the conduct of
examinations.
(5) No
degree shall he granted unless a student has passed an examination in Islamic
and Pakistan Studies, or, in the case of a non-Muslim student in Ethics and
Pakistan Studies.
CHAPTER-III
OFFICERS OF THE
INSTITUTE
7.
Officers. The following shall be
the officers of the Institute, namely:---
(a) the Chancellor;
(b) the Pro-Chancellor;
(c) the Vice-Chancellor;
(d) the Deans;
(e) the Principals of the
colleges;
(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 officers of the
Institute.
8.
Chancellor and Pro-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 a, person of eminence to preside over the convocation of the
Institution.
(3) The
Federal Minister for Commerce or as, the case may be, the Minister-in-Incharge
of the administrative Ministry, shall be the Pro-Chancellor of the Institute
and Deputy Chairperson of the Senate.
(4) 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
the provisions of this Act and the statutes, as the case may be.
(5)
Every proposal to confer an honorary degree shall be subject to confirmation by
the Chancellor.
(6) 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.
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 membership of the Senate on a
resolution calling for the removal of such person supported by at least
three-fourth of the membership of the Senate:---
Provided
that before passing such resolution the Senate shall provide the member
concerned an opportunity of being heard:---
Provided
further that the provisions of this section shall not he applicable to the
Vice-Chancellor in his capacity as a member of the Senate.
10.
Vice-Chancellor of the Institute. (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
Institutes 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 shall make available annual report, prior to its presentation
before the Senate, to all officers and Institute teachers and it shall be
published in such numbers as are required to ensure its wide circulation.
11.
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 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 five years on
terms and conditions prescribed by statute. The tenure of an incumbent Vice-Chancellor
of the Institute 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-fourth of its membership, recommend to the
Chancellor the removal of the Vice-Chancellor on the ground of inefficiency,
moral turpitude or physical or mental incapacity or gross misconduct, including
misuse of position for personal advantages of any kind:---
Provided
that the Chancellor may make 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-third 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
for reconsideration and resubmission.
(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 for the performance
of the duties of the Vice-Chancellor as it may deem fit.
12.
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
term of office of the Registrar shall be 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.
13. Treasurer.---(l) 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 or 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.
14.
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 he 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 to perform such other duties as may by 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
15.
Authorities.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.
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 also 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, 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 programs and to review the academic
affairs of the Institute in general;
(d) to approve the
appointment of the Principals, 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:---
Provided
that the Senate may make 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;
(l) to make
appointment of members of the Academic Council, other than ex-officio members,
in accordance with the provisions of this Act;
(m) to appoint
Emeritus, Professors on such terms and conditions as may be prescribed;
(n) to remove any person
from the membership of any Authority if such person
(i) has become of unsound
mind; or
(ii) has become
incapacitated to function as member of such Authority; or
(iii) has been convicted by
a court of law for an offence involving moral turpitude; and
(o) to determine the form,
provide for the custody and regulate the use of the common seal of the
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.
18.
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.
19.
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) the Deans of the
Faculties;
(c) three professors from
different departments, who are not members of the Senate, to be elected by the
Institute teachers in accordance procedure to be prescribed by the
Vice-Chancellor;
(d) Principals of the
colleges;
(e) the Registrar;
(f) the Treasurer; and
(g) the Controller of
Examinations.
(2) The
Registrar shall also be the Secretary of the Syndicate.
(3)
Members of the Syndicate, other than ex-officio members, shall hold office for
three years.
(4) As
regards the three professors described under 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
23. Appointment of persons proposed by the Representation Committee may be made
by the Senate on the recommendation of the Vice-Chancellor.
(5) The
quorum for a meeting of the Syndicate shall be one-third of the total number of
the total number of members, a fraction being counted as one.
(6) The
Syndicate shall meet at least once in each quarter of the year.
20.
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 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, 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 Trust 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, 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 recommend to the
Senate admission of educational institutions to the privileges of the institute
and withdraw such privileges;
(k) to arrange for the
inspection of colleges and the departments:
(l) to institute
Professorships, Associate Professorships, Assistant Professorships,
Lectureships and other teaching posts or to suspend or to abolish such posts;
(m) to create, suspend or
abolish such administrative or other posts as may be necessary;
(n) to prescribe the
duties of officers, teachers and other employees of the Institute;
(o) to report to the
Senate on matters with respect to which it has been asked to report:
(p) to appoint members to
various Authorities in accordance with the provisions of this Act;
(q) to propose drafts of
statutes for submission to the Senate;
(r) to regulate the
conduct and discipline of the students of the Institute;
(s) to take actions
necessary for the good administration of the Institute in general and to this
end exercise such powers as are necessary;
(t) to delegate any of its
powers to any Authority or officer or a committee; and
(u) to perform such other
functions as have been assigned to it by the provisions of this Act or may be
assigned to it by statutes.
21.
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 members
representing the departments, institutes and the colleges to be elected in the
manner prescribed by the Senate;
(d) five Professors
including Emeritus Professors;
(e) the Registrar;
(f) the Controller of
Examinations; and
(g) the Librarian.
(2)
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 of the Institute:
Provided
that five professors and the members representing the departments, institutes
and the constituent colleges, the Senate may, as an alternative to elections,
prescribe a procedure for proposal of a panel of names by the Representation
Committee set up in terms of section 23. Appointment of persons proposed by the
Representation Committee may be made by the Senate on the recommendation of the
Vice-Chancellor.
(3)
Members of the Academic Council, other than the ex-officio members, shall hold
office for three years.
(4) The
Academic Council shall meet at least once in each quarter of the year.
(5) The
quorum for meetings of the Academic Council shall be one-third of the total
number of members, a fraction being counted as one.
22.
Powers and functions of the Academic Council.—(l) The Academic
Council shall be the principal academic body of the Institute and shall,
subject to the provisions of this Act and 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 statutes, the Academic Council shall have the power
to,---
(a) approve the policies
and procedures pertaining to the quality of academic programs;
(b) approve academic
programs;
(c) approve the policies
and procedures pertaining to student-related functions including admissions,
expulsions, punishments, examinations and certification;
(d) approve the policies
and procedures assuring quality of 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 programs 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) make regulations for
submission to the Senate;
(k) prepare an annual
report on the academic performance of the Institute; and
(1)
perform such functions as may be prescribed by regulations.
23.
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 16.
(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 9 and 21.
(3)
Members of the Representation Committee for appointments to the Senate shall
consist of the following, namely:---
(a) three members of the
Senate who are not Institute teachers;
(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, namely:---
(a) two members of the
Senate 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 for conducting business of the Representation Committees shall be as
may be prescribed.
(7) 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.
24.
Appointment of committees by certain Authorities.---(1) The Senate, the
Syndicate, the Academic Council and other Authorities may, from time to time,
appoint such standing, special or advisory committees, as they may deem fit,
and may place on such committees persons who are not members of the Authorities
appointing the committees.
(2) The
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
25.
Statutes.(1) Subject to the
provisions of this Act, statutes may be made to regulate or prescribe all or
any of the following matters, namely:---
(a) the contents of and
the manner in which the annual report, to be presented by the 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) admission of
educational institutions to the privileges of the Institute and the withdrawal
of such privileges;
(g) the establishment of
Faculties, departments, institutes, colleges and other academic divisions;
(h) the powers and duties
of officers and teachers;
(i) conditions under which
the institute may enter into arrangements with other institutions or with
public bodies for purposes of research and advisory services;
(j) conditions for
appointment of Emeritus Professors and award of honorary degrees;
(k) efficiency and
discipline of institute employees;
(l) the constitution and
procedure to be followed by Representation Committees in carrying out functions
in terms of this Act;
(m) the constitution and
procedure to be followed by the Search Committee for appointment of the
Vice-Chancellor;
(n) constitution, functions
and powers of the Authorities; 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 (k) 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 statutes with respect to any matter in its
power or with respect to which statutes may be made in terms of this Act and
approve such statutes after seeking the views of the Syndicate.
26.
Regulations. (1) Subject to the
provisions of this Act and statutes, the Academic Council may `make regulations
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) he 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 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.
27.
Rules. (1) Subject to the
provision of sub-section (2), the Authorities and the other bodies of the
Institute may make rules, consistent with this Act, to regulate any matter
relating to the affairs of the Institute 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.
(3)
Notwithstanding the provisions of sub-rule (1), the rules made by the Institute
before the commencement of this Act shall, insofar as they are not inconsistent
with the provisions of this Act, continue in force until they are repealed or
amended under this Act.
CHAPTER-VI
INSTITUTE FUND
28. Fund of the Institute.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.
29.
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 departments, colleges 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
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 the
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 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
30.
32.
Service of the Institute. (l) An officer,
teacher or other employee of the Institute shall retire from service on the
attainment of such are or tenure of service as may be prescribed.
(2) 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.
(3) As
regards the terms and, conditions of employment of persons in the service of
Pakistan in general or in comparable employment notwithstanding the service of
persons employed by the Institute shall be entirely governed by terms and
conditions prescribed by the relevant statutes.
33.
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 Funds Act, 1925 (XIX of 1925),
shall apply to such funds as if it were the Government Provident Fund.
34.
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 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.
35. 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.
36. Flaws in the
constitution of Authorities. Where there is a flaw
in the constitution of an Authority, as constituted by this Act, statutes or
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.
37.Proceedings
of Authorities not invalidated by the vacancies. No act, resolution or
decision of any Authority shall be invalid by reason of any vacancy of the
Authority doing, passing or making it or by reason of any want of qualification
or invalidity in the erection, appointment or nomination of any de facto member
of the Authority, whether present or absent.
38. First
statutes and regulations. Notwithstanding
anything to the contrary contained in this Act, the Chancellor shall make the first
statutes and regulations which shall be deemed to be statutes and regulations
made under sections 25 and 26 and shall continue to remain in force until
amended or till such time as new statutes and regulations are made in
accordance with the provisions of this Act.
39.
Transitory provisions. (1) Notwithstanding
anything contained in this Act, 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
appointment of the members of the Syndicate and the Academic Council in
accordance with the provisions of this Act.
(2)
Notwithstanding anything contained in this Act and subject to the provisions of
sub-section (1) of section (3), the first Vice-Chancellor shall be appointed by
the Chancellor for a period of three years.
40.
Transfer of assets and liabilities, etc. Upon the commencement
of this Act,---
(a)
everything done, action taken, obligations and liabilities incurred, persons
appointed or authorized, fellowships or scholarships instituted and orders
issued by the Institute prior to commencement of this Act shall be continued
and, so far as may be, deemed to have been respectively done, taken, incurred,
appointed or authorized, instituted or issued by the Institute; and
(b) all
the money and properties held by the Institute immediately before such
commencement shall stand transferred to, and vest in, the reconstituted
Institute.
41.
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 t6 him immediately before such
appointment and he shall be entitled to all benefits of his post of service.
42. Act to override other
instruments, etc.The provisions of this Act shall have effect
notwithstanding anything contained in any instrument, resolution or certificate
of incorporation of the Institute.
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 anything which is done
in good faith under this Act.
44. Removal of difficulties. (1) If any question arises as to the interpretation
of any of the provisions of the 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 the Act, the Chancellor may make such order
after obtaining the views of the Senate, not inconsistent with the provisions
of the Act, as may appear to him to be necessary for removing the difficulty.
(3) Where the 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.
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
Directory | Home