Updated: Wednesday October 12, 2016/AlArbia'a
Muharram 11, 1438/Budhavara
Asvina 20, 1938, at 04:58:49 AM
The
ACT No. VII OF 2012
[6th March, 2012]
An Act to provide for the establishment of
WHEREAS it is expedient to provide for
the establishment of
It is hereby enacted as follows:---
CHAPTER 1
PRELIMINARY
1. Short title, and commencement.___(1) This Act may be called the
(2) It shall come into force at once.
2. Definitions. In this Act, unless there is anything repugnant in the
subject or context,---
(a) “Academic
Council” means the Academic Council of the University;
(b) “Authority”
means any of the Authorities of the University specified or set up in terms of
section 15;
(c) “Chancellor”
means the Chancellor of the University;
(d) “College”
means a constituent college;
(e) “Commission”
means the Higher Education Commission set up by the Higher Education Commission
Ordinance, 2002 (LIII of 2002);
(f) “constituent
college” means an educational institution by whatever name described, maintained
and administered by the University;
(g) “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;
(h) ”department”
means a teaching department maintained and administered, or recognized by the
University in the manner as may be prescribed;
(i) “Director”
means the head of an institute established as a constituent institution by the
University by statutes or regulations in terms of the powers delegated by this
Act;
(j) “Faculty”
means an administrative and academic unit of the University consisting of one
or more departments, as may be prescribed;
(k) “Government”
means the Federal Government;
(l) ”prescribed”
means prescribed by statutes, regulations or rules made under this Act;
(m) “Principal”
means the head of a college;
(n) ”Representation
Committees” means the Representation Committees constituted under section 23;
(o) ”Review
Panel means the Review Panel set up by the Chancellor in accordance with the
provisions of section 8;
(p) “Search
Committee” means the Search Committee set up by the Senate under section 11 ;
(q) ”Senate”
means the Senate of the University;
(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 University;
(t) “University
teachers” include Professors, Associate Professors, Assistant Professors,
Lecturers, Demonstrators and Instructors engaged whole-time by the University
or by a constituent college and such other persons as may be declared to be
teachers by regulations;
(u) ”University”
means
(v) ”Vice-Chancellor”
means the Vice-Chancellor of the University.
THE UNIVERSITY
3.
Incorporation.____ (1) There shall be established at
(2) The
University shall consist of the following, namely:---
(a) the Chancellor,
the members of the Senate and the Vice-Chancellor;
(b) the members of the
Authorities established under section 15;
(c) all University
teachers, researchers and persons recognized as students of the University in
accordance with terms prescribed from to time; and
(d) all other full-time
officers and members of the staff of the University.
(3) The
University shall be a body corporate by the name of Shifa Tameer-e-Millat
University having perpetual succession and a common seal, and may sue and be
sued by the said name.
(4) The
University 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.
(5)
Notwithstanding anything contained in any other law for the time being in
force, the University shall have academic, financial and administrative
autonomy, including the power to employ officers, teachers and other employees
on such terms as may be prescribed, subject to the provisions of this Act. In
particular, and without prejudice to the authority granted to the Commission by
the law, the Government or an authority or auditor appointed by the Government
shall have no power to question the policy underlying the allocation of
resources approved by the Senate in the annual budget of the University.
4.
Powers and purposes of the University. The University shall
have the following powers, namely:---
(i) to provide for
education and scholarship in such branches of knowledge as it may deem fit, and
to make provision for research, service to society and for the application,
advancement and dissemination of knowledge in such manner as it may determine;
(ii) to prescribe
courses of studies to be conducted by it and the colleges;
(iii) to hold examinations
and to award and confer degrees, diplomas, certificates and other academic
distinctions to and on persons who have been admitted to and have passed its
examinations under prescribed conditions;-
(iv) to prescribe the terms
and conditions of employment of the officers, teachers and other employees of
the University and to lay down terms and conditions that may be different from
those applicable to government servants in general;
(v) to engage, where
necessary, persons on contracts of specified duration and to specify the terms
of each engagement;
(vi) to confer
honorary degrees or other distinctions on approved persons in the manner as may
be prescribed;
(vii) to provide for
such instruction for persons not being students of the University as it may
prescribe; and to grant certificates and diplomas to such persons;
(viii) to institute
programmes for the exchange of students and teachers between the University and
other universities, educational institutions and research organisations;
(ix) to provide career
counselling and job search services to students and alumni;
(x) to maintain
linkages with alumni;
(xi) to develop and
implement fund-raising plans;
(xii) to provide and support
the academic development of the faculty of the University;
(xiii) to confer degrees
on persons who have carried on independent research under prescribed
conditions;
(xiv) to accept the
examinations passed and the period of study spent by students of the University
at other universities and places of learning equivalent to such examinations
and periods of study in the University, as it may prescribe, and to withdraw
such acceptance;
(xv) to co-operate
with other universities public authorities or private organisations in such
manner and for such purposes as it may prescribe;
(xvi) to institute
Professorships, Associate Professorships, Assistant 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 recognize selected
members of the teaching staff of educational institutions admitted to the
privileges of the University or such other persons as it may deem fit, as
University Teachers;
(xix) 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, constituent colleges, faculties, institutes, academies,
museums and other centres of learning for the development of teaching and
research and to make such arrangements for their maintenance, management and
administration as it may prescribe;
(xxi) to provide for the
residence of the students of the University 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 University;
(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 objectives 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 University
and to invest any fund representing such property, grants, bequests, trusts,
gifts, donations, endowments or contributions in such manner as it may deem
fit;
(xxviii) to provide for
the printing and publication of research and other works; and
(xxix) to do all such
other acts and things, whether incidental to the powers aforesaid or not, as
may be requisite or expedient in order to further the objectives of the
University as a place of education, learning, and research.
5.
University open to all classes, creeds, etc. (1) The University
shall be open to all persons of either gender and of whatever religion, race,
creed, class, colour or domicile and no person shall be denied the privileges
of the University on the grounds of religion, race, caste, creed, class, colour
or domicile.
(2) An
increase in any fee or charge that is in excess of ten% annum on an annualised
basis from the last such increase may not be made except in special circumstances,
and only with the approval of the Chancellor.
(3) The
University 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 University and the various
opportunities provided by it to be based on merit rather than ability to pay.
6. Teaching at the
University.(1) All recognized
teaching in various courses shall be conducted by the University or the
colleges in the prescribed manner and may include lectures, tutorials,
discussions, seminars, demonstrations, distance learning and other methods of
instruction as well as practical work in the laboratories, hospitals,
workshops, fields and other governmental or private organizations.
(2) The
authority responsible for organizing recognized teaching shall be such as may
be prescribed.
CHAPTER III
OFFICERS OF THE UNIVERSITY
7.
Principal Officers. The following shall be
the principal officers of the University, namely:---
(a) the Chancellor;
(b) the Vice-chancellor;
(c) the Deans;
(d) the Principals of
the Constituent colleges or institutes;
(e) the Chairpersons
of the teaching departments;
(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 University.
8.
Chancellor. (1) There shall be the
Chancellor of the University who shall, as soon as may be, after the
commencement of this Act, be elected by the Chancellor Election Council from
amongst its members by two-third majority, in which fraction will be counted as
one. The following shall be the composition of the Chancellor Election Council
namely:---
(a) all members of the
Board of Governors of Shifa Foundation;
(b) all members of the
Board of Governors of Tameer-e-Millat Foundation;
(c) one
representative from the Board of Directors of Shifa International Hospital
nominated by the Board; and
(d) one representative of
the Board of Trustees of the Endowment Fund of the university nominated by the
same board.
(2) The
term of office of the Chancellor shall be for a period of seven years.
(3) The
Chancellor shall, when present, preside at the meetings of the Senate and the
Convocation of the University. In the absence of the Chancellor the Vice-Chancellor
shall preside over the meetings of the Senate and the Convocation of the
University and in the absence of both, the Chancellor may nominate any member
of the Senate, not being employee of the University or the Government, to
preside over the meetings of the Senate and the Convocation of the University.
(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
this Act and the statutes, as the case may be, along with those elected.
(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 University has occurred, he may:---
(a) as regards proceedings
of the Senate, direct that specified proceedings be reconsidered and
appropriate action taken within one month of the direction having been issued:
Provided that if the
Chancellor is satisfied that either no reconsideration has been carried out or
that the reconsideration has failed to address the concern expressed, he may,
after calling upon the Senate to show cause in writing, appoint a five member
Review Panel to examine and report to the Chancellor on the functioning of the
Senate. The report of the Review Panel shall 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 17.
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-fourths
of the membership of the Senate:---
Provided
that before passing such resolution the Senate shall provide the member
concerned a fair hearing:---
Provided
further that the provisions of this section shall not be applicable to the
Vice-Chancellor in his capacity as a member of the Senate.
10.
Vice-Chancellor. (l) There shall be a
Vice-Chancellor of the University 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 University
responsible for all administrative and academic functions of the University 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 University. The Vice-Chancellor shall have all powers prescribed
for this purpose, including administrative control over the officers, teachers
and other employees of the University.
(3) The
Vice-Chancellor shall, if present, be entitled to attend any meeting of any
Authority or body of the University.
(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 University to take up such
assignments in connection with examination, administration and such other
activities in the University as he may consider necessary for the purposes of
the University;
(b) to sanction by
re-appropriation an amount not exceeding an amount prescribed by the Senate for
an unforeseen item not provided for in the budget and report it to the Senate
at the next meeting;
(c) to make appointments
of such categories of employees of the University and in such manner as may he
prescribed by the statutes;
(d) to suspend, punish and
remove, in accordance with prescribed procedure, from service officers,
teachers and other employees of the University except those appointed by or
with the approval of the Senate;
(e) to delegate,
subject to such conditions as may be prescribed, any of his powers under this
Act to an officer or officers of the University; and
(f) to exercise and
perform such other powers and functions as may be prescribed.
(6) The
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 University teachers and
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 the statutes and shall consist of two eminent members of
society nominated by the Chancellor, of whom one shall be appointed the
Convenor, two members of the Senate, two distinguished University Teachers who
are not members of the Senate and one academic of eminence not employed by the
University. The two distinguished University Teachers shall be selected by the
Senate through a process, to be prescribed by Senate that provides for the
recommendation of suitable names by the University 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 shall be renewed by the Chancellor on receipt of a resolution
of the Senate in support of such renewal:---
Provided
that the Chancellor may call upon the Senate to reconsider such resolution
once.
(5) The
Senate may, pursuant to a resolution in this behalf passed by three-fourths of
its membership, recommend to the Chancellor the removal of the Vice-Chancellor
on the ground of inefficiency, moral turpitude, physical or mental incapacity
or gross misconduct, including misuse of position for personal advantage of any
kind:---
Provided
that the Chancellor 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
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 but
he shall not be called upon to cast his vote.
(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
once for reconsideration.
(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 University 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 University and shall,---
(a) be the administrative
head of the secretariat of the University and be responsible for the provision
of secretariat support to the Authorities of the University;
(b) be the custodian of
the common seal of the University;
(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 a renewable period of three years:---
Provided
that the Senate may, on the advice of the Vice-Chancellor, terminate the
appointment of the Registrar on grounds of inefficiency or misconduct in
accordance with prescribed procedure.
13.
Treasurer. (1) There shall be a
Treasurer of the University 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, 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 University and shall,---
(a) manage the assets,
liabilities, receipts, expenditures, funds and investments of the University;
(b) prepare the annual and
revised budget estimates of the University and present them to the Syndicate or
a committee thereof for approval and incorporation in the budget to be
presented to the Senate;
(c) ensure that the funds
of the University are expended for the purposes for which they are provided;
(d) get the accounts of
the University audited annually so as to be available for submission to the
Senate within six months of the close of the financial year; and
(e) perform such other
duties as may be prescribed.
(4) The
term of office of the 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 be prescribed.
(3) The
Controller of Examinations shall be a full-time officer of the University and
shall be responsible for all matters connected with the conduct of
examinations, shall be the custodian of the academic records, and perform such
other duties as may be prescribed.
(4) The
Controller of Examinations shall be appointed for a renewable term of three
years:---
Provided
that the Senate may, on the advice of the Vice-Chancellor, terminate the
appointment of the Controller of Examinations on grounds of inefficiency or
misconduct in accordance with prescribed procedure
CHAPTER IV
AUTHORITIES OF THE
UNIVERSITY
15.
Authorities. (1) The following
shall be the Authorities of the University, namely:---
(a) Authorities
established by this Act,---
(i) the Senate;
(ii) the Syndicate; and
(iii) the Academic Council.
(b) Authorities to be
established by the statutes,-
(i) Graduate Studies and
Research Management Council;
(ii) Recruitment,
Development, Evaluation and Promotion Committees for teachers and other staff
whether at the level of the department, college, institute, Faculty or the
University;
(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 may be appropriate. Such committees or
sub-committees shall be Authorities of the University for the purposes of this
Act.
16.
Senate. (1) The body
responsible for the governance of the University shall be described as the
Senate, and shall consist of the following, namely:---
(a) the Chancellor who
shall be the Chairperson of the Senate;
(b) the Vice-Chancellor;
(c) one member of the
Government not below the rank of Additional Secretary from the Ministry of
Education or any other department relevant to the special focus of the
University;
(d) four persons from
society at large being persons of distinction in the fields of administration,
management, education, academics, law, accountancy, medicine, fine arts,
architecture, agriculture, science, technology and engineering such that the
appointment of these persons reflects a balance across the various fields, the
special focus or affiliation of the University, to be declared in the manner
prescribed, may be reflected in the number of persons of distinction in an area
of expertise relevant, to the University who are appointed to the Senate;
(e) one person from amongst
the alumni of the University;
(f) two persons from the
academic community of the country, other than an employee of the University, at
the level of professor or principal of a college;
(g) four University
Teachers; and
(h) one person nominated
by the Commission.
(2) The
numbers of the members of the Senate described in clauses (e) to (h) of
subsection (1) may be increased by the Senate through statutes subject to
condition that the total membership of the Senate does not exceed twenty one,
with a maximum of five University Teachers, and the increase is balanced, to
the extent possible, across the different categories specified in subsection
(1).
(3) All
appointments to the Senate shall be made by the Chancellor. Appointments of
persons described in clauses (e) and (f) of sub-section (1) shall be made from
amongst a panel of three names for each vacancy recommended by the Representation
Committee set up in terms of section 23 and in accordance with procedure as may
be prescribed:---
Provided
that effort shall be made, without compromising on quality or qualification, to
give fair representation to women on the Senate:---
Provided
further that as regards the University Teachers described in clause (g) 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
University Teachers. Provided also that the Senate may alternatively prescribe
that appointment of University Teachers to the Senate shall also be in the
manner provided by this subsection for the persons described in clauses (e) and
(f) of subsection (1).
(4)
Members of the Senate, other than ex-officio members, shall hold office for a
period of three years. One-third of the members, other than ex-officio members,
of the first Senate, to be determined by lot, shall retire from office on the
expiration of one year from the date of appointment by the Chancellor. One-half
of the remaining members, other than ex-officio members, of the first Senate,
to be determined by lot, shall retire from office on the expiration of two
years from the date of appointment and the remaining one-half, other than
ex-officio members, shall retire from office on the expiration of the third
year:---
Provided
that no person, other than an ex-officio member, may serve on the Senate for more
than two consecutive terms:---
Provided
further that the University Teachers appointed to the Senate may not serve for
two consecutive terms.
(5) The
Senate shall meet at least twice in a calendar year.
(6) Service
on the Senate shall be on honorary basis:
Provided
that actual expenses may be reimbursed as prescribed.
(7) The
Registrar shall be the Secretary of the Senate.
(8)
Unless otherwise prescribed under 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.
17.
Powers and functions of the Senate.(1) The Senate shall
have the power of general supervision over the University and shall hold the
Vice- Chancellor and the Authorities accountable for all the functions of the
University. The Senate shall have all powers of the University 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 University, including the approval of the sale and purchase or
acquisition of immovable property;
(c) to oversee the quality
and relevance of the University's academic programmes and to review the
academic affairs of the University in general;
(d) to approve the
appointment of the Deans, Professors, Associate Professors and such other
senior faculty and senior administrators as may be prescribed;
(e) to institute schemes,
directions and guidelines for the terms and conditions of appointment of all
officers, teachers and other employees of the University;
(f) to approve strategic
plans;
(g) to approve financial
resource development plans of the University;
(h) to consider the drafts
of statutes and regulations proposed by the Syndicate and the Academic Council
and deal with them in the manner as provided for in sections 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;
(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;
(ii) has become incapacitated to function as member of
such Authority; or
(iii) has been convicted by a court of law for an offence
involving moral turpitude; and
(o) to determine the form,
provide for the custody and regulate the use of the common seal of the
University.
(3) The
Senate may, subject to the provisions of this Act delegate all or any of the
powers and functions of any Authority, officer or employee of the University at
its main campus, to any Authority, committee, officer or employee at its
additional campus for the purpose of exercising such powers and performing such
functions in relation to such additional campus, and for this purpose the
Senate may create 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 University.
19.
Syndicate.(1) There shall be a Syndicate of the University
consisting of the following namely:---
(a) the Vice-Chancellor
who shall be its Chairperson;
(b) the Deans of the
Faculties of the University;
(c) three professors from
different departments, who are not members of the Senate, to be elected by the
University Teachers in accordance with procedure to be prescribed by the
Senate;
(d) Principals of the
constituent colleges;
(e) the Registrar;
(f) the Treasurer; and
(g) the Controller of
Examinations.
(2)
Members of the Syndicate, other than ex-officio members, shall hold office for
a period of three years.
(3) As
regards the three professors described in clause (c) 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
23. 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.
20.
Powers and duties of the Syndicate.(1) The Syndicate shall
be the executive body of the University and shall, subject to the provisions of
this Act and the statutes, exercise general supervision over the affairs and
management of the University.
(2)
Without prejudice to the generality of the foregoing powers, and subject to the
provisions of this Act, the statutes and directions of the Senate, the
Syndicate shall have the following powers namely:---
(a) to consider 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 University;
(c) to enter into, vary,
carry out and cancel contracts on behalf of the University;
(d) to cause proper books
of account to be kept for all sums of money received and expended by the
University and for the assets and liabilities of the University;
(e) to invest any money
belonging to the University including any unapplied income in any of the securities
described in section 20 of the Trusts Act, 1882 (Act II of 1882), or in the
purchase of immovable property or in such other manner, as it may prescribe,
with the like power of varying such investments;
(f) to receive and manage
any property transferred, grants, bequests, trust, gifts, donations,
endowments, and other contributions made to the University;
(g) to administer any
funds placed at the disposal of the University for specified purposes;
(h) to provide the
buildings, libraries, premises, furniture, apparatus, equipment and other means
required for carrying out the work of the University;
(i) to establish and
maintain halls of residence and hostels or approve or license hostels or
lodgings for the residence of students;
(j) to recommend to the Senate
admission of educational institutions to the privileges of the University 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 University;
(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 University:
(s) to take actions
necessary for the good administration of the University 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 the statutes.
21.
Academic Council.(1) There shall be an
Academic Council of the University 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 constituent 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) The
Senate shall appoint the members of the Academic Council, other than the
ex-officio members and the elected members, on the recommendation of the
Vice-Chancellor:---
Provided
that as regards the five professors and the members representing the
departments, institutes and the constituent colleges, the Senate may, as an
alternative to elections, prescribe a procedure for proposal of a panel of
names by the Representation Committee set up in terms of section 23.
Appointment of persons proposed by the Representation Committee may be made by
the Senate on the recommendation of the Vice-Chancellor.
(3)
Members of the Academic Council, other than ex-oficio members, shall hold
office for a period of 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-half of the total
number of members, a fraction being counted as one.
22.
Powers and functions of the Academic Council.(1) The Academic
Council shall be the principal academic body of the University and shall,
subject to the provisions of this Act and the statutes, have the power to lay
down proper standards of instruction, research and examinations and to regulate
and promote the academic life of the University and the colleges.
(2)
Without prejudice to the generality of the 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 University after receiving panels of
names from the relevant authorities;
(g) institute programmes
for the continued professional development of University Teachers at all
levels;
(h) recognize the
examinations of other universities or examining bodies as equivalent to the
corresponding examinations of the University;
(i) regulate the award of
studentships, scholarships, exhibitions, medals and prizes;
(j) propose regulations
for submission to the Senate;
(k) prepare an annual
report on the academic performance of the University; and
(l) 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 proposing persons for appointment to the Syndicate and the
Academic Council in accordance with the provisions of sections 19 and 21,
respectively.
(3)
Members of the Representation Committee for appointments to the Senate shall
consist of the following namely:---
(a) three members of the
Senate who are
(b) two persons nominated
by the University Teachers from amongst themselves in the manner as may be
prescribed;
(c) one person from the
academic community, not employed by the University, at the level of professor
or college principal to be nominated by the University Teachers in the manner
as may be 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
(b) three persons
nominated by the University Teachers from amongst themselves in the manner as
may be prescribed.
(5) The
tenure of the Representation Committees shall be three years:---
Provided
that no member shall serve for more than two consecutive terms.
(6) The
procedures of the Representation Committees shall be as may be prescribed.
(7)
There may also be such other Representation Committees set up by any of the
other Authorities of the University as are considered appropriate for
recommending persons for appointment to the various Authorities and other
bodies of the University.
24.
Appointment of committees by certain Authorities.(1) The Senate, the
Syndicate, the Academic Council and other Authorities may, from time to time,
appoint such standing, special or advisory committees, as they may deem fit,
and may place on such 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
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 University fees
and other charges;
(c) the constitution of
any pension, insurance, gratuity, provident fund and benevolent fund for
University employees;
(d) the scales of pay and
other terms and conditions of service of officers, teachers and other
University employees;
(e) the maintenance of the
register of registered graduates;
(f) admission of
educational institutions to the privileges of the University 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 University 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 University 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 of the University; and
(o) all other matters which
by this Act are to be or may be prescribed or regulated by statutes.
(2) The
draft of statutes shall be proposed by the Syndicate to the Senate which 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
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 made in terms of this Act
and approve such statute after seeking the views of the Syndicate.
26.
Regulations.(1) Subject to the
provisions of this Act and the statutes, the Academic Council may make
regulations for all or any of the following matters, namely:---
(a) the courses of study
for degrees, diplomas and certificates of the University;
(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 University;
(d) the conditions under
which students shall be admitted to the courses and the examinations of the University
and shall become eligible for the award of degrees, diplomas and certificates;
(e) the conduct of
examinations;
(f) 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
assigned under the provisions of this Act or may be prescribed by statutes or
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
sub-section (2), the Authorities and the other bodies of the University may
make rules consistent with this Act, statutes or the regulations, to regulate
any matter relating to the affairs of the University which has not been
provided for by this Act or that is not required to be regulated by statutes or
regulations, including rules to regulate the conduct of business and the time
and place of meetings and related matters.
(2)
Rules shall be made with the approval of the Syndicate.
CHAPTER VI
UNIVERSITY FUND
29.
Audits and accounts.(1) The Accounts of the
University shall be maintained in such form and in such manner as may be
prescribed.
(2) The
teaching departments, constituent colleges or institutes and all other bodies
designated as such by the Syndicate in terms of statutes shall be independent
cost centres of the University with authority vested in the head of each cost
centre to sanction expenditure out of the budget allocated to it:---
Provided
that re-appropriation from one head of expenditure to another may be made by
the head of a cost centre in accordance with and to the extent prescribed by
the statutes.
(3) All
funds generated by a teaching department, constituent college, institute or
other unit of the University through consultancy, research or other provision
of service shall be made available without prejudice to the budgetary allocation
otherwise made, after deduction of overheads in the manner and to the extent
prescribed by statute, to the teaching department, constituent college,
institute or other unit for its development. A part of the funds so generated
may be shared with the University Teachers or researchers in charge of the
consultancy, research or service concerned in the manner and to the extent
prescribed by statute.
(4) No
expenditure shall be made from the funds of the University, unless a bill for
its payments has been issued by the head of the cost centre concerned in
accordance with the relevant statutes and the 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 funds to the head of the cost centre.
(5)
Provision shall be made for an internal audit of the finances of the
University.
(6)
Without prejudice to the requirement of audit by an auditor appointed by
Government in accordance with the provisions of any other law in force, the
annual audited statement of accounts of the University shall be prepared in
conformity with the Generally Accepted Accounting Principles (GAAP) by a
reputed firm of chartered accountants and signed by the Treasurer.
CHAPTER VII
GENERAL PROVISIONS
30.
31.
Appeal to the Syndicate and the Senate. Where an order is
passed punishing any officer other than the Vice-Chancellor or University
teacher or altering or interpreting to his disadvantage the prescribed terms or
conditions of his service, he shall, where the order is passed by any officer
or teacher of the University other than the 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.
32.
Service of the University.(1) All persons
employed by the University in accordance with the terms and conditions of
service prescribed by statutes shall be persons in the service of the
University.
(2) An
officer, teacher or other employee of the University shall retire from service
on the attainment of such age or tenure of service as may be prescribed.
33.
Benefits and insurance.(1) The University
shall constitute for the benefit of its officers, teachers and other employees
schemes, as may be prescribed, for the provision of post-employment benefits at
well as health and life insurance while in service.
(2)
Where any provident fund has been constituted under this Act, its governing
rules are to be approved by the Senate.
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, as fixed under this Act, shall commence from such date as may be
prescribed.
(2)
Where a member who has accepted any other assignment without approval of the
concerned official or for any other similar reason remains absent from the
University for a period of not less than six months he shall be deemed to have
resigned and vacated his seat.
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. In case of any 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 or because an organization,
institution or other body outside the University has been dissolved or has
ceased to function, or for any other similar reason, such flaw shall be removed
in such manner as the Senate may direct.
37.
Proceedings of Authorities not to be 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 defacto member of the Authority, whether
present or absent.
38.
First statutes and regulations. Notwithstanding
anything to the contrary contained in this Act, the Senate shall make the first
statutes and regulations which shall be deemed to have been made under sections
25 and 26 of this Act.
39.
Transitory provision.(1) Notwithstanding the
provisions of this Act, as regards the University set up on the commencement of
this Act, the members of the first Senate, except the University Teachers,
shall be appointed by the Chancellor in accordance with the numbers and
criteria for membership provided under this Act. The first Senate so
constituted shall initiate, as soon as possible, the process for the
recruitment of University Teachers and appointment of the members of the Syndicate
and the Academic Council in accordance with the requirements of this Act.
(2)
Notwithstanding the provisions of this Act, the first Vice-Chancellor shall be
appointed by the Chancellor for a period of three years.
40.
Management of existing constituent colleges.(1) On the commencement
of this Act, the existing Shifa College of Medicine and Shifa College of
Nursing shall be deemed to be part of the University and terms and conditions
of their employees shall not be less favourable than those admissible to them
prior to establishment of the University.
(2)
Without prejudice to the foregoing, 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 and orders issued under any instrument shall, if not
inconsistent with the provisions of this Act, be deemed to have been
respectively done, taken, incurred, acquired, appointed, authorized, conferred,
created, made, instituted, granted and issued under this Act.
41. 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 who
decides the same keeping in view the provisions of the Act, whose decision
thereon shall be final.
(2) If any difficulty arises in giving
effect to any of the provisions of this Act, the Chancellor may make such order
after obtaining the views of the Senate, not inconsistent with the provisions
of this Act, as may appear to him to be necessary for removing the difficulty.
(3) Where this Act makes any provision
for anything to be done but no provision or no sufficient provision has been
made as respects the authority by whom, or the time at which, or the manner in
which, it shall be done, then it shall be done by such authority, at such time,
or in such manner as the Chancellor may direct after obtaining the views of the
Senate.
42. Indemnity. No suit or legal proceedings shall lie against the
Government, the University of any Authority, officer or employee of the Government
or the University or any person in respect of anything which is done in good
faith under this Act.
Go to Index
| LL. B. – I | LL. B. – II |
LL. B. – III | LL. B.
Directory | Home