Gandhara University Ordinance, 2002
Download FeedBack| Department: | Higher Education, Archives and Libraries Department | ||
|---|---|---|---|
| Main Category: | Ordinance | ||
| Specific Category Name: | Establishment of a University at Peshawar in the name of Gandhara University, in the Private Sector. | ||
| Year | 2002 | ||
| Promulgation Date: | 23-11-2002 | ||
| Details: | THE
GANDIIARA UNIVERSITY ORDINANCE, 2002. [1][KHYBER PAKHTUNKHWA] ORDINANCE NO.
LIV OF 2002. CONTENTS PREAMBLE SECTIONS 1. Short
title and commencement. 2. Definitions. 3. Establishment and incorporation of
the University. 4. Powers and functions of the University. 5. University
open to all. 6. Patron. 7. Officers
of the University. 8. The
Chancellor. 9. Visitation. 10. Vice
Chancellor. 11. Duties
and powers of the Vice Chancellor. 12. Appointment
of certain officers of the University. 13. Registrar. 14. Director
Finance. 15. Director
Planning and Development. 16. Controller
of Examination. 17. The
Resident Auditor. 18. Authorities. 19. Board
of Trustees. 20. The
Board of Governors. 21. Meetings
of the Board of Governors. 22. Powers
and duties of the Board of Governors. 23. Academic Council. 24. Powers
and duties of the Academic Council. STATUTES, REGULATIONS
AND RULES 25. Statutes. 26.
Regulations. 27. Rules. 28. Amendment
and repeal of statutes and regulations. 29. Affiliation
of educational institutions to the University. THE
UNIVERSEITY FUND 30. The
University fund, audit and accounts. GENERAL
PROVISION 31. Retirement
from services. 32. Employment
after retirement. 33. Conduct. 34. Disciplinary
action. 35. Pension, insurance,
gratuity, provident fund and benevolent fund 36. Commencement of term
of office of members of Authorities. 37. Filling
of casual vacancies in authorities. 38. Disputes about
membership of authority. 39. Constitution,
functions and powers of other authorities. 40. Appointment
of Committee by the Authority. 41. First
Statute. 42. Removal
of difficulties. 43. Proceedings
of authorities not invalidated by vacancies. 44. Indemnity. THE FIRST
STATUTES THE
GANDIIARA UNIVERSITY ORDINANCE, 2002. [2][KHYBER PAKHTUNKHWA] ORDINANCE NO.
LIV OF 2002. [23rd
November, 2002] AN ORDINANCE to
provide far the establishment of a University at Peshawar in
the name of Gandhara University. WHEREAS it is expedient to provide for the establishment of a University
at Peshawar in the name of Gandahra University, in the private sector, and for
matters ancillary thereto; AND WHEREAS the Governor of the [3][Khyber
Pakhtunkhwa] is satisfied that circumstances exist
which render it necessary to take immediate action; NOW, THEREFORE, in pursuance of the Proclamation of Emergency of
the fourteenth day of October, 1999, as amended uptodate, and the Provisional
Constitution Order No. 1 of 1999, read with Article 4 of the Provisional
Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers
enabling him in that behalf, the Governor of the [4][Khyber
Pakhtunkhwa] is pleased to make and promulgate the
following Ordinance: 1. Short
title and commencement.— (1) This Ordinance may be
called the Gandhara University Ordinance, 2002. (2) It shall come into
force at once. 2. Definitions.— In
this Ordinance, unless the context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned to them, that
is to say- (a) "Board of
Governors" means the Board of Governors constituted under section 20; (b)
"Board of
Trustees" means the Board of Trustees of the Trust appointed under section
19; (c)
"Chancellor"
means the Chancellor of the University; (d)
"Dean"
means Dean of a Faculty or institution of the University; (e)
"HEC" means
the Higher Education Commission established under the Higher Education
Commission Ordinance, 2002; (f)
"prescribed"
means prescribed by rules or regulations made under this Ordinance; (g)
"section"
means a section of this Ordinance; (h) "Trust"
means the Begum Muhammad Naseer Trust created through a proper Trust Deed, duly
registered with the Sub Registrar, Peshawar, and entered in "Bahi"
No. 1, volume 1324, page 279 on the 27thNovember, 1979; (i) "University"
means the Gandhara University established under section 3; and (j) "Vice
Chancellor" means the Vice Chancellor of the University. 3. Establishment and incorporation of
the University.— (1) There shall be established a University at
Peshawar to be called the "Gandhara University", consisting of- (a)
the Chancellor, the
Vice Chancellor, the Deans and other members of Board of Governors; (b)
the members of such
councils, committees and other bodies as the Board of Governors may constitute
or the Board of Trustees may direct; (c)
the teachers and
students of the University and its constituent units; and (d)
such other officers
and members of the staff as may, from time to time, be specified by the Board
of Governors. (2) The University
shall be a body corporate by the name of Gandhara University, having perpetual
succession and a common seal, with power, among others, to acquire, hold and
dispose of any property or investment belonging to the University and shall by
the said name sue and be sued. 4. Powers and functions of the University.—
The University shall have the powers to:- (a) provide for
instruction in such branches of learning as it may deem fit and make provision
for the advancement and dissemination of knowledge in such manners as it may
determine; (b) admit and examine
students; (c) prescribe courses of studies and curricula for
the branches of learning in the University; (d)
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
examination under prescribed conditions; (e)
confer honorary
degrees or other distinctions on approved persons in the manner prescribed; (f) affiliate and
dis-affiliate education institutions under prescribed conditions; (g) establish
faculties, teaching departments, research institutes and other learning centers
in the ordained branches of learning and to provide support to other facilities
for education, professional training and research; (h) inspect colleges
and other educational institutions affiliated or seeking affiliation with it; (i) cooperate with
other Universities and public authorities in such manner and for such purpose
as it may determine; (j) create such
academic or administrative posts in connection with the affairs of the
University as it may deem necessary and to approve appointments to such posts
as it may specify, including the posts of directors and professors; (k) institute and
award fellowships, scholarships, exhibitions, bursaries, medals and prizes
under prescribed conditions; (1) control the
residence of the University, to institute and maintain residence, approve
hostels and lodgings; (m) supervise and
control the discipline of the students of the University and the colleges, to
promote the extra curricular and recreational activities of such students, and
to make arrangements for promoting their health and general welfare; (n) demand and receive
such fees and other charges as it may determine; (o) enter into, carry
out, vary of cancel contracts; (p) receive and manage
property transferred and grants, bequests, trusts, gifts, donations, endowments
and other contributions made to the University and invest and funds
representing such property, grants, bequests, trusts, gifts, donations,
endowments or contribution in such manner as it may deem fit. (q) provide for the
printing and publication of research and other works; (r) undertake such
research as it may determine in the ordained branches; (s) appoint members of
various bodies and committees as may be necessary for academic and
administrative activities and to appoint such officers and staff and prescribe
terms and conditions and powers and duties of such officers and staff; (t) establish academic
linkages and collaborative activities with other institutions for the
betterment of academic standard; and (u) do all acts and
things as may be required to further the aims and objects of the University. 5.
University open to all.— The University shall be open to persons of either sex, in
segregated institutions, of whatever religion, race, creed, colour or domicile
who are academically qualified for admission to the courses of study offered by
the University and no such person shall be denied the privilege on the ground
only of sex, religion, race, creed, class, colour or domicile. 6.
Patron.— The
Governor of the [5][Khyber
Pakhtunkhwa] shall be the Patron of the University. 7.
Officers of the University.— The following shall be the officers of the University: (a)
the Chancellor, (b)
the Vice Chancellor, (c)
the Deans; (d)
Heads of teaching
departments/principals of constituent colleges; (e)
the Registrar, (f)
the Director of
Finance; (g) the Controller of Examinations; (h) the Resident Auditor, (i) the Director Planning &
Development; (j) the Librarian; and (k) such other persons as may be prescribed
to be the officers of the University. 8. The
Chancellor.— (1) The Board of Trustees shall, in consultation with the
Patron, appoint the Chancellor of the University on such terms and conditions
as it may determine. (2)
The term of the
office of the Chancellor shall ordinarily be three years; provided that there
will be no bar to appoint a Chancellor for a second or subsequent term. (3)
The Chancellor shall,
when present, president at the convocation of the University and all the other
meeting. (4)
Every proposal to
confirm an honorary degree shall be subject to confirmation by the Chancellor. (5) The
Board of Trustees may, in consultation with the patron, remove the Chancellor,
if he, (a)
has become of unsound
mind; or (b)
has been
incapacitated to function as member of such authority; or (c)
has been convicted by
a court of law in Pakistan of an offence involving 9. Visitation.— (1)
The Chancellor may cause an inspection or inquiry to be made in respect of any
matter connected with the affairs of the University and shall direct any person
or persons to inquire into or carry out inspection of: (a)
the University, its
buildings, laboratories, libraries and other facilities; (b)
any institution,
department, school, college or hostel maintained by the University; (c)
the adequacy of
financial and' human resources; (d)
the teaching,
research, curriculum, examinations and other matters of the University; and (c) such other matter as may be specified by
him. (2)
The Chancellor shall
communicate to the Board of Governors his views with regard to the result of an
inspection or inquiry and shall, after ascertaining the views of the said
Board, advise on the action to be taken by it. (3)
The Board of
Governors shall, within such time as may be specified by the Chancellor,
communicate to him such action as has been taken or proposed to be taken as a
result of an inspection or inquiry. (4)
Where the Board of
Governors does not, within the time specified, take action tothe satisfaction
of the Chancellor, the Chancellor may issue such directions as he thinks fit
and the Board of Governors shall comply with all such directions. 10. Vice Chancellor.— (1)
The Vice Chancellor shall be appointed by the Chancellor for a period of three
years on such terms and conditions as the Chancellor may determine; provided
that on the expiry of the period of three years his term of appointment may be
extended by a period not exceeding three years. (2) 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 Chancellor shall make such arrangements for the performance of
the duties of the Vice Chancellor as he may deem fit. 11. Duties
and powers of the Vice Chancellor.— (1) The Vice Chancellor shall be the
principal executive and academic officer of the University and shall be
responsible for implementation of the provisions of this Ordinance, the
statutes, the regulations and the rules and execution of the policies and the
programmes of the University. (2)
The Vice Chancellor
shall, in the absence of the Chancellor, preside at any meeting of any other
authority or body of the University. (3)
The Vice Chancellor
may, in an emergency with in his opinion requires immediate action, take such
action as he may consider necessary and shall, as soon thereafter as possible,
report his action to the officer, authority or other body which in the ordinary
course would have dealt with the matter. (4)
In particular and
without prejudice to the generality of the foregoing powers, the Vice
Chancellor shall also have the powers: (a)
to create and fill
temporary posts for a period not exceeding six months; (b)
to sanction all
expenditures provided for the approved budget, and to re-appropriate funds within
the same major head of expenditure; (c)
to sanction by
re-appropriation an amount not exceeding fifty thousand rupees for an
unforeseen item not provided for in the budget and report it to the Board of
Governor as the next meeting; (d)
to appoint paper setter
and examiners for all examinations of the University after receiving panels of
names from the relevant authorities; (e)
to make such
arrangements for the scrutiny of papers, grades and results as he may consider
necessary; (f)
to direct teaches,
officers and other employees of the University to take up such assignments in
connection with teaching, research, examination, administration and such other
activities in the University as he may consider necessary in connection with
the affairs of the University; (g)
to appoint employees
of such categories in respect of which powers have been delegated to him by the
Board of Governors; (h) to delegate,
subject such conditions, if any, as may be prescribed, any of his powers under
this Ordinance, to an officer or other employee of the University; and (i) to exercise and
perform such other powers and functions as may be prescribed or assigned to him
by the Board of Governors. 12. Appointment
of certain officers of the University.— The following
officers of the University shall be appointed by the Vice Chancellor with the
prior approval of the Board of Trustees: (a)
the Registrar; (b)
the Director Finance; (c)
the Director Planning
and Development; (d)
the Controller of
Examinations; and (e)
the Resident Auditor. (2) The terms and
conditions of service of the officers appointed under subsection (1) shall be
such as may be determined by the Board of Trustees. 13. Registrar.—
(1) The Registrar shall be whole time officer of the University. (2) The registrar shall
be the custodian of the common seal and the academic records of the University
and shall perform such duties and responsibilities as may be prescribed. 14. Director
Finance.— The Director Finance shall be a whole time officer of the
University and shall- (a)
manage the property,
finances and investments of the University; (b)
prepare the annual
and revise budget estimates of the University and present them to the board of
Governors; (c)
ensure that the funds
of the University are expanded for the purposes for which they were provided;
and (d)
perform such other
duties as may be prescribed. 15. Director
Planning and Development.— The Director Planning and
Developed shall be a whole time officer of the University and shall be
responsible for planning and development of the University. 16.
Controller of Examination.— The Controller of Examination shall be a whole time officer of
the University and shall be responsible for all matters connected with the
conduct of examination and perform such other duties as may be prescribed. 17.
The Resident Auditor.— The Resident Auditor shall be a whole time officer of the
University and shall be responsible for pre-audit of all payment to be made
from the University. 18.
Authorities.— The following shall be the
authorities of the University: (a)
the Board of Trustees; (b)
the Board of
Governors; (c)
the Academic Council; (d)
the Board of
Faculties; (e)
the Board of Studies; (f)
the Selection Board; (g) the Board of Advanced Studies and
Research; (h) the Board of
Advanced Studies and Research; (i) the Finance and Planning Committee; (j) the Discipline
Committee as may be prescribed by the statutes. 19. Board
of Trustees.— The Board of Trustees shall consists of the founder of the Trust
and other members as given below:- (a)
Professor Surgeon
Muhammad Kabir (Founder/Trustee) (b)
Mrs. Roeeda Kabir
(Trustee) (c)
Mr. Samir Khan Kabir
(Trustee) (d)
Mr. Fahad Khan Kabir
(Trustee) 20. The
Board of Governors.— (1) There shall be a Board of Governors
consisting of- (a)
The Chancellor, who
shall be its Chairman; (b)
the Vice Chancellor; (c)
the Chief Justice of
Peshawar High Court or a Judge of the High Court nominated by him; (d)
the Chairman, HEC or
a whole time member of the Commission nominated by it; (e)
the Chairman, [6][Khyber
Pakhtunkhwa] Public Service Commission, or a whole
time member of the Commission nominated by the Chairman of the said Commission; (f) the President Chairman of the Pakistan
Medical & Dental Council or a whole time member nominated by the
President/Chairman; (g) Secretary
to Government, Health Department; (h) Secretary
to Government, Education Department; (i) Secretary to
Government, Finance Department; (j) the Chairman,
Pakistan Engineering Council or a whole time member nominated by the Chairman; (k) a nominee of
Pakistan Institute of Chartered Accountants of Pakistan; (1) a nominee of Pakistan Institute of Cost and
Management Accountants of Pakistan; and (m) Deans of Faculties
of the University. (2) The Registrar shall be the Secretary of
the Board of Governors. 21. Meetings of the Board of Governors.— (1)
The Board of Governors shall meet at least four times in a year on the dates to
be fixed by the Vice Chancellor; provided that a special meeting may be called
at any time on the direction of the Chancellor or on a requisition made by not
less than four members of the Board of Governors to consider matter of urgent
nature. (2)
Not less than 21
clear days notice shall be given to the members of the Board of the Governors
for a meeting of the said Board; provided that for special meeting, ten clear
days notice shall suffice. (3)
The agenda of a
special meeting shall be restricted to the matter or matters for which the
meeting is called. (4)
The quorum for a
meeting of the Board of Governors shall be one-third of its total members, a
fraction being counted as one. (5)
The decision of the
Board of Governors shall be expressed in terms of the views of the majority of
members; provided that in case of equality of votes, the Chairman shall have a
record of casting vote. (6)
The minutes of the
meeting shall be approved by the Board of Trustees. (7)
In the absence of the
Chancellor, the Vice Chancellor shall preside at the meetings. 22. Powers and duties of the Board of
Governors.— (1) The Board of Governors shall be the executive body of the
University and shall, subject to the provisions of this Ordinance and the
statutes, exercise general supervision over the affairs and management of the
property of the University. (2) Without prejudice to the generality of the foregoing powers,
and subject to the provision of this Ordinance, the statutes and prior approved
of the Board of the Trustees, the Board of Governors shall have the powers- (a) to hold, control
administer the property and funds of the University; (b)
to govern and
regulate, with due regards to the advice of the Finance and Planning Committee,
the finances, accounts and investments of the University and for that purpose,
to appoint such agents as it may think fir; (c)
to consider annual
and revised budget estimates and to forward the same to the Board of Trustees
for approval, along with its recommendations; (d)
to re-appropriate
funds from one major head of expenditure to another, (e)
to transfer and
accept transfer of movable or immovable property on behalf of the University; (f)
to enter into, vary,
carry out and cancel contracts on behalf of the University; (g)
to cause proper books
of accounts to be kept for all sums of money received and expended by the
University and for the assets and liabilities of the University; (h) to receive and
manage any property transferred and grants, bequests, donations, endowments and
other contributions made to the University; (i) to administer any
funds placed at the disposal of the University for specified purposes; (j) to determine the
form, provide for the custody and regulate the use of the common seal of the
University; (k) to provide the
buildings, libraries, premises, furniture, apparatus, equipments and other
means required for carrying out the work of the University; (1) to establish and
maintain halls of residence and hostels or approve hostels or lodgings for the
residence of students; (m) to affiliate and
disaffiliate educational institutions; (n) to institute
Professorship, Associate Professorship, Assistant Professorship, Lectureship
and other teaching posts or to suspend or abolish any such posts; (o) to create, suspend
or abolish such administrative, clinical, research or other posts as may be
necessary; (p) to make appointments
on the recommendations of the Selection Board to the posts of teachers,
officers and such other cadres as may be determined by the Board of Governors; (q) to appoint emeritus
Professors on such terms and conditions as may be prescribed; (r) to confer honorary
degrees in the fields of ordained discipline in accordance with the conditions
prescribed; (s) to
prescribe the dudes of officers, teachers, and other employees of the
University; (t) to suspend, punish
and remove from service officers (other than the Vice Chancellor), teachers and
other employees in the manner prescribed; (u) to appoint members
to the various Authorities in accordance with the provisions of this Ordinance; (v) to propose
statutes for submission to, and approval of, the Chancellor, (w) to consider and
approve the regulations made by the Academic Council under section 26; (x) to regulate,
determine and administer all other matters concerning the University, and to
this end exercise all other powers not specifically mentioned in this Ordinance
and the statues; (y) to delegate any of
its powers to an Authority or Officer or a Committee or Sub Committee; and (z) to perform such
other functions as may be assigned to it by the statutes. 23. Academic Council.— (1) The
Academic Council shall consist of- (a)
the Chancellor who
shall be the Chairman of the Council; (b)
the Vice Chancellor, (c)
the Deans; (d)
the Controller of
Examinations; and (e)
the Registrar, who
shall also act as Secretary of the Council. (2)
Members appointed by
nomination shall hold office three years and shall be eligible for
re-nomination. (3)
The quorum for a
meeting of Academic Council shall be one-third of the total number of members,
a fraction being counted as one. 24. Powers and duties of the Academic
Council.— (1) The Academic Council shall be the highest academic body of
the University and shall, subject to the provisions of this Ordinance and the
statutes, have the powers to lay down a proper standards of instruction,
scholarship, research and examinations, and to regulate and promote the
academic life of the University. (2) In particular and
without prejudice to the generality of the foregoing provisions, the Academic
Council shall have the powers- (a)
to advise the Board
of Governors on academic matters; (b)
to regulate the
admission of students to the courses of studies and examinations; (c)
to propose to the
Board of Governors, schemes for the constitution and organization of Faculties,
Teaching Departments, Institutes and Board of Studies; (d)
to consider or
formulate proposals for the planning and development of teaching and research
in the University; and (e) to make
regulations on the recommendations of the Board of Faculties and the Board of
Studies prescribing the courses of studies and the syllabi for all University
examinations; provided that, if the recommendations of Board of Faculties and
the Board of Studies are not received by the prescribed date, the Council may,
subject to the approval of the Board of Governors, continues for the next year
the courses of studies already prescribed for an examination; (f) to recognize the
examinations of other University of examining bodies as equivalent to the
corresponding examinations of the University; and (g) to perform such
other functions as may be prescribed by the statutes. STATUTES, REGULATIONS AND RULES 25.Statutes.— (1) Subject to the provisions of this
Ordinance, the Board of Governors shall make statutes to regulate all or any of
the following matters, namely: (a)
terms and conditions
of service of employees of the University, including scales of pay,
constitution of pensions, insurance, gratuity, provident fund, benevolent fund
and other fringe benefits; (b)
terms and conditions
of contractual appointment of teachers, researchers and officers; (c)
establishment of
Faculties, Teaching Departments and other academic units and divisions; (d)
affiliation and
disaffiliation of established institutions and related matters; (e)
powers and duties of
officers and teachers; (f)
conditions under
which the University may enter into arrangements with other public or private
organizations for purposes of instruction, research and other scholarly
activities; (g)
conditions of
appointment of Professors Emeritus; (h)
award of honorary
degrees; (i) standards of evaluation
of efficiency and exercising disciplinary measures over the employees of the
University; (j) acquisition and
administration of properties and investments of the funds of the University;
and (k) all other matter
which under this Ordinance are required to be or may be prescribed or regulated
by the statutes. (2)
The draft of the
statutes shall be submitted for approval to the Board of Trustees, which shall
have the power to approve the statutes without modifications or refer it back
to the Board of Governors for re-consideration on the lines indicated in that
behalf. (3)
No statutes shall be
valid unless approved by the Board of Trustees. 26. Regulations.— (1) Subject
to the provisions of the Ordinance and the statutes, regulations may be made
for all or any of the following matters- (a)
the courses of
studies for degrees, diplomas and certificates of the University; (b)
the admission of
students to the University; (c)
the conditions under
which students shall be admitted and shall become eligible for the award of
degrees, diplomas and certificates; (d)
the conduct of
examinations; (e)
fees and other
charges to be paid by the students for admission to the courses examinations of
the University; (f)
the conduct and
discipline of students of the University; (g)
conditions of residence
of the students of the University or the colleges, including the levying of
fees for residence in the hall of residence and hostels; (h) approval of
hostels and lodgings; (i) conditions under
which a person should carry on independent research to entitle him to a degree; (j) the institution of fellowships, scholarships, exhibitions,
medals and prizes; (k) the institution of
stipends and free and half-free assistantships; (1) the academic
costumes; (m) the use of library; (n) the formation of Teaching Departments and Board of (o) all other matters
which by this Ordinance and the statutes are to be or may be prescribed by
regulations. (2)
The regulations shall
be prepared by the Academic Council and shall be submitted to the Board of
Governors which may approve them or withhold approval or refer them back to the
Academic Council for reconsideration. (3)
A regulation prepared
by the Academic Council shall not be valid, unless it receives the approval of
the Board of Governors. 27. Rules.— (1)
The Authorities and the other bodies of the University may rule consistent with
this Ordinance, the statutes and the regulations, to regulate the conduct of
their business and the time and place of meeting and related matters; provided
that the Board of Governors with prior approval of the Board of Trustees may
direct the amendments or the annulment of any rules, made by any Authority or
body under this section; (2) The Board of Governors with the prior approval of the Board of
Trustees may make rules to regulate any matter to the affairs of University
which has not been specifically provided for by this Ordinance, the statutes or
the regulations. 28.
Amendment and repeal of statutes and regulations.— The procedure for adding
to, amending or repealing the statutes and the regulations shall be the same as
that prescribed respectively for framing or making the statutes and the
regulations. 29.
Affiliation of educational institutions to the University.— (1) An educational
institution, whether within or from out-side Pakistan, applying for affiliation
to the University, shall fullfil the following conditions: (a)
that the educational
institution in under the management of the Government or of a legally
constituted body; (b)
that the financial
resources of the educational institutions are sufficient to enable it to make
due provision for its continued maintenance and efficient working; (c)
that the strength and
qualifications of the teaching and the other staff and the terms and conditions
of their service are adequate to make due provisions for the courses of
instruction, teaching or training to be undertaking by the educational
institution; (d)
that the educational
institutional has framed proper rules regarding the efficiency and discipline
of its staff and other employees; (e)
that the building in
which the educational institution is located is suitable; (f)
that the library,
laboratories and such other teaching and research aids are sufficiently
provided for, as are necessary for the maintenance of the standards of
teachings and research in the institution. (2)
The application shall
further contain an undertaking that if the educational institution is
affiliated, any transfer or change in the management and the teaching staff
shall be forthwith reported to the University and the teaching staff shall
posses such qualification as are or may be prescribed. (3)
The procedure to be
followed in disposing of an application for the affiliation Committee, grant or
refuse to grant affiliation to an educational institution. (4)
The Board of
Governors may, on the recommendation of the Affiliation Committee, grant or
refuse to grant affiliation to an educational institution. THE UNIVERSEITY FUND 30. The
University fund, audit and accounts.— (1) The University
shall have a fund to which shall be credited its income from fees, donations,
trusts, bequests, endowments, grants, contributions and all other sources, if
any. (2)
Capital and recurrent
expenditure of the University shall be met from the contributions made by any
foundation/association/society and any other source, including other
universities and individuals, and from the income derived from such sources. (3)
No contribution,
donation or grant which may directly or indirectly involve any immediate or
subsequent financial liability for the University or which may involve an
activity not included in the programmes for the time being, shall be accepted
without the prior approval of the Board of Governors. (4)
Notwithstanding
anything contained in the foregoing sub-section, the Board of Trustees shall be
overall responsible for the monitory requirements of the University. (5)
The accounts of the
University shall be maintained in such form and manner as may be determined by
the Board of Governors and shall be audited each year within four months of the
closing of the financial year of the University by a Chartered Accountant
appointed by the Board of Governors. (6)
The accounts,
together with the report of the auditor thereon, shall be submitted to the
Board of Trustees for approval. (7)
The auditor's report
shall certify that the report has complied with the standards of audit and
certification laid down by the Institutes of Chartered Accountants of Pakistan. GENERAL PROVISION 31.
Retirement from services.— An employee of the University shall retire from service on the
completion of 60th year as his age. 32.
Employment after retirement.—An
employee of the University shall not ordinarily be re-employed under the
University, unless such re-employment is necessary in the public interest and
made with the prior approval of the Board of Directors. 33.
Conduct.— The
conduct of an employee of the University shall be regulated in such manner as
my be prescribed. 34.
Disciplinary action.— An employee of the University shall be liable to prescribed
disciplinary action and penalties in accordance with prescribed procedure. 35.
Pension, insurance, gratuity,
provident fund and benevolent
fund.— The University shall constitute for the
benefit of its employees in such manner and subject to such condition as may be
prescribed, schemes such as pension, insurance, gratuity, provident fund and
benevolent fund as it may deem fit. (2) Where any provident fund has been constitutes under this
Ordinance, the provisions of the Provident Funds Act, 1925, shall apply to such
funds. 36.
Commencement of term of office
of members of Authorities.— When a number of a newly constituted
Authority is appointed or nominated, his term of office, as fixed under this
Ordinance, shall commence from such date as may be prescribe. 37.
Filling of casual vacancies in authorities.-— (1) Any casual vacancy
among the appointed or nominated members of any authority shall be filled as
soon as conveniently may be, by the person or the body who appointed or
nominated the member who place has become vacant, and the person appointed or
nominated 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: Provided that where a vacancy in the membership of an authority,
other than the Board of Governors, cannot be filled for the reason that the
member was ex-officio, and the office has ceased to exist, or the organization,
institution or other body, other than the University, has ceased to exist or
has ceased to function, or for any other cause which make it impracticable to
fill the vacancy, the vacancy shall be filled in such manner as the Chancellor
may direct on the recommendations of the Board of Governors. (2) The office of a
nominated member shall become vacant if he resigns or fails to attend three consecutive
meetings of the authority without sufficient cause or leave of absence, or his
nomination is changed by the nominating authority. 38. Disputes about
membership of authority.—(1) Notwithstanding anything contained in this
Ordinance, a person nominated or appointed to any authority shall cease to be a
member of such authority as soon as he has ceased to hold the position by
virtue of which he was nominated or appointed. (2) If a question arises whether any person is entitled to be a
member of any authority, the matter shall be referred to a committee consisting
of the Vice Chancellor, the Chief Justice of Peshawar High Court or the Judge
of the said High Court who is the member of the Board of Governors and a
nominee of the Chancellor and the decision of the committee shall be final and
binding. 39.
Constitution, functions and powers of other authorities.— The constitution, function and powers of other
authorities for which no specific provision or insufficient provision has been
made in this Ordinance, shall be such as may be prescribed by the statutes. 40.
Appointment of Committee by the Authority.— The Board of Governors, the
Academic Council and other authorities may appoint such Standing, Special or
Advisory Committee, as they may consider advantageous in the performance of
their functions. 41.
First Statute.—
Notwithstanding anything contained in this Ordinance, the statute set out in
the Schedule to this Ordinance shall be deemed to be the statutes frame under
section 24 and shall remain in force until amended or replaced by new statute
framed in accordance with this Ordinance. 42.
Removal of difficulties.— If any difficulty arises as a to the first constitution or
reconstitution of any authority upon coming into force of this Ordinance or
otherwise in giving effect to any provision of this Ordinance, the Chancellor
may give appropriate direction to remove such difficulty. 43.
Proceedings of authorities not invalidated by vacancies.—No act, proceedings,
resolution or decision of any authority shall be invalid by reason only of any
vacancy of defect in the constitution, appointment or nomination of any member
of the authority. 44.
Indemnity.— No
suit or legal proceedings shall lie against the University or any authority or
an employee of the University or any person, in respect of anything which is
done, or purported to have been done in good faith under this Ordinance. THE FIRST STATUTES (See
Section 41) 1. Faculties.—The
University shall have the following Faculties: (a)
the Faculty of
Medicine and Allied Medical Sciences; (b)
the Faculty of
Islamic Sciences; (c)
the Faculty of Basic
and Applied Sciences; (d)
the Faculty of
Engineering and Technology; (e)
the Faculty of
Management Sciences; (f)
the Faculty of
Humanities and Social Sciences; (g)
the Faculty of
Language; (h) the Faculty of Legal Studies; and (i) such other
faculties as may be prescribed by the statutes. 2. The
Board of Faculty.—(1) There shall be a Board of each
Faculty consisting of- (a) The Dean; (b)
the Professors, the
Chairman/Head of the Teaching Departments comprised in the Faculty; and (c)
three teachers to be
nominated by the Vice Chancellor by reason of then specialized knowledge of the
subjects which though not assigned to the Faculty. (2)
The members mentioned
in the clause (1) (e) shall hold office for three years. (3)
The quorum for a
meeting for the Board of Faculty shall be one half of the total number of
members, a fraction being counted as one. (4)
The Board of each
Faculty shall, subject to the general control of the Academic Council and the
Board of Governors have the powers: (a)
to coordinate the
teaching and research work in the subjects assigned to the Faculty; (b)
to scrutinize the
schemes of courses and syllabi proposed by the Board of Studies comprised in
the Faculty; and forward them to the Academic Council along with its
observations; (c)
to scrutinize the
recommendations made by the Board of Studies comprised in the Faculty, on the
appointment of paper setters and examiners, except for research and degree
examiners who shall be appointed by Vice Chancellor; (d)
to consider any other
academic matter relating to the Faculty and to report thereon to the Academic
Council; and (e)
to perform such other
functions as may be prescribed by the statutes. 3. Deans.—(1)
There shall be a Dean of each Faculty who shall be the Chairman and convenor of
the Board of Faculty. (2)
The Dean of each
Faculty shall be appointed by the Chancellor on the recommendations of the Vice
Chancellor from amongst the three senior most Professors in the Faculty, for a
term of three years and shall be eligible for another term. (3)
The Dean shall
present candidates for admission to degrees, except honorary degrees, to the
Chancellor in the courses falling with the purview of the Faculty. (4)
The Dean shall
exercise such powers and perform such duties as may be prescribed. 4. Teaching Department.— (1)
There shall be Teaching Department for each subject or a group of subjects as
may be prescribed by the regulations, and each Teaching Department shall be
headed by a Chairman. (2) The Chairman of a Teaching Department shall be appointed by
the Board of Governors on the recommendations of the Vice Chancellor from
amongst the three most senior Professors and three most senior Associate
Professor of the Department for a period of three years; Provident that where there
is no Professor or Associate Professor in a Department, it shall be looked
after by the Dean of the Faculty with the assistance of the most senior teacher
of the Department. (3) The Chairman of
the Department shall plan, organize and supervise the work of the Department
and shall be responsible to the Dean. 5. Board of Studies.— (1)
There shall be a separate Board of Studies for each such orgroup of subjects as
may be prescribed by the regulations. (2) Each Board of
Studies shall consist of- (a)
the Chairman of the
Department who shall act as its Chairman and Convenor; (b)
all Professors and
Associate Professors in the Department or the Institute; (c)
three teachers other
than University Teachers to be appointed by the board of Governors; (d)
three experts to be
appointed by the Vice Chancellor. (3)
The term of office of
member of the Board of Studies, other than ex-office members, shall be three
years. (4)
The quorum for
meeting of the Board of Studies shall be one-half of the total number of
members, a fraction being counted as one. (5)
The functions of the
Board of Studies shall be: (a)
to advise the
authorities on all academic matters connected with instruction research and
examination in the subject of subjects concerned; (b)
to propose curricula
and syllabi for all degrees, diplomas and certificate courses in the subject or
subjects concerned; (e) to suggest a panel of names of paper setters and examiners in
the subject or subjects concerned; and (d) to perform such
other functions as may be prescribed by the regulations. 6. The Board of Advanced Studies and
Research.— (1) There shall be a Board of Advanced Studies and Research
consisting of- (a)
the Vice Chancellor
who shall be its Chairman; (b)
the Deans; (c)
three University
Professors other than Deans to be appointed by the Board of Governors; (d)
three scholars of
eminence in a field not represented on the Board of Advanced Studies and
Research to be appointed by the Vice Chancellor on the recommendations of the
Academic Council. (2)
The term of office of
members of the Board of Advanced Studies and Research other then ex-officio
members, shall be three years. (3)
The quorum for a
meeting of the board of Advanced Studies and Research shall be one half of the
total numbers, a fraction being counted as one. (4)
The functions of the
Advanced Studies and Research Board shall be: (a)
to advise the
authorities on all matters connected with the promotion of advanced studies and
research in the University; (b)
to consider and
report to the authorities on the institution of research degree in the
University; (c)
to appoint
supervisors for research studies; (d)
to propose
regulations for award of research degree; and (e) to recommend the
names of examiners for the research degrees. 7. The Selection Board.—(1)
There shall be a Selection Board consisting of: (a)
the Vice Chancellor
who shall be its Chairman; (b)
one number of the
Board of Academic Council and two persons of eminence to be nominated by the
board of Governors; provided that none of them is an employee of the
University; (c)
the Dean of the
faculty concerned; (d)
the Chairman of the
Teaching Department concerned; (e)
the Registrar. (2)
The members of the
Selection Board, other the ex-officio members, shall hold office for three
years. (3)
The quorum for a
meeting of the Selection Board shall be five members. (4)
No member of the
Selection Board who is a candidate for the post to which appointment is to be
made shall take part in proceedings of the Selection Board pertaining to such
appointment. (5)
In selecting
candidates for the post of Professors and Associate Professors, the Selection
Board shall co-opt or consult three experts in the subject concerned and in
selecting candidates for other teaching posts, two experts in the subject
concerned, to be nominated by the Vice Chancellor, from a standing list of
experts of each subject approved by the Board of Governors on the
recommendations of the Selection Board as revised from time to time. (6)
The functions of the
Selection Board shall be: (a) to consider all application for teaching and posts received
in response to an advertisement and shall recommended to the Board of Governors
the names of suitable candidates for appointment to such posts; (b)
to recommend to the
Board of Governors for the grant of a higher initial pay in suitable cases for
reasons to be recorded in writing; (c)
to recommend to the
Board of Governors the appointment of an eminently qualified person to a
position in the University on the terms and conditions as may be prescribed;
and (d) to consider all
cases of promotion of officers of the University and recommended to the Board
of Governors the names of suitable candidates for such promotions. 8. The Finance and Planning Committee.— (1)
There shall be a Finance and Planning Committee consisting of; (a)
the Vice Chancellor,
who shall be its Chairman; (b)
one nominee of the
Board of Governors; (c)
three experts in the
field of finance and planning to be nominated by the Chancellor; (d)
one Dean to be
nominated by the Chancellor on the recommendation of the Vice Chancellor, and (e)
the Director Finance
who will also act as its Secretary. (2)
The quorum for a
meeting of the Finance and Planning Committee shall be four members. (3)
Functions of the
Finance and Planning Committee shall be: (a)
to consider annual
statement of accounts and revised budget estimates and advise the board of
Governors, thereon; (b)
to review
periodically the financial position of the University; (c)
to advise the Board
of Governors an all matters relating to planning, development, finance,
investments and accounts of the University; (d)
to prepare short term
and long term development plans; (e)
to prepare resource
development plans; and (f) to perform such
other functions as may be prescribed by the Statutes. 9. Affiliation Committee.— (1)
There shall be an Affiliation Committee consisting of: (a)
the Vice Chancellor
who shall be its Chairman; (b)
one member of the
board of Governors to be nominated by the said Board; (c)
two Professors to be
nominated by the Academic Council; (d)
the Registrar. (2) The term of office
of the members of the Affiliation Committee excluding ex-officio members shall
be two years. (3)
The Affiliation
Committee may co-opt not more than three experts. (4)
The quorum for a
meeting of first inspection by the Affiliation Committee shall be three
members. (5) An officer of the
University to be designed by the Vice Chancellor for this purpose shall act as
the Secretary of Committee.
[1]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [2]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [3]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [4]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [5]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [6]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [7]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 |