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Pakistan (Punjab) Legislation |
THE
(Pb. Act VIII of 2005)
C O N T E N T S
Sections
1. Short title and commencement.
2. Definitions.
3. Establishment of the University.
4. Functions and powers of the University.
5. University open to all.
6. Jurisdiction.
7. Chancellor.
8. Inspection and inquiry.
9. Vice Chancellor.
10. Appointments.
11. University fund.
12. Budget, audit and accounts.
13. Officers of the University.
14. Authorities of the University.
15. Board of Governors.
16. Powers and duties of the Board.
17. Business of the Board.
18. Delegation of powers.
19. Academic Council.
20. Powers and duties of Academic Council.
21. Statutes.
22. First Statutes.
23. Regulations.
24. Removal of difficulties.
25. Validation.
Schedule
[1]THE
(Pb. Act VIII of 2005)
[
An Act to provide for the establishment of the
Preamble.- Whereas it is expedient to provide for
the establishment of the Beaconhouse National University, Lahore in the private
sector and
matters connected therewith and ancillary thereto;
It is
hereby enacted as follows:-
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 in section 14;
(c) "Board"
means the Board of Governors of the University constituted under section 15;
(d) "Chairperson
of Department" means the Head of a teaching department;
(e) "Chancellor"
means the Governor of the
(f) "Dean"
means the head of a Faculty;
(g) "Department" means a teaching department
maintained and administered, or recognized by the University in the manner
prescribed;
(h) "Faculty"
means a faculty of the University;
(i) "Foundation" means the Beaconhouse National
University Foundation;
(j) "Government"
means the Government of the
(k) "Higher Education Commission" means the Higher
Education Commission set up by the Higher Education Commission Ordinance 2002;
(l) "prescribed" means
prescribed by Statutes, Regulations or Rules made under this Act;
(m) "Registrar"
means the Registrar of the University;
(n) "Schedule" means the Schedule to this Act;
(o) "Search Committee" means a Search Committee
set up for making recommendations for appointment of Vice Chancellor;
(p) "Statutes",
"Regulations" and "Rules" mean respectively the Statutes, the Regulations and
the Rules made or deemed to have been made
under this Act;
(q) "Teachers" include Professors, Associate
Professors, Assistant Professors and Lecturers engaged whole time by the
University and such
other persons as may be declared to be Teachers by
Regulations;
(r) "University"
means the
(s) "University
Teacher" means a whole time teacher appointed and paid by the University, or
recognized by the University as such; and
(t) "Vice Chancellor" means the Vice Chancellor of
the University.
3. Establishment of the University.- (1) There shall be
established a University to be called the
(2) The University shall be a body corporate
having perpetual succession and a common seal with power to acquire, hold and
dispose of
property and shall, by the said name, sue and be sued.
(3) The
University shall consist of the following namely-
(a) the Chancellor, the
Chairman and members of the Board of Governors and the Vice Chancellor;
(b) the members of the
authorities of the University established under section 14;
(c) all University teachers, and persons
recognized as students of the University in accordance
with terms prescribed from time to time; and
(d) all other full time
officers and members of the staff of the University.
4. Functions and powers of the University.- The
functions and powers of the University shall be-
(a) to provide for
instruction and training in the Faculties of-
(i) Architecture
& Design, Education, Information & Computer Technologies, Liberal Arts,
Media and Mass Communication, Visual
Art, Social Sciences; and
(ii) such other branches
of learning as the Board may determine with the approval of the Chancellor
given on the recommendation of a committee
constituted by the Education
Department, Government of the
Provided that in case of
medical and engineering education, approval of the Pakistan Medical &
Dental Council and Pakistan Engineering
Council respectively shall be a
pre-requisite;
(b) to provide for research, demonstration and other services,
and for the advancement and dissemination of knowledge;
(c) to hold examinations in a manner as may be determined by the
Government and confer on or award degrees, diplomas, certificates and other
academic distinctions to persons who have passed its examinations;
(d) to select and promote Faculties;
(e) to prescribe courses of studies;
(f) to establish and support other facilities for education,
training and research; and
(g) to decide teaching methods and strategies in order to ensure
the most effective educational and training programs.
5. University open to
all.─ The University shall be open to persons of either sex of
whatever religion, race, creed, colour or domicile
who are academically qualified for admission to the courses of study offered by
the University; and no person shall be
denied the privileges of the University
on any of such grounds.
6. Jurisdiction.-
(1) The jurisdiction of the University shall be restricted to the Province of
the
(2) The University shall
not open any sub-campus or affiliate any other educational institution for a
period of ten years from the commencement
of this Act after which period it may
have sub-campuses with the approval of the Chancellor.
7. Chancellor.-
(1) The Governor of the
(2) The Chancellor or his nominee shall preside at
the convocations of the University.
(3) Every proposal to confer an honorary degree
shall be subject to confirmation by the Chancellor.
(4) The Chancellor shall have the power to assent
to the Statutes submitted to him by the Board or refer them back to the Board
for reconsideration.
8. Inspection
and inquiry.- (1) The Chancellor may cause an
inspection or inquiry to be made in respect of any matter connected with the
affairs of the University.
(2) The Chancellor shall communicate to the Board
his views with regard to the result of the inspection or inquiry and shall,
after ascertaining
the views of the Board, advise the Board on the action to be
taken by it.
(3) The Board shall, within such time as may be
specified by the Chancellor, communicate to him such action as has been taken
as a result
of the inspection or inquiry.
(4) Where the Board does not, within the time
specified, take action to the satisfaction of the Chancellor, the Chancellor
may issue such
directions as he thinks fit and the Board shall comply with all
such directions.
(5) The Chancellor may, on the recommendation of a
committee constituted by him and comprising a nominee of the Board, a Judge of
the
Lahore High Court to be nominated by the Chief Justice of the said Court
and a Professor Emeritus or Vice Chancellor, take appropriate
action against
the University by appointing an administrator who shall exercise the powers of
the Board to run the affairs of the
University till such time as may be specified:
Provided that no action shall be taken unless the Chairman of the
Board is afforded an opportunity of being heard.
(6) The Government may
make Rules to give effect to the provisions of sub-section (5).
(7) The Chancellor shall
have the authority to annul any decision or action of the Board, which he
thinks was taken against the interest
of academic excellence, religious and
cultural ideology and national integrity.
9. Vice Chancellor.- (1) The
Vice Chancellor shall be an eminent scholar of national repute and shall be
appointed by the Government on the recommendations
of the Search Committee on
such terms and conditions as may be determined on the recommendations of the
Board.
(2) The Vice Chancellor shall perform such
functions as are assigned to him by the Board.
10. Appointments.- The University may appoint such persons in its
services as may be necessary on such terms and conditions as may be determined
by
the Board.
11. University fund.-
There shall be a fund to be known as the
12. Budget, audit and accounts.- The budget of the University shall be approved and
its accounts shall be maintained and audited in such manner as may be
prescribed
by the Board.
13. Officers of the University.- The following shall be the officers of the
University:-
(a) the Chancellor;
(b) the Vice Chancellor;
(c) the Deans;
(d) the Chairperson of
the teaching department;
(e) the Registrar;
(f) the Treasurer;
(g) the Controller of
examinations; and
(h) such other
Authorities as may be prescribed by the Statutes or Regulations to be the
officers of the University.
14. Authorities
of the University.- The following shall be the Authorities of
the University:-
(a) the Board of Governors;
(b) the Academic Council;
(c) the Boards of Faculties;
(d) the Board of Advanced Studies and Research;
(e) the Selection Board;
(f) the Finance and Planning Committee; and
(g) such other Authorities as may be prescribed by the Statutes
and the Regulations.
15. Board of Governors.-
(1) The Board of Governors of the University shall consist of the following:-
(i) the Chairman of the
Foundation;
(ii) Directors
of the Foundation subject to a maximum of eight directors;
(iii) the Chairman, Higher Education Commission or his nominee not
below the rank of a Director;
(iv) a Vice Chancellor of a
(v) the Vice Chancellor; and
(vi) Secretary to
Government of the
(2) The Chairman of the Foundation shall be the
Chairman of the Board.
(3) Members of the Board, other than ex-officio
members, shall hold office for a term of three years. Members of the Board
shall be eligible
for re-appointment on the expiry of their term of office.
(4) The quorum for a meeting of the Board shall be
one half of the total number of members, a fraction being counted as one;
provided
that at least two members shall be official members.
16. Powers and duties of the Board.- (1) The administration and management of
the affairs of the University shall vest in the Board.
(2) The Board shall
forward the draft of Statutes to the Chancellor for approval.
(3) Without prejudice to
the generality of the aforementioned powers, the Board may exercise powers and
perform functions as follows:-
(a) to
formulate or approve the principles, policies and plans governing the activities
and operations of the University so as to facilitate
research, teaching and
other academic work;
(b) to make and, from time to time, revise Regulations for the
efficient and effective operations of the University;
(c) to create a component
of the University such as faculties, departments, institutes under its
jurisdiction subject to sub para (ii) of para (a) of section 4;
(d) to constitute such standing committees,
councils and other administrative or academic advisory bodies as it deems
necessary, and review
their work; and to create such academic or administrative
posts as it may deem necessary and to approve appointments to such posts
as it
may specify;
(e) to
hold, control and administer the property, funds and resources of the
University and raise funds for the purpose of the University
upon such security
as may be required under Regulations;
(f) to undertake the responsibility for the financial viability
of the University including responsibility for ensuring effectiveness of
its
operations, their continuity and preservation of the autonomy of the
University;
(g) to consider and pass
through a resolution the annual report, plan of work, statement of accounts and
the annual budget estimates;
(h) to call for and consider reports relating to the activities
of the University and to direct the Vice Chancellor to furnish information
relating to any matter specified by the Board; and
(i) to take all such initiatives as it may consider necessary or
desirable for the efficient and effective management and functioning of
the
University.
17. Business of the Board.- (1) The meetings and business of the Board
shall be conducted in such manner and in accordance with such procedure as may
be prescribed
in the Regulations and until these matters are prescribed, as may
be determined by the Board.
(2) No Statute,
Regulation or proceeding of the Board shall be invalid by reason of any vacancy
or defect in the constitution of the Board.
18. Delegation of powers.-
The Board may delegate to any person or a committee any of its powers, duties
or functions.
19. Academic Council.-
(1) There shall be an Academic Council of the University which shall consist
of-
(i) the Vice Chancellor
(Chairman);
(ii) all the Deans;
(iii) all the Heads of the Departments/Institutes;
(iv) all Professors and Associate Professors of the University;
(v) nominee of the Secretary Education, Government of the
(vi) two Associate Professors, two Assistant Professors and two
Lecturers to be nominated by the Board;
(vii) three persons
eminent in the fields of arts and sciences, of whom at least one shall be from
each category, to be nominated by the Board;
(viii) Director
Academic, Higher Education Commission; and
(ix) the Registrar (Member/Secretary).
(2) Members appointed by nomination shall hold
office for three years.
(3) The quorum for a
meeting of the Academic Council shall be one half of the total number of
members, a fraction being counted as one.
20. Powers and duties of Academic Council.- (1) The Academic Council shall be the academic body
of the University and shall, by the Statutes, have the powers to lay down
proper
standards of instruction, research, publication and examination and to
regulate and promote the academic life of the University.
(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 powers to-
(a) advise the Board on academic matters;
(b) regulate the conduct of teaching, research and publication;
(c) regulate the admission of students to the courses of studies
and examinations in the University;
(d) regulate the conduct and discipline of the students of the
University;
(e) propose to the Board, scheme for the constitution and
organization of Faculties and teaching departments;
(f) consider or formulate proposals for the planning and
development of teaching and research in the University;
(g) make Regulations prescribing the courses of studies, the
syllabi and the outlines of tests for all University examinations subject to
the approval of the Board;
(h) regulate the award of studentships, scholarships,
exhibitions, medals and prizes;
(i) frame
Regulations for submission to the Board;
(j) appoint or nominate members to various Authorities in
accordance with the provisions of this Act; and
(k) perform such other functions as may be prescribed by the
Statutes.
21. Statutes.- Subject
to the provisions of sub-section (4) of section 7 and section 23 and approval
of the Chancellor, Statutes may be made by the
Board to provide for and to
regulate any matter relevant to the University.
22. First Statutes.- Notwithstanding
anything to the contrary contained in this Act, the Statutes
set out in the Schedule appended to this Act shall be deemed to be the Statutes
framed under section 21
of this Act and shall continue to remain in force until
amended or repealed.
23. Regulations.- The
Board may, by notification, make Regulations for the administration and
management of the affairs of the University.
24. Removal of difficulties.- If any difficulty arises in giving effect to any of
the provisions of this Act, the Board may, with the approval of the Government,
give such directions, not inconsistent with the said provisions, as it may
consider necessary for the removal of such difficulty.
25. Validation.- All actions
taken, obligation and liability incurred, rights and assets acquired, persons
appointed or authorized, endowments, bequests,
funds created, donation or grant
received by the Foundation for the establishment of University after the
issuance of no objection
certificate by the Education Department, Government of
the Punjab, shall be deemed to have been taken, incurred, acquired, appointed
or authorized, created or received under
this Act.
SCHEDULE
(See section 22)
THE FIRST STATUTES OF
THE
1. Faculties.- There shall be a Faculty
for a teaching department or a group of teaching departments. The University
shall include the following
Faculties and such other Faculties as may be
established pursuant to this Act:-
(a) Faculty of Architecture & Design;
(b) Faculty of Education;
(c) Faculty of Information & Computer
Technology;
(d) Faculty of Liberal Arts;
(e) Faculty of Media and Mass Communication;
(f) Faculty of Visual Arts; and
(g) Faculty of Social Sciences.
2. Board
of Faculty.-
(1) There shall be a Board of each Faculty which shall consist of-
(a) the Dean of the Faculty;
(b) the Professors and the heads of the teaching departments in
the Faculty;
(c) one member, other
than Professors and head of each teaching department, to be nominated by the
Head of Department;
(d) two teachers to be nominated by the Academic Council by
reason of their specialized knowledge of the subjects which, though not
assigned
to the Faculty, have in the opinion of the Academic Council, important
bearing on the subjects assigned to the Faculty;
(e) two experts in the field from outside the University to be
appointed by the Board of Governors; and
(f) one member to be nominated by the Vice Chancellor.
(2) The members, other than ex-officio members,
shall hold office for a period of three years.
(3) The quorum for a
meeting of the Board of a 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, have the powers to-
(i) co-ordinate the
teaching and research work in the subjects assigned to the Faculty;
(ii) scrutinize the recommendations of the
Boards of Studies comprising the Faculty with regard to the appointment of
paper-setters and examiners
for Graduate and Postgraduate examinations and to
forward the panels of suitable paper-setters and examiners for each examination
to the Vice Chancellor;
(iii) consider any other academic matter
relating to the Faculty and to submit its report to the Academic Council;
(iv) prepare a comprehensive annual report
regarding the performance of each department comprising the Faculty for
presentation to the Academic
Council; and
(v) perform such other functions as may be
prescribed by the Statutes.
(5) There shall be a Dean of each Faculty who
shall be the Chairman and Convener of the Board of Faculty.
(6) The Dean shall be
appointed by the Board from amongst the three senior most professors of the
Faculty on the recommendation of the
Vice Chancellor and shall hold office for
a period of three years and shall be eligible for re-appointment.
(7) The Dean shall
present candidates for admission to degree, except honorary degrees, courses
falling within the purview of the Faculty.
(8) The Dean shall have
such powers and duties as may be prescribed by the Board on the recommendations
of the Vice Chancellor.
3. Academic Departments and Heads of the
Departments.-
(1) There shall be an Academic Department for each subject or a group of
subjects, as may be prescribed by the Regulations and each
Academic Department
shall be headed by a Head of Department.
(2) The Head of an
Academic Department shall be appointed by the Board on the recommendations of
the Vice Chancellor from amongst three
senior most Professors other than a
Professor already working as Dean for a period of three years and shall be
eligible for re-appointment;
provided that in a department where there are less
than three eligible Professors, the appointment shall be made from amongst the
three senior most Professors and Associate Professors of the Department.
(3) The Head of the
Department shall plan, organize and supervise the work of the department and
shall be responsible to the Dean for
the work of his department.
(4) The Head of the Department shall, under the
general supervision of the Vice Chancellor and the Dean, exercise all
administrative,
financial and academic powers and such other duties or powers
as may be delegated to him.
(5) The heads of the departments shall prepare a
comprehensive annual report regarding the performance of department at the
Graduate and
Postgraduate levels, Faculty research and development and submit
this report to the Dean of the Faculty for his evaluation.
4. Board of Advanced Studies and Research.- (1) The Board of Advanced Studies and Research shall
consist of-
(a) the Vice Chancellor (Chairman);
(b) all the Deans;
(c) one University Professor from each Faculty other than Dean
to be appointed by the Board;
(d) one member to be nominated by the Vice Chancellor;
(e) three members from
the relevant field, research organizations and Government Departments, to be nominated
by the Board; and
(f) the Registrar (Secretary).
(2) The term of office of
the members of the Board of Advanced Studies and Research, other than
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 number of members,
a fraction
being counted as one.
5. Functions
of the Board of Advanced Studies and Research.- The
functions of the Board of Advanced Studies and Research shall be to-
(a) advise the Authorities
on all matters connected with the promotion of advanced studies and research
publication in the University;
(b) consider and report
to the Authorities of research degrees in the University;
(c) propose Regulations regarding the award of research degrees;
(d) appoint supervisors for Postgraduate research students and
to approve titles and synopsis of their thesis/dissertations;
(e) recommend panels of names of examiners for evaluation of
their other research examinations; and
(f) perform such other functions as may be prescribed by the
Statutes.
6. Selection Board.-
(1) The Selection Board shall consist of-
(a) the Vice Chancellor (Chairman);
(b) the Dean of the Faculty concerned;
(c) the Head of the Academic Department concerned;
(d) one member of the Board of Governors to be nominated by the
Board;
(e) one eminent scholar to be nominated by the Board of
Directors of the Foundation; and
(f) one expert in the subject to be nominated by the Secretary
to Government of the
(2) The Registrar shall be the Secretary of the
Selection Board.
(3) The members, other than ex-officio members,
shall hold office for a period of three years.
(4) The quorum for a meeting of the Selection
Board shall be four.
(5) No member, who is a candidate for the posts to
which appointment is to be made, shall take part in the proceedings of the
Selection
Board.
(6) In selection of candidates for the posts 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 for each subject approved
by the Board on the recommendation of
the Selection Board and revised from time
to time.
7. Functions of the Selection Board.- The
functions of the Selection Board shall be to-
(a) consider
the applications and recommend to the Board of Governors the names of suitable
candidates for appointment to teaching and
other posts, as the case may be, and
recommend suitable salary for the candidate concerned; and
(b) consider all cases of promotion or selection of officers of
the University and recommend the names of suitable candidates for such
promotion
or selection to the Board.
8. Finance
and Planning Committee.- (1) The Finance and
Planning Committee shall consist of-
(a) the Vice Chancellor (Chairman);
(b) all the Deans;
(c) one member of the Board to be nominated by the Board;
(d) one member of the Academic Council to be nominated by the
Academic Council;
(e) one representative
each from Education Department and Finance Department of the Government of the
(f) Director
Planning, Higher Education Commission;
(g) the Registrar; and
(h) one nominee of the
Board of Directors of the Foundation.
(2) The term of office of
the nominated members shall be three years.
(3) The quorum for a meeting of the Finance and
Planning Committee shall be five.
9. Functions of the Finance and Planning
Committee.- The functions of the Finance and
Planning Committee shall be to-
(a) prepare the annual statement of accounts and propose annual
budget estimates and advise the Board thereon;
(b) review periodically the financial position of the
University;
(c) advise the Board on all matters relating to finance,
investments and accounts of the University; and
(d) perform such other functions as may be
prescribed by the Statutes.
[1]This Act was passed by the
Punjab Assembly on
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