Lahore University of Biological and Applied Sciences Act 2023

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^{^[1]}THE LAHORE UNIVERSITY OF BIOLOGICAL AND APPLIED SCIENCES ACT 2023

(ACT IV OF 2023)

[8^th February 2023]

An Act to provide for the establishment of the Lahore University of Biological and Applied Sciences.

WHEREAS it is expedient to provide for the establishment of the Lahore University of Biological and Applied Sciences in the private sector and to provide for matters connected therewith and ancillary thereto;

Be it enacted by Provincial Assembly of the Punjab as follows:

1. Short Title and Commencement.- (1) This Act may be cited as the Lahore University of Biological and Applied Sciences Act, 2023.

(2) It shall come into force at once.

2. Definitions.- In this Act:

(a) "Academic Council" means the Academic Council of the University;

(b) "Act" means the Lahore University of Biological and Applied Sciences Act 2023;

(d) "Authority" means any of the authorities of the University;

(e) "Board" means the Board of Governors of the University;

(f) "Chairperson" means the Chairperson of the Board of Governors of the University;

(g) "Chancellor" means Governor of the Punjab;

(h) "College" means a constituent college or an affiliated college;

(i) "Commission" means the Higher Education Commission established under the Higher Education Commission Ordinance 2002 (LIII of 2002);

(j) "Company" means Lahore Medical and Dental College Limited which shall be the sponsoring body of the University;

(k) "Constituent College" means a college maintained, administered and managed by the University;

(l) "Controller of Examinations" means the Controller of Examinations of the University;

(m) "Dean" means the Head of a Faculty of the University;

(n) "Department" means a Teaching Department maintained and administered or managed by the University in the prescribed manner;

(o) "Employee" means all individuals employed by the University other than Teachers.

(p) "Faculty" means an Administrative and Academic Unit of the University consisting of one or more Departments or Colleges as may be prescribed;

(q) "First Statutes" mean the Statutes provided in the Act;

(r) "Government" means Government of the Punjab;

(s) "Head of Department" means the Head of a Department;

(t) "Institute" means an Institute maintained and administered or managed by the University;

(u) "Prescribed" means prescribed by the Board, Rules, Statutes or Regulations;

(v) "Principal" means Principal of a Constituent College;

(w) "Punjab Higher Education Commission" means Punjab Higher Education Commission set up under the Punjab Higher Education Commission Act, 2014 (I of 2015);

(x) "Registrar" means the Registrar of the University;

(y) "Registered Graduate" means a Graduate of the University who has his/her name entered in the register maintained for the purpose;

(z) "Schedule" means the Schedule appended to the Act;

(aa) "Sponsoring Body" means the Company;

(bb) "Statutes", "Regulations and "Rules" mean and include respectively the First Statutes, Statutes, Regulations and Rules made under the Act;

(cc) "Student" means a student of the University;

(dd) "Sub-Campus" mean a Sub-Campus of the University established in the Prescribed manner;

(ee) "Teacher" includes a Professor, Associate Professor, Assistant Professor or Lecturer engaged/employed by the University and such other persons as may be Prescribed;

(ff) "Treasurer" means the Treasurer of the University;

(gg) "University" means the Lahore University of Biological and Applied Sciences, constituted under the Act; and

(hh) "Vice Chancellor" means the Vice Chancellor of the University.

3. Establishment of the University.- (1) The Government shall, by notification, in the official gazette, establish the Lahore University of Biological and Applied Sciences, in the private sector, with its campus located at Lahore.

(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.

4. Functions and Powers of the University.- The University shall have the Powers to:

(a) provide instructions and training in Applied Health Sciences, Allied Health Sciences, Public Health Sciences, Social Sciences, Pharmaceutical Sciences, Biological Sciences, Medical & Dental Sciences, Nursing, Sciences of Human Body and Mind and any other branches of knowledge, as may be Prescribed and, where applicable, subject to the prior approval of the relevant statutory body of professional education;

(b) decide teaching methods and strategies including virtual, on-campus, online, distance learning, etc. in a such manner as maybe Prescribed to ensure the most effective educational and training programs;

(c) provide for instruction, training, courses of study and curriculum for the academic programs offered by the University and their allied branches of knowledge as may be Prescribed from time to time;

(d) provide for research, demonstration and other services, and for the advancement and dissemination of knowledge;

(e) hold examinations and confer on, award or withdraw degrees, honorary degrees, diplomas, certificates, prizes and other academic distinctions to persons who have passed its examinations;

(f) establish, maintain, manage, regulate, regularize and administer Authorities of the University, Faculties, Departments, Colleges, Hospitals, other educational and research facilities, laboratories, organizations, bodies (including corporate bodies), trusts, and such other facilities as maybe Prescribed from time to time;

(g) start Sandwich Programs and Split Programs between National and International Universities and to collaborate with other educational institutions in all academic matters;

(h) accept an examination and period of study spent by a student of the University at any other university or place of learning and prescribe conditions for such acceptance or withdrawal;

(i) publish research papers and other documents and get Intellectual Property Rights registered and protected under the relevant laws and to license them for consideration;

(j) admit students as per prescribed criteria, fix and demand fees and other charges from the students as maybe prescribed by the Board from time to time. To provide for financial assistance, scholarships and awards for the deserving students;

(k) affiliate other educational institutions, establish Constituent Colleges and otherwise admit any educational institution to the University's privileges or withdraw such privileges and to determine and demand such fees etc. as maybe prescribed for the said admission and/or related to the University's privileges;

(l) engage, employ and appoint person(s) on such posts/designations on such terms and conditions as maybe required for the operations of the University;

(m) hold and dispose of property; enter into agreements for property and equipment, including sale/purchase agreements, lease agreements, mortgages, finance agreements etc. in a manner as maybe required for the operations and benefits of the University;

(n) raise funds in all lawful manners like donations, loans, collections etc. and to invest and manage the University Fund and/or seek loans and financial facilities in the manner as maybe Prescribed;

(o) enter into all kinds of memorandums, agreements, contracts and commercial arrangements with other institutions, organizations, financial institutions, persons and associated companies of the Sponsoring Body; and

(p) exercise any other power ancillary to the above powers, University's status of a body corporate and such other functions as maybe Prescribed.

5. University Open to All.- Subject to reasonable restrictions and criteria as may be Prescribed, the University shall be open to all persons. Admission to the University or to the privileges of the University shall not be denied merely on the basis of gender, religion, race, class or colour.

6. Jurisdiction.- (1) The jurisdiction of the University shall extend to Province of Punjab.

7. Officers of the University.- The following shall be the Officers of the University:

(a) Vice Chancellor;

(b) Directors;

(d) Heads of Institutions;

(e) Heads of Departments;

(f) Registrar;

(g) Treasurer;

(h) Controller of Examinations; and

(i) Such other persons as may be Prescribed.

8. Chancellor.- (1) The Chancellor of the University shall be the Governor of the Punjab.

(2) The Chancellor or his nominee shall preside at a Convocation of the University.

9. Inspection and inquiry.- (1) The Chancellor may direct inspection or inquiry into the affairs of the University.

(2) The Chancellor shall convey his views with regard to the result of the inspection or inquiry to the Board and may, after ascertaining the views of the Board, recommend any remedial action to the Board.

(3) The Board shall, within the time specified by the Chancellor, submit a report to the Chancellor about the action taken on the recommendations of the Chancellor.

(4) If the Board fails to take action to the satisfaction of the Chancellor within the specified time, the Chancellor may issue such directions as he thinks fit and the Board shall comply with the directions.

(5) The Chancellor may, on the recommendation of a Committee constituted by him and comprising of a nominee of the Board, a nominee of Higher Education Department not below the rank of Additional Secretary and a Professor Emeritus or Vice Chancellor of any university, take such action against the University as he may deem appropriate.

(6) The Chancellor shall not take any action under subsection (5), unless the Chairperson of the Board is afforded an opportunity of hearing.

(7) The Chancellor may set aside a decision or action of the Board, which, in the considered opinion of the Chancellor, is against the objectives of the University or against the interest of academic excellence, religious or cultural ideology or national integrity.

10. Board of Governors.- (1) The Board of Governors of the University shall consist of the following:-

(a) Chairperson of the Board shall be the chairperson of the Board of Directors of the Company or any other person nominated by him;

(b) Members of the Board of Directors of the Company subject to a maximum number of ten Members;

(c) Five persons including at least two women from eminent medical practitioners, scholars, professionals, academicians or prominent citizens nominated by the chairperson of the Board of Directors of the Company;

(d) Chairperson, Higher Education Commission or his nominee;

(e) Chairperson, Punjab Higher Education Commission or his nominee;

(f) Vice Chancellor of a University nominated by the chairperson of the Board of Directors of the Company;

(g) Secretary to the Government of the Punjab, Higher Education Department or his nominee not below the rank of an Additional Secretary; and

(h) Such other persons as maybe nominated by the Chairperson of the Board.

(2) The quorum for a meeting of the Board shall be one half of the total number of Board members, a fraction being counted as one.

(3) The members of the Board, other than ex-officio members, shall hold office for a term of four years and shall be eligible for re-appointment on the expiry of their term of office.

(4) The respective appointing authority for the members of the Board shall also have the power to remove the member so appointed.

(5) The Board shall take decision by majority of the votes of members present.

(6) All agreements, contracts and ancillary documents of the University, involving financial terms and liabilities, shall be executed by the Chairperson of the Board (or his nominee), on behalf of the University.

(7) The Chairperson may fill a casual vacancy occurring because of death, resignation or inability to perform duties as a member of the Board other than ex-officio member to the extent of the remainder of the term, of the former member.

11. Powers and Duties of the Board.- (1) The administration, management, regulation of all matters and affairs of the University, including academic, financial and administrative matters, shall vest in the Board.

(2) The Board shall oversee the Authorities, Bodies and Committees of the University and shall have the powers to direct such Authorities etc. in any matter related to the affairs of the University. The Board shall make, prescribe, approve, amend or repeal the Statutes (including the First Statutes), Regulations, Rules or Proceedings of the University and such Statutes, Regulations, Rules etc. shall not become invalid merely by the reason of any vacancy or defect in the constitution of the Board.

12. Business of the Board.- The Meetings and Business, including voting procedures, of the Board shall be conducted in such manner and in accordance with such procedure as may be Prescribed.

13. Delegation of Powers.- The Board may delegate any of its powers or functions to any person, committee or sub-committee.

14. Vice Chancellor.- (1) The Vice Chancellor of the University shall be appointed and removed by the Board, on such terms and conditions as the Board may determine.

(2) The Vice Chancellor shall possess such academic qualifications and experience as maybe Prescribed.

(3) The Vice Chancellor shall perform such functions as are provided in the Act or as maybe Prescribed.

(4) If the office of the Vice Chancellor is vacant or the Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor, the Board will nominate the substitute. In case of permanent vacancy, the Board shall appoint a person as Vice Chancellor.

15. Registrar.- (1) The Registrar shall be appointed by the Board on such terms and conditions as it may determine.

(2) The Registrar shall perform such functions as maybe determined by the Vice Chancellor and/or Prescribed from time to time.

16. Controller of Examinations. - (1) The Controller of Examinations shall be a full-time officer of the University and shall be appointed by the Board on such terms and conditions as it may determine.

(2) The Controller of Examinations shall be responsible for all matters connected with the examinations of the University and shall perform such other duties as may be assigned by the Vice Chancellor and/or Prescribed by the Board.

17. Treasurer.- (1) The Treasurer shall be a full-time officer of the University and shall be appointed by the Board on such terms and conditions as it may determine.

(2) The Chairperson of the Board shall directly monitor and control the functions relating to the financial matters of the University through the Treasurer.

(3) The Treasurer shall :

(i) Manage the University finances, Fund, investments and all matters related thereto;

(ii) Prepare the annual and revised budget estimates of the University and present them to the Board;

(iii) Ensure that the funds of the University are expended for the purposes for which they are provided; and

(iv) Perform such other duties as maybe assigned by the Chairperson of the Board and/or Prescribed from time to time.

18. Appointments.- The University may appoint the requisite number of persons in its service on such terms and conditions as maybe Prescribed.

19. Authorities of the University.- (1) The following shall be the Authorities of the University:

a. Board of Governors;

b. Academic Council;

c. Boards of Faculties;

d. Board of Advanced Studies and Research;

e. Selection Board;

f. Budget and Planning Committee; and

g. Any other Authority or Committee as may be Prescribed.

(2) The Board may constitute committees consisting of the members of the Board or Teachers or Officers of the University or a combination of all or any of such persons.

20. Academic Council.- (1) The Academic Council shall consist of:

a. Vice Chancellor (Chairperson);

b. Registrar (Secretary);

c. Deans;

d. Principals of the Constituent Colleges;

e. Head of Departments / Directors; and

f. Controller of Examinations.

(2) The Quorum for a meeting of the Academic Council shall be one-half of the total number of members of the Academic Council.

21. Powers and Duties of Academic Council.- (1) The Academic Council shall be the academic body of the University which shall recommend academic standards, modes of instruction, research, publication and examination to the Board. The Academic Council shall, subject to approval of the Board, 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, Statutes, Regulations, Rules etc. the Academic Council may:

(a) Advise the Board on all academic matters;

(b) Regulate the conduct of teaching, research and examinations;

(c) Propose for each academic session, on the recommendations of the Boards of Studies, Board of Faculties regulations prescribing the courses of studies, syllabi, curriculum and the outlines of tests for all examinations;

(d) Regulate the admission of students to the courses of studies and examinations in the University;

(e) Recommend to the Board, teaching examination systems including not limited to semester or annual system;

(f) Regulate the conduct and discipline of the students and prescribe punishment or fines on misconduct;

(g) Propose to the Board, schemes for the constitution, operation and organization of the Faculties, Teaching Departments, Constituent Colleges, Affiliated Colleges, Sub-Campuses and Institutes;

(h) Formulate Proposals for Planning and Development of Teaching and Research in the University;

(i) Recommend the Regulations to the Board prescribing the Courses of Studies, the Syllabi and the Outlines of Tests for the University Examinations;

(j) Regulate the award of studentships, scholarships, exhibitions, medals and prizes;

(k) Recommend Regulations to the Board for approval; appoint or nominate members to various Authorities in accordance with the provisions of this Act; and

(l) Perform such other functions as may be prescribed and determined by the Board and/or Vice Chancellor in accordance with the provisions of this Act.

22. University Fund.- (1) There shall be a fund to be known as Lahore University of Biological and Applied Sciences Fund which shall vest in the University.

(2) The University may accept donations in the form of cash, property, vehicles, equipment, any other item or financial instrument that may facilitate the functioning of the University and all such donations shall be used, invested, maintained and disposed of by the University in the manner as maybe Prescribed.

23. 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.

24. Statutes, Regulations and Rules.- The Board may approve, repeal or amend the First Statutes, Statutes, Regulations, Rules or Policies as maybe required to regulate, manage, regularize and administer any matter relating to the affairs of the University.

25. Removal of Difficulties.- (1) If any question arises as to the interpretation of any of the provision of this Act, it shall be placed before the Chairperson whose decision thereon shall be final.

(2) If any difficulty arises in giving effect to any of the provisions of this Act, the Chairperson may make such order after obtaining views of the Board; 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 provisions has been made in respect of the authority or the time at which it shall be done, then it shall be done by such authority, at such time, or in such manner as the Chairperson may direct after obtaining the views of the Board.

26. Indemnity. - No suit or legal proceedings shall lie against the University, any of its Authority, or Officer of the University in respect of anything which is done in good faith under the Act.

27. First Statutes. - Notwithstanding anything to the contrary contained in the Act, the Statutes set out in the Schedule shall be deemed to be the Statutes made under the provisions of this Act, including Section 24, and shall continue to remain in force until amended or repealed in accordance with the provisions of the Act.

SCHEDULE

THE FIRST STATUTES

1. Faculties: The University shall include the following Faculties:-

(a) Faculty of Applied Health Sciences;

(b) Faculty of Allied Health Sciences;

(d) Faculty of Social Sciences;

(e) Faculty of Pharmaceutical Sciences;

(f) Faculty of Biological Sciences;

(g) Faculty of Medical & Dental Sciences;

(h) Faculty of Nursing;

(i) Faculty of Sciences of Human Body and Mind;

(j) Faculty of Basic and Applied Sciences; and

(k) Such other Faculties as maybe approved by the Board.

2. Board of Faculty: (1) The Board of Faculty shall consist of:

(a) Dean of the Faculty (Chairperson);

(b) Professors and Heads of Departments;

(c) Two Teachers, to be nominated by the Academic Council owing to 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;

(d) Two experts, in the field from outside the University to be appointed by the Board;

(e) One member to be nominated by the Vice Chancellor; and

(f) Director Quality Enhancement Cell (QEC).

(2) The members other than Ex-Officio Members of a Board of Faculty hold office for a period of three years.

(3) The Quorum for a meeting of a Board of Faculty shall be one half of the total number of the members.

(4) A Board of Faculty, subject to the general control of the Academic Council and the Board as may be Prescribed:

(a) Co-ordinate the teaching and research work in the subjects assigned to the Faculty Members;

(b) Scrutinize the recommendations of a Board of Studies 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;

(d) Prepare a comprehensive annual report regarding the performance of each Department, Faculty, Constituent College, Affiliated College, Sub-Campus or Institute for presentation to the Academic Council; and

(e) Perform such other functions as may be prescribed by the Board, Statutes, Regulations and Rules.

(5) The Dean of the Faculty shall be the Chairperson and convener of the Board of Faculty.

(6) The Dean shall be appointed by the Board of Governors on such terms as it may determine on the recommendations of the Vice Chancellor from amongst the Professors of the Faculty.

(7) The Dean shall present candidates, for admission to a Degree, except an Honorary Degree.

(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, Institutes and Constituent Colleges.- (1) There shall be such Academic Departments, Constituent Colleges, Affiliated Colleges, Sub-Campuses or an Institute as may be Prescribed and each Academic Department, Constituent College etc. shall be headed by such persons as may be Prescribed.

(2) The Board shall, on the recommendations of the Vice Chancellor, appoint the Head of Department and other heads of the Constituent Colleges etc. on the terms and conditions as maybe determined by the Board.

(3) The Heads of the Department, Constituent Colleges shall plan, organize and supervise the work of their respective Departments, Colleges etc. and shall be responsible to the respective Dean.

(4) The Heads of Departments shall, under the general supervision of the Vice Chancellor and the respective Deans, exercise all the administrative and academic powers and such other duties or powers as may be assigned to them.

(5) The Heads of the Departments and other Heads shall prepare such reports as maybe prescribed regarding the performance of their respective Departments, Colleges etc. and submit these reports to the respective Dean.

4. Board of Advanced Studies and Research.- (1) The Board of Advanced Studies and Research will consist of:

(a) Vice Chancellor (Chairperson);

(b) All Deans / All HoD's;

(d) One University Professor from each Faculty, other than the Dean, to be appointed by the Vice Chancellor;

(e) Three Members, including at least one woman, from the relevant field, research organizations, to be nominated by the Vice Chancellor; and

(f) The Registrar (Secretary).

(2) The Quorum for a meeting of the Board of Advanced Studies and Research shall be one-half of the total number of its members.

5. Functions of the Board of Advanced Studies and Research.- The Board of Advanced Studies and Research will:

(a) Advise an Authority on all matters restated to the promotion of advanced studies and research publication in the University;

(b) Consider and report to an Authority with regard to a research degree of the University;

(d) Appoint supervisors for postgraduate research students and to approve title and synopses of a thesis or dissertation;

(e) Recommend panels of names of examiners for evaluation of a research examination; and

(f) Perform such other functions as may be prescribed by the Board.

6. Selection Board.- (1) The Selection Board will consist of:

(a) Vice Chancellor (Chairperson);

(b) Dean of the Faculty Concerned;

(d) Two Members of the Board to be nominated by the Chairperson of the Board of Governors;

(e) One Eminent Scholar to be nominated by the Board of Governors;

(f) Director QEC; and

(g) Registrar (Secretary of the Selection Board).

(2) Four members of the Selection Board shall constitute the quorum for a meeting of the Selection Board.

(3) No member who is a candidate or whose family member is a candidate, for a post to which appointment is to be made, shall take part in proceedings of the Selection Board for selection of a candidate on such post.

(4) In selection of candidates for the post of Professor or Associate; Professor, the Selection Board may co-opt or consult experts in the subject, approved by the Board.

(5) The Board may revise the standing list of experts of a subject on the recommendations of the Selection Board.

7. Functions of the Selection Board.- (1) The Selection Board will:

(a) Consider the applications and recommend to the Board of Governors, the names of suitable candidates for appointment as the Officers, Teachers and other such employees, as maybe Prescribed, of the University;

(b) Consider all cases of promotion or selection of Officers, Teachers etc. of the University and recommend the suitable candidates.

(2) The Selection Board shall be the appointing authority for all such Officers, Teachers and employees of the University whose appointment procedure has not been provided in the Act.

8. Budget and Planning Committee.- (1) The Budget and Planning Committee will consist of:

(a) Vice Chancellor (Chairperson);

(b) All Deans/Head of the Institutes;

(d) Two Members of the Board to be nominated by the Board;

(e) Registrar (Secretary); and

(f) One Nominee of the Company.

(2) Four Members of the Budget and Planning Committee shall constitute the quorum for a meeting of the Budget and Planning Committee.

9. Functions of the Budget and Planning Committee.- (1) Propose and recommend annual development plans and budget estimates to the Board.

(2) Such other functions as maybe determined by the Board of Governors.

[1]This Act was passed by Provincial Assembly of the Punjab on 11 January 2023; assented to by the Governor of the Punjab on 23 January 2023; and was published in the Punjab Gazette (Extraordinary), dated 08 February 2023, Pages: 3811-20.

Pakistan (Punjab) Legislation

Lahore University of Biological and Applied Sciences Act 2023