University of Narowal Act 2018

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[1]THE UNIVERSITY OF NAROWAL ACT 2018

(Act X of 2018)

[20 March 2018]

An Act for the establishment of University of Narowal.

It is necessary in public interest to reconstitute and upgrade the sub-campus of University of Gujrat at Narowal as University of Narowal and to make necessary provisions for the purpose.

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

CHAPTER I

PRELIMINARY

1. Short title and commencement.- (1) This Act may be cited as the University of Narowal Act 2018.

(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 University of Narowal Act 2018;

(d) "Authority" means an Authority of the University;

(e) "chairperson" means the head of an academic department and includes the Principal of a constituent college or Director of an institute;

(f) "Chancellor" means Chancellor of the University;

(g) "Commission" means Higher Education Commission set up under the Higher Education Commission Ordinance, 2002 (LIII of 2002);

(h) "constituent college" means a college maintained and administered by the University;

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

(j) "Dean" means the head of a Faculty of the University;

(k) "department" means a teaching or research department maintained and administered by the University in the prescribed manner;

(l) "Faculty" means an administrative and academic unit of the University, consisting of one or more department, institute or constituent college;

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

(n) "institute" means an institute established, maintained and administered by the University;

(o) "prescribed" means prescribed by the Rules, Statutes or Regulations;

(p) "Pro-Chancellor" means Pro-Chancellor of the University;

(q) "Pro-Vice Chancellor" means Pro-Vice Chancellor of the University;

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

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

(t) "Statutes", "Regulations" and "Rules" respectively mean the Statutes, the Regulations and the Rules made or deemed to have been made under the Act;

(u) "Syndicate" means Syndicate of the University;

(v) "teacher" means a professor, an associate professor, an assistant professor, a lecturer, teaching assistant, demonstrator or instructor, engaged whole time by the University and includes any other person declared by Regulations as teacher;

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

(x) "University" means University of Narowal; and

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

CHAPTER II

THE UNIVERSITY

3. Incorporation.- (1) As soon as may be after the commencement of the Act, the sub-campus of University of Gujrat at Narowal shall, by notification in the official Gazette, be reconstituted as the University of Narowal in accordance with the provisions of the Act.

(2) The University shall be a body corporate by the name of University of Narowal and shall have a perpetual succession and a common seal and may, by the said name, sue and be sued.

(3) The University shall consist of the following:

(a) Chancellor;

(b) Pro-Chancellor;

(d) Pro-Vice Chancellor;

(e) members of Authorities;

(f) Chairpersons and Deans;

(g) teachers and students; and

(h) officers and members of the staff of the University.

(4) The University may acquire and hold property, both movable and immovable, and to lease, sell or otherwise transfer any property vested in it, or enter into contracts for purposes of the Act.

(5) The University may, with the approval of the Government, open and administer a sub-campus of the University after the expiry of ten years from the establishment of the University.

(6) All properties, rights and interests of whatever kind used, enjoyed, possessed, owned or vested in the sub-campus of University of Gujrat at Narowal and all liabilities legally subsisting against the said sub-campus shall stand transferred to the University.

(7) An employee, regular or on contract basis, serving the sub-campus of University of Gujrat at Narowal immediately before coming into force of the Act, shall stand transferred to the University, except an employee who is serving that sub-campus on deputation, with or without deputation allowance, and shall continue to serve the University as such and be liable to be transferred to the parent department or the University.

(8) Subject to the procedure notified by the University, an employee serving the sub-campus of University of Gujrat at Narowal on deputation with the University under subsection (7) may, within three hundred and sixty five days from the date of commencement of the Act, opt for absorption in the service of the University on such terms and conditions and in such manner as may be prescribed but such terms and conditions shall not be less favourable than those admissible to such an employee while in service of the University of Gujrat immediately before his deputation under subsection (7).

4. Functions of the University.- (1) The University shall:

(a) provide for instructions in such branches of learning as it may deem fit, and make provisions for teaching, training, research and for the application, advancement and dissemination of knowledge in such manner as it may determine;

(b) prescribe courses of studies;

(c) hold examinations in the prescribed manner and, if a person qualifies the examination, award degree, diploma, certificate or other academic distinction to the person;

(d) confer, in the prescribed manner, a degree on a person who has successfully conducted research;

(e) award, in the prescribed manner, an honorary degree or other academic distinction on such a person as the Chancellor, on the recommendations of the Syndicate, may approve;

(f) collaborate with other universities, research and educational institutions, and commercial or industrial organizations, in the public or private sector, or other public authorities in such manner and for such purposes as it may determine;

(g) institute such academic or other offices as may be required by the University;

(h) create posts in connection with teaching, research, development of technology, administration, and for any other purpose related thereto and to make appointment in the prescribed manner;

(i) institute and award fellowships, scholarships, medals, bursaries and prizes in the prescribed manner;

(j) institute Professorships, Associate Professorships, Assistant Professorships and Lecturerships and any other post and to appoint persons thereto;

(k) establish institutes, colleges, departments, faculties, centres of advanced studies, laboratories, workshops, hospitals, farms, institutions, museums and other centres of learning for the development of teaching and research and technological development and make such arrangements for their maintenance, management and administration as it may determine;

(l) establish, control and maintain University halls of residence for students and approve any place as hostel or lodging for students;

(m) supervise and control the discipline of students of the University and promote co-curricular and recreational activities of such students and make arrangements for promoting their health and general welfare;

(n) take disciplinary action against, and impose penalty on, students in the prescribed manner;

(o) charge and receive such fees and other payments as it may determine;

(p) enter into, carry out, vary or cancel contracts;

(q) receive and manage property (acquired or transferred), grants, bequests, trusts, gifts, donations, endowments and other contributions, made to the University, and to invest any fund representing such property, grants, bequests, trusts, gifts, donations, endowments or contributions, and to convert one kind of property into another in such manner as it may deem fit;

(r) provide for the printing, recording, broadcasting, publication and distribution of teaching material, research reports, papers and other works which may be issued by the University;

(s) inspect colleges, affiliated or seeking affiliation;

(t) affiliate or associate itself with Examination Bodies and other institutions within Pakistan or abroad and to establish facilities in Pakistan or abroad for the effective discharge of its functions and responsibilities;

(u) provide for teaching specified courses of training for persons not being the students of the University and grant certificates and diplomas to such persons; and

(v) do such other acts, whether incidental to the powers aforesaid or otherwise, as may be required for furthering the objectives of the University as a place of education, learning and research.

(2) The University may:

(a) institute programmes for the exchange of students and teachers between the University and any other university, educational institution or research organization;

(b) develop and implement fund-raising plans;

(c) accept an examination and the period of study spent by a student of the University at any other university or place of learning equivalent to an examination or period of study of the University and may withdraw such acceptance;

(d) cooperate with a public authority, university or private organization in the prescribed manner;

(e) make provision for research, advisory or consultancy services and, for the purpose, enter into arrangements with other institutions or organizations or with public or private bodies, commercial or industrial enterprises in the prescribed manner;

(f) admit any college or other educational institution to its privileges or withdraw such privileges in the prescribed manner; and

(g) affiliate or de-affiliate a college or any other educational institution within the territorial limits of Gujranwala division in the prescribed manner.

5. Jurisdiction of the University.- The jurisdiction of the University shall extend to Province of the Punjab.

6. University to be open to all classes and creeds.- Subject to such reasonable restrictions as may be prescribed by the Statutes, the University shall be open to all persons irrespective of gender, religion, race, creed, class or colour and no person shall be denied the privileges of the University on any such ground.

7. Teaching in the University.- (1) A discipline to be called Islamic and Pakistan Studies shall be offered as a compulsory subject at the Bachelor's level, in the University and affiliated colleges but the non-Muslim students may opt for Ethics and Pakistan Studies.

(2) A degree, diploma or certificate shall be granted to a student who fulfills the prescribed requirements for that degree, diploma or certificate.

(3) A continuous evaluation shall be built into the system of studies.

8. Fee and other charges.- The University may, from time to time but with the prior approval of the Syndicate, prescribe fees and other charges.

CHAPTER III

OFFICERS OF THE UNIVERSITY

9. Officers of the University.- The following shall be the officers of the University:

(a) Chancellor;

(b) Pro-Chancellor;

(d) Pro-Vice-Chancellor;

(e) Deans;

(f) Chairpersons;

(g) Teachers;

(h) Registrar;

(i) Treasurer;

(j) Controller of Examinations;

(k) Resident Auditor;

(l) Librarian; and

(m) such other persons as may be prescribed to be officers of the University.

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

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

(3) The University may, with the prior approval of the Chancellor, confer an honorary degree on a person of eminence.

(4) The Chancellor may, after affording an opportunity of being heard, remove any person from the membership of an Authority if such person:

(a) has become of unsound mind; or

(b) has become subject to any incapacity which prevents him from functioning as member of such Authority; or

(d) does not attend five consecutive meetings of the Authority, without intimation to the Vice-Chancellor; or

(e) has accepted any assignment which involves his absence from the country for a continuous period of more than six months, without intimation to the Vice-Chancellor.

(5) In the performance of his functions under the Act, the Chancellor shall act and be bound in the same manner as the Governor of a Province acts and is bound under Article 105 of the Constitution of the Islamic Republic of Pakistan.

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

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

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

(4) If the Syndicate fails to take action to the satisfaction of the Chancellor within the specified time, the Chancellor may issue such directions as the Chancellor deems appropriate and the Syndicate shall comply with the directions.

(5) The Chancellor may set aside a decision or action of the Syndicate, which, in his opinion, is against the law, interest of academic excellence of the University, religious or cultural ideology, or national integrity.

12. Revisional powers of the Chancellor.- The Chancellor may, on his own motion or otherwise, call for and examine the record of any proceedings in which an order has been passed by any Authority for purposes of satisfying himself as to the correctness, legality or propriety of any finding or order and may pass such orders as he may deem fit but no order shall be so passed unless the person likely to be affected thereby is afforded an opportunity of being heard.

13. Pro-Chancellor.- (1) Minister for Higher Education of the Government shall be the Pro-Chancellor of the University.

(2) The Pro-Chancellor shall perform functions under the Act and exercise such powers of the Chancellor, except the powers under sections 11 and 12, as may be prescribed or assigned to him by the Chancellor.

14. Vice Chancellor.- (1) A person who is eligible and is not more than sixty five years of age on the last date fixed for submission of applications for the post of Vice Chancellor may apply for the post.

(2) The Government shall determine, by notification in the official Gazette, the qualifications, experience and other relevant requirements for the post of the Vice Chancellor.

(3) The Government shall constitute, for a term of two years, a Search Committee consisting of not less than three and not more than five members for purposes of making recommendations for appointment of the Vice Chancellor.

(4) The Search Committee shall follow such procedure and criteria for selection of the panel for the post of the Vice Chancellor, as the Government may, by notification, determine.

(5) The Search Committee shall recommend to the Government, in alphabetical order without any preference, a panel of three persons who, in its opinion, are suitable for appointment as the Vice Chancellor.

(6) The Chancellor shall appoint the Vice Chancellor for a term of four years but he shall serve during the pleasure of the Chancellor.

(7) The Government shall determine the terms and conditions of service of the Vice Chancellor.

(8) The incumbent Vice Chancellor shall not be allowed any extension in his tenure but subject to eligibility he may again compete for the post of the Vice Chancellor in accordance with the procedure prescribed by or under this section.

(9) If the office of Vice Chancellor is vacant or the Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Pro-Vice Chancellor shall perform the functions of the Vice Chancellor but, if at any time, the office of Pro-Vice Chancellor is also vacant or the Pro-Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Chancellor shall make such temporary arrangements for the performance of the duties of the Vice Chancellor as he may deem fit.

15. Powers of the Vice Chancellor.- (1) The Vice Chancellor shall be the chief executive and academic officer of the University and shall ensure that the provisions of the Act, Statutes, Regulations and Rules are faithfully observed in order to promote teaching, research, technological development, publications, administration and the general efficiency and good order of the University.

(2) The Vice Chancellor shall preside over the meetings of the Authorities of which he is the Chairperson and be entitled to attend and preside over any meeting of any other authority or body of the University.

(3) Subject to such conditions as may be prescribed, the Vice Chancellor may, in an emergency, take an action which is not otherwise in the competence of the Vice Chancellor but is in the competence of any other Authority; but the Vice Chancellor shall, within seven days of taking an action under subsection (3), submit a report to the members of the Syndicate; and, the Syndicate shall, within forty five days of that action, pass such orders as it may deem appropriate.

(4) Subject to the general supervision and control of the Syndicate, the Vice Chancellor may:

(a) direct teachers, officers and other employees of the University to take up such assignments in connection with teaching, research, examination, administration and such other activities in relation to the University as he may consider necessary;

(b) sanction expenditure provided for in the approved budget and to re-appropriate funds within the same major head of expenditure;

(c) sanction and re-appropriate an amount not exceeding rupees one hundred and fifty thousand for an unforeseen item not provided for in the budget and report it to the Syndicate at its next meeting;

(d) appoint paper setters and examiners for all examinations of the University after receiving panels of names from the relevant authorities;

(e) make such arrangements for the scrutiny of papers, marks and results as he may consider necessary;

(f) exercise general control and supervision over the system of examinations in the University;

(g) appoint visiting Professors in various disciplines for a period not more than one academic year on the terms and conditions as prescribed;

(h) delegate, subject to such conditions, if any, as may be prescribed, any of his powers under this Act to an officer of the University; and

(i) exercise and perform such other powers and functions as may be prescribed.

16. Pro-Vice Chancellor.- (1) The Chancellor shall nominate the Pro-Vice Chancellor of the University, from amongst three senior most Professors of the University, for a term of three years.

(2) A Pro-Vice Chancellor shall perform such functions as may be assigned to him under the Act, Statutes or Regulations.

(3) The Syndicate or the Vice Chancellor may assign any other functions to the Pro-Vice Chancellor in addition to his duties as Professor.

17. Registrar.- (1) The Registrar shall be a whole time officer of the University and shall be the administrative head of the secretariat of the University and be responsible for the provision of the secretarial support to the Syndicate and the Vice Chancellor.

(2) No person shall be appointed as Registrar unless he possesses the prescribed qualifications, experience and other requirements, if any.

(3) The Syndicate shall recommend to the Government, in alphabetical order, a panel of three persons short-listed through a competitive process for appointment as Registrar.

(4) The Chancellor, on the recommendations of the Government, shall appoint the Registrar for each term of three years in such manner and on such terms and conditions as may be prescribed.

(5) The Registrar, under the general supervision of the Vice-Chancellor, shall:

(a) be the custodian of the Common Seal and the academic records of the University;

(b) maintain a register of Registered Graduates in the prescribed manner;

(d) be the Secretary of the Syndicate, the Academic Council, the Advanced Studies and Research Board, the Selection Board and such other Committees as may be prescribed; and

(e) perform such other duties as may be prescribed or as the Vice Chancellor or the Syndicate may assign.

(6) When the office of the Registrar is vacant or the Registrar is absent or unable to perform his functions owing to any cause, the Chancellor shall make temporary arrangements for performance of duties of the Registrar but the period of such temporary arrangements shall not exceed six months, and the Registrar shall be appointed during that period.

18. Treasurer.- (1) The Treasurer shall be a whole time officer of the University.

(2) No person shall be appointed as Treasurer unless he possesses the prescribed qualifications, experience and other requirements, if any.

(3) The Syndicate shall recommend to the Government, in alphabetical order, a panel of three persons short-listed through a competitive process for appointment as Treasurer.

(4) The Chancellor, on the recommendations of the Government, shall appoint the Treasurer for each term of three years in such manner and on such terms and conditions as may be prescribed.

(5) The Treasurer shall:

(a) manage the assets, liabilities, receipts, expenditure, funds and investments of the University;

(b) prepare the annual and revised budget estimates of the University and present the estimates to the Finance and Planning Committee and the Syndicate;

(d) ensure that the accounts of the University are audited annually and are available for submission to the Syndicate by 31 December each year; and

(e) perform such other functions as may be prescribed or assigned to him by the Vice Chancellor or the Syndicate.

(6) The Treasurer shall be the Secretary of the Finance and Planning Committee.

(7) When the office of the Treasurer is vacant or the Treasurer is absent or unable to perform his functions owing to any cause, the Chancellor shall make temporary arrangements for the performance of duties of the Treasurer but the period of such temporary arrangements shall not exceed six months, and the Treasurer shall be appointed during that period.

19. Controller of Examinations.- (1) The Controller of Examinations shall be a whole time officer of the University.

(2) No person shall be appointed as Controller of Examinations unless he possesses the prescribed qualifications, experience and other requirements, if any.

(3) The Syndicate shall recommend to the Government, in alphabetical order, a panel of three persons short-listed through a competitive process for appointment as Controller of Examinations.

(4) The Chancellor, on the recommendations of the Government, shall appoint the Controller of Examinations for each term of three years in such manner and on such terms and conditions as may be prescribed.

(5) The Controller of Examinations shall be responsible for all matters connected with the conduct of examinations and shall perform such other duties as may be prescribed or assigned by the Vice Chancellor or the Syndicate.

(6) When the office of the Controller of Examinations is vacant or the Controller of Examinations is absent or unable to perform his functions owing to any cause, the Chancellor shall make temporary arrangements for performance of duties of the Controller of Examinations but the period of such temporary arrangements shall not exceed six months, and the Controller of Examinations shall be appointed during that period.

20. Resident Auditor.- (1) The Syndicate shall appoint, on deputation, a Resident Auditor of the University, from amongst the panel recommended by the Government.

(2) The University shall request the Government to send a panel of three Government officers qualified to be appointed as Resident Auditor of the University.

(3) The Resident Auditor shall hold office for each term of three years.

(4) The Resident Auditor shall perform such functions as are prescribed or as the Syndicate may assign.

(5) When the office of the Resident Auditor is vacant or the Resident Auditor is absent or unable to perform his functions owing to any cause, the Chancellor shall make temporary arrangements for performance of duties of the Resident Auditor but the period of such temporary arrangements shall not exceed six months, and the Resident Auditor shall be appointed during that period.

21. Other appointments.- The University may appoint such persons in its service as may be necessary in such manner and on such terms and conditions as may be prescribed.

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY

22. Authorities of the University.- The following shall be the Authorities of the University:

(a) Syndicate;

(b) Academic Council;

(d) Board of Advanced Studies and Research;

(e) Boards of Studies;

(f) Selection Board;

(g) Finance and Planning Committee;

(h) Affiliation Committee;

(i) Discipline Committee; and

(j) such other Authorities as may be prescribed under the Statutes.

23. Syndicate.- (1) The Syndicate shall consist of:

(a) Pro-Chancellor (Chairperson);

(b) Vice Chancellor;

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

(e) Secretary to the Government, Finance Department or his nominee not below the rank of an Additional Secretary;

(f) Secretary to the Government, Law and Parliamentary Affairs Department or his nominee not below the rank of an Additional Secretary;

(g) Chairperson of the Commission or his nominee not below the rank of a whole-time member of the Commission;

(h) Chairperson of the Punjab Higher Education Commission or his nominee not below the rank of a whole-time member of the Commission;

(i) two members of the Provincial Assembly of the Punjab, including at least one female member of the Assembly, to be nominated by the Speaker of the Assembly;

(j) one Vice Chancellor of any public sector University in the Punjab to be nominated by the Chancellor;

(k) two Deans to be nominated by the Chancellor;

(l) one Principal of an affiliated college to be nominated by the Government; and

(m) five persons, including at least two women, of eminence, to be nominated by the Chancellor.

(2) The Registrar shall be the Secretary of the Syndicate.

(3) The Pro-Chancellor may nominate a member of the Syndicate to preside over a meeting of the Syndicate in his absence.

(4) The members of the Syndicate, other than ex-officio members, shall hold office for a term of three years.

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

(6) The Registrar shall, with the approval of the Chairperson of the Syndicate, summon a meeting of the Syndicate.

(7) The Syndicate shall take decision by majority of the votes of members present and voting and the Registrar shall clearly reflect in the minutes of the meeting the dissent, if any, along with the reasons of such dissent.

24. Powers and duties of the Syndicate.- (1) The Syndicate shall be the executive body of the University and shall, subject to the provisions of this Act and the Statutes, take effective measures to raise the standard of teaching, research, technological development, publication and other academic pursuits and exercise general supervision over the affairs of the University and the management of its property.

(2) Without prejudice to the generality of the foregoing powers and subject to the provisions of the Act, the Syndicate may:

(a) hold, control and administer the property and funds of the University;

(b) govern and regulate, with due regard to the advice of the Finance and Planning Committee in this behalf, the finances, accounts and investments of the University and, for that purpose, to appoint such agents as it may deem fit;

(c) consider and approve the annual report, the annual and revised budget estimates and to re-appropriate funds from one major head of expenditure to another;

(d) transfer and accept transfer of movable or immovable property on behalf of the University;

(e) enter into, vary, carry out or cancel contracts on behalf of the University;

(f) cause proper books of account to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University;

(g) invest any money belonging to the University including any unapplied income in any of the securities described in section 20 of the Trusts Act, 1882 (II of 1882), or in the purchase of immovable property or in such other manner, as it may determine, with the like power of varying such investments;

(h) receive and manage any property transferred, grants, bequests, trusts, gifts, donations, endowments and other contributions made to the University;

(i) determine the form, custody and regulation of the use of the common seal of the University;

(j) provide buildings, libraries, premises, furniture, apparatus, equipment and other means required for carrying out the work of the University;

(k) establish and maintain halls of residence and hostels or approve or license hostels or lodgings for the residence of students;

(l) affiliate or de-affiliate a college;

(m) admit educational institutions to the privileges of the University and withdraw such privileges;

(n) arrange for the inspection of the academic departments;

(o) institute Professorships, Associate Professorships, Assistant Professorships, Lecturership and other posts, and suspend or abolish such posts;

(p) create, suspend or abolish such administrative, technical, research, extension or other posts as may be necessary;

(q) appoint University teachers and other officers on the recommendation of the Selection Board for teaching and other posts in BS-17 or equivalent and above;

(r) confer, with prior approval of the Chancellor, an honorary degree on a person of eminence in the prescribed manner;

(s) prescribe the duties of the officers, teachers and other employees of the University and of those working in the University on deputation or on contract;

(t) appoint members to the various Authorities, committees and bodies in the prescribed manner;

(u) remove any person from the membership of an Authority if such person has accepted any assignment which involves absence from the University for a continuous period not less than six months;

(v) regulate, determine and administer all other matters concerning the University and to that end exercise all necessary powers not specifically mentioned in the Act and Statutes but not inconsistent with the provisions of the Act and Statutes;

(w) appoint Professor Emeritus on such terms and conditions as may be prescribed;

(x) suspend, punish and remove from service in the prescribed manner officers, teachers and employees whom it is empowered to appoint;

(y) consider and approve Regulations recommended by the Academic Council;

(z) approve Statutes and recommend the drafts of such Statutes as require approval of the Chancellor under the Act; and

(aa) perform such other functions as may be assigned to it under the Act and the Statutes.

(3) The Syndicate may delegate any of its functions to an Authority or officer or a committee or sub-committee except the following functions:

(a) approval of Statutes or recommendation of the drafts of the Statutes to the Chancellor;

(b) approval of Regulations;

(c) approval of annual budget of the University, annual report, the annual and revised budget estimates and re-appropriation of funds from one major head of expenditure to another;

(d) approval of investment or purchase of immovable property by the University;

(e) transfer of immovable property of the University; and

(f) approval of any major policy decisions.

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

(a) Vice Chancellor (Chairperson);

(b) Pro-Vice Chancellor;

(d) Director, Board of Advanced Studies and Research;

(e) two senior most Professors, other than ex-officio members, from each academic department;

(f) all Professors Emeritus;

(g) Chairpersons of the academic departments;

(h) two Associate Professors, two Assistant Professors and two Lecturers, to be elected by and from among themselves, out of whom at least two shall be women;

(i) an eminent person each in pure sciences, social sciences and arts to be nominated by the Chancellor in consultation with the Vice-Chancellor but at least one of them shall be a woman;

(j) Secretary to the Government, Higher Education Department or his nominee not below the rank of a Deputy Secretary;

(k) Director Public Instructions (Colleges) of the Government;

(l) Librarian of the University;

(m) Controller of Examinations;

(n) five experts in the field of education, including at least two women, to be nominated by the Chancellor; and

(o) Registrar (Member/Secretary).

(2) A member of the Academic Council, other than an ex officio member, shall hold office for a period of three years and, the vacancy, if any, shall be filled for the remaining period in the prescribed manner.

(3) The quorum for a meeting of the Academic Council shall be one-third of the total number of members, a fraction being counted as one.

26. Powers and duties of the Academic Council.- (1) The Academic Council shall be the academic body of the University and shall, subject to the provisions of the Act, the Statutes and the Regulations, 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 and affiliated colleges.

(2) In particular and without prejudice to the generality of the foregoing provisions, the Academic Council may:

(a) advise the Syndicate on academic matters;

(b) regulate teaching, research and examinations;

(c) regulate the admission of students to the courses of studies and examinations of the University and affiliated colleges;

(d) regulate the award of studentships, scholarships, medals and prizes;

(e) regulate the conduct and discipline of students of the University and affiliated colleges;

(f) propose to the Syndicate the schemes for the constitution and organization of faculties, institutes and other academic bodies;

(g) propose Regulations on the recommendations of the Boards of Faculties and the Boards of Studies for consideration and approval of the Syndicate;

(h) propose for each academic year, on the recommendations of the Boards of Studies, Regulations prescribing the courses of studies, the syllabi and the outlines of tests for all examinations; but, if the recommendations of a Board of Faculties or Board of Studies are not received by the prescribed date, the Academic Council may, subject to the approval of the Syndicate, permit such Regulations to continue for the following year;

(i) recognize the examinations of other Universities or examining bodies as equivalent to the corresponding examinations of the University;

(j) appoint members to the Authorities in accordance with the provisions of the Act; and

(k) perform such other functions as may be prescribed by the Statutes or assigned by the Syndicate.

27. Board of Faculty.- (1) The University shall consist of such faculties as are prescribed in the Statutes.

(2) There shall be a Board of Faculty for each Faculty, consisting of:

(a) Dean of the Faculty (Chairperson);

(b) Professors and Chairpersons in the Faculty;

(c) two members to be nominated by the Academic Council on the basis 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;

(d) two experts, including at least one woman, in the field from outside the University to be appointed by the Syndicate; and

(e) one member from amongst the officers of the University to be nominated by the Vice Chancellor.

(3) The members, other than ex-officio members, of a Board of Faculty shall hold office for a period of three years.

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

(5) A Board of Faculty, subject to the general control of the Syndicate and Academic Council, may:

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

(b) scrutinize the recommendations of a Board of Studies in 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;

(d) prepare a comprehensive annual report regarding the performance of each department, constituent college or institute comprising the Faculty for presentation to the Academic Council; and

(e) perform such other functions as may be prescribed by the Statutes.

28. Dean.- (1) There shall be a Dean of each Faculty, who shall be the Chairperson and Convener of the Board of Faculty.

(2) The Dean of a Faculty shall be appointed by the Chancellor from amongst the three senior most Professors in the Faculty for a period of three years and shall be eligible for re-appointment:

Provided that if no Professor is available in a Faculty, a Professor from some other Faculty may act as Dean till a Professor of the Faculty itself is appointed.

(3) The Dean shall present candidates for admission to degrees except honorary degrees, in the courses falling within the purview of the Faculty.

(4) The Dean shall exercise such administrative and academic powers as may be delegated to him.

29. Teaching Departments and Chairpersons.- (1) There shall be a Teaching Department or an Institute for each subject or a group of subjects, as may be prescribed by the Regulations and each Teaching Department or an Institute shall, as the case may be, headed by the Chairperson.

(2) The Chairperson of a Teaching Department or Director of an Institute shall be appointed by the Syndicate on the recommendation of the Vice-Chancellor from amongst the three senior most Professors of the Department or as the case may be, an Institute for a period of three years and shall be eligible for re-appointment but if, in a Department or Institute, three Professors are not available, the appointment shall be made from amongst the three senior most Professors and Associate Professors of the Department or Institute:

Provided that in a Department or an Institute, where there is no Professor or Associate Professor, no such appointment shall be made and the Department or the institute shall be looked after by the Dean of the Faculty with the assistance of the senior most teacher of the Department or Institute.

(3) The Chairperson shall plan, organize and supervise the work of the Department or Institute and shall be responsible to the Dean for the work of his Department or Institute.

30. Board of Advanced Studies and Research.- (1) The Board of Advanced Studies and Research shall consist of:

(a) Vice Chancellor (Chairperson);

(b) all the Deans;

(d) one University Professor from each Faculty to be nominated by the Syndicate;

(e) one member from amongst the officers of the University to be nominated by the Vice Chancellor; and

(f) three members from the relevant field, research organizations and the Government, including at least one woman from any of the categories, to be nominated by the Syndicate; and

(g) 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.

31. Functions of the Board of Advanced Studies and Research.- The Board of Advanced Studies and Research shall:

(a) advise the Authorities on all matters connected with the promotion of advanced studies and research publications in the University;

(b) consider and report to the Authorities with regard to research degrees of the University;

(d) appoint supervisors for research study and to determine subjects of their thesis;

(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 Statutes.

32. Boards of Studies.- (1) There shall be a separate Board of Studies for each subject or group of subjects as may be prescribed by Regulations.

(2) A Board of Studies shall consist of:

(a) all teachers of the department concerned;

(b) experts or teachers, not less than three but not more than five, other than University teachers, to be determined and appointed by the Syndicate according to the need of each Board; and

(c) not more than five teachers of the affiliated colleges, teaching graduate and post-graduate courses in a specific subject, to be nominated by the Academic Council.

(3) The term of office of members of a Board of Studies, other than ex-officio members, shall be three years.

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

(5) The Chairperson of the concerned Department shall be the Chairperson of the Board of Studies.

33. Functions of Boards of Studies.- A Board of Studies shall perform the following functions:

(a) to advise the Authorities on all academic matters connected with instruction, publication, research and examination in the subject or subjects concerned;

(b) to propose curricula and syllabi for all degrees, diplomas and certificate courses in the subject or subjects concerned;

(d) to undertake such other functions as may be prescribed by the Regulations.

34. Selection Board.- (1) The Selection Board shall consist of:

(a) Vice Chancellor (Chairperson);

(b) Dean of the Faculty concerned;

(d) one member of the Syndicate to be nominated by the Syndicate;

(e) one eminent scholar to be nominated by the Syndicate;

(f) two experts, including at least one woman, to be nominated by the Government; and

(g) Registrar (Member/Secretary).

(2) The members, other than ex-officio members, shall hold office for a period of three years.

(3) Five members including at least one expert shall constitute the quorum for a meeting of the Selection Board.

(4) 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 the proceedings of the Selection Board for selection of a candidate to such post.

(5) In selection of candidates for the post of Professor or Associate Professor, the Selection Board shall co-opt or consult three experts in the subject and in selecting candidates for any other teaching post, two experts in the subject, to be nominated by the Vice Chancellor from a standing list of experts for each subject approved by the Syndicate.

(6) The Syndicate may approve or revise the standing list of experts of a subject on the recommendation of the Selection Board.

35. Functions of the Selection Board.- The Selection Board shall:

(a) consider the applications and recommend to the Syndicate, the names of suitable candidates for appointment to teaching and other posts and recommend suitable salary for the selected candidate; and

(b) consider all cases of promotion of officers of the University and recommend the names of suitable candidates for such promotion to the Syndicate.

36. Finance and Planning Committee.- (1) The Finance and Planning Committee shall consist of:

(a) Vice Chancellor (Chairperson);

(b) all the Deans;

(d) one member of the Academic Council to be nominated by the Academic Council;

(e) one representative each from Higher Education Department and Finance Department of the Government not below the rank of a Deputy Secretary;

(f) Director Planning or any other nominee of the Commission;

(g) one nominee, who deals with finance and planning, of the Punjab Higher Education Commission;

(h) Registrar; and

(i) Treasurer (Member/Secretary).

(2) The term of office of the nominated members shall be three years.

(3) Six members of the Finance and Planning Committee shall constitute the quorum for a meeting of the Finance and Planning Committee.

37. Functions of the Finance and Planning Committee.- The Finance and Planning Committee shall:

(a) prepare the annual statement of accounts and propose annual budget estimates and make recommendations to the Syndicate;

(b) periodically review the financial position of the University;

(d) perform such other functions as may be prescribed by the Statutes.

38. Affiliation Committee.- (1) The Affiliation Committee shall consist of:

(a) the Chairperson to be nominated by the Syndicate;

(b) two Professors to be nominated by the Academic Council;

(d) a representative of the Higher Education Department not below the rank of a Deputy Secretary.

(2) The term of office of the members of the Committee, other than ex officio members, shall be two years.

(3) The Affiliation Committee may co-opt not more than three experts who shall be counted for the quorum of an inspection by the Affiliation Committee.

(4) The quorum for a meeting of, or an inspection by, the Affiliation Committee shall be three.

(5) The Deputy Registrar dealing with the affiliation cases or such other person as may be designated by the Vice-Chancellor for this purpose shall act as Secretary of the Committee.

39. Functions of the Affiliation Committee.- The functions of the Affiliation Committee shall be to:

(a) inspect the educational institution seeking affiliation with or admission to the privileges of the University and to advise the Syndicate thereon;

(b) inquire into complaints alleging breach of conditions of affiliation by the affiliated colleges and to advise the Syndicate thereon; and

40. Discipline Committee.- (1) The Discipline Committee shall consist of:

(a) the Chairperson to be nominated by the Vice-Chancellor;

(b) two Professors to be nominated by the Academic Council;

(d) the teacher or officer-in-charge of students' affairs, by whatever name called (Member/Secretary).

(2) The term of office of the members of the Committee, other than ex officio members, shall be two years.

(3) The quorum for a meeting of Discipline Committee shall be four members.

41. Functions of the Discipline Committee.- The functions of the Discipline Committee shall be to:

(a) propose Regulations to the Academic Council relating to the conduct of University students, maintenance of discipline and breach of discipline; and

(b) perform such other functions as may be prescribed.

42. Appointment of Committees by Authorities.- An Authority by Statutes may, from time to time, appoint such standing, special or advisory committees as it may deem fit, and may nominate such persons on these committees as are not members of the Authorities appointing the committees.

Chapter V

Statutes, RegulationS and Rules

43. Statutes.- (1) Subject to the provisions of the Act, the Syndicate may make Statutes to provide for and regulate all or any of the following matters:

(a) scales of pay, method of recruitment and other terms and conditions of service of officers, teachers and other employees of the University and the constitution of their pension, insurance, gratuity, provident fund and benevolent fund;

(b) conduct and discipline of the officers, teachers and other employees of the University;

(d) affiliation and de-affiliation of colleges and institutes and related matters;

(e) admission of educational institutions to the privileges of the University and the withdrawal of such privileges;

(f) establishment of institutes, faculties, constituent colleges, departments and academic divisions;

(g) powers and duties of officers, teachers and employees of the University;

(h) conditions for appointment of Professors Emeritus;

(i) conditions on which the University may enter into arrangements with public bodies or other organizations for purposes of research and advisory services;

(j) general scheme of studies including the duration of courses, the system of examinations and the number of subjects and papers for examinations;

(k) award of honorary degrees;

(l) maintenance of register of students and registered graduates; and

(m) all other matters which are to be prescribed or regulated by the statutes.

(2) The Syndicate shall propose the draft of Statutes under clauses (a) and (b) of subsection (1) to the Chancellor who may approve the Statutes with or without any modifications or may refer the Statutes back to the Syndicate for reconsideration or may reject the Statutes:

Provided that:

(a) the Statutes affecting the constitution or powers of any Authority shall not be proposed or approved until such Authority has been given an opportunity of expressing its opinion in writing on the proposal;

(b) the Statutes under clauses (a) and (b) of subsection (1) shall not be effective until they have been approved by the Chancellor.

44. Regulations.- (1) Subject to the provisions of the Act and the Statutes, Regulations may be made for any of the following matters:

(a) courses of study for degrees, diplomas and certificates of the University;

(b) manner of teaching in the University and an affiliated colleges;

(c) admission of students to the University and conditions under which they are admitted or allowed to take courses and examinations of the University and become eligible for the award of degrees, diplomas and certificates;

(d) conduct of examinations;

(e) fees and other charges to be paid by the students for admission to the courses of study and the examinations of the University;

(f) conduct and discipline of students of the University;

(g) conditions of residence of the students of the University including the levying of fees for residence in halls of residence and hostels;

(h) approval and licensing of hostels and lodgings;

(i) conditions under which a person should conduct research to entitle him to a degree;

(j) institution of fellowships, scholarships, exhibitions, medals and prizes;

(k) institution of stipends and free and half-free studentship;

(l) academic costumes;

(m) use of the library; and

(n) establishment of academic departments.

(2) The Academic Council shall prepare and submit the Regulations to the Syndicate and the Syndicate may approve them with or without modifications or refer them back to the Academic Council for reconsideration or reject them.

45. Rules.- (1) An Authority or a body of the University may make Rules consistent with the Act, Statutes and Regulations, to regulate the conduct of its business.

(2) The Syndicate may direct an Authority or a body of the University to amend or repeal any Rules made by the Authority or body.

CHAPTER VI

FINANCES

46. University Fund.- (1) There shall be a Fund to be known as the University of Narowal Fund to which shall be credited its income from fees, donations, trusts, bequests, endowments, contributions, grants, and other sources.

(2) The University may accept donations in the shape of land, vehicles, equipment or any other items that may facilitate the functioning of the University and all such donations shall be used, maintained and disposed of by the University in the prescribed manner.

47. Budget, audit and accounts.- (1) 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 Syndicate.

(2) No expenditure shall be made from the University Fund unless:

(a) the expenditure is included in the approved budget of the University; and

(b) a bill for its payment has been audited by the Resident Auditor in conformity with the Statutes, Regulations and Rules.

(3) The annual statement of accounts of the University signed by the Treasurer and the Resident Auditor shall be submitted to the Government within six months of the closing of the financial year.

(4) The accounts of the University together with audit objections, if any, and the observations of the Auditor appointed by the Government and the Treasurer shall, in the prescribed manner, be presented to the Syndicate with the remarks of the Finance and Planning Committee.

Chapter VII

Miscellaneous

48. Appeal.- (1) If an order is passed by an Authority, body or officer of the University, other than the Chancellor, and an appeal against the order is not provided under the statutes or the regulations, an aggrieved person may, within thirty days of the receipt of the order, prefer an appeal to the Syndicate against the said order.

(2) The Syndicate may constitute a committee of its members to hear and dispose of the appeal under subsection (1) on behalf of the Syndicate.

(3) If a member of the Syndicate is the officer who passed the order or who is also member of the authority against whose order, the appeal filed, such member shall not hear the appeal as member of the Syndicate or the committee constituted to hear and dispose of the appeal.

(4) The person aggrieved by a final order of the Syndicate, other than an order on an appeal under subsection (1), may, within thirty days of the receipt of the order, prefer an appeal to the Chancellor and the Chancellor may pass such orders as he may deem fit.

49. Tripartite mobility.- (1) Any officer, teacher of the Government or employee of the University on the recommendation of the Syndicate may be directed to serve in any post in the University or under the Government or an educational or research institution in public interest.

(2) The Government may, in consultation with the Selection Board, place the services of an employee of the Government or of any other University or an educational or research institution at the disposal of the University in the public interest.

(3) The terms and conditions of service of an officer or employee under this section shall not be less favourable than those enjoyed by him immediately before his services are placed at the disposal of the University, Government, educational or research institution, and full benefit of his previous service shall continue to remain in force until altered in accordance with law.

50. Transition.- The Chancellor shall constitute a Chancellors Committee to exercise the powers assigned to the Syndicate under the Act till such time the Syndicate is constituted in accordance with the provisions of the Act.

51. Removal of difficulties.- If any difficulty arises in giving effect to any of the provisions of the Act, the Government may give such directions, not inconsistent with the Act, as it may consider necessary for the removal of such difficulty.

52. Indemnity.- No suit or legal proceedings shall lie against the Government, the University or any Authority, officer or employee of the Government or the University or any person in respect of anything which is done in good faith under the Act.

53. Savings.- On the commencement of the Act, everything done, action taken, obligations and liabilities incurred, rights and assets acquired, persons appointed or authorized, jurisdictions or powers conferred, endowments, bequests, funds or trusts created, donations or grants made, orders issued immediately before the commencement of the Act in respect of the sub-campus of the University of Gujrat at Narowal shall be deemed to have respectively been done, taken, incurred, acquired, appointed, conferred, created, made or issued under the Act.

[1]This Act was passed by the Punjab Assembly on 14 March 2018; assented to by the Governor of the Punjab on 19 March 2018; and, was published in the Punjab Gazette (Extraordinary), dated 20 March 2018, pages 6629-46.

Pakistan (Punjab) Legislation

University of Narowal Act 2018