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ACT NO. XIII OF 2011

NATIONAL DEFENCE UNIVERSITY ACT, 2011

An Act to provide for the establishment of the National Defence University at Islamabad

[Gazette of Pakistan, Extraordinary, Part-I, 17th May, 2011]

No. F. 9(4)/2011-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 14th May, 2011, is hereby published for general information:—

WHEREAS, in view of the everlasting need of an apex institution to impart higher education in the fields of national defence and security to meet contemporary and future challenges and to promote our national interests, it is imperative to establish a world class seat of learning to disseminate knowledge related to strategy, statecraft, security, management and other relevant areas of study and to provide for matters connected therewith or ancillary thereto.

 

It is hereby enacted as follows:—

CHAPTER-I 

PRELIMINARY

1.         Short title and commencement.—(1) This Act may be called the National Defence University Act, 2011.

(2)  It shall come into force at once and shall be deemed to have taken effect on the 5th day of June, 2007.

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)        "Affiliated College or Institute" means an educational institution affiliated to the University but not maintained or administered by it;

(c)        "Authority" means any of the authorities of the University specified or set up under Section 15;

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

(e)        "Commandant" means the head of the constituent or affiliated college;

(f)        "College" means a college constituted or affiliated with the University;

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

(h)        "Constituent College or Institute" means an educational institution, by whatever name described, maintained and administered by the University;

(i)         "Dean" means the head of a Faculty or the head of an academic body granted the status of a Faculty by this Act or by the Statutes or Regulations;

(j)         "Director-General" means the head of the constituent or affiliated institute;

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

(l)         "Faculty" means an administrative and academic unit of the University consisting of one or more departments, as prescribed;

(m)       "Government" means the Federal Government;

(n)        "National Defence College" means the National Defence College established under the Government of Pakistan Resolution No. NDC/102/1/A, dated the 16th March, 1971;

(o)        "prescribed" means prescribed by Statutes, Regulations or Rules made under this Act;

(p)        "President" means President of the University appointed under Section 10;

(q)        "Representation Committees" means the Representation Committees constituted under Section 23;

(r)        "Review Panel" means the Review Panel set up by the Chancellor in accordance with the provisions of Section 8;

(s)        "Statutes", "Regulations" and "Rules" mean respectively the Statutes, the Regulations and the Rules made under this Act;

(t)         "Senate" means the Senate of the University;

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

(v)        "Teachers" include Professors, Directing Staff (DS), Associate Professors, Assistant Professors and Lecturers engaged whole-time by the University or by a constituent or affiliated college and such other persons as may be declared to be the teachers by regulations;

(w)       "University" means the National Defence University (NDU) established under this Act; and

(x)        "University Teacher" means a whole-time teacher appointed and paid by the University or recognized by the University as such.

CHAPTER-II 

THE UNIVERSITY

3.         Establishment and incorporation of the University.—(1) There shall be established a University to be called the National Defence Universitywhich shall consist of the following, namely:—

(a)        the Chancellor, the members of the Senate and the President;

(b)        the members of the authorities of the University established under Section 15;

(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.

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

(3)        The principal seat of the University shall be at Islamabad and it may set up any number of campuses, colleges and institutes at such places inPakistan and abroad as the Senate may, from time to time, determine in accordance with the prescribed procedure and applicable laws.

(4)        The University shall be competent to acquire and hold property, both movable and immovable and to lease, sell or otherwise transfer any movable and immovable property which may have become vested in or been acquired by it.

(5)        The University shall have academic, financial and administrative autonomy, including the power to employ officers, teachers and other employees on such terms as may be prescribed, subject to the provisions of this Act and the Higher Education Commission Ordinance, 2002 (LIII of 2002).

(6)        In particular and without prejudice to the authority granted to the Commission by the law, the Government or an authority or auditor appointed by the Government shall have no power to question the policy underlying the allocation of resources approved by the Senate in the annual budget of the University.

4.         Purposes and powers of the University.—The University shall have the following purposes and powers, namely:—

(i)         to provide for education and scholarship in such branches of knowledge as it may deem fit, and to make provision for research, service to society and for the application, advancement and dissemination of knowledge in such manner as it may determine;

(ii)        to prescribe courses of studies to be conducted by it and the colleges;

(iii)       to hold examinations and to award and confer degrees, diplomas, certificates and other academic distinctions to and on persons who have been admitted to and have passed its examinations under prescribed conditions;

(iv)       to prescribe the terms and conditions of employment of the officers, teachers and other employees of the University and to lay down terms and conditions that may be different from those applicable to Government servants in general;

(v)        to engage, where necessary, persons on contracts of specified duration and to specify the terms of each engagement;

(vi)       to confer honorary degrees or other distinctions on approved persons in the manner prescribed;

(vii)      to provide for such instruction for persons not being students of the University as it may prescribe, and to grant certificates and diplomas to such persons;

(viii)     to institute programmes for the exchange of students and teachers between the University and other universities, educational institutions and research organizations, inside as well as outside Pakistan;

(ix)       to provide career counselling and job search services to students and alumni;

(x)        to maintain linkages with alumni;

(xi)       to develop and implement fund raising plans;

(xii)      to provide and support the academic development of the faculty of the University;

(xiii)     to confer degrees on persons who have carried on independent research under prescribed conditions;

(xiv)     to affiliate and disaffiliate educational institutions under prescribed conditions;

(xv)      to inspect colleges and other educational institutions affiliated or seeking affiliation with it;

(xvi)     to accept the examinations passed and the period of study spent by students of the University at other universities and places of learning equivalent to such examinations and periods of study in the University, as it may prescribe, and to withdraw such acceptance;

(xvii)    to co-operate with other Universities, public authorities or private organizations, inside as well as outside Pakistan, in such manner and for such purposes as it may prescribe;

(xviii)   to institute professorships, associate professorships, assistant professorships and lectureships and any other posts and to appoint persons thereto;

(xix)     to create posts for research, extension, administration and other related purposes and to appoint persons thereto;

(xx)      to recognize selected members of the teaching staff of affiliated colleges or educational institutions admitted to the privileges of the University or such other persons as it may deem fit, as University teachers;

(xxi)     to institute and award financial assistance to students in need, fellowships, scholarships, bursaries, medals and prizes under prescribed conditions;

(xxii)    to establish teaching departments, colleges, faculties, institutes, workshops, libraries, museums and other centres of learning for the development of teaching and research and to make such arrangements for their maintenance, management and administration as it may prescribe;

(xxiii)   to provide for the residence of the students of the University and the colleges, to institute and maintain halls of residence and to approve or license hostels and lodging;

(xxiv)   to maintain order, discipline and security on the campuses of the University and the colleges;

(xxv)    to promote the extra curricular and recreational activities of such students, and to make arrangements for promoting their health and general welfare;

(xxvi)   to demand and receive such fees and other charges as it may determine;

(xxvii)  to make provision for research, advisory or consultancy services and with these objects to enter into arrangements with other institutions, public or private bodies, commercial and industrial enterprises under prescribed conditions;

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

(xxix)   to receive and manage property transferred and grants, contributions made to the University and to invest any fund representing such property, grants, bequests, trusts, gifts, donations, endowments or contributions in such manner as it may deem fit;

(xxx)    to provide for the printing and publication of research and other works; and

(xxxi)   to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite or expedient in order to further the objectives of the University as a place of education, learning, and research.

5.  University open to all classes, creeds, etc.—(1) The University shall be open to all persons of either gender and of whatever religion, race, creed, class, colour or domicile who qualify for admission to the courses of study offered by the University based on the criteria determined by the Syndicate and no person shall be denied the privileges of the University on the ground only of religion, race, caste, creed, class, colour or domicile.

(2)        An increase in any fee or charge that is in excess of ten percent per annum on an annualized basis from the last such increase shall not be made except in special circumstances, and only with the approval of the Chancellor.

(3)        The University shall institute financial aid programmes for students in need, to the extent considered feasible by the Senate given the resources available, so as to enable admission and access to the University and the various opportunities provided by it to be based on merit rather than ability to pay:

Provided that the University may institute self-finance schemes not covering more than ten percent of the total number of candidates in any on-campus taught course or research-based programme of study.

6.         Teaching at the University.—(1) All recognized teaching in various courses shall be conducted by the University or the colleges in the prescribed manner and may include lectures, tutorials, discussions, seminars, demonstrations, distance learning and other methods of instruction as well as practical work in the workshops and other Governmental or private organizations.

(2)  The authority responsible for organizing recognized teaching shall be such as may be prescribed.

CHAPTER-III

OFFICERS OF THE UNIVERSITY

7.         Principal officers.—The following shall be the principal officers of the University, namely:—

(a)        the Chancellor;

(b)        the President;

(c)        the Deans;

(d)        the Commandants or the Directors-General of the constituent colleges and institutes;

(e)        the Chairpersons or Chief Instructors of teaching departments;

(f)        the Registrar;

(g)        the Controller of Examinations;

(h)        the Director Administration;

(i)         the Director Finance; and

(j)         such other persons as may be prescribed by the Statutes or Regulations to be the principal officers of the University.

8.         The Chancellor.—(1) The President of Islamic Republic of Pakistan shall be the Chancellor of the University.

(2)        The Chancellor shall, when present, preside at the meetings of the Senate and the Convocation of the University. In the absence of Chancellor the Senate may request the person of eminence or President to preside over the convocation of the University.

(3)        The members of the Senate shall be appointed by the Chancellor from amongst the persons recommended by the Representation Committee set up for this purpose under sub-section (1) of Section 23 alongwith those elected.

(4)        Every proposal to confer an honorary degree shall be subject to confirmation by the Chancellor.

(5)        If the Chancellor is satisfied that a serious irregularity or mismanagement with respect to the affairs of the University has occurred, he may,—

(a)        as regards proceedings of the Senate, direct that specified proceedings be reconsidered and appropriate action taken within one month of the direction having been issued:

            Provided that if the Chancellor is satisfied that either no reconsideration has been carried out or that the reconsideration has failed to address the concern expressed he may, after calling upon the Senate to show-cause in writing, appoint a five member review panel to examine and report to the Chancellor on the functioning of the Senate. The report of the review panel shall be submitted within such time as may be prescribed by the Chancellor. The review panel shall be drawn from persons of eminence in academics and in the fields of Defence and Security, law, accountancy and administration; and

(b)        as regards proceedings of any Authority or with respect to matters within the competence of any Authority other than the Senate, direct the Senate to exercise powers under Section 17.

9.  Removal from the Senate.—(1) The Chancellor may, upon the recommendation of the review panel, remove any person from the membership of the Senate on the ground that such person—

(a)        has become of unsound mind; or

(b)        has become incapacitated to function as member of the Senate; or

(c)        has been convicted by a Court of law for an offence involving moral turpitude; or

(d)        has absented himself from two consecutive meetings without just cause; or

(e)        has been guilty of misconduct, including use of position for personal advantage of any kind, or gross inefficiency in the performance of functions.

(2)  The Chancellor shall remove any person from the membership of the Senate on a resolution calling for the removal of such person supported by at least three-fourths of the membership of the Senate:

Provided that before passing such resolution the Senate shall provide the member concerned a fair hearing:

Provided further that the provisions of this section shall not be applicable to the President in his capacity as a member of the Senate.

10.  The President.—(1) There shall be a President of the University who shall be a senior military officer from Pakistan Army and shall be appointed on such terms and conditions as may be prescribed.

(2)        The President shall be the chief executive officer of the University responsible for all administrative and academic functions of the University and for ensuring that the provisions of the Act, Statutes, Regulations and Rules are faithfully observed in order to promote the general efficiency and good order of the University. The President shall have all powers prescribed for this purpose including administrative control over the officers, teachers and other employees of the University.

(3)        The President shall, if present, be entitled to attend any meeting of any Authority or body of the University.

(4)        The President may, in an emergency that in his opinion requires immediate action ordinarily not in the competence of the President, take such action and forward, within seventy-two hours, a report of the action taken to the members of the Emergency Committee of the Senate, to be set up by Statute, the Emergency Committee may direct such further action as is considered appropriate.

The President shall also have the following powers, namely:—

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

(b)        to sanction by re-appropriation an amount not exceeding an amount prescribed by the Senate for an unforeseen item not provided for in the budget and report it to the Senate at the next meeting;

(c)        to make appointments of such categories of employees of the University and in such manner as may be prescribed by the Statutes;

(d)        to suspend, punish and remove, in accordance with prescribed procedure, from service officers, teachers and other employees of the University except those appointed by or with the approval of the Senate;

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

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

(6)        The President shall present an annual report before the Senate within three months of the close of the academic year. The annual report shall present such information as regards the academic year under review as may be prescribed, including disclosure of all relevant facts pertaining to—

(a)        academics;

(b)        research;

(c)        administration; and

(d)        finances.

(7)        The President's annual report shall be made available, prior to its presentation before the Senate, to all officers and University teachers and shall be published in such numbers as are required to ensure its wide circulation.

11.  Appointment and removal of the President.—(1) Whenever the office of the President falls vacant, or is likely to fall vacant, the Chief of the Army Staff shall recommend a suitable officer selected through a search process for approval by the Chancellor for appointment as the President.

(2)        The President shall be appointed for a renewable tenure of five years or less on terms and conditions prescribed by the Statutes. The term of an incumbent President may be renewed by the Chancellor on recommendations of Chief of the Army Staff.

(3)        At any time when the office of the President is vacant, or the President is absent or is unable to perform the functions of his office due to illness or some other cause, the Senate shall make arrangements in accordance with the Statutes for the performance of the duties of the President.

12.       Registrar.—(1) There shall be a Registrar of the University who shall be appointed by the Senate on the recommendation of the President, on such terms and conditions as may be prescribed.

(2)        The experience as well as the professional and academic qualifications necessary for appointment to the post of the Registrar shall be such as may be prescribed.

(3)        The Registrar shall be a full-time officer of the University and shall—

(a)        be the administrative head of the secretariat of the University and be responsible for the provision of secretariat support to the Authorities of the University;

(b)        be the custodian of the common seal and the academic records of the University;

(c)        maintain a register of registered graduates in the prescribed manner;

(d)        supervise the process of election, appointment of nomination of members to the various authorities and other bodies in the prescribed manner; and

(e)        perform such other duties as may be prescribed.

(4)        The term of office of the Registrar shall, unless renewed, be for a period of three years:

Provided that the Senate may, on the advice of the President, terminate the appointment of the Registrar on ground of inefficiency or misconduct in accordance with prescribed procedure.

13.       Director Finance.—(1) There shall be a Director Finance of the University who shall be appointed by the Senate on the recommendation of the President on such terms and conditions as may be prescribed.

(2)  The experience and the professional and academic qualifications necessary for appointment to the post of the Director Finance shall be as may be prescribed.

(3)        The Director Finance shall be the chief financial officer of the University and shall—

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

(b)        prepare the annual and revised budget estimates of the University and present them to the Syndicate or a committee thereof for approval and incorporation in the budget to be presented to the Senate;

(c)        ensure that the funds of the University are expended on the purposes for which they are provided;

(d)        have the accounts of the University audited annually so as to be available for submission to the Senate within six months of the close of the financial year; and

(e)        perform such other duties as may be prescribed.

(4)        The term of office of the Director Finance shall, unless renewed, be for a period of three years:

Provided that the Senate may, on the advice of the President, terminate the appointment of the Director Finance on grounds of inefficiency or misconduct in accordance with prescribed procedure.

14.  Controller of Examinations.—(1) There shall be a Controller of Examinations, to be appointed by the Senate on the recommendation of the President, on such terms and conditions as may be prescribed.

(2)        The minimum qualifications necessary for appointment to the post of the Controller of Examinations shall be as may be prescribed.

(3)        The Controller of Examinations shall be a full-time officer of the University and shall be responsible for all matters connected with the conduct of examinations and perform such other duties as may be prescribed.

(4)        The Controller of Examinations shall be appointed for a renewable term of three years:

Provided that the Senate may, on the advice of the President, terminate the appointment of the Controller of Examinations on grounds of inefficiency or misconduct in accordance with prescribed procedure.

CHAPTER-IV 

AUTHORITIES OF THE UNIVERSITY

15.       Authorities.—(1) The following shall be the authorities of the University, namely:—

(i)         the Senate;

(ii)        the Syndicate;

(iii)       the Academic Council;

(iv)       the Advanced Studies and Research Board;

(v)        the Board of Faculty;

(vi)       the Board of Studies;

(vii)      the Finance and Planning Committee;

(viii)     the Representation Committees for appointment to the Senate, Syndicate and the Academic Council in accordance with relevant provision of the Act;

(ix)       the Selection Board; and

(x)        such other authorities as may be constituted by the Senate.

(2)        The Senate, the Syndicate and the Academic Council may set up such other committees or sub-committees, by whatever name described, as are considered desirable through Statutes or Regulations as appropriate. Such committees or sub-committees shall be Authorities of the University for the purposes of this Act.

16.       Senate.—(1) The Senate shall be responsible for governance, general supervision and control of the affairs including laying down broad policies of the University and shall consist of the following, namely:—

(a)        the Chancellor who shall be the chairperson of the Senate;

(b)        the President;

(c)        the Chairman Joint Chiefs of Staff Committee, the Chief of the Army Staff, the Chief of the Naval Staff and the Chief of the Air Staff or their nominees.

(d)        not less than one member of the Government not below the rank of Additional Secretary from the Ministry of Education or any other department relevant to the special focus of the University;

(e)        four persons from society at large being persons of distinction in the fields of defence and security, strategy, statecraft, administration and management, such that the appointment of these persons reflects a balance across the various fields:

            Provided that the special focus or affiliation of the University, to be declared in the manner prescribed, may be reflected in the number of persons of distinction in an area of expertise relevant to the University who are appointed to the Senate;

(f)        one person from amongst the alumni of the University;

(g)        two persons from the academic community of the country, other than an employee of the University, at the level of professor or principal of a college;

(h)        four University Teachers; and

(1)        one person nominated by the Commission.

(2)        The numbers of the members of the Senate described against clauses (f) to (i) of sub-section (1) may be increased by the Senate through Statutes subject to condition that the total membership of the Senate does not exceed twenty-one, with a maximum of five University Teachers and the increase is balanced to the extent possible, in proportion to different categories specified in sub-section (1).

(3)        All appointments to the Senate shall be made by the Chancellor. Appointments of persons described in clauses (f) and (g) of sub-section (1) shall be made from amongst a panel of three names for each vacancy recommended by the Representation Committee set up in terms of Section 23 and in accordance with procedure as may be prescribed:

Provided that effort shall be made, without compromising on quality or qualification, to give fair representation to women on the Senate:

Provided further that as regards the University Teachers described in clause (h) of sub-section (1) the Senate shall prescribe a procedure for appointment on the basis of elections that provide for voting by the various categories of University Teachers:

Provided also that the Senate may alternatively prescribe that appointment of University Teachers to the Senate shall also be in the manner provided by this sub-section for the persons described in clauses (f) and (g) of sub-section (1).

(4)        Members of the Senate, other than ex-officio members, shall hold office for three years. One-third of the members, other than ex-officiomembers, of the first restructured Senate, to be determined by lot, shall retire from office on the expiration of one year from the date of appointment by the Chancellor. One-half of the remaining members, other than ex-officio members, of the first restructured Senate, to be determined by lot, shall retire from office on the expiration of two years from the date of appointment and the remaining one-half, other than ex-officio members, shall retire from office on the expiration of the third year:

Provided that no person, other than an ex-officio member, may serve on the Senate for more than two consecutive terms:

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