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ACT NO. VII OF 2012

SHIFA TAMEER-E-MILLAT UNIVERSITY ACT, 2012

An Act to provide for the establishment of Shifa Tameer-e-Millat University, Islamabad

[Gazette of Pakistan, Extraordinary, Part-I, 6th March, 2012]

No. F. 9(3)/2012-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 2nd March, 2012, is hereby published for general information:—

WHEREAS it is expedient to provide for the establishment of Shifa Tameer-e-Millat University at Islamabad, and 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 Shifa Tameer-e-Millat University Act, 2012.

(2)  It shall come into force at once.

2.       Definitions.—In this Act, unless there is anything repugnant in the subject or context,

 

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

(b)     "Authority" means any of the Authorities of the University specified or set up in terms of Section 15;

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

(d)     "college" means a constituent college;

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

(f)      "constituent college" means an educational institution by whatever name described, maintained and administered by the University;

(g)     "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;

(h)     "department" means a teaching department maintained and administered, or recognized by the University in the manner as may be prescribed;

(i)      "Director" means the head of an institute established as a constituent institution by the University by statutes or regulations in terms of the powers delegated by this Act;

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

(k)     "Government" means the Federal Government;

(l)      "prescribed" means prescribed by statutes, regulations or rules made under this Act;

(m)    "Principal" means the head of a college;

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

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

(p)     "Search Committee" means the Search Committee set up by the Senate under Section 11;

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

(r)      "statutes", "regulations" and "rules" mean respectively the statutes, the regulations and the rules made under this Act and for the time being in force;

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

(t)      "University teachers" include Professors, Associate Professors, Assistant Professors, Lecturers, Demonstrators and Instructors engaged whole-time by the University or by a constituent college and such other persons as may be declared to be teachers by regulations;

(u)     "University" means Shifa Tameer-e-Millat University; and

(v)     "Vice-Chancellor" means the Vice-Chancellor of the University.

CHAPTER II

THE UNIVERSITY

3.  Incorporation.—(1) There shall be established at Islamabad a University to be called Shifa Tameer-e-Millat University, Islamabad which shall be a non-profitable University.

(2)  The University shall consist of the following, namely:—

(a)     the Chancellor, the members of the Senate and the Vice-Chancellor;

(b)     the members of the Authorities established under Section 15;

(c)     all University teachers, researchers and persons recognized as students of the University in accordance with terms prescribed from to time; and

(d)     all other full-time officers and members of the staff of the University.

(3)     The University shall be a body corporate by the name of ShifaTameer-e-Millat University having perpetual succession and a common seal, and may sue and be sued by the said name.

(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)     Notwithstanding anything contained in any other law for the time being in force, 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. 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.  Powers and purposes of the University.—The University shall have the following 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 as may be 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 organisations;

(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 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;

(xv)         to co-operate with other universities public authorities or private organisations in such manner and for such purposes as it may prescribe;

(xvi)        to institute Professorships, Associate Professorships, Assistant Professorships and Lectureships and any other posts and to appoint persons thereto;

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

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

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

(xx)         to establish teaching departments, schools, constituent colleges, faculties, institutes, academies, 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;

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

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

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

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

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

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

(xxvii)     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;

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

(xxix)      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 and no person shall be denied the privileges of the University on the grounds of religion, race, caste, creed, class, colour or domicile.

(2)     An increase in any fee or charge that is in excess of ten% annum on an annualised basis from the last such increase may 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.

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 laboratories, hospitals, workshops, fields 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 Vice-chancellor;

(c)     the Deans;

(d)     the Principals of the Constituent colleges or institutes;

(e)     the Chairpersons of the teaching departments;

(f)      the Registrar;

(g)     the Treasurer;

(h)     the Controller of Examinations; and

(i)      such other persons as may be prescribed by the statutes or regulations to be the principal officers of the University.

8.  Chancellor.—(1) There shall be the Chancellor of the University who shall, as soon as may be, after the commencement of this Act, be elected by the Chancellor Election Council from amongst its members by two-third majority, in which fraction will be counted as one. The following shall be the composition of the Chancellor Election Council namely:—

(a)     all members of the Board of Governors of Shifa Foundation;

(b)     all members of the Board of Governors of Tameer-e-Millat Foundation;

(c)     one representative from the Board of Directors of Shifa International Hospital nominated by the Board; and

(d)     one representative of the Board of Trustees of the Endowment Fund of the university nominated by the same board.

(2)     The term of office of the Chancellor shall be for a period of seven years.

(3)     The Chancellor shall, when present, preside at the meetings of the Senate and the Convocation of the University. In the absence of the Chancellor the Vice-Chancellor shall preside over the meetings of the Senate and the Convocation of the University and in the absence of both, the Chancellor may nominate any member of the Senate, not being employee of the University or the Government, to preside over the meetings of the Senate and the Convocation of the University.

(4)     The members of the Senate as well as the Vice-Chancellor shall be appointed by the Chancellor from amongst the persons recommended by the Representation Committee set up for this purpose or the Search Committee established in accordance with this Act and the statutes, as the case may be, along with those elected.

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

(6)     If the Chancellor is satisfied that 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 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;

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

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

(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 Vice-Chancellor in his capacity as a member of the Senate.

10.     Vice-Chancellor.—(1) There shall be a Vice-Chancellor of the University who shall be an eminent academic or a distinguished administrator and shall be appointed on such terms and conditions as may be prescribed.

(2)  The Vice-Chanccllor 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 this Act statutes, regulations and rules are faithfully observed in order to promote the general efficiency and good order of the University. The Vice-Chancellor shall have all powers prescribed for this purpose, including administrative control over the officers, teachers and other employees of the University.

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

(4)     The Vice-Chancellor may, in an emergency that in his opinion requires immediate action ordinarily not in the competence of the Vice-Chancellor, 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.

(5)     The Vice-Chancellor 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 Vice-Chancellor 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 Vice-Chancellor'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 Vice-chancellor.—(1) The Vice-Chancellor shall be appointed by the Chancellor on the basis of recommendations made by the Senate.

(2)     A Search Committee for the recommendation of persons suitable for appointment as Vice-Chancellor shall be constituted by the Senate on the date and in the manner prescribed by the statutes and shall consist of two eminent members of society nominated by the Chancellor, of whom one shall be appointed the Convenor, two members of the Senate, two distinguished University Teachers who are not members of the Senate and one academic of eminence not employed by the University. The two distinguished University Teachers shall be selected by the Senate through a process, to be prescribed by Senate that provides for the recommendation of suitable names by the University Teachers in general. The Search Committee shall remain in existence till such time that the appointment of the next Vice-Chancellor has been made by the Chancellor.

(3)     The persons proposed by the Search Committee for appointment as Vice-Chancellor shall be considered by the Senate and of these a panel of three, in order of priority, shall be recommended by the Senate to the Chancellor:

Provided that the Chancellor may decline to appoint any of the three persons recommended and seek recommendation of a fresh panel. In the event of a fresh recommendation being sought by the Chancellor the Search Committee shall make a proposal to the Senate in the prescribed manner.

(4)     The Vice-Chancellor shall be appointed for a renewable tenure of five years on terms and conditions prescribed by statute. The tenure of an incumbent Vice-Chancellor shall be renewed by the Chancellor on receipt of a resolution of the Senate in support of such renewal:

Provided that the Chancellor may call upon the Senate to reconsider such resolution once.

(5)     The Senate may, pursuant to a resolution in this behalf passed by three-fourths of its membership, recommend to the Chancellor the removal of the Vice-Chancellor on the ground of inefficiency, moral turpitude, physical or mental incapacity or gross misconduct, including misuse of position for personal advantage of any kind:

Provided that the Chancellor may make a reference to the Senate stating the instances of inefficiency, moral turpitude or physical or mental incapacity or gross misconduct on the part of the Vice-Chancellor that have come to his notice. After consideration of the reference the Senate may, pursuant to a resolution in this behalf passed by two-thirds of its membership, recommend to the Chancellor the removal of the Vice-Chancellor:

Provided further that prior to a resolution for the removal of the Vice-Chancellor being voted upon the Vice-Chancellor shall be given an opportunity of being heard but he shall not be called upon to cast his vote.

(6)     A resolution recommending the removal of the Vice-Chancellor shall be submitted to the Chancellor forthwith. The Chancellor may accept the recommendation and order removal of the Vice-Chancellor or return the recommendation to the Senate once for reconsideration.

(7)     At any time when the office of the Vice-Chancellor is vacant, or the Vice-Chancellor is absent or is unable to perform the functions of his office due to illness or some other cause, the Senate shall make such arrangements for the performance of the duties of the Vice-Chancellor as it may deem fit.

12.  Registrar.—(1) There shall be a Registrar of the University to be appointed by the Senate on the recommendation of the Vice-Chancellor, 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 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 of the University;

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

(d)     supervise the process of election, appointment or 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 be a renewable period of three years:

Provided that the Senate may, on the advice of the Vice-Chancellor, terminate the appointment of the Registrar on grounds of inefficiency or misconduct in accordance with prescribed procedure.

13.  Treasurer.—(1) There shall be a Treasurer of the University to be appointed by the Senate on the recommendation of the Vice-Chancellor, on such terms and conditions as may be prescribed.

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

(3)     The Treasurer 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)     get 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 Treasurer shall be a renewable period of three years:

Provided that the Senate may, on the advice of the Vice-Chancellor, terminate the appointment of the Treasurer 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 Vice-Chancellor, 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, shall be the custodian of the academic records, 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 Vice-Chanrellor, 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:—

(a)     Authorities established by this Act,

          (i)      the Senate;

          (ii)     the Syndicate; and

          (iii)    the Academic Council.

(b)     Authorities to be established by the statutes,—

          (i)      Graduate Studies and Research Management Council;

          (ii)     Recruitment, Development, Evaluation and Promotion Committees for teachers and other staff whether at the level of the department, college, institute. Faculty or the University;

          (iii)    Career Placement and Internship Committee of each Faculty;

          (iv)    Search Committee for the appointment of the Vice-Chancellor;

          (v)     the Representation Committees for appointment to the Senate, Syndicate and the Academic Council;

          (vi)    Faculty Council; and

          (vii)   Departmental Council.

(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 may be appropriate. Such committees or sub-committees shall be Authorities of the University for the purposes of this Act.

16.  Senate.—(1) The body responsible for the governance of the University shall be described as the Senate and shall consist of the following, namely:—

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

(b)     the Vice-Chancellor;

(c)     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;

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