THE ALLAMA IQBAL OPEN UNIVERSITY ACT, 1974
1ACT NO. XXXLX OF 1974
An Act to provide for the establishment of an Allama lqbal Open University at Islamabad.
WHEREAS it is expedient to provide for the establishment of an Allama lqbal Open University at Islamabad and for matters ancillary thereto;
It is hereby enacted as follows:—
1. Short title, extent and commencement. —(1) This Act may be called the 2[Allama lqbal Open University Act, 1974.]
(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) "Audience level regional centre" means an audience level regional centre maintained and administered by the University;
(c) "Authority" means an Authority of the University specified in section 17;
(d) "Chancellor" means the Chancellor of the University;
(e) "Committee of Courses" means the Committee of Courses in a Faculty;
(f) "Dean" means the Dean of a Faculty;
(g) "Department" means a department maintained and administered or' recognised by the University;
(h) "Executive Council" means the Executive Council of the University;
(i) "Faculty" means a Faculty of the University;
(j) "Government" means the Federal Government;
1 For Statement of Objects and Reasons, see Gaz. of P., 1974, Ext., Pt. Ill, p. 427.
2 Subs. by the People’s Open University (Amdt.) Ordinance, 1977 (43A of 1977), s. 2, for "People's Open University Act, 1974”.
1[(jj) "Institute" means an institute maintained and administered by the University]
(k) "Prescribed" means prescribed by Statutes, Regulations or Rules;
(l) "Pro-Chancellor" means the Pro-Chancellor of the University;
(m) "Registered Graduate" means a graduate of the University who has his name entered in the register maintained in the University for the purpose;
(n) "Statutes", "Regulations" and "Rules" means the Statutes, Regulations and Rules made under this Act;
(o) "Teachers" includes Professors, Associate Professors, Senior Instructors, Assistant Professors, Instructors and Lecturers engaged whole-time by the University or such other persons as may be recognised as Teachers by the Academic Council;
2[(p) "University" means the Allama lqbal Open University as renamed under this Act;]
(q) "University Teacher" means a whole-time Teacher appointed and paid by the University, or recognized by the Academic Council as such; and
(r) "Vice-Chancellor" means the Vice-Chancellor of the University. ;
3. Establishment and incorporation of the University.—(1) There shall be established a University to be called the People's Open University as a specialised educational institution with its principal seat at Islamabad for purposes of teaching, holding of examinations and tests, establishment of audience level regional centres for guidance and examinations at the post-matric, graduate, post-graduate and research levels in accordance with the provisions of this Act.
1Ins. by the Allama lqbal Open University (Amdt.) Ordinance, 1981 (8 of 1981),
2 Subs. by the People's Open University (Amdt.) Ordinance, 1977 (43A of I977), s. 3 for cl. (p).
1[(1A) The People’s Open. University established in accordance with the provisions of this Act shall, on and the commencement of the People’s Open University (Amendment) Ordinance, 1977, be renamed as the Allama Iqbal Open University.]
(2) The University shall consist of—
(i) the Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Deans, the Chairman of Teaching Departments, the 2[Directors of the Institutes, the Director of the Regional Tutorial Services], the Registrar, the Treasurer, the Auditor, the Controller of Examinations, the Librarian, and such other officers as may be prescribed;
(ii) members of the Executive Council, the Academic Council and other Authorities;
(iii) all University Teachers; and
(iv) Professors Emeritus.
(3) The University shall be a body corporate by the name of the 3[Allama Iqbal Open University] and shall have perpetual succession and a common seal, and shall by the said name sue and be sued.
(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.
4. Powers and functions of the University. The University shall have the powers—
(a) to provide educational facilities to people who cannot leave their homes and jobs in such manner as it may determine;
(b) to provide such facilities to masses for their educational uplift as it may determine;
(c) to provide facilities for the training of teachers in such manner as it may determine;
(d) to provide for instruction in such branches of learning technology or vocations as it may deem fit, and to make provision for research and for the advancement and dissemination of knowledge in such manner as it may determine;
(e) to prescribe courses of studies to be conducted by it;
1 Sub-section (I A) ins by the People's Open University (Amdt.) Ordinance.1977 (43A of 1977) s. 4.
2 Subs by the Allama Iqbal Open University (Amdt) Ordinance 1981(8 of 1981), s. 3.
3 Subs, by Ord. 43A of 1977 s. 2, for "People's Open University".
(f) 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 the prescribed conditions;
(g) to confer in the manner prescribed honorary degrees or other distinctions on persons approved for the purpose;
(h) to provide for such instruction for persons not being students of the University as it may determine, and to grant certificates and diplomas to such persons;
(i) to confer degrees on persons who have carried on independent research under prescribed conditions;
(j) to accept the examinations passed by students of the University at other universities and places of learning as equivalent to such examinations of the University as it may determine;
(k) to co-operate with other universities and other 1 authorities in such manner and for such purposes as it may determine;
(l) to institute Professorships, Senior Instructorships, Associate Professorships, Instructorships, Assistant Professorships, Lecturer ships , Counsellorships and any other posts and to appoint persons thereto;
(m) to create posts for teaching, research, extension services, administration and other related purposes and to appoint persons thereto;
(n) to recognize as University Teachers such persons as it may deem fit;
(o) to institute and award fellowships," scholarships, exhibitions, bursaries, medals and prices under prescribed conditions;
(p) to establish teaching departments, 1[institutes] faculties, laboratories, workshops, audience level regional centres and other centres of learning for the development of teaching and research and educational technology and to make such arrangements for their maintenance, management and administration as it may determine;
(q) to supervise and control the discipline of the students of the University and to promote the extra-curricular and recreational activities of such students, and to make arrangements for promoting their conduct, health and general welfare;
(r) to demand and receive such fees and other charges as it may determine;
(s) to make provision for research and development of educational technology and advisory services and with these objects to enter into arrangements with other institutions or with public bodies under prescribed conditions;
1Ins. by the Allama lqbal Open University (Amdt.) Ordinance, 1981 (8 of 1981), s. 4.
(t) to provide for making of films and cassettes and other audio-visual material and enter into arrangements with Broadcasting Corporation of Pakistan, the Television Corporation of Pakistan and such other organizations as it may deem fit;
(u) to enter into, carry out, vary or cancel contracts;
(v) to receive and manage property transferred and 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 at it may deem fit;
(w) to provide for the printing and publication of courses . and teaching material and other works; and
(x) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University as a centre of education, learning and research.
Explanation.—In this section "Counsellorship" means a post the person appointed to which, whether on whole-time or part-time basis is in direct instructional contact with the students.
5. University open to all classes, creeds, etc. The University shall be open to all persons of either sex of whatever religion, race, creed, class or colour and no citizen of Pakistan shall be denied the privileges of the University on the ground only of sex, religion, race, caste, creed, class, colour or domicile.
6. Teaching in the University. —(1) All recognized teaching in various courses shall be conducted by the University in the prescribed manner and may include correspondence packages, films, cassettes, telecasts, broadcasts, lectures, tutorials, discussions, seminars, demonstrations as well as practical work in the laboratories, workshops and farms and other media of instruction and practice in teaching or practical training.
(2) The authority responsible for organizing recognised teaching shall be such as may be prescribed.
(3) The courses and the curricula shall be such as may be prescribed.
1[(4) A discipline to be call "Islamic arid Pakistan Studies" shall be offered, as a compulsory subject at the Bachelor's level in all arts, science, professional and other faculties provided that non-muslim students may opt for "Ethics and Pakistan Studies".
(5) A degree shall not be awarded to a student unless he has passed the examination in the discipline referred to in sub-section (4).
1 Added by the Allama Iqbal Open University (Amdt.) Ordinance, 1981 (2 of 1981), s. 2.
OFFICERS OF THE UNIVERSITY
7. Officers of the University. The following shall be the officers of the University namely:—
(i) the Chancellor;
(ii) the Pro-Chancellor;
(iii) the Vice-Chancellor;
(iv) the Deans;
(v) the Chairman of the Teaching Departments;
1[(va) the Directors of the Institutes]
2[(vi) the Director of the Regional Tutorial Services]
(vii) the Registrar;
(viii) the Treasurer;
(ix) the Auditor;
(x) the Controller of Examinations;
(xi) the Librarian; and
(xii) such other persons as may be prescribed by Regulations to be the officers of the University.
8. Chancellor. —(1) The President of the Islamic Republic of Pakistan
shall be the Chancellor of the University.
(2) The Chancellor shall, when present, preside at the convocations of the University.
(3) Every proposal to confer an honorary degree shall be subject to Confirmation by the Chancellor.
9. Pro-Chancellor. —(1) The Federal Minister incharge of the Ministry of Education shall be the Pro-Chancellor of the University.
(2) In the absence of the Chancellor, the Pro-Chancellor shall, when present, preside at the convocations of the University.
(3) If the Pro-Chancellor is satisfied that the proceedings of any Authority or the orders of any officer are not in accordance with the provisions of this Act, the Statutes, the Regulations or the Rules, he may, after calling upon such Authority or officer to show cause why such cause why such proceedings or orders should not be annulled, by order in writing, annual such proceedings or orders.
(4) The Pro-Chancellor shall have the power to assent to such Statutes as are required to be submitted to him or withhold assent or refer them back to the Executive Council for re-consideration.
1 Ins. by the Allama Iqbal Open University (Amdt.) Ordinance, 1981 (8 of 1981), s. 5.
2 Subs. ibid.,
(5) The Pro-Chancellor may remove any persons from the membership of any Authority, if such as person—
(i) has become of unsound mind; or
(ii) has become subject to an incapacity which prevents him from functioning as a member of such Authority; or
(iii) has been convicted by a court of law of an offence involving moral turpitude.
10. Visitation. Etc. —(1) The Pro-Chancellor may cause a visitation or an inspection or inquiry to be made in respect of any matter connected with the affairs of the University and shall, from time to time, appoint such person or persons as he may deem fit for the purpose of carrying out inspection of—
(i) the University, its buildings, laboratories, libraries, workshops and other establishments and equipment;
(ii) any institution or audience level regional centre of the University;
(iii) the teaching and other work conducted by the University; and
(iv) the conduct of examinations held by the University.
(2) The Pro-Chancellor shall give notice to the Executive Council of his intention to cause a visitation or an inspection or inquiry to be made under sub-section (1), and the Executive Council shall be entitled to be represented thereat.
(3) The Pro-Chancellor shall communicate to the Executive Council his views with regard to the results of a visitation or an inspection or inquiry made under sub-section (1) and shall, after ascertaining the views of the Executive Council thereon, advise the Executive Council on the action to be taken by it.
(4) The Executive Council shall, within such time as may be specified by the Pro-Chancellor, communicate-to him such action, if any, as has been taken or may be proposed to be taken upon the results of a visitation or an inspection or inquiry communicated to it under sub-section (3).
(5) Where the Executive Council does not, within the time specified by the Pro-Chancellor, take action to the satisfaction of the Pro-Chancellor, he may, after consideration of any explanation furnished or representation made by the Executive Council, issue such directions as he thinks fit, and the Vice-Chancellor shall comply with such directions.
11. Vice-Chancellor. —(1) The Vice-Chancellor shall be appointed by the Chancellor on such terms and conditions as the Chancellor may determine for a term not exceeding four years.
(2) 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 Pro-Chancellor shall make such arrangement for the performance
of the duties of Vice-Chancellor as he may deem fit.
12. Powers and duties of the Vice-Chancellor. —(1) The Vice-Chancellor shall be the principal executive and academic officer of the University, shall ensure that the
provisions of this Act, the Statutes, the Regulations and the Rules are faithfully observed in order to promote the general efficiency and good order of the University, and shall have all powers necessary for this purpose, including administrative control over all officers, Teachers and other employees of the University.
(2) The Vice-Chancellor shall, in the absence of the Chancellor, and Pro-Chancellor, preside at a convocation of the University and at the meetings of the Authorities of which he is the Chairman and be entitled to attend and preside at any meeting of any other Authority or body of the University at his discretion.
(3) The Vice-Chancellor may, with the approval of the Pro-Chancellor, in an emergency which requires immediate action, take such action as he may consider necessary and shall, as soon thereafter as possible, seek approval of his action from the Authority or other body which in the ordinary course would have dealt with the matter, but shall not exercise powers otherwise vested exclusively in the Chancellor or the Pro-Chancellor under this Act.
(4) The Vice-Chancellor shall also have the powers—
(i) to create temporary posts for a period not exceeding six months subject to availability of funds and advice of the Finance Committee and fill them on ad hoc basis in consultation with the head of the department or section of the office;
(ii) to sanction all expenditure provided for in the approved budget, and to re-appropriate funds within the same major head of expenditure;
(iii) to sanction by re-appropriation an amount not exceeding five thousand rupees for an unforeseen item not provided for in the budget, and report it to the Executive Council at the next meeting;
(iv) to appoint course editors, consultants, course assessors, paper setters and examiners for all examinations and courses of the University after receiving panels of names from the relevant Authorities, the assessors and consultants for various courses shall be appointed in consultation with the Dean concerned, on such terms as the Vice-Chancellor may deem suitable;
(v) to make such arrangements for the scrutiny of papers, marks and results as he may consider necessary;
(vi) to direct Teachers, officers and other employees of the University to take up such assignments in connection with teaching, research, examination and administration, and such other activities in the University as he may consider necessary for the purpose of the University;
(vii) to delegate, subject to such conditions, if any, as may be prescribed any of his powers under this Act to an officer or other employee of the University;
(viii) to appoint employees on an initial monthly pay which is below four hundred and fifty rupees;
(ix) to relax Regulations in favour of a student in a case of real hardship subject to the approval of the Academic Council; and
(x) to exercise and perform such other powers and functions as may be prescribed.
13. Registrar. —(1) The Registrar shall be a whole-time officer of the University and shall be appointed by the Executive Council on such terms and conditions as it may determine.
(2) The Registrar shall—
(a) be the custodian of the Common Seal and the academic records of the University;
(b) maintain Registers of students and Registered Graduates of the University in the prescribed form ;
(c) conduct elections of members to the various Authorities in the prescribed manner;
(d) act as the Secretary of the Executive Council, Academic Council and the Selection Board and as the co-ordinator of administration under the general directions and supervision of the Vice-Chancellor; and
(e) perform such other duties as may be assigned to him by the Executive Council.
14. Treasure. —(1) The Treasurer shall be a whole-time officer of the University and shall be appointed by the Pro-Chancellor on such terms and conditions as the Pro-Chancellor may determine.
(2) The Treasurer shall—
(a) manage the property, the finances and the investments of the University;
(b) prepare the annual and revised budget estimates of the University and present them to the Finance Committee and the Executive Council;
(c) ensure that the funds of the University are expanded for the purposes for which they are provided; and
(d) perform such other duties as maybe assigned to him by the Executive Council.
15. Controller of Examinations. —(1) The Controller of Examinations shall be a whole-time officer of the University and shall be appointed by the Executive Council on such terms and conditions as it may determine.
(2) The Controller of Examinations shall be responsible for all matters connected with evaluation and assessment records and the conduct of examinations and perform such other duties as may be assigned to him by the Executive Council.
16. University Auditor. —(1) There shall be a University Auditor who shall be an officer in the service of the Federal Government whose services have been lent to the University.
(2) The duties of the University Auditor shall include pre-audit of all bills and demands for payment submitted to the University.
AUTHORITIES OF THE UNIVERSITY
17. Authorities. The following shall be the Authorities of the University, namely:—
(i) the Executive Council;
(ii) the Academic Council;
(iii) the Faculties;
(iv) the Committees of Courses;
(v) the Selection Board;
(vi) the Committee for Research and Educational Technology;