The Abasyn University Act, 2009
(N.W.F.P ACT NO XIII OF 2009)
27th October 2010
to provide for the establishment of a University at
Peshawar in the name of Abasyn University.
Preamble —WHEREAS it is expedient to provide for the establishment of a University at Peshawar in the name of AbasynUniversity , in the private sector, and for matters ancillary thereto;
It is hereby enacted as follows:—
1. Short title and commencement.— (1) This Act may be called the Abasyn University Act, 2009.
(2) It shall come into force at once and shall be deemed to have taken effect from 1st March, 2008.
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 affiliated institution” means college or institution affiliated to the University but not maintained or administered by it;
(c) “Authority” means any of the Authorities of the University specified in section 16;
(d) “Board of Directors” means the Board of Directors of the Abasyn Education System (Pvt) Limited, a company registered under the Companies Ordinance, 1984, vide Registration No. P-02145 of 2002-2003 (GLN 03059), dated 30th June, 2003;
(e) “Chancellor” means the Chancellor of the University;
(f) “college” means a constituent college or an affiliated college;
(g) “Commission” means the Higher Education Commission set up by the Higher Education Commission Ordinance, 2002 (LIII of 2002);
(h) “constituent college” or “constituent institution” means a collage or institution, 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 Faculty by this Act or Statues or Regulations;
(j) “department” means a teaching department maintained and administered, or recognized by the University in the manner prescribed;
(k) “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;
(l) “Faculty” means an administrative and academic unit of the University consisting of one or more departments, as prescribed;
(m) “Government” means the Government of the North-West Frontier Province;
(n) “Patron” means the Patron of the University;
(o) “prescribed” means prescribed by Statutes, Regulations or Rules made under this Act;
(p) “Principal” means the head of a college;
(q) “Representation Committee” means the Representation Committee constituted under section 24;
(r) “Review Panel” means the Review Panel set up by the Chancellor in accordance with the provisions of section 9;
(s) “Schedule” means a Schedule to this Act;
(t) “Search Committee” means the Search Committee set up by the Senate under section 12;
(u) “Senate” means the Senate of the University;
(v) “Statutes”, “Regulations” and “Rules” mean respectively the Statutes, the Regulations and the Rules made under this Act;
(w) “Syndicate” means the Syndicate of the University;
(x) “teachers” means Professors, Associate Professors, Assistant Professors, Lecturers, Demonstrators and Instructors engaged whole-time by the University or by a constituent or affiliated college and such other persons as may be declared to be teachers by Regulations;
(y) “University” means Abasyn University established under this Act;
(z) “University Teacher” means a whole-time teacher appointed and paid by the University, or recognized by the University as such; and
(aa) “Vice-Chancellor” means the Vice-Chancellor of the University.
3. Incorporation. — (1) There shall be established at Peshawar a University to be called Abasyn University.
(2) The University shall consist of the following, namely:—
(a) the Patron, the Chancellor, the members of the Senate and the Vice-Chancellor;
(b) the members of the Authorities of the University established under section 16;
(c) all University Teachers, Researchers 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.
(3) The University shall be a body corporate by the name of Abasyn 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 terms of this Act and the Higher Education Commission Ordinance, 2002. In particular, and without prejudice to the authority granted to the Commission by the law, the Government or any 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 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 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, inside as well as outside;
(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 within and outside;
(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 organisations, inside as well as outside , 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, schools, colleges, faculties, institutes, academies, museums and other centres of learning within as well as out side Pakistan 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;
(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 objectives 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 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 percent per 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.
OFFICERS OF THE UNIVERSITY
7. Principal Officers. —The following shall be the principal officers of the University, namely:—
(a) the Patron;
(b) the Chancellor;
(c) the Vice-chancellor;
(d) the Deans;
(e) the Principals of the constituent colleges/ institutes;
(f) the Chairpersons of the Teaching Departments;
(g) the Registrar;
(h) the Treasurer;
(i) the Controller of Examinations;
(j) the Librarian; and
(k) such other persons as may be prescribed by the Statutes or Regulations to be the principal officers of the University.
8. Patron. — (1) The Governor of the North-West Frontier Province shall be the Patron of the University.
(2) The Patron shall, when present, preside at the Convocation of the University or he may authorize the Chancellor or any other person to perform this function in his absence.
(3) Every proposal to confer an honorary degree shall be subject to confirmation by the Patron.
9. Chancellor. — (1) Mr. Mohammad Imran Ullah, the Chief Executive of the Abasyn Education System (Pvt.) Limited,Peshawar shall be the first Chancellor of the University on such terms and conditions as the Board of Directors may determine.
(2) The Chancellor shall, when present, preside at the meetings of the Senate of the University.
(3) 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.
(4) 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 18.
10. 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;
11. 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-Chancellor 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 powers, to:—
(a) 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) 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) make appointments of such categories of employees of the University and in such manner as may be prescribed by the Statutes;
(d) 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) 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) 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:—
(c) administration; and
(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.
12. Appointment and Removal of the Vice-Chancellor. — (1) The Vice-Chancellor shall be appointed by the Chancellor on the basis of recommendations of the Search Committee through the Senate.
(2) A Search Committee for the recommendation of persons suitable for appointment as Vice-Chancellor shall be constituted by the Chancellor on the date and in manner prescribed by the Statutes and shall consist of,—
(a) two eminent members of the Society, of whom one shall be appointed as Convener;
(b) two members of the Senate;
(c) one academic of eminence not employed by the
(d) two distinguished teachers of the University.
(3) The members mentioned at clauses (a), (b) and (c) of sub-section (2) shall be nominated by the Chancellor while the two distinguished teachers mentioned at clause (d) ibid shall be selected by the Senate through a process to be prescribed by it that provides for recommendation of suitable name by the University Teachers in general.
(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 or physical or mental incapacity or gross misconduct, including misuse of position for personal advantage of any kind:—
Provided 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.
(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.
(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 may appoint the Senior most officer of the University to officiate as Vice-Chancellor.
13. 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 administration branch 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 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 Chancellor may, on the advice of the Senate, terminate the appointment of the Registrar on grounds of inefficiency or misconduct in accordance with prescribed procedure.
14. Treasurer. — (1) There shall be a Treasurer of the University to be appointed by the Chancellor on the recommendation of the Senate, 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 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) 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 Treasurer shall be a renewable period of three years:—
Provided that the Chancellor may, on the advice of the Senate, terminate the appointment of the Treasurer on grounds of inefficiency or misconduct in accordance with prescribed procedure.
15. Controller of Examinations. — (1) There shall be a Controller of Examinations, to be appointed by the Chancellor on the recommendation of the Senate, 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 term of office of the Controller of Examinations shall be three years and may be renewed from time to time:—
Provided that the Chancellor may, on the advice of the Senate, terminate the appointment of the Controller of Examinations on grounds of inefficiency or misconduct in accordance with prescribed procedure.
AUTHORITIES OF THE UNIVERSITY
16. 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 appropriate. Such committees or sub-committees shall be Authorities of the University for the purposes of this Act.
17. Senate. — (1) The body responsible for the governance of the University shall be described as the Senate, and shall consist of,—
(a) the Chancellor, who shall be the Chairperson of the Senate;
(b) the Vice-Chancellor;
(c) Secretary to Government of the North- West Frontier Province, Higher Education Department, or his nominee not below the rank of an Additional Secretary;
(d) four persons from society at large being persons of distinction in the fields of administration, management, education, academics, law, accountancy, medicine, fine arts, architecture, agriculture, science, technology and engineering such that the appointment of these persons reflects a balance across the various fields:—
Provided that the special focus 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;
(e) one person from amongst the alumni of the University;
(f) 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;
(g) four University Teachers; and
(h) one person nominated by the Commission.
(2) The numbers of the members of the Senate described against clauses (e) to (h) 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, across the 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 (e) to (f) 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 24 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 (g) 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 (e) to (f) 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 officio members, 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:—
Provided further that the University Teachers appointed to the Senate may not serve for two consecutive terms.
(5) The Senate shall meet at least twice in a calendar year.
(6) Service on the Senate shall be on honorary basis; provided that actual expenses may be reimbursed as prescribed.
(7) The Registrar shall be the Secretary of the Senate.
(8) In the absence of the Chancellor meetings of the Senate shall be presided over by such member, not being an employee of the University, as the Chancellor may, from time to time, nominate. The member so nominated shall be the convener of the Senate.
(9) Unless otherwise prescribed by this Act, all decisions of the Senate shall be taken on the basis of the opinion of a majority of the members present. In the event of the members being evenly divided on any matter the person presiding over the meeting shall have a casting vote.
(10) The quorum for a meeting of the Senate shall be two thirds of its membership, a fraction being counted as one.
18. Powers and functions of the senate.—(1) The senate shall have the power of general supervision over the university and shall hold the vice-chancellor and the authorities accountable for all the functions of the university. the senate shall have all powers of the university not expressly vested in an authority or officer by this act and all other powers not expressly mentioned by this act that are necessary for the performance of its functions.
(2) Without prejudice to the generality of the foregoing powers, the Senate shall have the following powers to,—
(a) approve the proposed annual plan of work, the annual and revised budgets, the annual report and the annual statement of account;
(b) hold, control and lay down policy for the administration of the property, funds and investments of the University, including the approval of the sale and purchase or acquisition of immovable property;
(c) oversee the quality and relevance of the University’s academic programmes and to review the academic affairs of the University in general;
(d) approve the appointment of the Deans, Professors, Associate Professors and such other senior faculty and senior administrators as may be prescribed;
(e) institute schemes, directions and guidelines for the terms and conditions of appointment of all officers, teachers and other employees of the University;
(f) approve strategic plans;
(g) approve financial resource development plans of the University;
(h) consider the drafts of Statutes and Regulations proposed by the Syndicate and the Academic Council and deal with them in the manner as provided for in sections 27 and 28, as the case may be:—
Provided that the Senate may frame a Statute or Regulation on its own initiative and approve it after calling for the advice of the Syndicate or the Academic Council as the case may be;
(i) annul by order in writing the proceedings of any Authority or officer if the Senate is satisfied that such proceedings are not in accordance with the provisions of this Act, Statutes or Regulations after calling upon such Authority or officer to show cause why such proceedings should not be annulled;
(j) recommend to the Chancellor removal of any member of the Senate in accordance with the provisions of this Act;
(k) make appointment of members of the Syndicate, other then ex officio members, in accordance with the provisions of this Act;
(l) make appointment of members of the Academic Council, other than ex officio members, in accordance with the provisions of this Act;
(m) appoint Emeritus Professors on such terms and conditions as may be prescribed;
(n) remove any person from the membership of any Authority if such person:—
(i) has become of unsound mind; or
(ii) has become incapacitated to function as member of such Authority; or