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The Abdul Wali Khan University Mardan, Act, 2009

NOTIFICATION

Dated Peshawar, the 24th October, 2009

                   No.PA/NWFP/Bills/2009/38482.__The  Abdul Wali Khan University Mardan Bill, 2009 having been passed by the Provincial Assembly of North-West Frontier Province on 9th October, 2009 and assented to by the Governor of the North-West Frontier Province on 20th October , 2009 is hereby published as an Act of the Provincial Legislature of the North-West Frontier Province.

 

(N-W.F.P. ACT NO XVIII OF 2009)

 

27th October 2010

 

AN ACT

              Preamble.—WHEREAS it is expedient to provide for the establishment of a University to be known as the Abdul Wali Khan University, Mardan and for matters connected therewith and ancillary thereto, in the manner hereinafter appearing; 

                It is hereby enacted as fallows:—

CHAPTER -I

PRELIMINARY

1.             Short title and commencement. — (1) This Act may be called the Abdul Wali Khan University, Mardan Act, 2009.

         (2)        It shall come into force at once.

2.             Definitions. —In this Act, unless the context otherwise requires, the following expression, shall have the meanings hereby respectively assigned to them, that is to say,—

(a)   “Academic Council” means the Academic Council of the University;

(b)   “affiliated college” or “affiliated institution” means a 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 18;

(d)           “college” means a constituent college or an affiliated college;

(e)           “Chairperson” means head of a Teaching Department;

(f)            “Chancellor” means the Chancellor of the University;

(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 college or institution, maintained and administered by the University;

(i)            “Dean” means the Dean of a Faculty;

(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 more than one department, as prescribed;

(m)          “Government” means the Government of the North-West Frontier Province ;

(n)           “Institution” means a constituent institution or an affiliated institution;

(o)           “Officer” means an Officer of the University specified in this Act;

(p)           “prescribed” means prescribed by Statutes, Regulations or Rules made in this Act);

(q)          “Pro Chancellor” means Pro Chancellor of the University;

(r)           “Professor Emeritus” and “Honorary Professor” means a retired Professor working in a Faculty in the capacity of an Emeritus or Honorary Professor;

CHAPTER -II

THE UNIVERSITY

3.             Establishment and Incorporation of the University. — (1) There shall be established a University to be known as Abdul Wali Khan University, Mardan.

(2)           The University shall consist of,—

(i)            the Chancellor, the Pro-Chancellor, the Vice Chancellor, the members of the Senate, the Deans, the Principals of the constituent colleges, the Directors of Institutes, the Chairperson of the Teaching Departments, the Registrar, the Controller of Examination, the Teachers and students of the University, the Librarian, the Auditor and such other officers as may be prescribed; and

(ii)the members of the Syndicate, the Academic Council, the Board of Faculties, constituent colleges, constituent  institutions of the University and other Authorities of the University.

(3)           The University shall be a body corporate by the name of Abdul Wali Khan University, Mardan having perpetual succession and a common seal and may, 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 or 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 powers 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 (LIII of 2002). 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 power to question the policy underlying the allocation of resources approved by the senate in the annual budget of the University.

 4.             Jurisdiction of the University. —The University shall exercise the powers conferred on it by or under this Act within the territorial limits of the North-West Frontier Province and in respect of such other educational institutions as may apply to the University for exercise of its powers.

 5.             University open to all. — (1) The University shall be open to persons of either sex of whatever religion, race, creed, colour or domicile who are academically qualified for admission to the courses of study offered by the University, and no such person shall be denied the privileges of the University on the ground only of sex, religion, creed, caste, race, class, colour or domicile.

(2)           An increase in any fee or charge that is in excess of ten per cent per annum on an annualized 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 on merit basis, to the extent considered feasible by the Senate subject to the resources available.

6.             Powers of the University. —The University shall have the following powers to,—

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

(iii)                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)            prescribe the terms and conditions of employment of the Officers, Teachers and otheremployees of the University and to lay down terms and conditions that may be different from those applicable to governments servants in general;

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

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

                      (vii)           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)          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; 

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

                       (x)             maintain linkages with alumni; 

                       (xi)            develop and implement fund-raising plans; 

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

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

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

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

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

 (xviii)       institute Professorships, Associate Professorships, Assistant Professorships and Lecturer ships and any other  posts and to appoint persons thereto;     

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

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

 (xxii)        establish teaching departments, schools, colleges, faculties, institutes, museums and other centers 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)       provide for separate residences for male and female students of the University and the colleges, to institute and maintain halls of residence and to approve or license hostels and lodging;

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

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

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

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

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

(xviiii)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)        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. 

7.             Teaching and Examinations.—(1) All recognized teaching in various courses in the University and affiliated colleges and affiliated institutions shall be conducted in the prescribed manner, and it may include lectures, tutorials, discussions, seminars, demonstrations as well as practical work in laboratories and workshops and other methods of instructions including, but not limited to, voices, graphics, text, dynamic, content, and data structures of all types whether they are in electronic, visual, auditory, optical or any other form. 

(2)           The teaching in any prescribed course in the University, colleges and Institutions shall be organized by such Authority as may be prescribed. 

(3)           The courses and the curricula for teaching in the University and colleges or Institutions shall be such as may be prescribed. 

(4)           A discipline to be called “Islamic and Pakistan Studies” shall be offered, as a compulsory subject at the Bachelor’s level, in the University and colleges and Institutions; provided that non-Muslim students may opt for “Ethics and Pakistan Studies”. 

(5)           The University may associate external examiners for conduct of examinations as and when necessary. 

(6)           The degree, diploma or certificate at the University shall only be granted to a student after he has fulfilled the prescribed requirements for the said degree, diploma or certificate. 

CHAPTER – III

OFFICERS OF THE UNIVERSITY 

8.             Officers of the University. —The following shall be the Officers of the University, namely:— 

(a)           the Chancellor; 

(b)           the Pro-Chancellor; 

(c)           the Vice-Chancellor; 

(d)           the Deans; 

(e)           the Principals of the constituent colleges; 

(f)            the Chairpersons of the Teaching Departments; 

(g)           the Registrar; 

(h)           the Directors; 

(i)            the Controller of Examinations; 

(j)            the Treasurer; 

(k)           the Librarian; and 

(l)            such other persons as may be prescribed to be Officers of the University. 

9.             Chancellor and Pro-Chancellor. — (1) The Governor of the North-West Frontier Province shall be the Chancellor of the University and the Chairperson of the Senate. 

                (2)           The Chancellor shall, when present, preside at the meetings of the Senate and the Convocation of the University. 

                (3)           The Minister of Higher Education Department, Government of the North-West Frontier Province , shall be the Pro-Chancellor of the University and shall aid and advise the Chancellor in such manner as may be required by the Chancellor. The Pro-Chancellor shall, in the absence of the Chancellor, preside at 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. 

                (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 exercises powers under section 20. 

(7)           The Chancellor shall have the powers to assent to such Statutes as are required to be submitted to him by the Senate or withhold assent or refer them back for reconsideration. 

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 two-third of the membership of the Senate and after consultation with Pro-Chancellor:— 

                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. 

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 Emergency Committee of the Senate, to be set up by the Statutes. The Emergency Committee may direct such further action as is considered appropriate. 

(5)           The Vice-Chancellor shall also have the powers to,— 

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

(ii)         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; 

(iii)           create, re-designate and fill adhoc or contract, temporary posts for a period not exceeding one year; 

(iv)          make appointments of such categories of employees of the University and in such manner as may be prescribed by the Statutes with consent and approval of the Government; 

(v)           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 above; 

(vi)          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 

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

                (6)           The Vice-Chancellor shall preside at the Convocation of the University in the absence of the Chancellor and the Pro-Chancellor. 

(7)           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:— 

(i)            academics; 

(ii)           research; 

(iii)          administration; and 

(iv)          finances. 

                (8)           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 from a panel of three candidates proposed by the Search Committee. 

(2)           A Search Committee for the recommendation of persons suitable for appointment as Vice-Chancellor shall be constituted by Chancellor and shall consist of,—

(a)           the Chief Secretary, Government of the North-West Frontier Province , who shall be Convener of the Search Committee;

(b)           three eminent members of the society, with experience in education, administration or social work; 

(c)           two members of the Senate, who are nominee of the Chancellor but not employees of the University; and 

(d)           the Secretary to Government, Higher Education Department. 

 (3)          The members mentioned in clauses (b) and (c) of sub-section (2) shall be nominated by the Chancellor from a panel recommended by the Pro-Chancellor while the members mentioned in clauses (a) and (d) shall be members of the Search Committee by virtue of their offices.

(4)           The Search Committee shall remain in existence till such time as a new Vice-Chancellor is appointed by the Chancellor. 

(5)           The Vice-Chancellor shall be appointed for a renewable tenure of three years on terms and conditions prescribed by Statutes. The tenure of an incumbent Vice-Chancellor shall be renewed by the Chancellor on the basis of his performance and on receipt of a resolution of the Senate in support of such renewal:— 

Provided that the Chancellor on advice of the Pro-Chancellor may call upon the Senate to reconsider such resolution once. 

(6)           The Senate may, pursuant to resolution in this behalf passed by two-third 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. 

(7)        Where the Chancellor and Pro-Chancellor is of the view that the Vice-Chancellor should be removed, he 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-third of its membership, recommend to the Chancellor the removal of the Vice-Chancellor:— 

Provided 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. 

(8)           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 for reconsideration. 

(9)           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 Chancellor may appoint one of the Deans/ Officer of the University to officiate as Vice-Chancellor. 

(10)         The Government may remove Vice-Chancellor at any time on report of his conduct. 

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:— 

                Provided that till such time as the Senate under Act is fully constituted, the appointment shall be made by the Chancellor on the recommendation of the Vice-Chancellor. 

                (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 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; 

(e)           conduct elections of members to the various authorities in the prescribed manner; 

(f)            be the Secretary of the Senate, the Syndicate, the Academic Council, Advanced Studies and Research Board, the Selection Board and such other committees/bodies as may be prescribed; and 

(g)           perform such other duties as may be specified by the Vice-Chancellor and other authorities of the University from time to time. 

(4)           The term of office of the Registrar shall be three years and may be renewed from time to time:— 

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. 

14.          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:— 

                Provided that till such time as the Senate under this Act is fully constituted, the appointment shall be made by the Chancellor on the recommendation of the Vice-Chancellor. 

                (2)           The experience and the professional and academic qualifications necessary for appointment to the post of the Treasurer shall be such 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 revise 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 account 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 three years and may be renewed from time to time:— 

                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. 

15.          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:— 

                Provided that till such time as the Senate under this Act is fully constituted, the appointment shall be made by the Chancellor on the recommendation of the Vice-Chancellor. 

                (2)           The minimum qualifications necessary for appointment to the post of the Controller of Examinations shall be such 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 form time to time:—

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

16.          Auditor. — (1) There shall be an internal Auditor of the University to be appointed by the Senate on such terms and conditions as may be determined by it. 

                (2)   The internal Auditor shall be responsible for pre-auditing of all bills and documents for all payments to be made by the University. 

                (3)           The audit of the University shall be conducted by the Auditor-General of or his nominee as per G.F.R and other rules in vogue.

17.          Other Officers.Subject to the provisions of this Act, the terms and conditions of service and the powers and duties of other officers of the University shall be such as may be prescribed. 

CHAPTER -IV

AUTHORITIES OF THE UNIVERSITY

18.          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 and Research Management Council; 

(ii)                    Recruitment, Development, Evaluation and Promotion Committees for teachers and other staff whether at the level of the Department, the 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 the purposes of section 26; 

(vi)              Faculty Council; 

(vii)             Departmental Council; 

(viii)            the committees or sub-committees set up under sub-section (2); and 

(ix)               such other Authorities as may be prescribed. 

                (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 and appropriate through Statutes or Regulations. 

19.          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 chairperson of the Senate or in his absence Pro-Chancellor; 

(aa)         the Pro-Chancellor; 

(b)           the Vice-Chancellor; 

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

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

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

(f)            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 with a view to reflecting a balance across the various fields nominated by the Government:— 

                 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; 

(g)           one person from amongst the alumni of the University by the Chancellor; 

(h)           two persons from the academic community of the Province of the North-West-Frontier or the country, other than an employee of the University, at the level of professor or Principal of a college, to be appointed by the Chancellor in consultation with the Pro-Chancellor;

(i)            four University Teachers; and

(j)            one person nominated by the Commission.

(2)           The numbers of the members of the Senate described against clauses (h), (i) and (j) 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, 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 in consultation with the Pro-Chancellor. Appointments of persons described in clauses (h) and (i) 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 26 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 (i) of sub-section (1), the Senate shall prescribe a procedure for appointment:—

                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 (g) and  (h) of sub-section (1).

                (4)           Members of the Senate, other then 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 twice in a calendar year, however, for the initial two years, the Senate shall meet quarterly and the service on the Senate shall be on honorary basis. The members of the Senate may, however, be reimbursed actual expenses, if any, incurred by them in connection with the affairs of the Senate in the manner prescribed. The Registrar shall be the Secretary of the Senate.

                (6)           In the absence of Chancellor the meeting of the Senate shall be presided over by the Pro-Chancellor.

                (7)           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. 

                (8)           The quorum for a meeting of the Senate shall be two-third of its membership, a fraction being counted as one.

20.          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 in 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 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 according to the laid 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 movable and 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 29 and 30, 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 to members of the Syndicate, other than ex-officio members, in accordance with the provisions of this Act.

(l)            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

(iii)          has been convicted by a court of law for an offence involving moral turpitude; and

(o)           determine the form, provide for the custody and regulate the use of the common seal of the University.

(3)           The Senate may, subject to the provisions of this Act, delegate all or any of the powers and functions of any Authority, Officer or employee of the University at its main campus, to any Authority, committee, Officer or employee at its additional campus, if any, for the purpose of exercising such powers and performing such functions in relation to such peripheral campuses, and for this purpose the Senate may create new posts or positions at the peripheral campuses. 

21.          Visitations. — (1) The Senate may, in accordance with the terms and procedures as may be prescribed, cause an inspection to be made in respect of any matter connected with the University.

                (2)           The Chancellor or Pro-Chancellor may also cause an inspection or inquiry to be made in respect of any matter directly or indirectly concerned with the University and, from time to time, appoint such expert or experts in the manner prescribed, for purposes of carrying out the inspection of various matters connected with the University.

                (3)           The Chancellor or Pro-Chancellor shall communicate the Senate his views with regards to the results of such inspection or inquiry and shall, after ascertaining the views thereon of the Senate, advise the Senate on action to be taken. 

                (4)           The Senate shall communicate to the Chancellor such action, it any, as has been taken or may propose action to be taken upon the results of the inspection or inquiry.

22.          Syndicate. — (1) The Syndicate shall consist of,—

(a)           the Pro-Chancellor, who shall be its Chairperson;

(aa)         the Vice-Chancellor of the University;

(b)           one member of the Provincial Assembly nominated by the Speaker of the Assembly;

(c)           the Deans of the Faculties of the University;

(d)           the Secretary to Government, Higher Education Department, or his nominee;

(e)           two principals (one each from public and private sectors) of affiliated colleges to be nominated by the Chancellor from a panel recommended by the Higher Education Department of Government:—

(f)            one Professor, One Associate Professor, One Assistant Professor and One Lecturer of the University, who are not members of the Senate, to be elected by the University Teachers in accordance with the procedure to be prescribed by the Senate:—

(g)           two principals of the constituent colleges (one male and one female);

(h)           three persons of eminence to be nominated by the Chancellor from a panel recommended by Pro-Chancellor;

(i)            the Registrar;

(j)            the Treasurer; and

(k)           the Controller of Examinations.

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

(3)           As regards the members referred to in clause (f) of the sub-section (1) the Senate may, as an alternative to elections, prescribe a procedure for proposal of a panel of names by the Representation Committee set up in terms of section 26. Appointment of persons proposed by the Representation Committee may be made by the Senate on the recommendation of the Vice-Chancellor.

(4)           The quorum for a meeting of the Syndicate shall be two-third of the total number of its members, a fraction being counted as one.

(5)           The Syndicate shall meet at least once in each quarter of the year.

23.          Powers and duties of the Syndicate.—(1) The Syndicate shall be the executive body of the University and shall, subject to the provisions of this Act and the Statutes, exercise general supervision over the affairs and management of the University.

(2)           Without prejudice to the generality of the foregoing powers, and subject to the provisions of this Act, the Statutes and directions of the Senate, the Syndicate shall have the powers to:—

(a)           consider the annual report, the annual and revised budget estimates and to submit these to the Senate;

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

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

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

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