Provided that the special focus or affiliation of the institute, 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 Institute who are appointed to the Senate:
(g) one person from amongst the alumni or the Institute;
(h) two persons from the academic community of the country, other than an employee of the Institute, at the level of professor or principal of a college;
(i) four institute teachers; and
(j) one person nominated by the Commission.
(2) The numbers of the members of the Senate described against clauses (g) to (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, with a maximum of five Institute 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 (g) and (h) 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 Institute teachers described in clause (I) 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 or Institute teachers:
Provided also that the Senate may alternatively prescribe that appointment of Institute teachers to the Senate shall also be in the manner provided by this subsection for the persons described in clauses (g) and (h) 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 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 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 Institute 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) 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.
(9) 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 Institute and shall hold the Vice-Chancellor and the Authorities accountable for all the functions of the Institute. The Senate shall have all powers of the Institute 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—
(a) to approve the proposed annual plan of work, the annual and revised budgets, the annual report and the annual statement of account;
(b) to hold, control and lay down policy for the administration of the property, funds and investments of the Institute, including the approval of the sale and purchase or acquisition of immovable property;
(c) to oversee the quality and relevance of the institute's academic programmes and to review the academic affairs of the Institute in general;
(d) to approve the appointment of the Deans, Professors, Associate Professors and such other senior faculty and senior administrators as may be prescribed;
(e) to institute schemes, directions and guidelines for the terms and conditions of appointment of all officers, teachers and other employees of the Institute;
(f) to approve strategic plans;
(g) to approve financial resource development plans of the Institute;
(h) to 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 26 and 27, as the case may be:
Provided that the Senate may make 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) to 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;
(j) after calling upon such Authority or officer to show-cause why such proceedings should not be annulled;
(k) to recommend to the Chancellor removal of any member of the Senate in accordance with the provisions of this Act;
(l) to make appointment of members of the Syndicate, other than ex-officio members, in accordance with the provisions of this Act;
(m) to make appointment of members of the Academic Council, other than ex-officio members, in accordance with the provisions of this Act;
(n) to appoint Emeritus Professors on such terms and conditions as may be prescribed;
(o) to remove any person from the membership of any Authority if such person, —
(i) has become of unsound mind;
(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
(p) to determine the form, provide for the custody and regulate the use of the common seal of the Institute.
(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 Institute at its main campus, to any Authority, committee, officer or employee at its additional campus for the purpose of exercising such powers and performing such functions in relation to such additional campus, and for this purpose the Senate may create new posts or positions at the additional campus.
19. Visitations.—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 Institute.
20. Syndicate.—(1) There shall be a Syndicate of the institute consisting of the following:—
(a) the Vice-Chancellor who shall be its Chairperson;
(b) the Deans of the Faculties of the Institute;
(c) three professors from different departments, who are not members of the Senate, to be elected by the Institute teachers in accordance with procedure to be prescribed by the Senate;
(d) Principals of the constituent colleges;
(e) the Registrar;
(f) the Treasurer; and
(g) the Controller of Examinations.
(2) Members of the Syndicate, other than ex-officio members, shall hold office for three years.
(3) As regards the three professors described in clause (c) of 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 24. 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 one half of the total number of members, a fraction being counted as one.
(5) The Syndicate shall meet at least once in each quarter of the year.
21. Powers and duties of the Syndicate.—(1) The Syndicate shall be the executive body of the Institute and shall, subject to the provisions of this Act and the statutes, exercise general supervision over the affairs and management of the Institute.
(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 following powers—
(a) to consider the annual report, the annual and revised budget estimates and to submit these to the Senate;
(b) to transfer and accept transfer of movable property on behalf of the Institute;
(c) to enter into, vary, carry out and cancel contracts on behalf of the Institute;
(d) to cause proper books of account to be kept for all sums of money received and expended by the Institute and for the assets and liabilities of the Institute;
(e) to invest any money belonging to the Institute including any unapplied income in any of the securities described in Section 20 of the Trusts Act, 1882 (Act II of 1882), or in the purchase of immovable property or in such other manner, as it may prescribe, with the like power of varying such investments;
(f) to receive and manage any property transferred, grants, bequests, trust, gifts, donations, endowments and other contributions made to the Institute;
(g) to administer any funds placed at the disposal of the institute for specified purposes;
(h) to provide the buildings, libraries, premises, furniture, apparatus, equipment and other means required for carrying out the work of the Institute;
(i) to establish and maintain halls, residence and hostels or approve or license hostels or lodgings for the residence of students;
(j) to recommend to the Senate affiliation or disaffiliation of colleges;
(k) to recommend to the Senate admission of educational institutions to the privileges of the Institute and withdraw such privileges;
(l) to arrange for the inspection of colleges and the departments;
(m) to institute Professorships, Associate Professorships, Assistant Professorships, Lectureships, and other teaching posts or to suspend or to abolish such posts;
(n) to create, suspend or abolish such administrative or other posts as may be necessary;
(o) to prescribe the duties of officers, teachers and other employees of the Institute;
(p) to report to the Senate on matters with respect to which it has been asked to report;
(q) to appoint members to various Authorities in accordance with the provisions of this Act;
(r) to propose drafts of statutes for submission to the Senate;
(s) to regulate the conduct and discipline of the students of the Institute;
(t) to take actions necessary for the good administration of the Institute in general and to this end exercise such powers as are necessary;
(u) to delegate any of its powers to any Authority or officer or a committee; and
(v) to perform such other functions as have been assigned to it by the provisions of this Act or may be assigned to it by the statutes.
22. Academic Council.—(1) There shall be an Academic Council of the Institute consisting of the following:–
(a) the Vice-Chancellor who shall be its Chairperson;
(b) the Deans of Faculties and such Heads of departments as may be prescribed;
(c) five members representing the departments and the constituent colleges to be elected in the manner prescribed by the Senate;
(d) two Principals of affiliated colleges;
(e) five Professors including Emeritus Professors;
(f) the Registrar;
(g) the Controller of Examinations; and
(h) the Librarian.
(2) The Senate shall appoint the members of the Academic Council, other than the ex-officio and the elected members, on the recommendation of the Vice-Chancellor:
Provided that as regards the five professors and the members representing the departments and the constituent colleges 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 24. Appointment of persons proposed by the Representation Committee may be made by the Senate on the recommendation of the Vice-Chancellor.
(3) Members of the Academic Council shall hold office for a period of three years.
(4) The Academic Council shall meet at least once in each quarter.
(5) The quorum for meetings of the Academic Council shall be one half of the total number of members; a fraction being counted as one.
23. Powers and functions of the Academic Council.—(1) The Academic Council shall be the principal academic body of the Institute and shall, subject to the provisions of this Act and the statutes have the power to lay down proper standards of instruction, research and examinations and to regulate and promote the academic life of the Institute and the colleges.
(2) Without prejudice to the generality of the foregoing powers, and subject to the provisions of this Act and the statutes, the Academic Council shall have the power to,—
(a) approve the policies and procedures pertaining to the quality of academic programmes;
(b) approve academic programmes;
(c) approve the policies and procedures pertaining to student related functions including admissions, expulsions, punishments, examinations and certification;
(d) approve the policies and procedures assuring quality of teaching and research;
(e) recommend the policies and procedures for affiliation of other educational institutions;
(f) propose to the Syndicate schemes for the Constitution and organization of Faculties, teaching departments and boards of studies;
(g) appoint paper setters and examiners for all examinations of the Institute after receiving panels of names from the relevant authorities;
(h) institute programmes for the continued professional development of Institute teachers at all levels;
(i) recognize the examinations of other universities or examining bodies as equivalent to the corresponding examinations of the Institute;
(j) regulate the award of studentships, exhibitions, medals and prizes;
(k) make regulations for submission to the Senate;
(l) prepare an annual report on the academic performance of the Institute; and
(m) perform such functions as may be prescribed by regulations.
24. Representation Committees.—(1) There shall be a Representation Committee constituted, by the Senate through statute for recommendation of persons for appointment to the Senate in accordance with the provisions of Section 17.
(2) There shall also be a Representation Committee constituted by the Senate through statute for the recommendation of persons for appointment to the Syndicate and the Academic Council in accordance with the provisions of Sections 20 and 22.
(3) Members of the Representation Committee for appointments to the Senate shall consist of the following:—
(a) three members of the Senate of one is from the National Fertilizer Corporation of Pakistan who are not Institute teachers;
(b) two persons nominated by the institute teachers from amongst themselves in the manner prescribed;
(c) one person from the academic community, not employed by the Institute, at the level of professor or college Principal to be nominated by the Institute teachers in the manner prescribed; and
(d) one eminent citizen with experience in administration, philanthropy, development work, law or accountancy to be nominated by the Senate.
(4) The Representation Committee for appointments to the Syndicate and the Academic Council shall consist of the following:—
(a) two members of the Senate of one from NFC who are not Institute teachers; and
(b) three persons nominated by the Institute teachers from amongst themselves in the manner prescribed.
(5) The tenure of the Representation Committees shall be three years:
Provided that no member shall serve for more than two consecutive terms.
(6) The procedures of the Representation Committees shall be as may be prescribed.
(7) There may also be such other Representation Committees set up by any of the other Authorities as are considered appropriate for recommending persons for appointment to the various Authorities and other bodies of the Institute.
25. Appointment of committees by certain Authorities.—(1) The Senate, the Syndicate, the Academic Council and other Authorities may, from time to time, appoint such standing, special or advisory committees, as they may deem fit, and may place on such committee persons who are not members of the Authorities appointing the committees.
(2) The constitution, functions and powers of the Authorities for which no specific provision has been made in this Act shall be such as may be prescribed by statutes or regulations.
STATUTES, REGULATIONS AND RULES
26. Statutes.—(1) Subject to the provisions of this Act, statutes, to be published in the official Gazette, may be made to regulate or prescribe all or any of the following matters:—
(a) the contents of and the manner in which the annual report, to be presented by the Vice-Chancellor before the Senate, shall be prepared.
(b) the University fees and other charges;
(c) the constitution of any pension, insurance, gratuity, provident fund and benevolent fund for Institute employees;
(d) the scales of pay and other terms and conditions of service of officers, teachers and other Institute employees;
(e) the maintenance of the register of registered graduates;
(f) affiliation and disaffiliation of educational institutions and related mutters;
(g) admission of educational institutions to the privileges of the Institute and the withdrawal of such privileges;
(h) the establishment of Faculties, departments, colleges and other academic divisions;
(i) the powers and duties of officers and teachers;
(j) conditions under which the Institute may enter into arrangements with other institutions or with public bodies for the purposes of research and advisory services;
(k) conditions for appointment of Emeritus Professors and award of honorary degrees;
(l) efficiency and discipline of Institute employees;
(m) the constitution and procedure to be followed by Representation Committees in carrying out functions in terms of this Act;
(n) the constitution and procedure to be followed by the Search Committee for appointment of the Vice-Chancellor;
(o) constitution, functions and powers of the Authorities; and
(p) all other matters which by this Act are to be or may be prescribed or regulated by statutes.
(2) The draft of statutes shall be proposed by the Syndicate to the Senate which may approve with such modifications as the Senate may think fit or may refer back to the Syndicate, as the case may be, for reconsideration of the proposed draft:
Provided that statutes concerning any of the matters mentioned in, clauses (a) and (1) of sub-section (1) shall be initiated and approved by the Senate, after seeking the views of the Syndicate:
Provided further that the Senate may initiate a statute with respect to any matter in its power or with respect to which a statute may be made in terms of this Act and approve such statute after seeking the views of the Syndicate.
27. Regulations.–(1) Subject to the provisions of this Act and the statute, the Academic Council may make regulations, to be published in the official Gazette, for all or any of the following matters:—
(a) the courses of study for degrees, diplomas and certificates of the Institute;
(b) the manner in which the teaching referred to in sub-section (1) of Section 6 shall be organized and conducted;
(c) the admission and expulsion of students to and from the Institute;
(d) the conditions under which students shall be admitted to the courses and the examinations of the institute and shall become eligible for the award of degrees, diplomas and certificates;
(e) the conduct of examinations;
(f) conditions under which a person may carry or, independent research to entitle him to a degree;
(g) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(h) the use of the Library;
(i) the formation of Faculties, departments and Board of Studies; and
(j) all other matters which by this Act or the statutes are to be or may be prescribed by regulations.
(2) Regulations shall be proposed by the Academic Council and shall be submitted to the Senate which may approve them or withhold approval or refer them back to the Academic Council for reconsideration. A regulation proposed by the Academic Council shall not be effective unless it receives the approval of the Senate.
(3) Regulations regarding or incidental to matters contained in sub-clauses (g) and (i) shall not be submitted to the Senate without the prior approval of the Syndicate.
28. Rules.—(1) The Authorities and the other bodies of the Institute may make rules, to be published in the official Gazette, consistent with Act, to regulate any matter relating to the affairs of the Institute which has not been provided for by this Act or that is not required to be regulated by statutes or regulations, including rules to regulate the conduct of business and the time and place of meetings and related matters.
(2) Rules shall become effective upon approval by the Syndicate.
29. Institute fund.—The Institute shall have a fund to which shall be credited its income from fees, charges, donations, trusts, bequests, endowments, contributions, grants and all other sources.
30. Audits and accounts.—(1) The Accounts of the Institute shall he maintained in such form and in such manner as may be prescribed.
(2) The teaching departments, constituent colleges or institutes and all other bodies designated as such by the Syndicate in terms of statutes shall be independent cost centres of the Institute with authority vested in the head of each cost centre to sanction expenditure out of the budget allocated to it. Provided that re-appropriation from one head of expenditure to another may be made by the head of a cost centre in accordance with and to the extent prescribed by the statutes.
(3) All funds generated by a teaching department, constituent college or other unit of the Institute through consultancy, research or other provision of service shall be made available without prejudice to the budgetary allocation otherwise made, after deduction of overheads in the manner and to the extent prescribed by statute; to the teaching department, constituent college or other unit for its development. A part of the funds so generated may be shared with the Institute teachers or researchers in charge of the consultancy, research or service concerned in the manner and to the extent prescribed by statute.
(4) No expenditure shall be made from the funds of the Institute, unless a bill for its payments has been issued by the head of the cost centre concerned in accordance with the relevant statutes and the Treasurer has verified that the payment is provided for in the approved budget of the cost centre, subject to the authority to re-appropriate available to the head of the cost centre.
(5) Provision shall be made for an internal audit of the finances of the Institute.
(6) Without prejudice to the requirement of audit by an auditor appointed by Government in accordance with the provisions of any other law in force, the annual audited statement of accounts of the Institute shall be prepared in conformity with the Generally Accepted Accounting Principles (GAAP) by a reputed firm of chartered accountants and signed by the Treasurer. The annual audited statement of accounts so prepared shall be submitted to the Auditor General of Pakistanfor his observations.
(7) The observations of the Auditor General of Pakistan, if any, together with such annotations as the Treasurer may make, shall be considered by the Syndicate and shall be placed before the Senate within six months of closing of the financial year.
31. Opportunity to show-cause.—Except as otherwise provided by law, no officer, teacher or other employee of the Institute holding a permanent post shall be reduced in rank, or removed or compulsorily retired from service for cause arising out of any act or omission on the part of the person concerned unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken.
32. Appeal to the Syndicate and the Senate.—Where an order is passed punishing any officer (other than the Vice-Chancellor), teacher or other employee of the Institute or altering or interpreting to his disadvantage the prescribed terms or conditions of his service, he shall, if the order is passed by any officer or teacher of the Institute other than the Vice-Chancellor, have the right to appeal to the Syndicate against the order, and if the order is passed by the Vice-Chancellor, have the right to appeal to the Senate.
33. Terms of service and remedy.—(1) Any person aggrieved by the decision or order of the Institute may seek remedy from the Civil Court of competent jurisdiction:
Provided that any provision as regards the terms and conditions of employment of persons in the service of Pakistan in general or in comparable employment notwithstanding the service of persons employed by the Institute shall be entirely governed by the terms and conditions prescribed by the relevant statutes.
(2) An officer, teacher or other employee of the Institute shall retire from service on the attainment of such age or tenure of service as may be prescribed.
(3) No adverse change shall be made in the terms and conditions of employment of any Institute teacher in the employment of the Institute on the date of commencement of this Act.
34. Benefits and insurance.—(1) The Institute shall constitute for the benefit of its officers, teachers and other employees schemes, as may be prescribed, for the provision of post-employment benefits as well as health and life insurance while in service.
(2) Where any provident fund has been constituted under this Act, the provisions of the Provident Fund Act, 1925 (XIX of 1925), shall apply to such fund as if it were the Government Provident Fund.
35. Commencement of term of office of members of Authority.—(1) When a member of a newly constituted Authority is elected, appointed or nominated, his term of office, as fixed under this Act, shall commence from such date as may be prescribed.
(2) Where a member who has accepted any other assignment or for any other similar reason remains absent from the Institute for a period of not less than six months he shall be deemed to have resigned and vacated his seat.
36. Filling of casual vacancies in Authorities.—Any casual vacancy among the members of any Authority shall be filled, as soon as conveniently may be, in the same manner and by the same person or Authority that had appointed the member whose place has become vacant and the person appointed to the vacancy shall be a member of such Authority for the residue of the term for which the person whose place he fills would have been a member.
37. Flaws in the constitution of Authorities.—Where there is a flaw in the constitution of an Authority as constituted by this Act, the statutes or the regulations on account of the abolition of a specified office under Government or because an organization, institution or other body outside the Institute has been dissolved or has ceased to function, or because of some other similar reason, such flaw shall be removed in such manner as the Senate may direct.
38. Proceedings of Authorities not invalidated by the vacancies.—No Act, resolution or decision of any Authority shall be invalid by reason of any vacancy on the Authority doing, passing, or making it or by reason of any want of qualification or invalidity in the election, appointment or nomination of any de facto member of the Authority, whether present or absent.
39. First statutes and regulations.—Notwithstanding anything to the contrary contained in this Act, the President of Pakistan shall promulgate the first statues and regulations which shall be deemed to be statutes and regulations made under Sections 26 and 27 and shall continue to remain in force until amended or replaced by new statutes and regulations in accordance with the provisions of this Act.
40. Repeal and savings.—Notwithstanding anything contained in any other law, the certificate of incorporation of the NFC institute issued vide No. JRL/1840 dated the 30th August, 1994, shall stand repealed from such date as may be notified by the Government in the official Gazette:
Provided that the Government may save, through appropriate provision in the repealing notifications, such acts or other legislative instruments constituting the NFC institute as are necessary for preservation of such specific features that are essential given the nature of the Institute and are not in conflict with the management and governance structure laid down by this Act or for continuation of the legal status of an institute, college or other constituent unit of the Institute as on the date of the notification in the official Gazette.
41. Transitory provisions.—(1) Notwithstanding anything contained in this Act, on the establishment of the Institute, the Senate shall be structured which shall initiate, as soon as possible, the process for the appointment of the members of the Syndicate and the Academic Council in accordance with the provisions of this Act.
(2) Any administrative set up at NFC Institute in existence immediately before the commencement of this Act, shall continue to function and shall as far as may be, exercise the powers respectively assigned to the Vice- Chancellor and the corresponding Authorities by or under this Act, until such time as they are respectively replaced in accordance with the prevision of this Act.
(3) Notwithstanding anything contained in this Act, the first Vice-Chancellor shall be appointed by the Chancellor for a period of four years.
42. Removal of difficulties.—(1) If any question arises as to the interpretation of any of the provisions of this Act, it shall be placed before the Chancellor whose decision thereon shall be final.
(2) If any difficulty arises in giving effect to any of the provisions of this Act, the Chancellor may make such order after obtaining the views of the Senate, not inconsistent with the provisions of this Act, as may appear to him to be necessary for removing the difficulty.
(3) Where this Act makes any provision for anything to be done but no provision or no sufficient provision has been made as respects the authority by whom, or the time at which, or the manner in which, it shall be done, then it shall be done by such authority, at such time, or in such manner as the Chancellor may direct after obtaining the views of the Senate.