ACT NO. VII OF 2013
MY UNIVERSITY ISLAMABAD ACT, 2013
An Act to provide for the establishment of my University, Islamabad
[Gazette of Pakistan, Extraordinary, Part-I, 14th March, 2013]
No. F. 24(3)/2013-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 11th March, 2013, is hereby published for general information:—
WHEREAS it is expedient to provide for the establishment of MY University at Islamabad and for matters connected with and ancillary thereto;
It is hereby enacted as follows:
1. Short title and commencement.—(1) This Act may be called the My University Islamabad Act, 2013.
(2) It shall come into force at once.
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
(i) "Academic Council" means the Academic Council of the University;
(ii) "Authority" means any of the authorities of the University;
(iii) "Affiliated institution" means Educational institution authorized by the Board to conduct academic programs, research and development projects as approved by the University;
(iv) "Board" means the Board of the University;
(v) "Board of trustees" means Board of Trustees of the University;
(vi) "Chancellor" means the Chancellor of the University;
(vii) "College" means a constituent college, department, Institute or Centers;
(viii) "Commission" means the Higher Education Commission of Pakistan;
(ix) "Constituent college" means an educational institution, by whatever manner described, maintained and administered by the University;
(x) "Controller" means the head of examination department of the University;
(xi) "Dean" means the head of a faculty of the University;
(xii) "Department" means teaching department of the University;
(xiii) "Director" means the head of an institute established as a constituent institute by the University;
(xiv) "Executive Committee" means the Executive Committee of the University;
(xv) "Faculty" means an administrative and academic unit of the University consisting of one or more departments. It also includes any Professor, Associate Professor, Assistant Professor or Lecturer, tutor, engaged whole-time or part-time by the University, or by a constituent college, institute or Centre;
(xvi) "Government" means the Federal Government;
(xvii) "Institute" means an institute or Centre, maintained and administered by the University;
(xviii) "Officer" means any officer of the University;
(xix) "Patron" means the Patron of the University;
(xx) "prescribed" means prescribed by the statutes, regulations or rules;
(xxi) "Professor Emeritus" means a retired Professor appointed by the Chancellor on honorary basis;
(xxii) "Principal" means the head of a college, or the institution under the University by whatever name or the designation;
(xxiii) "Registrar" means the Registrar of the University;
(xxiv) "Committee" means the committee set up by the Board of Trustees;
(xxv) "Statutes", "regulations" and "rules" mean respectively the statutes, regulations and rules made under this Act;
(xxvi) "Trust" means the My Trust;
(xxvii) "University" means MY University Islamabad, established under this Act; and
(xxviii) "Vice-Chancellor" means the Vice-Chancellor of the University.
3. Establishment and incorporation of the University.—(1) There shall be established a University to be called as MY University Islamabad, consisting of,—
(a) the Patron, the Chancellor, the Vice-Chancellor, the members of the Board and the Board of Trustees;
(b) the members of Executive Committee, Deans, the Chairmen of the teaching departments and members of the Academic Council or any other Councils, Committee or Advisory Committees, as the Board of Governors may establish or authorize from time to time of the University;
(c) the members of the Boards, committees and other bodies as the Board may establish;
(d) the members of the Faculties and students of the University and its constituent units in accordance with the terms prescribed from time to time, and all other; and
(e) such other officers and members of the staff as the Board may, from time to time, specify.
(2) The University shall be a body corporate by the name of MY University, having perpetual succession and a common seal, with powers, among others, 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.
(3) The principal seat of the University shall be at Islamabad and it may set up its campuses, colleges, institutes, offices, research or study centers and other facilities at such places in Pakistan as well as abroad as the Board may determine. The additional campuses shall be set up in other parts of the country, and in other parts of the world.
(4) 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.
(5) In particular and without prejudice to the authority granted to the Commission by the law, the Government or an authority or auditor appointed by the Government shall have no power to question the policy underlying the allocation of resources approved by the Board in the annual budget of the University.
4. Powers and Purposes of the University.—The University shall have the following powers, namely;—
(i) to promote and dissemination of knowledge and technology and to provide education, training, research, demonstration and scholarship in such branches of learning, as it may determine;
(ii) to make provisions for research, service to society and for the application, advancement and dissemination of knowledge by employing information technology including satellite, television, internet etc., or through conventional and innovative methods in the fields of management sciences, medical sciences, computer sciences, professional psychology, strategic studies, security studies, environmental sciences, engineering and such other disciplines from the fields of natural and social sciences as it may determine;
(iii) to determine courses for study at the under graduate level in its constituent units as well as in its affiliated institutions, centers and colleges;
(iv) to prescribe courses of studies to be conducted by it and its affiliated constituent units and appropriate bodies;
(v) 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;
(vi) to prescribe the terms and conditions of employment of the officers, Faculty and other employees of the University;
(vii) to affiliate itself or associate with any other Institutions or Universities and relevant bodies whether national or international;
(viii) to pursue and co-ordinate research innovation and development;
(ix) to decide teaching methods and strategies in order to ensure most effective research and academic programs;
(x) to use the financial and other resources allocated to it for execution of its functions;
(xi) to engage, where necessary, any persons on contract of specified duration and to specify the terms of each engagement;
(xii) to confer honorary degrees or other distinctions on approved persons in the manner prescribed by the Board in consultation with Board of trustees for the purpose;
(xiii) to confer degrees on the person who have carried out an independent research under prescribed conditions;
(xiv) to liaison with other research or academic organizations, industry and the relevant organization or institutions to promote Public Private partnership, innovation and research, development, industrialization for the purposes of education, training and development;
(xv) 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;
(xvi) to institute programs for the academic collaboration and exchange of students and Faculty between the University and other universities, educational institutions and research organizations, inside as well as outside Pakistan;
(xvii) to maintain linkages with alumni and the industry and the relevant bodies;
(xviii) to develop and implement fund-raising plans;
(xix) to provide and support the academic development of the faculty of the University;
(xx) to affiliate and dis-affiliate educational institutions or relevant organizations under prescribed conditions;
(xxi) to inspect colleges and other educational institutions affiliated or seeking affiliation with it;
(xxii) 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;
(xxiii) to co-operate with other universities, public authorities or private organizations inside as well as outside Pakistan, in such manner and for such purposes as it, may prescribe;
(xxiv) to institute professorships, associate professorships, assistant professorships and lectureships and any other posts and to appoint persons thereto;
(xxv) to create posts for teaching, research, extension, administration and other related purposes and to appoint persons thereto;
(xxvi) to reeognize selected members of teaching staff of colleges or educational institutions admitted to the privileges of the University or such other persons, as it may deem fit, as University Faculty;
(xxvii) to institute and award fellowships, scholarships, bursaries, medals and prizes under prescribed conditions;
(xxviii) to establish teaching departments, schools, colleges, faculties, institutes, workshops, laboratories. 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;
(xxix) to maintain order, discipline and security on campuses of the University and the colleges as per the rules and regulations of the University;
(xxx) to promote extra-curricular and recreational activities of the students and to make arrangements for promoting their health and general welfare;
(xxxi) to demand and receive such fees and other charges as it may determine from time to time;
(xxxii) to make provisions for research, advisory or consultancy services and with these objects to enter into arrangements with other institutions, public or private bodies, commercial and industrial enterprises, relevant Government, International, non-Governmental bodies, under prescribed conditions;
(xxxiii) to enter into, carry out, vary or cancel contracts;
(xxxiv) 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 and convert one kind of property into other in such manner as it may deem fit;
(xxxv) to provide for the printing and publication of research and other works;
(xxxvi) 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; and
(xxxvii) to decide virtual, online and distance teaching methods and strategies in order to ensure the conduct of most effective educational and training programs in the light of policy on the subject made by the Board of trustees.
5. University open to all classes, creeds, etc.—The University shall be open to all persons of either gender and of whatever religion, race, creed, class, color or domicile who qualify for the admission as set forth in the rules and regulations and the criteria and the policy maintained by the body and no person shall be denied privileges of the University on the ground of religion, race, caste, creed, class, color or domicile.
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 and other methods of instruction as well as practical work in the laboratories, hospitals, workshops and other organizations as it may deem appropriate.
(2) The authority responsible for organizing recognized teaching shall be such as may be prescribed.
OFFICERS OF THE UNIVERSITY
7. Officers of the University.—The following shall be the officers of the University, namely:—
(e) Principals of the constituent colleges;
(f) Head of the teaching and research departments;
(i) Controller of examinations and academic affairs; and
(j) such other persons as may be prescribed by the statutes or regulations or by the Board.
8. Patron.—(1) The Patron shall be appointed by the Trust.
(2) The Patron shall, when present, preside at the convocation of the University. In the absence of the Patron, the Board may request a person of eminence or the Chancellor to preside over the convocation of the University.
(3) The Patron shall have the authority to annul any decision or action of the Board, which he thinks was taken against the interest of academic excellence, religious and cultural ideology and national integrity.
9. Visitation.—(1) The Patron may, in accordance with the terms and procedures as may be prescribed, cause an inspection or inquiry to be made at the request of the Board of trustees or on his own motion in respect of any matter connected with affairs of the University and shall, from time to time, direct any person or persons to inquire into or carry out inspection of,—
(a) the University, its building, laboratories, libraries and other facilities;
(b) any institution, department or hostel maintained by the University;
(c) the adequacy of financial and human resources;
(d) the teaching, research, curriculum, examination and other matters of the University; and
(e) such other matters as the Patron may specify.
(2) The Patron shall communicate to the Board of trustees his views with regard to the result of visitation and shall, after ascertaining the views of the Board, advise the Chancellor on the action to be taken by it.
(3) The Chancellor shall, within such time as may be specified by the Patron, communicate to him such action, if any, as has been taken or may be proposed to be taken upon the results of visitation.
(4) The Chancellor shall communicate to the Board his views with regard to the results of inspection or inquiry and shall after ascertaining the views of said Board, advice the action to be taken.
(5) Where the Board as per Chancellor's direction does not, within the time specified, take action to the satisfaction of the Patron, the Patron may issue, in consultation with the Board of trustees, such directions, as he deems fit and the Board shall comply with all such directions.
10. Appointment and removal of Patron.—The Patron may be appointed for a fixed period of time two years and can be extended for another term of same length. He may be removed before expiry of his term by the Board of trustees resolution on any misconduct.
11. Chancellor.—(1) The Chancellor of the University shall be appointed by the Board of Trustees to hold the office for a term determined by the Trust.
(2) The Chancellor shall in the absence of Patron, preside over the convocations and meetings of the University of which his presence is desirable in the light of business being transacted. Every proposal to confer an honorary degree shall be subject to confirmation of the Chancellor.
(3) Where the Chancellor is satisfied that the proceedings or orders of any authority are not in accordance with provision of the act, the statues, regulations or rules, he may after, calling upon such authority to show cause in writing, annul such proceedings or order, after the final approval from the Board of trustees.
12. Appointment and Removal of the Chancellor.—(1) The terms of the office of Chancellor shall be for a period of three years:
Provided that there will be no bar to appoint a Chancellor for a second or subsequent term.
(2) The Board of trustees may, in consultation with the patron, remove the Chancellor; if he,—
(a) has become of unsound mind; or
(b) has been incapacitated to function as member of such authority; or
(c) has been convicted by a court of law of Pakistan of an offence involving moral turpitude; or
(d) on the resolution of the Board of trustees for misconduct.
13. Vice-Chancellor.—(1) There shall be a Vice-Chancellor of the University who shall be appointed by the Board of Trustees in consultation with the Chancellor. The Vice-Chancellor shall be an eminent academician 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. He shall have the overall responsibility for the direction, organization, administration and programmes of the University, in accordance with the guidelines and general policies formulated by the Board and for the implementation of the decisions and policies of the Board.
(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 an immediate action ordinarily not in his competence, take such action and report to the Board.
(5) The Vice-Chancellor shall be appointed for a renewable tenure of five years on terms and conditions prescribed by statutes. The tenure of an incumbent Vice-Chancellor shall be renewed by the Chancellor on receipt of a resolution of the Board in support of such renewal and under recommendation of Board of trustees:
Provided that the Chancellor may call upon the Board to reconsider such resolution once.
(6) The Board may, pursuant to a resolution in this behalf passed by simple majority vote of its membership, and on the final recommendation of the Board of trustees recommend to the Chancellor the removal of the Vice-Chancellor on the ground of in-efficiency, moral turpitude or physical or mental incapacity or gross misconduct, including misuse of position for personal advantage of any kind:
Provided that the Chancellor may make a reference to the Board stating about in-efficiency, moral turpitude or physical or mental incapacity or gross misconduct on the part of the Vice-Chancellor that has come to his notice. After consideration of the reference, the Board under recommendation may, pursuant to a resolution in this behalf passed by simple majority of its membership, recommend to the Chancellor the removal of the Vice-Chancellor:
Provided further that prior to a resolution for removal of the Vice-Chancellor being voted upon, the Vice-Chancellor shall be given an opportunity of being heard.
(7) A resolution recommending 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 Board.
(8) At any time when office of the Vice-Chancellor is vacant or the Vice-Chancellor is absent or is unable to perform functions of his office due to illness or some other cause, the Board shall make such arrangements for performance of the duties of the Vice-Chancellor as it may deem fit.
(9) The Vice-Chancellor shall also have the following powers, namely:—
(a) to oversee, monitor and supervise all academic activities, including examinations and applied research to ensure that proper academic standards are maintained, in consultation with the academic council and the Board;
(b) to direct, faculty, scholars, 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 purposes of the University;
(c) to sanction by re-appropriation an amount, not exceeding an amount prescribed by the Board, for an unforeseen item not provided for in the budget;
(d) to make appointment of such categories of employees of the University and in such manner, as may be prescribed by statutes;
(e) to suspend, punish and remove from service, in accordance with prescribed procedure, officers, teachers and other employees of the University except those appointed by or with approval of the Board;
(f) to delegate, subject to such conditions as may be prescribed, any of his powers under this Act to an officer or officers of the University; and
(g) to exercise and perform such other powers and functions as may be prescribed.
14. Dean.—(1) There shall be a Dean of each faculty, department, college, institution or centre to be appointed by the Chancellor on recommendation of the Vice-Chancellor, on such terms and conditions as may be prescribed.
(2) The Dean shall be in-charge of the faculty and shall assist the Vice-Chancellor on matters relating to teaching, research, academic program and extension of other development projects.
(3) Subject to overall supervision of the Vice-Chancellor, the Dean shall formulate and recommend to the Academic Council, rules and regulations relating to academic and research matters of the faculty.
(4) The Dean shall also have the following powers, namely:-
(a) to collaborate with universities, industry and other research organizations;
(b) to formulate recommendations to the Academic Council on the courses of study to be taught in different departments of the faculty;
(c) to co-ordinate the award of fellowships, stipends, medals and prizes;
(d) to co-ordinate the teaching and research work of the faculty;
(e) to perform, such other functions and exercise such other powers as may be entrusted or delegated to him by the Board or the Vice-Chancellor; and
(f) to delegate any of his powers to appropriate levels of management, subject to such conditions as he may deem fit.
15. Registrar.—(1) There shall be a Registrar of the University to be appointed by the Chancellor on recommendation of the Vice-Chancellor, on such terms and conditions, as may be prescribed.
(2) The experience as well as professional and academic qualifications necessary for appointment to the post of the Registrar shall be as may be prescribed.
(3) The Registrar shall be a full-time officer of the University and shall—
(a) be the administrative head of the secretariat of the University and be responsible for the provision of secretariat support to the authorities of the University;
(b) be the custodian of the common seal and the academic record 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 Board may, on advice of the Vice-Chancellor, terminate appointment of the Registrar on grounds of in-efficiency or misconduct in accordance with prescribed procedure.
16. Treasurer.—(1) there shall be a Treasurer of the University to be appointed by the Chancellor on recommendation of the Vice-Chancellor, on such terms and conditions as may be prescribed.
(2) The experience as well as 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;