ACT NO. XVI OF 2015

CAPITAL UNIVERSITY OF SCIENCE AND TECHNOLOGY ACT, 2014

An Act to provide for establishment of the Capital University of Science and Technology

[Gazette of Pakistan, Extraordinary, Part-I, 28th September, 2015]

No. F. 9(19)/2015-Legis., dated 22.9.2015.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 18th September, 2015, is hereby published for general information:–

WHEREAS it is expedient to provide for the establishment of Capital University of Science and Technology at Islamabad and for matters ancillary thereto;

It is hereby enacted as follows:–

CHAPTER I

PRELIMINARY

1.  Short title, application and commencement.–(1) This Bill may be called the Capital University of Science and Technology Act, 2014.

(2) It extents to the whole of Islamabad Capital Territory.

(3)  It shall come into force at once.

2.  Definitions.–In this Act, unless there is anything repugnant in the subject or context:–

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

(b)      “Authority” means any of the Authorities of the University set up under Section 18;

(c)      “Board” means the Board of Governors of the University;

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

(e)      “College” means a constituent college;

(f)       “Commission” means the Higher Education Commission of Pakistan;

(g)      Constituent College” means an educational institution, by whatever name described, maintained and administered by the University;

(h)      “Dean” means the head of a faculty of the University;

(i)       “Department” means a teaching department of the University;

(j)       “Director” means the head of an institute established as a constituent institute by the University;

(k)      “Executive Committee” means the Executive Committee of the University;

(l)       “Faculty” means an administrative and academic unit of the University consisting of one or more departments;

(m)     “Government” means the Federal Government;

(n)      “Institute” means an institute maintained and administered by the University;

(o)      “Officer” means any officer(s) of the University;

(p)      “Patron” means the Patron of the University;

(q)      “Prescribed” means prescribed by Statutes, regulations or rules;

(r)      “Professor Emeritus” means a retired Professor appointed by the Chancellor on honorary basis;

(s)      “Principal” means the head of a College;

(t)      “Registrar” means the Registrar of the University;

(u)      “Review Panel” means the Review Panel set up by the Chancellor under Section 10;

(v)      “Representation Committees” means the representation committees constituted under Section 25;

(w)     “Search Committee” means the search committee set up by the Board under Section 13;

(x)      “Statutes”, “Regulations” and “Rules” means respectively the Statutes, the Regulations and the Rules made under this Act;

(y)      “Teacher” include Professor, Associate Professor, Assistant Professor and Lecturer engaged whole-time by the University, or by a constituent college;

(z)      “Trust” means the Mohammad Ali Jinnah University Trust;

(aa)    “University” means the Capital University of Science and Technology;

(ab)    “University Teacher” means a whole-time teacher appointed and paid by the University; and

(ac)    “Vice-Chancellor” means the Vice-Chancellor of the University.

CHAPTER II

THE UNIVERSITY

3.  Establishment and Incorporation of the University.–(1) There shall be established at Islamabad a University to be called the Capital University of Science and Technology consisting of:–

(a)      the Patron, the Chancellor, the Vice-Chancellor, the members of the Board, the members of Executive Committee, deans, the chairmen of the teaching departments and members of the Academic Council of the University;

(b)      the members of the boards, committees and other bodies as the Board may establish;

(c)      the teachers and students of the University and its constituent units; and

(d)      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 Capital University of Science and Technology 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/study centres and other facilities at such places in Pakistan as Board of Governors may determine. The additional campuses shall be set up in other parts of the country only after their evaluation by the Higher Education Commission to determine whether they meet the eligibility criteria fixed by the Commission.

(4)      The University shall be competent to acquire and hold property, both movable and immovable, and to lease, sell or otherwise transfer any movable and immovable property which may have become vested in or been acquired by it.

(5)      Notwithstanding anything contained in any other law for the time being in force, the University shall have academic, financial and administrative autonomy, including the power to employ officers, teachers and other employees on such terms as may be prescribed, subject to the terms of this Act and the Higher Education Commission Ordinance, 2002 (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 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:–

(a)      to provide education and scholarship in such branches of knowledge as it may deem fit, and 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 methods;

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

(c)      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;

(d)      to prescribe the terms and conditions of employment of the officers, teachers and other employees of the University;

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

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

(g)      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;

(h)      to 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 Pakistan;

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

(j)       to maintain linkages with alumni;

(k)      to develop and implement fund-raising plans;

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

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

(n)      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;

(o)      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;

(p)      to institute Professorships, Associate Professorships, Assistant Professorships and Lectureships and any other posts and to appoint persons thereto;

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

(r)      to recognize selected members of the 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 teachers;

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

(t)      to establish teaching departments, schools, colleges, faculties, institutes, museums and other centres of learning for the development of teaching and research and to make such arrangements for their maintenance, management and administration as it may prescribe;

(u)      to provide for the residence of the students of the University and the colleges, to institute and maintain halls of residence and to approve or license hostels and lodging;

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

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

(x)      to demand and receive such fees and other charges as it may determine from time to time;

(y)      to make provision 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 under prescribed conditions;

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

(za)    to receive and manage property transferred and grants, contributions made to the University and to invest any fund representing such property, grants, bequests, trusts, gifts, donations, endowments or contributions in such manner as it may deem fit;

(zb)    to provide for the printing and publication of research and other works; and

(zc)     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

(zd)    to decide virtual/online teaching methods and strategies in order to ensure the conduct of most effective educational and training programs in tight of Policy on the subject made by the commission.

5.     University open to all classes, creeds, etc.–(1) The University shall be open to all persons of either gender and of whatever religion, race, creed, class, colour or domicile and no person shall be denied privileges of the University on the grounds of religion, race, caste, creed, class, colour or domicile.

(2)      An increase in any fee or charge that is in excess of ten percent per annum on an annualised basis from the last such increase may not be made except in special circumstances, and only with the approval of the Chancellor.

(3)      The University shall institute financial aid programmes for students in need, to the extent considered feasible by the Board given the resources available, so as to enable admission and access to the University and the various opportunities provided by it to be based on merit rather than ability to pay.

6.     Teaching at the University.–(1) All recognized teaching in various courses shall be conducted by the University or the colleges in the prescribed manner and may include lectures, tutorials, discussions, seminars, demonstrations and other methods of instruction as well as practical work in the laboratories, hospitals, workshops and other organizations.

(2)  The authority responsible for organizing recognized teaching shall be such as may be prescribed.

CHAPTER III

OFFICERS OF THE UNIVERSITY

7.     Officers of the University.–The following shall be the officers of the University, namely:–

(a)      Patron;

(b)      Chancellor;

(c)      Vice-Chancellor;

(d)      Deans;

(e)      Principals of the constituent colleges;

(f)       Head of the teaching departments:

(g)      Registrar;

(h)      Treasurer;

(i)       Controller of Examinations; and

(j)       such other persons as may be prescribed by the statutes or regulations.

8.     Patron.–(1) The President of Islamic Republic of Pakistan shall be the Patron of the University.

(2)      The Patron shall, when present, preside at the convocation of the University. In the absence of the Patron, the Board of Governors may request a person of eminence or the Chancellor to preside over the convocation of the University.

(3)      Every proposal to confer an honorary degree shall be subject to confirmation by the Patron.

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 on his own motion or at the request of the Higher Education Commission in respect of any matter connected with the 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 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)      Where the Board does not, within the time specified, take action to the satisfaction of the Patron, the Patron may issue such directions as he deems fit and Board shall comply with all such directions.

10.   Chancellor.–(1) The Chairman of the Trust shall be the Chancellor of the University and the Chairperson of the Board.

(2)  The members of the Board as well as the Vice-Chancellor shall be appointed by the Chancellor from amongst the persons recommended by the Representation Committee set up for this purpose or the Search Committee established in accordance with this Act and the statutes, as the case may be, along with those elected.

(3)  where 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 Board, 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 Board to show-cause in writing, appoint a five member Review Panel to examine and report to the Chancellor on the functioning of the Board. 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 Board, direct the Board to exercise powers under Section 19.

(4)      The Chancellor may remove any person from the membership of any authority if such person:–

(a)      has been found of unsound mind; or

(b)      has been incapacitated to function as a member of such Authority; or

(c)      has been convicted by a Court of law for an offence involving moral turpitude; or

(d)      has been found indulging in any activity against the interest of the University.

(5)      Should the Chancellor be incapacitated from acting as such due to absence or any other cause, the Vice-Chancellor or a nominee of the Chancellor shall act for him.

11.  Removal from the Board.–(1) The Chancellor may, upon the recommendation of the Review Panel, remove any person from the membership of the Board on the ground that such person:

(a)      has become of unsound mind; or

(b)      has become incapacitated to function as member of the Board; 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 Board on a resolution calling for the removal of such person supported by at least three-fourth of the membership of the Board:

Provided that before passing such resolution, the Board 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 Board.

12.  Vice-Chancellor.–(1) There shall be a Vice-Chancellor of the University who 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.

(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 the competence of the Vice-Chancellor, take such action and report to the Board.

(5)      The Vice-Chancellor shall also have the following powers, namely:–

(a)      to direct teachers, officers and other employees of the University to take up such assignments in connection with examination, administration and such other activities in the university as he may consider necessary for purposes of the University;

(b)      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.

(c)      to make appointment of such categories of employees of the University and in such manner as may be prescribed by the statutes;

(d)      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 the approval of the Board;

(e)      to delegate, subject to such conditions as may be prescribed, any of his powers under this A to an officer or officers of the University; and

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

13.  Appointment and Removal of the Vice-Chancellor.–(1) The Vice-Chancellor shall be appointed by the Chancellor on recommendations made by the Board.

(2)      A Search Committee for the recommendation of persons suitable for appointment as Vice-Chancellor shall be constituted by the Board on the date and in the manner prescribed by the Statutes and shall consist of two eminent members of society nominated by the Chancellor, of whom one shall be appointed the Convener, two members of the Board, two distinguished University Teachers who are not members of the Board and one academician of eminence not employed by the University. The two distinguished University Teachers shall be selected by the Board through a process, to be prescribed by Board, that provides for the recommendation of suitable names by the University Teachers in general. The Search Committee shall remain in existence till such time that the appointment of the next Vice-Chancellor has been made by the Chancellor.

(3)      The persons proposed by the Search Committee for appointment as Vice-Chancellor shall be considered by the Board and of these a panel of three, in order of priority, shall be recommended by the Board to the Chancellor:

Provided that the Chancellor may decline to appoint any of the three persons recommended and seek recommendations of a fresh panel. In the event of a fresh recommendation being sought by the Chancellor the search committee shall make a proposal to the Board in the prescribed manner.

(4)      The Vice-Chancellor shall be appointed for a renewable tenure of five years on terms and conditions prescribed by statute. The tenure of an incumbent Vice-Chancellor shall be renewed by the Chancellor on receipt of a resolution of the Board in support of such renewal:

Provided that the Chancellor may call upon the Board to reconsider such resolution once.

(5)      The Board may, pursuant to a resolution in this behalf passed by three-fourth of its membership, recommend to the Chancellor the removal of the Vice-Chancellor on the ground of inefficiency, moral turpitude or physical or mental incapacity or gross misconduct, including misuse of position for personal advantage of any kind:

Provided that the Chancellor may make a reference to the Board stating about inefficiency, 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 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 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.

(6)      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.

(7)      At any time when the 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.

14.  Dean.–(1) There shall be a dean of each faculty to be appointed by the Chancellor on recommendation of the Vice-Chancellor, on such terms and conditions as may he 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 relegations relating to academic and research matter 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 coordinate 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 the recommendation of the Vice-Chancellor, on such terms and conditions as may be prescribed.

(2)      The experience as well as the professional and academic qualifications necessary for appointment to the post of the Registrar shall be as may be prescribed.

(3)      The Registrar shall be a full-time officer of the University and shall:–

(a)      be the administrative head of the 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 inefficiency or misconduct in accordance with prescribed procedure.

16.   Treasurer.–(1) There shall be a Treasurer of the University to be appointed by the Board on the 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 chief financial officer of the University and shall:

(a)      manage the assets, liabilities, receipts, expenditures, funds and investments of the University;

(b)      prepare the annual and revised budget estimates of the University and present them to the Executive Committee or a committee thereof for approval and incorporation in the budget to be presented to the Board;

(c)      ensure that funds of the University are expended on the purposes for which they are provided:

(d)      have the accounts of the University audited annually; and

(e)      perform such other duties as may be prescribed.

(4)  The term of office of the Treasurer shall be a renewable period of three years:

Provided that the Board 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.

17.   Controller of Examinations.–(1) There shall be a Controller of Examinations, to be appointed by the Board on the recommendation of the Vice-Chancellor, on such terms and conditions as may be prescribed.

(2)      The minimum qualifications necessary for appointment to the post of the Controller of Examinations shall be as may be prescribed.

(3)      The Controller of Examinations shall be a full-time officer of the University and shall be responsible for all matters connected with the conduct of examinations and shall perform such other duties as may be prescribed.

(4)      The Controller of examinations shall be appointed for a renewable term of three years:

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

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY

18.   Authorities.–(1) The following shall be the authorities of the University, namely:–

(a)      authorities established by the Act:–

(i)       Board;

(ii)      Executive Committee;

(iii)     Academic Council;

(b)      authorities to be established by the statutes:–

(i)       board of Advanced Studies and Research;

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