ACT No. XVII OF 2015

NATIONAL UNIVERSITY OF MEDICAL SCIENCES ACT, 2015

An Act to establish the National University of Medical Sciences

[Gazette of Pakistan, Extraordinary, 31^st October, 2015]

No. F. 9(23)/2015-Legis., dated 29.10.2015.–The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 28th October, 2015, is hereby published for general information:–

WHEREAS it is expedient to establish the National University of Medical Sciences and to provide for the matters connected therewith and incidental thereto;

It is hereby enacted as under:–

1. Short title and commencement.–(1) This Act may be called the National University of Medical Sciences Act, 2015.

(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) “Affiliated College” includes any college, institute, institution, centre or hospital affiliated to the University but not maintained or administered by it;

(iii) “Authority” means any of the Authorities of the University specified or set up in terms of Section 16;

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

(v) “Campus” means any infrastructure of the university within country or abroad;

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

(vii) “College” means a college constituted or affiliated with the University;

(viii) “Commission” means the Higher Education Commission set up by the Higher Education Commission Act, 2002 (LIII of 2002);

(ix) “Constituent College” means an educational college or institute in the health studies, by whatever name described, maintained and administered by the Armed Forces University including Army Medical College, Rawalpindi; Armed Forces Postgraduate Medical Institute, Rawalpindi and such other college or institute or institution designated as such by the Board of Governors;

(x) “Controller of Examinations” means the chief coordinator of examinations of the University;

(xi) “Commandant” means administrative head of an institute or hospital;

(xii) “Dean” means head of a faculty or academic head of institute under the University or the head of an academic body granted the status of a Faculty by this Act or by the Statutes or Regulations;

(xiii) “Department” means a teaching department maintained and administered, or recognized by the University in the manner prescribed;

(xiv) “Director” means the head of a department or section established by the University established by Statutes or Regulations in terms of the powers delegated by this Act including but not limited to: Director Administration; Director Finance; Director Legal; Director Research and Development; Director Academic Coordination; Director International Affairs; Director Quality Assurance; Director Human Resource or Director Planning and this post may be upgraded to Director General on need basis;

(xv) “Director General” means the head of the directorate of Armed Forces of Pakistan wherever such post exists or head of an institute or department under University with duties as may be prescribed;

(xvi) “Faculty” means an administrative and academic unit of the University consisting of one or more departments as may be prescribed;

(xvii) “Government” means the Federal Government;

(xviii) “Institute” means an institute constituted or affiliated with University;

(xix) “prescribed” means prescribed by Statutes, Regulations or Rules and made under the Act;

(xx) “Principal” means the head of a College or Institute;

(xxi) “Pro-Vice Chancellor” means Pro-Vice Chancellor of the University;

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

(xxiii) “Regulation” means regulations made under this Act;

(xxiv) “Representation Committees” means the Representation Committees constituted under Section 23;

(xxv) “Search Committee” means the Search Committee set up by the Board of Governors under sub-section (2) of Section 11;

(xxvi) “Statutes”, “Regulations” and “Rules” mean respectively the Statutes, the Regulations and the Rules made under this Act and for the time being in force;

(xxvii) “Syndicate” means the Syndicate of the University;

(xxviii) “Teachers” include Professors, Associate Professors, Assistant Professors, registrars, and Lecturers, Demonstrators engaged whole-time by the University or by a constituent or affiliated college and such other persons as may be declared to be teachers by Regulations;

(xxix) “Teaching Hospitals or Institutes” or “University Hospitals or Institutes” means any hospital or institute by whatever name described, designated by the University for teaching, training and research purposes presently including but not limited to Armed Forces Institute of Cardiology, Rawalpindi; Armed Forces Institute of Pathology, Rawalpindi; Armed Forces Institute of Transfusion, Rawalpindi; Armed Forces Institute of Urology, Rawalpindi; Armed Forces Institute of Rehabilitation Medicine, Rawalpindi; Armed Forces Bone Marrow Transplantation Centre, Rawalpindi; Armed Forces Institute of Urology. Rawalpindi: Armed Forces Institute of Mental Health, Rawalpindi; Armed Forces Institute of Ophthalmology, Rawalpindi; Armed Forces Institute of Radiological Imaging, Rawalpindi; Armed Forces Institute of Nutrition, Lahore; Army Medical Corps School and Centre Abbottabad; Combined Military Hospital. Rawalpindi; Military Hospital, Rawalpindi; Combined Military Hospital Lahore; Combined Military Hospital Peshawar; Combined Military Hospital Kharian; Combined Military Hospital Multan; Combined Military Hospital Malir; Combined Military Hospital Quetta; Combined Military Hospital Sialkot; Combined Military Hospital Okara; Combined Military Hospital Jhelum; Combined Military Hospital Gujranwala; Combined Military Hospital Mangla; Combined Military Hospital Sargodha; Combined Military Hospital Abbottabad; Combined Military Hospital Murree; Combined Military Hospital Chunian; Combined Military Hospital Zhob; Combined Military Hospital Khuzdar; Combined Militaty Hospital Loralai; Combined Military Hospital Sibbi; Combined Military Hospital Dera Ismail Khan; Combined Military Hospital Mardan; Combined Military Hospital Bahawalpur; Combined Military Hospital Bahawalnagar; Combined Military Hospital Skardu; Combined Military Hospital Gilgit; Combined Military Hospital Nowshera; Combined Military Hospital Kohat; Combined Military Hospital Attack; Combined Military Hospital Hyderabad; Combined Military Hospital Pano Aqil; Combined Military Hospital Bannu; Combined Military Hospital Risalpur; Combined Military Hospital Landikotal; Combined Military Hospital Rahim Yar Khan; Combined Military Hospital Mailsi; Combined Military Hospital Chhor; Combined Military Hospital Dera Nawab Shah; Combined Military Hospital Badin; Combined Military Hospital Cherat; Combined Military Hospital Thai; Combined Military Hospital Tarbela; Combined Military Hospital Muzaffarabad; Combined Military Hospital Rawlakot; Combined Military Hospital Chunian; Army Cardiac Centre Lahore; Hand & Upper Limb Surgery Lahore; Heavy Industry Taxilla Hospital; Pakistan Naval Hospital; Hafeez, Islamabad; Pakistan Air Force Hospital, Islamabad. Shall include any other hospital or institute or institution designated as such by the Board of Governors. These hospitals or institutes shall act as University’s hubs for academic and research purposes and resource centres for continuing professional development opportunities;

(xxx) “University” means the National University of Medical Sciences established under this Act; and

(xxxi) “Vice-Chancellor” means the Vice-Chancellor of the University appointed under Section 10.

3. Establishment and incorporation of the University.–(1) There shall be established a University to be called the National University of Medical Sciences consisting of–

(a) the Chancellor, the Pro-Chancellor, the Board of Governors, the Vice-Chancellor, the Pro-Vice Chancellor, the Committee, the Syndicate, the Academic Council, the Principals, the Deans, the Commandants and the Director Generals;

(b) the officers and members of such other councils, committees and advisory bodies as the Board
of Governors may establish or authorize from time to time;

(d) such other officers and members of the staff as the Board of Governors may from time to time, specify.

(2) The University shall be a body corporate by the name of the National University of Medical Sciences, having perpetual succession and common seal, with power, among others, to acquire, hold and dispose of any property and shall by the said name sue and be sued.

(3) 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.

(4) The principal seat of the University shall be at Islamabad, and it may set up any number of Campuses, Colleges, Institutes, Institutions, Centers, Hospitals, etc., at such places in Pakistan as the Board of Governors may determine.

(5) 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 this Act.

4. Purposes, powers and functions of the University.–(1) The purposes of the University shall be the promotion and dissemination of knowledge and technology and to provide for instruction, training, research, demonstration and service in the health sciences and such related branches of learning as the Board of Governors may deem fit.

(2) The University shall be a fully autonomous body with autonomy to govern its academic and administrative functions in order to achieve its objectives and to.–

(i) determine courses of study in various fields of medical sciences and such other branches of learning as it may determine;

(ii) select and examine students;

(iii) award degrees, diplomas, certificates and other academic distinctions;

(iv) pursue and coordinate research;

(v) affiliate itself or associate with other institutions and establish faculties in Pakistan or abroad for better discharge of its function and responsibilities;

(vi) grant affiliation to educational institutes or colleges;

(vii) establish campuses abroad independently or in collaboration with that country;

(viii) decide teaching methods and strategies in order to ensure the most effective educational and research programs;

(ix) use the financial and other resources allocated to it for the execution of its functions;

(x) confer in the manner prescribed honorary degrees or other distinctions on persons approved by the Board of Governors for the purpose;

(xi) provide for such instructions for persons not being students of the University as it may determine, and to grant certificates and diplomas to such persons;

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

(xiii) accept the examinations passed and the periods of study spent by students of the University at other universities and places of learning as equivalent to such examinations and periods of study in the University as it may detenuine, and to withdraw such acceptance;

(xiv) institute Professorship, Associate Professorship, Assistant Professorships, Research Associateships and other posts, and to make appointment thereto;

(xv) create posts for teaching, research, extensions, administration and other related purposes and to appoint persons thereto;

(xvi) institute and award fellowships, scholarships, exhibitions, bursaries, medals and prizes under prescribed conditions;

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

(xviii) establish colleges, institutes, institutions, centres, hospitals, faculties, libraries, laboratories, workshops, 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 determine;

(xix) make provisions for research and advisory services and with these objects to enter into arrangements with other institutions or with public bodies within Pakistan and abroad under prescribed conditions;

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

(xxi) receive and manage property transferred and grants, bequests, trusts, gifts, donations, endowments and other contributions made to the University and to invest any funds, representing such property, grants, bequests, trusts, gifts, donations, endowments or contributions and to convert one kind of property into other, in such manner as it may deem fit;

(xxii) provide support for the printing and publication of research and other work;

(xxiii) authorize and agree when required by the colleges to the mobility of qualified staff among universities, research organizations and the Government or corporate bodies, provided that the rights and privileges of the staff under this arrangement shall be protected;

(xxiv) 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;

(xxv) provide career counselling and job search services to students and alumni;

(xxvi) maintain linkages with alumni;

(xxvii) develop and implement fund raising plans;

(xxviii) offer online and virtual courses, and telemedicine services;

(xxix) veterinary courses as may be prescribed;

(xxx) use the financial and other resources allocated to it for the execution of its functions; and

(xxxi) do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further its objects as a place of education, learning and research.

(3) The principal teaching facilities of the University shall consist of the constituent and affiliated institutes, colleges and hospitals and such other institutes, colleges and hospitals as may be determined by the Board of Governors from time to time.

(4) The University may enter into agreements, contracts and arrangements with governments, national or international organizations, institutions, hospitals, bodies and individuals for the purpose of carrying out its functions and activities.

(5) The University may do all such other acts and things as may be requisite in order to further the objects of the University.

(6) The University may, with the approval of the Board of Governors, provide facilities to the representatives of the Commission and the Pakistan Medical and Dental Council or such similar relevant organizations for visitation to enable them to verify that appropriate academic standards are being maintained by the University.

5. University to be open to all classes, creeds, etc.–(1) The University shall be open to all persons of either gender of whatever religion, race, class, creed colour or domicile who qualify for admission to the courses of study offered by the University based on the criteria and policy determined by the Board of Governors, and no such person shall be denied the privileges of the University on the ground only of gender, religion, race, class, creed, colour or domicile.

(2) The University shall institute financial aid programmes for students in need, to the extent considered feasible by the Board of Governors 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. Officers of the University.–The following shall be the principal officers of the University, namely:–

(a) the Chancellor;

(b) the Pro-Chancellor

(d) the Pro-Vice-Chancellor;

(e) the Principles or Commandants of Constituent Colleges;

(f) the Deans;

(g) Chairperson of the teaching departments;

(h) the Registrar;

(i) the Controller of Examination; and

(j) such person as may be prescribed to be an officer by the Board of Governors.

7. The Chancellor.–(1) The President of Pakistan shall be the ex officio Chancellor of the University.

(2) The Chancellor shall preside the convocations of the University.

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

(4) If the Chancellor is satisfied, that the proceedings or orders of any authority are not in accordance with the provisions of this Act, the statutes, regulations or the rules, he may, after calling upon such authority to show-cause in writing, annul such proceedings or orders.

8. Pro-Chancellor.–(1) The Chief of the Army Staff shall be the ex officio Pro-Chancellor of the University.

(2) The Pro-Chancellor shall attend the meetings at which business of the University is transacted.

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

(4) If the Pro-Chancellor is satisfied that serious irregularity or mis-management with respect to the affairs of the University has occurred, he may,–

(a) as regards proceedings of the Board of Governors, direct that specified proceedings be reconsidered and appropriate action taken within one month of the direction having been issued:

Provided that if the Pro-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 of Governors to show-cause in writing, appoint a five member Review Panel to examine and report to the Pro-Chancellor on the functioning of the Board of Governors. The report of the Review Panel shall be submitted within such time as the Pro-Chancellor may prescribe. 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 of Governors, direct the Board of Governors to exercise powers under Section 17.

9. Removal from the Board of Governors.–(1) The Pro-Chancellor may, upon the recommendation of the Review Panel, remove any person from the membership of the Board of Governors on the ground that such person has,–

(a) become of unsound mind;

(b) become incapacitated to function as member of the Board of Governors;

(d) absented himself from two consecutive meetings without just cause; or

(e) been guilty of misconduct, including use of position for personal advantage of any kind, or gross inefficiency in the performance of functions.

(2) The Pro-Chancellor shall remove any person from the membership of the Board of Governors on a resolution calling for the removal of such person supported by at least three-fourths of the membership of the Board of Governors:

Provided that before passing such resolution the Board of Governors 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 of Governors.

10. The Vice-Chancellor.–(1) The Vice-Chancellor shall be a notable academician with finest credentials and qualifications in medical sciences preferably Ph.D. or FCPS or equivalent from within the country or abroad or higher education in clinical and management sciences and shall be appointed on such terms and conditions as may be determined by the Board of Governors.

(2) The Vice-Chancellor shall be the Chief Executive Officer of the University responsible for overall administrative and academic functions of the University and for ensuring that the provisions of the 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 be responsible for implementation of the decisions and policies of the Board of Governors and shall have the following powers, namely:–

(a) oversee, monitor and supervise all academic activities including examinations and applied research to ensure that proper academic standards are maintained;

(b) exercise administrative control over the academic and administrative staff employed by the University including their recruitment;

(d) sanction by re-appropriation an amount not exceeding an amount prescribed by the Board of Governors for an unforeseen item not provided for in the budget and report it to the Board of Governors at the next meeting;

(e) direct the activities connected with execution of programmes for instruction, training, research, demonstration and service, and authorize expenditure provided for in the budget as approved by the Board of Governors;

(f) make appointments of teachers, officers, doctors and members of the staff of the University and other persons on regular basis in accordance with the policies and procedures approved by the Board of Governors so as to ensure the highest intellectual and moral qualities in the persons appointed;

(g) 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 Board of Governors;

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

(i) exercise and perform such other powers and functions as may be prescribed;

(j) submit to the Board of Governors, in accordance with the rules of procedure framed by it, reports on the activities of the University and the execution of the plans of works;

(k) prepare and revise from time to time statutes and regulations with the approval of the Board of Governors for the efficient and effective operations of the University; and

(l) provide the necessary requisite service to the Board of Governors.

(3) The Vice-Chancellor shall, if present, be entitled to attend any meeting of any Authority or body of the University.

(4) The Vice-Chancellor may, in an emergency that in his opinion requires immediate action ordinarily not in the competence of the Vice-Chancellor, take such action and forward, within seventy-two hours, a report of the action taken to the members of the Emergency Committee of the Board of Governors, to be set up by Statute. The Emergency Committee may direct such further action as is considered appropriate.

(5) The Vice-Chancellor shall present an annual report before the Board of Governors 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–

(a) academics;

(b) research;

(d) finances.

(6) The Vice-Chancellor’s annual report shall be made available, prior to its presentation before the Board of Governors, to all officers and University teachers and shall be published in such numbers as are required to ensure its wide circulation.

11. Appointment and removal of the Vice-Chancellor.–(1) The Vice-Chancellor shall be appointed by the Pro-Chancellor on the recommendations made by the Board of Governors.

(2) A Search Committee for the recommendation of persons suitable for appointment as Vice-Chancellor shall be constituted by the Board of Governors on the date and in the manner prescribed by the Statutes and shall consist of two eminent academicians nominated by the Pro-Chancellor of whom one shall be appointed as Convener, two members of the Board of Governors and two distinguished University Teachers who are not members of the Board of Governors. The two distinguished University Teachers shall be selected by the Board of Governors through a process, to be prescribed by Board of Governors 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 Pro-Chancellor.

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

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

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

Provided that the Pro-Chancellor may call upon the Board of Governors to reconsider such resolution once.

(5) The Board of Governors may, pursuant to a resolution in this behalf passed by three-fourths of its membership, recommend to the Pro-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 Pro-Chancellor may make a reference to the Board of Governors 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 Board of Governors may, pursuant to a resolution in this behalf passed by two-thirds of its membership, recommend to the Pro-Chancellor the removal of the Vice Chancellor:

Provided further that prior to a resolution for the removal of the Vice-Chancellor being voted upon the Vice-Chancellor shall be given a fair opportunity of being heard.

(6) A resolution recommending the removal of the Vice-Chancellor shall be submitted to the Pro-Chancellor forthwith. The Pro-Chancellor may accept the recommendation and order removal of the Vice-Chancellor or return the recommendation to the Board of Governors.

(7) At any time when the office of the Vice-Chancellor is vacant, or the Vice-Chancellor is absent or is unable to perform the functions of his office due to illness or some other cause, the Board of Governors shall make such arrangements for the performance of the duties of the Vice-Chancellor as it may deem fit.

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

(2) The Pro-Vice-Chancellor shall be an illustrious academician or an administrator with prescribed credentials in the healthcare field.

(3) The Pro-Vice-Chancellor shall serve as deputy to the Vice-Chancellor and assist him in overall administrative and academic functions of the University.

(4) The Pro-Vice-Chancellor shall be full-time officer of the University and assist in implementation of the decisions and policies of the Board of Governors and the Vice-Chancellor.

13. Registrar.–(1) There shall be a Registrar of the University to be appointed by the Board of Governors 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 records of the University;

(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 of Governors 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 Board of Governors on the recommendation of the Vice-Chancellor, on such terms and conditions as may be prescribed.

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

(3) The Treasurer shall be the chief financial officer of the University and shall,–

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

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

(d) have the accounts of the University audited annually so as to be available for submission to the Board of Governors within six months of the close of the financial year; and

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

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

Provided that the Board of Governors 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 Board of Governors 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 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 of Governors 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. Authorities.–(1) The following shall be the Authorities of the University, namely:–

(a) the Board of Governors;

(b) the Syndicate;

(d) the Board of Studies; and

(e) such other authorities as may be constituted by the Board of Governors.

(2) The Board of Governors, the Syndicate and the Academic Council may set up such other committees or sub-committees, by whatever name described, as are considered appropriate and desirable through Statutes or Regulations. Such committees or sub-committees shall be Authorities of the University for the purposes of this Act.

17. Board of Governors.–(1) The governance and control of the affairs of the University, and the power to lay down the policies of the University shall vest in a Board of Governors and shall consist of,–

(a) Pro-Chancellor who shall be ex-officio chairman of the Board of Governors;

(b) Adjutant General, General Headquarters:

(d) Vice-Chancellor.

(e) Pro-Vice-Chancellor;

(f) Secretary Ministry of Health Services, Regulations and Coordination Government of Pakistan (or a nominee not less than a Joint Secretary);

(g) Secretary, Ministry of Finance, Government of Pakistan (or a nominee not less than a Joint Secretary);

(h) Secretary Ministry of Defence (or a nominee not less than a Joint Secretary);

(i) Chairman, Haider Education Commission (or a nominee not less than a Executive Director or Director General);

(j) President, Pakistan Medical and Dental Council (or a nominee not less than the Secretary);

(k) Chairperson. Pakistan Medical Research Council;

(l) four persons from society at large being persons of distinction in the fields of administration, management, education, academics, law, accountancy, medicine, science and technology such that the appointment of these persons reflects a balance across the various fields:

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 Board of Governors;

(m) one person from amongst the alumni of the University;

(n) two persons from the academic community of the country, other than employees of the University, at the level of professor or principal of a college: and

(o) three University Teachers.

(2) Co-opted Members (on as required basis without voting rights).

(a) General Officers of General Headquarters as designated by the Chief of Army Staff; and

(b) Director General, Joint Staff Headquarters.

(4) The numbers of the members of the Board of Governors specified in clauses (1) to (o) of Sub-section (1) may be increased by the Board of Governors through Statutes subject to condition that the total membership of the Board of Governors does not exceed twenty one, with a maximum of five University Teachers and the increase is balanced, to the extent possible, across different categories specified in sub-section (1).

(5) All appointments to the Board of Governors shall be made by the Chancellor.

(6) Appointments of persons specified in clauses (1) to (o) 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 23 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 Board of Governors:

Provided that as regards the University Teachers described in Clause (o) of sub-section (1) the Board of Governors shall prescribe a procedure for appointment on the basis of elections that provide for voting by the various categories of University Teachers.

(7) The Chairman of the Board of Governors may, in consultation with the Board of Governors, appoint any other person including a medical scientist or educationist as member of the Board of Governors.

(8) The existence of a vacancy in, or defect in the constitution of. The Board of Governors, shall not invalidate any act or proceedings of the Board of Governors.

(9) The Board of Governors may direct any officer, member of faculty or any other person to be in attendance during all or any of its meeting or any part of the meeting.

(10) The members of the Board of Governors, other than the Vice-Chancellor, shall hold office for a term of three years and shall be eligible for re-appointment on the expiry of their term:

Provided that, in the case of the first Board of Governors constituted under this Act, one-third of the members for the time being, other than the Vice Chancellor, to be determined by lot, shall retire from office on the expiration of one year from such constitution, one-half of the remaining members, to be determined by lot shall retire from office on the expiration of two years from such constitution and the remaining one half shall retire from office on the expiration of the third year.

(11) The office of a member of the Board of Governors shall become vacant if he resigns or fails to attend three consecutive meetings of the Board without sufficient cause or leave of absence, or if his nomination is changed by the person nominating him.

(12) A causal vacancy in the office of a member of the Board shall be filled by a person nominated by the person or body who had nominated the member whose vacancy is to be filled.

(13) The Board of Governors shall exercise and perform the powers and functions hereinafter specified, namely:–

(a) to hold, control and administer the property, funds and resources of the University and to borrow or raise money for the purposes of the University upon such security as may be required;

(b) to formulate or approve the principles, policies and plans governing the activities and operations of the University so as to ensure that the academic staff enjoy academic freedom in their research and educational work;

(c) to prepare or have prepared and revised from time to time the statutes, rules and regulations for the efficient and effective operation of the University;

(d) to review and approve the creation of any standing component of the University, such as faculties, colleges, programmes, institutes, hospitals, standing committees and councils and other administrative bodies necessary to assist or improve the working of the University;

(e) to approve the plans of work and annual budget of the University submitted by the Director Finance, the budget being based on the budget prepared and submitted by the University itself and by the constituent or affiliated college or institute institution centre hospital;

(f) to require of, and consider reports submitted by the officers of the University relating to the activities of the University and the execution of the plans of work and to direct the Vice-Chancellor to submit reports relating to any matter specified by the Board of Governors;

(g) to create such academic or administrative posts as it may consider necessary for the purposes of the University and to approve appointments to such of these posts as it may specify, including the posts of deans, directors, professors, associate professors, assistant professors, lecturers and demonstrators;

(h) to select and appoint, all administrative and academic staff of the University;

(i) to fix the scales of pay, allowances and honoraria for all the staff, both academic and administrative, commensurate with their qualification and experience, in order to attract the best talent from within and outside Pakistan for the University;

(j) to undertake responsibility for the financial integrity of the University including responsibility for ensuring effectiveness of its future operations and their continuity and the preservation of the autonomy of the University;

(k) to approve all affiliations and other similar arrangements through which colleges, institutions, hospitals or individuals may become, associated with the University from within Pakistan and abroad;

(l) to appoint from amongst its members such committees or sub-committees as may in the opinion of the Board of Governors lead to its more efficient and effective operations; and

(m) to take all such initiatives as it may consider necessary or desirable for the efficient and effective management and functioning of the University.

(14) The Board of Governors shall lay down its own rules of procedures and may amend or modify them from time to time.

(15) The Board of Governors may delegate all or any of its powers and functions to a committee, sub-committee or to the Vice-Chancellor.

(16) The Board of Governors shall not start functioning until the Chairman and the members to be nominated by the Pro-Chancellor have been nominated and no act or proceeding of the Board shall be invalid by reason only of the existence of a vacancy in, or defect in the constitution of, the Board of Governors.

18. Meetings of the Board of Governors, etc.–(1) The Board of Governors shall meet at least twice a year for regular or scheduled meetings and may meet at any other time at which a special meeting thereof may be called by the Chairman of the Board of Governors or requisitioned in writing by not less than four members of the Board of Governors.

(2) Not less than ten clear days’ notice of a special meeting shall be given to the members of the Board of Governors and the agenda of the meeting shall be restricted to the matters specified in the agenda to be annexed to such notice.

(3) The quorum for a meeting of the Board of Governors shall be one-half of its members, a fraction being counted as one.

(4) The decisions of the Board of Governors shall be expressed in terms of the views of the majority of the members present and voting and, if the members are equally divided, the Chairman shall have and exercise a second or casting vote.

19. Syndicate.–(1) The Syndicate shall comprise the following, namely:–

(a) Vice-Chancellor who shall be the Chairman of the Syndicate;

(b) Pro-Vice-Chancellor;

(d) Director Generals;

(e) Nominee from Higher Education Commission not less than Director General;

(f) Principals constituent or affiliated colleges;

(g) Commandants of institutes or, institutions, centers or hospitals etc., as may be required;

(h) Deans of Faculties of the University;

(i) three professors from different departments, who are not members of the Board of Governors, to be elected by the University Teachers in accordance with procedure to be prescribed by the Board of Governors;

(j) Directors as may be required;

(k) Registrar;

(l) Treasurer; and

(m) Controller of Examination.

(2) The Board of Governors may include any other person as member of the as it may deem appropriate.

(3) The Principals, Commandants and Deans otherwise not members shall, whenever invited, attend the meetings of the Syndicate.

(4) The Syndicate shall act as an advisory as well as an implementing body for the decisions of the Board of Governors on all matters relating to the conduct of examinations, revision and updating of course syllabi, quality of education, and duration of all courses including conduct of postgraduate classes in specified disciplines.

20. Powers and duties of the Syndicate.–(1) The Syndicate shall be the executive body of the University and shall, subject to the provisions of the Act and the Statutes, exercise general supervision ever the affairs and management of the University.

(2) The Syndicate shall have the following powers, namely:–

(i) consider the annual report, the annual and revised budget estimates and to submit these to the Board of Governors;

(ii) recommend allocation of training and research fund to the Colleges, Institutes, institutions, centres, hospitals;

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

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

(v) 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;

(vi) invest any money belonging to the University including any unapplied income in any of the securities described in Section 20 of the Trusts Act, 1882 (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;

(vii) receive and manage any property transferred, and grants, bequests, trust, gifts, donations, endowments, and other contributions made to the University;

(viii) administer any funds placed at the disposal of the University for specified purposes;

(ix) provide the buildings, libraries, premises, furniture, apparatus, equipment and other means required for carrying out the work of the University;

(x) establish and maintain halls of residence and hostels or approve or license hostels or lodgings for the residence of students;

(xi) recommend to the Board of Governors affiliation or disaffiliation of colleges;

(xii) recommend to the Board of Governors admission of educational institutions to the privileges of the University and withdraw such privileges;

(xiii) arrange for the inspection of colleges and the departments;

(xiv) institute Professorships, Associate Professorships, Assistant Professorships, Lectureships, and other teaching posts or to suspend or to abolish such posts;

(xv) create, suspend or abolish such administrative or other posts as may be necessary;

(xvi) prescribe the duties of officers, teachers and other employees of the University;

(xvii) report to the Board of Governors on matters with respect to which it has been asked to report;

(xviii) appoint members to various Authorities in accordance with the provisions of the Act;

(xix) propose drafts of Statutes for submission to the Board of Governors;

(xx) regulate the conduct and discipline of the students of the University;

(xxi) take actions necessary for the good administration of the University in general and to this end exercise such powers as are necessary;

(xxii) delegate any of its powers to any Authority or officer or a committee;

(xxiii) perform such other functions as have been assigned to it by the provisions of the Act or may be assigned to it by the Statutes;

(xxiv) delineate priorities for research;

(xxv) recommend apportioning of the national research and development budget for the University;

(xxvi) guide and direct the Board of Studies of each college and institute on all matters relating to the academics, including syllabi and duration of various courses;

(xxvii) recommend disciplines for all academic studies in the colleges, institutions, institutes, centres, hospitals and help in creation of necessary infrastructure for the same;

(xxviii) help induct highly competent scientific and technical talent into the faculty of each College to enhance the quality of education and research;

(xxix) recommend such measures which would foster and enhance interaction and collaboration between the University and the existing national and international organizations, institutions and research centres and the industrial base:

(xxx) workout and propose affiliation measures with foreign institutions of repute;

(xxxi) coordinate with relevant Government Ministries. Universities and Higher Education Commission;

(xxxii) propose statutes to the Board of Governors for approval; and

(xxxiii) prepare regulations for approval by the Board of Governors.

21. Academic Council.–(1) There shall be an Academic Council of the University consisting of the following, namely:–

(a) the Vice-Chancellor who shall be its Chairman:

(b) the Deans of Faculties or Commandants and such Heads of departments as may be required;

(d) Director General Surgery;

(e) Director Academics Higher Education Commission;

(f) five members representing the departments, institutes, hospitals and the constituent colleges as may be prescribed by the Board of Governors;

(g) Principals of the constituent or affiliated colleges;

(h) three Professors including Emeritus Professors;

(i) the Registrar;

(j) the Controller of Examinations; and

(k) the Librarian.

(2) The Board of Governors shall appoint the members of the Academic Council on the recommendation of the Vice-Chancellor:

Provided that as regards the five professors and the members representing the departments, institutes and the constituent colleges the Board of Governors 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 23. Appointment of persons proposed by the Representation Committee may be made by the Board of Governors on the recommendation of the Vice-Chancellor.

(3) The members of the Academic Council shall hold office for 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.

22. Powers and functions of the Academic Council.–(1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of the 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 University and the colleges.

(2) 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) help the Vice-Chancellor in evaluating, proposing and coordinating research and development projects and respective institutes, colleges and hospitals;

(e) approve the policies and procedures assuring quality of teaching and research;

(f) recommend the policies and procedures for affiliation of other educational institutions;

(g) propose to the Syndicate schemes for the constitution and organization of Faculties, teaching departments and boards of studies;

(h) appoint paper setters and examiners for all examinations of the University after receiving panels of names from the relevant authorities;

(i) institute programmes for the continued professional development of University Teachers at all levels:

(j) recognize the examinations of other Universities or examining bodies as equivalent to the corresponding examinations of the University;

(k) regulate the award of studentships, scholarships, exhibitions, medals and prizes;

(l) frame Regulations for submission to the Board of Governors;

(m) prepare an annual report on the academic performance of the University; and

(n) perform such functions as may be prescribed by Regulations.

23. Representation Committee.–(1) There shall be a Representation Committee constituted by the Board of Governors through Statute for recommendation of persons for appointment to the Board of Governors in accordance with the provisions of Section 17.

(2) There shall also be a Representation Committee constituted by the Board of Governors through Statute for the recommendation of persons for appointment to the Syndicate and the Academic Council in accordance with the provisions of Sections 19 and 21.

(3) Members of the Representation Committee for appointments to the Board of Governors shall consist of the following, namely:–

(a) three members of the Board of Governors who are not University Teachers;

(b) two persons nominated by the University Teachers from amongst themselves in the manner prescribed;

(c) one person from the academic community, not employed by the University, at the level of professor or college principal to be nominated by the University 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 Board of Governors.

(4) The Representation Committee for appointments to the Syndicate and the Academic Council shall consist of the following:–

(a) two members of the Board of Governors who are not University Teachers; and

(b) three persons nominated by the University Teachers from amongst themselves in the manner prescribed.

(5) The tenure of the Representation Committees shall be three years. 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 of the University as are considered appropriate for recommending persons for appointment to the various Authorities and other bodies of the University.

24. Board of Studies.–(1) There shall be a Board of Studies for each Faculty or constituent or affiliated college or institute comprising of following, namely:–

(a) Dean or Commandant who shall be its Chairman;

(b) Chairpersons of the Departments;

(d) selected teaching staff; and

(e) a representative of the University.

(2) The Board of Studies shall–

(a) implement the decisions of the Board of Governors and the Syndicate on all matters relating to academic standards, examinations and research;

(b) ensure feedback of the implemented measures on research and academic matters;

(d) formulate academic proposals to be submitted to the Syndicate or Vice-Chancellor for consideration or appropriate decision.

25. Appointment of committees by certain Authorities.–(1) The Board of Governors, 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.

26. Academic and administrative staff.–(1) The academic and administrative staff of the University shall be selected with a view to achieving its stated objectives and the basic criteria for their selection shall be the highest standards of competence, integrity and efficiency.

(2) The academic staff of the University shall enjoy freedom of expression in their research and educational work to achieve the objectives of the University.

27. University funds, audit and accounts.–(1) The University shall have a Fund to which shall be credited all direct donations, trusts, bequests, endowments, grants, proportionate budget from the Government, assistance from international agencies, contributions, shares of fee, and income from any other sources which shall be under the control of the Board of Governors.

(2) The Affiliated Colleges shall continue to receive their finances from the annual budget from their respective service headquarters or ministries.

(3) Capital and recurrent expenditure of the University shall be met from the allocation made by the Board of Governors out of the University Fund.

(4) No contribution, donation or grant which may directly or indirectly involve any immediate or subsequent financial liability for the University or which may involve an activity not included in its programmes shall be accepted without prior approval of the Board of Governors.

(5) The accounts of the University shall be maintained in such manner as may be determined by the Board of Governors and each year within six months of the closing of the financial year of the University, the annual audited report shall be prepared in conformity with the Generally Accepted Accounting Principles by a Chartered Accountant appointed by the Board of Governors and submitted to the Auditor General Pakistan Revenues.

(6) The accounts, together with the report of the auditor, shall be submitted to the Board of Governors for approval.

28. Pension, insurance, gratuity, provident fund and benevolent fund.–(1) The University shall constitute for the benefit of its officers, teachers and other employees in such manner and subject to such conditions as may be prescribed such pension, insurance, gratuity, provident fund and benevolent fund and other welfare schemes as it may deem fit.

(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.

29. Statutes.–(1) Subject to the provisions of this Act. Statutes may be made to regulate or prescribe all or any of the following matters namely:–

(a) creation of the colleges, institutes, hospitals and faculties:

(b) service, pension and fringe benefits for University employees and terms and conditions of their service;

(d) efficiency and discipline of the University employees; and

(e) all other matters required to be regulated by statutes.

(2) Draft of the statutes shall be proposed by the Syndicate for approval by the Board of Governors which any approve them or refer them back for reconsideration.

(3) No statute shall be valid until it has been approved by the Board of Governors.

30. Regulations.–(1) Subject to the provisions of this Act and the Statutes, the Syndicate may prepare regulations for all or any of the following matters, namely:–

(a) scheme of studies and research including the duration of courses, number of subjects or papers for examination;

(b) syllabi and courses of study and research programmes leading to degrees, diplomas or certificates;

(d) conduct and supervision of examination, appointment of examiners and scrutiny and tabulation of results;

(e) determination of fees and other charges for admission to various courses;

(f) maintenance of disciplines among-students and scheme for their welfare;

(g) institution of fellowships, scholarships, prizes and medals, honorarium and other financial assistance to students and research scholars;

(h) conduct of convocations and form of academic costumes; and

(i) all other academic matters which are to be or may be prescribed.

(2) The regulations shall be approved by the Board of Governors on recommendations of the committee;

(3) No regulation shall be valid until it has been approved by the Board of Governors.

31. Indemnity.–No suit, prosecution or other legal proceedings shall lie against the University or any Authority, officer or employee of the Government or the University or any person in respect of anything which is in good faith done or intended to be done under this Act.

32. Removal of difficulties.–(1) If any question arises as to the interpretation of any of the provisions of the Act, it shall be placed before the Board of Governors whose decision thereon will be final;

(2) If any difficulty arises in giving effect to any provision of this Act the Board of Governors may make such order to direction, not inconsistent with the provisions of this Order, as may appear to it to be necessary for the purpose of removing such 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 Board of Governors;

NATIONAL UNIVERSITY OF MEDICAL SCIENCES ACT, 2015

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