ACT X OF 2018

CITY UNIVERSITY ACT, 2018

An Act to provide for the establishment of a University at Karachi in the name of The City University

[Gazette of Sindh Extraordinary, Part IV, 9th May, 2018]

No.PAS/LEGIS-PB-32/2018, dated 9.5.2018. ---The City University Bill, 2018 having been passed by the Provincial Assembly of Sindh on 17th April, 2018 and assented to by the Governor of Sindh on 2nd May, 2018 is hereby published as an Act of the Legislature of Sindh.

WHEREAS it is expedient to provide for the establishment of a University at Karachi in the name of The City University, in the private sector, and for matters connected therewith and ancillary thereto;

CHAPTER - I

PRELIMINARY

1. Short title and commencement. ---(1) This Act may be called The City University Act, 2018.

(2) 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) "Affiliated college or Institute" means a college or institute affiliated to the University;

(c) "Authority" means any of the Authorities of the University specified in section 15;

(d) "Board" means Board of Governors of the University;

(e) "Chairman" means the Chairman of the Board;

(f) "Chancellor" means the Chancellor of the University;

(g) "College" means the College and includes an institution in which arrangements exist for imparting instructions in general technical professional education or other disciplines of higher learning and such other subjects as may be prescribed;

(h) "Foundation" means the Board of Trustees of Raza Educational Foundation;

(i) "Commission" means the Sindh Higher Education Commission set up by the Sindh Higher Education Commission Act, 2013 (Sindh Act No. XI of 2013);

(j) "Department" means a teaching department maintained and administered or recognized by the University in the manner prescribed;

(k) "Higher Education Commission Pakistan" means the Commission established under Higher Education Commission Pakistan Ordinance 2002;

(l) "Executive Director" means the Executive Director of the University;

(m) "Dean" means the head of a Faculty;

(n) "Director" means the head of a teaching or administrative division of the university;

(o) "Faculty" means a Faculty of the University;

(p) "Government" means the Government of Sindh;

(q) "Institute" means an institute maintained and administered by the University;

(r) "Officer" means any of the officers of the University specified in section 7;

(s) "Prescribed" means prescribed by Statutes, Regulations or Rules;

(t) "Vice Chancellor" means the Vice Chancellor of the University;

(u) "Professor Emeritus" means a retired Professor appointed by the chancellor on honorary basis;

(v) "Registrar" means the Registrar of the University;

(w) "Statutes Regulation and Rules" means respectively the Statutes, Regulations and Rules made under this Act;

(x) "Teaching Department" means a Teaching Department established and maintained or recognized by the University;

(y) "Constituent College" means a college maintained and administered by the University;

(z) "Constituent Institute" means an Institute maintained and administered by the University;

(aa) "University" means The City University established under section 3 of this Act;

CHAPTER-II

THE UNIVERSITY

3. Incorporation. ---(1) There shall be established at Karachi a University to be called The City University.

(2) The University shall consist of the Board of Governors, Patron, the Chancellor, the Vice Chancellor, the Executive Director, Registrar, the Deans, the Head of the teaching department and members of the Academic Council and such other officers as may be prescribe;

(3) The University shall take measures to set up campus or campuses anywhere in Pakistan subject to Laws of the relevant provinces and Federal Government as the case may be;

(4) The University shall be a body corporate by the name of the The City University owned, managed and administered by the Foundation and shall have perpetual succession and a common seal with power, among others to acquire hold and dispose of any property vesting in it and shall by the said name, sue and be sued; it shall be at liberty to lend, mortgage and borrow from sister concerns;

(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 the terms of this Act. In particular, and without prejudice to the authority granted to the Commission by the law, the Government or any authority or auditor appointed by the Government shall have no power to question the policy underlying the allocation of resources approved by the Board of Governors in the annual budget of the University;

4. Powers and Purposes of the University. ---(1) The University shall have the power to-

(a) Provide for education and scholarship in such branches of knowledge as it may deem fit, and to make provision for research, service to society and for the application, advancement and dissemination of knowledge in such manner as it may determine;

(b) Admit and hold examinations and to award and confer degrees, diplomas, certificates and other academic distinctions to the persons who have been admitted to and have passed its examination under prescribed conditions;

(c) Confer honorary degrees or other distinctions on approved persons in the manner prescribed;

(d) Prescribe courses of studies to be conducted by the University and the constituent colleges or constituent institutions;

(e) Control the discipline of the students of the University, College and the Institutes in the prescribed manner;

(f) Provide for the printing and publication of research and other works;

(g) Control the residence of the students of the University, to institute and maintained halls of residence and to approve license hostels and lodgings;

(h) Institute and award fellowships, scholarships, exhibitions, bursaries, medals and prizes in such manner as may be prescribed;

(i) Enter into agreements, contracts and arrangements with Government organizations, institutions, bodies and individuals for carrying out its functions and activities;

(j) Establish camp offices and branch campuses in Pakistan;

(k) Demand and receive such fees and other charges as it may determine;

(l) Appoint members of the various bodies and committees as the Board may determine for instructional and co-curricular activities and admit students of the University and its constituent units;

(m) Establish faculties, teaching departments, research institutes and other learning centers in any and all branches of learning and to provide and support other faculties for education, professional training and research;

(n) Appoint such officers including teachers and members of the staff as necessary and prescribe terms and conditions and powers and duties of such officers and staff;

(o) Affiliate, or associate itself with other institutions and establish faculties in Pakistan for better discharge of its functions and responsibilities;

(p) Affiliate and disaffiliate with other educational institutions and inspect such institutions or associate itself with other selected educational training and research institutions, determine teaching methodology, techniques and strategies in order to ensure the most effective educational training and research programmes;

(q) Enter into agreements, contracts, arrangements with universities, organizations, institutions, bodies, governments and individuals for the purpose of carrying out its functions and activities and for the betterment of academic standards within Pakistan;

(r) Institute Professorship, Associate Professorship, Assistant Professorship and Lectureship and any other posts and to appoint persons thereto;

(s) 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;

(t) 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; and

(u) 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.

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 the privileges of the University on the grounds of religion, race, caste, creed, class, colour or domicile.

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

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

CHAPTER-III

OFFICERS OF THE UNIVERSITY

7. Principal Officers. ---The following shall be the officers of the University, who shall be appointed by the Foundation on such terms and conditions as deemed fit by the Foundation, and shall hold their respective posts at the pleasure of the Foundation.

i. the Chancellor;

ii. the Vice Chancellor

iii. the Executive Director

iv. the Deans;

v. the Directors;

vi. the Head of the Teaching Departments;

vii. the Registrar;

viii. the Director o f Finance;

ix. the Controller of Examinations;

x. such other persons as may be prescribed by the Statutes or Regulations to be the principal officers of the University.

8. Patron. ---(1) The Chief Minister shall be the Patron of the University.

(2) The Patron shall, when present, preside at the Convocation of the University or he may authorize the Chancellor or any other person to perform this function in his absence.

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

9. Chancellor. ---(1) The Chairman of the Board of Trustees (or his nominee) shall be the Chancellor of the University on such terms and conditions as it may determine.

(2) The Chancellor shall, when present, preside at the meetings of the Board of Governors of the University.

(3) If the Chancellor is satisfied that the proceedings of any Authority or orders of any officers are not in accordance with the provisions of this Act, the Statutes, the Regulations or Rules he may, after calling upon such Authority or officers to show cause why such proceedings should not be annulled by order in writing, annual such proceedings or orders.

(4) Should the Chancellor be incapacitated from acting as such due to absence or any other cause, the Secretary of the Board shall act for him

10. The Vice Chancellor. ---(1) The Vice Chancellor shall be appointed by the Board of Governors for such period and on such terms and conditions as the Chancellor may determine, and shall hold office during the pleasure of the Chancellor.

(2) 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 the office due to illness or some other cause, the Chancellor shall make such arrangement for the performance of the duties of the Vice Chancellor as he may deem fit.

(3) The Vice Chancellor shall be the principal academic and administrative officer of the University, and shall be responsible for proper implementation of the provisions of this Act, directions of the Chancellor, decisions of the Board and execution of the policies and programmes of the Board.

(4) The Vice Chancellor may, in an emergency which in his opinion requires immediate action, take such action as he may consider necessary and shall, thereafter as soon as possible, report his action to the officer, authority, or other body, which in the ordinary course would have dealt with matter

(5) In particular and without prejudice to the generality of the foregoing powers the Vice Chancellor shall also have the following powers:

i. to sanction all expenditure provided for in the approved budget and to re- appropriate funds within the same major head of expenditure;

ii. to sanction/re-appropriate an amount not exceeding fifty thousand rupees for an unforeseen item not provided for in the budget and report it to the Board at the next meeting;

iii. to appoint paper setters and examiner for all examination of the University after receiving panels of names from the relevant authorities;

iv. to make such arrangement for the security of papers, marks and results as may be necessary:

v. to direct teacher, officers and other employees of the University to take up such assignments in connection with teaching, research, examination and administration and such other activities in the University as he may consider necessary;

vi. to appoint employees of such categories in respect of which powers have been delegated to him by the Board; and

vii. to exercise and perform such other powers and functions as may be prescribed by the Board.

11. Executive Director. ---(1) The Executive Director shall be a whole-time officer of the University and shall be appointed by the Chancellor on such terms, conditions and duties as the Board may determine.

(a) The Executive Director shall be responsible for the effective and efficient management and administration of the University's operations; and

(b) Perform such other duties as may be prescribed by the Board.

12. Director Finance. ---(1) The Director of Finance shall be a whole-time officer of the University and shall be appointed by the Chancellor on such terms and conditions as the Board may determine.

(2) The Director shall-

i. Manage the property, the finances and the investments of the University:

ii. Prepare the annual and revised budget estimates of the University and present them to the Finance Committee and the Board;

iii. Ensure that the funds of the University are expended for the purposes for which they are provided; and

iv. Perform such other duties as may be prescribed by the Board

13. The Registrar. ---(1) The Registrar shall-

(a) Be the custodian of the common seal and the academic records of the University; and

14. Controller of Examinations. ---(1) The Controller of the Examinations shall be a whole-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.

CHAPTER-IV

AUTHORITIES OF THE UNIVERSITY

  1. The following shall be the Authorities of University-

(1) The Board of Governors:

(2) the Academic Council,

(3) the Boards of Faculties,

(4) the Board of Advanced Studies and Research.

(5) the Beards of Studies:

(6) the Selection Board;

(7) the Finance and Planning Committee;

(8) the Affiliation Committee:

(9) and such other Authorities as may be prescribed

  1. (1) The general supervisions and control of the affairs of the University and its powers to lay down policies shall vest in the Board consisting of the following-

a. the Chancellor, who shall be the Chairperson, of the Board of Governors

b. the Chairman of the Higher Education Commission or his nominee;

c. the Secretary to Government of Sindh, Universities and Boards Department or his nominee not below the rank of Additional Secretary;

d. four persons nominated by the Foundation;

e. three persons of eminence to be nominated by the Chairperson;

f. Vice Chancellor who shall act as Secretary of the board.

(2) Member of the Board other than ex-officio members shall hold office for three years and shall be eligible for re-nomination.

(3) A casual vacancy of members shall be filled by person nominated by the authority which had nominated the member whose vacancy is to be filled.

(4) No act or proceeding of the Board shall be invalid by reason only of the existence of a vacancy in or a defect in constitution of the Board.

  1. (1) The Board shall be the executive body of the University and shall subject to this provisions of this Act, and the statutes, exercise general supervision over the affairs and management of the University;

i. to hold control and administer the property, funds, assets and resources of the University;

ii. to transfer and accept transfer of movable or immovable property on behalf of the University:

iii. affiliate and disaffiliate a college or institution;

iv. to consider and approve, on the advice of the Finance and Planning Committee, the annual and revised budget estimates and to lay down guidelines or rules of business dealing with financial matters;

v. to cause proper books of accounts to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University;

vi. to approve, carry out, vary or cancel contracts on behalf of the University;

vii. to intimate and approve schemes for achievement of the objectives of the University;

viii. to determine the form and regulate the custody and use of common seal of the University;

ix. to create professional, research and administrative posts and such other posts as may be required to carry out the purposes of the University and to suspend or abolish such posts;

x. to appoint teachers, researchers and officers on the recommendations of the Selection Board;

xi. to suspend, punish and remove from service the University employees;

xii. to prescribe the duties of officers, teachers and other employees of the University;

xiii. to appoint Emeritus and Distinguished Professors on such terms and conditions as may be prescribed;

xiv. to administer any funds placed at the disposal of the University for specified purposes;

xv. to appoint members of the various Authorities in accordance with the provisions of this Act;

xvi. to propose statutes for submission to the Chancellor;

xvii. to regulate, determine and administer all other matters concerning the University and, to this end, exercise all other powers not specifically mentioned in this Act and the statutes;

xviii. to consider and dispose of the regulations made by the Academic Council; provided that the Board may frame the Regulations on its own initiative and approve it after consulting the Academic Council;

xix. to provide the buildings, libraries, premises, furniture, apartments, equipment and other means required for carrying out the work of the University;

xx. to establish and maintain halls of residence and hostels or approve or license hostels or lodgings for the residence of students;

xxi. to confer honorary degrees on in accordance with the prescribed conditions;

xxii. to perform such other functions as have been assigned to it under this Act, or may be assigned to it by the statutes.

xxiii. to delegate any of its powers to an Authority or Officer or a Committee or Sub-Committee;

xxiv. to approve Regulations or Rules on the recommendations of the appropriate bodies: and

xxv. to determine, regulate and administer all other matters concerning the University and, to this end, exercise all necessary powers not specifically mentioned in this Act or the Statutes, the Regulations or the Rules to further its objectives

  1. (1) The Board shall meet at least twice in a year on the dates to be fixed by the Chairman, provided that a special meeting may be called at any time on the direction of the Chairman or on a requisition mode by not less than six members or the Board to consider a matter of urgent nature.

(2) Not less than ten clear days' notice of a special meeting shall be given to the members of the Board and the agenda of the meeting shall be restricted to the matter for which the special meeting is called.

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

(4) The decisions of the Board 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 casting vote.

  1. (1) The Academic Council shall consist of:-

i. the Vice Chancellor who shall be the Chairman;

ii. the Executive Director;

iii. the Deans;

iv. the Directors;

v. the Head of teaching departments;

vi. the University Professor including Professors Emeritus;

vii. the Registrar who shall be the Secretary;

viii. the Controller of Examinations;

ix. two eminent scholars nominated by the Board; and

x. two persons of eminence to be nominated by the Chancellor.

(3) The quorum for a meeting of the Council shall be one third of the total number of members a fraction being counted as one.

  1. (1) The Academic Council shall be the highest academic body of the University, and shall, subject to the provisions of this Act and the Statutes, have power to lay down standards of instruction, research, scholarships and examinations, and to regulate and promote the academic life of the University.

(2) In particular and without prejudice to the generality of the foregoing provisions, the Council shall have the power-

i. To advise the Board on academic matters;

ii. To regulate the admission of students to the course of studies and examinations;

iii. To propose the Board, schemes for the constitution and organization of college, faculties, teaching departments, institutions and Board of studies:

iv. To consider or formulate proposals for the planning and development of teaching and research in the University.

v. To make regulations on the recommendations of the Board of Faculties and the Boards of Studies, prescribing the course of studies and the syllabi for all University examinations: provide that, if the recommendations of Board of Faculties and Boards of Studies are not received by the prescribed date, the Council may, subject to the approval of the Board, continue for the next year the courses of studies already prescribed for an examination.

vi. To recognize examinations of other Universities of examining bodies as equivalent to corresponding examinations of the University.

viii. To frame Regulations for submission to the Board;

ix. To appoint members to the various Authorities in accordance with the provisions of this and to perform such other function as may be prescribed by Statutes; and

x. To perform such other functions as may be prescribed by the statutes.

CHAPTER - V

STATUTES, REGULATIONS AND RULES

  1. (1) Subject to the provisions of this Act, the Chancellor may, with the approval of the Board, make and promulgate statutes to regulate or prescribed all or any of the following matters:--

i. Terms and conditions of service of employees of the University, including scales of pay, constitution of pension, insurance, gratuity, provident fund, benevolent fund and other fringe benefits;

ii. Terms and conditions of contractual appointments of teachers, researchers and officers;

iii. Establishment of, Faculties teaching departments, colleges and other academic units and divisions;

iv. Powers and duties of officers and teachers;

v. Affiliation and disaffiliation of institutions and related matters;

vi. Conditions under which the University may enter into arrangements with other public or private organization, in Pakistan or abroad, for purposes of instructions, research and other scholarly activities;

vii. Conditions of appointment of Professors Emeritus;

viii. Standards for evaluation of efficiency and exercising disciplinary

measures over the employees of the University;

ix. Acquisition and administration of properties and investments of the University;

x. Award of honorary degrees; and

xi. All other matters which under this Act are required to be done or may be prescribed or regulated by the Statutes.

(2) The draft of the Statutes shall be proposed by the Board for approval by the Chancellor.

(3) The Chancellor shall have the power to assent to the Statutes submitted to him for approval or refer them back to the Board for reconsideration.

(4) No Statute shall be valid until it has been approved by the Chancellor.

  1. (1) Subject to the provision of this Act and the Statues, Regulations may be made for all or any of the following matters:-

(i) the syllabi and courses of study for degrees, diplomas and certificates of the University;

(ii) the admission of students to the University;

(iii) the conditions under which students shall be admitted and shall become eligible for the award of degrees, diplomas and certificates;

(iv) conduct and supervision of examinations, appointment of examiners, scrutiny, tabulation and declaration of results;

(v) determination of fees and other charges for admission to various courses and examinations of the University;

(vi) conditions under which a person should carry on independent research to entitle him to a degree;

(vii) the conduct and discipline of students of the University;

(viii) conditions of residence of the students of the University or the colleges, including the levy of fees for residence in the halls of residence and hostels;

(ix) the approval and licensing of hostels and lodgings;

(x) institution of fellowship, scholarships, prizes, medals, honoraria and other financial assistance for students and research scholars;

(xi) conduct of convocation and form of academic costumes;

(xii) the formation of Teaching Departments and Boards of Studies;

(xiii) Use of Library; and

(xiv) All other academic matters which by this Act or Statutes are to be or may be prescribed by the regulations.

(2) The regulations shall be prepared by the Academic Council and shall be submitted to the Board which may approve them or withhold approval or refer them back to the Academic Council for reconsideration.

(3) A regulation prepared by the Academic Council shall not be valid, unless it receives the approval of the Board.

(4) The Board may make rules to regulate any matter relating to the affairs of the University which under this Act is not specifically required to be provided for by the Statutes or the Regulations.

  1. (1) The procedure for adding to, amending or repealing the statutes and the regulations shall be the same as that prescribed respectively for framing or making statutes and regulations.

(2) The Authorities and the other bodies of the University may make rules consistent with this Act, the statutes and the regulations, to regulate the conduct of their business and the time and place of meetings and related matters;

i. Provided that the Board may direct the amendment or the annulment of any rules, made by another Authority or body under this section; and

ii. Provided further if such other Authority or body is dissatisfied with such directions it may appeal to the Foundation whose decision in the matter shall be final.

  1. The Board may make rules to regulate any matter relating to the affairs of the University which has not been specifically provided for by this Act, the statutes or regulations.

CHAPTER - VI

THE UNIVERSITY FUND

  1. (1) The University shall have a fund to which shall be credited its income from fees, donations, trust, bequests, endowments grants, contributions and all other sources.

(2) Capital recurrent expenditure of the University shall be met from the contributions made by the Board and any other source including other foundations, universities and individuals, and from the income derived from any other sources.

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

(4) The accounts of the University shall be maintained in such form and in such manner as may be determined by the Board and shall be audited each year by a firm of Chartered Accountants appointed by the Board;

(5) The Auditor's report shall certify that the report has compiled with the standards of audit and certification laid down by the Institute of the Chartered Accountants of Pakistan.

CHAPTER - VII

GENERAL PROVISIONS

  1. (1) Any casual vacancy among the appointed or nominated members of any Authority shall be filled as soon as conveniently may be possible by the person or the body who appointed or nominated the member whose place has become vacant and the person appointed or nominate to the vacancy shall be member of such Authority for the residue of the term for which the person whose place he fills would have been a member.

(2) Provided that where a vacancy in the membership of an Authority other than the Board cannot be filled for the reason that the member was ex officio and the office has ceased to exist or the organization in institution or ether body other than the University has ceased to exist or has ceased to function, or for any circumstance which make it impracticable to fill the vacancy, the vacancy shall be filled in such manner as the Board may direct on the recommendation of the Vice Chancellor.

  1. (1) Notwithstanding anything contained in this Act a person nominated or appointed to any Authority shall cease to be member of such Authority as soon as he has ceased to hold the position by virtue of which he was nominated or appointed.

(2) If question arises whether any person is entitled to be a member of any Authority, the matter shall be referred to a committee consisting of the Chancellor, two nominees of the Board and a nominee of the Chancellor and the decision of the committee shall be final and binding.

  1. No act, proceeding, resolution or decision of any Authority shall be invalid by reason only of any vacancy or defect in the constitution of or in the appointment or nomination of any member of the Authority.

  2. (1) Notwithstanding anything contained in this Act, the Statutes set out in the Schedule, shall be deemed to be the Statutes framed under section 21 and shall remain in force until they are amended or replaced by new Statutes framed in accordance with this Act.

(2) The Board in its meeting shall have the power, function and authority to amend by way of addition or subtraction any item mentioned in entry 1(1) of "The Schedule First Statutes" of this statute.

  1. No court shall have jurisdiction to entertain any proceedings, grant any injunction or make any order in relation to anything done in good faith or purported to have been done of intended to be done under this Act.

  2. No suit or legal proceedings shall lie against Government, the University or any Authority or an employee of Government or the University or any person, in respect of anything which is done, or purported to have been done in good faith or intended to, or has been done in good faith under this Act.

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