Muhammad Ali Jinnah University Ordinance 1998

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ORDINANCE VII OF 1998

MUHAMMAD ALI JINNAH UNIVERSITY ORDINANCE, 1998

An Ordinance to provide for the establishment of a University at Karachi known as Muhammad Ali Jinnah University

[Gazette of Sindh, Extraordinary, Part I, 1st July, 1998.]

No. S. LEGIS. 1(7)198, dated 1‑7‑1998.‑‑The following Ordinance made by the Governor of Sindh is hereby published for general information:‑‑

Preamble.‑‑Whereas it is expedient to provide for the establishment of a University at Karachi known as Muhammad Ali Jinnah University and to provide for matters ancillary thereto;

And whereas the Provincial Assembly is not in session and the Governor of Sindh is satisfied that circumstances exist which render it necessary to take immediate action;

Now, therefore, in exercise of the powers conferred by clause (1) of Article 128 of the Constitution of the Islamic Republic of Pakistan, the Governor of Sindh is pleased to make and promulgate the following Ordinance:‑‑

CHAPTER I PRELIMINARY

  1. **Short title and commencement.‑‑(1)**This Ordinance may be called the Muhammad Ali Jinnah University Ordinance, 1998.

(2) It shall come into force at once.

  1. Definition.‑‑In this Ordinance, unless there is anything repugnant in the subject or context‑‑

(1) "Academic Council" means the Academic Council of the University;

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

(3) "Authority" means any of the Authorities of the University specified in section 9;

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

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

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

(7) "College" means a 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.

(8) "Dean" means the Head of a Faculty;

(9) "Director" means the Head of an Institute;

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

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

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

(13) "Officer" means any of the officers of the University specified in section 4.

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

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(15) "President" means the President of the University;

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

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

(18) "Statutes, Regulations and Rules" means respectively the Statutes, Regulations and Rules made under this Ordinance;

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

(20) "Trust" means Muhammad Ali Jinnah Trust, Karachi; and

(21) "University" means the Muhammad Ali Jinnah University;

  1. The University,‑‑(1) There shall be established a University to be called the Muhammad Ali Jinnah University, Karachi consisting of the Patron the Chancellor, the Chairmen of the Board, the President, the Deans, the Chairman of the Teaching Department and members of the Academic Council and such other Officers as may be prescribed.

(2) The University shall be a body corporate by the name of Muhammad Ali Jinnah University having 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.

(3) The University shall be open to all persons of either sex of whatever religion, race, creed, colour or domicile who are academically qualified for admission to the courses of study offered by the University and no such person shall be denied the privilege on the ground only of sex, religion, creed, race; class, colour or domicile.

(4) The University shall have the powers‑‑

(i) to provide for instructions in general, technical professional education, or other disciplines of higher learning, and other subjects as may be prescribed; and in such branches of learning as it may deem fit for the advancement of knowledge as it may determine;

(ii) to admit and examine students and to confer or award degrees, diplomas, certificate and other academic distinctions on and to persons who have passed its examinations under prescribed conditions;

(iii) to prescribe courses of studies and undertake research as it may determine;

(iv) to control the discipline of the students of the University and the Institute in the prescribed manner;

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

(vi) to affiliate itself or associate with other institutions and establish Faculties and teaching department to discharge its functions and responsibilities for the betterment of education;

(vii) to provide and support other facilities for education, professional training and research,

(viii) to affiliate and disaffiliate educational institutions and inspect such institutions or associate itself with other selected educational training and research institutions provide them with services and facilities for the effective discharge of their functions and responsibilities and determine teaching methodology, techniques and strategies in order to ensure the most effective educational training and research programmes;

(ix) to receive and manage property, grants, bequests, trusts, gifts, donations, endowments and other contributions made to the University and to invest them in such manner as it may deem fit;

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

(xi) to demand and receive such fees and other charges as it may determine;

(xii) to 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;

(xiii) to 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; and

(xiv) to do all such other acts and things as may be requisite to further the objectives of the University as a place of education and learning.

CHAPTER III OFFICERS OF THE UNIVERSITY

4. Officers of the University.‑‑The following shall be the officers of the University;‑‑

(1) The Patron;

(2) the Chancellor;

(3) the Chairman;

(4) the President;

(5) the Deans;

(6) the Directors;

(7) the Chairmen of the Teaching Departments;

(8) the Registrar;

(9) the Director of Finance;

(10) the Librarian;

(11) the Controller of Examinations;

(12) the Resident Auditor; and

(13) such other persons as may be prescribed to be officers of the University.

5 . The Patron.‑‑(1) The Governor of Sindh shall be the Patron of the University.

(2) The Patron shall, when present, preside at the Convocations of the University.

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

  1. Visitations.‑(1) The Patron may, in the public interest cause a visitation to be made in respect of any matter connected with the affairs of the University.

(2.) The Patron may, on receipt of report under subsection (1) if any, require the President to give comments on the report, and on .receipt of comments, the Patron may issue such directions as he thinks fit and the President shall comply with such directions.

(3) Where the Patron is satisfied that the directions issued under subsection (2) have not been complied with or action taken is not in accordance with such directions, he may issue further directions as deemed fit and the Board shall comply with such directions.

  1. The Chancellor.‑‑(1) The Chairman shall be the Chancellor.

(2) The Chancellor in the absence of the Patron, shall preside at the Convocation 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 Ordinance, the Statutes, the Regulations, or the Rules, he may, after calling upon such Authority or officers to show cause why such proceedings should not be annulled, by order in writing, annul 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.

  1. The President‑(1) The President shall be appointed by the Chancellor 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 President is vacant or the President 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 President as he may deem fit.

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

(4) The President 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 officers, 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 President shall also have the following powers:

(i) To create and fill temporary posts for a period not exceeding six months;

(ii) to sanction all expenditure provided for in the approved budget and to re‑appropriate funds within the same major head of expenditure;

(iii) 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;

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

(v) to make such arrangement for' the security of papers, marks and results as may be necessary;

(vi) 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;

(vii) to delegate, subject to such conditions, if any, as may be prescribed, any of his powers under this Ordinance to an officer or other employee of the University;

(viii) to appoint employees of such categories in respect of which powers have been delegated to him by the Board; and

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

AUTHORITIES OF THE UNIVERSITY

9. Authorities.‑‑Thefollowing shall be the Authorities of the 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 Boards of Studies;

(6) the Selection Board;

(7) the Finance and Planning Committees;

(8) the Affiliation Committee; and

(9) such other Authorities as may be prescribed.

  1. **Board of Governors.‑‑‑(1)**The general supervision 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 Chairman of the Trust who shall be the Chairman;

(b) The Chairman of the University Grants Commission or his nominee;

(c) the Secretary to Government of Sindh, Education Department or his nominee;

(d) six persons nominated by the Trust;

(e) three persons of eminence to be nominated by the Chairman; and

(f) Director Finance who shall act as Secretary of the Board.

(2) A nominated member shall hold office for a term of three years and shall be eligible for re‑nomination on the expiry of his term.

(3) The office of a nominated member shall become vacant if he resigns or fails to attend three consecutive meetings of the Board without sufficient cause or leave of absence or his nomination is changed by the authority which had nominated him. '

(4) 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.

(5) No act or proceedings 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. **Powers and Functions of the Board.‑‑‑(1)**The Board shall exercise and perform the powers and functions as follows:

(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) to 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 approve, carry out, vary or cancel contracts on behalf of the University;

(vi) to initiate and approve schemes for achievement of the objectives of the University;

(vii) to determine the form, and regulate the custody and use of common seal of the University;

(viii) 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;

(ix) to appoint teachers, researchers and officers on the recommendations of the Selection Board;

(x) to suspend, punish and remove from service the University employees whom it is empowered to appoint in the manner prescribed after due inquiry and defence;

(xi) to propose Statutes for submission to the Chancellor;

(xii) to approve Regulations or Rules on the recommendations of the appropriate bodies; and

(xiii) to determine, regulate and administer all other matters concerning the University and, to this end, exercise all necessary powers not specifically mentioned in this Ordinance or the Statutes, the Regulations or the Rules.

(2) The Board may delegate any of its powers to an Authority or officers, or a committee or a sub‑committee.

  1. **Meetings of the Board.‑‑(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 Chancellor or on a requisition made by not less than six members of 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. Academic Councils.‑‑(1) The Academic Council shall consist of‑‑

(i) the President who shall be the Chairman;

(ii) the Deans;

(iii) the Directors;

(iv) the Chairman of teaching Departments;

(v) the University Professors including Professors Emeritus;

(vi) the Registrar who shall be the Secretary;

(vii) the Librarian;

(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.

(2) A nominated member shall hold office for a term of three years and shall be eligible for renomination.

(3) The office of a nominated member shall become vacant if he resigns or fails to attend three consecutive meetings of the Council without sufficient cause or leave of absence or when his nomination is changed by the nominating authority.

(4) 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. **Powers and duties of the Academic Council.‑‑(1)**The Academic Council shall be the highest academic body of the University, and shall, subject

to the provisions of this Ordinance and the Statutes, have power to lay down standards of instruction, research 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 powers‑‑

(i) to advise the Board on academic matters;

(ii) to regulate the admission of students to the courses of studies and examinations;

(iii) to propose the Board, schemes for the constitution and Organisation of Colleges, Faculties, Teaching Departments, Institutes and Boards 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 Boards of Faculties and the Boards of Studies prescribing the courses of studies and the syllabi for all University examinations: provided that, if the recommendations of Boards 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 recognise examinations of other Universities of examining bodies as equivalent to the corresponding examinations of the University;

(vii) to frame regulations for submission to the Board;

(viii) to appoint members to the various authorities in accordance with the provisions of this Ordinance and to perform such other functions as may be prescribed by Statutes.

  1. Constitution, functions and Powers of other Authorities.‑‑Theconstitution, functions and powers of the Authorities for which no specific provision or insufficient provision has been made in this Ordinance shall be such as may be prescribed by statutes.

  2. Appointment of Committees by the authority.‑‑TheBoard,, the Academic Council and other Authorities may appoint such standing‑ special of advisory committees,. as they may consider advantageous in the performance of their function.

CHAPTER V

STATUTES, REGULATIONS AND RULES

  1. Statutes.‑‑(1) Subject to the provisions of this Ordinance, Statutes may be made to regulate or prescribe all or any of the following matters namely‑‑

(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 Colleges, Faculties, Teaching Departments and other academic units and divisions;

(iv) powers and duties of officers and teachers;

(v) conditions under which the University may enter into arrangements with other public or private organizations for purposes of instruction, research and other scholarly activities;

(vi) conditions of appointment of Professors Emeritus and award of honorary degrees.;

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

(viii) acquisition and administration of properties and investment of the University; and

(ix) all other matters which under this Ordinance 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 Statue, shall be valid until it has been approved by the Chancellor.

  1. **Regulation.‑‑(1)**Subject to the provisions of this Ordinance and the Statutes, regulations may be made for all or any of the following matters: ‑‑

(i) Schemes of studies and research, including the duration of courses, number of subject or papers for examination;

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

(iii) Conduct and supervision of examination, appointment of examiners scrutiny, tabulation and declaration of result;

(iv) Determination of fees and other charges for admission to various courses, examinations and hostels;

(v) Maintenance of discipline among students and schemes for their welfare;

(vi) Institution of fellowships, scholarships, prizes, medals, honoraria and other financial assistance for students and research scholars;

(vii) Conduct of convocation and form of academic costumes;

(viii) Conditions of residence of students

(ix) Use of library; and

(x) All other academic matters which by this Ordinance or Statutes are to be or may be prescribed by regulation.

(2) The Board shall have powers to approve the Regulations submitted to it or refer them back to the Academic Council for reconsideration.

(3) No Regulations shall be valid until they have been approved by the Board

  1. Rules.‑‑‑(1) The Authorities and the other bodies of the University may make rules consistent with this Ordinance, the Statutes and the Regulation, to regulate the conduct of their business and the time and place of meetings and related matters.

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

CHAPTER VI

THE UNIVERSITY FUND

  1. **'The University Fund, Audit and Accounts.‑‑‑(1)**The University shall have a fund to which shall be credited its income from fees, donations, trusts, 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 such sources.

(3) 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 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 manner as may be determined by the Board and shall be audited each year within four ,months of the closing of the financial year of the University by an independent Chartered Accountant appointed by the Board.

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

(6) The auditor's report shall certify that the auditor has complied with the standards of audit and certification laid down by the institute of Chartered Accountants of Pakistan.

  1. Retirement from service.‑‑‑An employee of the University shall retire from service: .

(1) On such date after he has completed twenty five years of service qualifying for pension or other retirement benefits, as the competent Authority may direct, provided that no employee shall be retired unless he has been informed in writing of the grounds of the action proposed to be taken against him and has been given reasonable opportunity of showing cause against that action; or

(2) Where no direction is given under clause (1) above on the completion of sixty years of his age.

  1. Opportunity of Show Cause.‑‑‑Exceptas otherwise provided, no officer, teacher or other employee of the University holding a permanent post, shall be reduced in rank, or removed or compulsorily retired from service, unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken against him.

  2. **Appeal to and review by the Board.‑‑‑(1)**Where an order is passed punishing an employee other than the President of the University, or altering or interpreting to his disadvantage the prescribed terms or conditions of his service, he shall, where the order is passed, by the President or any other officer or teacher of the University, have the right to appeal to the Board against the order, and where the order is made by the Board have the right to apply to that authority for review of that order.

(2) The appeal or application for review shall be submitted to the President who shall lay it before the Board with his views and record of the case.

(3) No order in appeal or review shall be made unless the appellant or the applicant, as the case may be, has been given an opportunity of being heard.

  1. Pension, Insurance,, Gratuity, Provident and Benevolent Fund.‑‑‑(1) The University shall constitute for the benefit of its employees in such manner and subject to such conditions as may be prescribed, such pension, insurance, gratuity, provident fund and benevolent fund schemes as it may deem fit.

(2) Where any provident fund has been constituted under this Ordinance the provision of Provident Fund Act, 1925 shall apply to such fund.

  1. Commencement of term of members of Authorities.‑‑‑When member of a newly constituted Authority is appointed or nominated his term of office, as fixed under this Ordinance shall commence from such date as may be prescribed.

  2. Filling of casual vacancies in Authorities. ‑‑‑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 nominated 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:

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 other body other than the University has ceased to exist or has ceased to function or for any other 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 President.

  1. Disputes about membership of Authorities. ‑‑‑(I) Notwithstanding anything contained in this Ordinance, 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 a 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. Validity of Proceeding of Authorities. ‑‑‑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.

THE UNIVERSITY FUN

  1. First Statutes.‑‑‑Notwithstanding anything contained in this Ordinance, the Statutes set out in the Schedule, shall be deemed to be the Statutes framed under section 17 and shall remain in force until they are amended or replaced by new Statutes framed in accordance with this Ordinance.

  2. Bar of Jurisdiction.‑‑‑No Court shall have jurisdiction to entertain any proceeding, grant any injunction or make any order in relation to anything done in good faith or purported to have been done or intended to be done under this Ordinance.

  3. Indemnity.‑‑‑Nosuit or legal proceedings shall lie against the Government,. the University or any Authority an employee of the University or any person, in respect or anything which is done, or purported to have been done in good faith is intended to have been done under this Ordinance‑

  4. Removal of difficulties.‑‑‑If any difficulty arises as to the first constitution or reconstitution of any Authority upon coming into force of this Ordinance or otherwise in giving effect to any provision of this Ordinance the President may give appropriate directions to remove such difficulty.

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