N.-W.F.P. Hazara University Ordinance 1997

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NORTH‑WEST FRONTIER PROVINCE HAZARA UNIVERSITY ORDINANCE, 1997

An Ordinance to provide for establishment of University in Hazara Division

[Gazette of N.‑W.F.P., Extraordinary, 28th January, 1997]

No. Legis.l(6)/94/590, dated 28‑1‑1997.‑‑The following Ordinance by the Governor of the North‑West Frontier Province is hereby published for general information:

**Preamble.‑‑**Whereas it is expedient to provide for establishment of a University in Hazara Division for promoting and facilitating the advancement and dissemination of knowledge;

And whereas the Provincial Assembly is not in session and the Governor of the North‑West Frontier Province 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 the North‑West Frontier Province is pleased to make and promulgate the following Ordinance;

NORTH-WEST FRONTIER PROVINCE HAZARA UNIVERSITY ORDINANCE, 1997

[Gazette of N.-W.F.P., Extraordinary, 28th January, 1997]

No. Legis.l(6)/94/590, dated 28-1-1997.--The following Ordinance by the Governor of the North-West Frontier Province is hereby published for general information:

SCHEDULE

THE FIRST STATUTES

(See section 49)

1. The Faculties.--There shall be a faculty for an Academic Department or a group of Academic Departments. The University shall include the following Faculties and such other Faculties as may be prescribed;

(a) Faculty of Arts.

(b) Faculty of Science.

(c) Such other Faculties as may be prescribed by Statutes.

2. Board of Faculties.--(1) There shall be a Board of each Faculty which shall consist of--

(a) the Dean of the Faculty;

(b) the Professors and the Chairmen of the Academic Departments in the Faculty;

(c) one member other than Professors and Chairman of each Academic Department to be nominated by the Chairman;

(d) two teachers to be nominated by the Academic Council by reason of their specialized knowledge of the subject which, though not assigned to the Faculty, has in the opinion of the Academic Council, important bearing on the subjects assigned to the Faculty.

(e) two experts in the field from outside the University to be appointed by the Syndicate; and

(f) one scientist/technologist to be nominated by the Vice-Chancellor,

(2) The members other than ex-officio members, shall hold office for three years,

(3) The quorum for a meeting of the Board of a Faculty shall be one-half of the total number of members, a fraction being counted as one,

3. Powers and functions of the Board of Faculty.--The Board of each Faculty shall, subject to the general control of the Academic Council and the Syndicate have the powers to--

(i) coordinate the teaching, scientific/technological development and research work in the subjects assigned to the Faculty;

(ii) scrutinize the recommendations of the Boards of Studies comprising the Faculty with regard to the appointment of paper setters, examiners and experts for research examinations and to forward panels of suitable paper setters and examiners for each examination to the Vice-Chancellor;

(iii) consider any other academic matter relating to the Faculty and report thereon to the Academic Council;

(iv) prepare a comprehensive annual report regarding the performance of each department comprising the Faculty for presentation to the Academic Council; and

(v) perform such other functions as may be prescribed by the Statutes.

4. Deans of Faculty.--(1) There shall be a Dean of each Faculty who shall be the Chairman and convener of the Board of Faculty.

(2) The Dean shall be appointed by the Chancellor from amongst the three most senior Professors of the Faculty on the recommendation of the Vice -Chancellor and shall hold office for a period up to three years and shall be eligible for reappointment:

Provided that if no Professor is available in a Faculty, a Dean from some other Faculty may also act as the Dean of that Faculty till such time a Professor of the Faculty itself is appointed.

(3) The Dean shall present candidates for admission to degrees (except Honorary Degrees) in the courses falling within the purview of the Faculty.

(4) The Dean shall have such powers and duties as may be prescribed by the Syndicate on the recommendations of the Vice-Chancellor.

5. Academic Department and Chairman.--(1) These shall be an academic Department for each subject or a group of subjects, as may be prescribed by Regulations and each Academic Department shall be headed by a Chairman.

(2) The Chairman of an Academic Department shall be appointed by the syndicate on the recommendations of the Vice-Chancellor from amongst three senior most Professors including the one already working as Dean for a period of three years and shall be eligible for reappointment:

Provided that in a Department where there are less than three eligible Professors, the appointment shall be made from amongst the three senior most Professors and associate Professors of the department:

Provided further that in a Department in which there are no Professors or associate Professors, no such appointment shall be made and the Department shall be looked after by the Dean of the Faculty with the assistance of the senior most teacher of the department. '

(3) The Chairman of the Department shall plan, organize and supervise the work of the Department and shall be responsible to the Dean for the work of his Department.

(4) The Chairman shall, under the general supervision of the Vice- Chancellor and the Dean, exercise all administrative, financial and academic powers and such other duties or powers as may be delegated to him.

(5) The Chairman of the Department shall prepare a comprehensive annual report regarding the performance of the Department/Faculty or research and scientific/technological development and submit his report to the Dean of the Faculty for his evaluation.

6. Board of Studies.--(1) There shall be a separate Board of Studies for each subject or group of subjects as may be prescribed by regulations.

(2) Each Board of Studies shall consist of---

(a) all the Professors and Associate Professors of the department; and

(b) three to five experts or teachers with PHD Degree, other than University teachers, to be appointed by the Vice-Chancellor in consultation with the Chairman of the Department.

(3) The term of office of members of the Board of Studies, other than ex-officio members, shall be three years.

(4) The quorum for meeting of the Board of Studies shall be one half of the total number of members, a fraction being counted as one.

(5) The Chairman of the University Academic Department concerned shall be the Chairman and convener of the Board of Studies.

7. Functions of the Board of Studies.--(1) The functions of the Board of studies shall be to--

(a) advise the Authorities on all academic matters connected with instructions, research and examination in the subject or subjects concerned;

(b) propose curricula and syllabi for all degree, diploma and certificate courses in the subject or subjects concerned;

(c) suggest a panel of names of paper-setters and examiners in the subject or subjects concerned;

(d) recommend to the Board of advanced studies and research the names of the Supervisor, title and synopsis of the research thesis/dissertation; and

(e) perform such other functions as may be prescribed by regulations.

8. Advanced Studies and Research Board.--(1) The Advanced Studies and Research Board shall consist of--

(a) the Vice-Chancellor (Chairman);

(b) all the Deans;

(c) one University Professor from each Faculty other than Dean to be appointed by the Syndicate;

(d) one University Teacher from each Faculty other than Professors having experience in research to be appointed by the Academic Council;

(e) five members from the society including private sector industries, Education and Research Organizations and Government departments to be nominated by the Syndicate; and

(f) the Director of Advanced Studies and Research Board who shall also be the Secretary of the Board.

(2) The term of office of the members of the Advanced Studies and Research Board, other than ex-officio members, shall be three years.

(3) The quorum of a meeting of the Board of Advanced Studies and Research shall be one-half of the total number of members, a fraction being counted as one.

9. Functions of Advanced Studies and Research Board.--The functions of the Advanced Studies and Research Board shall be to--

(a) advise the Authorities on all matters connected with promotion of advanced studies, research and research publications in the University;

(b) consider and report to the authorities on the institution of research degrees in the University;

(c) propose regulations regarding the award of research degrees;

(d) appoint supervisors for post-graduate research students and to approve titles and synopsis on their thesis/dissertations; and

(e) perform such other functions as may be prescribed by statutes.

10. Selection Board.--(1) The Selection Board shall consist of--

(b) the Dean of the Faculty concerned;

(c) the Chairman of the Academic department concerned;

(d) one member of the Syndicate to be ruminated by the Syndicate;

(e) one eminent educationist to be nominated by the Chancellor in consultation with Vice-Chancellor;

(f) one eminent research scholar to be nominated by the Syndicate; and

(g) the Chairman, North-West Frontier Province Public Service commission or his nominee, who shall be a member of the Commission.

(2) The Registrar shall be the Secretary of the Selection Board.

(3) The members, other than ex-officio members, shall hold office for three years.

(4) The quorum for a meeting of the Selection Board shall be five.

(5) No member who is a candidate for the post to which appointment is to be made shall take part to the proceedings of the Board.

(6) In selecting candidates for the posts of Professors and Associate Professors, the Selection Board shall co-opt or consult three experts in the subject concerned and to selecting candidates for other teaching posts, two experts in the subject concerned to be nominated the Vice-Chancellor from a standing list of experts for each subject approved by the Syndicate on the recommendations of the Selection Board and revised from time to time.

11. Functions of the Selection Board.--(1) The functions of the Selection Board shall be---

(a) to consider the applications received in response to advertisement and recommend to the , Syndicate the names of suitable candidates for appointments to teaching and other posts, as the case may be, and may also recommend---

(i) the grant of a higher initial pay in a suitable case for reasons to be recorded; and

(ii) the appointment of an eminently qualified person to a professorship in the university on the terms and conditions other than those prescribed;

(b) to consider the panel of persons recommended by the Search Committee for appointment as Registrar Treasurer and Controller of examinations or for such other posts as may be prescribed and submit its recommendations to the Syndicate; and

(c) to consider all cases of promotion or selection of officers of the University and recommend the names of suitable candidates for such promotion or selection to the Syndicate.

(2) In the event of an unresolved difference of opinion between the Selection Board and the Syndicate, the matter shall be referred to the Chancellor whose decision shall be final.

12. Finance Committee.--(1) The Finance committee shall consist of---

(b) two members of the Syndicate to be nominated by the Syndicate:

(c) one member of the Academic Council to be nominated by the Academic Council:

(d) two nominees of the Chancellor one each from Education Department and Finance Department not below the rank of an Additional Secretary;

(e) one nominee of the Chairman University Grants Commission not below the rank of a Director:

(f) the Registrar; and

(g) the Treasurer (Member/Secretary).

(2) The term of office of the nominated members shall be three years.

(3) The quorum for a meeting of the Finance Committee shall be five members.

13. Functions of the Finance Committee.--The functions of the Finance. Committee shall be to--

(a) consider the annual statement of accounts and the annual and revised budget estimates and advise the Syndicate thereon;

(b) review periodically the financial position of the University,

(c) advise the Syndicate on all matters relating to finances, investments and accounts of the University; and

(d) perform such other functions as may be prescribed by Statutes.

14. Planning and Development Committee.--(1) The Planning and Development Committee shall consist of---

(b) two members to be nominated by the Syndicate;

(c) one nominee of the Chairman, University Grants Commission, not below the rank of a Director;

(d) one nominee of the Secretary to Government, Education, Department, not below the rank of an Additional Secretary;

(e) all Deans of the Faculties;

(f) the Director of Advanced Studies. Research and Scientific/Technological Development:

(g) the Treasurer; and,

(h) the Registrar (Member/Secretary).

(2) The quorum for the meeting of the Planning and Development Committee shall be half of the total members, a fraction to be ignored.

(3) The term of office of the members, other than ex-officio members, shall be two years.

15. The functions of the Planning and Development Committee shall be---

(a) to examine all development projects and schemes in the University and to advise the Syndicate thereon; and

(b) to do such other things as may be assigned or referred to it by the Vice-Chancellor, the Syndicate or the Academic Council.

CHAPTER I PRELIMINARY

1. Short title and commencement.‑‑(1) This Ordinance may be called the Hazara University Ordinance, 1997.

(2) It shall come into force at once.

2. Definitions.‑‑In this Ordinance unless the context otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them, that is to say‑‑

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

(b) "Academic Department" means a teaching, research and technological development department maintained and administered by the University;

(c) "Affiliated College" means an educational institution affiliated to the University but not maintained or administered by it;

(d) "Authority" means any of the authorities of the University specified in section 18;

(e) "Board of Advanced Studies" means Board of Advanced Studies of the University;

(f) "Board of Faculties" means the Board of Faculties of the University;

(g) "Board of Studies" means the Board of Studies of the University;

(h) "Chairman of the Department" means the head of an Academic Department and includes the Chairperson;

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

(j) "Committee" means a Committee constituted under this Ordinance;

(k) "Dean" means the Chairman/Chairperson of the Board of a Faculty;

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

(m) "Government" means the Government of the North‑West Frontier Province;

(n) "prescribed" means prescribed by Statutes, Regulation or Rules made under this Ordinance;

(o) "Principal" means the head of a College;

(p) "Professor Emeritus" means a retired Professor designated as such under this Ordinance;

(q) "Registered Graduate" means a graduate of the University who has his name entered in the register maintained for this, purpose;

(r) "Selection Board" means the Selection Board of the University;

(s) "Senate" means the Senate of the University;

(t) "Statutes", "Regulation" and "Rules" respectively means the Statutes, the Regulation and the Rules made or deemed to have been made under this Ordinance;

(u) "Syndicate" means the Syndicate of the University‑,

(v) "Teacher" includes Professors, Associate Professors, Assistant Professors and Lecturers engaged whole time by the University or by the College for teaching diploma, degree or postgraduate classes and enlarged in research and development and such other persons who may be declared as Teacher by Regulations;

(w) "University" means the Hazara University established under this Ordinance; and

(x) "Vice‑Chancellor" means the Vice‑Chancellor of the University.

CHAPTER II

THE UNIVERSITY

3. Establishment of the University.‑‑(1) There shall be established a University to be known as Hazara University with main campus at Abbottabad and sub‑campuses at such other places as may be determined by the University with the permission of Government.

(2) The University shall consist of the Chancellor, the Vice‑Chancellor, Members of the Syndicate and the Academic Council, Officers, Teachers and Authorities.

(3) The University shall be a body corporate by the name of Hazara University and shall have perpetual succession and a common seal and may, by the said name, sue and be sued.

(4) The University shall be competent to acquire and hold property, both movable and immovable, or sell or otherwise transfer any property vested in it or enter into contract for the purpose of this Ordinance.

4. Powers of the University.‑‑The University shall have the powers to‑‑

(a) provide for instructions in such branches of learning as it may deem fit, and to make provisions for teaching, training, research and development of technologies and for the advancement and dissemination of knowledge in humanities, social and basic sciences and such other fields of study as may' be prescribed;

(b) prescribe courses of studies to be taught by it;

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

(d) confer, in the prescribed manner, honorary degrees or other academic distinctions on such persons as the Chancellor may approve on the recommendation of the Syndicate;

(e) provide for teaching specified courses or training for persons not being students of the University and grant certificates and diplomas to such persons;

(f) cooperate with other universities, research and educational organizations, industrial ventures in the public or private sectors or other public authorities in such manner and for such purposes as it may determine;

(g) create posts in connection with teaching, research, development of technology administration, and for any other purpose related thereto and appoint persons against those posts;

(h) institute and award fellowships, scholarships, bursaries, medals and prizes in the prescribed manner;

(i) establish Academic Departments and faculties for the development of teaching, research and technology and make such arrangement and administration, as it may determine;

(j) control and maintain University halls or residences for students and approve any place as hostel or lodging for students;

(k) supervise and control the discipline of student of the University and promote co‑curricular and recreational activities of such students and make arrangements for promoting their health and general welfare;

(l) take disciplinary action against and impose penalty on students, in the prescribed 'manner;

(m) charge and receive such fees and other payments, as it may determine;

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

(o) provide for the printing and publication of research and other works as prescribed;

(p) provide facilities for development of prototypes based on research and development and exploit technology singly or in cooperation with such ventures and in such manner as it may deem fit; and

(q) to such other acts or things whether or not incidental to the powers aforesaid, as may be necessary to further promote the objects of the University as a place of learning, research and technological development.

5. Jurisdiction of the University.‑‑(1) The University shall exercise the powers conferred on it by or under this Ordinance within the territorial limits of Hazara Divisions and in respect of such educational institutions in Hazara Division as may apply to the University for exercise of its powers:

Provided that Government may, in consultation with the University, by general or special order, modify the extent and scope of the aforesaid powers of the University with regard to such territorial limits or institutions.

(2) No educational institution situated within the territorial limits of the University shall, save with the consent of the University and sanction of Government be associated in any way with, or seek admission to the privileges of, any other university.

6. University to be open to all classes, creeds, etc.‑‑The University shall be open to all the persons irrespective of sex, religion, class or colour and no person shall be denied the privileges of the University on any such ground:

Provided that nothing in this section shall be deemed to prevent religious instruction being given to the students in their own religious faiths in such manner as may be prescribed.

7. Teaching at the University.‑‑(1) All teaching in various courses in the University shall, be conducted in the prescribed manner and it may include lectures, tutorials, discussions, seminars, demonstrations, practical and project work in laboratories and workshops of the University and related industrial establishment and other method of instructions.

(2) The teaching in any prescribed course in the University shall be organized by such authority as may be prescribed.

(3) The courses and the curricula for teaching in the University shall be such as may be prescribed.

(4) A continuous evaluation shall be built into the system of studies, research and technology development.

(5) The degree, diploma or certificate at the University shall only be granted to a student after he/she fulfills the prescribed requirements for the said degree, diploma or certificate.

(6) The teaching at the University shall include such additional courses of study as would reflect national aspirations for development and social and cultural values of Pakistan.

CHAPTER III

OFFICERS OF THE‑UNIVERSITY

**8. Officers of the University‑‑**The following shall be the officers of the University:

(a) the Chancellor;

(b) the Vice‑Chancellor;

(c) the Deans;

(d) the Directors;

(e) the Chairmen of Academic Departments;

(f) the Registrar;

(g) the Treasurer;

(h) the Controller of Examination;

(i) the Librarian; and

(j) such other persons as may be declared to be officers of the University.

9. Chancellor‑‑(1) The Governor of the North‑West Frontier Province shall be the Chancellor of the University.

(2) The Chancellor or his nominee shall preside at the convocation 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 of any Authority are not in accordance with the provisions of this Ordinance, the Statutes, the Regulations or the Rules, he may, after calling upon such Authority to show cause as to why such proceedings should not be annulled, by order in writing, annul the proceedings.

(5) The Chancellor may remove any person from the membership of any Authority if such person has‑

(a) become of unsound mind; or '

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

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

(d) failed to attend three consecutive meetings of the Authority without any valid reason.

10. Visitation.‑‑(1) The Chancellor may cause an inspection or inquiry to be made in respect of any matter connected with the University, and may from time to time, appoint such expert or experts as he may deem fit, for purposes of carrying out the inspection of‑‑

(a) the University, its buildings, laboratories, libraries, workshops and equipment;

(b) any hostel maintained or recognized by the University;

(c) the teaching and other works including research and technological development conducted by the University; and

(d) the conduct of examinations held by the University.

(2) The Chancellor shall in every such case as aforesaid give notice to the Syndicate of his invention to cause an inspection or inquiry to be made, and the Syndicate shall be entitled to be represented thereat.

(3) The Chancellor shall communicate to the Syndicate his views with regard to the results of such inspection or inquiry and shall after ascertaining the views thereon of the Syndicate advise the Syndicate on the action to be taken.

(4) The Syndicate shall communicate to the Chancellor such action if any, as it has taken or may be proposed to be taken upon the results of the inspection or inquiry.

(5) The communication under subsection (4) shall be submitted to the Chancellor within such time as may be specified by him.

(6) Where the Syndicate does not, within a reasonable time, take action to the satisfaction of the Chancellor, the Chancellor may, after considering any explanation furnished or representation made by the Syndicate, issue such directions as, he may think fit, and the Vice‑Chancellor shall comply with such directions.

11. Vice‑Chancellor.‑‑(1) The Vice‑Chancellor shall be appointed by the Chancellor on such terms and conditions as the Chancellor may determine and shall hold office during the pleasure of the Chancellor, for a term not exceeding four years.

(2) At any time when the office of the Vice‑Chancellor is vacant or the Vice‑Chancellor is unable to perform the functions of his office due to illness or any other cause, the Chancellor shall make such arrangement for the performance of the duties of the Vice‑Chancellor as deemed fit.

12. Power and duties of the Vice‑Chancellor.‑‑(1) The Vice‑Chancellor shall be the principal executive and academic officer of the University and shall ensure that the provision of this Ordinance, the Statutes, the Regulations and the Rules, are faithfully observed in order to promote teaching research, technology development, publications, administration and the general efficiency and good order of the University. He shall have all powers necessary for this purpose including administrative control over all officers, teachers and other employees of the University.

(2) The Vice‑Chancellor shall preside over the meetings of the Authorities of which he is the Chairman and be entitled to attend and preside over any meeting of any other Authority or body of the University.

(3) The Vice‑Chancellor may in an emergency, which in his opinion requires immediate action, take such action as he may consider necessary shall as soon as possible, report his action for approval to the officer, Authority or other body which in the ordinary course would have dealt with the matter.

(4) The Vice‑Chancellor shall also have the powers to‑‑

(a) create and fill temporary posts for a period' not exceeding one year;

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

(c) sanction by re‑appropriation an amount not exceeding Rs.150,000 (Rupees one lac and fifty thousand) for an unforeseen item not provided for in the budget and report it to the Syndicate at its next meeting;

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

(e) ensure and make arrangements for secrecy and security of papers and results;

(f) direct teachers, officers and other employees of the University to take up such assignments in connection with teaching, research technology development examination, administration and such other activities in the University as he may consider necessary for the purpose of the University;

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

(h) appoint employees below the initial monthly pay in BPS‑17 and for this purpose to appoint such selection committee or committees if he may, deem necessary; and

(i) exercise and perform such other powers and function as may be prescribed.

13. Registrar.‑‑(1) The Registrar shall be a whole‑time officer of the University and shall be appointed by the Syndicate on such terms and conditions as may be determined by it.

(2) The Registrar shall‑‑

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

(b) maintain a register of registered graduate in the prescribed manner; and

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

14. Treasurer.‑‑(1) The Treasurer shall be a whole‑time officer of the University and shall be appointed by the Syndicate on such terms and conditions as the Syndicate may determine.

(2) The Treasurer shall‑‑

(a) manage the property, the finances and the investments of the University;

(b) prepare the annual and revised budget estimates of the University and present them to the Finance Committee;

(c) ensure that the funds of the University are spent for the purposes for which they are provided; and

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

**15. Controller of Examination.‑‑**The Controller of Examination 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.

16. Resident Auditor.‑‑There shall be a Resident Auditor whose services shall be taken from Government on deputation.

**17. Other Officers.‑‑**Subject to the provisions of this Ordinance, the terms and conditions of service and powers and duties of other officers of the University shall be such as may be prescribed.

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY

18. Authorities of the University.‑ ‑The following shall be the Authorities of the University:

(a) the Senate;

(b) the Syndicate;

(c) the Academic Council;

(d) the Board of Faculties;

(e) .the Board of Studies;

(f) the Selection Board;

(g) the Board of Advanced Studies;

(h) the Planning and Development Committee;

(i) the Finance Committee; and

(k) such other Authorities as may be prescribed by Statutes.

19. Senate.‑‑(1) The Senate shall consist of‑‑

(i) the Chancellor;

(ii) the Vice‑Chancellor;

(iii) the members of the Syndicate;

(iv) the Deans;

(v) the Directors;

(vi) the Principals of the constituent colleges;

(vii) the University Professors and Emeritus Professors;

(viii) the Chairmen of the Teaching Department;

(ix) the officer or Teacher Incharge of students affairs by whatever designation called;

(x) three Principals of the affiliated colleges, or institutes, to be elected by the Principals of all such colleges and institutes from amongst themselves;

(xi) twelve teachers of affiliated colleges having at least three years' service in an affiliated college to be elected by the teachers of all such colleges from amongst themselves;

(xii) twelve University teachers to be elected by all University teachers;

(xiii) five persons eminent in arts, sciences and profession, one from each category, to be nominated by the Chancellor;

(xiv) the Registrar;

(xv)the Treasurer;

(xvi) the Controller of Examinations;

(xvii) the Librarian;

(xviii) the Director of Education (Colleges), North‑West Frontier Province; and

(xix) the Director of Technical Education, North‑West Frontier Province.

(2) The Chancellor, or in his absence the Vice‑Chancellor, shall be the Chairman of the Senate.

(3) Members of the Senate, other than ex‑officio members, shall hold office for three years.

(4) The Senate shall meet at least twice in every year on date to be fixed by the Vice‑Chancellor with the consent of the Chancellor .

(5) The quorum for a meeting of the Senate shall be one‑third of the total number of members, a fraction being counted as one.

(6) The Registrar shall be ex‑officio Secretary of the Senate.

20. Powers and duties of the Senate.‑‑Subject to the provisions of this Ordinance, the Senate shall have the powers‑‑

(a) to consider the drafts of Statutes proposed by the Syndicate and deal with them in the manner indicated in subsection (2) of section 27;

(b) to consider and pass resolutions on the annual reports, and annual statement of accounts and the annual and revised budget estimates;

(c) to appoint members to the Syndicate and other Authorities in accordance with the provisions of this Ordinance;

(d) to delegate any of its powers to an Authority or officer or a committee or sub‑committee; and

(e) to perform such other functions as may be prescribed by Statutes;

21. The Syndicate.‑‑(1) The Syndicate shall consist of‑‑

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

(b) the Chairman, University Grants Commission or has nominee, not below the rank of a whole time member of the Commission;

(c) one Vice‑Chancellor of any University in the country to be nominated by the Chancellor in consultation with the Vice‑Chancellor;

(d) two members of the Senate to be elected by the Senate;

(e) three eminent educationists to be nominated by the Chancellor in consultation with the Vice‑Chancellor;

(f) one eminent scientist to be nominated by the Chancellor in consultation with the Vice‑Chancellor;

(g) two Deans to be nominated by the Chancellor in consultation with the Vice‑Chancellor;

(h) Secretary of Government, Education Department, or his nominee not below the rank of an Additional Secretary;

(i) Secretary to Government, Finance Department, or his nominee not below the rank of an Additional Secretary;

(j) the Chief Justice of the Peshawar High Court, Peshawar, or his nominee from amongst the Judges of that Court;

(k) one eminent research scholar of national/international fame to be nominated by the Chancellor in consultation with the Vice‑Chancellor;

(l) one Principal of the affiliated colleges to be nominated by Chancellor; and

(m) one Professor and one Associate Professor teaching in the University to be nominated by the Chancellor in consultation with the Vice- Chancellor.

(2) The Registrar will be Secretary of the Syndicate

(3) The members of the Syndicate, other than ex‑officio members, shall hold office for a maximum period of three years, during the pleasure of the Chancellor.

(4) The quorum for a meeting of the Syndicate shall be one half of the total number of members, a fraction being counted as one.

22. Powers and duties of the Syndicate.‑‑(1) The Syndicate shall be the executive body of the University and shall, subject to the provisions of this Ordinance and Statutes, take effective measures to raise the standards of teaching, research, scientific and technological development publication and other academic pursuits and exercise general supervision over the affairs and management of the property of the University.

(2) Without prejudice to the generality of the foregoing powers and subject to the provisions of this Ordinance and the Statutes, the Syndicate shall have the powers to‑‑

(i) take effective measures to raise the standards of teaching, research, industrially oriented, scientific/teachnological development and publication keeping in view the national needs;

(ii) hold, control and administer the property and funds of the University;

(iii) govern and regulate, with due regard to the advice of the Finance Committee in this behalf, the finances, accounts and investments of the University and for that purpose, to appoint such agents as it may think fit;

(iv) consider the annual report, the annual and revised budget estimates and to advise the Senate thereon and to re-appropriate funds from one major head of expenditure to another;

(v) consider and approve the recommendations of the Planning and Development Committee;

(vi) transfer and accept transfer of movable or immovable property on behalf of the University;

(vii) enter into, vary, carryout and cancel contracts on behalf of the University;

(viii) cause proper books of accounts to be kept for all sums of money received and spent by the University and for the assets and liabilities of the University;

(ix) 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, or in the purchase of immovable property or in such other manner, as it may determine;

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

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

(xii) determine the form, custody and regulation of the use of the common seal of the University;

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

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

(xv) admit educational institutions to the privileges of the University and withdraw such privileges;

(xvi) affiliate and de‑affiliate colleges;

(xvii) arrange for the inspection of the Academic Departments;

(xviii) institute Professorship, Associate Professorship, Assistant Professorship, Lectureship and other posts and to suspend or abolish such posts;

(xix) create, suspend or abolish such administrative, technical, research, extension or other posts as may be necessary;

(xx) appoint University teachers and other officers on the recommendations of the Selection Board for teaching and other posts in BPS‑17 and above;

(xxi) appoint Professors Emeritus on such terms and conditions gas may be prescribed;

(xxii) confer honorary degrees in accordance with the conditions as may be prescribed;

(xxiii) suspend, punish and remove from service in the prescribed manner such officers, teachers and other employees as are appointed by the Syndicate; ,

(xxiv) receive an annual report and future plans at the end of each academic year from a sub‑committee of the Syndicate headed by the Vice-?Chancellor on the teaching, research and development of technology in the University and to issue such instructions as may further improve the administrative and academic performance of the University as it may deem necessary;

(xxv) appoint members to the various Authorities in accordance with the provisions of this Ordinance;

(xxvi) remove any person from membership of the Authority if such person has accepted any assignment which involves his absence from the University for a continuous period of six months or more;

(xxvii) report to the Senate on matters on which it has been asked to report;

(xxviii) propose draft of Statutes for submission to the Senate;

(xxix) consider and deal with the Regulations made by the Academic Council in the manner prescribed in subsection (2) of section 28; provided that the Syndicate may frame a Regulation at its own initiative and approve it after calling for the advice of the Academic Council;

(xxx) regulate, determine and administer all other matters concerning the University and exercise all other powers in this behalf mentioned in this Ordinance and the Statutes;

(xxxi) delegate any if its powers to an Authority or officer or a committee or sub‑committee;

(xxxii) appoint one or more legal advisers on the recommendations of the Vice‑Chancellor for a term not exceeding 3 years on such terms and conditions as may be determined by it; and

(xxxiii) perform such other functions as are assigned to it by the Statutes.

23. Academic Council.‑‑(1) The Academic Council shall consist of‑‑

(a) the Vice‑Chancellor who shall be the Chairman;

(b) the Deans;

(c) the Director of Advance Studies, Research and Technological Development;

(d) two senior most Professors, other than ex‑officio members, from each Academic Department;

(e) all Professors Emeritus;

(f) the Chairman of the Academic Department;

(g) four University teachers other than Professors, two from each category of Associate Professors and Assistant Professors, to be appointed by the Syndicate;

(h) three persons eminent in sciences, social sciences and engineering, of whom one shall be from each category, to be nominated by the Chancellor in consultation with the Vice‑Chancellor;

(i) Secretary to Government Education Department;

(j) The Director of Education (Colleges), North‑West Frontier Province;

(k) the Librarian;

(1) the Controller of Examinations; and

(m) the Registrar, who shall also be its Secretary.

(2) The members appointed by nomination shall hold office for three years

(3) The quorum for a meeting of the Academic Council shall be one‑, third of the total number of members.

24. Powers and duties of the Academic Council.‑‑(1) The Academic Council shall be the academic body of the University and shall subject to the provisions of this Ordinance and the Statutes, have the power to lay down proper standards of instructions, research, technological development, publication and examination and to regulate and promote the academic life of the University.

(2) Without prejudice to the generality of the foregoing powers and subject to the provisions of this Ordinance and the Statutes, the. Academic Council shall have the powers to‑‑

(a) advise the Syndicate on academic matters;

(b) propose rules and regulations for‑‑

(i) the conduct of teaching, research scientific/technological development, publication and examinations;

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

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

(c) propose to the Syndicate schemes for the constitution and organization of Faculties,. Academic Departments and Board of Studies;

(d) consider or formulate proposals for the planning and development of teaching, research and scientific/teachological development in the University;

(e) propose Regulations on the recommendations of the Board of Faculties and the Board of Studies prescribing the courses of studies, the syllabi and examinations; provided that if the recommendations of the Board of a Faculty or a board of Studies are not received by the prescribed date, the Academic Council may continue the courses of studies already prescribed;

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

(g) frame regulations far the award of studentships, scholarships, exhibitions, medals and prizes;

(h) consider, at the end of each academic year, reports of Deans of Faculties on the performance of each academic unit and submit a report to the Syndicate on the teaching, research and scientific/technological development at the University, updating the syllabi and courses of study in the light of the latest developments of knowledge in the fields of study at the University and specific information on the improvement and development of knowledge;

(i) appoint members to the various Authorities in accordance with the provisions of this Ordinance; and

(j) perform such other functions as may be prescribed by Statutes.

**25. Constitution, functions and powers of other Authorities.‑‑**The constitution, functions and powers of the Authorities for which no specific provision has been made in this Ordinance shall be such as may be prescribed by Statutes.

26. Appointment of Committee by Authorities.‑‑The Syndicate, the Academic Council and other Authorities, may, from time to time, appoint such standing, special or advisory Committees, as may be deemed fit and may nominate such person on these Committees as are not members of the Authorities appointing the Committees.

CHAPTER V

STATUTES, REGULATIONS AND RULES

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

(a) the constitution of pension, insurance, gratuity, provident fund and benevolent fund for University employees;

(b) the scale of pay and other terms and .conditions of service of officers, teachers and other employees of the University;

(c) the maintenance of the register of Registered Graduates;

(d) affiliation and disaffiliation of educational institutions and related matters;

(e) admission of educational institutions to the privileges of the University and the withdrawal of such privileges;

(f) the establishment or abolition of Faculties and Academic Department; .

(g) the powers and duties of officer, teachers, researchers and other employees of the University;

(h) conditions under which the University may enter into arrangements with other institutions or with public bodies or industry for purposes of research, development of science/technology and advisory services;

(i) conditions for appointment of Professor emeritus and award of honorary degrees;

(j) accountability, efficiency and discipline of University employees;

(k) the general scheme of studies including the duration of courses, the system of examinations and the number of subjects and papers for art examination; and

(l) all other matters which may be prescribed or regulated by Statutes.

(2) The draft of Statutes shall be proposed by the Syndicate to the Senate which may approve it or pass it with such modifications as the Senate may think fit, or may refer it back to the Syndicate for reconsideration, or may ‑eject it:

Provided that the Syndicate shall not propose draft of Statutes affecting the constitution or powers of any Authority of. the University, until such Authority has been given an opportunity of expressing an opinion in writing upon the proposal:

Provided further that the draft Statutes concerning any of the matters mentioned in clauses (a) and (b) of subsection (1) shall be forwarded to the Chancellor and shall not be effective until it has been, or deemed to have been, approved by the Chancellor.

(3) The draft of Statutes to be proposed by the Vice‑Chancellor shall be submitted to the Syndicate which may approve it with such modifications as it deems fit, or may refer it back to the Vice‑Chancellor for reconsideration, or may reject it .

(4) The draft of Statutes to be proposed by the Syndicate shall be sent to the Chancellor who may approve it with such modifications as he deems fit, or may refer it back to the Syndicate for reconsideration, or may reject it.

28. Regulations.‑‑(1) Subject to the provisions of this Ordinance and the Statutes Regulations may be made by for all or any of the following matters:‑‑ '

(a) courses of study for degrees, diplomas and certificate of the University;

(b) manner in which the recognised teaching referred to in subsection (1) of section 7 shall be organized and conducted;

(c) admission of students to the University;

(d) conditions under which students shall be admitted to the courses and examination of the University and shall become eligible for the award of degrees, diplomas and certificates;

(e) conduct of examinations;

(f) fees and other charges to be paid by the students for admission to the courses of study and the examination of the University;

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

(h) conditions of residence of the students of the University including the levying of fees for residence in halls of residence and hostels;

(i) approval and licensing of hostels and lodging;

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

(k) institution of fellowships, exhibitions, medals and prizes;

(l) institutions of stipends and free and half free studentship;

(m) academic costumes;

(n) use of the library;

(o) establishment of Academic Departments; and

(p) all other matters which may be prescribed by Regulation.

(2) The Regulations shall be proposed by the Academic Council and shall be submitted to the Syndicate which may approve them or withhold approval or refer back to the Academic Council for reconsideration. A Regulation proposed by the Academic Council shall not be valid, unless it has received the approval of the Syndicate.

**29. Amendments and repeal of the Statutes and Regulation.‑‑**The procedure for the amendment or the repeal of the Statutes and the Regulations shall be the same as that prescribed respectively for framing Statutes and Regulations.

30. Rules.‑‑(1) The Authorities and other bodies of the University may make rules consistent with this Ordinance, the Statutes and the Regulations to regulate the conduct of their .business and the time and place of meetings and related matters; provided that the Syndicate may direct the amendment or withdrawal of any such rules.

(2) The Syndicate may make rules to regulate any matter relating to the affairs of the University.

CHAPTER VI

AFFILIATION OF EDUCATIONAL INSTITUTIONS TO THE UNIVERSITY

31. Affiliation.‑‑(1) An educational institution applying for affiliation to the University shall make an application to the University and shall satisfy it‑‑

(a) that the educational institution is under the management of Government or of a regularly constituted governing body;

(b) that the financial resources of the educational institution are sufficient to enable it to made due provision for its continued maintenance and efficient working;

(c) that the strength and qualifications of the teaching and other staff and the terms and conditions of their service are adequate to make due provision for the course of instruction, teaching or training to be undertaken by the educational institution;

(d) that the educational institution has framed proper rules regarding the efficiency and discipline of its staff and other employees;

(e) that the building in which the educational institution is to be located is suitable, and that provision will be made, in conformity with the Statutes and the Regulations for the residence of students, not residing with their parents or guardians in the hostels, established and maintained by the educational institution or in hostels or lodgings approved by it, and the supervision and physical and general welfare of students;

(f) that provision has been made for a library and adequate library service;

(g) that where affiliation is sought in any branch of experimental sciences, due arrangements have been made for imparting instructions in that branch of science in a properly equipped laboratory museum and other place of practical work;

(h) that due provision will, so far as circumstances may permit, be made for the residence of Principal and members of the teaching staff in or near the college or the place provided for the residence of students; and

(i) that the affiliation of the educational institution having regard to the provision which may have been made for the students by another educational institution in its neighbourhood will not be injurious to the interests of education or discipline.

(2) The application shall further contain an undertaking that after the educational institution is affiliated, any transference of, and changes in the management and in the teaching staff, shall be forthwith reported to the University, and that the teaching staff shall possess such qualifications as are or may be prescribed.

(3) The procedure to be followed in disposing of an application for the affiliation of an educational institution shall be such as may be prescribed.

(4) The Syndicate may, on the recommendation of the Affiliation Committee, grant or refuse affiliation to an educational institution:

Provided that affiliation shall not be refused, unless that educational institution has been given an opportunity of making a representation against the proposed decision.

32. Addition of courses by affiliated educational institutions.‑‑ Where an educational institution desires to add to the course of instruction in respect of which it is affiliated, the procedure prescribed under subsection (3) of section 31 shall, so far as may be, be followed.

33. Reports from affiliated educational institutions .‑‑(1) Every educational institution affiliated to the University shall furnish such reports, returns and other information as the University may require to enable it to judge the efficiency of the educational institution.

(2) The University may call upon any educational institution affiliated to it to take, within a specified period, such action as may appear to the University to be necessary in respect of any of the matters referred to in subsection (1) of section 31.

34. Withdrawal of affiliation.-- (1) If any educational institution affiliated to the University fails at any time to fulfil any of the requirements mentioned in this Ordinance, or if an institution has failed to observe any of the conditions of its affiliations or its affairs are conducted in a manner which is prejudicial to the interests of education, the Syndicate may, on the recommendation of the Affiliation Committee, and after considering such representation as the educational institution may wish to make, withdraw, either in whole or in part, the rights conferred on the educational institution by affiliation or modify such rights.

(2) The procedure to be followed for the withdrawal of affiliation shall be such as may be prescribed.

35. Appeal against refusal or withdrawal of affiliation.- -An appeal shall lie to the Senate against the decision of the Syndicate refusing to affiliate an institution or withdrawing, in whole or in part, the rights, conferred on an institution by affiliation or modifying such rights:

Provided that the Senate shall not pass any order adversely affecting the institution without giving the institution concerned an opportunity of being heard.

CHAPTER VII

UNIVERSITY FUND

36. University Fund. --The University shall have a fund to which shall be credited its income from fees, donations, trusts, bequests, endowments, contributions, grants and all other sources.

37. Audit and accounts.-- (1) The accounts of the University shall be maintained in such form and in such manner as may be prescribed.

(2) No expenditure shall be made from the funds of the University unless--

(a) the expenditure is included in the approved budget of the University; and

(b) a bill for its payment has been audited in conformity with the Statutes, the Regulations and the Rules Auditor appointed by Government for this purpose.

(3) The annual statement of the accounts of the University signed by the Treasurer and the Resident Auditor shall be submitted to Government within six months of the close of a financial year.

(4) The accounts of the University shall be audited once in a year in accordance with the Statutes the Regulations and the Rules by the Auditor Appointed by Government for this purpose.

(5) The observations of Government Auditor together with such annotations as the Treasurer may make, shall be placed before the Syndicate which may pass such order as It may deem fit.

38. Recovery of University dues.--The University or any person generally or specially authorized by it may apply to the Collector for recovery of any sum due to the University and the Collector shall thereupon proceed to recover the sum due, as if it were an arrears of land revenue; provided that the University shall not tale action unless the person concerned is given an opportunity of being heard.

CHAPTER VIII

GENERAL PROVISIONS

39. Opportunity to show cause.- -Except as otherwise provided, no officer, teacher or other employee or the University holding a permanent post shall be dismissed or removed from service, reduced in rank or compulsorily retired from service unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken with respect to him.

40. Appeal and review,--(1) Where an order is made punishing an officer (other than the Vice-Chancellor), teacher or other employee of the University or altering or interpreting to his disadvantage the prescribed terms or conditions of his service, he shall, where the order Is made by the Vice-Chancellor or any other officer or teacher of the University, have the right of appeal to the Syndicate against the order and where the order is made by the Syndicate, he shall have the right to apply to the Syndicate for review of that order.

(2) The application for review shall be submitted to the Vice-Chancellor and he shall present it to the syndicate with his views. The appeal against the decision of the Syndicate shall be submitted to the Vice-Chancellor and he shall present it to the Chancellor with his views.

41. Pension insurance, gratuity, provident fund and benevolent fund.-(1) The University shall constitute for the benefits 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, benevolent fund and any other schemes as it may deem fit.

(2) Where any provident fund has been constituted under this Ordinance, the provisions of the Provident Fund Ordinance, 1925 (Ord. XIX of 1925) shall apply to such fund as if it were the Government Provident Fund.

42. Superannuation. --An officer, teacher or other employee of the University shall retire from service on attaining the age of sixty years.

43. Commencement of terms of office of members of Authorities.--(1) When a member of an Authority is appointed or nominated, his term of office, as fixed under this Ordinance, shall commence on such date as may be prescribed.

(2) Nothing in subsection (1) shall affect the provisions of section 45.

44. Filling of casual vacancies in Authorities.--Any casual vacancy in the membership of any Authority shall be filled, as soon as may be 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 the member of such Authority for the residue of the term for which the person whose place he fills would have been a member.

**45. Voids in the constitution of Authorities.--**Where there is a void in the constitution of an Authority because of the abolition of a specified officer under Government or because an organization, institution or other body outside the University has been dissolved or has ceased to function or because of some of other similar reasons, it shall be filled in such manner as the Syndicate may decide.

46. Dispute about membership of Authority.--If a question arises whether or not any person is entitled to be a member of any Authority the matter shall be referred to a committee consisting of the Vice-Chancellor, the Chairman, University Grants Commission or his nominee on the Syndicate and the Secretary to Government, Education Department, or his nominee on the Syndicate and the decision of this Committee shall be final.

**47. Proceeding of Authority not invalidated by vacancies.--**No act, resolution or decision of any Authority shall be invalid merely by reason of am want of qualification or invalidity in the appointment or nomination of any di facto member of the Authority, whether present or absent.

48. Transfers and posting outside the University.--Notwithstanding anything to the contrary contained in any agreement or contract or in any other law for the time being in force, but subject to the provisions of this Ordinance, an officer, teacher or other employees, shall, if the Chancellor so directs in the public interest, serve for such period as may be fixed or extended from time to time by the Chancellor, in any post in a Government Department or an educational or a research institution set up or established by Government or a University in the Province of the North-West Frontier on such terms and conditions as are not less favourable to him; provided that such direction shall not be made without consulting the Syndicate.

49. First Statutes.--Notwithstanding anything to the contrary contained in this Ordinance, the Statutes set out in the Schedule appended to this Ordinance shall be deemed to be the Statutes framed under section 25 of this Ordinance and shall continue to remain in force until amended or repealed.

**50. Removal of difficulties at the commencement.--**If any difficulty arises as to the first constitution of any Authority after the commencement of this Ordinance, the Chancellor may, on the recommendations of the Vice- Chancellor, give appropriate directions to remove such difficulty.

51. Transitional provisions.--(1) Notwithstanding anything to the contrary contained in this Ordinance, a Chancellor's Committee may be constituted by the Chancellor in consultation with the Vice-Chancellor to exercise the powers assigned to the Syndicate under this Ordinance, till such time the Syndicate is constituted in accordance with the provisions of this Ordinance.

(2) Where before the commencement of this Ordinance, an authority stands constituted or an officer has been appointed in a manner different from that provided in this Ordinance, the authority shall stand dissolved and the person nominated, elected or appointed shall cease to hold office forthwith and the vacancy so caused shall be filled in accordance with the provisions of this Ordinance.

**52. Saving.--**Until provision is made under this Ordinance within a period of five years, the Statutes, the Rules and the Regulations made or deemed to have been made under the University of Peshawar Act, 1974 (N.-W.F.P. Act II of 1974) and in force at the commencement of this Ordinance, shall have effect as if they were made under this Ordinance as Statutes, Rules or Regulations.

53. Appointment of first Vice-Chancellor.--Notwithstanding anything contained in section 11, the Chancellor may appoint such person as he deems fit to be the first Vice-Chancellor for a period not exceeding four years on such terms and conditions as he may determine.

54. Appointment of first Registrar, first Treasurer first Controller of Examinations in the traditional period.--Notwithstanding anything contained in this Ordinance and the Statutes, the Vice-Chancellor may appoint the first Registrar, the first Treasurer and the first Controller of the Examinations or any other officer prescribed as such by this Ordinance or by the Statutes for a period not exceeding one year on such terms and conditions as may be determined by the Vice-Chancellor.

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