Quetta University Ordinance 1996

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QUETTA UNIVERSITY ORDINANCE, 1996

An Ordinance to provide for the Establishment of Quetta University .

[Gazette of Balochistan, Extraordinary, 28th December, 1996]

No. LEGIS.I‑109/LAW/96, dated 28‑12‑1996. The following Ordinance made by the Governor of Balochistan on 18th December, 1996, is hereby published for general information:‑‑----

Preamble.‑‑Whereas, it is expedient to establish Quetta University at Quetta in Balochistan;

And whereas, it is in the interest of the Province in general and the betterment of public in particular to establish a centre of excellence in the fields of business, commerce and computer sciences to provide strong managerial skills and expertise and for matters ancillary thereto in the above fields which is pre requisite for the economic growth and development of the Province and to provide quality education to talented students for the Province;

And whereas, the Provincial Assembly is not in session and the Governor of Balochistan 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, 1973 the Governor of Balochistan is pleased to make and promulgate following Ordinance;

1. Short title and Commencement.‑‑(1) This Ordinance may be called the Quetta University Ordinance, 1996.

(2) It shall come into force at once.

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

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

(b) "Advisory Council" means Advisory Council of Quetta University;

(c) "Affiliated Colleges or Institutes" means the Colleges or institutes affiliated to the University;

(d) "Board" means the Board of Trustees of the Quetta University;

(e) "Chancellor" means the Chancellor of the Quetta University;

(f) "Dean" means the academic head of the Faculty of the University;

(g) "Director" means the Director of an Institute of the University;

(h) "Patron" means the patron of the University;

(i) "Authority" means any Authority of the University;

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

(k) "Regulations" means the Regulations framed under this Ordinance;

(1) "Rules" means the rules framed under this Ordinance;

(m) "Teacher" means the Professors, Associate Professors, Assistant Professors, Lecturers and Research Staff engaged by the University, or such other persons as may be recognized as teachers;

(n) "University" means the Quetta University;

No. LEGIS.I-109/LAW/96, dated 28-12-1996. The following Ordinance made by the Governor of Balochistan on 18th December, 1996, is hereby published for general information:------

3. Establishment and Incorporation of the University.--(1) There shall be established at Quetta a University to be called the Quetta University consisting of;

(a) the Patron, the Chancellor, the President, Deans and other members of the Board of Trustees and Advisory Council;

(b) the member of such councils, committees and other bodies as the Board may establish;

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

(d) such other officers and members of the staff as may from time to time be specified by the Board.

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

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

**4. Powers and functions of the University.**The University shall nave powers to:

(a) to provide for instruction and training in business, commerce, computer sciences and in such branches as it may deem fit, and to make provisions for research demonstration and other services, and for the advancement and dissemination of knowledge in such manner as it may determine;

(b) to print, publish and circulate periodicals, journals, magazines and books and disseminate scientific, technological and other related knowledge and information conducive to the attainment of any of the objectives of the University;

(c) to promote contacts and establish liaison with national and international Universities, institutions ,and other research and development organizations within the Province and abroad for effective discharge of its functions and responsibilities;

(d) to provide assistance to the industry, Government institutions and organizations in the Province;

(e) to undertake joint investigation and collaborative research in the field of business, education, technology and other allied matters;

(f) to pursue and make provisions for research, innovations inventions, demonstrations and other services as it may deem fit;

(g) to admit and examine students;

(h) to hold examinations and confer or award degrees, diplomas, certificates, academic and research prizes and distinctions on and to persons who fulfill the requirements or have passed its examinations under the prescribed conditions in accordance with rules and regulations;

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

(j) to recognize examinations passed or the period of study spent at other Universities or places of learning as equivalent to examinations or periods of study in the University;

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

(l) to inspect schools, colleges, universities and other institutions of learning associated or seeking association with it;

(m) to institute and award fellowships, scholarships, stipends, bursaries, medals and prizes;

(n) to establish, administer and maintain hall or residence and approve any place as hostel or lodging for the students;

(o) to supervise and control the discipline of the students of the University and promote extra curricular and recreational activities of such students, and to make arrangements for promoting their health and general welfare;

(p) to charge and receive such fees and other payments as it may determine;

(q) to authorize and agree to the mobility of qualified staff among universities, research and development organizations in the Government or corporate bodies on the terms and conditions laid down in the rules and regulations; ,

(r) to select and promote faculties;

(s) to confer honorary degrees;

(t) to prescribe courses of studies in management sciences and such other branches of learning as the Quetta University may determine;

(u) to establish workshops, laboratories, museum and other facilities for training, education and research;

(v) to affiliate or associate itself with other institutions, and to establish faculties in Pakistan or abroad and establish campus in the country particularly in Balochistan for the effective discharge of its functions and responsibilities;

(w) to decide upon teaching methods and strategies in order to ensure the most effective educational and training programmes;

(x) to use its financial and other resources to the fullest extent for the execution of its programmes;

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

(z) to do all other acts and things as may be required to further its objectives and perform its functions.

(aa) to establish schools

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

6. Teaching and Examination.--(1) The academic programme of University shall, be conducted in the manner as laid down in the Rules and Regulations.

(2) The University shall associate external examiners for the conduct of examination and viva voce.

(3) No degree shall be granted unless a student has passed an examination in Islamic and Pakistan Studies and the Bachelors Degree level or in the case of a Non-Muslim student Ethics and Pakistan Studies at his option.

**7. Authority of the University.--**The Authority of the University shall consist of:

(a) Patron;

(b) Chancellor;

(c) Chairman of the Board;

(d) Board of Trustees;

' (e) Advisory Council;

(f) Any other Authority constituted by the Board of Trustees

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

(a) The Chancellor;

(b) The President;

(c) The Deans; and

(d) Such other officers as may be declared by the Board.

9. The Patron.--The Governor of Balochistan shall be the Patron of the University.

10. The Chancellor.--(1) The Chancellor shall be a person of eminence known for his contributions in the field of knowledge or service to Society and appointed for his high moral and intellectual caliber;

(2) The Chancellor shall be appointed by the Patron on the recommendation jointly made by the Board and the Society on the terms and conditions as the Patron may determine;

(3) The Chancellor shall, when present preside all convocations of the University, and in his absence, a person nominated by him shall preside.

(4) The Chancellor shall direct the President to cause visitation in accordance with provision of section 11.

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

11. Visitation.--(1) The Chancellor may cause an inspection or inquiry to be made in respect of any matter connected with the affairs of the University and shall, from time to time, direct one or more persons or organization to inquire in to or carry out inspection of;

(a) the University, its buildings, laboratories, libraries, another facilities;

(b) any institution, department, school, college or hostel maintained by the University;

(c) the adequacy of financial or human resources;

(d) the teaching, research, curriculum, examinations and other matters of the University;

(e) such other matters as may be specified by him.

(2) The Chancellor shall communicate to the Board his views with regard to the result of an inspection or inquiry and shall, after ascertaining the view of the Board, advise the Board on the action to be taken by it.

(3) The Board shall, within such time as may be specified by the Chancellor, communicate to him such action, if any, as he has been taken or may be proposed to be taken upon the result of an inspection or inquiry.

(4) Where the Board does not, within the time specified, take action to the satisfaction of the Chancellor, the Chancellor may issue such directions as he thinks fit and the Board shall comply with all such directions.

12. The President.--(1) The President shall be appointed by the Board for a period and on such terms and conditions as the Board may determine.

(2) The President shall be the chief academic and administrative officer of the University and shall be responsible for the implementation of the decisions of Board and for the execution of the programme of the University in accordance with the guidelines and policies formulated by the Board.

(3) The President shall have the powers:--

(a) to submit plans of work and budget estimates of the University for approval of the Board; .

(b) to submit to the Board, in accordance with the Rules of Procedures made by it, reports, on the activities of the University and the execution of the plans of work;

(c) provide necessary service to the Board.

(d) to authorize expenditure provided for in the budget as provided by the Board;

(e) to appoint, with the approval of the Board, teachers, officers and members of the staff of the University and such other persons as may be necessary in accordance with the Rules so as to ensure the highest intellectual and moral qualities in the person appointed;

13. Dean.--(1) Each Dean shall be appointed for a fixed period which may be extended by the Board.

(2) Subject to the overall supervision of the President, each Dean shall have power: .

(a) to ensure proper implementation of the Rules and Regulations relating to his school or faculty;

(b) to regulate the conduct and discipline of the student of his school or faculty and impose penalties, including cancellation of the enrolment of the student;

(c) to coordinate, advise and liaise with the Advisory Board or other academic authorities and for teaching research extension, development works and administrative matters,;

(d) to present candidates for admission to degrees, except honorary degrees, in the course falling within the purview of the school or faculty;

(e) to appoint examiners for all examinations of his respective school or faculty;

(f) to direct teacher, students and staff members of his school or faculty to take up such assignments in connection with teaching and research as he may consider appropriate;

(g) to nominate teachers, students and staff members of his school or faculty for training fellowship, scholarships and other academic distinctions; and

(h) to perform such other duties and exercise such other powers as may be assigned to or vested in him by the Board, or President.

14. Board of Trustees.--(1) The general supervision and control of the affairs and the power to lay down rules, regulations and policies, of the University shall vest in the Board of Trustees the Chairman of the Board of Trustees shall be the overall executive head of the University. The Board will consist of the members mentioned in the deed of registration of the ICES.

(2) A person nominated by the Chairman from amongst the members of the Board shall act as Secretary of the Board.

(3) A nominated member of the Board shall hold office for a term of three years and shall be eligible for re-nomination on the expiry of his term unless the Chairman earlier terminates his membership.

(4) The office of the nominated member of the Board shall become vacant if he resigns or fails to attend three consecutive meetings of the Board without sufficient cause of leave of absence.

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

15. Powers and Functions of the Board of Trustees.--(1) The Board shall exercise and perform the powers and functions as follows; namely;

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

(b) to make rules of the University; ,

(c) to formulate or approve the principles, policies and plans governing the activities and operations of the University so as to ensure its autonomy in teaching research and other academic work;

(d) to create or abolish faculties and institutes of the University, and to constitute such standing committees, councils and other administrative and academic advisory bodies as it may deem necessary, and review their work;

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

(f) to approve plan of work and annual budget of the University;

(g) to call for and consider reports relating to the activities of the University and execution of the plans of work and to direct the President to furnish information relating to any matter specified by the Board;

(h) to create such academic or administrative posts as it may deem necessary and to approve appointments to such as it may specify;

(i) to undertake responsibility for the financial viability of the University, including responsibility for ensuring effectiveness of its operations, their continuity and preservation of the autonomy of the University;

(j) to approve all affiliations and other arrangements through which institutions may become associated with the University.

(k) to appoint from amongst its members such committees or sub committees as it may deem necessary;

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

(2) The Board may delegate any of its powers to the President, subject to such conditions as it may deem fit to impose.

16. Meetings of the Board of Trustees.--(1) The Board shall meet at least twice in a year on the dates to be fixed by the Chairman:

Provided that a specified meeting may be called at any time request having been made by not less than four members of the Board to consider any matter of urgent nature.

(2) In the case of a special meeting not less than ten calendar day's notice 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 of the Committee shall have and exercise the casting vote.

17. Advisory Council.--The University shall have an Advisory Council to advise in the overall functioning of the University. The members of this Advisory Council will be as under:--

(a) There will be a total of ten members in the Advisory Council.

(b) Out of the total of ten members, four members of this Advisory Council will be nominated by the Government of Balochistan in consultation with the Board for a period of five years initially and subsequently for a tenure period of two years; In case of some members opting out for any reason, a new member will be nominated for the remaining tenure.

(c) There will be four members of the Board of Trustees in the Advisory Council, These members will be elected by Board of Trustees.

(d) There will be two eminent scholars from Pakistan or abroad. They will be nominated by the Board of trustees for a period of two years; and

(e) The senior member Board of Trustees, who will also be the member of this Council, will preside over the meetings of the Advisory Council.

18. Meetings of the Advisory Council.--(1) The Advisory Council shall meet thrice in a year on the dates suggested by the Presiding member of the Council. A special meeting may be called at any time on the direction of the Presiding member or on a requisition made by not less than six members of the Council to consider a matter of urgent nature.

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

(4) The decision 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 of the Board shall have and exercise a casting vote.

19. Role of Advisory Council.--The Advisory Council will review-the progress of the University in general and in academic fields in particular.

(2) The Advisory Council will suggest/recommend the areas in which the University could become more effective for the community in such a way that the students from Balochistan will have a significant status in terms of fee and admissions. Special financial packages will be offered to the students from Balochistan that will be acceptable to the University and will only incorporate reduced tution fee. This would be a minimum of half as offered to students from elsewhere and will be binding initially for five years, extendible if situation permits, for another five years from the date of operation of the University.

(3) Since the Advisory Council consists of technocrats as well as Government of Balochistan functionaries, therefore, the parameters laid down and the advice given by the Council will be implemented in the following policy decisions of the University:

(c) To suggest/advise Regulations or rules to the Board and the appropriate bodies;

(d) To suggest/advise on academic contracts whenever called upon to do so;

(e) To suggest/advise on schemes for achievement of the objectives of the University;

(f) To advise on the form and use of common seal of the University; and

(g) To advise on professional research and any other matter.

**20. Academic and Administrative Staff-**The academic and administrative staff of the University shall be selected within a view to achieving its stated objectives and the basic criteria for their selection shall be the highest standard of competence, integrity and efficiency provided that in the case of academic staff, academic qualifications and fringe benefits should not be less than those duly approved/laid down by University Grants Commission for such appointments.

21. University Funds Audit and Report.---(1) The University shall have a Fund to which shall be credited Income, Free, Fees, donations, trusts, bequests, endowment, grants, contributions, loans and any other sources.

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

(3) The accounts of the University shall be maintained in such form and in such manner as may be prescribed by rules.

(4) The accounts of the University shall be audited each year within four months of the closing of the financial year of the University by the Chartered Accountant appointed by the Board.

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

(6) The auditors report shall certify that the auditor has compiled with the standard of audit and certification laid down by the Institute of Chartered Accountants of Pakistan.

22. Indemnity and bar of Jurisdiction. ---(1) No suit, prosecution or other legal proceedings shall lie against any person or authority for anything which is in good faith, done or intended to be done, under this Ordinance.

(2) No decision taken or act or thing done by the Chancellor, the President and the Board regarding matters connected With the University shall be called in question before any Court or any other authority.

23. Ordinance to override other laws.--This Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.

24. Removal of difficulties etc.--(1) If any question arises as to the interpretation of any of the provisions of this Ordinance, it shall be placed before the President whose decision in collaboration with the Chancellor therein shall be final;

(2) If any difficulty arises in giving effect to any of the provisions of this Ordinance, the Chancellor may make such orders, not inconsistent with the provisions of this Ordinance, as may appear to him to be necessary for removing the difficulty in question;

(3) Where this Ordinance makes any provision for anything to be done, but no provision or insufficient provision has been made as respecting the authority by whom, or the time at which, or the manner in which it shall be done, then it shall be done by such authority or at such time, or in such manner, as the Chancellor may direct.

25. Rules.-(1) Subject to the provisions of this Ordinance, rules may be made to regulate or prescribe all or any of the following matters, namely:

(a) Terms and conditions of service of employees of the University, including scale of pay, constitution of pension, insurance, gratuity, provident fund, benevolent fund and other fringe benefits.

(b) Terms and conditions of contractual appointments of teachers, researchers and officers.

(c) Establishment of Faculties, Teaching Departments and other academic units and divisions.

(d) Powers and duties of officers and teachers.

(e) Conditions under which the University may enter into arrangements with other public or private organizations for purpose of instruction research and other scholarly research.

(f) Conditions of appointment of Professor's Emeritus and award of honorary degree.

(g) Efficiencies and discipline of employees of the University.

(h) Acquisition and administration of properties and investments of the University, and

(i) All other matters which under this Ordinance required to be made or may be prescribed or regulated by rules.

(2) The draft of the Statute shall be proposed by the Board for approval by the Chairman.

(3) The Chairman shall, have the power to assent to the rules submitted to him for approval, or refer them back to the Board for reconsideration or to reject the same.

(4) No rules shall be valid until it has been approved by the Chairman

26. Regulations.--(1) Subject to the provisions of this Ordinance and the rules, regulations may be made for all or any of the following matters.

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

(b) Syllabi and courses of study and research programmes leading to degree, diploma or certificates;

(c) Conduct and supervision of examinations, appointment of examiners, scrutiny, tabulation and declaration of results;

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

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

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

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

(h) Condition of residence of students;

(i) Use of library, and

(j) All other academic matters which by this Ordinance or Rules are to be, or may be prescribed by Regulations; and

(k) Establish school from Nursery to Grade-XII, as feeder school.

(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 Regulation shall be valid until they have been approved by the Board.

**27. Opportunity of show cause.--**Except as 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, proposed to be taken against him.

28. Appeal to and review by the Board.--(1) Where an order is passed punishing an employee other than President of the University, or altering or interpreting to his disadvantage the prescribed terms of conditions of his service, he shall, where the order passed by the Vice-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 applicant or the person who has made application for review, as the case may be, has been given an opportunity of being heard.

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

**30. Affiliation of any Institution.--**The University may provide affiliations to certain institutions as decided by the Chancellor and Board of Trustees.

**31. Establishment of the School.--**The University may establish the Quetta American International School with class Nursery to Grade XII with immediate effect to serve as feeder school, the regulations for which will be notified separately.

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