The Nishtar Medical University Act 2017

[1]THE NISHTAR MEDICAL UNIVERSITY ACT 2017

(Act XVII of 2017)

[28 September 2017]

An Act to provide for the establishment of Nishtar Medical University

It is necessary to reconstitute and upgrade Nishtar Medical College Multan as a University for purposes of imparting better medical education, encouraging and arranging extensive research and publications in the field of medical sciences, holding examinations and awarding medical degrees and for ancillary matters;

Be it enacted by the Provincial Assembly of the Punjab as follows:

CHAPTER I

PRELIMINARY

1. Short title and commencement.– (1) This Act may be cited as the Nishtar Medical University Act 2017.

(2) It shall come into force at once.

2. Definitions.– In the Act:

(a) “Academic Council” means the Academic Council of the University;

(b) “Act” means the Nishtar Medical University Act 2017;

(d) “chairperson” means the head of a department, principal of a constituent college or director of an institute;

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

(f) “Commission” means the Higher Education Commission set up under the Higher Education Commission Ordinance, 2002 (LIII of 2002);

(g) “constituent college” means a college administered and maintained by the University;

(h) “Controller of Examinations” means Controller of Examinations of the University;

(i) “Dean” means the head of a faculty of the University;

(j) “department” means a teaching department maintained and administered by the University in the prescribed manner;

(k) “faculty” means an administrative and academic unit of the University consisting of one or more departments, institutes or constituent colleges;

(l) “Government” means Government of the Punjab;

(m) “hospital” means the hospital notified by the Government to be a constituent hospital of the University for teaching purposes;

(n) “institute” means an institute established, maintained and administered by the University;

(o) “prescribed” means prescribed by the statutes, regulations or rules;

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

(q) “Professor Emeritus” means a retired professor working in a faculty on honorary basis;

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

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

(t) “statutes”, “regulations” and “rules” respectively mean the statutes, regulations and rules made under the Act;

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

(v) “teacher” includes a Professor, Associate Professor, Assistant Professor or Lecturer, Teaching Assistant, Demonstrator and Instructor engaged whole time by the University and such other persons as may be prescribed;

(w) “Treasurer” means Treasurer of the University;

(x) “University” means Nishtar Medical University Multan; and

(y) “Vice Chancellor” means Vice Chancellor of the University.

CHAPTER II

THE UNIVERSITY

3. Establishment and incorporation.– (1) The Government shall, by notification, re-constitute Nishtar Medical College Multan as Nishtar Medical University.

(2) The University shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and shall, by the aforesaid name, sue and be sued.

(3) The University may, with the approval of the Government, open and administer a sub-campus of the University.

(4) The University shall consist of the following-

(a) Chancellor;

(b) Pro-Chancellor;

(d) Pro-Vice Chancellor;

(e) members of the Syndicate, the Academic Council and all other Authorities;

(f) Chairpersons and Deans;

(g) teachers and students of the University; and

(h) officers and members of the staff of the University.

(5) Consequent upon the notification issued under subsection (1), all properties, rights and interests of whatever kind, used, enjoyed, possessed, owned or vested in or held in trust by or for the Nishtar Medical College Multan and all liabilities legally subsisting against that College shall stand transferred to the University.

(6) All employees of the Government serving in Nishtar Medical College Multan immediately before the commencement of the Act shall be considered on deputation with the University.

(7) Subject to the criteria notified by the University, an employee of the Government on deputation with the University may, within three hundred and sixty five days from the commencement of the Act, opt for absorption in the service of the University on such terms and conditions and in such manner as may be prescribed.

4. Functions of the University.– (1) The University shall:

(a) provide for education relating to medicine, surgery and such other related branches of knowledge as it may deem fit, and make provisions for research, advancement and dissemination of knowledge in such manner as it may determine;

(b) establish, maintain and administer a department, constituent college or an institute;

(d) prescribe courses of studies;

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

(f) hold examinations in the prescribed manner and, if a person qualifies the examination, award degree, diploma, certificate and other academic distinction to the person;

(g) prescribe the terms and conditions of employment of the officers, teachers and other employees of the University;

(h) engage, where necessary, a person on contract for a specified duration and to specify the terms of the engagement;

(i) provide career counseling and job search services to the students and alumni;

(j) maintain linkages with alumni;

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

(l) confer degree on a person who has successfully conducted research in the prescribed manner;

(m) institute Professorship, Associate Professorship, Assistant Professorship and Lectureship or any other post and may appoint a person on the post;

(n) create a post for research, extension, administration or other related purposes and appoint a person to the post in the prescribed manner;

(o) institute and award financial assistance to students in need, fellowships, scholarships, bursaries, medals and prizes in the prescribed manner;

(p) provide for the residence to the students, establish and maintain halls of residence and may approve or licence a hostel, lodging or boarding place;

(q) maintain order, discipline and security in a campus of the University;

(r) promote extracurricular and recreational activities for the students and make arrangements for promoting health and general welfare of the students;

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

(t) perform any other prescribed or ancillary function.

(2) The University may:

(a) institute programmes for the exchange of students and teachers between the University and any other university, educational institution or research organization;

(b) develop and implement fund-raising plans;

(c) accept an examination and the period of study spent by a student of the University at any other university or place of learning equivalent to an examination or period of study of the University and may withdraw such acceptance;

(d) cooperate with a public authority, university or private organization in the prescribed manner;

(e) make provisions for research, advisory or consultancy services and enter into arrangements with any other institution, public or private body, commercial or industrial enterprise in the prescribed manner;

(f) receive and manage property, grants and contributions made to the University and invest any fund in such manner as may be prescribed;

(g) print and publish research or work;

(h) establish teaching departments, schools, colleges, faculties, institutes, museums and centers of excellence including area study center and other centers of learning for the development of teaching and research and to make arrangements for their maintenance, management and administration; and

(i) exercise any power ancillary to the above powers as may be prescribed.

5. Access to the University.– Subject to such reasonable restrictions as may be prescribed, the University shall be open to all persons of either sex and of whatever race, creed, religion, class or colour and no person shall be denied the privileges of the University on any such grounds.

6. Increase in fee.– The University shall not, without approval of the Chancellor, increase any fee or charge in excess of ten per cent per annum.

7. Jurisdiction.– The University shall exercise the powers conferred on it by or under the Act in respect of its teaching jurisdiction over hospitals, schools or institutes attached to it.

CHAPTER III

OFFICERS OF THE UNIVERSITY

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

(a) Chancellor;

(b) Pro-Chancellor;

(d) Pro-Vice Chancellor;

(e) Deans;

(f) Chairpersons;

(g) Registrar;

(h) Treasurer;

(i) Controller of Examinations;

(j) Librarian;

(k) Auditor; and

(l) such other persons as may be prescribed.

9. Chancellor.– (1) Governor of the Punjab shall be the Chancellor of the University.

(2) The Chancellor or a nominee of the Chancellor shall preside at convocation of the University.

(3) The University may, subject to prior approval of the Chancellor, confer an honorary degree.

(4) Subject to the Act, the Chancellor may approve the draft statutes submitted by the Syndicate or refer the statutes back to the Syndicate for reconsideration.

(5) In the performance of functions under the Act, the Chancellor shall act and shall be bound in the same manner as the Governor of a Province acts and is bound under clause (1) of Article 105 of the Constitution of the Islamic Republic of Pakistan.

10. Inspection and inquiry.– (1) The Chancellor may direct inspection or inquiry into the affairs of the University.

(2) The Chancellor shall convey the views with regard to the result of the inspection or inquiry to the Syndicate and may, after ascertaining the views of the Syndicate, recommend any remedial action to the Syndicate.

(3) The Syndicate shall, within the time specified by the Chancellor, submit a report to the Chancellor about the action taken on the recommendation of the Chancellor.

(4) If the Syndicate fails to take action to the satisfaction of the Chancellor within the specified time, the Chancellor may issue such direction as the Chancellor deems appropriate and the Syndicate shall comply with the direction.

(5) The Chancellor may set aside a decision or action of the Syndicate, which, in the opinion of the Chancellor, is against the law, interest of academic excellence of the University, religious or cultural ideology, or national integrity.

11. Pro-Chancellor.– (1) Minister for Health of the Government shall be the Pro-Chancellor of the University.

(2) The Pro-Chancellor shall perform functions under the Act and exercise powers of the Chancellor, except the powers under section 10, as may be prescribed or assigned to the Pro-Chancellor by the Chancellor.

12. Vice Chancellor.– (1) A person who is eligible and who is not more than sixty five years of age on the last date fixed for submission of applications for the post of Vice Chancellor may apply for the post.

(2) The Government, by notification published in the official Gazette, shall determine the qualifications, experience and other relevant requirements for the post of the Vice Chancellor.

(3) The Government shall constitute, for a term of two years, a Search Committee consisting of not less than three and not more than five members for making recommendations for appointment of the Vice Chancellor.

(4) The Search Committee shall follow such procedure and criteria for the search or selection of the panel for the post of the Vice Chancellor as the Government may, by notification, determine.

(5) The Search Committee shall recommend to the Government, in order of merit, a panel of three persons who, in its opinion, are suitable for appointment as the Vice Chancellor.

(6) The Chancellor shall appoint the Vice Chancellor for a term of four years but he shall serve during the pleasure of the Chancellor.

(7) The Government shall determine the terms and conditions of service of the Vice Chancellor.

(8) The incumbent Vice Chancellor shall not be allowed any extension in his tenure but subject to eligibility, he may again compete for the post of the Vice Chancellor in accordance with the procedure prescribed by or under this section.

(9) If the office of the Vice Chancellor is vacant or the Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Pro-Vice Chancellor shall perform the functions of the Vice Chancellor but, if at any time, the office of Pro-Vice Chancellor is also vacant or the Pro-Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Chancellor shall make such temporary arrangements for the performance of the duties of the Vice Chancellor as he may deem fit.

(10) The Pro-Vice Chancellor or any other person acting as Vice Chancellor under subsection (9) shall not, in any case, perform the functions of the Vice Chancellor for the period of more than six months and the Chancellor shall, within that period, ensure appointment of the Vice Chancellor under this section.

13. Powers of the Vice Chancellor.– (1) Subject to the Act, the Vice Chancellor shall be the chief executive officer of the University and shall ensure that the provisions of the Act, statutes, regulations and rules are faithfully observed.

(2) The Vice Chancellor may attend a meeting of any Authority or body of the University.

(3) Subject to such conditions as may be prescribed, the Vice Chancellor may, in an emergency, take an action which is not otherwise in the competence of the Vice Chancellor but is within the competence of any Authority.

(4) The Vice Chancellor shall, within seven days of taking an action under subsection (3), submit a report of the action taken to the Pro-Chancellor and to the members of the Syndicate and the Syndicate shall, within forty five days of such an action of the Vice Chancellor, pass such order as the Syndicate deems appropriate.

(5) Subject to the general supervision and control of the Syndicate, the Vice Chancellor may:

(a) direct a teacher, officer or other employee of the University to take up an assignment in connection with examination, administration or any other activity in relation to the University;

(b) sanction by re-appropriation an amount for an unforeseen item not provided for in the budget of the University;

(d) take disciplinary action against a teacher, officer or any other employee of the University in the prescribed manner;

(e) delegate, subject to such conditions as may be prescribed, any of his powers to a teacher or officer of the University; and

(f) exercise such other powers as may be prescribed or as may be assigned by the Syndicate.

(6) The Vice Chancellor shall prepare an annual report containing information as regards the preceding academic year including disclosure of all relevant facts pertaining to academics, research, administration and finances of the University.

(7) The Vice Chancellor shall, within three months of the end of an academic year, submit the annual report of the University to the Syndicate.

14. Pro-Vice Chancellor.– (1) The Chancellor shall nominate the Pro-Vice Chancellor of the University from amongst three senior most Professors of the University for a term of three years.

(2) The Pro-Vice Chancellor shall perform such functions as may be assigned to him under the Act, statute or regulations.

(3) The Syndicate or the Vice Chancellor may assign any function to the Pro-Vice Chancellor in addition to his duties as Professor.

15. Registrar.– (1) The Syndicate shall, on the recommendation of the Vice Chancellor, appoint a Registrar in such manner and on such terms and conditions as may be prescribed.

(2) The Syndicate shall not appoint a person as Registrar unless he possesses the prescribed qualifications and minimum five years’ experience of administration.

(3) The Registrar shall be a full-time officer of the University and shall:

(a) be the administrative head of the secretariat of the University and be responsible for the provision of secretarial support to the Syndicate and the Vice Chancellor;

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

(d) supervise the process of election, appointment or nomination of a member to an Authority or body of the University in the prescribed manner; and

(e) perform such other duties as may be prescribed or assigned to him by the Syndicate.

(4) The Registrar shall hold office for a term of three years.

16. Treasurer.– (1) The Syndicate shall appoint a Treasurer in such manner and on such terms and conditions as may be prescribed.

(2) The Syndicate shall not appoint a person as Treasurer unless he possesses the prescribed professional qualifications and experience in the field of accounts or finance.

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

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

(b) prepare the annual and revised budget estimates of the University and present the estimates to the Syndicate;

(d) ensure that the accounts of the University are audited annually and are available for submission to the Syndicate within six months of the end of a financial year; and

(e) perform such other functions as may be prescribed or assigned to him by the Syndicate.

(4) The Treasurer shall hold office for a term of three years.

17. Controller of Examinations.– (1) The Syndicate shall, on the recommendation of the Vice Chancellor, appoint a Controller of Examinations in such manner and on such terms and conditions as may be prescribed.

(2) The Syndicate shall not appoint a person as Controller of Examinations unless he possesses the prescribed qualifications and experience.

(3) The Controller of Examinations shall be a full-time officer and shall be responsible for all matters connected with the conduct of examinations and shall perform such other duties as may be prescribed or assigned by the Syndicate.

(4) The Controller of Examinations shall hold office for a term of three years.

18. Internal auditor.– The Syndicate shall appoint an internal auditor in the prescribed manner on such terms and conditions as it may determine.

19. Appointments.– The University may appoint such persons in its service as may be necessary in such manner and on such terms and conditions as may be prescribed.

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY

20. Authorities of the University.– (1) The following shall be the Authorities of the University:

(a) Syndicate;

(b) Academic Council;

(d) Board of Advanced Studies and Research;

(e) Selection Board;

(f) Finance and Planning Committee; and

(g) such other Authority as may be prescribed.

(2) The Syndicate may constitute committees consisting of its members or officers of the University or a combination of all or any of such persons.

21. Syndicate.– (1) The Syndicate shall consist of-

(a) Pro-Chancellor who shall be its chairperson;

(b) Vice Chancellor;

(c) Secretary to the Government, Specialized Healthcare and Medical Education Department or a nominee not below the rank of an Additional Secretary;

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

(e) Secretary to the Government, Higher Education Department or a nominee not below the rank of an Additional Secretary;

(f) Secretary to the Government, Law and Parliamentary Affairs Department or a nominee not below the rank of an Additional Secretary;

(g) Chairman of the Commission or a nominee not below the rank of a whole-time member of the Commission;

(h) one senior most Dean of the Faculties;

(i) three members including at least one woman member of Provincial Assembly of the Punjab preferably medical doctors to be nominated by the Speaker of the Assembly;

(j) two retired Principals or Professors of Nishtar Medical College Multan or the University to be nominated by the Government;

(k) two financial experts or bankers to be nominated by the Government;

(l) two philanthropists or representatives of civil society to be nominated by the Government;

(m) head of an associated faculty;

(n) Medical Superintendent of an attached hospital having not less than two hundred beds;

(o) the Dean of an attached nursing school; and

(p) two Vice Chancellors, one from public sector university and one from a private sector university, to be nominated by the Chancellor.

(2) The Registrar shall be the Secretary of the Syndicate.

(3) The Pro-Chancellor may nominate a member of the Syndicate to preside over a meeting of the Syndicate in his absence.

(4) The members of the Syndicate, other than ex-officio members & members from Provincial Assembly of the Punjab, shall hold office for a period of three years.

(5) Seven members of the Syndicate shall constitute the quorum for a meeting of the Syndicate.

(6) The Vice Chancellor shall, with the approval of the Pro-Chancellor, summon a meeting of the Syndicate.

(7) The Syndicate shall take decisions by majority of the votes of the members present and voting and the Registrar shall clearly reflect the dissent, if any, and the reasons of such dissent.

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 the Act and the statutes, take effective measures to raise the standard of medical teaching, research, technological development, publication and other academic pursuits and exercise general supervision over the affairs of the University and management of the property of the University.

(2) Without prejudice to the generality of the foregoing powers and subject to the provisions of the Act, the Syndicate may:

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

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

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

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

(e) enter into, vary, carry out or cancel contracts on behalf of the University;

(f) cause proper books of account to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University;

(g) invest any money belonging to the University including any unapplied income in any of the securities described in section 20 of the Trusts Act 1882 (II of 1882), or in the purchase of immovable property or in such other manner, as it may determine, with the like power of varying such investments;

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

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

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

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

(l) arrange for the inspection of the academic departments;

(m) institute Professorships, Associate Professorships, Assistant Professorships, Lecturerships and other posts and to suspend or abolish such posts;

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

(o) appoint University teachers and other officers on the recommendation of the Selection Board for teaching and managerial posts;

(p) confer, with prior approval of the Chancellor, an honorary degree;

(q) prescribe the duties of the officers, teachers and other employees of the University and of those working in the University on deputation or on contract;

(r) appoint members to the various Authorities, committees and bodies in the prescribed manner;

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

(t) regulate, determine and administer, all other matters concerning the University and to this end exercise all necessary powers not specifically mentioned in the Act and statutes but not inconsistent with the provisions of the Act;

(u) appoint Professor Emeritus on such terms and conditions as may be prescribed;

(v) suspend, punish and remove from service in the prescribed manner officers, teachers and employees it is empowered to appoint;

(w) approve statutes and recommend those drafts of the statutes, for approval of the Chancellor, which pertain to the terms and conditions of service of the University employees;

(x) approve regulations recommended by the Academic Council;

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

(z) perform such other functions as may be assigned to it under the Act and the statutes.

23. Academic Council.– (1) The Academic Council shall consist of the Vice Chancellor who shall be the Chairperson of the Academic Council and the following members:

(a) Pro-Vice Chancellor;

(b) Deans;

(d) one retired Principal or Professor of Nishtar Medical College Multan or the University nominated by the Syndicate;

(e) all Professors including Professors Emeritus;

(f) two Associate Professors, two Assistant Professors and two lecturers to be elected from amongst themselves;

(g) three academicians of eminence including at least one woman to be nominated by the Syndicate;

(j) Secretary to the Government, Specialized Healthcare and Medical Education Department or a nominee not below the rank of a Deputy Secretary;

(i) five experts including at least two women in the field of medical education to be nominated by the Chancellor;

(j) Registrar (Member/Secretary);

(k) Controller of Examinations; and

(l) Librarian.

(2) The members of the Academic Council, other than ex-officio members, shall hold office for three years, and the vacancy, if any, shall be filled for the remaining period in the prescribed manner.

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

24. Powers and duties of the Academic Council.– (1) The Academic Council shall be the academic body of the University and may lay down proper standards of instruction, research, publication and examination and to regulate and promote the academic life of the University.

(2) In particular and without prejudice to the generality of the foregoing provision, the Academic Council may:

(a) advise the Syndicate on academic matters;

(b) regulate teaching, research and examinations;

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

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

(f) propose to the Syndicate schemes for the constitution and organization of faculties, institutes and other academic bodies;

(g) propose regulations on the recommendations of the Boards of Faculties and the Boards of Studies for consideration and approval of the Syndicate;

(h) propose for each academic year, on the recommendations of the Boards of Studies, regulations prescribing the courses of studies, the syllabi and the outlines of tests for all examinations, but if the recommendations are not received by the prescribed date, the Academic Council may, subject to the approval of the Syndicate, permit such regulations to continue for the following year;

(i) recognize the examinations given by other Universities or examining bodies as being equivalent to the corresponding examinations of the University;

(j) nominate members of the Authorities in accordance with the provisions of the Act; and

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

25. Board of Faculty.– (1) There shall be a Board of Faculty for each Faculty which shall consist of:

(a) Dean of the Faculty;

(b) Chairperson and Professors in the Faculty;

(c) three teachers to be nominated by the Academic Council on the basis of their specialized knowledge of the subjects which, though not assigned to the Faculty, have in the opinion of the Academic Council, important bearing on the subjects assigned to the faculty;

(d) two experts in the field from outside the University to be nominated by the Syndicate;

(e) one Associate Professor, one Assistant Professor and one Demonstrator to be appointed by rotation in order of seniority from each department of the faculty; and

(f) one member to be nominated by the Vice Chancellor.

(2) The members, other than ex-officio members, of a Board of faculty shall hold office for a period of three years.

(3) The quorum for its meeting shall be one-third of the total number of members.

(4) A Board of Faculty, subject to the general control of the Syndicate and Academic Council, may:

(a) co-ordinate the teaching and research work in the subjects assigned to the Faculty;

(b) scrutinize the recommendations of the Board of Studies comprising the Faculty with regard to the appointment of paper setters and examiners for graduate and postgraduate examinations and to forward the panels of suitable paper setters and examiners for each examination to the Vice Chancellor;

(d) prepare a comprehensive annual report regarding the performance of each department, constituent college or Institute comprising the Faculty for presentation to the Academic Council; and

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

26. Board of Advanced Studies and Research.– (1) The Board of Advanced Studies and Research shall consist of the Vice Chancellor who shall be the chairperson and the following members:

(a) all the Deans;

(b) Controller of Examinations;

(d) one member to be nominated by the Vice Chancellor;

(e) three members from the relevant field, research organizations or the Government to be nominated by the Syndicate;

(f) three professors other than Deans to be nominated by the Syndicate; and

(g) Registrar (Secretary).

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

(3) The quorum for a meeting of the Board of Advanced Studies and Research shall be one-third of the total number of members.

27. Functions of the Board of Advanced Studies and Research.– The Board of Advanced Studies and Research shall:

(a) advise an Authority on all matters connected with the promotion of advanced studies and research publication in the University;

(b) consider and report to an Authority with regard to a research degree of the University;

(d) appoint supervisors for a postgraduate research student and to approve title and synopsis of the thesis or dissertation;

(e) recommend panel of examiners for evaluation of a research examination; and

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

28. Selection Board.– (1) The Selection Board shall consist of the Vice Chancellor who shall be the chairperson of the Board and the following members:

(a) Secretary to the Government, Specialized Healthcare and Medical Education Department or his nominee not below the rank of an Additional Secretary;

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

(d) Chairperson concerned;

(e) one eminent scholar to be nominated by the Syndicate;

(f) two eminent medical practitioners or scientists in the relevant field to be nominated as experts by the Government on recommendation of the Syndicate; and

(g) Registrar (member/secretary).

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

(3) Five members including at least one expert shall constitute the quorum for a meeting of the Selection Board.

(4) The member who himself or whose relative is a candidate for a post to which selection is to be made, shall not take part in the whole proceedings of the Selection Board.

(5) In selection of candidates for the post of Professor or Associate Professor, the Selection Board shall co-opt or consult three experts in the subject and in selecting candidates for any other teaching post, two experts in the subject, to be nominated by the Vice Chancellor from a standing list of experts for each subject approved by the Syndicate.

(6) The Syndicate may approve or revise the standing list of experts of a subject on the recommendation of the Selection Board.

29. Functions of the Selection Board.– The Selection Board shall:

(a) recommend to the Syndicate, suitable applicants for appointment to teaching and other posts as also the pay package, if not already prescribed; and

(b) consider cases of promotion or selection of officers of the University and recommend suitable officers for such promotion or selection to the Syndicate.

30. Finance and Planning Committee.– (1) The Finance and Planning Committee shall consist of the Vice Chancellor who shall be the chairperson of the Committee and the following members:

(a) all the Deans;

(b) one member of the Syndicate to be nominated by the Syndicate;

(d) one member of the Academic Council to be nominated by the Academic Council;

(e) Director Planning or any other nominee of the Commission;

(f) Registrar;

(g) Medical Superintendents of the constituent hospitals; and

(h) Treasurer (member/secretary).

(2) A member other than an ex officio member shall hold office for three years.

(3) Five members of the Finance and Planning Committee shall constitute the quorum for a meeting of the Committee.

31. Functions of Finance and Planning Committee.– The Finance and Planning Committee shall:

(a) prepare the annual statement of accounts and propose annual budget estimates and make recommendations to the Syndicate;

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

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

32. Appointment of Committees by Authorities.– An Authority may constitute such standing, special or advisory committees as it may deem fit and appoint to such committees, persons who may not be its members.

Chapter V

Statutes, RegulationS and Rules

33. Statutes.– (1) Subject to the provisions of the Act, the Syndicate may make statutes or recommend statutes relating to the matters specified in clauses (a) and (b) of subsection (2) to the Chancellor.

(2) The statutes may be made to provide for and regulate all or any of the following matters:

(a) scales of pay, method of recruitment and other terms and conditions of service of officers, teachers and other employees of the University and the constitution of their pension, insurance, gratuity, provident fund and benevolent fund;

(b) conduct and discipline of the officers, teachers and other employees of the University;

(d) establishment of institutes, faculties, constituent colleges, departments and academic divisions;

(e) powers and duties of officers, teachers and employees of the University;

(f) conditions for appointment of Professors Emeritus;

(g) conditions on which the University may enter into arrangements with public bodies or other organizations for purposes of research and advisory services;

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

(i) award of an honorary degree;

(j) maintenance of register of students and of registered graduates;

(k) conduct of elections for membership of Authorities and related matters; and

(l) all other matters which are to be or may be prescribed or regulated by the statutes.

(3) The Syndicate shall recommend statutes under clauses (a) and (b) of subsection (2) to the Chancellor who may approve it with or without any amendment or may refer it back to the Syndicate for reconsideration or may reject it.

34. Regulations.– (1) Subject to the provisions of the Act and the statutes, the Syndicate may, on the recommendation of the Academic Council, frame regulations in respect of all or any of the following matters:-

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

(b) manner and method of teaching conducted in the University;

(c) admission of students to the University and conditions under which they are admitted or allowed to take courses and examinations of the University and become eligible for the award of degrees, diplomas and certificates;

(d) fees and other charges to be paid by students for admission to the courses of studies and the examinations of the University;

(e) conduct of examinations;

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

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

(h) conditions for acquiring research degrees;

(i) institution of fellowships, scholarships, medals and prizes;

(j) institution of stipends and free and half-free studentships;

(k) academic costumes;

(l) use of the library;

(m) formation of teaching departments and Boards of Studies; and

(n) all other matters which under the Act or the statutes are to be or may be prescribed by regulations.

(2) The Academic Council shall prepare and submit the regulations to the Syndicate and the Syndicate may approve them with or without amendments or refer them back to the Academic Council for reconsideration or reject them.

35. Rules.– (1) An Authority or a body of the University may make rules consistent with the Act, statutes and regulations, to regulate the conduct of its business.

(2) The Syndicate may direct any Authority or body of the University to amend or repeal any rules made by the Authority or body.

CHAPTER VI

FINANCIAL PROVISIONS

36. University Fund.– (1) There shall be a Fund to be known as Nishtar Medical University Fund which shall vest in the University and to which shall be credited all sums including endowment fund received by the University.

(2) The University may accept donation in the shape of land, vehicle, equipment or any other items or fund that may facilitate the functioning of the University and all such donations shall be used, maintained and disposed of by the University in the prescribed manner.

37. Budget, audit and accounts.– (1) The budget of the University shall be approved and its accounts shall be maintained and audited in such manner as may be prescribed by the Syndicate.

(2) The Syndicate may approve the budget of the University, appropriation of accounts of the University and may settle an audit para relating to the audit of the University.

(3) The Syndicate may delegate the power of appropriation or re-appropriation of funds to an officer of the University.

Chapter VII

Miscellaneous

38. Appeal to Syndicate.– (1) Where no provision for appeal in respect of an order passed by an Authority, body or officer of the University, other than the Chancellor, exists in the statutes or the regulations, the aggrieved person may prefer an appeal against that order to the Syndicate.

(2) The Syndicate may constitute a committee of its members to hear and dispose of any appeal on behalf of the Syndicate.

(3) If a member of the Syndicate is also the member of the Authority or the officer who passed the order such member of the Authority or the officer shall not hear the appeal as member of the Syndicate or committee constituted by it to hear and dispose of the appeal.

39. Removal of difficulties.– If any difficulty arises in giving effect to any of the provisions of the Act, the Government may give such directions, not inconsistent with the Act, as it may consider necessary for the removal of such difficulty.

40. Indemnity.– No suit or legal proceedings shall lie against the Government, the University or any Authority, officer or employee of the Government or the University or any person in respect of anything which is done in good faith under the Act.

41. Repeal.– The Nishtar Medical University Ordinance 2017 (VII of 2017) is hereby repealed.

[1]This Act was passed by the Punjab Assembly on 20 September 2017; assented to by the Governor of the Punjab on 27 September 2017; and, was published in the Punjab Gazette (Extraordinary), dated 28 September 2017, pages 1621-34.