THE THAL
UNIVERSITY BHAKKAR ACT 2021
(Act XLIII of 2021)
C O N T E N T S
Section Heading
CHAPTER I
PRELIMINARY
1. Short
title and commencement.
2. Definitions.
CHAPTER II
THE UNIVERSITY
3. Incorporation.
4. Functions
of the University.
5. Jurisdiction
of the University.
6. University
to be open to all classes and creeds.
7. Fee
and other charges.
8. Teaching
in the University.
CHAPTER III
OFFICERS OF THE
UNIVERSITY
9. Officers
of the University.
10. Chancellor.
11. Inspection
and inquiry.
12. Revisional
powers of the Chancellor.
13. Pro-Chancellor.
14. Vice
Chancellor.
15. Powers
of the Vice Chancellor.
16. Pro-Vice
Chancellor.
17. Registrar.
18. Treasurer.
19. Controller
of Examinations.
20. Resident
Auditor.
21. Other
appointments.
CHAPTER IV
AUTHORITIES OF THE
UNIVERSITY
22. Authorities
of the University.
23. Syndicate.
24. Powers
and duties of the Syndicate.
25. Academic
Council.
26. Powers
and duties of the Academic Council.
27. Board
of Faculty.
28. Dean.
29. Teaching
Departments and Chairpersons.
30. Board
of Advanced Studies and Research.
31. Functions
of the Board of Advanced Studies and Research.
32. Board
of Studies.
33. Functions
of Board of Studies.
34. Selection
Board.
35. Functions
of the Selection Board.
36. Finance
and Planning Committee.
37. Functions
of the Finance and Planning Committee.
38. Affiliation
Committee.
39. Functions
of the Affiliation Committee.
40. Discipline
Committee.
41. Functions
of the Discipline Committee.
42. Appointment
of Committees by Authorities.
CHAPTER V
STATUTES, REGULATIONS
AND RULES
43. Statutes.
44. Regulations.
45. Rules.
CHAPTER VI
UNIVERSITY FUND
46. University
Fund.
47. Budget,
Audit and accounts.
CHAPTER VII
MISCELLANEOUS
48. Appeal.
49. Tripartite
mobility.
50. Transition.
51. Removal
of difficulties.
52. Indemnity.
[1]THE THAL UNIVERSITY BHAKKAR ACT 2021
(ACT XLIII OF 2021)
[24th December 2021]
An Act to provide for establishment
of Thal University Bhakkar.
It is expedient in the
public interest to provide for establishment of Thal University Bhakkar and for the ancillary
matters.
Be it enacted by
Provincial Assembly of the Punjab as follows:
CHAPTER I
PRELIMINARY
1. Short title and commencement.– (1) This Act may be
cited as the Thal University Bhakkar Act 2021.
(2) It shall
come into force at once.
2. Definitions.– In this
Act:
(a)
“Academic Council” means the Academic Council
of the University;
(b)
“affiliated college” means a college or an
institute affiliated with the University;
(c)
“Authority” means an Authority of
the University;
(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 established under the Higher Education Commission Ordinance, 2002
(LIII of 2002);
(g)
“constituent college” means a college
maintained and administered by the University;
(h)
“Controller of Examinations” means the
Controller of Examinations of the University;
(i)
“Dean” means the head of a faculty of the
University;
(j)
“Department” means a teaching or research
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)
“institute” means an institute established,
maintained and administered by the University;
(n)
“prescribed” means prescribed by the rules, the
regulations or the statutes;
(o)
“Pro-Chancellor” means Pro-Chancellor of the
University;
(p)
“Pro-Vice Chancellor” means the Pro-Vice
Chancellor of the University;
(q)
“Punjab Higher Education Commission” means Punjab
Higher Education Commission established under the Punjab Higher Education
Commission Act, 2014 (I of 2015)
(r)
“Registrar” means the Registrar of the
University;
(s)
“Search Committee” means the Search Committee
consisting of at least three persons constituted by the Government for making
recommendations for appointment of the Vice Chancellor;
(t)
“statutes”, “regulations” and “rules” mean
respectively the statutes, the regulations, and
the rules made under this Act;
(u)
“Syndicate” means the Syndicate of the University;
(v)
“Teacher” includes a Professor, Associate
Professor, Assistant Professor, Lecturer, Teaching Assistant, Demonstrator, and Instructor engaged whole-time by the
University and such other persons as may be prescribed;
(w)
“Treasurer” means the Treasurer of the
University;
(x)
“University” means Thal University Bhakkar; and
(y)
“Vice Chancellor” means the Vice Chancellor of
the University.
CHAPTER II
THE UNIVERSITY
(2) The University shall be a body corporate
by the name of Thal University Bhakkar, and shall have a perpetual succession
and a common seal and may, by the said name, sue and be sued.
(3) The
University shall consist of the following:
(a) Chancellor;
(b) Pro-Chancellor;
(c) Vice
Chancellor;
(d) Pro-Vice
Chancellor;
(e) members
of an Authority;
(f) Chairpersons
and Deans;
(g) teachers
and students; and
(h) officers
and members of the staff of the University.
(4) The University may acquire and hold
property, both moveable and immoveable, and lease, sell and otherwise transfer
any property vested in it, or enter into contracts for the purposes of this
Act, in such manner as may be prescribed.
(5) The University, may, with the approval
of the Government, open and administer a sub-campus of the University after the
expiry of ten years from the establishment of the University.
(6) All properties, rights and interests of
whatever kind used, enjoyed, possessed, owned or vested in the sub-campus of
University of Sargodha at Bhakkar and all liabilities legally subsisting
against the said sub-campus shall stand transferred to the University.
(7) All employees, regular or on contract
basis, serving the sub-campus of University of Sargodha at Bhakkar, immediately
before coming into force of this Act shall be considered on deputation with the
University, but they shall not be entitled to any deputation allowance and
shall, subject to sub-section (8), be liable to be transferred to their parent
University or Department at any time.
(8) Subject to the procedure notified by the
University, an employee, serving the sub-campus of University of Sargodha at
Bhakkar on deputation with the University under subsection (7), may, within
three hundred and sixty five days from the date of coming into force of this
Act, may opt for absorption in the service of the University on such terms and
conditions and in such manner as may be prescribed but such terms and
conditions shall not be less favorable than those admissible to such an
employee while in service of the sub-campus of University of Sargodha at
Bhakkar immediately before his deputation under subsection (7).
4. Functions
of the University.– (1) The
University shall:
(a)
provide for education in such branches of
knowledge as it may deem fit, and make provisions for research, service to the
society and for the application, advancement, and
dissemination of knowledge in such manner as it may determine;
(b)
establish, maintain and administer a
department, constituent college or an institute;
(c)
establish and support other facilities for
education, training, and research;
(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 qualification 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 the specified duration and to specify
the terms of the engagement;
(i)
provide career
counselling and job search services to the students and alumni;
(j)
maintain linkages with the 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 Lecturer
ship 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;
(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 of 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 of the students and make arrangements for promoting the 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 programs 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 provision 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 transferred
and grants, contributions made to the University and to invest any fund in the
manner as it may deem fit;
(g)
print and publish research or work;
(h)
admit any college or other educational
institution to its privileges or withdraw such privileges in the prescribed
manner;
(i)
affiliate or disaffiliate a college or any
other educational institution in the prescribed
manner; and
(j)
exercise any power ancillary to the above
powers or as may be prescribed.
5. Jurisdiction
of the University.– The
jurisdiction of the University shall extend to Province of the Punjab.
6. University to be open to all classes
and creeds.– The University shall be open to all persons
irrespective of gender, religion, race, creed, class or color and the
University shall not deny its privileges to a person on any such ground.
7. Fee
and other charges.– The University may
prescribe and, from time to time, increase or decrease fee and other charges
with the approval of the Syndicate.
8. Teaching
in the University.– (1) The recognized
teaching in various courses in the University, constituent colleges and
affiliated colleges shall be conducted in the prescribed manner, and it may
include lectures, tutorials, discussions, seminars, demonstrations as well as
practical work in laboratories and workshops and other methods of instruction.
(2) The
teaching of any prescribed course in the University, constituent colleges or
affiliated colleges shall be organized by such Authority as may be prescribed.
(3) The
courses and curricula for teaching in the University, constituent colleges or
affiliated colleges shall be such as may be prescribed.
(4) A
discipline to be called Islamic and Pakistan Studies shall be offered, as a
compulsory subject at the Bachelor’s level, in the University, constituent and
affiliated colleges but the non-Muslim students may opt for Ethics and Pakistan
Studies.
(5) A degree,
diploma or certificate at the University shall be granted to a student who
fulfills the prescribed requirements for that degree, diploma or certificate.
(6) A
continuous evaluation shall be built into the system of studies.
CHAPTER III
OFFICERS OF THE UNIVERSITY
9. Officers
of the University.– The following shall be
the officers of the University:
(a)
Vice Chancellor;
(b)
Pro-Vice Chancellor;
(c)
Deans;
(d)
Chairpersons;
(e)
teachers;
(f)
Registrar;
(g)
Treasurer;
(h)
Controller of
Examinations;
(i)
Resident Auditor;
(j)
Librarian; and
(k)
such other persons as
may be prescribed.
10. Chancellor.– (1) Governor of the
Punjab shall be the Chancellor of the University.
(2)
The University may,
subject to prior approval of the Chancellor, confer an honorary degree on a
person of eminence.
(3)
The Chancellor or his
nominee shall preside at the convocation of the University.
(4)
The Chancellor, may,
after affording an opportunity of being heard, remove any person from the
membership of an Authority if such person:
(a) has become of unsound mind; or
(b) has
been subjected to any incapacity which prevents him from functioning as a
member of such Authority; or
(c) has
been convicted by a court of law of an offence involving moral turpitude; or
(d) does
not attend five consecutive meetings of the Authority, without intimation to
the Vice Chancellor; or
(e) has
accepted any assignment which involves his absence from the country for a continuous
period of more than six months, without intimation to the Vice Chancellor.
(5)
Subject to this Act,
the Chancellor may approve the draft statutes submitted by the Syndicate or
refer the statutes back to the Syndicate for reconsideration.
(6)
In the performance of
his functions under this Act, the Chancellor shall act and shall be bound in
the same manner as the Governor of a Province under Article 105 of the
Constitution of the Islamic Republic of Pakistan.
11. 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, direct any
remedial action to the Syndicate.
(3)
The Syndicate shall,
within the time specified by the Chancellor, submit compliance report to the
Chancellor about the action taken on the direction 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 he may deem appropriate and the
Syndicate shall comply with such direction.
(5)
The Chancellor may set
aside a decision or action of the Syndicate, which, in his opinion, is against
the law, interest of academic excellence of the University, religious or
cultural ideology, or national integrity.
12. Revisional
powers of the Chancellor.– The Chancellor may, on his own motion or otherwise,
call for and examine the record of any proceedings in which an order has been
passed by any Authority for purposes of satisfying himself as to the
correctness, legality or propriety of any finding or order and may pass such
orders as he may deem fit but no order shall be so passed unless the person
likely to be affected thereby is afforded an opportunity of being heard.
13. Pro-Chancellor.– (1) Minister for
Higher Education of the Government shall be the Pro-Chancellor of the
University.
(2)
The Pro-Chancellor
shall perform functions under this Act and exercise such powers of the
Chancellor as may be prescribed or assigned to him by the Chancellor, except
the powers under sections 11 and 12 of this Act.
14. 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 the Vice Chancellor may apply for the post.
(2)
The Government shall
determine, by notification in the official Gazette, the qualification,
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 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 the 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 person of highest merit as Vice Chancellor from the panel
recommended under subsection (5) for a term of four years unless there are
cogent and justifiable reasons in writing by the Chancellor for not appointing
him as such.
(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 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 but the period of such temporary arrangement shall not exceed six
months.
(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 a period of more
than six months and the Chancellor shall, within such period, ensure
appointment of the Vice Chancellor under this section.
15. Powers
of the Vice Chancellor.– (1) The Vice Chancellor shall be the chief
executive and academic officer of the University and shall ensure that the
provisions of this Act, rules, regulations and statutes are faithfully observed
in order to promote teaching, research, technology development, publications,
administration and the general efficiency and good order 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)
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 in the competence of any other Authority.
(4)
The Vice Chancellor
shall, within seven days of taking an action under subsection (3), submit a
report to the members of the Syndicate; and, the Syndicate shall, within forty
five days of the action of the Vice Chancellor, pass such orders as it may deem
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 such 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;
(c)
make appointments of
employees of the University in BS-16 or below and in such manner as may be
prescribed;
(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 conclusion of an academic year, submit the
annual report of the University to the Syndicate.
16. 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)
A Pro-Vice Chancellor
shall perform such functions as may be assigned to him under this Act, rules,
regulations or statutes.
(3)
The Syndicate or the
Vice Chancellor may assign any other function to the Pro-Vice Chancellor in
addition to his duties as Professor.
17. Registrar.– (1) The Registrar
shall be a whole time officer of the University and shall be the administrative
head of the University and be responsible for the provision of the secretarial
support to the Syndicate and the Vice Chancellor.
(2)
The Chancellor shall
not appoint a person as Registrar unless he possesses the prescribed
qualifications and experience and other requirements, if any.
(3)
The Syndicate shall recommend
to the Government, in order of merit, a panel of three persons short listed
through a competitive process for appointment as Registrar.
(4)
The Registrar shall
hold office for each term of three years.
(5) The
Registrar, under the general supervision of the Vice Chancellor, shall:
(a)
be the custodian of the
Common Seal and the academic records of the University;
(b)
maintain a register of
the students and Registered Graduates in the prescribed manner;
(c)
supervise the conduct
of elections of members of various authorities in the prescribed manner;
(d)
be the Secretary of the
Syndicate, the Academic Council, the Advanced Studies and Research Board, the
Selection Board and such other Committees as may be prescribed; and
(e)
perform such other
duties as may be prescribed or as the Vice Chancellor or the Syndicate may
assign.
(6) When
the office of the Registrar is vacant or the Registrar is absent or unable to
perform his functions owing to any cause, the Chancellor shall make temporary
arrangements for the performance of duties of the Registrar but the period of
such temporary arrangements shall not exceed six months, and the Registrar
shall be appointed during that period.
18. Treasurer.– (1) The Treasurer
shall be a whole time officer of the University.
(2) The
Chancellor shall appoint a Treasurer for each term of three years in such
manner and on such terms and conditions as may be prescribed.
(3) The
Chancellor shall not appoint a person as Treasurer unless he possesses the
prescribed qualifications and experience and other requirements, if any.
(4) The
Syndicate shall recommend to the Government, in order of merit, a panel of
three persons short listed through a competitive process for appointment as
Treasurer.
(5) 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;
(c)
ensure that the funds
of the University are spent according to the budget or any other special
arrangement;
(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.
(6) The
Treasurer shall be the Secretary of the Finance and Planning Committee.
(7) When
the office of the Treasurer is vacant or the Treasurer is absent or unable to
perform his functions owing to any cause, the Chancellor shall make temporary
arrangements for the performance of duties of the Treasurer but the period of
such temporary arrangements shall not exceed six months, and the Treasurer
shall be appointed during that period.
19. Controller
of Examinations.– (1) The Controller of
Examinations shall be a whole time officer of the University.
(2) No
person shall be appointed as Controller of Examinations unless he possesses the
prescribed qualifications, experience and other requirements, if any.
(3) The
Syndicate shall recommend to the Government, in order of merit, a panel of
three persons short listed through a competitive process for appointment as
Controller of Examinations.
(4) The
Chancellor shall appoint a Controller of Examinations for each term of three
years in such manner and on such terms and conditions as may be prescribed.
(5) The
Controller of Examinations shall be responsible for all matters connected with
the conduct of examinations and perform such other duties as may be prescribed.
(6) When
the office of the Controller of Examinations is vacant or the Controller of
Examinations is absent or unable to perform his functions owing to any cause,
the Chancellor shall make temporary arrangements for the performance of duties
of the Controller of Examinations but the period of such temporary arrangements
shall not exceed six months, and the Controller of Examinations shall be
appointed during that period.
20. Resident
Auditor.– (1) The Syndicate
shall appoint, on deputation, a Resident Auditor of the University from amongst
the panel recommended by the Government.
(2)
The University shall
request the Government to send a panel of three Government officers qualified
to be appointed as Resident Auditor of the University.
(3)
The Resident Auditor
shall hold office for each term of three years.
(4)
The Resident Auditor
shall perform such functions as may be prescribed or as the Syndicate may
assign.
21. Other appointments.– Subject to the provisions of this Act, the University
may appoint such other persons in its service as may be necessary on such terms
and conditions and in such manner as may be prescribed.
CHAPTER IV
AUTHORITIES OF THE UNIVERSITY
22. Authorities of the University.– (1) The following shall be the Authorities of the
University:
(a)
Syndicate;
(b)
Academic Council;
(c)
Boards of Faculties;
(d)
Boards of Studies;
(e)
Selection Board;
(f)
Board of Advanced
Studies, Research;
(g)
Finance and Planning
Committee;
(h)
Affiliation Committee;
(i)
Discipline Committee;
and
(j)
such other Authorities
as may be prescribed under the statutes.
(2) The
Syndicate may constitute Committees consisting of the members of the Syndicate
only, or it may create Committees consisting of members of the Syndicate or teachers
or Officers of the University or a combination of all or any of such persons.
23. Syndicate.– (1) The Syndicate
shall consist of:
(a)
Pro-Chancellor who
shall be its Chairperson;
(b)
Vice Chancellor;
(c)
Pro-Vice Chancellor;
(d)
three members of
Provincial Assembly of the Punjab including at least one woman member to be
nominated by the Speaker of the Assembly;
(e)
Secretary to the
Government, Higher Education Department or his nominee;
(f)
Secretary to the
Government, Finance Department or his nominee;
(g)
Secretary to the
Government, Law and Parliamentary Affairs Department or his nominee;
(h)
one principal of an
affiliated college to be nominated by the Chancellor;
(i)
Chairperson of the
Commission or his nominee not below the rank of a whole-time member of the Commission;
(j)
Chairperson of the
Punjab Higher Education Commission or his nominee not below the rank of a
whole-time member of the Commission;
(k)
one Vice Chancellor of
any university in the public sector in the Punjab to be nominated by the
Chancellor;
(l)
five persons of
eminence, including at least two women, to be nominated by the Chancellor; and
(m)
two Deans to be
nominated by the Chancellor.
(2)
The Registrar shall be
the Secretary of the Syndicate.
(3)
The members of the
Syndicate, other than ex-officio members shall be appointed for a period
of three years, but they shall serve 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.
(5)
The Pro-Chancellor may
nominate any member of the Syndicate to preside over a meeting of the Syndicate
in absence of the Pro-Chancellor.
(6)
The Syndicate shall
take decisions by majority of the votes of members present and voting and the
Registrar shall clearly reflect in the minutes of the meeting the dissent, if
any, along with the reasons of such dissent.
24. 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 Act and the statutes, take effective measures to raise the
standard of 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 this
Act, the Syndicate may:
(a)
hold, control and
administer the properties and funds of the University;
(b)
govern and regulate,
with due regard to the advice of the Finance and Planning Committee, the
finances, accounts and investments of the University and for that purpose, to
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 and 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 33 of the Punjab Trusts Act 2020, 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)
affiliate or
disaffiliate colleges and institutes;
(m)
admit educational
institutions to the privileges of the University and withdraw such privileges;
(n)
arrange for the
inspection of the academic departments;
(o)
institute
Professorships, Associate Professorships, Assistant Professorships,
Lectureships and other posts and to suspend or abolish such posts;
(p)
create, suspend or
abolish such administrative, technical, research, extension or other posts as
may be necessary;
(q)
appoint University
teachers and other officers on the recommendation of the Selection Board for
teaching and other managerial posts;
(r)
confer, with prior
approval of the Chancellor, an honorary degree on a person of eminence;
(s)
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;
(t)
appoint members to the
various Authorities, committees and bodies in the prescribed manner;
(u)
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;
(v)
regulate, determine and
administer, all other matters concerning the University and to this end
exercise all necessary powers not specifically mentioned in this Act and
statutes but not inconsistent with the provisions of this Act;
(w)
appoint Professor
Emeritus on such terms and conditions as may be prescribed;
(x)
suspend, punish and
remove from service in the prescribed manner officers, teachers and employees
whom it is empowered to appoint;
(y)
consider and approve
regulations recommended by the Academic Council;
(z)
approve statutes and
recommend the drafts of the statutes for approval of the Chancellor under para
(a) of sub-clause (1) of Clause 43, which pertain to terms and conditions of
service of the University employees; and
(aa)
perform such other
functions as may be assigned to it under this Act and the statutes.
(3) The
Syndicate may delegate any of its functions to an Authority or officer or a
committee or sub-committee except the following functions:
(a)
approval of statutes or
recommendation of the drafts of the statutes to the Chancellor;
(b)
approval of
regulations;
(c)
approval of annual
budget of the University, annual report, the annual and revised budget
estimates and re-appropriation of funds from one major head of expenditure to
another;
(d)
approval of investment
or purchase of immovable property by the University; and
(e)
transfer of immovable
property of the University.
25. Academic
Council.– (1) The Academic
Council shall consist of:
(a)
Vice Chancellor
(Chairperson);
(b)
Pro-Vice Chancellor;
(c)
Deans;
(d)
Director, of Advanced
Studies and Research;
(e)
two senior most
Professors, other than ex-officio members, from each academic department;
(f)
all Professors
Emeritus;
(g)
Chairpersons of the
academic departments;
(h)
four University
teachers, other than Professors, two from each category of Associate Professors
and Assistant Professors, to be appointed by the Syndicate;
(i)
three persons eminent
in sciences, social science and Arts, of whom one shall be from each category
and shall include at least one woman from any of the categories, to be
nominated by the Chancellor in consultation with the Vice-Chancellor;
(j)
Secretary to
Government, Higher Education Department or his nominee not below the rank of
Deputy Secretary;
(k)
Director Public
Instruction (Colleges) of the Government;
(l)
Librarian of the
University;
(m)
Controller of
Examinations;
(n)
five experts in the
field of education to be nominated by the Chancellor; and
(o)
Registrar
(Member/Secretary).
(2)
A member of the
Academic Council appointed by nomination shall hold office for a period of
three years.
(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.
26. 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 and affiliated colleges.
(2)
In particular and
without prejudice to the generality of the foregoing provision, the Academic
Council may:
(i)
advise the Syndicate on
academic matters;
(ii)
regulate teaching,
research and examinations;
(iii)
regulate the admission
of students to the courses of studies and examinations of the University and
affiliated colleges;
(iv)
regulate the award of
studentships, scholarships, medals and prizes;
(v)
regulate the conduct
and discipline of students of the University and affiliated colleges;
(vi)
propose to the
Syndicate schemes for the constitution and organization of faculties,
institutes and other academic bodies;
(vii)
propose regulations on
the recommendations of the Boards of Faculties and the Boards of Studies for
consideration and approval of the Syndicate;
(viii)
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; provided that, if the recommendations of a Board of Faculties
or the Board of Studies 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 years;
(ix)
recognize the
examinations of other Universities or examining bodies as equivalent to the
corresponding examinations of the University;
(x)
appoint members to the
Authorities in accordance with the provisions of this Act; and
(xi)
perform such other
functions as may be prescribed by the statutes or assigned by the Syndicate.
27. Board
of Faculty.– (1) There shall be a
Board of Faculty for each Faculty which shall consist of:
(a)
Dean of the Faculty
(Chairperson);
(b)
Professors and the
chairpersons in the Faculty;
(c)
two 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 appointed by the Syndicate; and
(e)
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 a
meeting of a Board of Faculty shall be one half of the total number of members,
a fraction being counted as one.
(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 a Board of Studies comprising a 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;
(c)
consider any other
academic matter relating to the Faculty and to submit its report to the
Academic Council;
(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.
28. Dean.– (1) There shall be a Dean of each Faculty and the Dean
shall be the Chairperson and Convener of the Board of Faculty.
(2) The
Chancellor shall appoint the Dean of a Faculty from amongst the three senior
most Professors in the Faculty for a period of three years and he shall be
eligible for re-appointment: provided that if no Professor is available in a
Faculty, a Professor from some other Faculty may act as Dean till a Professor
of the Faculty itself is appointed.
(3) The Dean
shall present candidates for admission to degrees, except an honorary degree,
in the courses falling within the purview of the Faculty.
(4) The
Dean shall exercise such administrative and academic powers as may be delegated
to him.
29. Teaching
Departments and Chairpersons.– (1) There shall be a
teaching department or an institute for each subject or a group of subjects, as
may be prescribed by the regulations and each teaching department or an
institute shall be headed by the Chairperson.
(2) The
Chairperson of a teaching department or an institute shall be appointed by the
Syndicate on the recommendation of the Vice-Chancellor from amongst the three
senior most Professors of the department or, as the case may be, the institute,
for a period of three years and shall be eligible for re-appointment but if, in
a Department or institute, three Professors are not available, the appointment
shall be made from amongst the three senior most Professors and Associate
Professors of the department or institute:
provided that in a department or an institute, where
there is no Professor or Associate Professor, no such appointment shall be made
and the department or institute shall be looked after by the Dean of the
Faculty with the assistance of the senior most teacher of the department or
institute.
(3) The
Chairperson shall plan, organize and supervise the work of the department or
institute and shall be responsible to the Dean for the work of his department
or institute.
30. Board
of Advanced Studies and Research.– (1) The Board of
Advanced Studies and Research shall consist of:
(a)
Vice Chancellor
(Chairperson);
(b)
all the Deans;
(c)
Controller of
Examinations;
(d)
one University
Professor from each faculty to be nominated by the Syndicate;
(e)
one member to be
nominated by the Vice Chancellor;
(f)
three members,
including at least one woman, from the relevant field, research organizations
and Government, 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
half of the total number of members, a fraction being counted as one.
31. 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;
(c)
propose regulations
regarding the award of a research degree;
(d)
appoint supervisors for
a postgraduate research student and to approve title and synopsis of a thesis
or dissertation;
(e)
recommend panels of
names of examiners for evaluation of a research examination; and
(f)
perform such other
functions as may be prescribed by the statutes.
32. 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) A Board
of Studies shall consist of:
(a) all
the teachers of the department concerned;
(b) experts
or teachers, not less than three but not more than five, other than University
teachers, to be determined and appointed by the Syndicate according to the need
of each Board; and
(c) not
more than five teachers of the affiliated colleges teaching graduate and
post-graduate courses in that subject to be nominated by the Academic Council.
(3) The term
of office of members of a 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 the number of members, a fraction being counted as one.
(5) The Chairperson of the concerned department or
institute shall be the Chairperson of the Board of Studies.
33. Functions
of Board of Studies.– A Board of Studies
shall:
(a) advise
the Authorities on all academic matters connected with instruction,
publication, 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; and
(d) perform
such other functions as may be prescribed by the regulations.
34. Selection
Board.– (1) The Selection
Board shall consist of:
(a)
Vice Chancellor
(Chairperson);
(b)
Representative of the
Higher Education Department not below the rank of Deputy Secretary;
(c)
Dean of the faculty
concerned;
(d)
Chairperson concerned;
(e)
one member of the
Syndicate to be nominated by the Syndicate;
(f)
one eminent scholar to
be nominated by the Syndicate;
(g)
two experts to be
nominated by the Government; and
(h)
Registrar (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)
No member who is a
candidate or whose family member is a candidate, for a post to which appointment
is to be made, shall take part in the proceedings of the Selection Board for
selection of a candidate on such post.
(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.
35. Functions
of the Selection Board.– The Selection Board
shall:
(a)
consider the
applications and recommend to the Syndicate, the names of suitable candidates
for appointment to teaching and other posts and recommend suitable salary for
the selected candidates; and
(b)
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.
36. Finance
and Planning Committee.– (1) The Finance and
Planning Committee shall consist of:
(a)
Vice Chancellor
(Chairperson);
(b)
all the Deans;
(c)
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)
one representative each
from Higher Education Department and Finance Department of the Government not
below the rank of a Deputy Secretary;
(f)
Director Planning or
any other nominee of the Commission;
(g)
Registrar; and
(h)
Treasurer (Secretary).
(2)
The term of office of
the nominated members shall be three years.
(3)
Six members of the
Finance and Planning Committee shall constitute the quorum for a meeting of the
Finance and Planning Committee.
37. Functions
of the 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)
review periodically the
financial position of the University;
(c)
advise the Syndicate on
all matters relating to finance, investments and accounts of the University;
and
(d)
perform such other
functions as may be prescribed by the statutes.
38. Affiliation Committee.– (1) The Affiliation
Committee shall consist of:
(a) the
Chairperson to be nominated by the Syndicate;
(b) two
Professors to be nominated by the Academic Council;
(c) two
teachers to be nominated by the Syndicate; and
(d) a
representative of the Higher Education Department not below the rank of Deputy
Secretary.
(2) The term of office of the members of the
Committee, other than ex officio members, shall be two years.
(3) The Affiliation Committee may co-opt not
more than three experts who shall be counted for the quorum or an inspection by
the Affiliation Committee.
(4) The quorum for a meeting of, or an inspection
by, the Affiliation Committee shall be three.
(5) The Deputy Registrar dealing with the
affiliation cases, or such other person as may be designated by the
Vice-Chancellor for this purpose, shall act as Secretary of the Committee.
39. Functions
of the Affiliation Committee.– The Affiliation Committee shall:
(a) inspect
the educational institution seeking affiliation with, or admission to, the
privileges of the University and to advise the Syndicate thereon;
(b) inquire
into complaints alleging breach of conditions of affiliation by the affiliated
colleges and to advise the Syndicate thereon; and
(c) perform
such other functions as may be prescribed by the regulations.
40. Discipline
Committee.– (1) The Discipline Committee shall consist of:
(a) the
Chairperson to be nominated by the Vice-Chancellor;
(b) two
Professors to be nominated by the Academic Council;
(c) two
Professors to be nominated by the Syndicate; and
(d) the
teacher or officer-in-charge of students’ affairs, by whatever name called
(member/Secretary).
(2) The
term of office of the members of the Committee, other than ex officio members,
shall be two years.
(3) The
quorum for a meeting of Discipline Committee shall be four members.
41. Functions
of the Discipline Committee.– The Discipline Committee shall:
(a) propose
regulations to the Academic Council relating to the conduct of University students, maintenance of discipline and breach of
discipline; and
(b) perform
such other functions as may be prescribed by statutes.
42. Appointment
of Committees by Authorities.– Any Authority may
constitute such standing, special or advisory committees as it may deem fit,
and may appoint on such committees such persons as are not the members of such
Authority.
CHAPTER V
STATUTES, REGULATIONS AND RULES
43. Statutes.– (1) Subject to the provisions of this Act, the
Syndicate may make statutes to provide or 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;
(c)
constitution, powers
and duties of the Authorities and conduct of elections to such Authorities and
related matters;
(d)
affiliation and
disaffiliation of colleges, institutes, etc. and related matters;
(e)
admission of
educational institutions to the privileges of the University and the withdrawal
of such privileges;
(f)
establishment of
institutes, faculties, colleges, departments and academic divisions;
(g)
powers and duties of officers,
teachers and employees of the University;
(h)
conditions for
appointment of Professors Emeritus;
(i)
conditions on which the
University may enter into arrangements with public bodies or other
organizations for purposes of research and advisory services;
(j)
general scheme of
studies including the duration of courses, the system of examinations and the
number of subjects and papers for examinations;
(k)
award of honorary
degrees;
(l)
maintenance of register
of students and registered graduates;
(m)
conduct of elections
for membership of Authorities of the University and related matters; and
(n)
all other matters which
are to be prescribed or regulated by the statutes.
(2) The
Syndicate shall propose the draft of statutes under clause (a) of subsection
(1) to the Chancellor who may approve it with or without any modification or
may refer it back to the Syndicate for reconsideration or may reject it:
provided that:
(a) the
statutes affecting the constitution or powers of any Authority shall not be
proposed or approved until such Authority has been given an opportunity of
expressing its opinion in writing on the proposal; and
(b) the
statutes under clause (a) of subsection (1) shall not be effective until they
have been approved by the Chancellor.
44. Regulations.– (1) Subject to the
provisions of this Act and the statutes, regulations may be framed for any of
the following matters:
(a)
courses of study for
degrees, diplomas and certificates of the University;
(b)
manner in which the
recognized teaching referred to in subsection (1) of section 4 shall be
organized and conducted;
(c)
admission of students
to the University;
(d)
conditions under which
students shall be admitted to the courses and examinations 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
examinations of the University;
(g)
conduct and discipline
of students;
(h)
conditions of residence
of the students including the levying of fee for residence in halls of
residence and hostels;
(i)
approval and licensing
of hostels and lodgings;
(j)
conditions under which
a person should conduct research to entitle him to a degree;
(k)
institution of
fellowships, scholarships, exhibitions, medals and prizes;
(l)
institution of stipends
and free and half-free studentship;
(m)
academic costumes;
(n)
use of the library; and
(o)
establishment of
academic departments.
(2)
The Academic Council
shall prepare and submit the regulations to the Syndicate and the Syndicate may
approve them with or without modifications or refer them back to the Academic
Council for reconsideration or reject them:
provided that after commencement of this Act and prior
to the constitution of the Academic Council under this Act, the Syndicate may
grant approval for adoption of regulations of any public sector University in
the Punjab on any of the matters enumerated under subsection (1) of section 44.
45. Rules.– (1) An Authority or a body of the University may make
rules consistent with this 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
UNIVERSITY FUND
46. University
Fund.– (1) 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.
(2)
The University may
accept donations in the shape of land, vehicles, equipment or any other items
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.
47. Budget,
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 University Fund unless a bill for payment has in the prescribed
manner, been audited by the Resident Auditor in conformity with the statutes,
regulations and rules.
(3)
The accounts of the
University shall be audited in the prescribed manner once in a year by an
auditor appointed by the Government in this behalf.
(4)
The Syndicate may
delegate the power of appropriation or re-appropriation of funds to an officer
of the University.
(5)
The annual statement of
accounts of the University signed by the Treasurer and the Resident Auditor
shall be submitted to the Government within six months of the closing of the
financial year.
(6)
The accounts of the
University together with audit objections, if any, and the observations of the
Resident Auditor and the Treasurer shall, in the prescribed manner, be
presented to the Syndicate with the remarks of the Finance and Planning
Committee.
CHAPTER VII
MISCELLANEOUS
48. Appeal.– (1) Subject to
subsection (2) and subsection (3), where an order is made punishing any
officer, other than the Vice-Chancellor, teacher or other employee of the
University, or altering or interpreting to his disadvantage the prescribed
terms and 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 to appeal to the Syndicate, against such order, and where the order is
made by the Syndicate, have the right to appeal to the Chancellor for review of
that order, within thirty days of the receipt of the order.
(2) An appeal
to the Chancellor under subsection (1) shall be submitted to the
Vice-Chancellor and he shall present it to the Chancellor with his comments.
(3) An
order under this section shall not be passed unless the person to be affected
thereby is afforded an opportunity of being heard.
49. Tripartite
mobility.– (1) Any officer,
teacher of the Government or employee of the University, on the recommendation
of the Syndicate, may be directed to serve in any post in the University under
the Government or in an educational research institution.
(2)
The Chief Minister may,
in consultation with the Selection Board, place the services of an employee of
the Government or of any other university or of an educational or research
institution at the disposal of the University in the public interest.
(3)
The terms and
conditions offered to a person appointed under this section shall not be less
favorable than those enjoyed by him immediately before his services are placed
at the disposal of the University, Government or any other institution and full
benefit of his previous service shall continue to remain in force until altered
in accordance with law.
50. Transition.– A Chancellor’s
Committee shall be constituted by the Chancellor on the recommendations of the
Government to exercise the powers assigned to the Syndicate under this Act till
such time the Syndicate is constituted in accordance with the provisions of this
Act.
51. Removal
of difficulties.– If any difficulty
arises in giving effect to any of the provisions of this Act, the Government
may give such directions, not inconsistent with this Act, as it may consider
necessary for the removal of such difficulty.
52. 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 this Act.
[1]This Act was passed by the Punjab Assembly on
15 December 2021; assented to by the Governor of the Punjab on 24 December 2021;
and was published in the Punjab Gazette (Extraordinary), dated 24 December 2021; pages 3157-74.