THE [BAHA-UD-DIN ZAKARIYA] UNIVERSITY ACT, 1975

THE BAHA-UD-DIN ZAKARIYA UNIVERSITY ACT, 1975

(Pb. Act III of 1975)

C O N T E N T S

Sections

	CHAPTER I PRELIMINARY
1.	Short title and commencement.
2.	Definitions.
	CHAPTER II THE UNIVERSITY
3.	Incorporation.
4.	Powers of the University.
5.	Jurisdiction of the University.
6.	University open to all classes, creeds, etc.
7.	Integration of educational institutions with University and transfer of institutions from University to Government.
8.	Teaching in the University.
9.	University Students Union.
	CHAPTER III OFFICERS OF THE UNIVERSITY
10.	Officers of the University.
11.	Chancellor.
11-A.	Revisional Powers of the Chancellor.
12.	Visitation.
13.	Pro-Chancellor.
14.	Vice-Chancellor.
15.	Pro-Vice-Chancellor.
16.	Powers and duties of the Vice-Chancellor.
17.	Registrar.
18.	Treasurer.
19.	Controller of Examinations.
20.	Auditor.
21.	Other officers.
	CHAPTER IV AUTHORITIES
22.	Authorities.
23.	The Senate.
24.	Powers and duties of the Senate.
25.	The Syndicate.
26.	Powers and duties of the Syndicate.
27.	The Academic Council.
28.	Powers and duties of the Academic Council.
29.	Constitution, functions and powers of other Authorities.
30.	Appointment of committees by certain Authorities.
	CHAPTER V STATUTES, REGULATIONS AND RULES
31.	Statutes.
32.	Regulations.
33.	Amendment and repeal of Statutes and Regulations.
34.	Rules.
	CHAPTER VI AFFILIATION OF EDUCATIONAL INSTITUTIONS TO THE UNIVERSITY
35.	Affiliation.
36.	Addition of courses by affiliated educational institutions.
37.	Reports from affiliated educational institutions.
38.	Withdrawal of affiliation.
39.	Appeal against refusal or withdrawal of affiliation.
	CHAPTER VII UNIVERSITY FUND
40.	University funds.
40-A.	Recovery of University dues.
41.	Audit and accounts.
	CHAPTER VIII GENERAL PROVISIONS
42.	Retirement from service.
43.	Appeal to and review by the Syndicate.
44.	Pension, insurance, gratuity, provident fund, and benevolent fund.
44-A.	Transfer and postings.
45.	Commencement of term of members of Authorities.
46.	Filling of casual vacancies in Authorities.
47.	Disputes about membership of Authorities.
48.	Proceedings of Authorities not invalidated by vacancies.
49.	First Statutes.
50.	Removal of difficulties at the commencement of the Act.
51.	Transitional provisions.
52.	Saving.
	SCHEDULE THE FIRST STATUTE OF THE BAHA-UD-DIN ZAKARIYA UNIVERSITY
1.	Faculties.
2.	Dean.
3.	Teaching Departments and Chairmen.
4.	Board of Studies.
5.	Advanced Studies and Research Board.
6.	Selection Board.
7.	Functions of the Selection Board.
8.	Finance and Planning Committee.
9.	Functions of the Finance and Planning Committee.
10.	Affiliation Committee.
11.	Discipline Committee.

^{^[1]}THE ^{^[2]}[BAHA-UD-DIN ZAKARIYA] UNIVERSITY ACT, 1975

(Pb. Act III of 1975)

[4 March 1975]

An Act to establish a University at Multan for the purposes of improving the teaching and research facilities in the region

Preamble.— WHEREAS it is expedient to establish a University at Multan for the purpose of improving the teaching and research facilities in this region;

It is hereby enacted as follows:-

CHAPTER I

PRELIMINARY

1. Short title and commencement.— (1) This Act may be called the ^{^[3]}[Baha-ud-Din Zakariya] University Act, 1975.

(2) It shall come into force at once.

2. Definitions.— In this Act, unless the context otherwise requires the following expressions shall have the meanings hereby respectively assigned to them, that is to say—

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

(ii) “Affiliated College” means an educational institution affilia-ted to the University but not maintained or administered by it;

(iii) “Authority” means any of the Authorities of the University specified in section 21;

(iv) “Chairman of Department” means head of Teaching Department;

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

(vi) “College” means a constituent college or an affiliated college;

(vii) “Constituent college” means a college maintained and administered by the University;

(viii) “Dean” means the Chairman of the Board of a Faculty;

(ix) “Educational institution” means an institution imparting instruction in a subject or subjects relating to a Faculty;

(x) “Faculty” means a Faculty of the University;

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

(xii) “Prescribed” means prescribed by Rules, Statutes or Regulations;

(xiii) “Principal” means the head of a college;

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

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

(xvi) “Professional college” means a college providing for instruction in courses of studies leading to a degree in Medicines, Engineering, Commerce, Education, Law, Fine Arts or such other subjects as may be prescribed as professional subjects;

(xvii) “Professor Emeritus” means a retired Professor working in a Faculty in an honorary capacity;

(xviii) “Registered graduate” means—

(a) a graduate of the University who has his name entered in the register maintained for the purpose; or

(b) a graduate of any University who ordinarily resides within the territorial jurisdiction of the University and has his name entered in the register maintained by the University for the purpose;

(xix) “Research Officer” means a person engaged whole-time by the University for research, being equivalent in rank to a University teacher;

(xx) “Senate” means the Senate of the University;

(xxi) “Statutes”, “Regulations” and “Rules” means respectively the Statutes, the Regulations and the Rules made or deemed to have been made under this Act;

(xxii) “Syndicate” means syndicate of the University;

(xxiii) “Teacher” means Professors, Associate Professors, Assistant Professors and Lecturers engaged whole-time by the University or by a college for teaching degree, honours or post-graduate classes and such other persons as may be declared as teachers by Regulations;

(xxiv) “Teaching Department” means a Teaching Department maintained and administered by the University or recognized by the University;

(xxv) “University” means ^{^[4]}[the Baha-ud-Din Zakariya University] as constituted under this Act;

(xxvi) “University teacher” means a whole-time teacher appointed by the University and recognised by the University; and

(xxvii) “Vice-Chancellor” means the Vice-Chancellor of the University.

CHAPTER II

THE UNIVERSITY

3. Incorporation.— (1) The ^{^[5]}[Baha-ud-Din Zakariya University] shall be established at Multan in accordance with the provisions of this Act.

(2) The University shall consist of the Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor and Members of the Senate, the Syndicate and the Academic Council.

(3) The University shall be a body corporate by the name of the ^{^[6]}[Baha-ud-Din Zakariya University] and shall have perpetual succession and a common seal and may sue and be sued by the said name.

(4) The University shall be competent to acquire and hold property both movable and immovable property which vests in or has been acquired by it.

4. Powers of the University.— The University shall have the powers—

(a) to provide for instruction in such branches of learning as it may deem fit, and to make provision for research and for the advancement and dissemination of knowledge in such manner as it may determine;

(b) to prescribe courses of studies to be conducted by it and the colleges;

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

(d) to confer honorary degrees or other distinctions on approved persons in the prescribed manner as it may determine, and to grant certificates and diplomas to such persons;

(e) to provide for such instruction for persons not being students of the University as it may determine, and to grant certificates and diplomas to such persons;

(f) to confer degrees on persons, who have carried on independent research under prescribed conditions;

(g) to affiliate and disaffiliate educational institutions under prescribed conditions;

(h) to admit educational institutions to its privileges and to withdraw such privileges under prescribed conditions;

(i) to inspect colleges and other educational institutions associated or seeking association with it;

(j) to accept the examinations passed and the periods of study spent by students at other Universities and places of learning as equivalent to such examinations and periods of study in the University as it may determine, and to withdraw such acceptance;

(k) to co-operate with other Universities and public authorities in such manner, and for such purposes as it may determine;

(l) to institute Professorships, Associate Professorships, Assistant Professorships and Lecturerships and any other posts and to appoint persons thereto;

(m) to create posts for research, publication, extension, adminis-tration and other related purposes and to appoint persons thereto;

(n) to recognize selected members of the teaching staff of affiliated colleges and colleges or educational institutions admitted to the privileges of the University or such other persons as it may deem fit, as University teachers;

(o) to institute and award fellowships, scholarships, exhibitions, bursaries, medals and prizes under prescribed conditions;

(p) to establish Teaching Departments, Schools, Colleges, Faculties, Institutes, Centres of Excellence and Area Study Centres, Museums and other Centres of Learning for the development of teaching and research and to make such arrangements for their maintenance, management and administration as it may determine;

(q) to control the residence of the students of the University and the colleges, to institute and maintain halls of residence and to approve or licence hostels and lodgings;

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

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

(t) to make provisions for research and advisory services and with these objects to enter into arrangements with other institutions or with public bodies under prescribed conditions;

(u) to enter into, carry out, vary or cancel contracts;

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

(w) to provide for the printing and publication of research and other works; and

(x) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further objects of the University as a place of education, learning and research.

5. Jurisdiction of the University.— ^{^[7]}[(1) The University shall exercise the powers conferred on it by or under this Act within the territorial limits of ^{^[8]}[Multan and D.G. Khan Divisions and, at such time as may be notified by Government, the Okara District of Lahore Division] soon after this Act comes into force:

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

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

(3) The University may admit to its privileges under prescribed conditions, an educational institution falling within the territorial limits of another University, whether inside or outside Pakistan; provided that the consent of such other University and the sanction of Government is first obtained.

6. University open to all classes, creeds, etc.— The University shall be open to all persons of either sex and of whatever religion, race, creed, class or colour and no person shall be denied the privileges of the University on the ground of sex, religion, race, caste, creed, class or colour:

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

7. Integration of educational institutions with University and transfer of institutions from University to Government.— (1) Notwithstanding anything to the contrary contained in any other law, notification, contract, agreement or instrument, Government may, by notification in the official Gazette, integrate with the University any educational institutions situated anywhere ^{^[9]}[in Multan Division] or transfer any institute, institution or Department of the University to Government.

(2) On the publication of a notification under sub-section (1)—

(a) all rights, properties, assets, and liabilities vested in or undertaken by Government or the University in respect of such educational institution, institute, institution or Department shall respectively become the rights, properties, assets and liabilities of the University or the Government, as the case may be; and

(b) all persons serving in connection with the affairs of such educational institution, institute, institution or Department in any capacity shall stand transferred for service under the University or Government, as the case may be, on such terms and conditions as Government may determine:

Provided that such terms and conditions shall not be less favourable than those admissible to them immediately before their transfer to the University or Government.

(3) Any question arising under the proviso to sub-section (2) shall be referred to Government and the decision of Government on such question shall be final.

8. Teaching in the University.— (1) All recognised teaching in various courses shall be conducted by the University or the colleges in the prescribed manner and may include lectures, tutorials, discussions, seminars, demonstrations as well as practical work in the laboratories, hospitals, workshops and farms and other methods of instruction.

(2) The authority responsible for organising recognised teaching shall be such as may be prescribed.

(3) The courses and the curriculum shall be such as may be prescribed.

^{^[10]}[(4) A subject to be called “Islamic and Pakistan Studies” shall be taught as a compulsory subject at the Bachelor’s Degree level in all faculties:

Provided that non-Muslim students may opt for “Ethics and Pakistan Studies” in place of “Islamic and Pakistan Studies”.

(5) A degree shall not be awarded to a student unless he has passed the examination in the subject mentioned in sub-sections (4).

(6) The provisions of sub-sections (4) and (5) shall take effect from such date as may be fixed by the Vice-Chancellor].

9. University Students Union.— (1) There shall be a Union of the students of the University which shall be represented on the Senate or the Syndicate by the representatives mentioned in clause (xv) of section 23 and in clause (xi) section 25.

(2) The constitution, functions and privileges of the University Students’ Union and other matters relating thereto shall be such as may be prescribed by Statutes, at the initiation of general body of the students of the University.

CHAPTER III

OFFICERS OF THE UNIVERSITY

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

(i) the Chancellor;

(ii) the Pro-Chancellor;

(iii) the Vice-Chancellor;

(iv) the Pro-Vice-Chancellor;

(v) the Deans;

(vi) the Directors;

(vii) the Principals of the constituent colleges;

(viii) the Chairman;

(ix) the Registrar;

(x) the Treasurer;

(xi) the Controller of Examinations;

(xii) the Librarian; and

(xiii) such other persons as may be prescribed.

11. Chancellor.— (1) The Governor of the Punjab shall be the Chancellor of the University.

(2) The Chancellor or his nominee shall preside at the convocation of the University and the meetings of Senate.

(3) If the Chancellor is satisfied that the proceedings of an Authority are not in accordance with the provisions of this Act, the Statutes, the Regulations or the Rules, he may, after calling upon such Authority to show cause why such proceedings should not be annulled, by order in writing, annul the proceedings.

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

(5) The Chancellor shall have the power to assent to such Statutes as are required to be submitted to him by the Senate or, withhold assent or refer them back to the Senate for reconsideration.

(6) The Chancellor may remove any person from the membership of any Authority if such person—

(i) has become of unsound mind; or

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

(iii) has been convicted by a court of law of an offence involving moral turpitude; or

^{^[11]}[(iv) has failed to attend three consecutive meetings of the Authority; or

(v) has accepted any assignment which involves his absence from the University for a continuous period of six months or more]:

^{^[12]}[Provided that no order under this sub-section shall be passed unless the person to be affected thereby is afforded an opportunity of being heard].

(7) ^{^[13]}[* * * * * * * * * * * *]

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

^{^[14]}[11-A. Revisional Powers of the Chancellor.— The Chancellor may, of 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 the purpose 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]:

^{^[15]}[Provided that no order under this sub-section shall be passed unless the person to be affected thereby is afforded an opportunity of being heard].

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

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

(ii) any institution, college or hostel maintained or recognised by, or affiliated to the University;

(iii) the teaching and other work conducted by the University; and

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

The Chancellor shall, in every such case, give notice to the Syndicate of his intention to cause an inspection or inquiry to be made, and the Syndicate shall be entitled to be represented thereat.

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

(3) The Syndicate shall communicate to the Chancellor such action, if any, as has been taken or may be proposed to be taken upon the results of the inspection or inquiry. Such communication shall be submitted to the Chancellor within such time as may be specified by the Chancellor.

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

13. Pro-Chancellor.— (1) The Minister for Education, Government of the Punjab shall be the Pro-Chancellor of the University.

(2) The Pro-Chancellor shall perform such duties and functions and exercise such powers as may be assigned and delegated to him by the Chancellor.

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

(2) At any time when the office of the Vice-Chancellor is vacant, or the Vice-Chancellor is absent or is unable to perform the functions of his office due to illness or some other cause the Pro-Vice-Chancellor shall perform the duties of the Vice-Chancellor.

^{^[16]}[15. Pro-Vice-Chancellor.— (1) The Chancellor may, if considered expedient, appoint a Pro-Vice-Chancellor from amongst the Professors of the University in consultation with the Vice-Chancellor.

(2) The Pro-Vice-Chancellor shall hold office during the pleasure of the Chancellor for a term not exceeding four years.

(3) The Pro-Vice-Chancellor shall be paid such special pay as the Chancellor may determine.

(4) In addition to his duties as Professor, the Pro-Vice-Chancellor shall be assigned such administrative duties as may be determined by the Vice-Chancellor in consultation with the Syndicate].

16. Powers and duties of the Vice-Chancellor.— (1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall ensure that the provisions of this Act, the Statutes, the Regulations and the Rules are faithfully observed in order to promote teaching, research, publication, administration and the general efficiency and good order of the University. He shall have all powers necessary for this purpose including administrative control over all the officers, teachers and other employees of the University.

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

^{^[17]}[(3) The Vice-Chancellor may, in an emergency which in his opinion requires immediate action, take such action as he may consider necessary but he shall, as soon thereafter as possible, report his action, for approval, to the officer, Authority or other body that in the ordinary course of business would have dealt with the same].

(4) The Vice-Chancellor shall have the powers—

(i) to create and fill temporarily posts for a period not exceeding six months;

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

(iii) to sanction by re-appropriation an amount not exceeding Rs. 5,000 for an unforeseen item not provided for in the budget and report it to the Syndicate at the next meeting;

(iv) to appoint paper setters and examiners for all examinations of the University after receiving panels of names from the relevant Authorities;

(v) to make such arrangements for the scrutiny of papers, marks and results as he may consider necessary;

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

(vii) to delegate, subject to such condition if any, as may be prescribed, any of his powers under this Act to an officer or officers of the University;

(viii) to exercise and perform such other powers and functions as may be prescribed; and

(ix) to appoint employees below the initial pay of Rs. 500.

17. Registrar.— The Registrar shall be a whole-time officer of the University and shall be appointed by the Syndicate on such terms and conditions as may be determined by it.

He shall—

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

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

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

18. Treasurer.— The Treasurer shall be a whole-time officer of the University and shall be appointed by the Chancellor on such terms and conditions as the Chancellor may determine.

He shall—

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

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

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

19. Controller of Examinations.— The Controller of Examinations shall be a whole-time officer of the University, and shall be appointed by the Syndicate on such terms and conditions as may be determined by it. He shall be responsible for all matters connected with the conduct of examinations and perform such other duties as may be prescribed.

20. Auditor.— The Resident Auditor shall be taken from Government on deputation.

21. Other officers.— Subject to the provisions of this Act, the terms and conditions of service and the powers and duties of other officers of the University, shall be such as may be prescribed, provided that the Chancellor may, on the recommendation of the concerned appointing authority, relax the qualifications on the ground of outstanding scholarship and contribution to learning for appointment to the post of an officer.

CHAPTER IV

AUTHORITIES

22. Authorities.— The following shall be the Authorities of the University:-

(i) the Senate;

(ii) the Syndicate;

(iii) the Academic Council;

(iv) the Board of Faculties;

(v) the Board of Studies;

(vi) the Selection Board;

(vii) the Advanced Studies and Research Board;

(viii) the Finance and Planning Committee;

(ix) the Affiliation Committee;

(x) the Discipline Committee; and

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

23. The Senate.— (1) The Senate shall consist of—

(i) the Chancellor;

(ii) the Pro-Chancellor;

(iii) the Vice-Chancellor;

(iv) the Pro-Vice-Chancellor;

(v) the Members of the Syndicate;

(vi) the Deans;

(vii) the Directors of Institutes;

(viii) the Principals of the Constituent Colleges;

(ix) the University Professors and Professors Emeritus;

(x) the Chairmen of the Teaching Departments;

(xi) the officer or teacher Incharge of students’ affairs (by whatever designation called);

(xii) the University teachers, having at least three years service subject to the maximum of 15 to be elected by the University teachers from amongst themselves;

(xiii) six Principals of Affiliated Colleges to be elected by the Principals of all such colleges from amongst themselves;

^{^[18]}[(xiii-a) not more than ten teachers from Affiliated Colleges having at least three years service to be elected from amongst themselves];

(xiv) the Chairman of the Board of Intermediate and Secondary Education in the territorial jurisdiction of the University and the Chairman, Board of Technical Education;

(xv) two students’ representatives of the University Union and two representatives of the Unions of the Affiliated Colleges to be elected by the Presidents of the Students’ Unions of those colleges;

(xvi) five registered graduates to be elected by all such graduates from amongst themselves;

(xvii) five persons eminent in the arts, the sciences and the professions, to be nominated by the Chancellor;

(xviii) the Registrar;

(xix) the Treasurer;

(xx) the Controller of Examinations;

(xxi) the Librarian;

^{^[19]}[(xxii) members of the Provincial Assembly of the Punjab to be elected in the following manner:-

(a) one member from each Division excluding Multan Division to be elected by the Members of the Provincial Assembly from that Division; and

(b) one member from each District of the Multan Division to be elected by the Members of the Provincial Assembly from that Division; and]

^{^[20]}[(xxiii) the Divisional Director of Education and Director of Technical Education, within the territori