THE
(Pb. Act XIV of 2004)
C O N T E N T S
Sections
1. Short title and commencement.
2. Definitions.
3. Establishment of the University.
4. Functions and powers of the University.
5. Jurisdiction.
6. Patron.
7. Inspection and inquiry.
8. Rector.
9. Appointments.
10. University fund.
11. Budget, audit and accounts.
12. Authorities of the University.
13. Board of Governors.
14. Powers and duties of the Board.
15. Business of the Board.
16. Delegation of powers.
17. Academic Council.
18. Powers and duties of Academic Council.
19. Statutes.
20. First Statutes.
21. Regulations.
22. Removal of difficulties.
Schedule
[1]THE
(Pb. Act XIV of 2004)
[
An Act to provide for the establishment of
the
Preamble. Whereas it is expedient to provide for the
establishment of the GIFT University, Gujranwala in the private sector and
matters connected therewith and ancillary thereto;
It is hereby enacted as
follows:-
1. Short
title and commencement.
(1) This Act may be called the
(2) It
shall come into force at once.
2. Definitions. In
this Act, unless there is anything repugnant in the subject or context
(a) Academic Council means the Academic Council
of the University;
(b) Authority means any of the Authorities of
the University specified in section 12;
(c) Board means the Board of Governors;
(d) Chairperson of Department means the Head of
a teaching department;
(e) Company means the GIFT Educational (Private)
Limited registered under the Companies Ordinance, 1984 (XLVII of 1984);
(f) Dean means the Chairman of the Board of a
Faculty;
(g) Faculty means a faculty of the University;
(h) Government means the Government of the
(i) Patron means the Patron of the University;
(j) Rector means the Rector of the University;
(k) Registrar means the Registrar of the
University;
(l) Statutes, Regulations and Rules mean
respectively the Statutes, the Regulations and the Rules made or deemed to have
been made under this Act; and
(m) University means the
3. Establishment
of the University. (1) There shall be established a University to be called the
(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 said
name, sue and be sued.
4. Functions
and powers of the University. The functions and powers of the University shall be
(a) to
provide for instruction and training in
(i) Computer
Sciences, Business & Commerce, Management Sciences, Arts and Social
Sciences, Accounting and Finance, Fine Arts, Design and Architecture; and
(ii) such other branches
of learning as the Board may determine with the approval of the Patron given on
the recommendation of a committee constituted by the Education Department:
Provided
that in case of medical and engineering education, approval of the Pakistan
Medical & Dental Council and Pakistan Engineering Council respectively
shall be a pre-requisite;
(b) to provide for
research, demonstration and other services, and for the advancement and
dissemination of knowledge;
(c) to hold examinations
in a manner as may be determined by the Government and confer on or award
degrees, diplomas, certificates and other academic distinctions to persons who
have passed its examinations;
(d) to select and promote
Faculties;
(e) to prescribe courses
of studies;
(f) to establish and
support other facilities for education, training and research; and
(g) to decide teaching
methods and strategies in order to ensure the most effective educational and
training programs.
5. Jurisdiction. (1) The jurisdiction of the University shall be
restricted to the Province of the
(2) The
University shall not open any sub-campus or affiliate any other educational institution
for a period of ten years from the commencement of this Act after which period
it may have sub-campuses with the approval of the Patron.
6. Patron. (1) The Governor of the
(2) The
Patron or his nominee shall preside at the convocations of the University.
(3) Every
proposal to confer an honorary degree shall be subject to confirmation by the
Patron.
(4) The
Patron shall have the power to assent to the Statutes submitted to him by the
Board or refer them back to the Board for reconsideration.
7. Inspection
and inquiry. (1) The Patron may cause an
inspection or inquiry to be made in respect of any matter connected with the
affairs of the University.
(2) The
Patron shall communicate to the Board his views with regard to the result of
the inspection or inquiry and shall, after ascertaining the views of the Board,
advise the Board on the action to be taken by it.
(3) The
Board shall, within such time as may be specified by the Patron, communicate to
him such action as has been taken as a result of the inspection or inquiry.
(4) Where
the Board does not, within the time specified, take action to the satisfaction
of the Patron, the Patron may issue such directions as he thinks fit and the
Board shall comply with all such directions.
(5) The Patron may, on the recommendation of a committee constituted by him and comprising a nominee of the Board, a Judge of the Lahore High Court to be nominated by the Chief Justice of the said Court and a Professor Emeritus or Vice Chancellor, take appropriate action against the University by appointing an administrator who shall exercise the powers of the Board to run the affairs of the University till such time as may be specified:
Provided that no action under sub-section (5) shall be taken unless the Chairman of the Board is afforded an opportunity of being heard.
(6) The Government may
make Rules to give effect to the provisions of sub-section (5).
(7) The
Patron shall have the authority to annul any decision or action of the Board,
which he thinks was taken against the interest of academic excellence,
religious and cultural ideology and national integrity.
8. Rector. (1) The Rector shall be appointed by the Government who
shall be an eminent scholar of national repute, on such terms and conditions as
may be determined on the recommendations of the Board.
(2) The
Rector shall perform such functions as are assigned to him by the Board.
9. Appointments. The University may appoint such persons in its
services as may be necessary on such terms and conditions as may be determined
by the Board.
10. University
fund. There shall be a fund to be known as the
11. Budget, audit and accounts. 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 Board.
12. Authorities of the University. The following shall
be the Authorities of the University:-
(a) the Board of Governors;
(b) the Academic Council;
(c) the Boards of Faculties;
(d) the Board of Advanced Studies and Research;
(e) the Selection Board;
(f) the Finance and Planning Committee; and
(g) such other Authorities as may be prescribed by the Statutes
and the Regulations.
13. Board of
Governors. (1) The Board of Governors of the
University shall consist of the following:-
(i) the Chairman of the
Company;
(ii) members of the Board
of Directors of the Company subject to a maximum of eight members;
(iii) the Chairman, Higher
Education Commission or his nominee not below the rank of a Director;
(iv) a Vice Chancellor of a
(v) the Rector; and
(vi) Secretary to Government of the
(2) The
Chairman of the Company shall be the Chairman of the Board.
(3) The
quorum for a meeting of the Board shall be one half of the total number of
members, a fraction being counted as one; provided that at least two members
shall be official members.
14. Powers
and duties of the Board. (1) The administration
and management of the affairs of the University shall vest in the Board.
(2) The
Board shall forward the draft of Statutes to the Patron for approval.
15. Business
of the Board. (1)
The meetings and business of the Board shall be conducted in such manner and in
accordance with such procedure as may be prescribed in the Regulations and
until these matters are prescribed, as may be determined by the Board.
(2) No
Statute, Regulation or proceeding of the Board shall be invalid by reason of
any vacancy or defect in the constitution of the Board.
16. Delegation
of powers. The Board may delegate to any person
or a committee any of its powers, duties or functions.
17. Academic
Council. (1) The Academic Council shall consist
of
(i) the Rector
(Chairman);
(ii) all the Deans;
(iii) all the Heads of the
Departments/Institutes;
(iv) all Professors and
Associate Professors of the University;
(v) nominee of the
Secretary Education not below the rank of Deputy Secretary;
(vi) two Associate
Professors, two Assistant Professors and two Lecturers to be nominated by the
Board;
(vii) three persons eminent
in the fields of arts and sciences of whom at least one shall be from each
category, to be nominated by the Board;
(viii) Director Academic, Higher Education
Commission; and
(ix) the Registrar
(Member/Secretary).
(2) Members
appointed by nomination shall hold office for three years.
(3) The
quorum for a meeting of the Academic Council shall be one half of the total
number of members, a fraction being counted as one.
18. Powers
and duties of Academic Council. (1) The Academic Council
shall be the academic body of the University and shall, by the Statutes, have
the powers to lay down proper standards of instruction, research, publication
and examination and to regulate and promote the academic life of the
University.
(2) Without
prejudice to the generality of the foregoing powers and subject to the
provisions of this Act and the Statutes, the Academic Council shall have the
powers to
(a) advise the Board on
academic matters;
(b) regulate the conduct
of teaching, research and publication;
(c) regulate the
admission of students to the courses of studies and examinations in the
University;
(d) regulate the conduct
and discipline of the students of the University;
(e) propose to the Board,
scheme for the constitution and organization of Faculties and teaching
departments;
(f) consider or
formulate proposals for the planning and development of teaching and research
in the University;
(g) make Regulations
prescribing the courses of studies, the syllabi and the outlines of tests for
all University examinations subject to approval of the Board;
(h) regulate the award of
studentships, scholarships, exhibitions, medals and prizes;
(i) frame Regulations
for submission to the Board;
(j) appoint or nominate
members to the various Authorities in accordance with the provisions of this
Act; and
(k) perform such other
functions as may be prescribed by the Statutes.
19. Statutes. Subject
to the provisions of sub-section (6) of section 7 and section 21, Statutes may
be made to provide for and to regulate any matter relevant to the University.
20. First
Statutes. Notwithstanding anything to the contrary contained in this Act, the Statutes set out in the Schedule
appended to this Act shall be deemed to be the Statutes framed under section 19
of this Act and shall continue to remain in force until amended or repealed.
21. Regulations.
The Board may, by notification, make Regulations for the administration and
management of the affairs of the University.
22. Removal of difficulties.
If any difficulty arises in giving effect to any of the provisions of this
Act, the Board may, with the approval of the Government, give such directions,
not inconsistent with the said provisions, as it may consider necessary for the
removal of such difficulty.
SCHEDULE
(See section 19)
THE FIRST
STATUTES OF
THE
1. Faculties. There
shall be a faculty for a teaching department or a group of teaching
departments. The University shall include the following faculties and such
other faculties as may be prescribed:-
(a) Faculty
of Computer Sciences;
(b) Faculty
of Business & Commerce;
(c) Faculty
of Management Sciences;
(d) Faculty of Arts & Social Sciences;
(e) Faculty of Accounting & Finance; and
(f) Faculty
of Fine Arts, Design and Architecture.
2. Board of Faculty. (1) There shall be a
Board of each Faculty which shall consist of
(a) the Dean of the Faculty;
(b) the Professors and
the heads of the teaching departments in the Faculty;
(c) one member other than
Professors and head of each teaching department to be nominated by the Head of
Department;
(d) two teachers to be
nominated by the Academic Council by reason 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;
(e) two experts in the
field from outside the University to be appointed by the Board of Governors;
and
(f) one member to be
nominated by the Rector.
(2) The
members other than ex-officio members shall hold office for a period of three
years.
(3) The
quorum for a meeting of the Board of a Faculty shall be one half of the total
number of members, a fraction being counted as one.
(4) The
Board of each Faculty shall, subject to the general control of the Academic
Council and the Board, have the powers to
(i) co-ordinate the
teaching and research work in the subjects assigned to the Faculty;
(ii) scrutinize the recommendations of the
Boards of Studies comprising the Faculty with regard to the appointment of
paper-setters and examiners for Graduate and Postgraduate examinations and to
forward the panels of suitable paper-setters and examiners for each examination
to the Rector;
(iii) consider any other
academic matter relating to the Faculty and to submit its report to the
Academic Council;
(iv) prepare a
comprehensive annual report regarding the performance of each department
comprising the Faculty for presentation to the Academic Council; and
(v) perform such other
functions as may be prescribed by the Statutes.
(5) There
shall be a Dean of each Faculty who shall be the Chairman and Convener of the
Board of Faculty.
(6) The
Dean shall be appointed by the Board from amongst the three senior most
Professors of the Faculty on the recommendation of the Rector and shall hold
office for a period of three years and shall be eligible for reappointment.
(7) The
Dean shall present candidates for admission to degree, except honorary degrees,
courses falling within the purview of the Faculty.
(8) The
Dean shall have such powers and duties as may be prescribed by the Board on the
recommendations of the Rector.
3. Academic
Departments and Heads of the Departments. (1) There shall be an
Academic Department for each subject or a group of subjects, as may be
prescribed by the Regulations and each Academic Department shall be headed by a
Head of Department.
(2) The
Head of an Academic Department shall be appointed by the Board on the
recommendations of the Rector from amongst three senior most Professors, other
than a Professor already working as Dean, for a period of three years and shall
be eligible for re-appointment; provided that in a department where there are
less than three eligible Professors, the appointment shall be made from amongst
the three senior most Professors and Associate Professors of the Department.
(3) The
Head of the Department shall plan, organize and supervise the work of the
department and shall be responsible to the Dean for the work of his department.
(4) The
Head of the Department shall, under the general supervision of the Rector and
the Dean, exercise all administrative, financial and academic powers and such
other duties or powers as may be delegated to him.
(5) The heads of the
departments shall prepare a comprehensive annual report regarding the
performance of department at the Graduate and Postgraduate levels, Faculty
research and development and submit this report to the Dean of the Faculty for
his evaluation.
4. Board
of Advanced Studies and Research. (1) The Board
of Advanced Studies and Research shall consist of
(a) the Rector
(Chairman);
(b) all the Deans;
(c) one University
Professor from each Faculty other than Dean to be appointed by the Board;
(d) one member to be
nominated by the Rector;
(e) three
members from the relevant field, research organizations and Government
departments, to be nominated by the Board; and
(f) the 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.
5. Functions of the Board of
Advanced Studies and Research. The functions of
the Board of Advanced Studies and Research shall be to
(a) advise the
Authorities on all matters connected with the promotion of advanced studies and
research publication in the University;
(b) consider and report
to the Authorities of research degrees in the University;
(c) propose Regulations
regarding the award of research degrees;
(d) appoint supervisors
for Postgraduate research students and to approve titles and synopsis of their
thesis/dissertations;
(e) recommend panels of
names of examiners for evaluation of their other research examinations; and
(f) perform such other
functions as may be prescribed by the Statutes.
6. Selection
Board. (1) The Selection Board shall consist of
(a) the Rector
(Chairman);
(b) the Dean of the
Faculty concerned;
(c) the Head of the
Academic Department concerned;
(d) one member of the
Board of Governors to be nominated by the Board;
(e) one eminent scholar
to be nominated by the Board of Directors of the Company; and
(f) one expert in the
subject to be nominated by the Secretary to Government of the
(2) The
Registrar shall be the Secretary of the Selection Board.
(3) The
members other than ex-officio members shall hold office for a period of three
years.
(4) The
quorum for a meeting of the Selection Board shall be four.
(5) No
member who is a candidate for the posts to which appointment is to be made
shall take part in the proceedings of the Selection Board.
(6) In
selection of candidates for the posts of Professors and Associate Professors,
the Selection Board shall co-opt or consult three experts in the subject
concerned and in selecting candidates for other teaching posts, two experts in
the subject concerned, to be nominated by the Rector from a standing list of
experts for each subject approved by the Board on the recommendation of the
Selection Board and revised from time to time.
7. Functions
of the Selection Board.
The functions of the Selection Board shall be to
(a) consider the applications and recommend to the
Board of Governors the names of suitable candidates for appointment to teaching
and other posts, as the case may be, and recommend suitable salary for the
candidate concerned; 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 Board.
8. Finance
and Planning Committee. (1) The Finance and
Planning Committee shall consist of
(a) the Rector
(Chairman);
(b) all the Deans;
(c) one member of the
Board to be nominated by the Board;
(d) one member of the
Academic Council to be nominated by the Academic Council;
(e) one representative
each from Education Department and Finance Department of the Government of the
(f) Director Planning, Higher Education
Commission;
(g) the Registrar; and
(h) one nominee of the Board of Directors of the Company.
(2) The
term of office of the nominated members shall be three years.
(3) The
quorum for a meeting of the Finance and Planning Committee shall be five.
9. Functions of the Finance
and Planning Committee. The functions of the
Finance and Planning Committee shall be to
(a) prepare the annual
statement of accounts and propose annual budget estimates and advise the Board
thereon;
(b) review periodically
the financial position of the University;
(c) advise the Board 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.
[1]This Act was passed by the
Punjab Assembly on