THE
(Pb. Act XII of 2005)
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. University open to all.
6. Jurisdiction.
7. Chancellor.
8. Inspection and inquiry.
9. Vice Chancellor.
10. Appointments.
11. University Fund.
12. Budget, audit and accounts.
13. Officers of the University.
14. Authorities of the University.
15. Board of Governors.
16. Powers and duties of the Board.
17. Business of the Board.
18. Delegation of powers.
19. Academic Council.
20. Powers and duties of Academic Council.
21. Statutes.
22. First Statutes.
23. Regulations.
24. Removal of difficulties.
25. Validation.
Schedule
[1]THE
[
An Act to
provide for the establishment of the
Preamble.– Whereas it is expedient to provide for the establishment of the Minhaj University, Lahore 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 14;
(c) “Board” means the Board of Governors of the
University constituted under section 15;
(d) “Chairperson” means the Head of a teaching
department;
(e) “Chancellor” means the Governor of the
(f) “Chief Executive”
means the Patron-in-Chief of the Company;
(g) “Company” means Markazi
Idara Minhaj-ul-Quran;
(h) “Dean” means the head of a Faculty;
(i) “Department”
means a teaching department maintained and administered, or recognized by the
University in the manner prescribed;
(j) “Faculty” means a faculty of the University;
(k) “Government” means the Government of the
(l) “Higher Education Commission” means the
Higher Education Commission set up by the Higher Education Commission Ordinance
2002;
(m) “Prescribed” means prescribed by Statutes,
Regulations or Rules made under this Act;
(n) “Registrar” means the Registrar of the
University;
(o) “Schedule” means the Schedule to the Act;
(p) “Search Committee”
means a Search committee set up for making recommendations for appointment of
Vice Chancellor;
(q) “Statutes”, “Regulations” and “Rules” mean
respectively the Statutes, the Regulations and the Rules made or deemed to have
been made under this Act;
(r) “Teachers” include Professors, Associate
Professors, Assistant Professors and Lecturers engaged whole time by the University
and such other persons as may be declared to be Teachers by Regulations;
(s) “University” means the
(t) “University Teachers” means a whole time
teacher appointed and paid by the University, or recognized by the University
as such; and
(u) “Vice
Chancellor” means the Vice Chancellor of the University.
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.
(3) The University shall consist of the following namely–
(a) the
Chancellor, the Chairman and members of the Board of Governors and the Vice
Chancellor;
(b) the
members of the authorities of the University established under section 14;
(c) all
University teachers and persons recognized as students of the University in
accordance with the terms prescribed from time to time; and
(d) all
other full time officers and members of the staff of the University.
4. Functions and powers of the University.– The functions and powers of the
University shall be–
(a) to provide for instruction and training in the
Faculties of–
(i) Computer Sciences
& Information Technology (Department of Information Technology, Computer
Sciences), Basic Sciences & Mathematics (Department of Physics, Statistics,
Mathematics, Chemistry, Biology), Commerce & Management Sciences
(Department of Commerce, Management Sciences), Social Sciences & Humanities
(Department of Political Science, History, Pakistan Studies, Economics),
Languages (Department of Urdu, Arabic, English), Islamic Studies (Department of
Islamic Studies, Shariah); and
(ii) such other branches of learning as the Board may determine with the
approval of the Chancellor given on the recommendation of a committee
constituted by the Education Department, Government of the
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. University open to all.– The University shall be open to persons of either sex of whatever
religion, race, creed, colour or domicile who are
academically qualified for admission to the courses of study offered by the
University and no person shall be denied the privileges of the University on
any of such grounds.
6. 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 Chancellor.
7. Chancellor.– (1) The Governor of the
(2) The Chancellor 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 Chancellor.
(4) The Chancellor shall have the power to assent
to the Statutes submitted to him by the Board or refer them back to the Board
for reconsideration.
8. Inspection and inquiry.– (1) The
Chancellor may cause an inspection or inquiry to be made in respect of any
matter connected with the affairs of the University.
(2) The Chancellor 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 Chancellor, 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 Chancellor, the Chancellor
may issue such directions as he thinks fit and the Board shall comply with all
such directions.
(5) The Chancellor 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 Chancellor 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.
9. Vice Chancellor.– (1) The Vice Chancellor shall be an eminent
scholar of national repute and shall be appointed by the Government on the
recommendations of the Search Committee, out of a panel of three persons in
order of preference, on such terms and conditions as may be determined on the
recommendations of the Board.
(2) The Vice Chancellor shall perform such
functions as are assigned to him by the Board.
(3) The Search Committee shall cease to exist
after making recommendations for the appointment of Vice Chancellor.
10. Appointments.– The University may
appoint such persons in its service as may be necessary on such terms and
conditions as may be determined by the Board.
11. University fund.– There shall be a fund
to be known as the
12. 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.
13. Officers of the University.– The following shall be the officers of the University:-
(a) the Chancellor;
(b) the Vice Chancellor;
(c) the Deans;
(d) the Chairpersons of the teaching departments;
(e) the Registrar;
(f) the Treasurer;
(g) the Controller of examination; and
(h) such
other authorities as may be prescribed by the Statutes or Regulations to be the
officers of the University.
14. 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.
15. Board of Governors.– (1) The Board of
Governors of the University shall consist of the following:-
(i) the Chief Executive of the Company;
(ii) Directors
of the Company subject to a maximum of eight directors;
(iii) the
Chairman, Higher Education Commission or his nominee not below the rank of a
Director;
(iv) a
Vice Chancellor of a
(v) the
Vice Chancellor; and
(vi) Secretary to Government of the
(2) The Chief Executive of the Company shall be
the Chairman of the Board.
(3) Members of the Board, other than ex-officio
members, shall hold office for a term of three years. Members of the Board
shall be eligible for re-appointment on the expiry of their term of office.
(4) 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.
16. 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 Chancellor for approval;
(3) Without prejudice to
the generality of the aforementioned powers, the Board may exercise powers and
perform functions as follows:-
(a) to
formulate or approve the principles, policies and plans governing the
activities and operations of the University so as to facilitate research,
teaching and other academic work;
(b) to
make and, from time to time, revise Regulations for the efficient and effective
operations of the University;
(c) to
create a component of the University such as faculties, departments, institutes
under its jurisdiction subject to sub-para (ii) of para (a) of section 4;
(d) to constitute such standing committees,
councils and other administrative or academic advisory bodies as it deems
necessary, and review their work; and to create such academic or administrative
posts as it may deem necessary and to approve appointments to such posts as it
may specify;
(e) to
hold, control and administer the property, funds and resources of the
University and raise funds for the purpose of the University upon such security
as may be required under Regulations;
(f) to
undertake the responsibility for the financial viability of the University
including responsibility for ensuring effectiveness of its operations, their
continuity and preservation of the autonomy of the University;
(g) to
consider and pass, through a resolution, the annual report, plan of work,
statement of accounts and the annual budget estimates;
(h) to call for and consider reports relating to
the activities of the University and to direct the Vice Chancellor to furnish
information relating to any matter specified by the Board; and
(i) to take all such initiatives as it may
consider necessary or desirable for the efficient and effective management and
functioning of the University.
17. 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.
18. Delegation of powers.– The Board may
delegate to any person or a committee any of its powers, duties or functions.
19. Academic Council.– (1) There shall be
an Academic Council of the University which shall consist of–
(i) the Vice
Chancellor (Chairman);
(ii) all the Deans;
(iii) all the Heads of the Departments/Institutes;
(iv) all Professors of the University;
(v) a nominee of the Secretary Education,
Government of the
(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.
20. 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 the 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.
21. Statutes.– Subject
to the provisions of sub-section (4) of section 7 and section 23 and approval
of the Chancellor, Statutes may be made by the Board to provide for and to
regulate any matter relevant to the University.
22. 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 21 of this Act and shall
continue to remain in force until amended or repealed.
23. Regulations.– The Board may, by
notification, make Regulations for the administration and management of the
affairs of the University.
24. 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.
25. Validation. – All
actions taken, liabilities incurred, rights and assets acquired, persons
appointed or authorized, endowments, bequests, funds created, donations or
grants received by the Company for the establishment of University after the
issuance of no objection certificate by the Education Department, Government of
the Punjab shall be deemed to have been taken, incurred, acquired, appointed or
authorized, created, received under this Act.
SCHEDULE
(See section 22)
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 established pursuant to the Act:-
(a) Faculty
of Computer Sciences & Information Technology (Department of Information
Technology, Computer Sciences);
(b) Faculty
of Basic Sciences & Mathematics (Department of Physics, Statistics,
Mathematics, Chemistry, Biology);
(c) Faculty
of Commerce & Management Sciences (Department of Commerce, Management
Sciences);
(d) Faculty
of Social Sciences & Humanities (Department of Political Science,
(e) Faculty of Languages (Department of Urdu,
Arabic, English); and
(f) Faculty of Islamic Studies (Department of
Islamic Studies, Shariah).
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 Vice Chancellor.
(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 Vice Chancellor;
(iii) consider any other academic matter relating to the Faculty and
report thereon 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 Vice Chancellor and shall hold office for a period of three years and
shall be eligible for re-appointment.
(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 Vice Chancellor.
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 Vice Chancellor 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 Vice Chancellor 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 on 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
Vice Chancellor (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 Vice Chancellor;
(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
synopses of their theses/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
Vice Chancellor (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 Vice Chancellor 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 person 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
Vice Chancellor (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, 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