ISLAMABAD HIGH COURT, ISLAMABAD

(4) The Ombudsperson may appoint such staff as may be required to achieve the purposes of this Act."

7. Amendment in Section 9 of Act, IV of 2010.--In the said Act, for Section 9, the following shall be substituted:--

"9. Representation to Governor.--Any person aggrieved by a decision of the Ombudsperson under sub-section (5) of Section 8 may, within thirty days of the communication of the decision, make a representation to the Governor whose decision shall be final."

8. Amendment in Section 11 of Act, IV of 2010.--In the said Act, in Section 11--

(a) in sub-section (3), for the words "petition before the District Court", the words "complaint before the Ombudsperson" shall be substituted; and

(b) after sub-section (3), the following sub-section (4) shall be inserted:--

"(4) A person aggrieved by an order under sub-section (3) may, within thirty days of the communication of the order, make a representation to the Governor whose decision shall be final."

9. Amendment in Section 13 of Act, IV of 2010.--In the said Act, in Section 13, the word "Federal" shall be omitted.

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ACT IV OF 2013

PUNJAB PARTITION OF IMMOVABLE PROPERTY ACT, 2012

An Act to amend and reform the law relating to partition of immovable property.

[Gazette of Punjab, Extraordinary, 5^th January, 2013]

No. PAP-Legis-2(155)/2012/808.--The Punjab Partition of Immovable Property Bill, 2012, having been passed by the Provincial Assembly of the Punjab on 27 December 2012, and assented to by the Governor of the Punjab on 3 January 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient to amend and reform the law relating to expeditious partition of immovable property and to provide for ancillary matters;

It is enacted as follows:-

1. Short title, extent and commencement.--(1) This Act may be cited as the Punjab Partition of Immovable Property Act, 2012.

(2) It shall extend to whole of the Punjab.

(3) It shall come into force at once.

2. Limitation on scope.--Nothing contained in this Act shall be deemed to affect any law providing for the partition of agricultural land or land subservient to agriculture.

3. Definitions.--(1) In this Act–

(a) “Code” means the Code of Civil Procedure, 1908 (V of 1908);

(b) “Court” means the Court of original civil jurisdiction competent to entertain and decide suits for partition of immovable property;

(c) “immovable property” means an immovable property, other than agricultural land or land subservient to agriculture, jointly owned by two or more persons;

(d) “internal auction” means the auction of the immovable property amongst the co-owners of the property in which at least two co-owners are eligible to participate; and

(e) “mesne profits” means the approximate rental benefit which the co-owner in possession of the immovable property gains to the exclusion of any other co-owner during the pendency of the suit under the Act.

(2) An expression used in the Act but not defined shall mean the same as in the Code.

4. Suit for partition of immovable property.--An owner of immovable property may file a suit for partition of the property, giving details of the property, citing all other co-owners as defendants and attaching all the relevant documents in his reach or possession.

5. Appearance of defendants and consequence of non-appearance.--(1) The Court shall issue notice to the defendants for appearance on a date, not later than ten days, through the process serving agency and registered post or courier service and, where possible, also through electronic and telecommunication means.

(2) Copies of the plaint and the documents annexed with the plaint shall be attached with the notice under sub-section (1) served through the process serving agency and sent by registered post or courier.

(3) If a defendant fails to appear and the Court is satisfied that the notice has not been served on the defendant or the defendant is willfully avoiding the service of the notice, the Court may direct service of the notice by–

(i) affixing a copy of the notice at some conspicuous part of the residence of the defendant; or

(ii) publication in the press, electronic media or any other mode.

(4) If the defendant fails to appear on the date fixed and the Court is satisfied that the notice had been duly served, it may proceed ex-parte against such defendant.

(5) If an ex-parte order is passed against a defendant, he may, within fifteen days from the date of knowledge, apply to the Court for setting aside the ex-parte order and shall submit along with the application the written statement and attach with such written statement copies of all the relevant documents in his reach or possession.

(6) If the defendant submits the written statement and shows sufficient cause for his non appearance, the Court may set aside the ex-parte order on such terms as it may deem fit.

6. Written statement.--(1) Subject to Section 5, a defendant in a suit for partition of immovable property shall file the written statement within thirty days of his first appearance in the Court and shall attach with the written statement copies of all the relevant documents in his reach or possession.

(2) If a defendant fails to file the written statement within the period mentioned in sub-section (1), the Court shall strike off his defence and in that event he shall not be entitled to lead any evidence.

7. Mesne profits pending adjudication.--(1) On the first date of hearing or as soon as thereafter, the Court may, pending adjudication of the suit, direct the co-owner, in possession of the immovable property, to deposit, either on monthly or quarterly basis, such interim mesne profits in the Court as it may determine on account of share of a co-owner not in possession of the property.

(2) If an order under sub-section (1) is passed, the co-owner in possession of the property shall deposit the amount on or before the date fixed by the Court and, in the absence of any such order, on or before 15th of the month or the first month of the quarter for which the amount is due.

(3) If the co-owner fails to deposit the amount under this section within the time specified under sub-section (2), the Court shall–

(a) in case he is plaintiff, dismiss his suit; and

(b) in case he is defendant, strike off his defence and in that event, he shall not be entitled to lead any evidence.

8. Question of title or share.--(1) When there is a dispute as to the title or share in the immovable property, the Court shall decide such question before proceeding further in the suit under this Act.

(2) The determination of a question of title or share of the immovable property by the Court under sub-section (1) shall be deemed to be a decree in terms of the Code.

9. Appointment of referee for partition.--(1) If all the co-owners agree in writing on partition of the immovable property through appointment of a referee, the Court shall appoint a referee for partition of the property within such specified or extended time as the Court deems appropriate.

(2) Subject to the restrictions imposed under any law governing town planning, the referee shall decide whether the immovable property is partible and if so, the referee shall propose partition of the immovable property.

(3) Notwithstanding anything in sub-section (1) but subject to sub-section (2), the Court may, on an application of one or more co-owners who desires his or their shares in the immovable property partitioned, appoint a referee who shall determine whether such share or shares is partible and if so, he shall propose partition of the property to that extent.

(4) The referee may, with the written consent of two or more co-owners of the immovable property, combine the shares of such co-owners in the proposal of partition.

(5) The Court shall affirm the proposal of the referee for partition of the immovable property through decree unless the Court is satisfied that the proposal is in contravention of any law.

(6) The Court may fix the fee of the referee to be paid by the co-owners according to their respective shares in the immovable property.

10. Internal auction.--(1) If on the date fixed by the Court for the purpose, the co-owners fail to submit written agreement about the partition of the immovable property through appointment of a referee or the referee is of opinion that the property is not partible or the Court finds that the proposal of the referee is in contravention of any law, the Court shall determine the reserve price of the immovable property and direct sale of the property through internal auction on the next date of hearing.

(2) The Court shall require the co-owners to be present in person or through their authorized agents on the date of internal auction.

(3) The internal auction shall be conducted in the Court and the Court shall maintain record of internal auction which shall form part of the suit.

(4) Any two or more co-owners of the immovable property may submit their written offers or counter written offers until one of them makes the highest written offer.

(5) The Court shall declare the highest bidder as auction purchaser in internal auction and direct the auction purchaser to deposit the auction price within fifteen days of the auction but the auction purchaser may deduct from the auction price to be deposited such amount as equals his share in the immovable property.

(6) If the auction purchaser deposits the auction price under sub-section (5) within the prescribed time, the Court shall confirm the sale, put the auction purchaser in possession of the property and distribute the auction price amongst the other co-owners according to their respective shares.

(7) If the auction purchaser fails to deposit the auction price under sub-section (5) within the prescribed time, the Court shall fix another date for internal auction but such auction purchaser shall not participate in the subsequent internal auctions.

(8) The second or subsequent internal auction shall be held, as far as possible, in accordance with the procedure contained in this section for the first internal auction.

11. Open auction.--(1) If the co-owners refuse to participate in the internal auction or only one co-owner shows his willingness to participate in such auction or the internal auction under Section 10 has failed, the Court shall fix the reserve price of the immovable property and direct open auction of the property.

(2) A co-owner of the immovable property may participate in the open auction of the property.

(3) The Court shall appoint a Court auctioneer for conducting the open auction and fix fee of the Court auctioneer to be paid by the co-owners in proportion to their respective shares in the immovable property.

(4) The Court auctioneer shall submit in the Court an auction plan in the form of a public notice which shall include detailed specifications of the immovable property, the time, date and place of open auction, and the amount of bid security for participating in the open auction, and the Court may approve the auction plan with or without modification and direct its publication in such manner as it deems appropriate.

(5) The Court auctioneer shall conduct open auction under the auction plan approved and published by the Court and direct the highest bidder to deposit--

(a) earnest money equal to twenty per cent of the bid price immediately on the close of bidding; and

(b) the remaining amount of the bid price in the Court within seven days.

(6) The Court auctioneer shall maintain the record of the auction proceedings and return the bid security to unsuccessful bidders but shall adjust the bid security of the highest bidder in the bid price.

(7) The Court auctioneer may, in an appropriate case, accept deposit under clause (a) of sub-section (5) in the form of cash, crossed cheque, demand draft or banker’s cheque against a receipt.

(8) The Court auctioneer shall, immediately after conclusion the auction, deposit in the Court the auction price collected by him along with the auction report.

(9) If the highest bidder deposits the auction price under sub-section (5), the Court shall confirm the sale, put the highest bidder in possession of the property and distribute the auction price amongst the co-owners according to their respective shares.

(10) If the highest bidder fails to deposit the auction price under sub-section (5), the amount deposited by him shall stand forfeited and the immovable property shall be put to open auction again, as far as possible, in accordance with the procedure contained in this section.

12. Mesne profits.--(1) Subject to Sections 10 and 13, the Court may, at the time of final settlement, award mesne profits to a co-owner not in possession of the joint immovable property by deducting the same from the share of the co-owner in possession of the property or by directing the co-owner in possession of the property to pay the same to the co-owner not in possession of the property.

(2) The Court shall, while awarding mesne profits under sub-section (1), take into account the interim mesne profits deposited under Section 7.

13. Private settlement.--(1) All the co-owners of the immovable property may, at any stage of the proceedings before the date of open auction of the property, submit a private settlement in the Court.

(2) If the co-owners submit the private settlement under sub-section (1), the Court shall pronounce judgment and decree in terms of the private settlement and cancel the order of open auction if already passed.

14. Time limit for disposal of the suit.--(1) The Court shall finally dispose of the suit under this Act within six months from the date of the institution of the suit, failing which, the Court shall submit the case to the District Judge, with cogent reasons, seeking extension of time for disposal of the suit.

(2) The District Judge may, subject to such conditions as he deems appropriate to impose, grant extension in time to dispose of the suit taking into consideration the facts and circumstances of the case.

15. Application of Act V of 1908.--Subject to this Act, the provisions of the Code shall apply to any proceedings under this Act.

16. Instructions of High Court.--The Lahore High Court may issue instructions necessary for purposes of the Act.

17. Repeal.--(1) The Partition Act, 1893 (IV of 1893) is hereby repealed.

(2) Notwithstanding the repeal of the Partition Act, 1893 (IV of 1893) and without prejudice to any previous proceedings in a suit, the suit for partition of immovable property pending in any Court under the repealed Act shall be proceeded with and decided by the Court in accordance with the provisions of this Act.

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ACT V OF 2013

WOMEN UNIVERSITY MULTAN (AMENDMENT) ACT, 2012

An Act further to amend the Women University Multan Act, 2010.

[Gazette of Punjab, Extraordinary, 5^th January, 2013]

No. PAP-Legis-2(128)/2012/809.--The Women University Multan (Amendment) Bill, 2012, having been passed by the Provincial Assembly of the Punjab on 27 December 2012, and assented to by the Governor of the Punjab on 3 January 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient further to amend the Women University Multan Act, 2010 (XV of 2010), for purposes hereinafter appearing;

It is enacted as follows:--

1. Short title and commencement.--(1) This Act may be cited as the Women University Multan (Amendment) Act, 2012.

(2) It shall come into force at once.

2. Substitution of Section 3 in Act, XV of 2010.--In the Women University Multan Act, 2010 (XV of 2010), for Section 3, the following shall be substituted:--

“3. Incorporation.--(1) The Government shall, by notification, reconstitute the Government Postgraduate College for Women Multan as the Women University Multan.

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

(3) The Government may, by ratification, affiliate any of its post Graduate or degree college with the University.

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

(5) The University shall consist of the following:--

(a) Chancellor;

(b) Pro-Chancellor;

(d) Pro-Vice Chancellor;

(e) members of an Authority;

(f) chairpersons and Deans;

(g) teachers and students of the University; and

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

(6) The property on which the Government Postgraduate College for Women Multan is established shall stand transferred to the University.

(7) All employees of the Government serving in Government Postgraduate College for Women Multan immediately before coming into force of the Women University Multan (Amendment) Act, 2012 shall be considered on deputation with the University.

(8) Subject to the criteria notified by the University, an employee of the Government on deputation with the University may, within three hundred and sixty five days from the date of the commencement of the Women University Multan (Amendment) Act, 2012, opt for absorption in the service of the University."

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ACT VI OF 2013

GOVERNMENT COLLEGE WOMEN UNIVERSITY FAISALABAD ACT, 2012

An Act to provide for the establishment of the Government College Women University Faisalabad.

[Gazette of Punjab, Extraordinary, 5^th January, 2013]

No. PAP-Legis-2(123)/2012/810. The Government College Women University Faisalabad Bill, 2012, having been passed by the Provincial Assembly of the Punjab on 27 December 2012, and assented to by the Governor of the Punjab on 3 January 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient to provide for the establishment of the Government College Women University Faisalabad and for ancillary matters;

It is enacted as follows:--

CHAPTER I

PRELIMINARY

1. Short title and commencement.--(1) This Act may be cited as the Government College Women University Faisalabad Act, 2012.

(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 institute affiliated with the University;

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

(e) “Chancellor” means the Governor of the Punjab;

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

(g) “constituent college” means a college 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 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, statutes or regulations;

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

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

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

(r) “Search Committee” means the Search Committee consisting of at least five persons constituted by the Government for making recommendations for the appointment of the Vice Chancellor;

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

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

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

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

(w) “University” means the Government College Women University Faisalabad; and

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

CHAPTER II

THE UNIVERSITY

3. Incorporation.--(1) The Government shall, by notification, reconstitute the Government College for Women Madina Town Faisalabad as the Government College Women University Faisalabad.

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

(3) The Government may, by notification, affiliate any of its post graduate and degree colleges with the University.

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

(5) The University shall consist of the following:--

(a) Chancellor;

(b) Pro-Chancellor;

(d) Pro-Vice Chancellor;

(e) members of an Authority;

(f) chairpersons and Deans;

(g) teachers and students of the University; and

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

(6) The property on which the Government College for Women Madina Town Faisalabad is established shall stand transferred to the University.

(7) All employees of the Government serving in the Government Colleges for Girls Faisalabad immediately before coming into force of this Act shall be considered on deputation with the University.

(8) Subject to the Criteria notified by the University, an employee of the Government on deputation with the University may, within three hundred and sixty five days from the date of commencement of this Act, opt for absorption in the service of the University as a one time option.

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;

(d) prescribe courses of studies;

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

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

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

(h) engage, where necessary, a person on contract for 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 alumni;

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

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

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

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

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

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

(t) perform any other prescribed or ancillary function.

(2) The University may–

(a) institute 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. University to be open to all classes, creeds, etc.--The University shall be open to all persons irrespective of their religion, race, creed, class or color and the University shall not deny its privileges to a person on any such grounds.

6. Jurisdiction.--The jurisdiction of the University shall be restricted to the Province of the Punjab.

CHAPTER III

OFFICERS OF THE UNIVERSITY

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

(a) Chancellor;

(b) Pro-Chancellor;

(d) Pro-Vice Chancellor;

(e) Deans;

(f) chairpersons;

(g) Registrar;

(h) Treasurer;

(i) Controller of Examinations; and

(j) such other persons as may be prescribed.

8. Chancellor.--(1) The Governor of the Punjab shall be the Chancellor of the University.

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

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

(4) 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.

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

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

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

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

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

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

10. 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 powers of the Chancellor, except the powers under Section 9 of the Act, as may be prescribed or assigned to the Pro-Chancellor by the Chancellor.

11. 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 qualifications, experience and other relevant requirements for the post of the Vice Chancellor.

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

(4) The Search Committee shall follow such procedure and criteria, for 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 alphabetical order, a panel of three persons who, in its opinion, are suitable for appointment as the Vice Chancellor.

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

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

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

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

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

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

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

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

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

(a) direct a teacher, officer or other employee of the University to take up 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;

(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 the powers of Vice Chancellor to a teacher or officer of the University; and

(f) exercise such other powers as may be prescribed.

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

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

13. Pro-Vice Chancellor.--(1) The Chancellor shall appoint the Pro-Vice Chancellor of the University, from amongst the three senior most Professors, for a term of three years.

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

(3) The Syndicate or Vice Chancellor may assign any function to the Pro-Vice Chancellor.

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

(2) The Syndicate shall not appoint a person as Registrar unless the person possesses the prescribed qualifications and experience.

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

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

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

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

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

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

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

(2) The Syndicate shall not appoint a person as Treasurer unless the person possesses the prescribed qualifications and experience.

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

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

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

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

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

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

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

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

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

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

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

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY

18. Authorities of the University.--(1) The following shall be the Authorities of the University–

(a) Syndicate;

(b) Academic Council;

(d) Board of Advanced Studies and Research;

(e) Selection Board;

(f) Finance and Planning Committee; and

(g) any other Authority as may be prescribed.

(2) The Syndicate may constitute committees consisting of the members of the Syndicate 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.

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

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

(b) Vice Chancellor;

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

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

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

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

(h) one Vice Chancellor of any public University of the Punjab to be nominated by the Chancellor;

(i) three senior most Deans of the faculty to be nominated by the Chancellor;

(j) three persons of eminence to be nominated by the Chancellor;

(k) Chairman Board of Intermediate and Secondary Education, Faisalabad;

(l) two Principals of constituent colleges to be nominated by the Government;

(m) two Principals of affiliated colleges to be nominated by the Government; and

(n) three women members of the Provincial Assembly of the Punjab to be nominated by the Speaker of the Assembly.

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

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

(4) The members of the Syndicate, other than ex-officio members, shall hold office for three years.

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

(6) The Registrar shall, with the approval of the chairperson of the Syndicate, summon a meeting of the Syndicate.

(7) The Syndicate shall take decision 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.

20. 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 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–

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

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

(iii) 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;

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

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

(vi) 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;

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

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

(ix) determine the form, custody and regulation of the use of the Common Seal of the University;

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

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

(xii) affiliate or disaffiliate Colleges and Institutes;

(xiii) admit educational institutions to the privileges of the University and withdraw such privileges;

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

(xv) institute Professorships, Associate Professorships, Assistant Professorships, Lecturer ships’ and other posts and to suspend or abolish such posts;

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

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

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

(xix) 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;

(xx) appoint members to the various Authorities, Committees and Bodies in a prescribed manner;

(xxi) 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;

(xxii) 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 the Act;

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

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

(xxv) consider and approve regulations recommended by the Academic Council;

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

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

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

21. Academic Council.--(1) The Academic Council shall consist of–

(i) Vice Chancellor who shall be its Chairperson;

(ii) Deans;

(iii) chairpersons;

(iv) three Principals of affiliated colleges nominated by the Syndicate;

(v) all Professors including Professors Emeritus;

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

(vii) three persons of eminence to be nominated by the Syndicate;

(viii) Secretary to the Government, Higher Education Department or a nominee not below the rank of Deputy Secretary;

(ix) five experts in the field of education to be nominated by the Chancellor;

(x) Registrar (Member/Secretary);

(xi) Controller of Examinations; and

(xii) Librarian of the University.

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

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

22. 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 provisions, 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.

23. 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.

(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;

(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.

24. 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;

(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 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.

25. Functions of the Board of Advanced Studies and Research.--The Board of Advanced Studies and Research shall–

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

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

(d) appoint supervisors for a postgraduate research student and to approve title and synopsis of 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.

26. Selection Board.--(1) The Selection Board shall consist of–

(a) Vice Chancellor (Chairperson);

(b) Dean of the faculty concerned;

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

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

(f) two experts to be nominated by the Government; and

(g) 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.

27. 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 candidate; 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.

28. Finance and Planning Committee.--(1) The Finance and Planning Committee shall consist of–

(a) Vice Chancellor (Chairperson);

(b) all the Deans;

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

29. 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;

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

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

CHAPTER V

STATUTES, REGULATIONS AND RULES

31. Statutes.--(1) Subject to the provisions of this Act, Syndicate may make statutes or recommend statutes relating to the matters specified in clauses (i) and (ii) of sub-section (2) to the Chancellor.

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

(i) 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;

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

(iii) constitution, powers and duties of the Authorities and conduct of elections to such Authorities and related matters;

(iv) affiliation and disaffiliation of colleges, institutes, etc. and related matters;

(v) admission of educational institutions to the privileges of the University and the withdrawal of such privileges;

(vi) establishment of Institutes, faculties, colleges, departments and academic divisions;

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

(viii) conditions for appointment of Professors Emeritus;

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

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

(xi) award of honorary degrees;

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

(xiii) conduct of elections for membership of Authorities of the University and related matters; and

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

(3) The Syndicate shall recommend statutes under clauses (i) and (ii) of sub-section (2) 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.

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

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

(ii) manner and method of teaching conducted in the University and affiliated colleges;

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

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

(v) conduct of examinations;

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

(vii) conditions of residence of the students of the University or colleges including the levying of fee for residence in halls of residence and hostels and approval of hostels, and lodgings for students;

(viii) conditions for acquiring research degrees;

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

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

(xi) academic costume;

(xii) use of the library;

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

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

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

33. 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

FINANCIAL PROVISIONS

34. University Fund.--(1) There shall be a fund to be known as the Government College Women University Faisalabad Fund which shall vest in the University and to which shall be credited all sums received by the University.

(2) The University may accept donations in the shape of land, vehicle, equipment or any other item 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.

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

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

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

CHAPTER VII

MISCELLANEOUS

36. Appeal to Syndicate.--(1) If an order is passed by an Authority, body or officer of the University, other than the Chancellor, and an appeal against the order is not provided under the statutes or regulations, any aggrieved person may prefer an appeal against the order to the Syndicate.

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

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

37. 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 the Act, as it may consider necessary for the removal of such difficulty.

38. 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.

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ACT VII OF 2013

GOVERNMENT COLLEGE WOMEN UNIVERSITY SIALKOT ACT, 2012

An Act to provide for the establishment of the Government College Women University Sialkot.

[Gazette of Punjab, Extraordinary, 5^th January, 2013]

No. PAP-Legis-2(124)/2012/811.--The Government College Women University Sialkot Bill, 2012, having been passed by the Provincial Assemly of the Punjab on 27 December 2012, and assented to by the Governor of the Punjab on 3 January 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient to provide for the establishment of the Government College Women University Sialkot and for ancillary matters;

It is enacted as follows:-

CHAPTER I

PRELIMINARY

1. Short title and commencement.--(1) This Act may be cited as the Government College Women University Sialkot Act, 2012.

(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 institute affiliated with the University;

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

(e) “Chancellor” means the Governor of the Punjab;

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

(g) “constituent college” means a college 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 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, statutes or regulations;

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

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

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

(r) “Search Committee” means the Search Committee consisting of at least five persons constituted by the Government for making recommendations for the appointment of the Vice Chancellor;

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

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

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

(w) “University” means the Government College Women University Sialkot; and

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

CHAPTER II

THE UNIVERSITY

3. Incorporation.--(1) The Government shall, by notification, reconstitute the Government College for Women Sialkot as the Government College Women University Sialkot.

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

(3) The Government may, by notification, affiliate any of its post graduate and degree colleges with the University.

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

(5) The University shall consist of the following:-

(a) Chancellor;

(b) Pro-Chancellor;

(d) Pro-Vice Chancellor;

(e) members of an Authority;

(f) chairpersons and Deans;

(g) teachers and students of the University; and

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

(6) The property on which the Government College for Women Sialkot is established shall stand transferred to the University.

(7) All employees of the Government serving in the Government College for Women, Sialkot immediately before coming into force of this Act shall be considered on deputation with the University.