ACT NO. XX OF 2013
ANTI-TERRORISM (SECOND AMENDMENT)
ACT, 2013
An Act further to amend the Anti-terrorism
Act, 1997
[Gazette of
No.
F. 9(13)/2013-Legis.The
following Act of Majlis-e-Shoora (Parliament) received the assent of the
President on 22nd March, 2013, is hereby published for general information:
WHEREAS it is expedient further to amend
Anti-terrorism Act, 1997 (XXVII of 1997) for the purposes hereinafter
appearing;
It is hereby enacted as follows:
1. Short title and commencement.(1) This Act may be called the Anti-terrorism
(Second Amendment) Act, 2013.
(2) It
shall come into force at once.
2. Amendment of Section 6, Act XXVII of 1997.In the Anti-terrorism Act, 1997 (XXVII of
1997), hereinafter referred to as the said Act, in Section 6,
(a) in
sub-section (1), in clause (c), after the word "cause", at the end, the
words and comma "or intimidating and terrorizing the public, social sectors,
media persons, business community or attacking the civilians, including
damaging property by ransacking, looting, arson or by any other means, Government
officials, installations, security forces or law enforcement agencies"
shall be added and thereafter the following proviso shall be added, namely:
"Provided
that nothing herein contained shall apply to a democratic and religious rally
or a peaceful demonstration in accordance with law."; and
(b) in
sub-section (2),
(i) in clause (c), after the word
"property" the commas and the words ", including Government
premises, official installations, schools, hospitals, offices or any other
public or private property including damaging property by ransacking, looting
or arson or by any other means" shall be added;
(ii) in clause (ee), after the word
"blast" the words "or having any explosive substance without any
lawful justification or having been unlawfully concerned with such
explosive" shall be added;
(iii) for clause (g) the following shall be
substituted, namely:
"(g)
involves taking the law in own hand, award of any punishment by an
organization, individual or group whatsoever, not recognized by the law, with a
view to coerce, intimidate or terrorize public, individuals, groups,
communities, Government officials and institutions, including law enforcement
agencies beyond the purview of the law of the land;"; and
(iv) in clause (m) the word "or", at
the end, shall be omitted; and
(v) after clause (n), the following new clauses
shall be added, namely:
"(o)
involves in acts as part of armed resistance by groups or individuals against
law enforcement agencies; or
(p)
involves in dissemination, preaching ideas, teachings and beliefs as per own
interpretation on FM stations or through any other means of communication
without explicit approval of the Government or its concerned departments.
3. Amendment of Section 7, Act XXVII of
1997.--In the said Act,--
(i) Section 7 shall be
re-numbered as sub-section (1) of that section and in sub-section (1)
re-numbered as aforesaid, in clause (e) and clause (f), the words "and
shall also be liable to forfeiture of property" shall be omitted; and
(ii) after sub-section (1)
re-numbered and amended as aforesaid the following new sub-section shall be
added, namely,
"(2) An accused,
convicted of an offence under this Act shall be punishable with imprisonment of
ten years or more, including the offences of kidnapping for ransom and
hijacking shall also be liable to forfeiture of property.".
4. Amendment of Section 11-B, Act XXVII of
1997.In the said Act, in Section
11B, in sub-section (1), in clause (c), for the full stop, at the end, a colon
shall be substituted and thereafter the following proviso shall be inserted, namely:
"Provided that if any or all office
bearers, activists or associates of a proscribed organization form a new
organization under a different name, upon suspicion about their involvement in
similar activities, the said organization shall also be deemed to be a
proscribed organization and the Government may issue a formal notification of
its proscription.".
5. Amendment of Section 11E, Act XXVII of
1997.In the said Act, in Section
11-E, after sub-section (1), the following new sub-section shall be inserted,
namely:
"(1A) Upon proscription of an
organization if the office bearers, activists, or the members or the associates
of such organization are found continuing the activities of the proscribed
organization, in addition to any other action under this Act or any other law
for the time being in force to which they may be liable,
(a) they shall not be issued
any passport or allowed to travel abroad;
(b) no
bank or financial institution or any other entity providing financial support
shall provide any loan facility or financial support to such persons or issue
the credit cards to such persons ; and
(c) the
arms licenses, if already issued, shall be deemed to have been cancelled and
the arms shall be deposited forthwith in the nearest Police Station, failing
which such arms shall be confiscated and the holders of such arms shall be
liable for the punishment provided under the Pakistan Arms Ordinance, 1965
(WP-XX of 1965). No fresh license, to such persons for any kind of weapon,
shall be issued".
6. Insertion of new sections, Act XXVII of 1997.In the said Act, after Section 11EEE, the
following new sections shall be inserted, namely:
"11EEEE.
Preventive detention for inquiry.(1) The Government may, for a period not exceeding thirty days and
after recording reasons thereof, issue order for the preventive detention of
any person who has been concerned in any offence under this Act relating to
national security and sectarianism or against whom a reasonable complaint has
been made or credible information has been received, or a reasonable suspicion
exists of his having been so concerned, for purposes of inquiry:
Provided
that the
(2) The inquiry under sub-section (1) may be conducted
by a police officer not below the rank of Superintendent of Police or through a
Joint Interrogation Team (JIT) to be notified by the Government comprising a
police officer not below the rank of Superintendent of Police and officers of
other investigation agencies and the powers of the inquiry officer will be
vested as per Section 5 of the Federal Investigation Agency Act, 1974 (VIII of
1975).
(3) The detenue shall be produced in camera
before the presiding officer of the court or in his absence before the District
and Sessions Judge or the Magistrate appointed under the Shariah Nizam-e-Adl
Regulation, 2009, within twenty-four hours of his detention, and before the
presiding officer of the court if and when any extension in the period of
detention is requested.
(4) During
inquiry the concerned police officer not below the rank of Superintendent of
Police or equivalent officer of the law enforcement agencies or the members of
Joint Interrogation Team (JIT) as the case may be, shall have all the powers
relating to search, arrest of persons and seizure of property, and other relevant
material connected with the commission of offence and shall have all the powers
as a Police Officer has in relation to the investigation of offences under the Code
or any other law for the time being in force:
Provided
that the detenue shall be kept in a detention centre so notified by the
Government and the presiding officer of the court or the Magistrate, as the
case any be referred in sub-section (3) shall have the authority to inspect the
detention centers to ensure that the custody is in accordance with the law for
the time being in force.
11EEEEE.
Prohibition on disposal of property.(1) If during the course of inquiry or investigation, the police
officer not below the rank of Superintendent of Police or the Joint
Investigation Team, as the case, may be has sufficient evidence to believe that
any property which is subject matter of the inquiry or investigation is likely
to be removed transferred or otherwise disposed of before an order of the
appropriate authority for its seizure is obtained, such officer or the team
may, be order in writhing, direct the owner or any person who is, for the time
being, in possession thereof not to remove, transfer or otherwise dispose of such
property in any manner except with the previous permission of such officer or
the team, as the case may be, and such order shall be subject to any order made
by the Court having jurisdiction in the matter.
(2) Any
contravention of an order made under sub-section (1) shall be punishable with
rigorous imprisonment for a term which may extend to two years, or with fine,
or with both.".
7. Amendment of Section 11-O, Act XXVII of
1997.In the said Act, in Section
11-O,
(a) after
the word "the" occurring for the first time, the words "Federal
Government or" shall be inserted; and
(b) in
the proviso for the full stop, at the end, a colon shall be substituted and
thereafter the following explanation shall be inserted, namely:
"Explanation.The authorized officer
under this section shall not be less than an officer of the rank of
Superintendent of Police or equivalent.".
8. Amendment of Section 11-Q, Act XXVII of
1997.In the said Act, in Section
11Q, after sub-section (6), the following new sub-section shall be added,
namely:
"(7) A
person other than an accused, claiming the ownership or interest in any
property or assets, suspected to be terrorist property, may within a period of
fifteen days of freezing of account or of taking into possession or control of
such property or assets, as the case may be or within such extended period as
the court may, for reasons to be recorded, allow file his claim before the
court. The court after giving notice to the prosecution and hearing the
parties, shall decide the claim.".
9. Amendment of Section 11W Act, XXVII of
1997.In the said Act, in Section
11W, in sub-section (1),
(a) after
the words "video-cassettes", the words and commas " or any form
of data, storage devise, FM radio station or by any visible sign" shall be
inserted;
(b) after
the word "method", the words "or means of communication" shall
be inserted; and
(c) after
the word "which" the words "glorifies terrorists or terrorist activities
or" shall be inserted.
10. Amendment of Section 12 Act, XXVII of
1997.In the said Act, in Section
12,
(a) in
sub-section (1), after the word "Province" the words "or the
(b) in
sub-section (3), after the word "Province" the words "or the
11. Amendment of Section 13, Act XXVII of
1997.In the said Act, in Section
13, in sub-section (1), for the word brackets and figures " referred to in
sub-section (2) and sub-section (3) of Section 39A" the words " under
this Act" shall be substituted.
12. Amendment of Section 19, Act XXVII of
1997.In the said Act, in Section
19,
(a) for
sub-section (1), the following shall be substituted, namely:
"(1)
The offences under this Act shall be investigated by a police officer not below
the rank of inspector. The Government, if deems necessary, may constitute a
Joint Investigation Team (JIT) of the officers from other law enforcement
agencies including intelligence agencies for assisting the Investigating
Officer. The Investigating Officer or the JIT shall complete the investigation
in respect of cases triable by the court within thirty working days and forward
a report under Section 173 of the Code directly to the court:
Provided that, where investigation is
not completed within a period of thirty days from the date of recording of the
first information report under Section 154 of the Code the Investigation
Officer or the JIT shall, within three days after expiration of such period,
forward to the court through the Public Prosecutor, an interim report under Section
173 of the Code, stating therein the result of investigation made until then
and the Court shall commence the trial on the basis of such interim report,
unless, for reasons to be recorded, the court decides that the trial may not so
commence." ;
(b) after
sub-section (1), substituted as aforesaid, the following new sub-section shall
be inserted, namely:
"(1A)
Notwithstanding anything contained in any other law for the time being in
force, the Federal Government may, in respect of any case registered by or
under investigation with, the Police or any other investigation agency or
authority, by order in writing, entrust inquiry or such investigation to such
agency or authority as it may deem fit and thereupon the Police, or any other
investigation agency or the authority shall transfer the record of the case to
such agency or authority."; and
(c) in
sub-section (10) in the first proviso, for the words "three national daily
newspapers out of which one shall be in Urdu language" the words "in
one daily newspaper including Sindhi language" shall be substituted.
13. Insertion of new section, Act XXVII of
1997.In the said Act, after
Section 19, the following new section shall be inserted, namely:
"19-A.
Mode of making searches and arrest.The provisions of the Code, except that of Section 103, shall mutatis mutandis, apply to all searches
and arrest by police officer and an officer of equivalent rank of the law
enforcement agencies made under this Act.".
14. "Amendment of Section 21D, Act XXVII
of 1997.In the said Act, in
Section 21D, in sub-section (5),
(i) in
clause (a), after the word "required" the words "including very
high bail sureties" shall be inserted; and
(ii) in
clause (b), after the word "crime", the comma and words",
including surveillance of the person granted bail to monitor his activities and
requiring him to report to the concerned police station at specified intervals
as determined by the court" shall be inserted.".
15. Amendment of Section 21E, Act XXVII of
1997.In the said Act, in Section
21E.
(a) in
sub-section (1), after the words not less" the words "fifteen days and
not more" shall be inserted;
(b) in
sub-section (2), in the proviso for the word "thirty" the word
"ninety" shall be substituted; and
(c) in
sub-section (3), for the full stop at the end a colon shall be substituted and
thereafter the following proviso shall be added, namely:
"Provided that the Magistrates
appointed under the Shariah Nizam-e-Adl Regulation, 2009 shall also have the
same powers as given to a court under this section.".
16. Insertion of Section 21EE, Act XXVII of
1997.In the said Act, after
Section 2IE, the following new section shall be inserted, namely:
"21EE
Power to call information etc.(1)
The Superintendent of Police during the course of investigation or an
equivalent officer of security forces operating in aid of civil power under Sections
4 and 5, may by an order in writing, on the request of the Joint Investigation
Team,
(a) call
for information from any person for the purpose of satisfying himself whether
there has been any contravention of the provisions of this Act or any rule or
order made there under;
(b) require
any person to produce or deliver any document or thing useful or relevant to
the inquiry or investigation;
(c) examine
any person acquainted with the facts;
(d) with
the permission of the Anti-terrorism Court, require any bank of financial
institution, notwithstanding anything contained in any other law for the time
being in force, to provide any information relating to any person, including
copies of entries made in the bank's or a financial institution's book,
including information of transactions saved in electronic or digital form which
are reasonably believed to be connected with commission of an offence under
this Act and the keeper of such books or records shall be obliged to certify
the copies in accordance with law; and
(e) require
information or obtain record of telephone and mobile phone data, e-mail, MMS
and CNIC and encrypted messages or any other information suspected to be linked
in any manner with commission of an offence under this Act, from any service
provider company of department.
(2) The
copies obtained, information received or evidence collected in pursuance of
clauses (d) and (e) of sub-section (1) shall be kept confidential and shall not
be divulged to any un-authorized person or used for any purpose other than the
legal proceedings under this Act.
(3) Any
contravention of an order made under sub-section (1) shall be punishable with
imprisonment which may extend to two years or with fine which may extend to one
hundred thousand rupees or with both".
17.
Amendment of Section 21F, Act XXVII of 1997.In the said Act, in Section 21F,
(a) the
words and comma "other than a child," and the comma and words "unless
granted by the Government" shall be omitted.
(b) for
the full stop at the end, a colon shall be substituted and thereafter the
following proviso shall be inserted, namely:
"Provided
that in case of a child convicted and sentences for an offence under this Act,
on satisfaction of Government, may be granted remission, as deemed
appropriate.".
18. Amendment of Section 21G, Act XXVII of
1997.In the said Act, in Section
21G, for the full stop, at the end, a colon shall be substituted and thereafter
the following proviso shall be added, namely:
"Provided that the Courts of Zila Qazi
or Azafi Zila Qazi established under the Shariah Nizam-e-Adl Regulation, 2009
shall deemed to be the court and shall try all cases so assigned to them by the
administrative judge designated under sub-section (2) or sub-section (4) of Section
13, as the case may be."
19. Amendment of Section 25, Act XXVII of
1997.In the said Act, in Section
25;
(a) in
sub-section (3), for the word "seven" the word "fifteen"
shall be substituted; and
(b) in
sub-section (4), for the word "fifteen" the world "thirty"
shall be substituted.
20. Insertion of new Section 27A, Act XXVII of
1997.In the said Act, after
Section 27, the following new section shall be inserted, namely:
"27A
Presumption of proof against accused.Any person having in possession any explosive substance with or without
explosive devices without lawful justification or having been unlawfully
concerned with such explosive substance and devices, shall be presumed, unless
contrary is proved, that the explosive substance was for the purpose of
terrorism.".
21. Amendment of Section 28, Act XXVII of
1997.In said Act, in Section
28, after the word "concerned" the words "on the application of
any party to the proceedings" or on the application of the Federal
Government or a Provincial Government shall be inserted.
22. Substitution of Section 35, Act XXVII of
1997.In the said Act, for Section
35 the following shall be substituted, namely:
"35.
Powers to make rules.The
Federal Government or a Provincial Government may, by notification in the
official Gazette, make rules for carrying out the purposes of this Act."
------------------------------
ACT NO XII OF 2013
DEFENCE HOUSING AUTHORITY
An Act to provide for establishment of
Defence Housing Authority
[Gazette of
No.
F. 9(7)/2013-Legis:The
following Act of Majlis-e-Shoora (Parliament) received the assent of the
President on
WHEREAS it is expedient to establish Defence
Housing Authority Islamabad for the purpose and object of carrying out schemes
and projects of land development, inter-alia
for welfare of the bereaved families of martyrs, war injured, disabled and
other persons of the defence forces of Pakistan to boost their morale; to
provide financial security in recognition of their selfless services for the
defence of the nation; and to provide for ancillary matters;
It is hereby enacted as follows:
1. Short title, extent and commencement.(1) This Act may be called the Defence
Housing Authority Islamabad Act, 2013.
(2) It
extends to the specified area in
(3) It
shall come into force at once and shall be deemed to have taken effect on and
from
2. Definitions.In this Act, unless there is anything
resurgent in the subject or context,
(a) "Administrator"
means the Administrator appointed under Section 8;
(b) "Authority"
means the Defence Housing Authority Islamabad established under Section 3;
(c) "Chairman"
means Chairman of the Governing Body;
(d) "Executive
Board" means Executive Board constituted under this Act;
(e) "Governing
Body" means Governing Body constituted under Section 4;
(f) "Government"
means the Federal Government;
(g) "member"
means a member of the Authority and includes the Chairman;
(h) "prescribed"
means prescribed by rule or regulations made under this Act;
(i) "President"
means President of the Executive Board;
(j) "project"
means any project of development of land undertaken or planned by the Authority
in the specified area;
(k) "Scheme
means any scheme, plan, facility or project for development of land for
residential or commercial use undertaken, planned or made and approved by the
Authority under this Act;
(l) "Secretary"
means Secretary of the Authority;
(m) "specified
area" means all land owned, purchased or procured by or vested in or
leased to the Army Welfare Housing Scheme or the Defence Housing Authority
Islamabad constituted under any law before the commencement of this Act in
Islamabad Capital Territory and such other land as may, from time to time, be
purchased or procured by or leased to the Authority in Islamabad Capital
Territory and notified by the Government; and
(n) "Vice-President"
means Vice-President of the Executive Board.
3. The Authority.(1) There shall be established an Authority
to be known as Defence Housing Authority Islamabad for carrying out purposes of
this Act.
(2) The
Authority shall be a body corporate having perpetual succession and common seal
with power to purchase, procure, sell, exchange, hold and dispose of property
and shall by the said name, sue and be sued.
(3) The
head office of the Authority shall be at
(4) While
designing, planning and executing a scheme in the specified area, the Authority
shall adhere to the master plan of Islamabad and ensure that all public roads
and revenue paths leading to and from the adjoining areas and access to
graveyards shall, as far as possible, be maintained and no change or alteration
shall be made in such roads, paths or access except with prior approval of the Government.
(5) Subject
to the financial viability of a Scheme, the Authority shall reserve in a scheme
in the specified area at least fifty per-cent quota for the bereaved family of
the martyrs, war injured, disabled and junior ranks from sepoys to junior commissioned
officers of the defence forces of Pakistan.
4. Governing Body.(1) The general administration, supervision
and control of the affairs of the Authority shall vest in the Governing Body,
which shall consist of,
(a) Secretary, Ministry of Defence; Chairman
(b) Adjutant General Pakistan Army; Vice-Chairman
(c) a serving or retired Major General of
Chief of Army Staff: Member
(d) Chief Commissioner,
(c) Administrator; Member
(f) Chairman, Capital Development
Authority; and Member
(g) Secretary. Member-cum-Secretary
(2) The
Governing Body shall,
(a) review
progress and activities of the Authority;
(b) lay
down policy for guidance of the Executive Board;
(c) consider
and approve budget and audit reports of the Authority; and
(d) transact
such other business of the Authority as the Executive Board may place before it.
5. Executive Board.(1) There shall be an Executive Board which
shall exercise such administrative executive and financial powers of the Authority
and do all such acts and functions as the Governing Body may delegate or assign
to it.
(2) The Executive Board shall consist of,
(a)
(b) a serving or retired Major General
of
the Chief of Army Staff; Vice-President
(c) Administrator; Member
(d) Secretary
of the Authority to be
appointed by the President; and Secretary
(e) two
residents of Schemes of the
Authority Co-opted
Members
(3) The
Government shall, for a period not exceeding five years at a time, appoint the
co-opted members in accordance with the regulations but they shall serve during
the pleasure of the Government.
(4) In
the performance of its functions, the Executive Board shall comply with the
directions of Governing Body.
6. Powers and functions of Executive Board.(1) Subject to all applicable laws and provisions
of this Act, the Executive Board may take such measures and exercise such
powers as may be necessary for proper planning and development of the specified
area and for carrying out purposes of this Act.
(2) Without
prejudice to the generality of the foregoing powers, the Executive Board may,
in accordance with all applicable laws, rules and regulations,
(a) purchase, procure, hold,
manage, reclaim and take possession of any property in the specified area;
(b) prepare, plan, develop,
notify, execute, implement, maintain, manage and regulate any scheme in the
specified area;
(c) enter into contracts,
arrangements, joint ventures, and agreements with any person, for preparation,
planning, development, execution, implementation and maintenance of schemes in
the specified area and for carrying out purposes of this Act;
(d) incur any expenditure and
procure plant, machinery, equipment, instrument and necessary materials;
(e) carry out, maintain,
arrange, manage and provide all facilities, services and utilities, including
water, electricity, gas and sewerage in schemes in the specified area so as to
ensure that the property is maintained up to the required standards for benefit
of the residents;
(f) plan,
approve and execute mergers and amalgamations with other housing schemes or
cooperative housing societies subject to approval of the competent authorities
of those housing schemes or housing societies for merger and amalgamation;
(g) impose,
vary and recover development charges and transfer fees in respect of any land
within any scheme in the specified area;
(h) lease,
purchase procure, sell, exchange, mortgage, rent out or otherwise dispose of
any property vested in the Authority;
(i) cancel
or re-plan any scheme or part thereof in the specified area;
(j) apply
for acquisition of land to the Government for initiation and completion of
process of land acquisition in accordance with the law governing land
acquisition; and
(k) do
all such acts deeds and things that may be necessary or expedient for the
purpose of proper preparation, planning, development, execution,
implementation, management and maintenance of residential and commercial
facilities in the schemes in the specified area.
(3) The
Executive Board shall meet as and when required or considered necessary by the
Administrator, in consultation with the President.
(4) The
Executive Board shall transact such business at a meeting as the Administrator
may place before it:
Provided that the Defence Housing Authority
shall obtain N.O.C from civic amenities providing agencies who are responsible
for supply of services like water, sewerage and sanitation etc, and civic
utilities like electricity, gas and telephone etc. working as autonomous bodies.
7. Powers of the Executive Board to borrow.Subject to the Government's rules and
guidelines, the Executive Board may obtain loans for the purposes of generating
capital for its schemes.
8. Administrator.(1) The Chief of Army Staff shall nominate a
person not below the rank of serving or retired Brigadier of Pakistan Army, as
Administrator of the Authority.
(2) The Administrator shall be the chief
executive officer of the Authority.
9. Powers and functions of the
Administrator.(1) Subject
to provisions of this Act and the regulations, the Administrator shall exercise
all executive powers of the Authority, delegated to him or otherwise, in
accordance with the policy laid down by the Governing Body and the directions
or decisions of the Executive Board.
(2) The Administrator may, either by himself or
through any officer appointed by the Executive Board in this behalf, carry on
the correspondence and shall sign, verify, pursue and file all pleadings and
such other documents on behalf of the Authority, in any suit, appeal, petition
and proceedings which may be instituted, prepared and filed by or against the
Authority in or before any court, tribunal or authority.
(3) The
Administrator may, with approval of the Executive Board, delegate any of his
specified powers to any of his sub-ordinate staff, including but not limited to
sign contracts, pleadings or any other legal instruments on behalf of the
Authority.
(4) Subject
to conditions of delegation of the authority, the authorized officer shall
exercise the power of signing the instrument after its approval by the
Executive Board or, as the case may be, the Administrator.
10. Meetings.(1) The Governing Body shall meet at least
once each year on such date, time and place as may be fixed by the Chairman.
(2) The
Chairman and, in his absence, the most senior member of the Governing Body
shall preside over meetings of the Governing Body.
(3) The
President and, in his absence, the most senior member of the Executive Board
shall preside over meetings of the Executive Board.
(4) The
quorum of a meeting of the Governing Body or the Executive Board shall be a
majority of the total membership.
(5) The
Secretary shall record, maintain and keep the minutes of meetings of the
Governing Body and the Executive Board.
11. Appointments.The Executive Board may, in such manner and
on such terms and conditions as may be prescribed, appoint such officers,
functionaries, employees, staff, experts, consultants and advisers as may be
necessary for purposes of this Act.
12. Annual report and accounts.As soon as may be after conclusion of a
financial year but before the 31st day of December, the Executive Board shall in
respect of the said financial year, submit to the Governing Body a general
report on its affairs including accounts, balance sheet and audit.
13. Delegation of powers.Subject to this Act and the specified conditions,
the Governing Body, the Executive Board and the Administrator may, by order in
writing, delegate to any person to exercise any of their powers and perform such
functions and duties as may be specified in the order.
14. Committees.The Governing Body and the Executive Board
may constitute such committees and assign to them such functions as may be
necessary for efficient performance of their respective functions.
15. Authority Fund.(1) There shall be a fund to be known as the Defence
Housing Authority Islamabad Fund which shall vest in the Authority and to which
shall be credited all moneys received by the Authority.
(2) The
fund shall be kept in a scheduled bank or financial institution and shall be
utilized and regulated in such manner as may be prescribed.
(3) The
funds may, with approval of the Executive Board, be invested in any banking,
financial or non-banking financial institution.
16. Budget, audit and accounts.The budget of the Authority shall be approved
by the Governing Body and its accounts shall be maintained and audited in such
manner as may be prescribed.
17. Power to cancel allotment.The Executive Board may cancel revoke or
rescind any allotment, transfer, licence lease or agreement in respect of any
plot or housing unit in a scheme in the specified area if the allottee,
transferee, licensee or lessee fails to pay the dues or installments, including
development charges, in respect of such plot or housing unit within three
months from the date of receipt of the demand notice in writing or within such
extended time as the Governing Body or the Executive Board may, in special
cases, fix and thereupon the plot or the housing unit, with or without
construction thereon, shall be resumed and shall vest in the Authority.
18. Conversion of property to a different use.(1) If a person converts without previous
written approval of the Authority, any property in a scheme in the specified
area to a use or purpose other than the one provided under the scheme, such
person shall be liable to fine which may extend to two thousand rupees per day from
the date of the conversion of the property till the default continues.
(2) The
Authority shall not impose the fine under sub-section (1) unless the person
concerned is afforded an opportunity of being heard.
19. Removal of building erected or used in
contravention of the Act.(1)
If any land is used or building, structure, work on land is erected,
constructed or used in contravention of the provisions of this Act or any
regulations or orders made thereunder, or in contravention of the Scheme or
without the permission of the Authority, the Authority or any person authorized
by it in this behalf, may, by order in writing, require the owner, occupier,
user or person in control of such land, building, structure, work on land to
remove, demolish or alter the building, structure or work or to use it in such
manner as may bring such erection, construction or use in accordance with the
provisions of this Act.
(2) If
an order under sub-section (1), in respect of any building, structure work or
land is not complied with in such time, as may be specified therein, the
Authority or any person authorized by it in this behalf, may, after giving the
person concerned an opportunity of being heard, remove, demolish or alter the
building, structure or work, or stop the use of the land, or seal the building,
premises and in so doing, may use such force as may be necessary and may also
recover the cost thereof from the person responsible for the erection, construction,
or use of the building, structure, work or land.
20. Power to make regulations.(1) The Governing Body may, for carrying out
the purposes of this Act, make regulations, not inconsistent with this Act or
any other law, rules, regulations or bye-laws for the time being in force in
the Specified Area.
(2) The
Executive Board may, with the prior approval of the Governing Body, frame
regulations relating to the terms and conditions of service of employees, staff
and consultants of the Authority.
21. Act not to override other laws.The provisions of this Act shall be in
addition to and not in derogation of any other law for the time being in force.
22. Transfer and savings.(1) After, on the repeal of the Defence Housing
Authority Islamabad Ordinance, 2010 (XV of 2010) and on commencement of this
Act, to the extent of Specified Area in
(a) all
assets, rights, powers, authorities and privileges and all property, movable
and immovable, cash and bank balances, reserve funds, investments and all other
interests and rights in or arising out of such property and all liabilities and
obligations of whatever kind of the Defence Housing Authority Islamabad
established before this Act, shall be transferred to and vested in the
Authority;
(b) all
contracts and agreements entered into, all rights acquired and all matters and
things agreed to be done by, with or for the Defence Housing Authority
Islamabad established before this Act, shall be deemed to have been entered
into, acquired or agreed to be done by, with or for the Authority;
(c) all
leases executed and all grants made and all lands vested in the name of the
Defence Housing Authority Islamabad established before this Act, shall be
deemed to be leases executed, grants made and property vested in the name of
the Authority;
(d) all
contracts, projects, schemes, work (whether in progress or not) and all
guarantees, undertakings, obligations, liabilities and mortgages, executed or
subsisting in the name of the Defence Housing Authority Islamabad established
before this Act, shall be deemed to be contracts, projects, schemes, works,
guarantees, undertakings, obligations, liabilities and mortgages of the
Authority;
(e) all
pending disputes in respect of the Defence Housing Authority Islamabad
established before this Act, shall stand transferred to this Authority and be
decided by the Administrator and any party aggrieved by his decision shall have
the right of appeal to the Executive Board whose decision thereon shall be
final;
(f) all
suits, petitions and other legal proceedings instituted by or against the
Defence Housing Authority Islamabad established before this Act, shall be
deemed to be suits, petitions, and proceedings by or against the Authority;
(g) all
allotments and transfers of plots, whether residential, commercial or
otherwise, made by the Defence Housing Authority Islamabad established before
this Act, shall be deemed to be allotments and transfers made by the Authority;
and
(h) all
bye-laws and regulations in force immediately before the commencement of this
Act made by
the Defence
Housing Authority
Islamabad established before this Act, shall continue to remain in force until,
altered or repealed by regulations made under this Act.
(2) Notwithstanding
anything contained in sub-section (1), the Executive Board may:
(a) alter the area of any plot
involving duplicate allotments and re-allot the same in such manner as it may
consider appropriate; and
(b) pass such order in respect
of transfer of plot involving duplicate allotments as it may deem fit.
23. Appeal.Any person aggrieved by an order of cancellation under Section 17, or
imposition of fine under Section 18, or an order under Section 19, or an order
of the Executive Board under Section 22 may, within 15 days of the communication
of the order, file an appeal before the Governing Body, whose decision shall be
final.
24. Validation.All actions done or taken by the Defence
Housing Authority Islamabad before the commencement of this Act shall be deemed
to be validly done or have been taken to the extent they are consistent with
this Act.
25. Removal of difficulty.If any difficulty arises in giving effect to
any provision of this Act, the Government may, within one year of the
commencement of this Act, give such directions, not inconsistent with the
provisions of the Act, as it may consider necessary for the removal of such
difficulty.
------------------------------
RULES, 2013
[Gazette of
S.R.O.
184(I)/2013, dated 7.3.2013.In
exercise of the powers conferred by Section 55 of the Legal Practitioners &
Bar Councils Act, 1973 (XXXV of 1973) and other enabling provisions in this
behalf, the Pakistan Bar Council hereby makes and notifies the following
amendments in the Pakistan Legal Practitioners & Bar Councils Rules, 1976:
1. Short title and commencement:
(i) These Rules may be called
the Pakistan Legal Practitioners & Bar Councils (Amendment) Rules, 2013.
(ii) They
shall come into force at once.
2. Amendment of Rule 108B:
The following new clause (I) may be added
after existing clause (k) of Rule 108B:
"(1) Certificate/Result Card issued by
the National Testing Service (NTS) or any other authority duly notified by the
Pakistan Bar Council, as to applicant's having passed the Assessment Test. The
National Testing Service (NTS) shall hold the Assessment Test twice in a
year."
3. Amendment of Rule 108C:--
(a) Before existing first
proviso to Rule 108C (1) the following new proviso may be inserted:--
"Provided that
before commencing the pupilage and filing intimation to the Provincial Bar
Council concerned the applicant must undertake and pass an Assessment Test as
mentioned in Rule 108B(l). The applicant may apply to the National Testing
Service (NTS) or any other authority duly notified by the Pakistan Bar Council,
to appear in the Assessment Test after passing the L.L.B. examination and will
be afforded three chances to qualify the Assessment Test."
(b) The word "also"
between the words "Provided" and "that" may be inserted in
existing first proviso.
---------------------------
ACT No. III OF 2013
TRADE DEVELOPMENT AUTHORITY OF
An Act to provide for establishment of the
Trade Development Authority of
[Gazette of
No.
F. 9(19)/2012-Legis.The
following Act of Majlis-e-Shoora (Parliament) received the assent of the
President on
WHEREAS it is expedient to provide for the
development and promotion of exports of
AND WHEREAS there is a need to provide a
dedicated effective and empowered organization within the Ministry of Commerce
responsible and accountable for maximization of exports;
AND WHEREAS there is a need to provide
effective support and structured interaction with stakeholders in formulation
of consistent, practical and effective trade policies, regulations and trade
development initiatives;
AND WHEREAS there is a need for establishing
greater clarity of institutional arrangements and linkages for purposes of
policy formulation and the development of initiatives and implementation
thereof amongst the Ministry of Commerce, trade development organizations and
the private sector;
It is enacted as follows:
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.(1) This Act may be called the Trade
Development Authority of Pakistan Act, 2013.
(2) It
extends to the whole of
(3) It
shall come into force at once.
2. Definitions.In this Act, unless there is anything
repugnant in the subject or context,
(a) "Authority"
means the Trade Development Authority of Pakistan established under Section 3;
(b) "Board"
means the Trade Development Authority of Pakistan Board established under Section
12;
(c) "Chairman"
means the Chairman of the Board;
(d) "Chief
Executive" means the Chief Executive of the Authority appointed under Section
5;
(e) "civil
servant" means a civil servant as defined in the Civil Servants Act, 1973
(LXX1 of 1973);
(f) "Commerce
and Trade Group" means the Commerce and Trade Group created under the
Administrative Reforms of 1973 vide Establishment Division's O.M.
No.6/2/75-ARC, dated the 8th May, 1975;
(g) "Commerce
and Trade Group officer" means civil servant belonging to the Commerce and
Trade Group of the civil service of
(h) "committee"
means a committee of the Board constituted under Section 15;
(i) "critical
success factors" means factors which are critical to the achievement of
the performance desired by the Authority;
(j) "Directors-General"
means the Directors General of the Authority;
(k) "EMDF"
means Export Marketing Development Fund established through Resolution No.
P5(5)/65, dated
(l) "EMDF
Board" means the EMDF Board set up under Resolution No. P5(5)/65, dated
(m) "employee"
means any officer or servant of the Authority;
(n) "Executive
Committee" means Executive Committee of the Board formed under sub-section
(8) of Section 12;
(o) "exporter"
means any individual or entity exporting goods or services;
(p) "Export
Promotion Bureau" means the Export Promotion Bureau established vide
Ministry of Commerce Order No. 28(19)-CEI/63, dated
(q) "Fund"
means the fund established under Section 23;
(r) "key
performance indicators" means indicators that serve to measure performance
of the Authority;
(s) "member"
means a member of the Board;
(t) "prescribed"
means prescribed by rules or regulations;
(u) "private
sector person" means a person who is not in the service of Pakistan or of
any statutory body or any body which is owned or controlled by the Federal
Government or a Provincial Government including an officer of Chambers of
Commerce and Industry and other trade bodies, a university or an educational
institution;
(v) "regulations"
means the regulations made under this Act;
(w) "resolution"
means the EMDF Resolution No.P5(5)/65, dated
(x) "rules"
means the rules made under this Act;
(y) "Secretary"
means the Secretary of the Authority appointed under Section 6;
(z) "sectoral"
means the sectoral board; and
(za) "supply chain
management" means all activities, policies, and regulations etc.
undertaken by the public or private sectors that impact upon production of
goods and the provision of services for exports and imports which shall include
but not be limited to, the sourcing of materials, production, logistics,
infrastructure, financing, human resources, productivity, technology,
environment and up to the delivery of finished goods to the port of
destination.
CHAPTER-II
THE AUTHORITY
3. Establishment of the Authority.(1) An Authority to be called the Trade
Development Authority of Pakistan is hereby established under administrative
control of the Ministry of Commerce.
(2) The
Authority shall be a body corporate have perpetual succession and a common seal
with powers, subject to the provisions of this Act, to enter into contracts,
acquire, purchase, hold and dispose of both movable and immovable property
including mortgage thereof and shall by its name sue or be sued.
(3) The
Authority shall comprise the Chief Executive, the Secretary and such number of
officers of the Authority as determined by the Board and shall function in accordance
with the rules.
(4) All
assets, liabilities, inclusive of, but not limited to, intellectual property of
Export Promotion Bureau shall stand transferred to the Authority on the commencement
of this Act.
(5) The
Authority shall have exclusive right to have and use all emblems, motto, logo,
decorations, descriptive or designating marks and title now used by the Authority,
the name "Trade Development Authority of Pakistan" or any similar grammatical
variation thereof. The Authority shall also have exclusive right to use any
emblems, motto, logo, decorations, descriptive or designating marks or titles hereafter
adopted by the Board for carrying out its objectives.
4. Regional offices of the Authority.The Authority may, with prior approval of the
Board, establish and close down its offices at such places in
5. Chief Executive.(1) There shall be a Chief Executive of the Authority
who shall be appointed by the Federal Government.
(2) The
tenure of the Chief Executive shall be three years extendable by the Federal
Government. The Chief Executive shall, however, serve at the pleasure of the
Federal Government.
(3) The
Chief Executive shall be a person of high integrity, in full time employment of
the Authority and shall have relevant professional qualifications, relating to
domestic and international trade, expertise, experience and knowledge of local
and international markets and with a successful track record.
(4) The
Chief Executive shall be the principal accounting officer and shall, together
with the Secretary, Directors General and any other officer nominated by the
Board, be responsible for the management of all affairs of the Authority and achievement
of desired objectives. Subject to the rules made by the Authority, the Chief
Executive shall be assisted by other sub-ordinate officers and servants in carrying
out the functions of the Authority. The Chief Executive shall report to the Board
on all matters including those delegated by him to the sub-ordinate officers in
the Authority.
(5) The
Chief Executive shall be paid such remuneration as may be prescribed by the
Federal Government.
6. Secretary.(1) There shall be a Secretary of the
Authority in BPS-21 or above of the services of the Federation who shall be
appointed by the Federal Government.
(2) The
Secretary shall report to the Chief Executive. The Chief Executive and
Secretary shall, together with the Directors General and any other officer nominated
by the Chief Executive, be responsible for the day to day implementation of the
approved plans diligently, timely and effectively. Subject to the regulations made
by the Board, the Secretary shall be assisted by other sub-ordinate officers and
servants in carrying out the functions of the Authority.
(3) The
salary, allowances, privileges and other facilities of the Secretary shall be
prescribed by rules.
(4) The
Secretary shall provide all secretarial services to the Board.
(5) Annual confidential report of the Secretary
shall be initiated by the Chief Executive and countersigning authority shall be
the Minister for Commerce.
7. Working relationship between Chief
Executive and Secretary.In
case of a dis-agreement between the Chief Executive and the Secretary on a matter
of policy or an individual issue, the Secretary shall have recourse to submit the
matter to the Chairman of the Board initially via the Chief Executive, and in
the final resort, directly if the Chief Executive, does not refer the case to
the Chairman of the Board.
8. Human resources of the Authority.(1) The human resources of the Authority
shall comprise the following, namely:
(a) Commerce
and Trade Group officers posted against their encadred posts;
(b) contract
employees paid from regular budget of the erstwhile Export Promotion Bureau;
(c) contract
employees paid from the EMDF in the erstwhile Export Promotion Bureau;
(d) Government
officers on deputation; and
(e) employees
in BPS-01 to 16 paid from regular budget of erstwhile Export Promotion Bureau
who continue to remain civil servants.
(2) Notwithstanding
anything contained in any law, for the time being in force, any rule or
regulation or administrative order or other provisions of this Act, all posts
of Commerce and Trade Group presently in the Export Promotion Bureau shall
stand transferred to and encadred in the Authority alongwith their legal and financial
implications. The Authority may recommend to the competent authority to take
disciplinary action against any such employee.
(3) The
terms and conditions of service of any person referred to in sub-section (2)
shall not be varied by the Authority to his dis-advantage.
(4) The
Ministry of Commerce shall continue to be the administrative Ministry for the
Commerce and Trade Group. Matters relating to postings and transfers of
officers belonging to Commerce and Trade Group in the Authority shall be made
in consultation with the Authority.
(5) The
Authority may, from time to time, employ persons to be employees of the
Authority who shall be paid such market based remuneration and allowances in
accordance with rules and regulations approved by the Board. These employees of
the Authority shall hold office during the pleasure of the Authority and shall
be liable to disciplinary action in accordance with the rules made hereunder.
(6) Posting
of all Government servants in BPS-17 and above, in or out of the Authority,
shall be made after consultation with the Chief Executive, who shall have the
right to recommend surrender of those officers back to the Federal Government.
9. Appointment of advisers, consultants and
service providers.(1)
Subject to sub-section (2), the Authority may, with prior approval of the
Board, employ consultants, agents, technical, professional advisers and service
providers, within or outside Pakistan, including, advertising agents, event
managers, designers, business representatives, public relations persons,
architects, bankers, surveyors, valuers, accountants, lawyers and persons in
the field of information technology, communications, software and hardware to
transact any business or to do any act required to be transacted or done in the
exercise of its powers and in the performance of its functions or, for the
better achievement of the purpose of this Act.
(2) Any
decision of the Authority to employ advisers, consultants and service providers
shall be made exclusively and transparently by the Authority in accordance with
such policy guidelines as the Board may issue from time to time.
10. Delegation of the Authority's functions or
powers.(1) The Authority
may, subject to such conditions and limitations as the Board may deem fit to
impose, delegate any of its functions or powers to one or more of any officer
of the Authority.
(2) The
delegation of powers under this section shall not diminish the responsibility
or prevent the concurrent performance or exercise by the Authority of the
functions or powers so delegated.
11. Authority to furnish information.The Authority shall furnish, through Ministry
of Commerce, to the Federal Government, a Provincial Government or the Board,
such information with respect to implementation of any policy it is pursuing or
proposes to pursue in the performance of any of its functions under this Act as
the Federal Government or the Board may, from time to time, require.
CHAPTER-III
THE BOARD
12. Management.(1) The general direction and administration
of the Authority and its affairs shall vest in the Board.
(2) The
Federal Government shall establish a Board consisting of the following members,
namely:
(a) Federal Minister of Commerce Chairman
(b) Chief Executive of the Authority Vice-Chairman
(c) Secretary, Ministry of Commerce Member
(d) Secretary, Ministry of Finance Member
(e) Secretary, Ministry of Industries Member
(f) Secretary, Ministry of Production Member
(g) Secretary, Ministry of Textile Industry Member
(h) Secretary, Board of Investment Member
(i) President of the Federation of
Chamber of Commerce and Industries Member
(j) One member each, to be appointed by
the Federal Government in consultation
with the Board, from the following private
sectors, namely:
i. leather
and leather garments; Member
ii. textile; Member
iii. value added textiles; Member
iv. rice; and Member
v. agriculture. Member
(k) One member each from the members
of Standing Committees of the National
Assembly and the Senate on Commerce. Member
(3) The
Federal Government may, by notification in the official Gazette, increase or
decrease the number of members of the Board and prescribe the qualification and
mode of appointment of such members in such manner as it may consider
necessary. The Federal Government shall have the power to appoint or remove any
member of the Board as may be prescribed.
(4) The
Secretary shall serve as the secretary of the Board.
(5) A
Member, not being an ex-officio
member, shall hold office for a term of three years and shall be eligible for
another term of three years, provided that a member who is a retired public
servant shall cease to hold office on attaining the age of sixty-five years.
(6) A
non-official ex-officio member shall
hold office as member till such time as he holds the office by virtue of which
he is a member and upon his transfer, retirement, resignation or removal from
office, the person appointed in place of such member shall hold office for the
remaining term of that member.
(7) If
an official ex-officio member is
absent from Pakistan or is unable to attend a meeting of the Board he may
authorize an officer not below the rank of Additional Secretary or equivalent
to attend the meeting and take decisions on behalf of the member. A
non-official ex-officio member may authorize his vice chairman or equivalent
for the purpose in a similar situation.
(8) The
Board shall form an Executive Committee consisting of the following, members:
(a) Chief Executive of the
Authority Chairman
(b) Secretary, Ministry of
Finance Member
(c) President
of the Federation of
Chamber of Commerce and Industry Member
(d) three
other members of the Board who
shall be from private sector Member
(9) The
Executive Committee shall be headed by the Chairman of the Board. The Board
may, from time to time, delegate or withdraw any or all of its powers to the
Executive Committee, which may take decisions on behalf of the Board. The Board
may change the composition of this Executive Committee as and when required.
13.
Meetings of the Board.(1) The Chairman shall call the meetings of
the Board, which shall meet as often as may be necessary for the performance of
its functions, but not less than once every three months.
(2) The
quorum for a meeting of the Board shall be the presence of at feast four
official ex-officio members including
the Chairman and three members from private sector. If the quorum is not
present at a meeting, the Chairman shall postpone the meeting and convene a new
meeting within two weeks and give notice of the date, time and place of the
meeting and in such meeting the Chairman may take decisions oven if the quorum
is not complete.
(3) The
decisions of the Board shall be taken by the majority of its members present.
In case of a tie, the Chairman or, in his absence, the person chairing the meeting
shall have a casting vole.
(4) Any
business, which may be necessary for the Board to transact urgently and decided
by the Chairman, may be carried out by circulation among all its members and
any proposal so circulated and approved by the majority of the members shall
require the approval of the Chairman.
(5) Subject
to the provisions of this Act, the procedure and conduct of business of the
Board shall be regulated by the regulations made by the Board.
14. Board may invite others to meetings.The Secretary of the Board may, with the
approval of the Chairman, invite any person to attend any of its meetings or
deliberations including any of its committees for the purpose of advising it on
any matter under discussion but any person so attending shall have no right to participate
in any decision or vote at the meeting or deliberations.
15. Committees of the Board.(1) Subject to sub-section (2), the Chairman
may constitute such number of committees of the Board as it considers necessary
or expedient to assist it in the performance of its functions under this Act.
(2) Any
committee constituted under sub-section (1) shall act in accordance with the
regulations made by the Board and shall include at least one officer of the
Authority nominated by the Chief Executive or in his absence by the Secretary.
CHAPTER-IV
CONFLICT OF INTEREST
16. Disclosure of interest by members.(1) A person shall be deemed to have an
interest in a matter if he has any interest, pecuniary or otherwise, in such matter
which could reasonably be regarded as giving rise to a conflict between his duty
to honestly perform his functions under this Act and such interest, so that his
ability to consider and decide any question impartially or to give any advice
without bias, may reasonably be regarded as impaired.
(2) A
person having any interest in any matter to be discussed or decided by the
Authority or the Board or a committee shall, prior to any discussion of the matter,
disclose in writing to the Authority, the Board or a committee, as the case may
be, the fact of his interest and the nature thereof.
(3) A
disclosure of interest under sub-section (2) shall be recorded in the minutes
of the Authority, the Board, or a committee, as the case may be, prior to any
discussion of, or decision on, the matter.
(4) Where
a member discloses his interest,
(a) he shall not, save as
provided in sub-sections (7), (8) and (9), take part nor be present in any
deliberations or decisions of the Authority, the Board or a committee, as the
case may be; and
(b) he shall be disregarded
for the purpose of constitution, of a quorum of the Board, the Authority or a
committee, as the case may be.
(5) Any
member or the member of a committee who fails to disclose his interest as
required by this section shall, on proof of such act as may be prescribed, be
liable to removal from the Board or the committee, as the case may be.
(6) It
shall be a valid defence for a person charged with the allegation of failure to
disclose his interest under sub-section (5), if he proves that he was not aware
of the facts constituting such allegation and that he exercised due care and diligence
in discovering the facts which he ought reasonably to have known in the circumstances.
(7) Every
member shall give written notice to the Authority of all direct or indirect
pecuniary interests that he has or acquires in a body corporate carrying on a
business in
(8) If
a member is not the Chairman and the Chairman becomes aware that a member has
an interest, the Chairman shall
(a) consider that the member
should not take part or continue to take part, as the case may require, in
determining the matter and direct the member accordingly; or
(b) in any other case, cause
the member's interest to be disclosed to the persons concerned in the matter
including any person whose application is pending decision or adjudication by
the Authority.
(9) The
member in respect of whom a direction has been given under clause (a) of
sub-section (8) shall comply with the direction.
(10) In
case the member is the chairman of a committee, he shall disclose his interest
to the Chairman who shall decide the matter as may be prescribed by regulations
made by the Board.
(11) Subject
to sub-section (8), the Chairman or the member or chairman of a committee who
has any interest in any matter referred to in this section shall not take part
or continue to take part as the case may require in determining the matter.
17. Disclosure of interest by others.(1) Where a person who, in the course of
(a) performing
a function or exercising a power, as a delegatee of the Board;
(b) performing
functions or service as an employee of the Authority; or
(c) performing
a function or services in any capacity by way of assisting or advising the
Authority, the Board, any Committee or any delegate of the Authority,
is required to consider a matter in which he
has an interest, such person shall forthwith give to the Authority a written
notice stating his interest in the matter and setting out particulars of the
interest.
(2) The
person referred to in sub-section (1) shall also declare his interest in
accordance with that sub-section whenever it is necessary to avoid the conflict
of interest.
(3) Where
a person discloses his interest in the matter under this section, the Authority
shall decide the matter as may be prescribed by regulations made by the Board.
CHAPTER-V
DISQUALIFICATION, REMOVAL, RESIGNATION AND VACANCIES
18. Disqualification of members.No person shall be appointed or continue as a
member if he
(a) has
been convicted of an offence involving moral turpitude;
(b) has
been or is adjudged insolvent;
(c) is
incapable of discharging his duties by reasons of physical, physiological or,
mental unfitness and has been so declared by a duly constituted medical board
appointed by the Federal Government;
(d) being
a member, absents himself from three consecutive meetings of the Board, without
leave of the Board and in the case of a non-official ex-officio or an ex-officio
member, fails to appoint another person to act as member under sub-sections (6)
and (7) of Section 12, as the case may be; or
(e) fails
to disclose any conflict of interest at or within the time provided for such
disclosure by or under this Act or contravenes any of the provisions of this
Act pertaining to un-authorized disclosure of information.
19. Removal, resignation and vacancies.(1) Subject to sub-section (2), appointment
of any member may, at any time, be revoked and he may be removed from his office
by order of the Federal Government if it is found that such person stands
disqualified under Section 18.
(2) Unless
a disqualification referred to in Section 18 arises from the judgment or order
of a court or tribunal of competent jurisdiction under any relevant provision
of applicable law, a member shall not be removed or his appointment revoked
without an enquiry by an impartial person or body of persons constituted in accordance
with such procedure, as may be prescribed by rules made by the Board in case of
a member and such rules shall provide for a reasonable opportunity for him to
be heard in his defence.
(3) A
member from private sector may at any time resign his office by a written
notice addressed to the Federal Government through the Board.
(4) The
office of a member shall ipso facto be vacated if he dies.
CHAPTER-VI
POWERS AND FUNCTIONS
20. Powers and functions of the Board.(1) The Board shall be the supreme decision
making body of the Authority having the power to supervise, control, direct and
regulate affairs of the Authority and shall have the following functions,
namely:
(a) to
establish short, medium and long term critical success factors and key
performance indicators for the Authority;
(b) to
review performance of the Authority annually including against pre agreed
critical success factors and key performance indicators;
(c) to
advise the Federal Government in the Ministry of Commerce;
(d) to
consider and approve with or without modification any rules and regulations
proposed to be made by the Authority under this Act;
(e) to
consider and approve with or without modification the budget for each financial
year of the Authority and approve expenditure therefrom;
(f) to
express its opinion in writing on any policy matter referred to it by the
Federal Government or the Authority; and
(g) to
exercise all such powers and perform all such functions as are conferred or
assigned to it under this Act.
(2) All
policy decisions, including any change in previously established policy, in
respect of all and any matters within the jurisdiction of the Authority shall be
made only by the Board. The Board may also adopt policy recommendations of the
Authority with or without modifications as the Board may deem fit in its sole discretion.
(3) The
Board shall have the authority to delegate any of its powers to Chief
Executive.
(4) The
Authority shall be the secretariat of the Board.
21. Powers and functions of the Authority.(1) The Authority shall have all such powers
as may be necessary to perform its duties and functions under this Act.
(2) The
Authority may, having regard to its functions and to exercise its powers
efficiently, organize itself into divisions, departments or such other sub-divisions
as it may consider expedient, with the approval of the Board.
(3) The
Authority may, having regard to its functions and to pursue the purposes of
this Act efficiently, appoint and notify any committees, bodies, form entities
etc. consisting of employees, persons of private sector or Government.
(4) The
Authority may, from time to time, identify matters suggesting to the Board to
make policy decisions and may also make recommendations regarding policy to the
Board for its consideration, provided that any matter referred to the Board by
the Authority shall require prior approval of the Chief Executive, except in
the case where the Chairman makes such a reference.
(5) Without
prejudice to the generality of the foregoing provisions of this section, the
Authority shall perform the following functions, namely:
(i) to
recommend to the Board a national policy for maximizing exports from
(ii) to
develop a consistent, sustainable and result oriented, holistic export
development plan, outlining vision, objectives, strategies and plans as
approved by the Board;
(iii) to
achieve synergy in development of exports at a national level by forging
effective liaison with private and public stakeholders and avoiding duplication
of efforts;
(iv) to
encourage and promote research in trade and policy related studies that may facilitate
in formulating an effective export policy and plans;
(v) to
plan and organize exhibitions and delegations to and from
(vi) to
plan and organize local, international and inter-provincial export promotional
conferences, workshops, seminars etc.;
(vii) to
plan and organize foreign trade promotion through advertising in local, and
international print, electronic and other appropriate media;
(viii) to
liaise with trade bodies abroad;
(ix) to
encourage and reward leading exporters from
(x) to
promote export of sectors where separate sectoral boards or bodies currently exist
or will be formed in the future, notwithstanding anything contained in any
other law for the time being in force;
(xi) to
examine supply chains of strategic export sectors and develop plans and
initiatives for strengthening supply base including exporters' capabilities and
capacities;
(xii) to sensitise and
co-ordinate through Ministry of Commerce, with concerned Ministries, Divisions
and Departments, for the development of sectoral road maps;
(xiii) to monitor progress
against these plans for information of the Board;
(xiv) to co-ordinate through
Ministry of Commerce, with the Federal and Provincial Governments and related
organizations, for a concerted supply chain initiative;
(xv) to provide visa assistance
to outgoing or incoming businessmen, whether Pakistani or foreign nationals, in
co-ordination with the Ministry of Foreign Affairs and foreign missions in
(xvi) to encourage, establish and
manage where appropriate export development centers, business support units,
display centers and facilities and information centers and exporters' training
institutes etc.;
(xvii) to promote exporters and
stakeholders' education and training of intermediaries of export related supply
chain;
(xviii) to encourage
organized development of export business and related corporate and commercial
sectors in
(xix) to facilitate availability
of finance to exporters, export oriented small and medium enterprises, risk
management of exporters and international buyers, energy and infrastructure
needs of exporters and related industrial areas and zones, quality management,
social, environmental and security needs and generally all aspects of export
facilitation etc.;
(xx) to encourage and promote
human resource development in the export sectors;
(xxi) to
encourage and promote and train new exporters;
(xxii) to promote export skill
development initiatives and related matters including training initiatives and
institutes;
(xxiii) to co-ordinate,
through Ministry of Commerce, with Federal and Provincial Governments agencies
and organizations with a view to achieving synergies thereby minimizing
duplication of effort;
(xxiv) to pursue with
respective stakeholders the development of policies, regulations and standards
for the export of goods and services;
(xxv) to
provide advisory support to stakeholders;
(xxvi) to
be responsible for all matters related to trade development and promotion by
commercial officers posted in Pakistani missions abroad. This shall include the
training, trade targets, monitoring and performance evaluation against these
trade targets. The Chief Executive of the Authority shall be a member of the
committee for selection of the commercial officers to be posted abroad;
(xxvii) to prepare and seek Board's approval
of the annual budget;
(xxviii) to manage funds available to the
Authority in accordance with rules and regulations approved by the Board;
(xxix) to
make rules for conduct of the Authority with approval of the Board including
rules for the management of
(a) human resources, including appointments,
remuneration, appraisals, resignations, allowances, incentives etc. of all
employees;
(b) incomes and expenses;
(c) procurement of goods and services;
(d) administrative and financial authority
policies and delegation thereof; and
(e) employee welfare funds and initiatives;
(xxx) to
have the administrative control of warehouses and other trade development
entities owned by the Authority in
(xxxi) to
establish its own stationery and supplies and printing source independent of
the Printing Corporation of
(xxxii) to export archives of the Authority;
(xxxiii) to use the training institutions,
corporate entities and facilities etc. established by the Authority for export
development purposes;
(xxxiv) to secure custody and preservation of
all documents submitted to and emanating from the Authority;
(xxxv) to set up national, Provincial and
sectoral trade committees;
(xxxvi) to implement directives of the
Federal Government and the Board relating to export development and promotion;
(xxxvii) to prepare annual report of the
Authority;
(xxxviii) to consider other matters referred
to the Authority by the Federal, a Provincial Government, a Division or a
Department;
(xxxix) to consider and suggest reforms of
the laws, rules and regulations relating to exports;
(xl) to
perform such functions and exercise such powers under this Act or any other law
for the time being in force as may, after the commencement of this Act, be
delegated to it by the Federal Government and exercising any power or
performing any functions conferred on it by or under any other law for the time
being in force;
(xli) to
inculcate a quality assured ethic in exporters while encouraging value addition
of exports;
(xlii) to
take initiatives for maintaining facilities etc. to improve the performance of exporters
in the interest of generating economic activity, reducing cost of doing
business and enhancing supply chain efficiency;
(xliii) to
maintain the confidence of exporters by appropriate communications;
(xliv) to
receive, process and store, efficiently and quickly, the documents lodged with,
and the information given to, it under this Act;
(xlv) to
ensure that the documents and information referred to in clause (xiiv) are
available as soon as possible for access by the public;
(xlvi) to
improve existing methods and devise new options for the expeditious settlement
of claims and disputes between exporters and their buyers;
(xlvii) to
promote establishment and development of professional, educational and training
organizations connected with exports with a view to improving the management of
export business; and
(xlviii) to promote awareness among exporters and buyers and all
relevant stakeholders with respect the benefits of exports and services of the
Authority and general policies of the Federal Government.
22.
Supplementary provisions.(1)
All guidelines, decisions and directives whether of the Board or the Authority
shall be in writing expressed by resolutions, orders or in such other form as
may be appropriate in the circumstances and shall be authenticated in the
manner prescribed by the regulations and where so provided by regulations, also
sealed with the seal of the Authority.
(2) All
policy decisions and directives of the Board and the Authority respectively shall
be published and the Board and the Authority shall make such publications
available to the public.
(3) The
Authority shall, in adjudicating upon the rights of any person whose application
on any matter it is required to consider in the exercise of any power or function
under this Act, give the reasons for its decision after giving the person right
of being heard.
CHAPTER-VII
FINANCE
23. Fund.(1) For the purpose of this Act, a non-lapsable Fund is, hereby, established
which shall be administered and controlled by the Authority.
(2) The
Fund shall consist of
(a) such sums as the Federal
Government may from time to time grant through non-lapsable regular budget;
(b) grants of money and sums
borrowed or raised by the Authority for the purposes of meeting any of its
obligations or discharging any of its duties;
(c) fees including fees
received from parties for participation in international trade fairs and
exhibitions as well as the booking of halls in Karachi Expo Centre for holding
fairs, exhibitions, seminars and conferences etc,
(d) penalties or other charges
levied or collected by the Authority; and
(e) all other sums or property
which may, in any manner, become payable to or vested in the Authority in
respect of any matter incidental to the exercise of its functions and powers.
(3) The
regular budget of defunct Export Promotion Bureau alongwith the EMDF, shall
vest in the Board which may approve release to the Authority.
(4) All
expenditure shall be incurred in accordance with financial and administrative
rules and regulations, approved by the Board.
(5) The
Authority may open and operate one account in Pak Rupees and one account in
foreign currency in any scheduled bank.
24. Budget.The Authority shall, in respect of each financial year, prepare its own
budget and submit it after obtaining approval from the Board to the Federal Government,
through the Ministry of Commerce, at least four months, before the commencement
of every financial year.
25. Expenditure to be charged on the Fund.(1) The Fund shall be expended for the
purpose of
(a) paying
any expenditure lawfully incurred by the Authority, including but not limited
to the remuneration, in cash or kind, of the Chief Executive, Secretary and
Director-Generals and all employees appointed and employed by the Authority including
performance bonuses, provident fund contributions, super-annuaing allowances or
gratuities and legal fees and costs and all other fees, expenses and costs;
(b) paying
any other expenses, costs or expenditure properly incurred or accepted by the
Authority in the performance of its functions or the exercise of its powers
under this Act;
(c) purchasing
or hiring equipment, hiring of premises, machinery and any other materials,
acquiring land and erecting buildings and carrying out any other work and
undertakings in the performance of its functions or the exercise of its powers
under this Act;
(d) repaying
any financial accommodation received or moneys borrowed under this Act and the
profit, return, mark-up or interest due thereon, howsoever called; and
(e) generally,
paying any expenses for carrying into effect the provisions of this Act.
(2) Within one hundred and twenty days of its
establishment, the Authority shall prepare and submit to the Board for its
approval, a budget for the period up to and including the end of the then
current financial year and thereafter it shall, not later than thirty days,
before the expiry of each financial year, submit to the Board for approval a
budget for the next financial year.
(3) Subject
to sub-section (4), no expenditure shall be made for which provision has not
been made in any approved budget except if made from any previously approved
funds, unless further approval is sought and obtained from the Board.
(4) The
Authority may transfer funds, with approval of the Board, from one head of
account to the other but the total expenditure shall not exceed the total approved
Budget. In exceptional cases a maximum of ten per cent of total budgeted expenditure
may be exceeded with the prior approval of the Board.
(5) The
Authority shall act as the secretariat of the Board and provide all the
necessary facilities to enable the Board to exercise its powers and perform its
functions under this Act and the necessary and proper expenses in that
connection shall form part of the budget of the Authority.
26.
Accounts and audit.(1) The Authority shall maintain complete and
accurate books of accounts of its actual expenses and receipts in such form as
the Federal Government may after consultation with the Controller General of
Accounts, direct.
(2) The
Authority shall also maintain its balance sheet, statement of income and
expenditures account and statement of sources and application of funds with explanatory
notes to the accounts, in accordance with international accounting standards
and other standards as notified by the Federal Government for this purpose.
(3) The
Authority shall cause to be carried out audit of its accounts by the Auditor
General of
(4) Notwithstanding
the audit provided in sub-section (3), the Auditor-General of
(5) The
Authority shall cause proper accounts to be kept and shall as soon as
practicable after the end of each financial year cause to be prepared for that
financial year a statement of accounts of the Authority which shall include a balance
sheet and an account of income and expenditure.
(6) The
auditors shall make a report to the Authority, upon the annual balance sheet
and accounts, and in any such report they shall state whether in their opinion
the balance sheet is a full and fair balance sheet containing all necessary particulars
and properly drawn up so as to exhibit a true and correct view of the affairs
of the Authority and, in case they have called for any explanation or information
from the Authority, whether it has been given and whether it is satisfactory.
(7) The
Authority shall, within one hundred and twenty days of the close of each
financial year, submit to the Board for approval an annual report of the
Authority alongwilh the report of Auditor General of
27. Power to obtain finance, borrow money and
receive grants.(1) The
Authority may, from time to time and with the approval of the Federal
Government, obtain finance or borrow money from sources within Pakistan or from
abroad, as the case may be, with such rate of return, profit, mark-up or
interest payable thereon, as the case may be, and for such period and upon such
terms as to the time and method of repayment and otherwise, in respect of any
sums required by the Authority for meeting any of its obligations or performing
any of its functions.
(2) The Authority may also accept, with the
approval of the Federal Government, grants, aid, loans etc. from entities both
domestic and international, including multilateral agencies.
28. Investment.(1) Subject to sub-section (2), the Authority
may, in so far as its moneys are not required to be expended under this Act,
invest in such manner as the Authority considers appropriate.
(2) The
Authority may invest its money in listed securities or any derivative thereof
subject to approval of the Board.
29. Bank accounts.The Authority may open and maintain its
accounts in rupees or in any foreign currency at such scheduled banks as it may
from time to time determine.
CHAPTER-VIII
GENERAL
30. Common seal.The Authority shall have a common seal and
such seal shall be kept in the custody of the Chief Executive or such other
person as may be authorized by regulations made by the Authority. Documents
required or permitted to be executed under seal shall be specified in and
authenticated in such manner as shall be authorized by regulations made by the
Authority with approval of the Board.
31. Public servants.(1) The members, employees and other persons authorized
to perform or exercise any function or power under this Act or rendering services
to Authority as consultant or adviser shall be deemed to be employees of the
Authority and their terms of employment shall be strictly governed by the regulations
made by the Authority and shall be deemed to be public servants within the
meaning of Section 21 of the Pakistan Penal Code (Act XLV of 1860).
(2) Save
as otherwise provided by this Act and only for the purpose so provided nothing
herein contained shall be construed to mean that any person referred to in
sub-section (1) is or shall be deemed to be in the service of
32. Appeal to the Appellate Bench of the
Board.(1) There shall be an
Appellate Bench to hear and adjudicate appeals against the decisions of the Authority.
(2) The
Appellate Bench shall consist of not less than three members of the Board who
shall be appointed by the Federal Government and the decision of the Appellate
Bench shall be expressed in terms of the opinion of the majority.
(3) Any
person aggrieved by the decision of the Authority, may within thirty days of
the decision prefer appeal to the Appellate Bench.
(4) Any
person aggrieved by the decision of the Appellate Bench may within thirty days
of the order or decision, prefer appeal to the Federal Government whose
decision shall be final.
33. Indemnity.No suit, prosecution or other legal
proceeding shall lie against the Federal Government or any Provincial
Government or local authority or any other person exercising any power or
performing any function under this Act or for anything which is in good faith
done or intended to be done under this Act.
34. Power of the Federal Government to issue
directives.The Federal
Government may, as and when necessary, issue directives to the Authority on
matters of policy and such directives shall be binding on the Authority and if
a question arises as to whether any matter is a matter of policy, the decision
of the Federal Government shall be final.
35. Power to make rules.The Authority may, with approval of the Federal
Government in the Ministry of Commerce by notification in the official Gazette,
make rules for the purpose of this Act.
36. Power to make regulations.The Board may, by notification in the official
Gazelle, make regulations, not inconsistent with the provisions of this Act and
rules, for carrying out the purposes of this Act.
37. Dissolution of the Export Promotion Bureau.The Export Promotion Bureau is hereby
dissolved and at all times thereafter
(a) all
powers exercisable by the Federal Government under any provisions of any law,
order, resolution for the time being in force which immediately before the
commencement of this Act, having been delegated to Export Promotion Bureau,
shall be exercisable by the Authority;
(b) all
assets, rights, including intellectual property, powers, authorities and
privileges and all property, movable and immovable, cash and bank balance,
reserve funds, investments and all other interests and rights in or arising out
of such property and all debts, liabilities and obligations of whatever kind of
the Export Promotion Bureau subsisting immediately before its dissolution shall
stand transferred to and vest in the Authority;
(c) in
any other law, rules or regulations of Federal Government or the Provincial
Government or trade bodies of Pakistan reference to the expression "Export
Promotion Bureau" shall be construed to be a reference to the "Trade
Development Authority of Pakistan" from the commencement of this Act;
(d) all
persons currently employed by the Export Promotion Bureau in BPS 1 to 16,
whether from regular budget or contract employees paid from regular budget, and
contract employees paid from EMDF, shall be given an option to join the
Authority;
(e) for
the service rendered in the Export Promotion Bureau such person referred to in
clause (d) who joins the Authority as its permanent employee, shall be entitled
to such benefits including the transfer of benefits to the Authority as may be
prescribed by rules;
(f) in the event if such a
person referred to in clause (d) elects to remain a civil servant, he shall be
retained in the Authority in his current status at Government pay scales and
terms of employment and shall seek promotion to next grade or scale, when due,
as per rules governing the civil servants but shall be obliged to perform
duties in accordance with the job description, rules, regulations, policies and
guidelines given by the Authority;
(g) a person referred to in
clause (d) who opts not to join the Authority shall continue to draw his pay,
allowances privileges or other benefits as he was drawing while holding the
post in the Export Promotion Bureau and the post to which he was promoted
subsequently serving in TDAP and unless he is appointed by the Federal
Government to another post or otherwise ceases to remain in Government service
on account of retirement, dismissal, removal, discharge from service or in any
other manner applicable to a civil servant, the cost for paying salary,
allowance and other benefits to such person shall be borne by the Authority;
(h) subject to the provisions
of sub-sections (2), (3) and (4) of Section 8, the civil servants in BPS 17 and
above of Commerce and Trade Group, who are working against their encadred posts
and those on deputation from such posts working in other departments of the
Government, shall be given an option to join the Authority;
(i) in the case of civil
servants in BPS 17 and above of Commerce and Trade Group who elect to remain
civil servants, the provisions of subsections (2), (3) and (4) of Section 8
shall apply;
(j) civil servant in BPS 17
and above who elects to join the Authority as its permanent employee, shall be
subject to an assessment process for employee skills and competencies and past
performance, and thereafter considered for employment in the Authority and
after acceptance by the Authority as its permanent employee he shall cease to
be civil servant and option by such officer, once exercised, shall be
irrevocable;
(k) all debts and obligations
incurred or contracts entered into or rights acquired and all matters and
things engaged to be done by with or for the Export Promotion Bureau, before
the coming in to force of this Act, shall be deemed to have been incurred,
entered into, acquired or engaged to be done by, with or for the Authority, as
the case may be;
(l) all
suits and other legal proceedings instituted by or against the Export Promotion
Bureau before the commencement of this Act shall be deemed to be suits and
proceedings by or against the Authority, as the case may be, and may proceed
and be dealt with accordingly;
(m) on
commencement of this Act, the EMDF shall stand transferred to and shall vest in
the TDAP Board which shall approve its release;
(n) all
officers, employees, servants or any other person holding any post in
connection with the affairs of the EMDF shall continue to remain contractual
employees of the Authority till the un-expired terms of their contract;
(o) in the event of a person referred to in clause (n) opting to be an
employee of the Authority and accepted by the Authority, he shall cease to be
an employee of the EMDF and shall be entitled to such remuneration, allowances
and other terms and conditions of employment as were applicable to such persons
as EMDF employees. But, in the event of such a person opting not to join the
Authority, he may continue to be employed as contractual employee of the
Authority for the remaining un-expired term of his contract under such terms
and conditions that were applicable to such persons as EMDF employees;
(p) all officers, employees, servants or any other person holding
any post in connection with the affairs of the EMDF shall be required to in
form the Authority within a period not exceeding six months from the
commencement of this Act of their intention to offer themselves for employment
in the Authority. However, in all cases where the un-expired period of the
contracts is less than six months, such persons shall be required to notify,
the Authority thirty days prior to the expiry of their contract period;
(q) save as otherwise provided in this Act, all debts and
obligations incurred or contracts entered into or rights acquired and all
matters and things engaged to be done by, with or for the Federal Government
under or pursuant to the EMDF before its transfer to the Authority, shall be
deemed to have been incurred entered into acquired or engaged to be done by,
with or for the Authority, as the case may be;
(r) all suits and other legal proceedings instituted by or against
the Federal Government under, or pursuant to, the EMDF before its transfer to
the Authority, shall be deemed to be suits and proceedings by, or against, the
Authority, as the case may be, and may be proceeded with and be dealt with
accordingly;
(s) on commencement of this Act, the EMDF Board shall be replaced
by the TDAP Board established under this Act and the decisions already taken by
the EMDF Board before such commencement shall be deemed to have been validly
taken by the TDAP Board under this Act;
(t) till notification of Authority's financial rules alongwith the
delegated powers for incurring expenditure, the delegation of powers for making
expenditure in Export Promotion Bureau vis-a-vis regular budget receipts and
EMDF, shall continue to remain as they were before the commencement of this
Act;
(u) the authority to make expenditure shall be exercised as follows:
Board no limit
Chairman upto ten million rupees every three
months.
Chief
Executive upto five million rupees every
three months:
Provided that the expenditures
incurred by the Chairman (Minister of Commerce) and Vice Chairman (Chief
Executive TDAP) shall be approved by the Board in the next immediate meeting;
and
(v) save as otherwise provided in this Act, nothing in this Act
shall affect or be deemed to affect anything done, action taken, investigation
or proceedings commenced, order, rule, regulation, appointment, document or
agreement made, fee directed, resolution passed, direction given, proceedings
taken or instrument executed or issued under or pursuant to any law amended or
repealed by this Act and any such thing, action, investigation, proceedings,
order, rule, regulation, appointment, document, agreement, fee, resolution
direction or instrument and decisions shall, if in force on the commencement
date, and not inconsistent with any of the provisions of this Act, continue in
force and have effect as if it had been validly done, taken commenced, made,
directed, passed, given, executed or issued under this Act.
38. Removal of difficulties.If any difficulties arise in giving effect to any
provision of this Act, the Federal Government may make such order, not inconsistent
with the provisions of this Act, as may be necessary to remove the difficulty.
39. Repeal and savings.Upon the commencement of this Act
(a) the
Government of Pakistan, Export Promotion Bureau's Resolution No.P-5(5)/65,
dated the 22nd January, 1966, and Government of Pakistan, Ministry of
Commerce's Order No. 28(19)-CE/63, dated the 4th December, 1963, shall stand
repealed;
(b) all funds, properties, rights and interests of whatsoever kind
powers exercised and enjoyed, possessed, owned or vested in the EMDF Board
setup under Government of Pakistan, Export Promotion Bureau's Resolution
No.P-5(5)/65, dated the 22nd January, 1966, and any liabilities legally
subsisting against the EMDF Board and the said Bureau shall stand transferred
to the Authority established under this Act; and
(c) everything
done, action taken, obligations or liabilities incurred, rights and assets
acquired, decisions taken by the EMDF Board, persons appointed or authorized in
the EMDF, powers conferred, funds donations or grants made, orders issued and
rules or regulations made, by the EMDF Board established under the Resolution
referred to in clause (b) immediately before the commencement of this Act shall
be deemed to have been validly done, taken, incurred, acquired, appointed,
authorized, conferred, created, made or issued under this Act.
---------------------------
ACT NO. V OF 2013
An Act to provide for the establishment of
[Gazette of
No.
F. 24(1)/2013-Legis.The
following Act of Majlis-e-Shoora (Parliament) received the assent of the
President on
WHEREAS it is expedient to provide for the
establishment of
It is hereby enacted as follows:
CHAPTER I
PRELIMINARY
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,
(i) "Academic
Council" means the Academic Council of the University;
(ii) "Affiliated
institution" means educational institution authorized by Board to conduct
academic programs, research and development projects and approved by the
University;
(iii) "Authority"
means any of the authorities of the University set up under Section 18;
(iv) "Board"
means the Board of executives of the University;
(v) "Board
of trustees" means the Board of trustees of the University;
(vi) "Chancellor"
means the Chancellor of the University;
(vii) "College"
means a constituent college;
(viii) "Commission"
means the Higher Education Commission of Pakistan;
(ix) "Constituent
college" means an educational institution, by whatever manner described,
maintained and administered by the University;
(x) "Controller"
means the head of examination department of the University;
(xi) "Dean"
means the head of a faculty of the University;
(xii) "Department"
means a teaching department of the University;
(xiii) "Director"
means the head of an institute established as a constituent institute by the
University;
(xiv) "Executive
Committee" means the Executive Committee of the University;
(xv) "Faculty"
means an administrative and academic unit of the University consisting of one
or more departments;
(xvi) "Government"
means the Federal Government;
(xvii) "Institute"
means an institute maintained and administered by the University;
(xviii) "Officer"
means any officer of the University;
(xix) "Patron"
means the Patron of the University;
(xx) "prescribed"
means prescribed by the statutes, regulations or rules;
(xxi) "Professor
emeritus" means a retired Professor appointed by the Chancellor on
honorary basis;
(xxii) "Principal"
means the head of a college;
(xxiii) "Registrar"
means the Registrar of the University;
(xxiv) "Selection
committee" means the selection committee set up by the Board;
(xxv) "Shariah
Advisory Committee" means the Shariah Advisory Committee of the
University;
(xxvi) "Statutes",
"regulations" and "rules" means respectively the statutes,
regulations and rules made under this Act;
(xxvii) "Trust" means the
Dawat-e-Islami Trust;
(xxviii) "teacher" means and
includes any Professor, Associate Professor, Assistant Professor and or
Lecturer engaged whole-time by the University, or by a constituent college;
(xxix) "University" means the
(xxx) "University Teacher" means a
whole-time Professor, Associate Professor, Assistant Professor or Lecturer
teacher appointed whole-time and paid by the University; and
(xxxi) "Vice-Chancellor" means the
Vice-Chancellor of the University.
CHAPTER II
THE UNIVERSITY
3. Establishment and incorporation of the
University.(1) There shall
be established a University to be called the
(a) the
Patron, the Chancellor, the Vice-Chancellor, the members of the Board and the
Board of Trustees;
(b) the
members of Executive Committee, Deans, the chairmen of the teaching departments
and members of the Academic Council of the University;
(c) the
members of the Executive or governors Boards, committees and other bodies as
the 73oard may establish;
(d) the
members of faculties and students of the University and its constituent units
in accordance with the terms prescribed from time to time, and all other; and
(e) such
other officers and members of the staff as the Board may, from time to time,
specify.
(2) The
University shall be a body corporate by the name of Dar-ul-Madina International
University having perpetual succession and a common seal, with powers, among
others, to acquire and hold property, both movable and immovable, and to lease,
sell or otherwise transfer any movable and immovable property which may have
become vested in or been acquired by it.
(3) The
principal seat of the University shall be at
(4) Notwithstanding
anything contained in any other law for the time being in force, the University
shall have academic, financial and administrative autonomy, including the
powers to employ officers, teachers and other employees on such terms as may be
prescribed, subject to the terms of this Act.
(5) In
particular and without prejudice to the authority granted to the Commission by
the law, the Government or any authority or auditor shall have no power to
question the policy underlying the acquisition and allocation of resources
approved by the Board in the annual budget of the University.
4. Powers and purposes of the University.The University shall have the following
powers, namely:
(i) to
promote and disseminate of knowledge and technology and to provide education,
training, research demonstration and scholarship in such branches of knowledge
as it may determine;
(ii) to
make provisions for research, service to society and for the application,
advancement and dissemination of knowledge* by employing information technology
including satellite, television, internet, radio etc., or through conventional
and innovative methods in all field of knowledge as it may determine by the
Board of trustees;
(iii) to
determine courses for study at the under graduate level in its constituent
units as well as in its affiliated institutions, centers and colleges;
(iv) to
prescribe courses of studies to be conducted by it and its affiliated
constituent units and appropriate bodies ;
(v) to
hold examinations and to award and confer degrees, diplomas, certificates and
other academic distinctions to and on persons who have been admitted to and
have passed its examinations under prescribed conditions;
(vi) to
prescribe the terms and conditions of employment of the officers, teachers and
other employees of the University;
(vii) to affiliate itself or
associate with any other institutions or universities and relevant bodies
whether national or international;
(viii) to pursue and co-ordinate
research innovation and development;
(ix) to use the financial and
other resources allocated to it for execution of its functions;
(x) to engage, where necessary,
persons on contract of specified duration and to specify the terms of each
engagement;
(xi) to confer honorary degrees
or other distinctions on approved persons in the manner prescribed;
(xii) to provide for such
instruction for persons not being students of the University as it may
prescribe and to grant certificates and diplomas to such persons;
(xiii) to institute programs for
the academic collaboration and exchange of students and teachers between the
University and other universities, educational institutions and research
organizations, inside as well as outside
(xiv) to provide career
counseling and job search services to the students and alumni as it may deem
fit;
(xv) to maintain linkages with
alumni and the industry;
(xvi) to develop and implement
fund-raising plans;
(xvii) to provide and support the
academic development of the faculty of the University;
(xviii) to confer degrees
on persons who have carried on independent research under prescribed
conditions;
(xix) to accept the examinations
passed and the period of study spent by students of the University at other
universities and places of learning equivalent to such examinations and periods
of study in the University, as it may prescribe, and to withdraw such
acceptance;
(xx) to
co-operate with other universities, public authorities or private
organizations, inside as well as outside
(xxi) to
institute professorships, associate professorships, assistant professorships
and lectureships and any other posts and to appoint persons thereto;
(xxii) to
create posts for research, extension, administration and other related purposes
and to appoint persons thereto;
(xxiii) to
recognize selected members of teaching staff of colleges or educational
institutions admitted to the privileges of the University or such other
persons, as it may deem fit, as University teachers;
(xxiv) to
institute and award financial assistance to students in need, fellowships,
scholarships, bursaries, medals and prizes under prescribed conditions;
(xxv) to
establish teaching departments, schools, colleges, faculties, institutes,
museums and other centers of learning for the development of teaching and
research and to make such arrangements for their maintenance, management and
administration as it may prescribe;
(xxvi) to
affiliate and disaffiliate educational institutions or relevant organizations
under prescribed conditions;
(xxvii) to inspect colleges and other
educational institutions affiliated or seeking affiliation with it;
(xxviii) to maintain order, discipline and
security on campuses of the University and the colleges;
(xxix) to
promote extra-curricular and recreational activities of the students and to
make arrangements for promoting their health and general welfare;
(xxx) to
demand and receive such fees and other charges as it may determine from time to
time;
(xxxi) to
make provision for research, advisory or consultancy services and with these
objects to enter into arrangements with other institutions, public or private
bodies, commercial and industrial enterprises under prescribed conditions;
(xxxii) to enter into, carry out, vary or
cancel contracts;
(xxxiii) to receive and manage property
transferred and grants, contributions made to the University and to invest any
fund representing such property, grants, bequests, trusts, gifts, donations,
endowments or contributions in such manner as it may deem fit;
(xxxiv) to provide for the printing and
publication of research and other works;
(xxxv) to do all such other acts and things,
whether incidental to the powers aforesaid or not, as may be requisite or
expedient in order to further the objectives of the University as a place of
education, learning and research; and
(xxxvi) to decide virtual, distance learning
or online teaching methods and strategies in order to ensure the conduct of
most effective educational and training programs in the light of policy on the
subject made by the Commission.
5. University open to all classes, creeds, etc.(1) The University shall be
open to all persons of either gender and of whatever religion, race, creed,
class, color or domicile who qualify for the admission as set forth in the rules
and regulations and the criteria and the policy maintained by the body.
(2) An increase in any fee or
charge that is in excess of ten percent per annum on an annualized basis from
the last such increase may not be made except in special circumstances and only
with approval of the Board of trustees.
(3) The University shall
institute financial aid and support programs for students in need, to the
extent considered feasible by the Board given the resources available, so as to
enable admission and access to the University and the various opportunities
provided by it to be based on merit rather than ability to pay.
6. Teaching at the University.(1) All recognized teaching in various courses shall
be conducted by the University or the colleges in the prescribed manner and may
include lectures, tutorials, discussions, seminars, demonstrations and other
methods of instruction as well as practical work in the laboratories,
hospitals, workshops and other organizations.
(2) The authority responsible for
organizing recognized teaching shall be such as may be prescribed.
CHAPTER III
OFFICERS OF THE UNIVERSITY
7. Officers of the University.The following shall be the officers of the
University, namely:
(a) Patron;
(b) Chancellor;
(c) Vice-Chancellor;
(d) Deans;
(e) Principals
of the constituent colleges;
(f) Head
of the teaching departments;
(g) Registrar;
(h) Treasurer;
(i) Controller
of examinations; and
(j) such
other persons as may be prescribed by the statutes or regulations.
8. Patron.(1) The Patron will be appointed by Trust in
the manner as may be determined by the Trust.
(2) The
Patron shall, when present, preside at the convocation of the University. In
the absence of the Patron, the Board may request a person of eminence or the
Chancellor to preside over the convocation of the University.
(3) Every proposal to confer an honorary
degree shall be subject to the confirmation by the Patron.
9. Visitation.(1) The Patron may, in accordance with the
terms and procedures as may be prescribed, cause an inspection or inquiry to be
made on his own motion or at the request of the Commission in respect of any
matter connected with affairs of the University and shall, from time to time,
direct any person or persons to inquire into or carry out inspection of
(a) the
University, its building, laboratories, libraries and other facilities;
(b) any
institution, department or hostel maintained by the University;
(c) the
adequacy of financial and human resources;
(d) the
teaching, research, curriculum, examination and other matters of the
University; and
(e) such
other matters as the Patron may specify.
(2) The
Patron shall communicate to the Board of trustees his views with regard to the
result of visitation and shall, after ascertaining the views of the Board,
advise the Chancellor on the action to be taken by it.
(3) The
Chancellor shall, within such time as may be specified by the Patron,
communicate to him such action, if any, as has been taken or may be proposed to
be taken upon the results of visitation.
(4) Where
the Board as per Chancellor's does not, within the time specified, take action
to the satisfaction of the Patron, the Patron may issue such directions as he
deems fit and the Board shall comply with all such directions.
(5) The
patron shall be appointed by the prescribed term from the Board of trustees and
he may be removed by the Board of trustees.
10. Chancellor.(1) The Chancellor of the University shall be
appointed by the Board of trustees to hold the office at the pleasure of, and
for a term determined by the Board of trustees.
(2) The
Chancellor shall also act as the chairperson of the Board.
(3) The
members of the Board except the Vice-Chancellor shall be appointed by the
Chancellor as in the manner prescribed in accordance with this Act and the
statutes.
(4) Where
the Chancellor is satisfied that serious irregularity or mismanagement with
respect to affairs of the University has occurred, he may,
(a) as
regards proceedings of the Board, direct that specified proceedings be
reconsidered and appropriate action taken within one month of the direction
having been issued; and
(b) as
regards proceedings of any authority or with respect to matters within the
competence of any authority other than the Board, direct the Board to exercise
powers under Section 19.
(5) If
the Chancellor will be incapacitated from acting as such due to absence or any
other cause, the Vice-Chancellor or a nominee of the Chancellor himself, or a
nominee of the Board of trustees shall act for him.
11. Removal from the Board.(1) The Chancellor may remove any person from
membership of the Board on the ground that such person after satisfaction of
Board of trustees
(a) has
become of unsound mind; or
(b) has
become incapacitated to function as member of the Board; or
(c) has
been convicted by a court of law for an offence involving moral turpitude; or
(d) has
absented himself from two consecutive meetings without just cause; or
(e) has
been guilty of misconduct, including use of position for personal advantage of
any kind, or gross inefficiency in the performance of functions.
(2) The
Chancellor shall remove any person from membership of the Board if he deems
fit.
12. Vice-Chancellor.(1) There shall be a Vice-Chancellor of the
University who shall hold office at the pleasure of the Board of trustees. He
will be an eminent academician or a distinguished administrator and shall be
appointed on such terms and conditions as may be prescribed.
(2) The
Vice-Chancellor shall be the chief executive officer of the University
responsible for all administrative and academic, functions of the University
and for ensuring that the provisions of this Act, statutes, regulations and
rules are faithfully observed.
(3) The
Vice-Chancellor shall, if present, be entitled to attend any meeting of any
authority or body of the University.
(4) The
Vice-Chancellor may, in an emergency that in his opinion requires an immediate
action ordinarily not in competence of the Vice-Chancellor, take such action
and report to the Board.
(5) The Vice-Chancellor shall also have the
following powers, namely:--
(a) to
direct teachers, officers and other employees of the University to take up such
assignments in connection with examination, administration and such other
activities in the University as he may consider necessary for purposes of the
University;
(b) to
sanction by re-appropriation an amount, not exceeding an amount prescribed by
the Board, for an unforeseen item not provided for in the budget;
(c) to
make appointment of such categories of employees of the University and in such
manner as may be prescribed by statutes;
(d) to
suspend, punish and remove from service, in accordance with prescribed
procedure, officers, teachers and other employees of the University except
those appointed by or with approval of the Board;
(e) to
delegate, subject to such conditions as may be prescribed, any of his powers
under this Act to an officer or officers of the University; and
(f) to
exercise and perform such other powers and functions as may be prescribed.
13. Appointment and removal of Vice-Chancellor.(1) The Vice-Chancellor shall be appointed by
the Board of trustees on recommendations made by the selection committee.
(2) A
selection committee for recommendation of person suitable for appointment as
Vice-Chancellor shall be constituted by the Board of trustees on the date and
in the manner prescribed by statutes.
(3) The
person proposed by the selection committee for appointment as Vice-Chancellor
shall be considered by the Board and shall be recommended by the Board to the
Chancellor.
(4) The
Vice-Chancellor shall be appointed for a renewable tenure as determined by the
Board of trustees on terms and conditions prescribed by statutes. The tenure of
an incumbent Vice-Chancellor shall be renewed by the Chancellor on receipt of a
resolution of the Board in support of such renewal:
Provided that the Chancellor may call upon
the Board to reconsider such resolution once.
(5) The
Board may, pursuant to a resolution in this behalf recommend to the Chancellor
the removal of the Vice-Chancellor on the ground of inefficiency, moral
turpitude or physical or mental incapacity or gross misconduct, including
misuse of position for personal advantage of any kind.
(6) The
Chancellor may make a reference to the Board stating about inefficiency, moral
turpitude or physical or mental incapacity or gross misconduct on the part of
the Vice-Chancellor that has come to his notice. After consideration of the
reference, the Board may, pursuant to a resolution in this behalf recommend to
the Chancellor the removal of the Vice-Chancellor:
Provided that prior to a resolution for
removal of the Vice-Chancellor being voted upon, the Vice-Chancellor shall be
given an opportunity of being heard.
(7) A
resolution recommending removal of the Vice-Chancellor shall be submitted to
the Chancellor forthwith. The Chancellor may accept the recommendation and order
removal of the Vice-Chancellor or return the recommendation to the Board.
(8) At
any time when office of the Vice-Chancellor is vacant or the Vice-Chancellor is
absent or is unable to perform functions of his office due to illness or some
other cause, the Board of trustees shall make such arrangements for performance
of the duties of the Vice-Chancellor as it may deem fit.
14. Dean.(1) There shall be a Dean of each faculty to be appointed by the
Chancellor on recommendation of the Vice-Chancellor, on such terms and conditions
as may be prescribed.
(2) The
Dean shall be in charge of the faculty and shall assist the Vice-Chancellor on
matters relating to teaching, research, academic program and extension of other
development projects.
(3) Subject
to overall supervision of the Vice-Chancellor, the Dean shall formulate and
recommend to the Academic Council, rules and regulations relating to academic
and research matters of the faculty.
(4) The
Dean shall also have the following powers, namely:
(a) to
collaborate with universities, industry and other research organizations;
(b) to
formulate recommendations to the Academic Council on the courses of study to be
taught in different departments of the faculty;
(c) to
co-ordinate the award of fellowships, stipends, medals and prizes;
(d) to
co-ordinate the teaching and research work of the faculty;
(e) to
perform such other functions and exercise such other powers as may be entrusted
or delegated to him by the Board or the Vice-Chancellor; and
(f) to
delegate any of his powers to appropriate levels of management, subject to such
conditions as may be prescribed.
15. Registrar.(1) There shall be a Registrar of the
University to be appointed by the Chancellor on recommendation of the
Vice-Chancellor, on such terms and conditions as may be prescribed.
(2) The
experience as well as professional and academic qualifications necessary for
appointment to the post of the Registrar shall be as may be prescribed.
(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 authorities of the University;
(b) be
the custodian of the common seal and the academic record of the University;
(c) maintain
a register of registered graduates in the prescribed manner;
(d) supervise
the process of election, appointment or nomination of members to the various
authorities and other bodies in the prescribed manner; and
(e) perform
such other duties as may be prescribed.
(4) The
term of office of the Registrar shall be a renewable period of three years:
Provided that the Board may, on advice of the
Vice-Chancellor, terminate appointment of the Registrar on grounds of
inefficiency or misconduct in accordance with prescribed procedure.
16. Treasurer.(1) There shall be a Treasurer of the University to be appointed by the
Chancellor on recommendation of the Vice-Chancellor, on such terms and
conditions as may be prescribed.
(2) The
experience as well as professional and academic qualifications necessary for
appointment to the post of the Treasurer shall be as may be prescribed.
(3) The
Treasurer shall be the chief financial officer of the University and shall:
(a) manage
the assets, liabilities, receipts, expenditures, funds and investments of the
University;
(b) prepare
annual and revised budget estimates of the University and present them to the
Executive Committee or a committee thereof for approval and incorporation in
the budget to be presented to the Board;
(c) ensure
that funds of the University are expended on the purposes for which they are
provided;
(d) have
accounts of the University audited annually; and
(e) perform
such other duties as may be prescribed.
(4) The term of office of the Treasurer
shall be for a renewable period of three years:
Provided that the Board may, on advice of the Vice-Chancellor, terminate
the appointment of the Treasurer on grounds of inefficiency or misconduct in
accordance with prescribed procedure.
17. Controller of examinations.(1) There shall be a Controller of examinations to be
appointed by the Board on recommendation of the Vice-Chancellor on such terms
and conditions as may be prescribed.
(2) The minimum qualifications
necessary for appointment to the post of the Controller of examinations shall
be as may be prescribed.
(3) The Controller of
examinations shall be a full-time officer of the University and shall be
responsible for all matters connected with the conduct of examinations and
shall perform such other duties as may be prescribed.
(4) The Controller of
examinations shall be appointed for a renewable term of three years:
Provided that the Chancellor may, on advice of the Vice-Chancellor,
terminate appointment of the Controller of examinations on grounds of
inefficiency or misconduct in accordance with prescribed procedure.
CHAPTER IV
AUTHORITIES OF THE UNIVERSITY
18. Authorities.The following shall be the authorities of the
University, namely:
(a) authorities
established by the Act;
(i) Board of trustees;
(ii) Board;
(iii) Executive Committee; and
(iv) Academic Council; and
(b) authorities
to be established by the statutes:--
(i) Board of advanced studies and research;
(ii) Board of studies;
(iii) Selection Board;
(iv) finance and planning committee;
(v) selection committee for the appointment of
the Vice-Chancellor;
(vi) representation committees for appointment to
the Board, Executive Committee and the Academic Council;
(vii) quality assurance committee;
(viii) discipline committee; and
(ix) such other authorities as may be prescribed
by the Board.
19. Board of trustees.The Board of trustees will be the apex authority
of the University and authorized to make or change statutes, rules and regulations
as it may deem fit. All the members of the Board of trustees shall be appointed
by the Trust. All the decisions of the Board shall be referred to the Board of
trustees for final approval. The decision of the Board of trustees shall be
considered as final and cannot be challenged in any court of law.
20. Board.(1) The body responsible for the functioning of the University shall be
described as the Board and shall consist of the following, namely:
(a) the
Chancellor who shall be chairperson of the Board;
(b) the
Vice-Chancellor;
(c) one
member of the Government not below the rank of Additional Secretary from any
Ministry of Federal Government of
(d) four
persons from society at large being persons of distinction in the fields of
administration, management, education, academics, Islamic jurisprudence, law,
accountancy, medicine, fine arts, architecture, agriculture, science,
technology and engineering, such that the appointment of these persons reflects
a balance across the various fields:
Provided
that special focus or affiliation of the University, to be declared in the
manner prescribed, may be reflected in the number of persons of distinction in
an area of expertise relevant to the University who are appointed to the Board;
(e) one
person from amongst the alumni of the University;
(f) two
persons from the academic community of the country, other than an employee of
the University, at the level of professor or principal of a college;
(g) four
University teachers; and
(h) one
person nominated by the Commission.
(2) The
number of members of the Board described under clauses (e) to (h) of
sub-section (1) may be increased by the Board through statutes subject to the
condition that total membership of the Board does not exceed twenty-one, with a
maximum of five University teachers and the increase is balanced, to the extent
possible, across different categories specified in sub-section (1).
(3) All
appointments to the Board shall be made by the Chancellor. Appointment of
persons described under clauses (e) and (f) of sub-section (1) shall be made
from amongst a panel of three names .for each vacancy recommended by the
representation committee set up in terms of Section 25 and in accordance with
procedure as may be prescribed.
(4) Members
of the Board, other than ex officio members, shall hold office for three years.
One-third of the members, other than ex officio members, of the first
restructured Board, to be determined by lot, shall retire from office on expiration
of one year from the date of appointment by the Chancellor. One-half of the
remaining members, other than ex officio members, of the first restructured
Board, to be determined by lot, shall retire from office on expiration of two
years from the date of appointment and the remaining one-half, other than ex officio members, shall retire from
office on expiration of the third year.
(5) The
Board shall meet at least twice in a calendar year.
(6) Service
on the Board shall be on honorary basis:
Provided that actual expenses may be
reimbursed as may be prescribed.
(7) The
Registrar shall be Secretary of the Board.
(8) In
absence of the Chancellor, meetings of the Board shall be presided over by such
member, not being an employee of the University or the Government, as the
Chancellor may, from time to time, nominate. The member so nominated shall be
convener of the Board.
(9) Unless
otherwise prescribed by this Act, all decisions of the Board shall be taken on
the basis of opinion of a majority of the members present. In the event of the
members being evenly divided on any matter, the person presiding over the
meeting shall have a casting vote.
(10) The
quorum for a meeting of the Board shall be two thirds of its membership, a
fraction being counted as one.
21. Powers and functions of the Board.(1) The Board shall have power of general
supervision over the University and shall hold the Vice-Chancellor and the
authorities accountable for all functions of the University. The Board shall
have all powers of the University not expressly vested in an authority or
officer by this Act and all other powers not expressly provided by this Act
that are necessary for performance of its functions but which are not
inconsistent with the provisions of this Act or the statutes, regulations and
rules made thereunder.
(2) Without
prejudice to the generality of the foregoing powers, the Board shall have the
following powers, namely:
(a) to
approve proposed annual plan of work, annual and revised budgets, annual report
and annual statement of accounts;
(b) to
hold, control and lay down policy for administration of the property, funds and
investments of the University, including approval of the sale and purchase or
acquisition of immovable property;
(c) to
oversee quality and relevance of the University's academic programs and to
review academic affairs of the University in general;
(d) to
approve appointment of Deans, Professors, Associate Professors and such other
senior faculty and senior administrators as may be prescribed;
(e) to
institute schemes, directions and guidelines for the terms and conditions of
appointment of all officers, teachers and other employees of the University;
(f) to
approve the strategic plans of the University;
(g) to
approve financial resource development plans of the University;
(h) to
consider drafts of statutes and regulations proposed by the Executive Committee
and the Academic Council and deal with them in the manner as provided for in
sections 27 and 28, as the case may be:
Provided
that the Board may make a statute or regulation on its own initiative and
approve it after calling for advice of the Executive Committee or the Academic
Council, as the case may be;
(i) to
annul by order in writing the proceedings of any authority or officer if the
Board is satisfied that such proceedings are not in accordance with the provisions
of this Act, statutes or regulations after calling upon such authority or
officer to show cause why such proceedings should not be annulled;
(j) to
recommend to the Chancellor removal of any member of the Board in accordance
with the provisions of this Act;
(k) to
make appointment of members of the Executive Committee, other than ex officio members, in accordance with
the provisions of this Act;
(l) to
make appointment of members of the Academic Council, other than ex officio members, in accordance with
the provisions of this Act;
(m) to
appoint Professors emeritus on such terms and conditions as may be prescribed;
(n) to
remove any person from membership of any authority if such person has
(i) become of unsound mind; or
(ii) become incapacitated to function as member
of such authority; or
(iii) been convicted by a court of law for an
offence involving moral turpitude; and
(o) to
determine the form, provide for the custody and regulate the use of the common
seal of the University.
(3) The
Board may, subject to the provisions of this Act delegate all or any of the
powers and functions of any authority, officer or employee of the University at
its main campus, to any authority, committee, officer or employee at its
additional campus for the purpose of exercising such powers and performing such
functions in relation to such additional campus and for this purpose the Board
may create new posts or positions at the additional campus.
22. Executive Committee.(1) There shall be an Executive Committee of the
University consisting of the following, namely:
(a) Vice-Chancellor
who shall be its chairperson;
(b) Deans
of faculties of the University;
(c) three
Professors from different departments, who are not members of the Board, to be
elected by the University teachers in accordance with procedure to be
prescribed by the Board;
(d) Principals
of the constituent colleges;
(e) Registrar;
(f) Treasurer;
(g) Controller
of examinations; and
(h) a
member of the Shariah advisory committee.
(2) Members
of the Executive Committee, other than ex
officio members, shall hold office for three years.
(3) As
regards the three Professors described in clause (c) of sub-section (1), the
Board may, as an alternative to elections, prescribe a procedure for proposal
of a panel of names by the representation committee set up in terms of Section
25. Appointment of persons proposed by the representation committee may be made
by the Board on recommendation of the Vice-Chancellor.
(4) The
quorum for a meeting of the Executive Committee shall be one-half of the total
number of members, a fraction being counted as one.
(5) The
Executive Committee shall meet at least once in each quarter of the year.
23.
Powers and duties of the Executive
Committee.(1) The Executive
Committee shall be the executive body of the University and shall, subject to
the provisions of this Act and the statutes, exercise general supervision over
affairs and management of the University.
(2) Without
prejudice to the generality of the foregoing powers and subject to the
provisions of this Act, the statutes and directions of the Board, the Executive
Committee shall have the following powers to
(a) consider
annual report, annual and revised budget estimates and to submit these to the
Board;
(b) transfer,
and accept transfer, of movable property on behalf of the University;
(c) enter
into, vary, carry out and cancel contracts on behalf of the University;
(d) cause
proper books of accounts to be kept for all sums of money received and expended
by the University and for the assets and liabilities of the University;
(e) 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 (Act II of 1882)
or in the purchase of immovable property or in such other manner, as it may
prescribe, with the like power of varying such investments;
(f) receive
and manage any property transferred and grants, bequests, trust, gifts,
donations, endowments and other contributions made to the University;
(g) administer
any funds placed at the disposal of the University for specified purposes;
(h) provide
the buildings, libraries, premises, furniture, apparatus, equipment and other
means required for carrying out the work of the University;
(i) establish
and maintain halls of residence and hostels or approve or license hostels or
lodgings for residence of students;
(j) recommend
to the Board admission of educational institutions to the privileges of the
University and withdraw such privileges;
(k) arrange
for the inspection of colleges and the departments;
(l) institute
professorships, associate professorships, assistant professorships,
lectureships and other teaching posts or to suspend or to abolish such posts;
(m) create,
suspend or abolish such administrative or other posts as may be necessary;
(n) prescribe
the duties of officers, teachers and other employees of the University;
(o) report
to the Board on matters with respect to which it has been asked to report;
(p) appoint
members to various authorities in accordance with the provisions of this Act;
(q) propose
drafts of statutes for submission to the Board;
(r) regulate
conduct and discipline of students of the University;
(s) take
actions necessary for good administration of the University in general and to this
end exercise such powers as are necessary;
(t) delegate
any of its powers to any authority or officer or a committee; and
(u) perform
such other functions as have been assigned to it by provisions of this Act or
may be assigned to it by statutes.
24.
Academic Council.(1) There shall be an Academic Council of the
University consisting of the following, namely:
(a) Vice-Chancellor
who shall be its chairperson;
(b) Deans
of faculties and such heads of departments as may be prescribed;
(c) five
members representing the departments, institutes and the constituent colleges
to be elected in the manner prescribed by the Board;
(d) five
Professors including Professors emeritus;
(e) Registrar;
(f) Controller
of examinations;
(g) Librarian;
and
(h) a
member of the Shariah advisory committee.
(2) The
Board shall appoint members of the Academic Council, other than ex officio and elected members, on
recommendation of the Vice-Chancellor:
Provided that as regards the five Professors
and the members representing the departments, institutes and the constituent
colleges, the Board may, as an alternative to elections, prescribe a procedure
for proposal of a panel of names by the representation committee set up in
terms of Section 25. Appointment of persons proposed by the representation
committee may be made by the Board on recommendation of the Vice-Chancellor.
(3) Members of the Academic Council shall hold
office for three years.
(4) The
Academic Council shall meet at least once in each quarter.
(5) The quorum for meetings of the Academic
Council shall be one-half of the total number of members, a fraction being
counted as one.
25. Powers and functions of the Academic
Council.(1) The Academic
Council shall be the principal academic body of the University and shall,
subject to the provisions of this Act and the statutes, have the power to lay
down proper standards of instruction, research and examinations and to regulate
and promote the academic life of the University and the colleges.
(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
power to
(a) approve
the policies and procedures pertaining to the quality of academic programs;
(b) approve
academic programs;
(c) approve
the policies and procedures pertaining to student-related functions including
admissions, expulsions, punishments, examinations and certification;
(d) approve
the policies and procedures assuring quality of leaching and research;
(e) propose
to the Executive Committee schemes for the constitution and organization of
faculties, teaching departments and Board of studies;
(f) appoint
paper setters and examiners for all examinations of the University after
receiving panels of names from the relevant authorities;
(g) institute
programs for the continued professional development of University teachers at
all levels;
(h) recognize
examinations of other universities or examining bodies as equivalent to the
corresponding examinations of the University;
(i) regulate
award of studentships, scholarships, exhibitions, medals and prizes;
(j) make
regulations for submission to the Board;
(k) prepare
an annual report on academic performance of the University; and
(l) perform
such functions as may be prescribed by regulations.
26. Representation committees.(1) There shall be a representation committee
constituted by the Board through statutes for recommendation of persons for
appointment to the Board in accordance with the provisions of Section 19.
(2) There
shall also be a representation committee constituted by the Board of trustees
through statutes for recommendation of persons for appointment to the Executive
Committee and the Academic Council in accordance with the provisions of
sections 22 and 24.
(3) Members
of the representation committee for appointment to the shall consist of the
following, namely:
(a) three
members of the Board who are
(b) two
persons nominated from amongst the University teachers;
(c) one
person from the academic community, not employed by the University, at the
level of professor or college principal to be nominated by the University
teachers in the manner prescribed;
(d) one
eminent citizen with experience in administration, philanthropy, development
work, law or accountancy; and
(e) a
member of the Shariah advisory committee.
(4) The
representation committee for appointments to the Executive Committee and the
Academic Council shall consist of the following, namely:
(a) two
members of the Board who are
(b) three
persons nominated from amongst the University teachers.
(5) The
tenure of the representation committees shall be determined by the Board of
trustees.
(6) The
procedures of the representation committees shall be as may be prescribed.
(7) There
may also be such other representation committees set up by any of the other
authorities of the University as are considered appropriate for recommending
persons for appointment to the various authorities and other bodies of the University.
27. Appointment of committees by certain
authorities.The Board of
trustees, Board, the Executive Committee, the Academic Council and other authorities
may, from time to time, appoint such standing, special or advisory committees,
as they may deem fit, and may place on such committee persons who are not
members of the authorities appointing the committees.
28. Shariah advisory committee.The Chancellor will appoint three members of
this committee headed by a competent Mufti or scholar in Islamic jurisprudence.
The Shariah advisory committee will give its recommendations in the light of
Islamic Shariah on any matter referred to it by any of the committees mentioned
herein above in this Act for consideration and taking decision on a compliant
with regard to Islamic jurisprudence.
CHAPTER V
STATUTES, REGULATIONS AND RULES
29. Statutes.(1) Subject to the provisions of this Act, statutes, to be published in
the official Gazette, may be made to regulate or prescribe all or any of the
following matters, namely:
(a) the
contents of and the manner in which the annual report to be presented by the
Vice-Chancellor before the Board shall be prepared;
(b) the
University fees and other charges;
(c) scales
of pay and other terms and conditions of service of officers, teachers and
other University employees;
(d) maintenance
of the register of registered graduates;
(e) admission
of educational institutions to the privileges of the University and the
withdrawal of such privileges;
(f) establishment
of faculties, departments, institutes, colleges, study centers and other
academic divisions;
(g) powers
and duties of officers and teachers;
(h) conditions
under which the University may enter into arrangements with other institutions
or with public bodies for purposes of research and advisory services;
(i) conditions
for appointment of emeritus Professors and award of honorary degrees;
(j) efficiency
and discipline of University employees;
(k) constitution
and procedure to be followed by the representation committees in carrying out
functions in terms of this Act;
(l) constitution
and procedure to be followed by the search committee for appointment of the
Vice-Chancellor;
(m) constitution,
functions and powers of the authorities of the University; and
(n) all
other matters which by this Act are to be or may be prescribed or regulated by
statutes.
(2) The
draft of statutes shall be proposed by the Executive Committee to the Board
which may approve or pass with such modifications as the Board may think fit or
may refer back to the Executive Committee, as the case may be, for
reconsideration of the proposed draft:
Provided that statutes concerning any of the
matters mentioned in clauses (a) and (I) of sub-section (1) shall be initiated
and approved by the Board, after seeking views of the Executive Committee:
Provided further that the Board of trustees
may initiate a statute with respect to any matter in its power or with respect
to which a statute may be made in terms of this Act and approve such statute
after seeking views of the Board and the Executive Committee.
30.
Regulations.(1) Subject to the provisions of this Act and
the statues, the Academic Council may make regulations, to be published in the
official Gazette, for all or any of the following matters, namely:
(a) courses
of study for degrees, diplomas and certificates of the University;
(b) manner
in which the teaching referred to in sub-section (1) of Section 6 shall be
organized and conducted;
(c) admission
and expulsion of students to and from the University;
(d) conditions
under which students shall be admitted to the courses and examinations of the
University and shall become eligible for award of degrees, diplomas and
certificates;
(e) conduct
of examinations;
(f) conditions
under which a person may carry on independent research to entitle him to a
degree;
(g) institution
of fellowships, scholarships, exhibitions, medals and prizes;
(h) use
of the library;
(i) formation
of faculties, departments and Board of studies; and
(j) all
other matters which by this Act or the statutes are to be or may be prescribed
by regulations.
(2) Regulations
shall be proposed by the Academic Council and shall be submitted to the Board
which may approve them or withhold approval or refer them back to the Academic
Council for reconsideration. A regulation proposed by the Academic Council
shall not be effective unless it receives approval of the Board.
(3) Regulations
regarding or incidental to matters contained in clauses (g) and (i) of
sub-section (1) shall not be submitted to the Board without prior approval of
the Executive Committee.
31. Amendment and repeal of statutes and
regulations.The procedure
for adding to, amending or repealing the statutes and the regulations shall be
the same as that prescribed respectively for framing or making Statutes and
Regulations.
32. Rules.(1) The authorities and other bodies of the University may make rules,
to be published in the official Gazette, consistent with this Act, statutes and
the regulations, to regulate any matter relating to affairs of the University
which has not been provided for under this Act or that is not required to be
regulated by statutes and regulations, including rules to regulate the conduct
of business and the time and place of meetings and related matters.
(2) Rules
shall become effective upon approval by the Executive Committee and the Shariah
advisory committee.
CHAPTER VI
UNIVERSITY FUND
33. University fund.(1) The University shall have a fund to which
shall be credited its income from fees, donations, trusts, bequests,
endowments, grants, contributions and all other sources.
(2) Capital
recurrent expenditure of the University shall be met from contributions made by
the Board and any other source, including other foundations, universities and
individuals and from the income derived from such sources.
(3) No
contribution, donation or grant which may directly or indirectly involve any
immediate or subsequent financial liability for the University, shall be
accepted without prior approval of the Board.
34. Audit and accounts.(1) The accounts of the
University shall be maintained in such form and manner as may be determined by
the Board and shall work under the Finance and Planning committee. The
committee shall consist of Vice-Chancellor, all the Deans, one member of the
Board nominated by the Board, one nominee of the Academic Council and one
member of the independent auditor. The quorum of the meeting shall be five and
term of nominated members will be three years. The Director finance shall be
the Secretary of the Finance and Planning Committee.
(2) Function of committee shall be to prepare the
annual statement of accounts, propose and annual budget estimates and advice to
the Board thereon, review periodically the financial position of the university
and advice the Board on all matters related to finance, investment and accounts
of the university and perform such other functions as may be prescribed by the
statutes.
CHAPTER VII
GENERAL PROVISIONS
35. Commencement of
term of members of authorities.(1) When a member of an authority is elected,
appointed or nominated, his term of office, as fixed under this Act shall
commence from such date as may be prescribed.
(2) Where a member who has accepted any other
assignment or for any other similar reason remained absent from the University
for a period of not less than six months, he shall be deemed to have resigned
and vacated his scat.
36. Disputes about
membership of authorities.(1) Notwithstanding anything contained in this Act, a person
nominated or appointed to any authority shall cease to be member of such
authority as soon as he ceases to hold the position by virtue of which he was
nominated or appointed.
(2) If a question arises whether any person is
entitled to be a member of any authority, the matter shall be referred to a
committee consisting of the Chancellor, two nominees of the Board and a nominee
of the Vice-Chancellor and decision of the committee thereon shall be final and
binding.
37. Proceedings of
authorities not invalidated by vacancies.No act, resolution or decision of any authority shall
be invalid by reason of any vacancy on the authority doing, passing or making
it or by reason of any want of qualification or appointment or nomination of
any de facto member or the authority, whether present or absent.
38. Removal of difficulties.If any difficulty arises as to the first constitution
or reconstitution of any authority upon coming into force of this Act or
otherwise in giving effect to any provision of this Act, the Patron may give
appropriate directions to remove such difficulty.
39.
Indemnity.No suit or legal proceedings shall lie
against the Government, the University or any authority or employee of the
University or any person, in respect of anything which is done or purported to
have been done in good faith under this Act.
---------------------------
ACT NO. VII OF 2013
MY UNIVERSITY
An Act to provide for the establishment of my
University,
[Gazette of
No.
F. 24(3)/2013-Legis.The
following Act of Majlis-e-Shoora (Parliament) received the assent of the
President on
WHEREAS it is expedient to provide for the
establishment of MY University at
It is hereby enacted as follows:
CHAPTER I
PRELIMINARY
1. Short title and commencement.(1) This Act may be called the My University
Islamabad Act, 2013.
(2) It
shall come into force at once.
2. Definitions.In this Act, unless there is anything
repugnant in the subject or context,
(i) "Academic
Council" means the Academic Council of the University;
(ii) "Authority"
means any of the authorities of the University;
(iii) "Affiliated
institution" means Educational institution authorized by the Board to
conduct academic programs, research and development projects as approved by the
University;
(iv) "Board"
means the Board of the University;
(v) "Board
of trustees" means Board of Trustees of the University;
(vi) "Chancellor"
means the Chancellor of the University;
(vii) "College"
means a constituent college, department, Institute or Centers;
(viii) "Commission"
means the Higher Education Commission of Pakistan;
(ix) "Constituent
college" means an educational institution, by whatever manner described,
maintained and administered by the University;
(x) "Controller"
means the head of examination department of the University;
(xi) "Dean"
means the head of a faculty of the University;
(xii) "Department"
means teaching department of the University;
(xiii) "Director"
means the head of an institute established as a constituent institute by the
University;
(xiv) "Executive
Committee" means the Executive Committee of the University;
(xv) "Faculty"
means an administrative and academic unit of the University consisting of one
or more departments. It also includes any Professor, Associate Professor,
Assistant Professor or Lecturer, tutor, engaged whole-time or part-time by the
University, or by a constituent college, institute or Centre;
(xvi) "Government"
means the Federal Government;
(xvii) "Institute"
means an institute or Centre, maintained and administered by the University;
(xviii) "Officer"
means any officer of the University;
(xix) "Patron"
means the Patron of the University;
(xx) "prescribed"
means prescribed by the statutes, regulations or rules;
(xxi) "Professor
Emeritus" means a retired Professor appointed by the Chancellor on
honorary basis;
(xxii) "Principal" means
the head of a college, or the institution under the University by whatever name
or the designation;
(xxiii) "Registrar"
means the Registrar of the University;
(xxiv) "Committee"
means the committee set up by the Board of Trustees;
(xxv) "Statutes",
"regulations" and "rules" mean respectively the statutes,
regulations and rules made under this Act;
(xxvi) "Trust"
means the My Trust;
(xxvii) "University" means MY University Islamabad,
established under this Act; and
(xxviii) "Vice-Chancellor" means the Vice-Chancellor of the
University.
CHAPTER-II
THE UNIVERSITY
3. Establishment and incorporation of the
University.(1) There shall
be established a University to be called as MY University Islamabad, consisting
of,
(a) the Patron, the
Chancellor, the Vice-Chancellor, the members of the Board and the Board of
Trustees;
(b) the members of Executive
Committee, Deans, the Chairmen of the teaching departments and members of the
Academic Council or any other Councils, Committee or Advisory Committees, as
the Board of Governors may establish or authorize from time to time of the University;
(c) the members of the Boards,
committees and other bodies as the Board may establish;
(d) the members of the
Faculties and students of the University and its constituent units in
accordance with the terms prescribed from time to time, and all other; and
(e) such other officers and
members of the staff as the Board may, from time to time, specify.
(2) The
University shall be a body corporate by the name of MY University, having
perpetual succession and a common seal, with powers, among others, to acquire
and hold property, both movable and immovable, and to lease, sell or otherwise transfer
any movable and immovable property which may have become vested in or been
acquired by it.
(3) The
principal seat of the University shall be at
(4) Notwithstanding
anything contained in any other law for the time being in force, the University
shall have academic, financial and administrative autonomy, including the
powers to employ officers, teachers and other employees on such terms as may be
prescribed, subject to the terms of this Act.
(5) In
particular and without prejudice to the authority granted to the Commission by
the law, the Government or an authority or auditor appointed by the Government
shall have no power to question the policy underlying the allocation of resources
approved by the Board in the annual budget of the University.
4. Powers and Purposes of the University.The University shall have the following
powers, namely;
(i) to
promote and dissemination of knowledge and technology and to provide education,
training, research, demonstration and scholarship in such branches of learning,
as it may determine;
(ii) to
make provisions for research, service to society and for the application, advancement
and dissemination of knowledge by employing information technology including
satellite, television, internet etc., or through conventional and innovative
methods in the fields of management sciences, medical sciences, computer
sciences, professional psychology, strategic studies, security studies,
environmental sciences, engineering and such other disciplines from the fields
of natural and social sciences as it may determine;
(iii) to
determine courses for study at the under graduate level in its constituent
units as well as in its affiliated institutions, centers and colleges;
(iv) to
prescribe courses of studies to be conducted by it and its affiliated
constituent units and appropriate bodies;
(v) to
hold examinations and to award and confer degrees, diplomas, certificates and
other academic distinctions to and on persons who have been admitted to and
have passed its examinations under prescribed conditions;
(vi) to
prescribe the terms and conditions of employment of the officers, Faculty and
other employees of the University;
(vii) to
affiliate itself or associate with any other Institutions or Universities and
relevant bodies whether national or international;
(viii) to
pursue and co-ordinate research innovation and development;
(ix) to
decide teaching methods and strategies in order to ensure most effective
research and academic programs;
(x) to
use the financial and other resources allocated to it for execution of its
functions;
(xi) to
engage, where necessary, any persons on contract of specified duration and to
specify the terms of each engagement;
(xii) to
confer honorary degrees or other distinctions on approved persons in the manner
prescribed by the Board in consultation with Board of trustees for the purpose;
(xiii) to
confer degrees on the person who have carried out an independent research under
prescribed conditions;
(xiv) to
liaison with other research or academic organizations, industry and the
relevant organization or institutions to promote Public Private partnership,
innovation and research, development, industrialization for the purposes of
education, training and development;
(xv) to
provide for such instruction for persons not being students of the University
as it may prescribe and to grant certificates and diplomas to such persons;
(xvi) to
institute programs for the academic collaboration and exchange of students and
Faculty between the University and other universities, educational institutions
and research organizations, inside as well as outside
(xvii) to
maintain linkages with alumni and the industry and the relevant bodies;
(xviii) to
develop and implement fund-raising plans;
(xix) to
provide and support the academic development of the faculty of the University;
(xx) to
affiliate and dis-affiliate educational institutions or relevant organizations
under prescribed conditions;
(xxi) to
inspect colleges and other educational institutions affiliated or seeking
affiliation with it;
(xxii) to
accept the examinations passed and the period of study spent by students of the
University at other universities and places of learning equivalent to such
examinations and periods of study in the University, as it may prescribe, and
to withdraw such acceptance;
(xxiii) to
co-operate with other universities, public authorities or private organizations
inside as well as outside
(xxiv) to
institute professorships, associate professorships, assistant professorships
and lectureships and any other posts and to appoint persons thereto;
(xxv) to
create posts for teaching, research, extension, administration and other
related purposes and to appoint persons thereto;
(xxvi) to
reeognize selected members of teaching staff of colleges or educational
institutions admitted to the privileges of the University or such other
persons, as it may deem fit, as University Faculty;
(xxvii) to institute and award fellowships,
scholarships, bursaries, medals and prizes under prescribed conditions;
(xxviii) to establish teaching departments,
schools, colleges, faculties, institutes, workshops, laboratories. Museums and
other centers of learning for the development of teaching and research and to
make such arrangements for their maintenance, management and administration as
it may prescribe;
(xxix) to
maintain order, discipline and security on campuses of the University and the
colleges as per the rules and regulations of the University;
(xxx) to
promote extra-curricular and recreational activities of the students and to
make arrangements for promoting their health and general welfare;
(xxxi) to
demand and receive such fees and other charges as it may determine from time to
time;
(xxxii) to make provisions for research,
advisory or consultancy services and with these objects to enter into
arrangements with other institutions, public or private bodies, commercial and
industrial enterprises, relevant Government, International, non-Governmental
bodies, under prescribed conditions;
(xxxiii) to enter into, carry out, vary or
cancel contracts;
(xxxiv) to receive and manage property
transferred and grants, contributions made to the University and to invest any
fund representing such property, grants, bequests, trusts, gifts, donations,
endowments or contributions and convert one kind of property into other in such
manner as it may deem fit;
(xxxv) to provide for the printing and
publication of research and other works;
(xxxvi) to do all such other acts and things,
whether incidental to the powers aforesaid or not, as may be requisite or
expedient in order to further the objectives of the University as a place of
education, learning and research; and
(xxxvii) to decide virtual, online and
distance teaching methods and strategies in order to ensure the conduct of most
effective educational and training programs in the light of policy on the
subject made by the Board of trustees.
5. University open to all classes, creeds,
etc.The University shall be
open to all persons of either gender and of whatever religion, race, creed,
class, color or domicile who qualify for the admission as set forth in the
rules and regulations and the criteria and the policy maintained by the body
and no person shall be denied privileges of the University on the ground of
religion, race, caste, creed, class, color or domicile.
6. Teaching at the University.(1) All recognized teaching in various courses
shall be conducted by the University or the colleges in the prescribed manner and
may include lectures, tutorials, discussions, seminars, demonstrations and
other methods of instruction as well as practical work in the laboratories,
hospitals, workshops and other organizations as it may deem appropriate.
(2) The
authority responsible for organizing recognized teaching shall be such as may
be prescribed.
CHAPTER III
OFFICERS OF THE UNIVERSITY
7. Officers of the University.The following shall be the officers of the
University, namely:
(a) Patron;
(b) Chancellor;
(c) Vice-Chancellor;
(d) Deans;
(e) Principals
of the constituent colleges;
(f) Head
of the teaching and research departments;
(g) Registrar;
(h) Treasurer;
(i) Controller
of examinations and academic affairs; and
(j) such
other persons as may be prescribed by the statutes or regulations or by the
Board.
8. Patron.(1) The Patron shall be appointed by the
Trust.
(2) The
Patron shall, when present, preside at the convocation of the University. In
the absence of the Patron, the Board may request a person of eminence or the
Chancellor to preside over the convocation of the University.
(3) 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.
9. Visitation.(1) The Patron may, in accordance with the
terms and procedures as may be prescribed, cause an inspection or inquiry to be
made at the request of the Board of trustees or on his own motion in respect of
any matter connected with affairs of the University and shall, from time to
time, direct any person or persons to inquire into or carry out inspection of,
(a) the
University, its building, laboratories, libraries and other facilities;
(b) any
institution, department or hostel maintained by the University;
(c) the
adequacy of financial and human resources;
(d) the
teaching, research, curriculum, examination and other matters of the
University; and
(e) such
other matters as the Patron may specify.
(2) The
Patron shall communicate to the Board of trustees his views with regard to the
result of visitation and shall, after ascertaining the views of the Board, advise
the Chancellor on the action to be taken by it.
(3) The
Chancellor shall, within such time as may be specified by the Patron,
communicate to him such action, if any, as has been taken or may be proposed to
be taken upon the results of visitation.
(4) The
Chancellor shall communicate to the Board his views with regard to the results
of inspection or inquiry and shall after ascertaining the views of said Board,
advice the action to be taken.
(5) Where
the Board as per Chancellor's direction does not, within the time specified,
take action to the satisfaction of the Patron, the Patron may issue, in consultation
with the Board of trustees, such directions, as he deems fit and the Board
shall comply with all such directions.
10. Appointment and removal of Patron.The Patron may be appointed for a fixed period
of time two years and can be extended for another term of same length. He may
be removed before expiry of his term by the Board of trustees resolution on any
misconduct.
11. Chancellor.(1) The Chancellor of the University shall be
appointed by the Board of Trustees to hold the office for a term determined by
the Trust.
(2) The
Chancellor shall in the absence of Patron, preside over the convocations and
meetings of the University of which his presence is desirable in the light of
business being transacted. Every proposal to confer an honorary degree shall be
subject to confirmation of the Chancellor.
(3) Where
the Chancellor is satisfied that the proceedings or orders of any authority are
not in accordance with provision of the act, the statues, regulations or rules,
he may after, calling upon such authority to show cause in writing, annul such
proceedings or order, after the final approval from the Board of trustees.
12. Appointment and Removal of the Chancellor.(1) The terms of the office of Chancellor
shall be for a period of three years:
Provided that there will be no bar to appoint
a Chancellor for a second or subsequent term.
(2) The
Board of trustees may, in consultation with the patron, remove the Chancellor;
if he,
(a) has
become of unsound mind; or
(b) has
been incapacitated to function as member of such authority; or
(c) has
been convicted by a court of law of
(d) on
the resolution of the Board of trustees for misconduct.
13.
Vice-Chancellor.(1) There shall be a Vice-Chancellor of the
University who shall be appointed by the Board of Trustees in consultation with
the Chancellor. The Vice-Chancellor shall be an eminent academician or a
distinguished administrator and shall be appointed on such terms and conditions
as may be prescribed.
(2) The
Vice-Chancellor shall be the chief executive officer of the University
responsible for all administrative and academic, functions of the University and
for ensuring that the provisions of this Act, statutes, regulations and rules
are faithfully observed. He shall have the overall responsibility for the
direction, organization, administration and programmes of the University, in
accordance with the guidelines and general policies formulated by the Board and
for the implementation of the decisions and policies of the Board.
(3) The
Vice-Chancellor shall, if present, be entitled to attend any meeting of any
authority or body of the University.
(4) The
Vice-Chancellor may, in an emergency that in his opinion requires an immediate
action ordinarily not in his competence, take such action and report to the
Board.
(5) The
Vice-Chancellor shall be appointed for a renewable tenure of five years on
terms and conditions prescribed by statutes. The tenure of an incumbent Vice-Chancellor
shall be renewed by the Chancellor on receipt of a resolution of the Board in
support of such renewal and under recommendation of Board of trustees:
Provided that the Chancellor may call upon
the Board to reconsider such resolution once.
(6) The
Board may, pursuant to a resolution in this behalf passed by simple majority
vote of its membership, and on the final recommendation of the Board of trustees
recommend to the Chancellor the removal of the Vice-Chancellor on the ground of
in-efficiency, moral turpitude or physical or mental incapacity or gross misconduct,
including misuse of position for personal advantage of any kind:
Provided that the Chancellor may make a reference
to the Board stating about in-efficiency, moral turpitude or physical or mental
incapacity or gross misconduct on the part of the Vice-Chancellor that has come
to his notice. After consideration of the reference, the Board under
recommendation may, pursuant to a resolution in this behalf passed by simple
majority of its membership, recommend to the Chancellor the removal of the
Vice-Chancellor:
Provided further that prior to a resolution
for removal of the Vice-Chancellor being voted upon, the Vice-Chancellor shall
be given an opportunity of being heard.
(7) A
resolution recommending removal of the Vice-Chancellor shall be submitted to
the Chancellor forthwith. The Chancellor may accept the recommendation and
order removal of the Vice-Chancellor or return the recommendation to the Board.
(8) At
any time when office of the Vice-Chancellor is vacant or the Vice-Chancellor is
absent or is unable to perform functions of his office due to illness or some
other cause, the Board shall make such arrangements for performance of the duties
of the Vice-Chancellor as it may deem fit.
(9) The
Vice-Chancellor shall also have the following powers, namely:
(a) to
oversee, monitor and supervise all academic activities, including examinations
and applied research to ensure that proper academic standards are maintained,
in consultation with the academic council and the Board;
(b) to
direct, faculty, scholars, officers and other employees of the University to
take up such assignments in connection with examination, administration and
such other activities in the University, as he may consider necessary for
purposes of the University;
(c) to
sanction by re-appropriation an amount, not exceeding an amount prescribed by
the Board, for an unforeseen item not provided for in the budget;
(d) to make appointment of
such categories of employees of the University and in such manner, as may be
prescribed by statutes;
(e) to suspend, punish and
remove from service, in accordance with prescribed procedure, officers,
teachers and other employees of the University except those appointed by or
with approval of the Board;
(f) to delegate, subject to
such conditions as may be prescribed, any of his powers under this Act to an
officer or officers of the University; and
(g) to exercise and perform
such other powers and functions as may be prescribed.
14. Dean.(1) There shall be a Dean of each faculty, department, college, institution
or centre to be appointed by the Chancellor on recommendation of the Vice-Chancellor,
on such terms and conditions as may be prescribed.
(2) The
Dean shall be in-charge of the faculty and shall assist the Vice-Chancellor on
matters relating to teaching, research, academic program and extension of other
development projects.
(3) Subject
to overall supervision of the Vice-Chancellor, the Dean shall formulate and
recommend to the Academic Council, rules and regulations relating to academic
and research matters of the faculty.
(4) The
Dean shall also have the following powers, namely:-
(a) to collaborate with
universities, industry and other research organizations;
(b) to formulate
recommendations to the Academic Council on the courses of study to be taught in
different departments of the faculty;
(c) to co-ordinate the award
of fellowships, stipends, medals and prizes;
(d) to co-ordinate the
teaching and research work of the faculty;
(e) to perform, such other
functions and exercise such other powers as may be entrusted or delegated to
him by the Board or the Vice-Chancellor; and
(f) to delegate any of his
powers to appropriate levels of management, subject to such conditions as he
may deem fit.
15. Registrar.(1) There shall be a Registrar of the
University to be appointed by the Chancellor on recommendation of the
Vice-Chancellor, on such terms and conditions, as may be prescribed.
(2) The
experience as well as professional and academic qualifications necessary for
appointment to the post of the Registrar shall be as may be prescribed.
(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 authorities of the University;
(b) be the custodian of the
common seal and the academic record of the University;
(c) maintain a register of
registered graduates in the prescribed manner;
(d) supervise the process of
election, appointment or nomination of members to the various authorities and
other bodies in the prescribed manner; and
(e) perform
such other duties as may be prescribed.
(4) The term of office of the Registrar shall be a
renewable period of three years:
Provided that the Board may, on advice of the
Vice-Chancellor, terminate appointment of the Registrar on grounds of
in-efficiency or misconduct in accordance with prescribed procedure.
16. Treasurer.(1) there shall be a Treasurer of the University to be appointed by the
Chancellor on recommendation of the Vice-Chancellor, on such terms and
conditions as may be prescribed.
(2) The
experience as well as professional and academic qualifications necessary for
appointment to the post of the Treasurer shall be as may be prescribed.
(3) The
Treasurer shall be the chief financial officer of the University and shall
(a) manage
the assets, liabilities, receipts, expenditures, funds and investments of the
University;
(b) prepare
annual and revised budget estimates of the University and present them to the
Executive Committee or a committee thereof for approval and incorporation in
the budget to be presented to the Board;
(c) ensure
that funds of the University are expended on the purposes for which they are
provided;
(d) have
accounts of the University audited annually; and
(e) perform
such other duties as may be prescribed.
(4) The
term of office of the Treasurer shall be for a renewable period of three years:
Provided that the Board may, on advice of the
Vice-Chancellor, terminate the appointment of the Treasurer on grounds of
in-efficiency or misconduct in accordance with prescribed procedure.
17. Controller of examinations.(1) There shall be a Controller of examinations
to be appointed by the Board on recommendation of the Vice-Chancellor on such
terms and conditions as may be prescribed.
(2) The
minimum qualifications necessary for appointment to the post of the Controller
of examinations shall be as may be prescribed.
(3) The
Controller of examinations shall be a full-time officer of the University and
shall be responsible for all matters connected with the conduct of examinations
and shall perform such other duties as may be prescribed.
(4) The
Controller of examinations shall be appointed for a renewable term of three
years:
Provided that the Chancellor may, on advice
of the Vice-Chancellor, terminate appointment of the Controller of examinations
on grounds of in-efficiency or misconduct in accordance with prescribed
procedure.
CHAPTER-IV
AUTHORITIES OF THE UNIVERSITY
18. Authorities.The following shall be the authorities of the
University, namely:
(a) authorities
established by the Act:
(i) Board;
(ii) Executive Committee;
(iii) Academic Council; and
(iv) Board of Advance study and Research; and
(b) authorities
to be established by the statutes:
(i) Board of studies;
(ii) selection Board;
(iii) finance and planning committee;
(iv) search committee for appointment of the Vice-Chancellor;
(v) representation committees for appointment
to the Board;
(vi) Board of Trustees;
(vii) quality assurance committee;
(viii) discipline committee; and
(ix) such other authorities as may be prescribed
by the Board.
19. Board of Governors.(1) The body responsible for governance of
the University shall be described as the Board and shall consist of the
following, namely:
(a) the
Chairman of the Trust who shall be a chairperson of the Board (the Board).
(b) the
Chancellor;
(c) the
Vice-Chancellor;
(d) one
member of the Government not below the rank of Additional Secretary from any
Ministry of Government;
(e) four
persons from society at large being persons of distinction in the fields of
administration, Government, management, education, academics, law, accountancy,
medicine, fine arts, architecture, agriculture, science, technology,
engineering, social and natural sciences and such that the appointment of these
persons reflects a balance across the various fields:
Provided that special focus or
affiliation of the University, to be declared in the manner prescribed, may be
reflected in the number of persons of distinction in an area of expertise
relevant to the University who are appointed to the Board;
(f) one
person nominated by the Patron of the University;
(g) two
persons from the academic community of the country, other than an employee of
the University, at the level of professor or principal of a college nominated
by the Board or Chancellor; and
(h) one
person nominated by the Higher Education Commission.
(2) The
number of members of the Board described under clauses (e) to (g) of
sub-section (1) may be increased by the Board through statutes subject to the condition
that total membership of the Board does not exceed twenty-one, with a maximum
of five University teachers (faculty) and the increase is balanced, to the extent
possible, across different categories specified in sub-section (1).
(3) Appointment
of persons described under clause (e) of sub-section (1) shall be made in
accordance with procedure as may be prescribed. All appointments to the Board
shall be made by the Chancellor in consultation of the Board of trustees and
the Chairman of the Board will be permanent member of the Board with veto powers.
(4) Members
of the Board, other than ex-officio members, shall hold office for three years.
One-third of the members, other than ex-officio members, of the first
restructured Board, to be determined by lot, shall retire from office on expiration
of one year from the date of appointment by the Chancellor. One-half of the
remaining members, other than ex-officio members, of the first restructured Board,
to be determined by lot, shall retire from office on expiration of two years from
the date of appointment and the remaining one-half, other than ex-officio members,
shall retire from office on expiration of the third year.
(5) The
Board shall meet at least twice in a calendar year.
(6) Service
on the Board shall be on honorary basis:
Provided that actual expenses may be re-imbursed
as may be prescribed.
(7) The
Registrar shall be Secretary of the Board.
(8) In
absence of the Chancellor, meetings of the Board shall be presided over by such
member, not being an employee of the University or the Government, as the
Chancellor may, from time to time, nominate. The member so nominated shall be
convener of the Board.
(9) Unless
otherwise prescribed by this Act, all decisions of the Board shall be taken on
the basis of opinion of a majority of the members present. In the event of the
members being evenly divided on any matter, the person presiding over the
meeting shall have a casting vote.
(10) The
quorum for a meeting of the Board shall be two thirds of its membership, a
fraction being counted as one.
20. Powers and functions of the Board of
Governors.(1) The Board
shall have power of general supervision over the University and shall hold the
Vice-Chancellor and the authorities accountable for all functions of the
University.
(2) The
Board shall have all powers of the University not expressly vested in an
authority or officer by this Act and all other powers not expressly provided by
this Act that are necessary for performance of its functions but which are not inconsistent
with the provisions of this Act or the statutes, regulations and rules made
there under.
(3) Without
prejudice to the generality of the foregoing powers, and subject to the
provision of this Act, the statutes and prior approval of the Board of
trustees, the Board have the powers,
(a) to approve proposed annual
plan of work, annual and revised budgets, annual report and annual statement of
accounts;
(b) to hold, control and lay
down policy for administration of the property, funds and investments of the
University, including approval of the sale and purchase or acquisition of
immovable property;
(c) to oversee quality and
relevance of the University's academic programs and to review academic affairs
of the University in general;
(d) to approve appointment of
Deans, Professors, Associate Professors and such other senior faculty and
senior administrators as may be prescribed;
(e) to
institute schemes, directions and guidelines for the terms and conditions of
appointment of all officers, faculty, teachers and other employees of the
University;
(f) to
approve the strategic plans of the University;
(g) to
approve financial resource development plans of the University;
(h) to
consider drafts of statutes and regulations proposed by the Executive Committee
and the Academic Council and deal with them in the manner as provided for in Sections
27 and 28, as the case may be:
Provided that the Board may make a
statute or regulation on its own initiative and approve it after calling for
advice of the Executive Committee or the Academic Council, as the case may be;
(i) to
annul by order in writing the proceedings of any authority or officer if the
Board is satisfied that such proceedings are not in accordance with the
provisions of this Act, statutes or regulations after calling upon such
authority or officer to show cause why such proceedings should not be annulled;
(j) to
recommend to the Chancellor removal of any member of the Board in accordance
with the provisions of this Act;
(k) to
make appointment of members of the Executive Committee, other than ex-officio
members, in accordance with the provisions of this Act;
(l) to
make appointment of members of the Academic Council, other than ex-officio
members, in accordance with the provisions of this Act;
(m) to
appoint Professors emeritus on such terms and conditions as may be prescribed;
(n) to
remove any person from membership of any authority if such person has:
(i) become of unsound mind; or
(ii) become incapacitated to function as member
of such authority; or
(iii) been convicted by a court of law for an
offence involving moral turpitude; and
(o) to
determine the form, provide for the custody and regulate the use of the common
seal of the University.
(4) The
Board may subject to the provisions of this Act delegate all or any of the
powers and functions of any authority, officer or employee of the University at
its main campus, to any authority, committee, officer or employee at its
additional campus, colleges, institutions or centers for the purpose of
exercising such powers and performing such functions in relation to such additional
campus and for this purpose the Board may create new posts or positions at the
additional campus as it deems appropriate.
21. Executive Committee.(1) There shall be an Executive Committee of
the University consisting of the following, namely:
(a) Vice-Chancellor
who shall be its chairperson;
(b) Deans
of faculties of the University;
(c) three
Professors from different departments, who are not members of the Board, to be
elected by the University teachers in accordance with procedure to be prescribed
by the Board of Trustees in consultation with the Board;
(d) Principals
of the constituent colleges, centers and institutions;
(e) Registrar;
(f) Treasurer;
and
(g) Controller
of examinations.
(2) Members
of the Executive Committee, other than ex-officio members, shall hold office
for three years.
(3) As
regards the three Professors described in clause (c) of sub-section (1), the
Board may, as an alternative to elections, prescribe a procedure for proposal
of a panel of names by the representation committee set up in terms of Section
25. Appointment of persons proposed by the representation committee may be made
by the Board on recommendation of the Vice-Chancellor.
(4) The
quorum for a meeting of the Executive Committee shall be one-half of the total
number of members, a fraction being counted as one.
(5) The
Executive Committee shall meet at least once in each quarter of the year.
22. Powers and duties of the Executive
Committee.(1) The Executive
Committee shall be the executive body of the University and shall, subject to
the provisions of this Act and the statutes, exercise general supervision over
affairs and management of the University.
(2) Without
prejudice to the generality of the foregoing powers and subject to the
provisions of this Act, the statutes and directions of the Board of trustees,
the Board, the Executive Committee shall have the following powers to,
(a) consider
annual report, annual and revised budget estimates and to submit these, to the
Board of trustees;
(b) transfer,
and accept transfer, of movable property on behalf of the University;
(c) enter
into, vary, carry out and cancel contracts on behalf of the University;
(d) cause
proper books of accounts to be kept for all sums of money received and expended
by the University and for the assets and liabilities of the University;
(e) 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 (Act III of
1882) or in the purchase of immovable property or in such other manner, as it
may prescribe, with the like power of varying such investments;
(f) receive
and manage any property transferred and grants, bequests, trust, gifts,
donations, endowments and other contributions made to the University;
(g) administer
any funds placed at the disposal of the University for specified purposes;
(h) provide
the buildings, libraries, premises, furniture, apparatus, equipment and other
means required for carrying out the work of the University;
(i) establish
and maintain halls of residence and hostels or approve or license hostels or
lodgings for residence of students;
(j) recommend
to the Board admission of educational institutions to the privileges of the
University and withdraw such privileges;
(k) arrange
for the inspection of colleges and the departments;
(l) institute
professorships, associate professorships, assistant professorships,
lectureships and other teaching posts or to suspend or to abolish such posts;
(m) create,
suspend or abolish such administrative or other posts as may be necessary;
(n) prescribe
the duties of officers, teachers and other employees of the University;
(o) report
to the Board on matters with respect to which it has been asked to report;
(p) appoint
members to various authorities in accordance with the provisions of this Act;
(q) propose
drafts of statutes for submission to the Board;
(r) regulate
conduct and discipline of students of the University;
(s) take
actions necessary for good administration of the University in general and to
this end exercise such powers as are necessary;
(t) delegate
any of its powers to any authority or officer or a committee; and
(u) perform
such other functions as have been assigned to it by provisions of this Act or
may be assigned to it by statutes.
23.
Academic Council.(1) The Academic Council of the University
shall be the academic body of the University and shall by statues have the
powers to lay down proper standards of instructions, research and publication
and examination and to regulate and promote 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) advice
the Board on the academic matters;
(b) regulate
the conduct of teaching, research, publication and examination;
(c) approve
the policies and procedures pertaining to the quality of academic programs;
(d) approve
academic programs;
(e) approve
the policies and procedures pertaining to student-related functions including
admissions, expulsions, punishments, examinations and certification;
(f) approve
the policies and procedures assuring quality of teaching and research;
(g) propose
to the Executive Committee schemes for the constitution and organization of
faculties, teaching departments and Boards of studies;
(h) appoint
paper setters and examiners for all examinations of the University after
receiving panels of names from the relevant authorities;
(i) institute
programs for the continued professional development of University teachers at
all levels;
(j) recognize
examinations of other universities or examining bodies as equivalent to the
corresponding examinations of the University;
(k) regulate
award of studentships, scholarships, exhibitions, medals and prizes;
(l) make
regulations for submission to the Board for the constitution of faculties and
the teaching departments;
(m) prepare
an annual report on academic performance of the University;
(n) regulate
the admission of students to the courses of studies and the examinations at the
University;
(o) regulate
the conduct and the discipline of the students and faculty; and
(p) perform
such functions as may be prescribed by regulations and statutes.
(3) There
shall be academic department for each subject or group of subjects as may be
prescribed by regulations and each academic department shall be headed by a
head of department.
(4) The
head of Academic Department shall be appointed be the Board on the
recommendation of the Vice-Chancellor from amongst three senior most professors
shall be eligible for re-appointment provided that in a department where there
are less than three eligible professors, the appointment shall be made amongst
three most senior associates professors and professors of departments. The head
of department shall plan, organize and supervise the work of department and
shall be responsible to the Dean for the work of department.
(5) The
head of department shall under the supervision of Vice-Chancellor and Dean
supervise all administrative, financial and academic powers and such other
duties and powers as may be delegated to him.
(6) The
head of departments shall prepare a comprehensive reports regarding the
performance of departments at the under graduate, graduate and post graduate
level, faculty research and development and submit the report to the Dean of
faculty for his evaluation.
(7) The
Board of advance studies and research shall consist of:
(a) Vice-Chancellor;
(b) all
the Deans;
(c) one
University professor from each faculty other than Dean to be appointed by the
Board;
(d) one
member nominated by the Patron;
(e) three
members from the relevant research originations and Government departments to
be nominated by the Board and registrar as the Secretary; and
(f) term
of the members of Board of advance studies shall be other than the ex-officio member shall be three years
and the quorum will be one half of total number of members.
24. First Statutes.The schedule prescribes the regulations for
the establishment of departments, faculties and bodies under the first statutes
of the University.
25. Appointment of committees by certain
authorities.(1) The Board,
the Executive Committee, the Academic Council and other authorities may, from
time to time, appoint such standing, special or advisory committees, as they
may deem fit, and may place on such committee persons who are not members of
the authorities appointing the committees.
(2) The
Board of Trustees shall take necessary actions on all related issues of the
University and its decision shall be the final after Chairman of the trust's
decision on that issue.
(3) The
constitution, functions and powers of the authorities for which no specific
provision has been made in this Act shall be such as may be prescribed by statutes
or regulations.
CHAPTER-V
STATUTES, REGULATIONS AND RULES
26. Regulations.(1) Subject to the provisions of this Act and
the statues, the Academic Council may make regulations, to be published in the
official Gazette, for all or any of the following matters, namely:
(a) courses of study for
degrees, diplomas and certificates of the University;
(b) manner in which the
teaching referred to in sub-section (1) of Section 6 shall be organized and
conducted;
(c) admission and expulsion of
students to and from the University;
(d) conditions under which
students shall be admitted to the courses and examinations of the University
and shall become eligible for award of degrees, diplomas and certificates;
(e) conduct
of examinations;
(f) conditions under which a
person may carry on independent research to entitle him to a degree;
(g) institution of
fellowships, scholarships, exhibitions, medals and prizes;
(h) use
of the library;
(l) formation of faculties,
departments and Board of studies; and
(j) all other matters which
by this Act or the statutes are to be or may be prescribed by regulations.
(2) Regulations
shall be proposed by the Academic Council and shall be submitted to the Board
which may approve them or withhold approval or refer them back to the Academic
Council for re-consideration. A regulation proposed by the Academic Council
shall not be effective unless it receives approval of the Board.
(3) Regulations
regarding or incidental to matters contained in clauses (g) and (i) of
sub-section (1) shall not be submitted to the Board without prior approval of
the Executive Committee.
27. Amendment and repeal of statutes and
regulations.The procedure
for adding to amending or repealing the statutes and the regulations shall be
the same as that prescribed respectively for framing or making Statutes and
Regulations.
28. Rules.(1) The authorities and other bodies of the University may make rules,
to be published in the official Gazette, consistent with this Act, statutes and
the regulations, to regulate any matter relating to affairs of the University which
has not been provided for under this Act or that is not required to be
regulated by statutes and regulations, including rules to regulate the conduct
of business and the time and place of meetings and related matters.
(2) Rules
shall become effective upon approval by the Executive Committee and the Board
of trustees.
CHAPTER-VI
UNIVERSITY FUND
29. The University fund.(1) The University shall have a fund to which
shall be credited its income from fees, donations, trusts, bequests,
endowments, grants, contributions and all other sources:
(2) Capital
recurrent expenditure of the University shall be met from contributions made by
the Board and any other source, including other foundations, universities and
individuals and from the income derived from such sources.
(3) No
contribution, donation or grant which may directly or indirectly involve any
immediate or subsequent financial liability for the University, shall be accepted
without prior approval of the Board.
30. Audit and accounts.(1) The accounts of the University shall be maintained
in such form and manner as may be determined by the Board and work under the
Finance and Planning Committee. The committee shall consist of Vice-Chancellor,
all the Deans, one member of the Board nominated by the Board, one nominee of
the Academic Council, and one member of the independent auditor. The quorum of
the meeting shall be five and the term of nominated members will be three
years. The Director finance shall be the Secretary of the Finance and Planning Committee.
(2) Function
of committee shall be to prepare the annual statement of accounts, propose and
annul budget estimates and advice to the Board thereon, review periodically the
financial position of the University and advice the Board on all matters
related to finance, investment and accounts of the University and to perform
such other functions as may be prescribed by the statutes.
CHAPTER-VII
GENERAL PROVISIONS
31. Commencement of term of members of
authorities.(1) When a
member of a authority is elected, appointed or nominated, his term of office,
as fixed under this Act shall commence from such date as may be prescribed.
(2) Where
a member who has accepted any other assignment or for any other similar reason
remained absent from the University for a period of not less than six months,
he shall be deemed to have resigned and vacated his seat.
32. Disputes about membership of authorities.(1) Notwithstanding anything contained in
this Act, a person nominated or appointed to any authority shall cease to be
member of such authority as soon as he ceases to hold the position by virtue of
which he was nominated or appointed.
(2) If
a question arises whether any person is entitled to be a member of any
authority, the matter shall be referred to a committee consisting of the
Chancellor, two nominees of the Board and a nominee of the Vice-Chancellor and
decision of the committee thereon shall be final and binding.
33. Proceedings of authorities not invalidated
by vacancies.No act,
resolution or decision of any authority shall be invalid by reason of any
vacancy on the authority doing, passing or making it or by reason of any want
of qualification or appointment or nomination of any de facto member or the
authority, whether present or absent.
34. Removal of difficulties.If any difficulty arises as to the first constitution
or re-constitution of any authority upon coming into force of this Act or otherwise
in giving effect to any provision of this Act, the Patron may give appropriate directions
to remove such difficulty.
35. Indemnity.No suit or legal proceedings shall lie
against the Government, the University or any authority or employee of the
University or any person, in respect of anything which is done or purported to
have been done in good faith under this Act.
---------------------------------
ACT NO. X OF 2013
An Act further to amend the
[Gazette of
No.
F. 9(18)/2012-Legis.The
following Act of Majlis-e-Shoora (Parliament) received the assent of the
President on
WHEREAS it is expedient further to amend the
Pakistan Coinage Act, 1906 (III of 1906), for the purposes hereinafter
appearing;
It is hereby enacted as follows:
1. Short title and commencement.(1) This Act may be called Pakistan Coinage
(Amendment) Act, 2013.
(2) It
shall come into force at once.
2. Amendment of Section 6, Act III of 1906.In the
3. Substitution of Section 13, Act III of 1906.In the said Act, for Section 13, the
following shall be substituted, namely:
"13.
Coins when a legal tender.(1)
The coins issued under the authority of Section 6 shall be legal tender in
payment or on account for any sum:
Provided
that the coin has not been defaced and has not lost weight so as to be less
than such weight as may be prescribed in its case.
(2) All the gold or silver coins issued under
the Act on or after the 1st day of January, 1976, shall continue as before to
be legal tender in payment of on account for any sum:
Provided
that the coin has not been defaced and has not lost more than one-fortieth of
weight as specified below:-
(a) in
case of gold,
(i) 33.437 grams in the case of three thousand
rupee coin issued in 1976 to commemorate the conservation of Astor Markhor;
(ii) 9 grams in the case of one thousand rupee
coin issued in 1977 to commemorate the Islamic Summit Conference;
(iii) 4.5 grams in the case of five hundred rupee
coin issued in 1976 to celebrate the 100th birth anniversary of Quaid-e-Azam
Muhammad Ali Jinnah; and
(iv) 3.64 grams in the case of five hundred rupee
coin issued in 1977 to celebrate the 100th birth anniversary of Allama Iqbal; and
(b) in
case of silver,
(i) 28.28 grams in the case of one hundred
rupee coin issued in 1976 to commemorate conservation of
(ii) 20.44 grams in the case of one hundred
rupee coin issued in 1976 to celebrate the 100th birth anniversary of
Quaid-e-Azam Muhammad Ali Jinnah;
(iii) 20.44 grams in the case of one hundred rupee
coin issued in 1977 to commemorate the Islamic Summit Conference;
(iv) 20.40 grams in the case of one hundred rupee
coin issued in 1977 to celebrate the 100th birth anniversary of Allam Iqbal;
and
(v) 35 grams in the case of one hundred fifty
rupee coin issued in 1976 to commemorate the conservation of Gharial
Crocodile.".
4. Insertion of new Section 15AA, Act III of
1906.In the said Act, after
Section 15A, the following new section shall be inserted, namely:
"15AA.
Decimal coinage.State Bank
of
5. Omission of Section 15B, Act III of
1906.In the said Act, Section
15B shall be omitted.
-----------------------------
ACT NO. XI OF 2013
An Act to provide for the registration,
regulation and functioning of private educational institutions in
[Gazette of
No.
F. 9(1)/2013-Legis.The
following Act of Majlis-e-Shoora (Parliament) received the assent of the
President on
WHEREAS, it is expedient to regulate the
functioning of private educational institutions in the Islamabad Capital
territory and to provide for the registration of such institutions ensuring
adequate transparency and proper discipline and for matters connected therewith
or incidental thereto;
It is hereby enacted as follows:
1. Short title, extent and commencement.(1) This Act may be called the Islamabad
Capital Territory Private Educational Institutions (Registration and Regulation
)Act, 2013.
(2) It
extends to the whole of the
(3) It
shall come into force at once.
2. Definitions.In this Act, unless there is anything
repugnant in the subject or context,
(a) "Authority"
means the Islamabad Capital Territory Private Educational Institutions
Regulatory Authority (ICT-PEIRA) established under Section 3;
(b) "Board"
means the Federal Board of Intermediate and Secondary Education,
(c) "Chairman"
means the Chairman of the Authority;
(d) "college"
means a privately managed college imparting education for intermediate or
higher secondary education or equivalent;
(e) "Government"
means the Federal Government;
(f) "institution"
means a privately managed school, college, tuitions centre or an institution
imparting education upto intermediate or higher secondary school level or
equivalent;
(g) "member"
means the member of the Authority;
(h) "prescribed"
means prescribed by rules or regulations made under this Act;
(i) "privately
managed" means an institution which is not owned or managed by a
Government, a local body or a body set up or control led by the Government;
and.
(j) "school"
means a privately managed school or tuition centre imparting education at
pre-primary level including day-care centre and from pre-primary level to
secondary education level or equivalent.
3. Establishment of the Authority.(1) There shall be established an Authority
to be known as the Islamabad Capital Territory Private Educational Institutions
Regulatory Authority (ICT-PEIRA).
(2) The
Authority shall be a body corporate, having perpetual succession and a common
seal, with power, subject to the provisions of this Act to enter into
contracts, acquire and hold property, both movable and immovable, and shall by
the said name sue and be sued.
4. Aims and objectives of Authority.The aims and objectives of the Authority
shall be to register and regulate privately managed educational institutions in
the Islamabad Capital Territory to ensure that such institutions follow a
uniform policy that includes,
(a) curricula
according to Federal scheme of studies;
(b) duration
of academic session and holidays or vacations;
(c) determination
and fixation of rate of fee being charged by the institutions, qualifications
of teaching staff, their terms and conditions of service including salaries and
mode of payment of their salaries;
(d) promotion
of curricular and co-cumcular activities on inter-institutional basis;
(e) achievement
of fair measure of uniformity of academic standards and evaluation among the
institutions;
(f) capacity
building of teachers; and
(g) performance
of such other functions as may be incidental or conducive, to the attainment of
the aforementioned objectives.
5. Functions and power of the Authority.(1) the functions and powers of the Authority
shall be,
(a) to
regulate, determine and administer all matters and do all such acts and things
as are necessary for the achieving of aims and objectives of this Act;
(b) to
register and regulate, private educational institutions in Islamabad Capital
Territory including fixation of grade-wise rate of admission fee, security fee,
monthly tuition fee and other fees being charged by private educational
institutions;
(c) to
cause inspections to be made by such persons as the Authority may nominate of
institutions applying for registration or of registered institutions;
(d) to
withdraw registration if it is satisfied after the inspection that the management
and instructions in an institution are not of Prescribed standard and are in
violation of the provisions of this Act;
(e) to
check qualifications of teaching staff and their terms and conditions of
service;
(f) to
fix, demand and receive such fee for registration and inspection of the
institution as may be prescribed;
(g) to
adopt measures to promote physical and moral well-being of students including
sports facilities;
(h) to
ensure that the services, quality of education being provided and salary paid
to the teachers commensurate with the fee being charged;
(i) to
ensure that the building of the institution is adequate and its structure is
sound to house the students;
(j) to
arrange for the annual audit of the accounts of the Authority;
(k) to
execute any other important matter concerning its functions as may be
incidental or conducive to the exercise of aforesaid powers and performance of
functions; and
(l) to
make rules, regulations and policy and to execute the same; and
(m) to
prescribe fines to be imposed for, violation of any of the provisions conferred
upon the Authority under this section.
(2) The
Authority shall perform such other functions as may be assigned to it by the
Government including the appointment of staff and determination of their terms
and conditions of service for proper execution of the functions assigned to the
Authority under this Act.
(3) In
discharge of its functions the Authority shall be guided on questions of policy
given to it from time to time by the Government.
(4) All
the law enforcement agencies shall come in aid of the Authority in exercise of
its powers and performance of its functions.
6. Composition of the Authority.The Authority shall consist of a Chairman,
two Members possessing qualifications and experience as may be prescribed:
Provided that the Government may at any time,
increase the number of members and by notification in the official Gazelle,
prescribed the qualifications and mode of their appointment.
7. Appointment, functions and powers of
Chairman.(1) The Chairman
and the members shall be appointed by the Government on such terms and
conditions as it may determine.
(2) The
Chairman shall be the chief executive officer of the Authority, who shall
ensure the observance of the provisions of this Act and the rules, regulations and
policy made there under.
(3) The
Chairman shall take all possible steps to ensure that the funds of the
Authority are spent judiciously and properly.
8. Maintenance of accounts and audit.The Authority shall maintain complete
accounts of income and expenditure in such manner and form as the Government,
in consultation with the Controller General of Accounts, may determine. The
accounts shall be audited by the Auditor General of
9. Funds.(1) The Authority shall be a self-financing body. In addition to this,
the Government shall allocate annual grant which shall be at the disposal of the
Authority, to meet all the expenses including pay and allowances of the staff.
(2) The
Authority shall have a Fund to which shall be credited all income including
income from inspection fee, registration fee, security fee, fine, other sources
and annual grant from the Government, and account therefore shall be maintained
in a scheduled bank.
10. Staff's pay and allowances.(1) The pay and allowances of the staff shall
be such as are in force in the Board or other similar regulatory authorities of
the Government.
(2) The
Authority may appoint such staff as may be prescribed under rules for carrying
out its functions.
11. Directions from Government.The general direction and administration of
the affairs of the Authority shall vest in the Chairman and members. The
Government shall be the sole judge as to whether a question is a question of policy
and may, as and when it considers necessary, issue directives to the Authority on
matters of policy and the same shall be binding on the Authority.
12. Establishment or continuance of an
institution.No institution shall
be established or continued except in accordance with the provisions of this
Act.
13. Application for registration of an institution.(1) Any person intending to establish or
continue any existing institution shall make an application to the Authority in
the prescribed form accompanied by such documents and fee as may be prescribed.
(2) An
existing institution may continue to function for a period not exceeding ninety
days from the commencement of this Act and where an application is made under
sub-section (1) until the application is rejected or if any appeal is preferred
until the decision of the appeal.
(3) Every
institution or its branches running under the same management or name at
different premises shall be registered separately.
(4) Affiliation
of a private educational institution with the Board or any foreign board or any
other examining body shall be subject to registration with the Authority.
14. Inquiry and recommendation about the
application.(1) The Authority
may, on the receipt of an application under Section 13 constitute an Inspection
Committee to make inquiry about such matters as may be prescribed.
(2) The
Inspection Committee shall submit its recommendations to the Authority within
thirty days of the receipt of the application by it under sub-section (1).
(3) The
Authority shall, after considering the report of the Inspection Committee and
after making such further inquiry, as it considers necessary, either grant or
reject the application.
(4) The
Authority shall record reasons for granting or rejecting the application:
Provided that no order of refusal shall be
made without giving the person concerned an opportunity of being heard.
15. Monitoring, inspection, etc.(1) An institution shall be subject to monitoring
by the Authority and for this purpose the Government or any officer or authority
authorized by it may inspect any institution with a view to ensuring that such
an institution is maintained in accordance with the provisions of this Act, the
rules and the terms and conditions of the certificate of registration and the
management of the institution shall afford all facilities for carrying out a
proper inspection.
16. Cancellation or suspension of certificate
of registration.(1) Where
the Authority, on receipt of a complaint or otherwise, after making such
inquiry or inspection as deemed fit, is satisfied that there is a contravention
of any of the provisions of this Act, the rules or terms or condition of the
certificate of registration or any order passed or instruction issued by the
Authority, it may after giving an opportunity to the person concerned of being
heard, suspend or cancel the certificate of registration:
Provided that where the default can be
remedied no order shall be made unless an opportunity is provided to the person
concerned to rectify such default within the specified period.
(2) On
the cancellation or suspension of the certificate of registration, the Authority
may make such orders and take such action with respect to the completion of the
current education term as may be considered necessary.
(3) On
the cancellation of the certificate of registration under this section, the
institution shall be closed down by the Authority.
17. Appeal.Where the Authority rejects an application for registration or suspends
or cancels the certificate of registration the aggrieved person may, within
thirty days from the date of the order of the Authority, prefer an appeal to
the Secretary, Ministry of Capital Administration and Development and the order
passed by him shall be final and given effect to by the Authority.
18. Annual reports.(1) The institutions shall
furnish to the Authority each year a report on annual audit accounts, repon on
the activity of the institution during the preceding year and such information
relating to its activities as may be required by the Authority.
(2) The Authority may, from time
to time, give such instructions as it considers necessary for compliance by the
institutions.
(3) The Authority shall submit
to the Government, as soon as possible after the end of every financial year
but before the 30th September, a report on the conduct of its affairs for the
year.
19. Penalty.Subject to the provisions of Section 13, whoever runs an institution
in contravention of the provisions of this Act or the rules made there under shall
be punished with imprisonment which may extend to one year or with fine which
may extend to five thousands rupees for each day during the period the offence
continues, or with both.
20. Cognizance of offence.No court snail take cognizance of an offence under
this Act except upon a complaint in writing made by the Authority or any other authorized
by it in this behalf and no court inferior to that of a Magistrate of the First
Class shall try any such offence.
21. Indemnity.No suit or legal proceedings shall lie against the Government,
the Authority or any person acting under this Act for anything which is done in
good faith or intended to be done under this Act.
22. Power to make rules.The Government may, by notification in the official
Gazette, make rules to carry out the purposes of this Act.
23. Power to make regulation.A board may, with the prior approval in writing of the
Government, make such regulations as appear to it to be necessary for carrying
out the purposes of this Act.
24. Removal of difficulties.If any difficulty arises in
giving effect to any provisions of this Act, the Government may make such
order, not inconsistent with the express provisions of this Act, as may appear
to it necessary or expedient for the purpose of removal of the difficulty.
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