Vol. XLI                                                  2013

PAKISTAN LAW JOURNAL

(P.L.J.)

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Punjab Statutes

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ACT I OF 2013

PUNJAB GOVERNMENT SERVANTS HOUSING FOUNDATION (SECOND AMENDMENT) ACT, 2012

An Act further to amend the Punjab Government Servants Housing Foundation Act, 2004

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

No. PAP-Legis-2(126)/2012/805.--The Punjab Government Servants Housing Foundation (Second Amendment) Bill, 2012, originally passed by the Provincial Assembly of the Punjab on the 18th day of July 2012, was sent to the Governor of the Punjab for assent. The Governor returned the Bill for reconsideration by the Assembly. The Provincial Assembly of the Punjab, after reconsideration, again passed the Bill on the 27th day of December 2012. Since the Governor has assented to the Bill on 3 January 2013, the same is published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient further to amend the Punjab Government Servants Housing Foundation Act, 2004 (X of 2004) for purposes hereinafter appearing;

It is enacted as follows:--

1.  Short title and commencement.--(1) This Act may be cited as the Punjab Government Servants Housing Foundation (Second Amendment) Act, 2012.

(2)  It shall come into force at once.

2.  Amendment in preamble of Act, X of 2004.--In the Punjab Government Servants Housing Foundation Act, 2004 (X of 2004), hereinafter referred to as the said Act, in the preamble, after the word "providing houses", the words "or plots" shall be inserted.

3.  Amendment in Section 2 of Act, X of 2004.--In the said Act, in Section 2--

(a)     after clause (f), the following clause (ff) shall be inserted:-

          "(ff)   "house" includes a flat or quarter of any category to be allocated to a member;"; and

(b)     after clause (g), the following clause (gg) shall be inserted:--

          "(gg)  "plot" means a residential plot of any category to be allocated to a member;".

4.  Amendment in Section 7 of Act, X of 2004.--In the said Act, in Section 7--

(a)     in clause (c), for the words "residential colonies and units with provisions for market", the words "housing schemes with provisions for houses or plots, commercial area" shall be substituted; and

(b)     in clause (d), for the words "in order to construct houses, flats, quarters or dwelling units for ultimate transfer to", the words "to establish housing schemes for" shall be substituted.

5.       Amendment of Section 14 of Act, X of 2004.--In the said Act, for Section 14, the following shall be substituted:--

"14. Termination of membership.--(1) The Managing Director of the Foundation may, in the prescribed manner and after affording an opportunity of hearing, terminate the membership of a Government servant.

(2) Any person aggrieved from an order passed under sub-section (1) may, within thirty days from the date of the communication of the order, file representation against the order before the Board and the Board shall pass appropriate orders on such representation after giving the aggrieved person an opportunity of being heard."

6.       Amendment in Section 15 of Act, X of 2004.--In the said Act, in Section 15, for the words "pay bills", wherever occur, the word "salary" shall be substituted.

7.       Amendment in Section 16 of Act, X of 2004.--In the said Act, in Section 16, for the words "residential units", wherever occur, the words "houses or plots" shall be substituted.

8.       Substitution of Section 17 of Act, X of 2004.--In the said Act, for Section 17, the following shall be substituted:--

17. Location etc. of houses and plots.--(1) The housing schemes shall be carried out at locations as may be determined by the Board and a member may be given three options of preference of the locations of his choice.

(2) The Board shall allocate a house or plot to a member depending upon his option and entitlement on the basis of seniority, date of retirement or any other deserving circumstance.

(3)  The Board shall determine price of a house or plot in a housing scheme.

(4)  The Foundation shall annually update all payments made by a member.

(5)  The Foundation shall not allot a house or plot to a member unless the member has paid in full the price of the house or plot before draw."

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ACT II OF 2013

PUNJAB LAND REVENUE (AMENDMENT) ACT, 2012

An Act further to amend the Punjab Land Revenue Act, 1967.

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

No.PAP-Legis-2(150)/2012/806. The Punjab Land Revenue (Amendment) Bill, 2012, having been passed by the Provincial Assembly of the Punjab on 27 December 2012, and assented to by the Governor of the Punjab on 3 January 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient further to amend the Punjab Land Revenue Act, 1967 (XVII of 1967) for purposes hereinafter appearing;

It is enacted as follows:--

1.       Short title and commencement.--(1) This Act may be cited as the Punjab Land Revenue (Amendment) Act, 2012,

(2)  It shall come into force at once.

2.       Insertion of Section 135-A in Act, XVII of 1967.--In the Punjab Land Revenue Act, 1967 (XVII of 1967), hereinafter referred to as the said Act, after Section 135, the following Section 135-A shall be inserted :--

"135-A. Partition in case of inheritance.--(1) Notwithstanding anything contained in Section 135, immediately after the inheritance mutation has been sanctioned and without any application, the Revenue Officer shall serve notice on all joint land-owners of the holding to, submit, within thirty days, a scheme of private partition agreed to by all the joint land-owners.

(2)  If the scheme of private partition under sub-section (1) is submitted, the Revenue Officer shall affirm the scheme in accordance with the provisions of Section 147.

(3)     Notwithstanding anything contained in this Act, a scheme for private partition between all the joint land-owners may include site of a town or village.

(4)     If the scheme under sub-section (1) is not filed within the stipulated time, the Revenue Officer shall immediately commence proceedings for the partition of the joint holding."


3.       Amendment in Section 136 of Act, XVII of 1967.--In the said Act, in Section 136, for the word and figures "Section 135", the words and figures "Sections 135 and 135-A" shall be substituted.

4.       Amendment in Section 137 of Act, XVII of 1967.--In the said Act, in Section 137, the commas, words, figures and brackets", and not against the provisions of the West Pakistan Land Reforms Regulation, 1959 (Martial Law Regulation No. 64)," shall be omitted.

5.       Omission of Section 139 of Act, XVII of 1967.--In the said Act, Section 139 shall be omitted.

6.       Amendment in Section 140 of Act, XVII of 1967.--In the said Act, in Section 140, for the words, figures and commas "If the Revenue Officer does not reject the application under Section 139, he shall ascertain the questions, if any, in dispute between any of the persons interested", the words and commas "The Revenue Officer shall ascertain the questions, if any, in dispute between any of the persons interested in the partition of the holding" shall be substituted.

7.       Amendment in Section 141 of Act, XVII of 1967.--In the said Act, in Section 141, for sub-Sections (1) to (4), the following shall be substituted:--

"(1)    If a question of title in the holding is raised in the partition proceedings, the Revenue Officer shall inquire into the substance of such question.

(2)     If as a result of the inquiry, the Revenue Officer is of the opinion that the question of title raised in a partition proceedings:

          (a)      is well founded, he may, for reasons to be recorded, require a party specified by him to file a suit in the competent Court, within such period not exceeding thirty days from the date of his order, for obtaining a decision regarding the question; or

          (b)     is not well founded, he shall proceed with the partition of the holding.

(3)     In case the suit is filed under sub-section (2), the Revenue Officer shall suspend further action on the partition proceedings till the decision of the suit and submission before him the order or decree of the Court.

(4)     In case the suit is not filed within the specified period, the Revenue Officer shall proceed to decide the question of title and on that basis, the partition of the holding."

8.       Insertion of Section 142-A in Act, XVII of 1967.--In the said Act, after Section 142, the following Section 142-A shall be inserted:--

“142-A. Time limit for decision of partition cases.--(1) The Revenue Officer shall decide the case of partition within a period of one hundred and eighty days from the date of application for partition or from the date of sanctioning of the mutation of inheritance:

(2)     If the Revenue Officer, for reasons beyond his control, is unable to decide the case of partition within the time stipulated in sub-section (1), he shall submit the case, with reasons, to the District Collector, fifteen days prior the expiry of that period, for extension of the period.

(3)     The District Collector may, in an exceptional case and for reasons to be recorded, grant one time extension of time for decision of a partition case for a period not exceeding sixty days subject to such conditions as he deems appropriate to impose for expeditious disposal of the case.

(4)     In case the Revenue Officer is required to decide the question of title in the partition proceedings under sub-section (5) of Section 141, an additional period of one hundred and eighty days shall be deemed to have been added to the period mentioned in sub-section (1).

(5)  If the Revenue Officer fails to decide a partition case within the period specified in this section or contravenes any condition imposed by the District Collector, he shall be liable to disciplinary action in accordance with law."

9.  Time Limit for Pending Cases.--(1) The Revenue Officer shall decide the case of partition of holding pending adjudication with him at the time of commencement of this Act within one hundred and eighty days reckoned from the date of commencement of the Act.

(2)  All other provisions of Section 142-A of the Land Revenue Act, 1967 (XVII of 1967) shall, as far as possible, apply to the pending cases of partition mentioned in sub-section (1).

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ACT III OF 2013

PUNJAB PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE (AMENDMENT) ACT, 2012

An Act to amend the Protection Against Harassment of Women at the Workplace Act, 2010.

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

No.PAP-Legis-2(154)/2012/807. The Punjab Protection Against Harassment of Women at the Workplace (Amendment) Bill, 2012, having been passed by the Provincial Assembly of the Punjab on 27 December 2012, and assented to by the Governor of the Punjab on 3 January 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient to amend the Protection Against Harassment of Women at the Workplace Act, 2010 (IV of 2010) for purposes hereinafter appearing;

It is enacted as follows:--

1.  Short title and commencement.--(1) This Act may be cited as the Punjab Protection Against Harassment of Women at the Workplace (Amendment) Act, 2012.

(2)  It shall come into force at once.

2.       Amendments in Act, IV of 2010.--In the Protection Against Harassment of Women at the Workplace Act, 2010 (IV of 2010), hereinafter referred to as the said Act, for the word "Ombudsman", wherever occurs, the word "Ombudsperson" shall be substituted.

3.       Amendment in Section 1 of Act, IV of 2010.--In the said Act, in Section 1, for sub-section (2), the following shall be substituted:--

"(2)  It extends to whole of the Punjab."

4.       Amendment in Section 2 of Act, IV of 2010.--In the said Act, in Section 2--

(a)     in clause (b), for the expression "Industrial Relations Act, 2008 (IV of 2008)", the expression "Punjab Industrial Relations Act, 2010 (XIX of 2010)" shall be substituted;

(b)     in clause (g)--

          (i)      for paragraph (iii), the following shall be substituted:--

                    "(iii) the authority, in relation to an organization or group of organizations run by or under, the authority of the Government, the Federal Government or any other Provincial Government, appointed in this behalf or, where no such authority is appointed, the head of the organization or group of organizations;"; and

          (ii)     in paragraph (vii), the words "a department or a Division of” shall be omitted; and

(c)     after clause (g), the following clause (gg) shall be inserted:--

          "(gg)  "Government" means Government of the Punjab;".

5.       Amendment in Section 6 of Act, IV of 2010.--In the said Act, in Section 6, sub-Sections (4) and (5) shall be omitted.

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

"7. Ombudsperson.--The Government shall appoint the Ombudsperson on such terms and conditions as may be prescribed.

(2)     A person shall be qualified to be appointed as the Ombudsperson who is not less than forty five years of age and--

          (a)      has been or is qualified to be a Judge of a High Court; or

          (b)     has been in the service of Pakistan in BS-20 or above; or

          (c)      is an eminent educationist with not less than four years administrative experience.

(3)     The Ombudsperson shall not--

          (a)      hold any other office of profit in the service of Pakistan; or

          (b)     occupy any other position carrying the right to remuneration for the rendering of services.


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

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

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

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

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

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

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

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

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ACT IV OF 2013

PUNJAB PARTITION OF IMMOVABLE PROPERTY ACT, 2012

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

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

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

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

It is enacted as follows:-

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

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

(3)     It shall come into force at once.

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

3.  Definitions.--(1) In this Act–

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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ACT V OF 2013

WOMEN UNIVERSITY MULTAN (AMENDMENT) ACT, 2012

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

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

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

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

It is enacted as follows:--

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

(2)  It shall come into force at once.

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

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

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

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

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

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

(a)     Chancellor;

(b)     Pro-Chancellor;


(c)     Vice Chancellor;

(d)     Pro-Vice Chancellor;

(e)     members of an Authority;

(f)      chairpersons and Deans;

(g)     teachers and students of the University; and

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

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

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

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

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ACT VI OF 2013

GOVERNMENT COLLEGE WOMEN UNIVERSITY FAISALABAD ACT, 2012

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

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

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

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

It is enacted as follows:--

CHAPTER I

PRELIMINARY

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

(2)     It shall come into force at once.

2.  Definitions.--In this Act:

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

(b)     “affiliated college” means a college or institute affiliated with the University;

(c)     “Authority” means an Authority of the University;

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

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

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

(g)     “constituent college” means a college maintained and administered by the University;

(h)     “Controller of Examinations” means the Controller of Examinations of the University;

(i)      “Dean” means the head of a faculty of the University;

(j)      “department” means a teaching department maintained and administered by the University in the prescribed manner;

(k)     “faculty” means an administrative and academic unit of the University consisting of one or more departments, institutes or constituent colleges;

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

(m)    “institute” means an institute established, maintained and administered by the University;

(n)     “prescribed” means prescribed by the rules, statutes or regulations;

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

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

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

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

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

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

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

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

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

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

CHAPTER II

THE UNIVERSITY

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

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

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

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

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

(a)     Chancellor;

(b)     Pro-Chancellor;

(c)     Vice Chancellor;

(d)     Pro-Vice Chancellor;

(e)     members of an Authority;

(f)      chairpersons and Deans;

(g)     teachers and students of the University; and

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

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

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

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

4.  Functions of the University.--(1) The University shall–

(a)     provide for education in such branches of knowledge as it may deem fit, and make provisions for research, service to the society and for the application, advancement and dissemination of knowledge in such manner as it may determine;

(b)     establish, maintain and administer a department, constituent college or an institute;

(c)     establish and support other facilities for education, training and research;

(d)     prescribe courses of studies;

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

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

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

(h)     engage, where necessary, a person on contract for specified duration and to specify the terms of the engagement;

(i)      provide career counselling and job search services to the students and alumni;

(j)      maintain linkages with alumni;

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

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

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

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

(o)     institute and award financial assistance to students in need, fellowships, scholarships, bursaries, medals and prizes in the prescribed manner;

(p)     provide for the residence of the students, establish and maintain halls of residence and may approve or licence a hostel, lodging or boarding place;

(q)     maintain order, discipline and security in a campus of the University;

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

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

(t)      perform any other prescribed or ancillary function.

(2)     The University may–

(a)     institute programs for the exchange of students and teachers between the University and any other university, educational institution or research organization;

(b)     develop and implement fund-raising plans;

(c)     accept an examination and the period of study spent by a student of the University at any other university or place of learning equivalent to an examination or period of study of the University and may withdraw such acceptance;

(d)     cooperate with a public authority, university or private organization in the prescribed manner;

(e)     make provision for research, advisory or consultancy services and enter into arrangements with any other institution, public or private body, commercial or industrial enterprise in the prescribed manner;

(f)      receive and manage property transferred and grants, contributions made to the University and to invest any fund in the manner as it may deem fit;

(g)     print and publish research or work;

(h)     admit any college or other educational institution to its privileges or withdraw such privileges in the prescribed manner;

(i)      affiliate or disaffiliate a college or any other educational institution in the prescribed manner; and

(j)      exercise any power ancillary to the above powers or as may be prescribed.

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

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

CHAPTER III

OFFICERS OF THE UNIVERSITY

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

(a)     Chancellor;

(b)     Pro-Chancellor;

(c)     Vice Chancellor;

(d)     Pro-Vice Chancellor;

(e)     Deans;

(f)      chairpersons;

(g)     Registrar;

(h)     Treasurer;

(i)      Controller of Examinations; and

(j)      such other persons as may be prescribed.

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

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

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

(4)     Subject to this Act, the Chancellor may approve the draft statutes submitted by the Syndicate or refer the statutes back to the Syndicate for reconsideration.

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

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

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

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

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

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

10.  Pro-Chancellor.--(1) Minister for Higher Education of the Government shall be the Pro-Chancellor of the University.

(2)     The Pro-Chancellor shall perform functions under this Act and exercise powers of the Chancellor, except the powers under Section 9 of the Act, as may be prescribed or assigned to the Pro-Chancellor by the Chancellor.

11.  Vice Chancellor.--(1) A person who is eligible and who is not more than sixty five years of age on the last date fixed for submission of applications for the post of the Vice Chancellor may apply for the post.

(2)     The Government shall determine, by notification in the official Gazette, the qualifications, experience and other relevant requirements for the post of the Vice Chancellor.

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

(4)     The Search Committee shall follow such procedure and criteria, for selection of the panel for the post of the Vice Chancellor, as the Government may, by notification, determine.

(5)     The Search Committee shall recommend to the Government, in alphabetical order, a panel of three persons who, in its opinion, are suitable for appointment as the Vice Chancellor.

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

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

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

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

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

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

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

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

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

(a)     direct a teacher, officer or other employee of the University to take up such assignment in connection with examination, administration or any other activity in relation to the University;

(b)     sanction by re-appropriation an amount for an unforeseen item not provided for in the budget of the University;

(c)     make appointments of such categories of employees of the University and in such manner as may be prescribed;

(d)     take disciplinary action against a teacher, officer or any other employee of the University in the prescribed manner;

(e)     delegate, subject to such conditions as may be prescribed, any of the powers of Vice Chancellor to a teacher or officer of the University; and

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

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

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

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

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

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

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

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

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

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

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

(c)     maintain a register of the students and graduates in the prescribed manner;

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

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

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

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

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

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

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

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

(c)     ensure that the funds of the University are spent according to the budget or any other special arrangement;

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

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

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

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

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

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

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

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

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY

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

(a)     Syndicate;

(b)     Academic Council;

(c)     Boards of Faculties;

(d)     Board of Advanced Studies and Research;

(e)     Selection Board;

(f)      Finance and Planning Committee; and

(g)     any other Authority as may be prescribed.

(2)     The Syndicate may constitute committees consisting of the members of the Syndicate or it may create committees consisting of members of the Syndicate or teachers or officers of the University or a combination of all or any of such persons.

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

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

(b)     Vice Chancellor;

(c)     Pro-Vice Chancellor;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(7)     The Syndicate shall take decision by majority of the votes of members present and voting and the Registrar shall clearly reflect in the minutes of the meeting the dissent, if any, along with the reasons of such dissent.

20.  Powers and duties of the Syndicate.--(1) The Syndicate shall be the executive body of the University and shall, subject to the provisions of this Act and statutes, take effective measures to raise the standard of teaching, research, technological development, publication and other academic pursuits and exercise general supervision over the affairs of the University and management of the property of the University.

(2)     Without prejudice to the generality of the foregoing powers and subject to the provisions of this Act, the Syndicate may–

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

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

(iii)    consider and approve the annual report, the annual and revised budget estimates and to re-appropriate funds from one major head of expenditure to another;

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

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

(vi)    cause proper books of account to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University;

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

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

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

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

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

(xii)   affiliate or disaffiliate Colleges and Institutes;

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

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

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

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

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

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

(xix)  prescribe the duties of the officers, teachers and other employees of the University and of those working in the University on deputation or on contract;

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

(xxi)  remove any person from the membership of any authority if such person has accepted any assignment which involves absence from the University for a continuous period of six months or more;

(xxii) regulate, determine and administer, all other matters concerning the University and to this end exercise all necessary powers not specifically mentioned in this Act and statutes but not inconsistent with the provisions of the Act;

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

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

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

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

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

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

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

(i)      Vice Chancellor who shall be its Chairperson;

(ii)     Deans;

(iii)    chairpersons;

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

(v)     all Professors including Professors Emeritus;

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

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

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

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

(x)     Registrar (Member/Secretary);

(xi)    Controller of Examinations; and

(xii)   Librarian of the University.

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

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

22.  Powers and duties of the Academic Council.--(1) The Academic Council shall be the academic body of the University and may lay down proper standards of instruction, research, publication and examination and to regulate and promote the academic life of the University and affiliated colleges.

(2)     In particular and without prejudice to the generality of the foregoing provisions, the Academic Council may–

(i)      advise the Syndicate on academic matters;

(ii)     regulate teaching, research and examinations;

(iii)    regulate the admission of students to the courses of studies and examinations of the University and affiliated colleges;

(iv)    regulate the award of studentships, scholarships, medals and prizes;

(v)     regulate the conduct and discipline of students of the University and affiliated colleges;

(vi)    propose to the Syndicate schemes for the constitution and organization of faculties, institutes and other academic bodies;

(vii)   propose regulations on the recommendations of the Boards of Faculties and the Boards of Studies for consideration and approval of the Syndicate;

(viii)  propose for each academic year, on the recommendations of the Boards of Studies, regulations prescribing the courses of studies, the syllabi and the outlines of tests for all examinations; provided that, if the recommendations of a Board of Faculties or the Board of Studies are not received by the prescribed date, the Academic Council may, subject to the approval of the Syndicate, permit such regulations to continue for the following years;

(ix)    recognize the examinations of other Universities or examining bodies as equivalent to the corresponding examinations of the University;

(x)     appoint members to the Authorities in accordance with the provisions of this Act; and

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

23.  Board of Faculty.--(1) There shall be a Board of Faculty for each faculty which shall consist of–

(a)     Dean of the faculty (Chairperson);

(b)     Professors and the chairpersons in the faculty;

(c)     two teachers to be nominated by the Academic Council on the basis of their specialized knowledge of the subjects which, though not assigned to the faculty, have in the opinion of the Academic Council, important bearing on the subjects assigned to the faculty;

(d)     two experts in the field from outside the University to be appointed by the Syndicate; and

(e)     one member to be nominated by the Vice Chancellor.

(2)     The members other than ex-officio members of a Board of faculty shall hold office for a period of three years.

(3)     The quorum for a meeting of a Board of faculty shall be one half of the total number of members.

(4)     A Board of faculty, subject to the general control of the Syndicate and Academic Council, may–

(a)     co-ordinate the teaching and research work in the subjects assigned to the faculty;

(b)     scrutinize the recommendations of a Board of Studies comprising a faculty with regard to the appointment of paper setters and examiners for graduate and postgraduate examinations and to forward the panels of suitable paper setters and examiners for each examination to the Vice Chancellor;

(c)     consider any other academic matter relating to the faculty and to submit its report to the Academic Council;

(d)     prepare a comprehensive annual report regarding the performance of each department, constituent college or Institute comprising the faculty for presentation to the Academic Council; and

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

24.  Board of Advanced Studies and Research.--(1) The Board of Advanced Studies and Research shall consist of–

(a)     Vice Chancellor (Chairperson);

(b)     all the Deans;

(c)     Controller of Examinations;

(d)     one University Professor from each faculty to be nominated by the Syndicate;

(e)     one member to be nominated by the Vice Chancellor;

(f)      three members from the relevant field, research organizations and Government, to be nominated by the Syndicate; and

(g)     Registrar (Secretary).

(2)     The term of office of the members of the Board of Advanced Studies and Research other than ex-officio members shall be three years.

(3)     The quorum for a meeting of the Board of Advanced Studies and Research shall be one half of the total number of members.

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

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

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

(c)     propose regulations regarding the award of a research degree;

(d)     appoint supervisors for a postgraduate research student and to approve title and synopsis of a thesis or dissertation;

(e)     recommend panels of names of examiners for evaluation of a research examination; and

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

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

(a)     Vice Chancellor (Chairperson);

(b)     Dean of the faculty concerned;

(c)     chairperson concerned;

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

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

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

(g)     Registrar (Secretary).

(2)     The members other than ex-officio members shall hold office for a period of three years.

(3)     Five members including at least one expert shall constitute the quorum for a meeting of the Selection Board.

(4)     No member who is a candidate or whose family member is a candidate, for a post to which appointment is to be made, shall take part in the proceedings of the Selection Board for selection of a candidate on such post.

(5)     In selection of candidates for the post of Professor or Associate Professor, the Selection Board shall co-opt or consult three experts in the subject and in selecting candidates for any other teaching post, two experts in the subject, to be nominated by the Vice Chancellor from a standing list of experts for each subject approved by the Syndicate.

(6)     The Syndicate may approve or revise the standing list of experts of a subject on the recommendation of the Selection Board.

27.  Functions of the Selection Board.--The Selection Board shall–

(a)     consider the applications and recommend to the Syndicate, the names of suitable candidates for appointment to teaching and other posts and recommend suitable salary for the selected candidate; and

(b)     consider all cases of promotion or selection of officers of the University and recommend the names of suitable candidates for such promotion or selection to the Syndicate.

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

(a)     Vice Chancellor (Chairperson);

(b)     all the Deans;

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

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

(e)     one representative each from Higher Education Department and Finance Department of the Government not below the rank of a Deputy Secretary;

(f)      Director Planning or any other nominee of the Commission;

(g)     Registrar; and

(h)     Treasurer (Secretary).

(2)     The term of office of the nominated members shall be three years.

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

29.  Functions of the Finance and Planning Committee.--The Finance and Planning Committee shall–

(a)     prepare the annual statement of accounts and propose annual budget estimates and make recommendations to the Syndicate;

(b)     review periodically the financial position of the University;

(c)     advise the Syndicate on all matters relating to finance, investments and accounts of the University; and

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

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

CHAPTER V

STATUTES, REGULATIONS AND RULES

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

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

(i)      scales of pay, method of recruitment and other terms and conditions of service of officers, teachers and other employees of the University and the constitution of their pension, insurance, gratuity, provident fund and benevolent fund;

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

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

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

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

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

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

(viii)  conditions for appointment of Professors Emeritus;

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

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

(xi)    award of honorary degrees;

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

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

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

(3)     The Syndicate shall recommend statutes under clauses (i) and (ii) of sub-section (2) to the Chancellor who may approve it with or without any modification or may refer it back to the Syndicate for reconsideration or may reject it.

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

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

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

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

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

(v)     conduct of examinations;

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

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

(viii)  conditions for acquiring research degrees;

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

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

(xi)    academic costume;

(xii)   use of the library;

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

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

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

33.  Rules.--(1) An Authority or a body of the University may make rules consistent with this Act, statutes and regulations, to regulate the conduct of its business.

(2)     The Syndicate may direct any Authority or body of the University to amend or repeal any rules made by the Authority or body.

CHAPTER VI

FINANCIAL PROVISIONS

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

(2)     The University may accept donations in the shape of land, vehicle, equipment or any other item that may facilitate the functioning of the University and all such donations shall be used, maintained and disposed of by the University in the prescribed manner.

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

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

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

CHAPTER VII

MISCELLANEOUS

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

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


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

37.  Removal of difficulties.--If any difficulty arises in giving effect to any of the provisions of this Act, the Government may give such directions, not inconsistent with the Act, as it may consider necessary for the removal of such difficulty.

38.  Indemnity.--No suit or legal proceedings shall lie against the Government, the University or any Authority, officer or employee of the Government or the University or any person in respect of anything which is done in good faith under this Act.

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ACT VII OF 2013

GOVERNMENT COLLEGE WOMEN UNIVERSITY SIALKOT ACT, 2012

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

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

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

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

It is enacted as follows:-

CHAPTER I

PRELIMINARY

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

(2)     It shall come into force at once.

2.  Definitions.--In this Act–

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

(b)     “affiliated college” means a college or institute affiliated with the University;

(c)     “Authority” means an Authority of the University;

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

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

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

 

(g)     “constituent college” means a college maintained and administered by the University;

(h)     “Controller of Examinations” means the Controller of Examinations of the University;

(i)      “Dean” means the head of a faculty of the University;

(j)      “department” means a teaching department maintained and administered by the University in the prescribed manner;

(k)     “faculty” means an administrative and academic unit of the University consisting of one or more departments, institutes or constituent colleges;

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

(m)    “institute” means an institute established, maintained and administered by the University;

(n)     “prescribed” means prescribed by the rules, statutes or regulations;

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

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

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

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

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

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

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

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

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

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

CHAPTER II

THE UNIVERSITY

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

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

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

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

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

(a)     Chancellor;

(b)     Pro-Chancellor;

(c)     Vice Chancellor;

(d)     Pro-Vice Chancellor;

(e)     members of an Authority;

(f)      chairpersons and Deans;

(g)     teachers and students of the University; and

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

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

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

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

4.  Functions of the University.--(1) The University shall–

(a)     provide for education in such branches of knowledge as it may deem fit, and make provisions for research, service to the society and for the application, advancement and dissemination of knowledge in such manner as it may determine;

(b)     establish, maintain and administer a department, constituent college or an institute;

(c)     establish and support other facilities for education, training and research;

(d)     prescribe courses of studies;

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

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

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

(h)     engage, where necessary, a person on contract for specified duration and to specify the terms of the engagement;

(i)      provide career counselling and job search services to the students and alumni;

(j)      maintain linkages with alumni;

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

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

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

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

(o)     institute and award financial assistance to students in need, fellowships, scholarships, bursaries, medals and prizes in the prescribed manner;

(p)     provide for the residence of the students, establish and maintain halls of residence and may approve or licence a hostel, lodging or boarding place;

(q)     maintain order, discipline and security in a campus of the University;

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

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

(t)      perform any other prescribed or ancillary function.

(2)     The University may:

(a)     institute programs for the exchange of students and teachers between the University and any other university, educational institution or research organization;

(b)     develop and implement fund-raising plans;

(c)     accept an examination and the period of study spent by a student of the University at any other university or place of learning equivalent to an examination or period of study of the University and may withdraw such acceptance;

(d)     cooperate with a public authority, university or private organization in the prescribed manner;

(e)     make provision for research, advisory or consultancy services and enter into arrangements with any other institution, public or private body, commercial or industrial enterprise in the prescribed manner;

(f)      receive and manage property transferred and grants, contributions made to the University and to invest any fund in the manner as it may deem fit;

(g)     print and publish research or work;

(h)     admit any college or other educational institution to its privileges or withdraw such privileges in the prescribed manner;

(i)      affiliate or disaffiliate a college or any other educational institution in the prescribed manner; and

(j)      exercise any power ancillary to the above powers or as may be prescribed.

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

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

CHAPTER III

OFFICERS OF THE UNIVERSITY

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

(a)     Chancellor;

(b)     Pro-Chancellor;

(c)     Vice Chancellor;

(d)     Pro-Vice Chancellor;

(e)     Deans;

(f)      chairpersons;

(g)     Registrar;

(h)     Treasurer;

(i)      Controller of Examinations; and

(j)      such other persons as may be prescribed.

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

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

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

(4)     Subject to this Act, the Chancellor may approve the draft statutes submitted by the Syndicate or refer the statutes back to the Syndicate for reconsideration.

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

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

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

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

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

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

10.  Pro-Chancellor.--(1) Minister for Higher Education of the Government shall be the Pro-Chancellor of the University.

(2)     The Pro-Chancellor shall perform functions under this Act and exercise powers of the Chancellor, except the powers under Section 9 of the Act, as may be prescribed or assigned to the Pro-Chancellor by the Chancellor.

11.  Vice Chancellor.--(1) A person who is eligible and who is not more than sixty five years of age on the last date fixed for submission of applications for the post of the Vice Chancellor may apply for the post.

(2)     The Government shall determine, by notification in the official Gazette, the qualifications, experience and other relevant requirements for the post of the Vice Chancellor.

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

(4)     The Search Committee shall follow such procedure and criteria, for selection of the panel for the post of the Vice Chancellor, as the Government may, by notification, determine.

(5)     The Search Committee shall recommend to the Government, in alphabetical order, a panel of three persons who, in its opinion, are suitable for appointment as the Vice Chancellor.

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

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

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

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

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

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

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

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

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

(a)     direct a teacher, officer or other employee of the University to take up such assignment in connection with examination, administration or any other activity in relation to the University;

(b)     sanction by re-appropriation an amount for an unforeseen item not provided for in the budget of the University;

(c)     make appointments of such categories of employees of the University and in such manner as may be prescribed;

(d)     take disciplinary action against a teacher, officer or any other employee of the University in the prescribed manner;

(e)     delegate, subject to such conditions as may be prescribed, any of the powers of Vice Chancellor to a teacher or officer of the University; and

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

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

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

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

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

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

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

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

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

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

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

(c)     maintain a register of the students and graduates in the prescribed manner;

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

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

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

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

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

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

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

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

(c)     ensure that the funds of the University are spent according to the budget or any other special arrangement;

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

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

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

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

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

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

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

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

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY

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

(a)     Syndicate;

(b)     Academic Council;

(c)     Boards of Faculties;

(d)     Board of Advanced Studies and Research;

(e)     Selection Board;

(f)      Finance and Planning Committee; and

g)       any other Authority as may be prescribed.

(2)     The Syndicate may constitute committees consisting of the members of the Syndicate or it may create committees consisting of members of the Syndicate or teachers or officers of the University or a combination of all or any of such persons.

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

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

(b)     Vice Chancellor;

(c)     Pro-Vice Chancellor;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(7)     The Syndicate shall take decision by majority of the votes of members present and voting and the Registrar shall clearly reflect in the minutes of the meeting the dissent, if any, along with the reasons of such dissent.

20.  Powers and duties of the Syndicate.--(1) The Syndicate shall be the executive body of the University and shall, subject to the provisions of this Act and statutes, take effective measures to raise the standard of teaching, research, technological development, publication and other academic pursuits and exercise general supervision over the affairs of the University and management of the property of the University.

(2)     Without prejudice to the generality of the foregoing powers and subject to the provisions of this Act, the Syndicate may–

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

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

(iii)    consider and approve the annual report, the annual and revised budget estimates and to re-appropriate funds from one major head of expenditure to another;

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

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

(vi)    cause proper books of account to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University;

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

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

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

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

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

(xii)   affiliate or disaffiliate Colleges and Institutes;

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

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

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

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

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

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

(xix)  prescribe the duties of the officers, teachers and other employees of the University and of those working in the University on deputation or on contract;

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

(xxi)  remove any person from the membership of any authority if such person has accepted any assignment which involves absence from the University for a continuous period of six months or more;

(xxii) regulate, determine and administer, all other matters concerning the University and to this end exercise all necessary powers not specifically mentioned in this Act and statutes but not inconsistent with the provisions of the Act;

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

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

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

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

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

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

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

(i)      Vice Chancellor who shall be its Chairperson;

(ii)     Deans;

(iii)    chairpersons;

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

(v)     all Professors including Professors Emeritus;

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

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

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

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

(x)     Registrar (Member/Secretary);

(xi)    Controller of Examinations; and

(xii)   Librarian of the University.

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

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

22.  Powers and duties of the Academic Council.--(1) The Academic Council shall be the academic body of the University and may lay down proper standards of instruction, research, publication and examination and to regulate and promote the academic life of the University and affiliated colleges.

(2)     In particular and without prejudice to the generality of the foregoing provisions, the Academic Council may:

(i)      advise the Syndicate on academic matters;

(ii)     regulate teaching, research and examinations;

(iii)    regulate the admission of students to the courses of studies and examinations of the University and affiliated colleges;

(iv)    regulate the award of studentships, scholarships, medals and prizes;

(v)     regulate the conduct and discipline of students of the University and affiliated colleges;

(vi)    propose to the Syndicate schemes for the constitution and organization of faculties, institutes and other academic bodies;

(vii)   propose regulations on the recommendations of the Boards of Faculties and the Boards of Studies for consideration and approval of the Syndicate;

(viii)  propose for each academic year, on the recommendations of the Boards of Studies, regulations prescribing the courses of studies, the syllabi and the outlines of tests for all examinations; provided that, if the recommendations of a Board of Faculties or the Board of Studies are not received by the prescribed date, the Academic Council may, subject to the approval of the Syndicate, permit such regulations to continue for the following years;

(ix)    recognize the examinations of other Universities or examining bodies as equivalent to the corresponding examinations of the University;

(x)     appoint members to the Authorities in accordance with the provisions of this Act; and

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

23.  Board of Faculty.--(1) There shall be a Board of Faculty for each faculty which shall consist of–

(a)     Dean of the faculty (Chairperson);

(b)     Professors and the chairpersons in the faculty;

(c)     two teachers to be nominated by the Academic Council on the basis of their specialized knowledge of the subjects which, though not assigned to the faculty, have in the opinion of the Academic Council, important bearing on the subjects assigned to the faculty;

(d)     two experts in the field from outside the University to be appointed by the Syndicate; and

(e)     one member to be nominated by the Vice Chancellor.

(2)     The members other than ex-officio members of a Board of faculty shall hold office for a period of three years.

(3)     The quorum for a meeting of a Board of faculty shall be one half of the total number of members.

(4)     A Board of faculty, subject to the general control of the Syndicate and Academic Council, may–

(a)     co-ordinate the teaching and research work in the subjects assigned to the faculty;

(b)     scrutinize the recommendations of a Board of Studies comprising a faculty with regard to the appointment of paper setters and examiners for graduate and postgraduate examinations and to forward the panels of suitable paper setters and examiners for each examination to the Vice Chancellor;

(c)     consider any other academic matter relating to the faculty and to submit its report to the Academic Council;

(d)     prepare a comprehensive annual report regarding the performance of each department, constituent college or Institute comprising the faculty for presentation to the Academic Council; and

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

24.  Board of Advanced Studies and Research.--(1) The Board of Advanced Studies and Research shall consist of–

(a)     Vice Chancellor (Chairperson);

(b)     all the Deans;

(c)     Controller of Examinations;

(d)     one University Professor from each faculty to be nominated by the Syndicate;

(e)     one member to be nominated by the Vice Chancellor;

(f)      three members from the relevant field, research organizations and Government, to be nominated by the Syndicate; and

(g)     Registrar (Secretary).

(2)     The term of office of the members of the Board of Advanced Studies and Research other than ex-officio members shall be three years.

(3)     The quorum for a meeting of the Board of Advanced Studies and Research shall be one half of the total number of members.

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

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

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

(c)     propose regulations regarding the award of a research degree;

(d)     appoint supervisors for a postgraduate research student and to approve title and synopsis of a thesis or dissertation;

(e)     recommend panels of names of examiners for evaluation of a research examination; and

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

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

(a)     Vice Chancellor (Chairperson);

(b)     Dean of the faculty concerned;

(c)     chairperson concerned;

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

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

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

(g)     Registrar (Secretary).

(2)     The members other than ex-officio members shall hold office for a period of three years.

(3)     Five members including at least one expert shall constitute the quorum for a meeting of the Selection Board.

(4)     No member who is a candidate or whose family member is a candidate, for a post to which appointment is to be made, shall take part in the proceedings of the Selection Board for selection of a candidate on such post.

(5)     In selection of candidates for the post of Professor or Associate Professor, the Selection Board shall co-opt or consult three experts in the subject and in selecting candidates for any other teaching post, two experts in the subject, to be nominated by the Vice Chancellor from a standing list of experts for each subject approved by the Syndicate.

(6)     The Syndicate may approve or revise the standing list of experts of a subject on the recommendation of the Selection Board.

27.  Functions of the Selection Board.--The Selection Board shall–

(a)     consider the applications and recommend to the Syndicate, the names of suitable candidates for appointment to teaching and other posts and recommend suitable salary for the selected candidate; and

(b)     consider all cases of promotion or selection of officers of the University and recommend the names of suitable candidates for such promotion or selection to the Syndicate.

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

(a)     Vice Chancellor (Chairperson);

(b)     all the Deans;

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

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

(e)     one representative each from Higher Education Department and Finance Department of the Government not below the rank of a Deputy Secretary;

(f)      Director Planning or any other nominee of the Commission;

(g)     Registrar; and

(h)     Treasurer (Secretary).

(2)     The term of office of the nominated members shall be three years.

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

29.  Functions of the Finance and Planning Committee.--The Finance and Planning Committee shall–

(a)     prepare the annual statement of accounts and propose annual budget estimates and make recommendations to the Syndicate;

(b)     review periodically the financial position of the University;

(c)     advise the Syndicate on all matters relating to finance, investments and accounts of the University; and

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

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

CHAPTER V

STATUTES, REGULATIONS AND RULES

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

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

(i)      scales of pay, method of recruitment and other terms and conditions of service of officers, teachers and other employees of the University and the constitution of their pension, insurance, gratuity, provident fund and benevolent fund;

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

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

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

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

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

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

(viii)  conditions for appointment of Professors Emeritus;

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

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

(xi)    award of honorary degrees;

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

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

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

(3)     The Syndicate shall recommend statutes under clauses (i) and (ii) of sub-section (2) to the Chancellor who may approve it with or without any modification or may refer it back to the Syndicate for reconsideration or may reject it.

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

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

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

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

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

(v)     conduct of examinations;

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

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

(viii)  conditions for acquiring research degrees;

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

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

(xi)    academic costume;

(xii)   use of the library;

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

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

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

33.  Rules.--(1) An Authority or a body of the University may make rules consistent with this Act, statutes and regulations, to regulate the conduct of its business.

(2)     The Syndicate may direct any Authority or body of the University to amend or repeal any rules made by the Authority or body.

CHAPTER VI

FINANCIAL PROVISIONS

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

(2)     The University may accept donations in the shape of land, vehicle, equipment or any other item that may facilitate the functioning of the University and all such donations shall be used, maintained and disposed of by the University in the prescribed manner.

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

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

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

CHAPTER VII

MISCELLANEOUS

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

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

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

37.  Removal of difficulties.--If any difficulty arises in giving effect to any of the provisions of this Act, the Government may give such directions, not inconsistent with the Act, as it may consider necessary for the removal of such difficulty.


38.  Indemnity.--No suit or legal proceedings shall lie against the Government, the University or any Authority, officer or employee of the Government or the University or any person in respect of anything which is done in good faith under this Act.

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ACT VIII OF 2013

GOVERNMENT SADIQ COLLEGE WOMEN UNIVERSITY BAHAWALPUR ACT, 2012

An Act to provide for the establishment of the Government Sadiq College Women University Bahawalpur

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

No. PAP-Legis-2(122)/2012/812. The Government Sadiq College Women University Bahawalpur Bill, 2012, having been passed by the Provincial Assembly of the Punjab on 27 December 2012, and assented to by the Governor of the Punjab on 3 January 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.

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

It is enacted as follows:--

CHAPTER I

PRELIMINARY

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

(2)     It shall come into force at once.

2.  Definitions.--In this Act:

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

(b)     “affiliated college” means a college or institute affiliated with the University;

(c)     “Authority” means an Authority of the University;

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

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

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

(g)     “constituent college” means a college maintained and administered by the University;

(h)     “Controller of Examinations” means the Controller of Examinations of the University;

(i)      “Dean” means the head of a faculty of the University;

(j)      “department” means a teaching department maintained and administered by the University in the prescribed manner;

(k)     “faculty” means an administrative and academic unit of the University consisting of one or more departments, institutes or constituent colleges;

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

(m)    “institute” means an institute established, maintained and administered by the University;

(n)     “prescribed” means prescribed by the rules, statutes or regulations;

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

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

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

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

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

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

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

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

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

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

CHAPTER II

THE UNIVERSITY

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

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

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

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

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

(a)     Chancellor;

(b)     Pro-Chancellor;

(c)     Vice Chancellor;

(d)     Pro-Vice Chancellor;

(e)     members of an Authority;

(f)      chairpersons and Deans;

(g)     teachers and students of the University; and

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

(6)     The property on which the Government Sadiq Degree College for Girls Bahawalpur is established shall stand transferred to the University.

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

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

4.  Functions of the University.--(1) The University shall–

(a)     provide for education in such branches of knowledge as it may deem fit, and make provisions for research, service to the society and for the application, advancement and dissemination of knowledge in such manner as it may determine;

(b)     establish, maintain and administer a department, constituent college or an institute;

(c)     establish and support other facilities for education, training and research;

(d)     prescribe courses of studies;

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

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

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

(h)     engage, where necessary, a person on contract for specified duration and to specify the terms of the engagement;

(i)      provide career counselling and job search services to the students and alumni;

(j)      maintain linkages with alumni;

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

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

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

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

(o)     institute and award financial assistance to students in need, fellowships, scholarships, bursaries, medals and prizes in the prescribed manner;

(p)     provide for the residence of the students, establish and maintain halls of residence and may approve or licence a hostel, lodging or boarding place;

(q)     maintain order, discipline and security in a campus of the University;

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

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

(t)      perform any other prescribed or ancillary function.

(2)     The University may–

(a)     institute programs for the exchange of students and teachers between the University and any other university, educational institution or research organization;

(b)     develop and implement fund-raising plans;

(c)     accept an examination and the period of study spent by a student of the University at any other university or place of learning equivalent to an examination or period of study of the University and may withdraw such acceptance;

(d)     cooperate with a public authority, university or private organization in the prescribed manner;

(e)     make provision for research, advisory or consultancy services and enter into arrangements with any other institution, public or private body, commercial or industrial enterprise in the prescribed manner;

(f)      receive and manage property transferred and grants, contributions made to the University and to invest any fund in the manner as it may deem fit;

(g)     print and publish research or work;

(h)     admit any college or other educational institution to its privileges or withdraw such privileges in the prescribed manner;

(i)      affiliate or disaffiliate a college or any other educational institution in the prescribed manner; and

(j)      exercise any power ancillary to the above powers or as may be prescribed.

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

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

CHAPTER III

OFFICERS OF THE UNIVERSITY

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

(a)     Chancellor;

(b)     Pro-Chancellor;

(c)     Vice Chancellor;

(d)     Pro-Vice Chancellor;

(e)     Deans;

(f)      chairpersons;

(g)     Registrar;

(h)     Treasurer;

(i)      Controller of Examinations; and

(j)      such other persons as may be prescribed.

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

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

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

(4)     Subject to this Act, the Chancellor may approve the draft statutes submitted by the Syndicate or refer the statutes back to the Syndicate for reconsideration.

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

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

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

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

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

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

10.  Pro-Chancellor.--(1) Minister for Higher Education of the Government shall be the Pro-Chancellor of the University.

(2)     The Pro-Chancellor shall perform functions under this Act and exercise powers of the Chancellor, except the powers under Section 9 of the Act, as may be prescribed or assigned to the Pro-Chancellor by the Chancellor.

11.  Vice Chancellor.--(1) A person who is eligible and who is not more than sixty five years of age on the last date fixed for submission of applications for the post of the Vice Chancellor may apply for the post.

(2)     The Government shall determine, by notification in the official Gazette, the qualifications, experience and other relevant requirements for the post of the Vice Chancellor.

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

(4)     The Search Committee shall follow such procedure and criteria, for selection of the panel for the post of the Vice Chancellor, as the Government may, by notification, determine.

(5)     The Search Committee shall recommend to the Government, in alphabetical order, a panel of three persons who, in its opinion, are suitable for appointment as the Vice Chancellor.

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

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

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

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

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

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

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

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

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

(a)     direct a teacher, officer or other employee of the University to take up such assignment in connection with examination, administration or any other activity in relation to the University;

(b)     sanction by re-appropriation an amount for an unforeseen item not provided for in the budget of the University;

(c)     make appointments of such categories of employees of the University and in such manner as may be prescribed;

(d)     take disciplinary action against a teacher, officer or any other employee of the University in the prescribed manner;

(e)     delegate, subject to such conditions as may be prescribed, any of the powers of Vice Chancellor to a teacher or officer of the University; and

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

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

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

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

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

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

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

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

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

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

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

(c)     maintain a register of the students and graduates in the prescribed manner;

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

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

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

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

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

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

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

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

(c)     ensure that the funds of the University are spent according to the budget or any other special arrangement;

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

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

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

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

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

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

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

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

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY

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

(a)     Syndicate;

(b)     Academic Council;

(c)     Boards of Faculties;

(d)     Board of Advanced Studies and Research;

(e)     Selection Board;

(f)      Finance and Planning Committee; and

(g)     any other Authority as may be prescribed.

(2)     The Syndicate may constitute committees consisting of the members of the Syndicate or it may create committees consisting of members of the Syndicate or teachers or officers of the University or a combination of all or any of such persons.

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

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

(b)     Vice Chancellor;

(c)     Pro-Vice Chancellor;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(7)     The Syndicate shall take decision by majority of the votes of members present and voting and the Registrar shall clearly reflect in the minutes of the meeting the dissent, if any, along with the reasons of such dissent.

20.  Powers and duties of the Syndicate.--(1) The Syndicate shall be the executive body of the University and shall, subject to the provisions of this Act and statutes, take effective measures to raise the standard of teaching, research, technological development, publication and other academic pursuits and exercise general supervision over the affairs of the University and management of the property of the University.

(2)     Without prejudice to the generality of the foregoing powers and subject to the provisions of this Act, the Syndicate may–

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

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

(iii)    consider and approve the annual report, the annual and revised budget estimates and to re-appropriate funds from one major head of expenditure to another;

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

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

(vi)    cause proper books of account to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University;

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

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

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

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

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

(xii)   affiliate or disaffiliate Colleges and Institutes;

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

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

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

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

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

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

(xix)  prescribe the duties of the officers, teachers and other employees of the University and of those working in the University on deputation or on contract;

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

(xxi)  remove any person from the membership of any authority if such person has accepted any assignment which involves absence from the University for a continuous period of six months or more;

(xxii) regulate, determine and administer, all other matters concerning the University and to this end exercise all necessary powers not specifically mentioned in this Act and statutes but not inconsistent with the provisions of the Act;

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

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

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

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

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

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

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

(i)      Vice Chancellor who shall be its Chairperson;

(ii)     Deans;

(iii)    chairpersons;

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

(v)     all Professors including Professors Emeritus;

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

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

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

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

(x)     Registrar (Member/Secretary);

(xi)    Controller of Examinations; and

(xii)   Librarian of the University.

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

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

22.  Powers and duties of the Academic Council.--(1) The Academic Council shall be the academic body of the University and may lay down proper standards of instruction, research, publication and examination and to regulate and promote the academic life of the University and affiliated colleges.

(2)     In particular and without prejudice to the generality of the foregoing provisions, the Academic Council may:

(i)      advise the Syndicate on academic matters;

(ii)     regulate teaching, research and examinations;

(iii)    regulate the admission of students to the courses of studies and examinations of the University and affiliated colleges;

(iv)    regulate the award of studentships, scholarships, medals and prizes;

(v)     regulate the conduct and discipline of students of the University and affiliated colleges;

(vi)    propose to the Syndicate schemes for the constitution and organization of faculties, institutes and other academic bodies;

(vii)   propose regulations on the recommendations of the Boards of Faculties and the Boards of Studies for consideration and approval of the Syndicate;

(viii)  propose for each academic year, on the recommendations of the Boards of Studies, regulations prescribing the courses of studies, the syllabi and the outlines of tests for all examinations; provided that, if the recommendations of a Board of Faculties or the Board of Studies are not received by the prescribed date, the Academic Council may, subject to the approval of the Syndicate, permit such regulations to continue for the following years;

(ix)    recognize the examinations of other Universities or examining bodies as equivalent to the corresponding examinations of the University;

(x)     appoint members to the Authorities in accordance with the provisions of this Act; and

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

23.  Board of Faculty.--(1) There shall be a Board of Faculty for each faculty which shall consist of–

(a)     Dean of the faculty (Chairperson);

(b)     Professors and the chairpersons in the faculty;

(c)     two teachers to be nominated by the Academic Council on the basis of their specialized knowledge of the subjects which, though not assigned to the faculty, have in the opinion of the Academic Council, important bearing on the subjects assigned to the faculty;

(d)     two experts in the field from outside the University to be appointed by the Syndicate; and

(e)     one member to be nominated by the Vice Chancellor.

(2)     The members other than ex-officio members of a Board of faculty shall hold office for a period of three years.

(3)     The quorum for a meeting of a Board of faculty shall be one half of the total number of members.

(4)     A Board of faculty, subject to the general control of the Syndicate and Academic Council, may–

(a)     co-ordinate the teaching and research work in the subjects assigned to the faculty;

(b)     scrutinize the recommendations of a Board of Studies comprising a faculty with regard to the appointment of paper setters and examiners for graduate and postgraduate examinations and to forward the panels of suitable paper setters and examiners for each examination to the Vice Chancellor;

(c)     consider any other academic matter relating to the faculty and to submit its report to the Academic Council;

(d)     prepare a comprehensive annual report regarding the performance of each department, constituent college or Institute comprising the faculty for presentation to the Academic Council; and

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

24.  Board of Advanced Studies and Research.--(1) The Board of Advanced Studies and Research shall consist of–

(a)     Vice Chancellor (Chairperson);

(b)     all the Deans;

(c)     Controller of Examinations;

(d)     one University Professor from each faculty to be nominated by the Syndicate;

(e)     one member to be nominated by the Vice Chancellor;

(f)      three members from the relevant field, research organizations and Government, to be nominated by the Syndicate; and

(g)     Registrar (Secretary).

(2)     The term of office of the members of the Board of Advanced Studies and Research other than ex-officio members shall be three years.

(3)     The quorum for a meeting of the Board of Advanced Studies and Research shall be one half of the total number of members.

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

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

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

(c)     propose regulations regarding the award of a research degree;

(d)     appoint supervisors for a postgraduate research student and to approve title and synopsis of a thesis or dissertation;

(e)     recommend panels of names of examiners for evaluation of a research examination; and

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

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

(a)     Vice Chancellor (Chairperson);

(b)     Dean of the faculty concerned;

(c)     chairperson concerned;

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

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

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

(g)     Registrar (Secretary).

(2)     The members other than ex-officio members shall hold office for a period of three years.

(3)     Five members including at least one expert shall constitute the quorum for a meeting of the Selection Board.

(4)     No member who is a candidate or whose family member is a candidate, for a post to which appointment is to be made, shall take part in the proceedings of the Selection Board for selection of a candidate on such post.

(5)     In selection of candidates for the post of Professor or Associate Professor, the Selection Board shall co-opt or consult three experts in the subject and in selecting candidates for any other teaching post, two experts in the subject, to be nominated by the Vice Chancellor from a standing list of experts for each subject approved by the Syndicate.

(6)     The Syndicate may approve or revise the standing list of experts of a subject on the recommendation of the Selection Board.

27.  Functions of the Selection Board.--The Selection Board shall–

(a)     consider the applications and recommend to the Syndicate, the names of suitable candidates for appointment to teaching and other posts and recommend suitable salary for the selected candidate; and

(b)     consider all cases of promotion or selection of officers of the University and recommend the names of suitable candidates for such promotion or selection to the Syndicate.

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

(a)     Vice Chancellor (Chairperson);

(b)     all the Deans;

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

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

(e)     one representative each from Higher Education Department and Finance Department of the Government not below the rank of a Deputy Secretary;

(f)      Director Planning or any other nominee of the Commission;

(g)     Registrar; and

(h)     Treasurer (Secretary).

(2)     The term of office of the nominated members shall be three years.

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

29.  Functions of the Finance and Planning Committee.--The Finance and Planning Committee shall–

(a)     prepare the annual statement of accounts and propose annual budget estimates and make recommendations to the Syndicate;

(b)     review periodically the financial position of the University;

(c)     advise the Syndicate on all matters relating to finance, investments and accounts of the University; and

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

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

CHAPTER V

STATUTES, REGULATIONS AND RULES

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

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

(i)      scales of pay, method of recruitment and other terms and conditions of service of officers, teachers and other employees of the University and the constitution of their pension, insurance, gratuity, provident fund and benevolent fund;

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

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

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

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

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

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

(viii)  conditions for appointment of Professors Emeritus;

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

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

(xi)    award of honorary degrees;

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

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

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

(3)     The Syndicate shall recommend statutes under clauses (i) and (ii) of sub-section (2) to the Chancellor who may approve it with or without any modification or may refer it back to the Syndicate for reconsideration or may reject it.

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

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

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

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

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

(v)     conduct of examinations;

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

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

(viii)  conditions for acquiring research degrees;

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

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

(xi)    academic costume;

(xii)   use of the library;

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

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

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

33.  Rules.--(1) An Authority or a body of the University may make rules consistent with this Act, statutes and regulations, to regulate the conduct of its business.

(2)     The Syndicate may direct any Authority or body of the University to amend or repeal any rules made by the Authority or body.

CHAPTER VI

FINANCIAL PROVISIONS

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

(2)     The University may accept donations in the shape of land, vehicle, equipment or any other item that may facilitate the functioning of the University and all such donations shall be used, maintained and disposed of by the University in the prescribed manner.

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

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

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

CHAPTER VII

MISCELLANEOUS

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

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

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

37.  Removal of difficulties.--If any difficulty arises in giving effect to any of the provisions of this Act, the Government may give such directions, not inconsistent with the Act, as it may consider necessary for the removal of such difficulty.

38.  Indemnity.--No suit or legal proceedings shall lie against the Government, the University or any Authority, officer or employee of the Government or the University or any person in respect of anything which is done in good faith under this Act.

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ACT IX OF 2013

PUNJAB HOUSING AND TOWN PLANNING AGENCY (AMENDMENT) ACT, 2012

An Act to amend the Punjab Housing and Town-Planning Agency Ordinance, 2002

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

No. PAP-Legis-2(137)/2012/813.--The Punjab Housing and Town-Planning Agency (Amendment) Bill, 2012, having been passed by the Provincial Assembly of the Punjab on 27 December 2012, and assented to by the Governor of the Punjab on 3 January 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient to amend the Punjab Housing and Town-Planning Ordinance, 2002 (LXXVIII of 2002), for purposes hereinafter appearing;

It is enacted as follows:--

1.  Short title and commencement.--(1) This Act may be cited as the Punjab Housing and Town-Planning Agency (Amendment) Act, 2012.

(2) It shall come into force at once.

2.  Insertion of Section 41 in Ordinance LXXVIII of 2002.--In the Punjab Housing and Town-Planning Agency Ordinance, 2002 (LXXVIII of 2002), after Section 40, the following Section 41 shall be inserted:--

"41. Government servants in the Agency.--(1) All employees of the Government serving in the Agency shall remain employees of the Government unless absorbed in the service of the Agency under this section.

(2)     An employee of the Government serving in the Agency may opt for absorption in the service of the Agency in such manner as may be prescribed.

(3)     Notwithstanding anything contained in any law, the Government may delegate disciplinary, administrative and financial powers on various functionaries of the Agency to deal with the matters relating to terms and conditions of service of the employees of the Government serving in the Agency."

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ACT X OF 2013

PUNJAB MOTION PICTURES (AMENDMENT)
ACT, 2012

An Act further to amend the Motion Pictures Ordinance, 1979

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

No. PAP-Legis-2(145)/2012/814.--The Punjab Motion Pictures (Amendment) Bill, 2012, having been passed by the Provincial Assembly of the Punjab on 27 December 2012, and assented to by the Governor of the Punjab on 3 January 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient further to amend the Motion Pictures Ordinance, 1979 (XLIII of 1979) for purposes hereinafter appearing;

It is enacted as follows:--

1.       Short title and commencement.--(1) This Act may be cited as the Punjab Motion Pictures (Amendment) Act, 2012.

(2)  It shall come into force at once.

2.       Amendments in Ordinance XLIII of 1979.--In the Motion Pictures Ordinance, 1979 (XLIII of 1979), hereinafter referred to as the said Ordinance--

(a)     for the words "Federal Government", wherever occur, the word "Government" shall be substituted;

(b)     for the words "Provincial Government", wherever occur, the word "Government" shall be substituted; and

(c)     for the words "Zila Nazim", wherever occur, the words "District Coordination Officer" shall be substituted.


3.       Amendment in Section 1 of Ordinance XLIII of 1979.--In the said Ordinance, in Section 1, in sub-section (2), for the word "Pakistan", the words "the Punjab" shall be substituted.

4.  Amendments in Section 2 of Ordinance XLIII of 1979.--In the said Ordinance, in Section 2--

(a)     after clause (d), the following clause (dd) shall be inserted:--

          "(dd)  "Government" means Government of the Punjab;"; and

(b)     for clause (e), the following shall be substituted:--

          "(e)    "place" includes a house, building, tent and any means of transport; and".

5.       Amendment in Section 3 of Ordinance XLIII of 1979.--In the said Ordinance, for Section 3, the following shall be substituted:--

"3. Constitution of Board.--(1) The Government may, by notification in the official Gazette, constitute a Board to be known as the Punjab Film Censor Board for purposes of examining and certifying the films for public exhibition.

(2)     The Board shall consist of a Chairman, a Vice Chairman and not less than five but not more than ten members, of whom Secretaries to the Government Culture, Law and Home Departments or their nominees not below the rank of Additional Secretaries shall be ex-officio members of the Board.

(3)     The Chairman, Vice Chairman and members of the Board, other than the ex-officio members, shall hold office during the pleasure of the Government on such terms and conditions as the Government may determine."

6.       Amendment in Section 8 of Ordinance XLIII of 1979.--In the said Ordinance, in Section 8, after sub-section (5), the following sub-section (5-a) shall be inserted:--

"(5-a) Where the police officer mentioned in sub-section (5) is not available at the spot and there are sufficient reasons to believe that the film is being exhibited in contravention of any provision of the Ordinance, an officer authorized by the Board, may take into possession cinematograph and other exhibiting material and immediately submit a report to the Board."

7.       Amendment in Section 9 of Ordinance XLIII of 1979.--In the said Ordinance, in Section 9, in sub-section (2), in clause (a), for the words "whole or any part of Pakistan", the words "whole or any part of the Punjab" shall be substituted.

8.       Amendment in Section 14 of Ordinance XLIII of 1979.--In the said Ordinance, in Section 14, for the words "Federal Government or the Provincial Government", the word "Government shall be substituted.

9.       Amendment in Section 16 of Ordinance XLIII of 1979.--In the said Ordinance, in Section 16, after the word and comma "Chairman,", the words and comma "Vice Chairman," shall be inserted.

10.     Amendment in Section 17 of Ordinance XLIII of 1979.--In the said Ordinance, in Section 17, for the words and comma "Federal Government, a Provincial Government", the word "Government" shall be substituted.

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ACT XI OF 2013

DEFENCE HOUSING AUTHORITY RAWALPINDI ACT, 2013

An Act to provide for the establishment of Defence Housing Authority Rawalpindi.

[Gazatte of Punjab, Extraordinary, 14th January 2013]

No. PAP-Legis-2(161)/2013/818.--The Defence Housing Authority Rawalpindi Bill, 2013, having been passed by the Provincial Assembly of the Punjab on 7 January 2013, and assented to by the Governor of the Punjab on 12 January 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient to establish Defence Housing Authority Rawalpindi for the purpose and object of carrying out Schemes and projects of land development inter alia for the welfare of the bereaved families of martyrs, war injured, disabled and other persons of the defence forces 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 enacted as follows:--

1.  Short title, extent and commencement.--(1) This Act may be called the Defence Housing Authority Rawalpindi Act, 2013.


(2)     It extends to the Specified Area in Rawalpindi District.

(3)     It shall come into force at once and shall be deemed to have taken effect on and from 15 August 2010.

2.  Definitions.--In this Act–

(a)     “Administrator” means the Administrator appointed under the Act;

(b)     “Authority” means Defence Housing Authority Rawalpindi established under the Act;

(c)     “Chairman” means Chairman of the Governing Body;

(d)     “Executive Board” means Executive Board constituted under the Act;

(e)     “Governing Body” means Governing Body constituted under the Act;

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

(g)     “member” means a member of the Authority and includes the Chairman;

(h)     “prescribed” means prescribed by the regulations framed under the 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 the 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 the Act in Rawalpindi District and such other land as may, from time to time, be purchased or procured by, or leased to the Authority in Rawalpindi District 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 Rawalpindi for carrying out the purposes of this Act.

(2)     The Authority shall be a body corporate, having perpetual succession and a common seal with power to purchase, procure, 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 Rawalpindi.

(4)     The Authority shall comply with all laws, rules, regulations and bye-laws for the time being in force in the Specified Area.

(5)     While designing, planning and executing a Scheme in the Specified Area, the Authority shall adhere to the master plan of Rawalpindi District 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 the prior approval of the Government.

(6)     Subject to the financial viability of a Scheme, the Authority shall reserve in a Scheme in the Specified Area at least fifty percent quota for the bereaved families of the martyrs, war injured, disabled and junior ranks from sepoys to junior commissioned officers of the defence forces.

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, Government of Pakistan,
Ministry of Defence;                        Chairman

(b)     Adjutant General Pakistan
Army;                                                     Vice Chairman

(c)     Director General, Welfare and
Rehabilitation, Pakistan Army;         Member

(d)     Commissioner, Rawalpindi Division;     Member

(e)     Administrator;                                  Member

(f)      Director General, Rawalpindi
Development Authority; and            Member

(g)     Secretary.                                         Member/Secretary

(2)     The Governing Body shall–

(a)     review the progress and activities of the Authority;

(b)     lay down policy for the guidance of the Executive Board;

(c)     consider and approve the 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 things as the Governing Body may delegate or assign to it.

(2)     The Executive Board shall consist of–

(a)     Adjutant General, Pakistan Army;    President

(b)     a serving or retired Major General
of Pakistan Army to be nominated
by 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 the Governing Body.

6.  Powers and functions of the 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 the proper planning and development of the Specified Area and for carrying out the purposes of the 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 the preparation, planning, development, execution, implementation and maintenance of Schemes in the Specified Area and for carrying out the purposes of this Act;

(d)     incur any expenditure and procure plant, machinery, equipment, instruments 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 the benefit of the residents;

(f)      plan, approve and execute mergers and amalgamations with other housing Schemes or cooperative housing societies subject to the approval of the competent authorities of those housing Schemes or housing societies for merger or 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 the 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.

7.  Powers of the Executive Board to borrow.--Subject to the Government rules and guidelines, the Executive Board may obtain loans for purposes of generating capital for its Schemes.

8.  Administrator.--(1) The Chief of Army Staff shall nominate a person not below the rank of Brigadier (serving or retired) 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 the provisions of this Act and the regulations, the Administrator shall exercise all executive powers of the Authority delegated 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 the approval of the Executive Board, delegate any of his specified powers to any of his subordinate staff, including but not limited to signing contracts, pleadings or any other legal instrument on behalf of the Authority.

(4)     Subject to the 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 every year, on such date, time and place as may be fixed by the Chairman.

(2)     The Chairman and, in his absence, the Vice Chairman of the Governing Body shall preside over the meeting of the Governing Body.

(3)     The President and, in his absence, the Vice President shall preside over the meeting 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, the fraction being counted as one.

(5)     The Secretary shall record, maintain and keep the minutes of all the meetings of the Governing Body or 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 advisors as may be necessary for purposes of this Act.

12.  Annual report and accounts.--As soon as may be after the conclusion of a financial year but before 31st day of December, the Executive Board shall, submit to the Governing Body a general report on its affairs including accounts, balance sheet and audit for the financial year.

13.  Delegation of powers.--Subject to this Act and the specified conditions, the Governing Body, the Executive Board and the Administrator may authorize any person to perform such functions and duties as may be assigned to him in writing.

14.  Committees.--The Governing Body or the Executive Board may constitute such committees as may be necessary for the efficient performance of their respective functions and assign to such committees such functions as may be deemed necessary.

15.  Authority Fund.--(1) There shall be a fund to be known as the Defence Housing Authority Rawalpindi 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 the 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 Governing Body or the Executive Board may cancel, revoke or rescind any allotment, transfer, license, 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 any property in a Scheme in the Specified Area to a use or purpose other than the one provided under the Scheme, without the previous written approval of the Authority, 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 hearing.

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 frame regulations.--(1) The Governing Body may, for carrying out the purposes of this Act, frame 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 derrogation of any other law for the time being in force.

22.  Transfer and savings.--(1) After the repeal of the Defence Housing Authority Islamabad Ordinance, 2010 (XV of 2010) and on commencement of this Act, to the extent of the Specified Area in District Rawalpindi–

(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, 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 shall be deemed to have been entered into, acquired or agreed to be done by, with or for the Authority;

(c)     all leases executed, all grants made and all lands vested in the name of the Defence Housing Authority Islamabad 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 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, shall stand transferred to 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, 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 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, shall continue to remain in force until, altered or repealed by the regulations framed under the 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 orders in respect of transfer of plots 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 fifteen days of the communication of the order, file an appeal before the Governing Body, whose decision shall be final.

24.  Validation.--All actions taken by the Authority from 15 August 2010 till the commencement of this Act shall, to the extent they are consistent with this Act, be valid.

25.  Removal of difficulty.--If any difficulty arises in giving effect to any provision of this Act, the Government may, within two years 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.

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ACT XII OF 2013

PUNJAB LOCAL GOVERNMENT (AMENDMENT) ACT, 2013

An Act further to amend the Punjab Local Government Ordinance, 2001.

[Gazette of Punjab, Extraordinary, 14th January, 2013]

No. PAP-Legis-2(160)/2012/819.--The Punjab Local Government (Amendment) Bill, 2012, having been passed by the Provincial Assembly of the Punjab on 7 January 2013, and assented to by the Governor of the Punjab on 12 January 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient further to amend the Punjab Local Government Ordinance, 2001 (XIII of 2001) for purposes hereinafter appearing;

It is enacted as follows:--

1.       Short title and commencement.--(1) This Act may be cited as the Punjab Local Government (Amendment) Act, 2013.

(2)  It shall come into force at once.

2.       Insertion of Section 116-A in Ordinance XIII of 2001.--In the Punjab Local Government Ordinance, 2001 (XIII of 2001), after Section 116, the following Section 116-A shall be inserted:--

"116-A. Additional power of taxation.--Notwithstanding anything contained in this Ordinance, the Government may, by rules, prescribe a tax or fee not specifically specified in the Second Schedule but such tax or fee shall be recovered by the Local Government".

3.  Savings.--Notwithstanding anything contained in Section 116 or Section 117 of the Punjab Local Government Ordinance, 2001 (XIII of 2001), any tax, cess, fee, rate, rent, toll, charge or surcharge, levied and recovered without fulfilling the requisite procedure or authority, up to the coming into force of this Act, shall be deemed to have been validly levied and recovered under the Ordinance; provided that the tax, cess, fee, rate, rent, toll, charged or surcharge is levied prior to coming into force of the Punjab Local Government (Amendment) Act, 2010 (III of 2010)."

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ACT XIII OF 2013

PUNJAB PUBLIC SERVICE COMMISSION (AMENDMENT) ACT, 2013

An Act further to amend the Punjab Public Service Commission Ordinance, 1978.

[Gazette of Punjab, Extraordinary, 14th January, 2013]

No. PAP-Legis-2(157)/2012/820.--The Punjab Public Service Commission (Amendment) Bill, 2012, having been passed by the Provincial Assembly of the Punjab on 7 January 2013, and assented to by the Governor of the Punjab on 12 January 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient further to amend the Punjab Public Service Commission Ordinance, 1978 (II of 1978) for purposes hereinafter appearing;

It is enacted as follows:--

1.  Short title and commencement.--(1) This Act may be cited as the Punjab Public Service Commission (Amendment) Act, 2013.

(2)  It shall come into force at once.

2.  Amendment in Section 3 of Ordinance II of 1978.--In the Punjab Public Service Commission Ordinance, 1978 (II of 1978), hereinafter referred to as the said Ordinance, in Section 3, in sub-section (4), in clause (b), for paragraph (iii), the following shall be substituted:-

"(iii)   women from public or private sector possessing such qualification and experience as the Government may, by rules, prescribe; and"

3.  Amendment in Section 4 of Ordinance II of 1978.--In the said Ordinance, in Section 4, for sub-section (1), the following shall be substituted:--

"(1) A member shall be appointed for a term of three years and shall not be eligible for reappointment but a member may be appointed as the Chairman for the residual period of the term; provided that the residual period of the member is not less than six months."

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ACT XIV OF 2013

PUNJAB SOCIAL SERVICES BOARD (AMENDMENT) ACT, 2013

An Act further to amend the Punjab Social Services Board Ordinance, 1970.

[Gazette of Punjab, Extraordinary, 14th January, 2013]

No. PAP-Legis-2(142)/2012/821.--The Punjab Social Services Board (Amendment) Bill, 2012, having been passed by the Provincial Assembly of the Punjab on 7 January 2013, and assented to by the Governor of the Punjab on 12 January 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.--Whereas it is expedient further to amend the Punjab Social Services Board Ordinance, 1970 (II of 1970) for purposes hereinafter appearing;

It is enacted as follows:--

1.       Short title and commencement.--(1) This Act may be cited as the Punjab Social Services Board (Amendment) Act, 2013.

(2)  It shall come into force at once.

2.       Amendment in Section 4 of Ordinance II of 1970.--In the Punjab Social Services Board Ordinance, 1970 (II of 1970), in Section 4, in sub-section (2), for the word "Governor", the words "Chief Minister" shall be substituted.

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ACT XV OF 2013

LAHORE CANAL HERITAGE PARK ACT, 2013

An Act to provide for the protection and conservation of the Lahore Canal Heritage Park.

[Gazette of Punjab, Extraordinary, 14th January, 2013]

No. PAP-Legis-2(156)/2012/822.--The Lahore Canal Heritage Park Bill, 2012, having been passed by the Provincial Assembly of the Punjab on 7 January 2013, and assented to by the Governor of the Punjab on 12 January 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.


Preamble.--Whereas the Lahore canal and the green belts on both sides of the canal is a public trust and is part of the heritage of the city of Lahore; therefore, it is expedient to make provisions for the maintenance of a salubrious environment and conservation of the Lahore Canal as a heritage park; to preserve the flora and fauna of this heritage park; and to provide for ancillary matters;

It is enacted as follows:--

1.  Short title, extent and commencement.--(1) This Act may be cited as the Lahore Canal Heritage Park Act, 2013.

(2)     It shall extend to the Lahore Canal and other specified areas.

(3)     It shall come into force at once.

2.  Definitions.--In this Act–

(a)     “Act” means the Lahore Canal Heritage Park Act, 2013;

(b)     “Advisory Committee” means the Advisory Committee constituted under Section 5;

(c)     “Authority” means the Parks and Horticulture Authority Lahore established under any law for the time being in force;

(d)     “canal tree” means a tree in the Heritage Park;

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

(f)      Heritage Park” means the Lahore Canal and any other specified area;

(g)     Lahore Canal” means the canal running through the city of Lahore from Jallo to Thokar Niaz Beg and includes the canal banks and green belts on both sides of the canal;

(h)     “prescribed” means prescribed by rules made under the Act; and

(i)      “specified area” means an area declared as specified area under Section 3.

3.  The Heritage Park.--(1) The Government shall, by notification in the official Gazette, declare an area as the specified area.

(2)     The Heritage Park, subject to such conditions and restrictions as the Government may, on the recommendations of the Advisory Committee, notify in the official Gazette, shall be open to the public for recreational, educational and research purposes.

(3)     The Authority shall arrange proper maintenance of the Heritage Park and may provide such entertainment and recreational facilities as are commensurate with the Heritage Park.

(4)     The expense on the maintenance and development of the green belts of the Heritage Park shall be met from the funds of the Authority and shall be a valid charge on the Fund.

(5)     Subject to sub-section (8) and except with prior permission in writing from the Authority, the following acts shall be wholly prohibited in the Heritage Park–

(a)     construction or any other infrastructure development work, clearing or breaking up any land for cultivation, mining or for any other purpose;

 

(b)     felling, tapping, burning or in any way damaging or destroying, taking, collecting or removing any plant or canal tree;

(c)     polluting water flowing in and through the Heritage Park;

(d)     hunting, shooting, trapping, killing or capturing of any animal or bird;

(e)     using firearm or doing any other act which may disturb any animal or bird or acting in a manner which is likely to interfere with the breeding places; and

(f)      such other prohibitions as the Government may notify in the official Gazette.

(6)     The Authority shall not levy any fee or charge for access to the Heritage Park.

(7)     Subject to sub-section (6), the Authority may prescribe reasonable charges for provision of entertainment and recreational facilities or other services at the Heritage Park.

(8)     The permission mentioned in sub-section (5) shall be subject to such conditions and in such manner as may be prescribed and while granting such permission, the Authority shall, among other things, take into consideration the following:-

(a)     amenity value of the canal tree;

(b)     character of the area;

(c)     necessity of the action;

(d)     possibility of an affordable alternative;

(e)     mitigation measures to reduce the impact of reducing canal tree cover;

(f)      expediency of the proposal or work requiring the felling, lopping, trimming or otherwise cutting of the canal tree; and

(g)     environmental impact assessment of the proposed activity.

4.  Alteration of the specified area.--The Government may, on the recommendations of the Advisory Committee and the Authority, alter the limits of the specified area by notification in the official Gazette.

5.  Advisory Committee.--(1) The Government shall constitute the Heritage Park Advisory Committee consisting of the following members:--

(a)     Director General of the Authority;

(b)     a nominee each of the Irrigation, Environment, Local Government and Community Development Departments of the Government;

(c)     four persons from the civil society or educational institutions, preferably women having qualification, knowledge and skill relating to environment, heritage, planning and development;

(d)     a nominee each of the City District Government Lahore, WWF-Pakistan, Lahore Development Authority and the Traffic Engineering and Planning Agency; and

(e)     Project Director nominated by the Authority.

(2)     The Advisory Committee may co-opt any other member.

(3)     A member, including a co-opted member of the Advisory Committee, shall not be entitled to any remuneration or fee or any other charges or facilities for the services rendered under the Act.

(4)     The Director General of the Authority shall be the Chairperson of the Advisory Committee and the Project Director shall be its Secretary.

(5)     The Government shall nominate the Vice Chairperson of the Advisory Committee from amongst the non-official members.

(6)     A non-official member, unless he sooner resigns or is removed, shall hold office for a term of two years but shall be eligible for re-nomination.

(7)     The Advisory Committee shall hold meetings in the manner prescribed.

(8)     The Government may, at any time, but after consultation with the Advisory Committee and the Authority, remove any member, including the Vice Chairperson, on charges of misconduct, disinterest, exploitation or misuse of powers, or any other act which is detrimental to the objectives of the Act.

6.  Functions of the Advisory Committee.--(1) The Advisory Committee shall advise the Authority for proper upkeep and maintenance of the Heritage Park and in particular for purposes of–

(a)     preparation of the canal trees master and management plan;

(b)     preparation of canal trees inventory system;

(c)     formulation of policies regarding preservation, protection and conservation of the Heritage Park;

(d)     provision and promotion of entertainment and recreational facilities and facilitation of the people visiting the Heritage Park;

(e)     proper supervision and monitoring of the implementation of the policies approved by the Government.

(f)      awareness campaigns regarding preservation and conservation of the Heritage Park;

(g)     co-operation with public authorities, educational bodies and other organizations and persons to achieve the objectives of the Act; and

(h)     raising funds for the maintenance of the Heritage Park.

(2)     The Advisory Committee may also advise the Authority on any other matter ancillary to the discharge of its functions under the Act.

(3)     In the performance of its functions under this Act, the Authority shall take into consideration any advice of the Advisory Committee.

(4)     The Authority, on the advice of the Advisory Committee, may refer any recommendation of the Advisory Committee to a department or agency of the Government for consideration.

7.  Action by the Authority.--(1) The Authority shall take appropriate action on the recommendations of the Advisory Committee within reasonable time and shall communicate to the Advisory Committee the reasons for not accepting any of its recommendations, and the Advisory Committee may, in the prescribed manner, submit a representation to the Government for appropriate orders.

(2)     The Authority shall act in accordance with the decision of the Government on such representation.

8.  Powers of the Government.--The Government may give such directions to the Authority as may be necessary to achieve the objectives of the Act.

9.  Penalty.--(1) If a person contravenes or attempts to contravene any provision of the Act shall be punished with imprisonment for a term which shall not be less than one year and not more than five years, or with fine which shall not be less than rupees thirty thousand and not more than rupees fifty thousand, or with both, and the weapon, vehicle or any other article used in such contravention shall stand forfeited to the Government.

(2)     The penalty for the abetment of an offence under the Act shall be the same as for the offence.

(3)     No Court shall take cognizance of an offence under the Act except on a complaint in writing from an officer or authority authorised for the purpose by the Government.

10.  Power to make rules.--The Government may, by notification in the official Gazette, make rules for carrying out the purposes of the Act.

11.  Act to prevail over other laws.--In the event of any conflict or inconsistency between the provisions of the Act and any other law, the provisions of the Act shall, to the extent of such conflict or inconsistency, prevail.

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