The Balochistan Institute of information Technology and Management Sciences Ordinance 2002

  

The

Balochistan Institute of information Technology and Management Sciences Ordinance 2002

Preamble

1.         Short title and commencement
2.         Definitions
3.         Establishment and incorporation of the Institute
4.         Powers and functions of the Institute
5.         Institute open to all classes, etc.
6.         Teaching and examinations
7.         Authorities of the Institute
8.         Officers of the Institute
9.         Patron
10.       Visitation
11.       Chancellor
12.       The Project Director
13.       Board of Governors
14.       Power and functions of the Board
15.       Meetings of the Board
16.       Academic Council
17.       Powers of the Academic Council
18.       Constitution, functions and powers of the Authorities
19.       Committees
20.       Academic and administrative staff
21.       Fund of the Institute
22.       Audit and accounts
23.       Indemnity
24.       Powers to make rules
25.       Statutes
26.       First statutes

THE

BALOCHISTAN INSTITUTE OF INFORMATION TECHNOLOGY AND MANAGEMENT SCIENCES

ORDINANCE, 2002

ORDINANCE X OF 2002

18th July, 2002

 

An Ordinance to provide for the establishment of Balochistan

Nstitute of Information Technology and

Management Sciences at Loralai

No. Legis: 1‑130/Law/2001, dated 18‑7‑2002. The following Ordinance made by the Governor of Balochistan on 8th July, 2002, is hereby published for general information:

 

Whereas the Government of Balochistan for sustainable development in the province has expressed the desire to establish the Institute of Information Technology at Loralai;

 

And whereas it is in the interest of the region in general and in the interest of the country in particular to establish a center of excellence to provide quality of education at international standard to talented students of Balochistan.

 

And whereas it is expedient to provide for the establishment of the Balochistan Institute of Information Technology and Management Sciences at Loralai and for matters ancillary thereto or connected therewith;

 

And whereas the Governor of Balochistan is satisfied that circumstances exist which render it necessary to take immediate action;

 

Now, therefore, in pursuance of Article 4 of the Provisional Constitution (Amendment) Order, 1999 (Chief Executive’s Order No.9 of 1999), and in exercise of all powers enabling him in that behalf, the Governor of Balochistan is pleased to make and promulgate the following Ordinance:‑‑

 

1. Short title and commencement.‑‑‑(1) This Ordinance may be called the Balochistan Institute of Information Technology and Management Sciences Ordinance, 2002.

(2) It shall come into force at once.

 

2. Definitions.‑‑‑In this Ordinance, unless there is anything repugnant in the subject or context‑

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

(b) “Authority” means any of the Authorities of the Institute specified in section 7;

(c) “Board” means the Board of Governors of the Institute constituted under section 13;

(d) “Chancellor” means the Chancellor of the Institute;

(e) “Department” means a Teaching Department established and maintained by the Institute;

(f) “Faculty” means a Faculty of the Institute;

(g) “Government” means Government of Balochistan;

(h) “Institute” means the Institute of Information Technology and Management Sciences at Loralai;

(i) “Patron” means the Patron of the Institute;

(j) “Project Director” means the Project Director of the Institute appointed under section 12;

(k) “Prescribed” means prescribed by regulations, rules or Statutes;

(l) “regulations”, “rules” or “Statutes” means the regulations, rules or Statutes made or deemed to have been made under this Ordinance; and

(m) “teacher” includes the professors, Associate Professors, Assistant Professors, Lecturers and research staff engaged by the Institute for teaching graduate classes and such other persons as may be declared teacher by the Board.

 

3. Establishment and incorporation of the Institute. ‑‑‑(1) There shall be established, in accordance with the provisions of this Ordinance, an Institute to be called the Balochistan Institute of Information Technology and Management Sciences Loralai consisting of the Patron, the Chancellor, the Board, the Project Director and such other officers as may be prescribed.

(2) The Institute shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of any property, both movable and immovable, and shall by the said name sue and be sued.

 

4. Powers and functions of the Institute. ‑‑‑The Institute shall have the powers‑

(a) to provide for instruction and training in computer and information technology and to make provisions for the advancement and dissemination of knowledge in such manner as it may deem fit;

(b) to admit and examine students;

(c) to hold examinations and confer or award degree, diplomas, certificates and other academic distinctions on and to persons who have passed its examinations under prescribed conditions;

(d) to confer honorary degrees or other distinctions on persons duly approved by the Board in the manner as may be prescribed;

(e) to prescribe courses of studies in computer and undertake research as it may determine;

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

(g) to appoint such officers including teachers and members of the staff and prescribe terms and conditions, powers and duties of such officers and staff;

(h) to appoint members of the various bodies and committees as the Board may determine for instructional and curricular activities and admit students of the Institute and its constituent units;

(i) to affiliate and disaffiliate educational institutions and inspect such institutions or associate itself with other educational training and research institutions;

(j) to receive and manage property, grants, bequests, trusts, gifts, donations, endowments and other contributions made to the Institute arid to invest them in such manner as it may fit;

(k) to enter into agreement, contracts and arrangements with Governments, organization, institutions, bodies and individuals for carrying out its functions and activities; and

(l) to do all such other‑ acts and things as may be required for its further objectives.

 

5. Institute open to all classes, etc.‑‑‑The Institute shall be open to all persons of either sex of whatever religion, race, creed, colour of domicile who are academically qualified for admission to the courses of study offered by the Institute; and no such person shall be denied the privilege on the ground only of sex, religion, creed, race cuss, colour or domicile.

 

6. Teaching and examinations. ‑‑‑(1) The academic programmes of the Institute shall be conducted in the prescribed manner.

(2) The Institute shall restrict to phase‑wise development of its academic programmes and having developed the necessary infrastructure it shall launch its academic programmes subsequently.

(3) The degree awarding programmes of the Institute shall conform to the approved criteria of the University Grants Commission.

(4) The Institute may associate external examiners for the conduct of examinations.

(5) No degree shall be granted unless a student has passed an examination in Islamic studies at Bachelor’s degree level or, in the case of nun‑Muslim student, in Ethics and Pakistan Studies at his option.

 

7. Authorities of the Institute. ‑‑‑The following shall be the Authorities of the Institute, namely:‑‑

(a) The Board of Governors;

(b) The Academic Council;

(c) Such other Authorities as may be specified by regulations to be the Authority.

 

8. Officers of the Institute.‑‑‑ The following shall be the officers of the Institute, namely:‑‑

(a) the Patron;

(b) The Chancellor;

(c) The Project Director;

(d) Programme Coordinator (R&D)

(e) Programme Coordinator (Academic)

(f) Programme Coordinator (Software Department)

(g) Administrative Officer

(e) such other persons as may be specified by regulation to be the officers.

 

9. Patron.‑‑‑(1) The Governor Balochistan shall be the Patron of the Institute.

(2) The Patron, or in his absence, the Chancellor shall preside at the Convocation of the Institute.

(3) Every proposal to confer an honorary degree shall be subject to confirmation by the Patron.

 

10. Visitation. ‑‑‑(1) The Patron, may cause an inspection or inquiry to be made in respect of any matter connected with the affairs of the Institute and shall, from time to time, direct any person or persons as he may deem fit to inquire into or carry out inspection of—

(i)        the Institute, its building, laboratories, libraries, and other facilities;

(ii)       any institution, Department or hostel maintained by the Institute;

(iii)      the adequacy of financial and human resources;

(iv)      the teaching, research, curriculum, examination and other matters of the Institute; and

(v)       such other matters as may be specified by him. .

(2) The Patron shall communicate to the Board his views with regard to the result of visitation and shall, after ascertaining the views of the Board, advise the Board on the action to be taken by it.

(3) The Board shall, within such time as may be specified by the Patron, communicate to him such action, if any, as has been taken or may be proposed to be taken upon the result of visitation.

(4) Where the Board does not, within the time specified, take action to the satisfaction of the Patron, the Patron may issue such directions as he deems fit and the Board shall comply with all such directions.

(5) The Patron shall have full power to take any action as he may deem fit against the Institute including its closure if found in any subversive or unlawful activity.

 

11. Chancellor. ‑‑‑(1) The Minister for Information Technology shall be the Chancellor of the Institute.

(2) In case the Chancellor is satisfied that the proceedings of any Authority or order of any Officer are not in accordance with the provisions of this Ordinance, the rules or regulations, he may, after calling upon such Authority or Officer to show cause to why such proceedings, or as the case may be, order should not be annulled, by order in writing, annul such proceedings or orders.

(3) The, Chancellor may, on receipt of a report, issue such directions a he thinks fit and the Project Director shall comply with such directions.

 

12. The Project Director.‑‑‑The Board may appoint the Project Director, on such terms and conditions, as it may determine. The Project director of Institute shall be the principal academic and Administrative Officer and shall be responsible for proper implementation of the decisions of the Board and for the execution of the programme of the Institute in accordance with the guidelines and policies formulated by the Board. The Project Director shall have the following powers namely:‑‑

(a) to sanction all expenditure provided for in the approved budget;

(b) to sanction re‑appropriation of an amount not exceeding such amount as the Board may authorize in this behalf for an unforeseen item not provided for in the budget;

(c) to make such arrangement for the scrutiny of papers, marks and results as may be necessary; and

(d) to direct teachers, officers and other employees of the campus of the Institute to take up such assignments in connection with teaching, research, examination, administration and such other activities in the campus, as he may consider necessary.

 

13. Board of Governors.‑‑‑(1) The general supervision and control of administrative, academic and financial affairs of the Institute and power to lay down policies of the Institute shall vest in a Board of Governors consisting of the following members, namely:‑‑

(a)       The Addl. Chief Secretary (Dev) P&D Department shall be the Chairman of the Board.

(b)       The Secretary Government of Balochistan Department of Information Technology, or his nominee;

(c)        The Secretary Government of Balochistan ‘ Department of Education, or his nominee;

(d)       The Vice Chancellor Balochistan University of Engineering and Technology Khuzdar.

(e)       The Project Director of the Institute, who shall be the Secretary.

(2) A nominated member of the Board shall hold office for a term of three years and shall be eligible for re‑nomination on the expiry of his term.

(3) The office of a nominated member of Board shall become vacant if he resigns or fails to attend three consecutive meetings of the Board without sufficient cause or leave of absence.

(4) A casual vacancy in the office of a nominated member of the Board shall be filled by a person nominated by the authority which nominated the member whose vacancy is to be filed.

(5) No act of proceedings of the Board shall be invalid by reason only bf the existence of a vacancy in or a defect in the constitution of the Board.

 

14. Power and functions of the Board.‑‑‑(1) The Board shall exercise the powers and perform the following functions, namely:‑‑

(a)       to hold, control and administer the property, funds assets and resources of the institute.

(b)       to transfer and accept transfer and accept transfer of movable or immovable property on behalf of the Institute;

(c)        to consider and approve, on the advise of the Finance and Planning Committee, the annual and revised budget estimates and to lay down guidelines or rules of business dealing with financial matters;

(d)       to approve, carry out, very or cancel contracts on behalf of the Institute;

(e)       to initiate and approve schemes for achievement of the objectives Of the Institute;

(f)        to determine the form, and regulate the custody and use of common seal of the Institute;

(g)       to create professional, research, administrative posts and such others posts as may be required to carry out for the purpose of the Institute and to suspend or abolish such posts;

(h)       to appoint teachers, researchers and officers on the recommendations of the Selection Board;

(i)        to suspend, punish and remove from service employees of the Institute in the manner as may be prescribed after due enquiry and defence.

(j)        to approve rules on the recommendations of the appropriate bodies;

(k)       to determine,, regulate and administer all other matters concerning the Institute; and

(l)        to arrange convocation.

 

15. Meetings of the Board.‑‑‑(1) The Board shall meet at least twice in a year on such dates as may be fixed by the Chairman.

(2) A special meeting may be called at any time on the direction of he Chancellor or on a requisition made by not less than four members of the 3oard to consider a matter or urgent nature.

(3) Not less than seven clear days notice of a special meeting shall be given to the member of the Board and the agenda of the meeting shall be restricted to the matter for which the special meeting is called.

(4) The quorum for a meeting of the Board shall be half of its members, a fraction being counted as one.

(5) The decision of the Board shall be expressed in terms of the views of the majority of the members present and voting and, if the members are equally divided, the Chairman of the Board shall have a casting vote.

 

16. Academic Council.‑‑‑(1) The Academic Council shall consist of:

(a)       the Project Director who shall be its Chairman;

(b)       all Professors/Associate Professors/Assistant Professors and Lecturers of the Institute;

(c)        the Program Coordinator (HRD)

(d)       the Program Coordinator (Academic) who shall be the Secretary of Council.

(e)       the Program Coordinator (SOFTWARE)

(f)        two eminent scholars to be nominated by the Board.

(2) A nominated member of the Academic Council, shall hold office for a term of three years and shall be eligible for re‑nomination.

(3) The office of a nominated member of the Academic Council shall become vacant if he resigns or fails to attend three consecutive meetings of the Academic Council without sufficient cause or leave of absence.

(4) The quorum for a meeting of the Academic Council shall be one half of the total number of its members, a fraction being counted as one.

 

17. Powers of the Academic Council.‑‑‑(1) The Academic Council shall be the highest academic body of the Institute, and shall, subject to the provisions of this Ordinance and the Statutes, have the powers to lay down proper standards of instructions, research and examinations, and to regulate and promote the academic life of the Institute.

(2) In particular and without prejudice to the generally of the foregoing powers‑

(a)       to advise the Board on academic matters;

(b)       to regulate the admission of students to the courses of studies and examinations;

(c)        to propose to the Board Schemes for the constitution and organization of Faculties, Teaching Departments, Campuses of the Institute and Board of Studies;

(d)       to consider the formulate proposals for the planning and development of teaching and research in the Institute;

(e)       to make regulations, on the recommendations of the Board of Studies, prescribing the courses of studies and the syllabi for all Institute examination provided that if the recommendations of the Board of Studies are not received by the prescribed date, the Academic Council may, subject to the approval of the Board continue for the next year the courses of studies already prescribed for an examination;

(f)        to recognize the examinations of other universities or examining Bodies as equivalent to the corresponding examinations of the Institute;.

(g)       to frame regulations for submission to the Board;

(h)       to appoint members to the various Authorities in accordance with the provisions of this Ordinance; and

(i)        to perform such other functions as may be prescribed by Statute.

 

18. Constitution, functions and powers of the Authorities. ‑‑‑(1) Subject to the provisions of the Ordinance, the constitution, functions and powers of the Authorities for which no specific provisions has been made in this Ordinance shall be such may be prescribed by Statutes.

(2) No act, proceedings, resolution or decision of any Authority shall be invalid by reason only of any vacancy or defect in the constitution of or in the appoint or nomination of any member of the Authority.

 

19. Committees.‑‑‑The Board, the Academic Council or any other Authority may appoint such Standing, Special or Advisory Committees as it may consider necessary in the performance of its functions.

 

20. Academic and administrative staff.‑‑‑(1) The academic and administrative staff of the Institute shall be selected with a view to achieve stated objectives, and the basic criteria for their selection shall be the highest standards of competence, integrity and efficiency.

(2) In the case of‑ academic staff, the academic qualifications and fringe benefits shall not be less than those duly approved by the University Grants Commission for such appointments.

 

21. Fund of the Institute. ‑‑‑(1) The Institute shall have a Fund to w inch shall be credited income from fees, donations, trusts, bequests endowments, grants, contributions and income from any other sources.

(2) The capital and recurrent expenditure of the Institute shall be met from the contributions made by any sources including foundations, universities and individuals and from the income derived from such sources.

(3) The Institute may obtain funds from the Government of Balochistan according to such terms and conditions as may be mutually agreed upon.

(4) No contribution, donation or grant which may directly or indirectly involved any immediate or subsequent financial liability for the Institute, or which may involve an activity not included in the academic programmes of the Institute for the time being, shall be accepted without the prior approval of the Board.

 

22. Audit and accounts.‑‑‑(1) The accounts of the Institute shall be Maintained in such form and manner as may be determined by the Board.

(2) The accounts of the’ Institute shall be audited each year within four months of the closing of the financial years of the Institute by the Chartered Accountant to be appointed by the Board.

(3) The accounts of the Institute shall, together with the report of the auditor thereon, be submitted, for approval of the Board.

(4) The auditor’s report shall certify that the auditor has complied with the standards of audit and certification laid down by the Institute of Chartered Accountants of Pakistan.

(5) Each campus of the Institute shall have a separate fund and the accounts of such fund and the accounts of such fund shall be maintained and audited on similar lines as the fund of the Institute.

 

23. Indemnity.‑‑‑No suit, prosecution or legal proceedings shall lie against the Institute, Board, any Authority or an employee of the Institute for anything which is done, or intended to be done in good faith under this Ordinance.

 

24. Powers to make rules.‑‑‑(1) Subject to the provisions of this Ordinance, the Board may make rules for carrying out the purposes of this Ordinance.

(2) Without prejudice to the generality of the foregoing powers, such rules, may provide for‑

(a)       terms and conditions of contractual appointments of teachers, researchers and officers;

(b)       powers and duties of officers and teachers;

(c)        conditions under which the Institute may enter into arrangements with other public or private organizations for purposes of instruction, research and other scholarly activities;

(d)       conditions of appointment of Professor Emeritus and award of honorary degrees;

(e)       efficiency and discipline of the employees of the Institute;

(f)        acquisition and administration of properties and investments of the Institute; and

(g)       all other matters which under this Ordinance are required to be regulated by rules.

(3) The Project Director or the Academic Council may propose the haft of the rules for approval of the Board. .

(4) Any Authority or any other body of the Institute may purpose rules consistent with the provisions of this Ordinance, for approval of the Board, to regulate the conduct of its business.

 

25. Statutes.‑‑‑(1) Subject to the provisions of this Ordinance, Statute may be made to regulate or prescribe all or any of the following matters, namely:‑‑

(a)       Creation of. Faculties, Teaching Departments and other academic units and divisions

(b)       Terms and conditions of service of employees of the Institute including pension, insurance, gratuity, provident funds, benevolent fund and other fringe benefits;

(c)        Efficiency and discipline of the employees of the Institute; and

(d)       All matters required to be regulated under the Statutes.

(2) The Project Director shall propose draft of the Statutes for approval of the Board.

(3) The Board may approve the Statutes or refer the same back for reconsideration.

(4) No Statute shall be valid until the Board has approved it.

 

26. First statutes.‑‑Notwithstanding anything contained in this Ordinance, the Statutes set out in the Schedule to this Ordinance shall be deemed to be the Statutes framed under section 26 and shall remain in force until they are rescinded or replaced by new Statutes framed in‑ accordance with the provisions of this Ordinance.

THE SCHEDULE

 

1. Faculties: —(1) The Institute shall have the following Faculties, namely:–

(a) Faculty of Science;

(b) Faculty of Engineering;

(c) Faculty of Business Administration; and

(d) Faculty of Information and Technology.

(2) Each Faculty shall include such institutes, Teaching Departments centers or the other teaching or research units as may be prescribed by the Statutes.

 

2. Board of Faculty.–-(1) there shall be a Board of each Faculty which shall consist of:

The Project Director and Programme Coordinator (R&D), Program Coordinator (HRD) Program Coordinator (Software), the Professors, comprised in the Faculty; and

(a)           three teachers to be nominated by the Project Director by reason of their special knowledge of the subject which though not assigned to the Faculty.;

(2) The terms of office of a nominated member of the Board of a Faculty shall be three years.

(3) The quorum for a meeting of the Board of a Faculty shall be one-half of the total number of members a fraction being counted as one.

 

3. Functions of the Board of Faculty.—The Board of each faculty shall subject to the general control of the Academic Council and the Board have the powers.

(a) to coordinate the teaching and research work in the subject assigned to the Faculty;

(b) to scrutinize the scheme of courses and syllabi proposed by the Board of Studies comprised in the Faculty, and forward them to the Academic Council alongwith its observations;

(c) to scrutinize the recommendations made by the Board of Studies comprised in the Faculty, on the appointment of paper setters and examiners, except for research and degree examiners who shall be scrutinized by the Project Director;

(d) to consider any other academic matter relating to the Faculty ay,: the report thereon to the Academic Council; and

(e) to perform such other functions as may be prescribed by the Statutes.

 

4. Board of Advanced Studies and Research.—(1) The Board of Advanced Studies and Research shall consist of-

(a)       the Project Director who shall be the Chairman;

(b)       Program Coordinator (RHD)

(c)        Program Coordinator (R&D)

(d)       Program Coordinator (Software)

(e)       three professors to be appointed by the Board; and

(f)        three scholars of eminence in a field not represented on the 3oard of Advance Studies and research to be appointed by the Project Director, on the recommendation of the Academic Council.

(2) The term of office of members of the Board of Advanced Studies send 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 on behalf of the total number of members, a fraction being counted as one—

(4) The functions of the Board of Advance Studies and Research shall be—

(a)       to advise the Authorities on all matters connected with the promotion of advanced studies and research in the Institute;

(b)       to consider and report to the Authorities on the institution of research degree in the Institute;

(c)        to appoint supervisors for research studies;

(d)       to propose regulations for award of research degree; and

(e)       to recommend the names of examiners for research degree.

(f)        two persons of eminence to be nominated by the Board provided that none of them is an employee of the Institute;

(g)       the Chairman of the Teaching Department concerned.

 

5. Finance Planning, Committee.—(1) There shall be a Finance and Planning Committee consisting of—

(a)       the Project Director, who shall be the Chairman;

(b)       two nominees of the Institute;

(c)        one nominee of the Board;

(d)       three experts in the field of finance and planning to be nominated by the Board;

(e)       The Accounts Officer who shall be the Secretary.

(2) The quorum for a meeting of the Finance and Planning Committee shall be four members.

(3) The functions of the Finance and Planning Committee shall be—

(a)       to consider annual statement of accounts and revised budget estimate and advise the Board thereon;

(b)       to review periodically the financial position of the Institute;

(c)        to advise the Board on all matters relating to planning, development, finance, investment and accounts of the, Institute;

(d)       to prepare short term and long terms development plans;

(e)       to prepare resource development plans; and

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

 

6. Affiliation Committee.—(1) There shall be an Affiliation Committee consisting of—

(a)       the Project Director who shall be the Chairman;

(b)       one member to be nominated by the Board; and

(c)        two Professors or two Project Coordinators to be nominated by the Academic Council.

(2) The terms of office of the members of the Affiliation Committee other than ex-officio members shall be two years.

(3) The Affiliation Committee may coopt not more than three experts.

(4) The quorum of the meeting, of the Affiliation Committee shall be three members.

(5) An Officer of the Institute to be designated by the Project Director for this purpose shall be the Secretary of the Affiliation Committee

 

7. Discipline Committee.—(1) The Discipline Committee shall consist of—

(a)       the Project Director or his nominee;

(b)       Administrative Officer;

(c)        one member to be nominated by the Board; and

(d)       the teacher or officer Incharge Students Affairs by whatever name called who shall be the member and Secretary.

(2) The term of office of the members of the Discipline Committee other than ex-officio members shall be two years.

(3) The functions of the Discipline Committee shall be—

(a)       to propose regulations to the Academic Council for the conduct of Institute students, maintenance of discipline and for dealing with cases indiscipline; and

(b)       to perform such other functions as may be assigned to it by regulations.

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