1. Short title and commencement
3. Establishment and incorporation of the University
4. Powers and functions of the University
5. University open to all
6. Teaching and examinations
7. Authorities of the University
8. Officers of the University
11. Powers and functions of the Chancellor
12. Executive Vice President
13. The Vice Chancellor
14. Director Finance
ORDINANCE LII OF 2002
An Ordinance to provide for the establishment of a University at
Kohat in the name of Preston University
23rd November, 2002
No.LEGIS.1(21)/02/8163, dated 23-11-2002.—The following Ordinance by the Governor of the North-West Frontier Province is hereby published for general information.
Whereas it is expedient to provide for the establishment of a University at Kohat, in the private sector, and for matters ancillary thereto;
And whereas the Governor of the North-West Frontier Province is satisfied that circumstances exist which render it necessary to take immediate action;
Now, therefore, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, as amended uptodate, and the Provisional Constitution Order No.1 of 1999, read with Article 4 of the Provisional Constitution (Amendment) Order No.9 of 1999, and in exercise of all powers enabling him in that behalf, the Governor of the North-West Frontier Province is pleased to make and promulgate the following Ordinance:
1. Short title and. commencement.–(1) This Ordinance may be called the Preston University 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 University;
(b) “Affiliated College” means an educational institution affiliated to the University but not maintained or administered by the University;
(c) “Authority” means any of the Authorities of the University as specified in section 7;
(d) “Board of Faculty” means the Board of Faculty of a specific Faculty of the University;
(e) “Board of Governors” means the Board of Governors of the University;
(f) “Board of Directors” means the Board of Directors of the Preston Education Peshawar (PVT) Ltd;
(g) “Chairman” means the Chairman of the Board of Governors;
(h) “Chairman of the Department” means head of a Department;
(i) “Chancellor” means the Chancellor of the University;
(j) “College” means an affiliated College;
(k) “Constituent College” means a college maintained and administered by the University;
(l) “Constituent Institute” means an Institute maintained and administered by the University;
(m) “Dean” means Dean of a Faculty;
(n) “Director” means the head of a Teaching Division or an Institute established as a Constituent Institute of the University;
(o) “Director Finance” means a Faculty of the University;
(p) “Faculty” means a Faculty of the University;
(q) “Government” means the Government of the North-West Frontier Province;
(r) “HEC” means the Higher Education Commission established under the Higher Education Commission Ordinance, 2002;
(s) “Head” means the Head of a Teaching Department of the University;
(t) “Patron” means the Patron of the University;
(u) “prescribed” means prescribed by Statutes, Rules or Regulations;
(v) “President” means the President of the Preston Education Peshawar (Pvt) Ltd;
(w) “Vice Chancellor” means the Vice Chancellor of the University;
(x) “Registrar” means the Registrar of the University;
(y) “Regulations, Rules and Statutes” shall respectively mean the Regulations, Rules and the Statutes made under this Ordinance;
(z) “Research Officer” mans a person engaged whole time by the University for research, being equivalent in rank to a teacher;
(aa) “Teachers” means Professors, Associate Professors. Assistant Professors, Lecturers, and Instructors engaged whole-time by the University for teaching graduate or postgraduate classes, and such other persons as may be declared to be teachers by Regulations;
(bb) “Teaching Department” means a Teaching .Department established and maintained by the University;
(cc) “PEP” means the Preston Education Peshawar (Pvt) Ltd., a company registered under the Companies Ordinance, 1984, vide Registration No. P-02109 of 2002-2003 (GCN 03024), dated 18th October, 2002.
(dd) “University” means Preston University at Kohat; and
(ee) “Executive Vice President” means the Executive Vice President of the University.
3. Establishment and incorporation of the University.–(1) There shall be established at Kohat a University to be called the “Preston University
(2) The University shall consist of—
(a) the Chancellor, the Executive Vice President, the Vice Chancellor, members of the Board of Directors and Board of Governors, the Director of Finance, the Deans, the heads, the Registrar and the Controller of Examination;
(b) the members of such councils, committees and other bodies as the respective Board may establish;
(c) such other officers and members of the staff as may, from time to time, be specified by the respective Board; and
(d) the teachers and the students of the University and its Constituent College or Constituent Institute.
(3) The University shall be a body corporate by the name of “Preston University” having perpetual succession arid a common seal, with power, among others, to acquire, hold and dispose of any property or investments and shall by the said name sue and be sued.
(4) The University shall receive and abide by the directives issued by the Chancellor from time to time in promoting and regulating the objectives of the University;
4. Powers and functions of the University.–The University shall have the powers to.—
(a) provide for instruction and training in such branches of learning as it may deem fit, and to make provision for research, demonstrations, and other services, and for the advancement and dissemination of knowledge;
(b) admit and examine students;
(c) hold examinations and confer or award degrees, diplomas, certificates and other academic distinctions on and to person who have passed its examinations under prescribed conditions;
(d) confer honorary degrees;
(e) prescribe courses of studies in any branch of learning as the University may determine;
(f) pursue research;
(g) establish and support other facilities for education, training and
(h) associate with other institutions and establish faculties/institutes in Pakistan and/or abroad, for better discharge of its functions and responsibilities:
(i) establish camp offices/campuses, faculties in Pakistan and abroad;
(k) provide for the teaching of specified courses and training for persons not being the students of the University and grant certificates and diplomas to such persons;
(l) establish, administer and maintain halls of residence and approve any place as hostel or lodging for students;
(m) recognize the examinations passed or the period or study spent at other universities or places of learning as equivalent to examinations or periods of study in the University or to withdraw such recognition;
(n) enter into agreements, contracts and arrangements with universities, organizations, institutions, bodies, governments, and individuals for the purpose of carrying out its functions and activities within the country and abroad;
(o) affiliate/disaffiliate educational institutions in accordance with the procedure approved by the Board of Governors, and the prevalent policy of the Government; provided that for the first ten years the University shall not grant affiliation to any institution; and
(p) do all such other acts and things as may be required to further its objectives.
5. University open to all.–The University shall be open to persons of either sex of whatever religion, race, creed, class, colour or domicile who are academically qualified for admission to the courses of study offered by the University and no such person shall be denied the privileges of the University on the ground of sex, religion, race, creed, class, colour or domicile.
6. Teaching and examinations.—-(1) The academic programmes of the University shall be conducted in a prescribed. way.
(2) The University shall associate internal or external examiners for the conduct of examinations.
7. Authorities of the University.—-The Authorities of the University shall consist of:
(a) Board of Governors;
(b) Academic Council;
(c) the Board of Faculty;
(d) the Board of Studies;
(e) the Advanced Studies and Research Board;
(f) finance and planning Committee;
(g) selection Board; and
(h) any other Authority constituted by the Board of Governors.
8. Officers of the University.–The following shall be the officers of the University.—
(c) Executive Vice President;
(d) Vice Chancellor;
(e) Director Finance;
(g) the Deans and Directors;
(h) the Heads of Teaching and Administrative Departments; and
(i) such other persons as tray be specified by rules to be the officers of the University;
9. Patron.–(1) The Governor of the North-West Frontier Province shall be the Patron of the University.
(2) When present the Patron shall preside at the convocations of the University. In his absence, the Chancellor shall preside at the convocations.
(3) Every proposal to confer an honorary degree shall be subject to confirmation by the Patron.
10. Chancellor.–The Chancellor shall be elected by the Board of Directors for a term of six years. Dr. Abdul Basit has been elected as the first Chancellor of the University by the Board of Directors.
11. Powers and functions of the Chancellor.–The Chancellor shall be the Chief Executive Officer of the University.
(2) The Chancellor shall be the Chairman of the Board of Governors.
(3) The Chancellor shall approve the draft Statutes proposed by the Board of Governors.
(4) The Chancellor shall appoint the Executive Vice President, the Vice Chancellor and the Director of Finance on the recommendations of the Board of Directors.
(5) If the Chancellor is satisfied that the proceedings of any Authority or orders of any officer are not in .accordance with the provisions of this Ordinance, the Statutes, the Rules, or the Regulations, he may after calling upon such Authority or officer to show cause why such proceedings should not be annulled, by order in writing, annul such proceedings or orders.
(6) The Chancellor may remove any person from the membership of any Authority if such person:
(a) has become of unsound mind; or
(b) has been incapacitated to function as member of such Authority; or
(c) has been convicted by a Court of law for an offence involving moral turpitude; or
(d) has been found indulging in any activity against the interest of the University; or
(e) has violated or not fulfilled his terms of appointment.
(7) Should the Chancellor be incapacitated from acting as such due to absence or any other cause, the Executive Vice President shall work in his place.
(8) The Chancellor may cause an inspection or inquiry to be made on his own motion or on the request of Government in respect of any matter connected with the affairs of the University and shall, from time to time, direct any person, or persons, to inquire into or carry out inspection of:
(a) the University, its building, laboratories, libraries, and other facilities;
(b) any institution, department or hostel maintained by the University;
(c) the adequacy of financial and human resources;
(d) the teaching, research, curriculum, examination, and
(e) such other matters as may be specified by him.
(9) The Chancellor shall communicate to respective Authorities his views with regard to the result of visitation and shall, after ascertaining the views of the respective Authority, advise the Authority on the action to be taken by it.
(10) The respective Authority shall, within such time as may be specified by the Chancellor, communicate to him such action, if any, as has been taken or may be proposed to be taken upon the results of visitation.
(11) Where the respective Authority does not, within the time specified, take action to the satisfaction of the Chancellor, the Chancellor may issue such directions as he deems fit and the respective Authority shall comply with all such directions.
12. Executive Vice President.–(1) The Executive Vice President shaft be a person of eminence, known for his contributions in the field of knowledge or services to society, and appreciated for his high moral and intellectual caliber.
(2) The Executive Vice President shall be appointed for a term of three years and on such terms and conditions as the Chancellor may, with the approval of the Board of Directors, determine.
(3) Mr. Abdul Hamid has been appointed as the first Executive Vice President of the University on the recommendations of the Board of Directors on the terms and conditions as may be specified separately by the Chancellor.
(4) The Executive Vice President shall perform such duties as may be assigned to him by the Chancellor.
13. The Vice Chancellor.—-(1) The Vice Chancellor who shall be an eminent scholar of repute and an educationist of distinction shall be appointed for a term of three years on such terms and conditions as the Chancellor may determine, and shall hold office during the pleasure of the Chancellor.
(2) At any time when the office of the Vice Chancellor is vacant, or the Vice Chancellor is absent or unable to perform the functions of his office due to illness or some other reason, the Chancellor shall take necessary steps for smooth functioning of the University.
(3) The Vice Chancellor shall be the chief academic officer of the University and shall, subject to control and supervision of the Chancellor, act as the administrative officer in relation to the matters concerning academic activities of the University. He shall be responsible for the implementation of the decisions and for the execution of the programmes of the University in accordance with the guidelines and policies formulated by the Board of Governors.
(4) The Vice Chancellor shall also have powers to—
(a) regulate the activities connected with the execution of programmes for instructions, training, research and similar services;
(b) authorize expenditure provided for in the approved budget and to re-appropriate funds within the same major head of expenditure, in consultation with the Director Finance, and report it to the Board of Governors in the next meeting;
(c) sanction and re-appropriate an amount not exceeding one hundred thousand rupees for an unforeseen item not provided for in the budget, and report it to the Board of Governors in the next meeting;
(d) appoint, with the approval of the Board of Governors, teachers, officers and members of the staff of the university and such persons as may be necessary in accordance with policies and procedures approved-by the Board of Governors;
(e) submit to the Board of Governors, in accordance with the rules of procedure, reports on the activities of the University and the execution of the plans of work;
(f) submit plans of work and budget estimates of the University for the consideration of the Board of Governors;
(g) create and fill’ temporary posts for a period not exceeding six months; and
(h) exercise and perform such other powers and functions as may be prescribed.
14. Director Finance.–The Director Finance shall be appointed for a term of three years on such terms and conditions as the Chancellor may determine and shall hold office during the pleasure of the Chancellor. He shall—
(a) manage the property, the finances and the investment of the University;
(b) ensure that the funds of the University are expended for the purposes for which they are provided;
(c) be responsible for planning and development of on going and future projects of the University;
(d) prepare the annual and revised budget estimates of the University and present them to the Finance and Planning Committee and the Board of Governors;
(e) be responsible to arrange transfer of funds from PEP to the University, should the latter face financial difficulties. Similarly, with the approval of the Chancellor, he may transfer surplus funds from the University to the PEP; and
(f) perform such other duties as may be prescribed by the Chancellor;