ACT III OF 1996
27th May, 1996
An Act to re-constitute and re-organize the University of Balochistan
No.PAB/Legis. V(25)/96, dated 1-7-1996.–The University of Balochistan Bill, 1996 having been passed by the Provincial Assembly on 26th June, 1996 and assented to by the Governor of Balochistan, is hereby published as an Act of the Provincial Assembly.
Preamble.-Whereas it is expedient to re-constitute and re-organize the University of Balochistan for the purpose of promoting the advancement and dissemination of knowledge in the province of Balochistan;
It is hereby enacted as follows:–
CHAPTER – 1
1. Short title and commencement.–(1) This Act may be called the University of Balochistan Act, 1996.
(2) It shall come into force at once.
2. Definitions.–In this Act and in all the Statutes, the Regulations and the Rules made here-under, 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 it;
(c) “Authority” means the Authorities of the university specified in section 18;
(d) “Chancellor” means the Chancellor of the University;
(e) “College” means a constituent college or an affiliated college;
(f) “Constituent College” means a college maintained and administered by the University;
(g) “Dean” means the Chairman of the Board of a Faculty as shown in the Schedule;
(h) “Institute” means a constituent institute maintained and administered by the University;
(i) “Director” means the head of a Teaching Division or an institute established as a constituent institute by the University;
(j) “Educational Institution” means an institution- imparting instruction in a subject or subjects relating to a faculty;
(k) “Employee” means a person borne on pay roll of the University but shall not include:–
(a) a person holding purely fixed tenure post
(b) A person appointed by the University on contract basis
(c) a person on deputation with the University.
(1) “Faculty” means a Faculty of the University;
(m) “Government” means the Government of Balochistan.
(n) “Prescribed” means prescribed by Regulations or Rules
(o) “Principal” means the head of a College;
(p) “Professional College” means a college providing for instruction in courses of studies leading to a degree in Medicine, Engineering, Agriculture, Commerce, Education. Law, Fine Arts, Management Sciences or such other subjects as may be prescribed by Regulations to be professional subjects;
(q) “Registered graduate” means;
(i) a graduate of the University whose name is enrolled in the register maintained for this purpose as prescribed; or
(ii) a graduate of any other University who has obtained permanent residence within the territorial jurisdiction of the University and whose name is enrolled in the. register maintained by the University for this purpose as prescribed;
(r) “Research Officer” means a person engaged whole-time by the University for research and equivalent in rank to a University Teacher;
(s) “Senate” means the Senate of the University
(t) “Syndicate” means the Syndicate of the University
(u) “Teachers” means Professors, Associate Professors, Assistant Professors and Lecturers engaged whole-time by the University or the College for teaching courses of studies prescribed for Honours, Postgraduate, M-Phil. Ph.D and Post Doctorate classes and such other persons as may be declared to be Teachers by Regulations;
(v) “Rules” and “Regulations” means respectively the Rules and Regulation made or deemed to have been made under this Act for the time being enforce;
(w) “Teaching Department” means a teaching department maintained and administered or recognized by University;
(x) “University” means the University of Balochistan as incorporated under this Act;
(y) “University Teachers” means a whole-time Teacher appointed on salary payable from the University fund or recognized by the University as such; and
(z) “Vice Chancellor” means the Vice Chancellor of the University
CHAPTER NO II
3. Incorporation.–(1) The University of Balochistan shall be deemed to have been established at Quetta in accordance with the provisions of this Act, with all legal consequences regarding succession and acquirement of rights and liabilities.
(2) The University shall consist of;
(i) The Authorities and officers as provided by this Act or as may be prescribed as such;
(ii) The members of the Senate, the Syndicate, the Academic Council and other Authorities of the University;
(iii) All University Teachers and;
(iv) Emeritus Professors;
(3) The University shall be fully Autonomous body corporate by the name of the University of Balochistan and shall have perpetual succession and common seal, and may sue and be sued by the said name.
(4) The University shall be competent to acquire and hold property, both movable and immovable, and to lease, sell or otherwise transfer any movable and immovable property which may have become vested in or been acquired by it.
(5) All properties, rights and interests of whatever kind, used, enjoyed, possessed owned or vested in, or held in trust by or for the University of Balochistan as constituted under University of Balochistan Ordinance, 1970 (1 of 1970) the University of Balochistan Employees (other than Officer and Teachers), (Pay Revision) Rules, 1972 the University of Balochistan Non-Teaching Officers (Pay Revision) Rules, 1974, the University of Balochistan Teachers National Pay Scales (Pay Revision) Rules, 1975, and all liabilities legally subsistent against the said University shall stand transferred to the University as reconstituted under this Act.
4. Powers of the University.–The University shall have the powers:–
(a) to provide for instruction in such branches of learning as it may deem fit, and to make provision for research and for the advancement and dissemination of knowledge in such manner as it may determine;
(b) to prescribe courses of studies to be conducted by it and the colleges;
(c) to hold examinations and to award and confer degrees, diplomas, certificates, and other academic distinctions to and on persons who have been admitted to and have passed its examinations under prescribed conditions:–
(d) to confer honorary degrees or other distinctions on approved persons in manner prescribed;
(e) to provide for such instruction for persons not being student of the University as it may determine, and to grant certificates and diploma to such persons;
(f) to confer degree on persons who have carried on independent research under prescribed conditions;
(g) to affiliate and disaffiliate educational institutions under prescribed conditions;
(h) to admit educational institutions to its privileges and to withdraw such privileges under prescribed conditions;
(i) to inspect colleges and other educational institutions associated or seeking associations with it;
(j) to accept the examination passed and the periods of study spent by students of the University at other Universities and places of learning equivalent to such examinations and periods. of study in the University as it may determine and to withdraw such acceptance;
(k) to cooperate with other Universities and public authorities in such manner and for such purposes as it may determine;
(1) to institute Professional, Associate Professorship, Assistant Professorship and Lecturerships and any other posts and to appoint persons thereto;
(m) to create posts for research, publications, extension administration and other related purpose and to appoint person thereto;
(n) to recognize selected members of the teaching staff of affiliated colleges and colleges or educational institutions admitted to the privileges of the University or such other persons as it may deem fit as University Teachers;
(o) To institute and award fellowships, scholarship, exhibitions, bursaries, medals and prizes under prescribed conditions;
(p) to establish teaching departments schools, colleges, faculties, institutes, museums, laboratories, hospitals, farms and other centres of excellence, and study centres for the development of teaching and research and to make such arrangements for their maintenance, management and administration as it may determine;
(q) to supervise and control the discipline of the students of the University and the colleges, to promote the extra curricular and recreational activities of such students and to make arrangements for promoting their health and general welfare;
(r) to demand and receive such fees and other charges as it may determine;
(s) to enter into carry out, vary or cancel contracts;
(t) to receive and manage property transferred and grants, bequests, trusts, gifts, donations, endowment and other contributions made to the University and to invest any fund representing such property, grants, bequests, trusts, gifts, donations, endowment or contributions in such manner as it may deem fit;
(u) to provide for the printing and publication of research and other works; and .
(v) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further objects of University as a place of education, learning and research.
5. Jurisdiction of the University.–(1) The University shall exercise the powers conferred on it by or under this Act, within the territorial limits of the Province of Balochistan and in respect of the Education Institutions lawfully functional within the Province of Balochistan imparting education of academic standards prescribed by the University:
Provided that Government may in consultation with the University, by general or special order, modify the extend and scope of the aforesaid powers of the University with regard to territorial limits of Educational institutions.
(2) No educational institutions situated within the territorial limits of the University shall, save with the consent of the University and the sanction of Government, be associated in any way with or seek admission to the privileges of any other University.
(3) The University may admit to its privileges under prescribed conditions, an educational institution falling within the territorial limits of another University, whether inside or outside Pakistan: Provided that the prior consent of such other University and the sanction of Government is obtained.
6. University open to all classes creeds etc.–The University shall be open to all persons of either sex and of whatever religion, race creed, class or colour and nationality and no person shall be’ denied the privileges of the University on the ground of religion race, creed, class or colour:
Provided that nothing in this section shall be deemed to prevent religious instruction being given to students in their own religious faiths in such manner as may be prescribed.
7. Teaching in the University.–(1) All recognized teaching in various courses shall be conducted by the University or the colleges in the prescribed manner and may include lectures, tutorials, discussions seminars, demonstrations as well as practical work in the laboratories, hospitals workshop and farms and other methods of instructions. ‘
(2) The authority responsible for organizing recognized teaching shall be such as may be prescribed.
(3) The courses and the curricula shall be such as may be prescribed.
(4) A discipline to be called Islamic Education and Pakistan Studies shall be offered as a compulsory subject at the Bachelor’s Degree levels at all Arts, Science professional and other Faculties provided that non-Muslim students may opt for Ethics and Pakistan Studies.
(5) A degree shall not be awarded to a student unless he has passed the examination in the discipline referred to in subsection (4).
8. University Student Association.–(1) There shall be an Association of the students of the University of Balochistan which shall be represented on the Senate by the Student Representatives of the University Association and the representative of the Association of the Affiliated colleges to be elected by the Presidents of Student Association of those colleges.
(2) The constitution, function and privileges of the University students association and the other matters, relating thereto shall be such as may prescribed by Senate after initiation by the general body of the students of the University.
CHAPTER NO III
OFFICERS OF THE UNIVERSITY
9. Officers of the University.–The following shall be the officer of the University:
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Deans;
(iv) the Directors;
(v) the Principals of the constituent colleges;
(vi) the Chairman of the Teaching Department;
(vii) the Registrar;
(viii) the Controller of Examination;
(ix) the Treasurer;
(x) the Librarian; and
(xi) such other officers as may be prescribed by the Regulations
10. Chancellor.–(1) The Governor of Balochistan shall be the Chancellor of the University.
(2) The Chancellor or his nominee shall preside at the convocation of the University and the meetings of the Senate.
(3) If the Chancellor is satisfied that the proceedings of any Authority are not in accordance with the provisions of this Act, the statutes, the Regulations, or the Rules, he may, after calling upon such Authority to show cause as to why such proceedings should not be annulled, by order in writing, annul the proceedings.
(4) Every proposal to confer an honorary degree shall be subject to confirmation by the Chancellor.
(5) The Chancellor shall have the power to assent to such Rules and Regulations as are required to be submitted to him by the Senate or with-hold ,assent or refer them back to the Senate for reconsideration.
(6) The Chancellor may remove any person from the membership of any Authority if such person:–
(i) has become of unsound mind; or
(ii) has been incapacitated to function as member of such Authority; or
(iii) has been convicted by a Court of law or an offense involving moral turpitude
(iv) has failed to attend three consecutive meetings of the authority; or
(v) has accepted any assignment which involves his absence from the University for a continuous period of six months or more:
Provided that no order under this subsection shall be passed unless the person to be affected thereby is afforded an opportunity of being heard.
(vi) the Chancellor may, of his own motion or otherwise, call for to examine the record of any proceedings in which an order has been passed by any Authority for the purpose of satisfying himself as to the correctness, legality or propriety of any finding or order and may pass such orders as he may deem fit:
Provided that no order under this subsection shall be passed unless the person to be affected thereby is afforded an opportunity of being heard.
(7) The Chancellor shall have the power to appoint the Dean of each Faculty on the recommendations of the Vice-Chancellor from amongst the Professors in the Faculty.
11. Visitation.–(1) The Chancellor may cause an inspection or inquiry to be made in respect of any matter connected with the affairs of the University, and shall, from time to time, appoint such person or persons as he may deem fit for the purposes of carrying out inspection or holding enquiry in respect of:–
(i) the University, its buildings, laboratories, libraries museums, workshops and equipment;
(ii) any institution, college or hostel maintained or recognized by, or affiliated to the University;
(iii) the teaching and other work conducted by the University; and
(iv) the conduct of examination held by the University.
(2) The Chancellor shall, in every such case as aforesaid, give notice to the Syndicate of his intention to cause an inspection or inquiry to be made under subsection (1) and the Syndicate shall be entitled to be represented thereat.
(3) The Chancellor shall communicate to the Syndicate his views with regard to the result of such inspection or inquiry and shall after ascertaining the views thereon of the Syndicate advise the Syndicate on the action to be taken.
(4) The Syndicate shall communicate to the Chancellor such action, if any, as has been taken or may be proposed to be taken upon ,the results of the inspection or inquiry. Such communication shall be submitted to the Chancellor within such time as may be specified by the Chancellor.
(5) Where the Syndicate does not, within a specified time take action to the satisfaction of the Chancellor, the Chancellor may, after considering any explanation furnished or representation made by the Syndicate issue such directions as he thinks fit, and the Vice-Chancellor shall comply with such direction as if the same was decision of the concerned authority.
12. Vice-Chancellor.–(1) The Vice-Chancellor shall be appointed by the Chancellor on such terms and conditions as the Chancellor may determine and shall hold office during the pleasure of the Chancellor for a term of four years or more which may be extended by the Chancellor from time to time.
(2)At any time when the office of the Vice-Chancellor is vacant, or the Vice-Chancellor is absent or is unable to perform the functions of his office due to illness or some other cause, the Chancellor shall make such arrangements for the performance of the duties of the Vice-Chancellor as be may deem fit.
13. Powers and duties of the Vice-Chancellor.–(1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall ensure that the provisions of this Act, the Statutes, the Regulations and the Rules are faithfully observed in order to promote teaching, research publication, administration, the general efficiency and good order of the University. He shall have all powers necessary for this purpose including administrative control over all officers, teachers and other employees of the University.
(2) The Vice-Chancellor shall, in the absence of the Chancellor, preside at the convocation of the University and the meetings of the Senate and shall if present, preside at the meetings of the Authorities of which he is the Chairman and be entitled to attend and preside at any meeting of any other Authority or body of the University.
(3) The Vice-Chancellor may, in an emergency which in his opinion requires immediate action, take such action as he may consider necessary and shall as soon thereafter as possible, report his action to the officer, authority or other body which in the ordinary course, would have dealt with matter.
(4) The Vice-Chancellor shall also have the powers:–
(i) to create and fill temporary posts. for a period not exceeding six months;
(ii) to sanction all expenditure provided for in the approval budget, and to re-appropriate funds within the same major head or expenditure;
(iii) to sanction by re-appropriation an amount not exceeding five thousand rupees for an unforeseen item not provided for in the budget, and report it to the Syndicate at the next meeting;
(iv) to appoint paper setters and examiners for all examinations of the University, after receiving panels of names from the relevant authorities;
(v) to make such arrangements for the scrutiny of papers, marks and results as he may consider necessary;
(vi) to direct teachers, officers and other employees of the University to take up such assignments in connection with teaching, research, examination, administration and such other activities in the University as he may consider necessary for the purpose of the University;
(vii) to delegate, subject to such conditions, if any as may be prescribed any of his powers under this Act to an officer or officers of the University.
(viii) to exercise and perform such other powers and functions as may be prescribed; and
(ix) to appoint employees in Basic Pay Scale 1 to 16.
14. Registrar.–The Registrar shall be a whole-time officer of the University and shall be appointed by the Syndicate on such terms and conditions as may be determined by it he shall:-
(a) be the custodian of the common seal and the academic records of the University;
(b) maintain a register of registered graduates in the prescribed manner;
(c) conduct elections of members to the various authorities in the prescribed manner; and
(d) perform such other duties as may be prescribed.
15. Treasurer.–The Treasurer shall be a whole-time officer of the University and shall be appointed by the Chancellor on such terms and conditions as the Chancellor may determine he shall:–
(a) serve as custodian of the University Fund Property and assets;
(b) manage the property, the finances arid the investment of the University;
(c) prepare the annual and revised budget estimates of the University and present them to the Finance and Planning Committee, the Syndicate and the Senate;
(d) ensure that the funds of the University are expended on the purposes for which they are provided; and
(e) perform such other duties as may be prescribed.
16. Controller of Examinations.–The Controller of Examinations shall be a whole time officer of the University and shall be appointed by the Syndicate on such terms and conditions as may be determined by it. He shall be responsible for all matters connected with the conduct of examinations and perform such other duties as may be prescribed.
17. Auditor.–(1) There shall be a Resident Auditor who shall be an officer in the service of Government whose services have been lent to the University.
(2) The duties of University Auditor shall include pre-audit of all bills and demands for payment submitted to the University.
18. Authorities.–The following shall be the Authorities of the University:—
(i) the Senate;
(ii) the Syndicate;
(iii) the Academic Council;
(iv) the Board of Faculties;
(v) the Board of Studies;
(vi) the Selection Board;
(vii) the Advanced Studies and Research Board;
(viii) the Finance and Planning Committee;
(ix) the Affiliation Committee;
(x) the Discipline Committee; and
(xi) such other Authorities as may be prescribed by Statutes
CHAPTER NO IV
AUTHORITIES OF THE UNIVERSITY
19 Senate.–(1) The Senate shall consist of:–
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Members of the Syndicate;
(iv) the Deans;
(v) the Directors of University institutes;
(vi) the Principals of the constituent Colleges;
(vii) the University Professors and Emeritus Professors
(viii) the Chairman of the Teaching Department;
(ix) the Officer or Teacher Incharge of Students Affairs;
(x) Three Principals of affiliated colleges to be elected by the Principals of all such colleges from amongst themselves;
(xi) Ten teachers of affiliated colleges having at least three years services in an affiliated college to be elected by the teachers of all such colleges from amongst themselves;
(xii) Chairman of the Board of Intermediate and Secondary Education located within the jurisdiction of the University;
(xiii) two representatives of the University Students’ Union;
(xiv) two representatives of the affiliated colleges students Unions to be elected by the Presidents of all the affiliated colleges students’ Union;
(xv) Fifteen University Teachers having at least three years service to be elected by all University Teachers;
(xvi) Five registered graduates to be elected by all such graduate from amongst themselves;
(xvii) three persons eminent in the Arts, Sciences and the Professors, one from each category;
(xviii) the Registrar;
(xix) the Treasurer;
(xx) the Controller of Examination;
(xxi) the Librarian;
(xxii) Members of the Provincial Assembly of Balochistan to be elected in the following manner; One member from each Division, to be elected by the member of the Provincial Assembly from that Division;
(xxiii) The Director of Education Colleges, within the territorial limits of the University; and
(xxiv) Three members to be nominated by the Academic Staff Association;
(2) The Chancellor or in his absence his nominee shall be the Chairman of the Senate.
(3) The Senate shall meet at least twice in every year. Provided that the members mentioned at clauses (xiii) and (xiv) of subsection (1) shall hold office during the term of their tenure.
(4) The Senate shall meet at least twice in every year on dates to be fixed by the Vice-Chancellor with the consent of the Chancellor.
(5) The quorum for a meeting of the Senate shall be one-third of the total number of members; a fraction being counted as one.
20. Powers and duties of Senate.–Subject to the provisions of this Act the Senate shall have the powers:–
(a) To consider the drafts Rules proposed by the Syndicate and deal with them in the manner indicate in subsection (2) of section 28;
(b) to consider and pass resolution on the annual report, the annual statement of accounts, and the annual and revised budget estimates;
(c) to appoint members to the Syndicate and other Authorities in accordance with the provisions of this Act;
(d) to delegate any of its powers to an Authority or officer or a Committee or sub-committee; and
(e) to perform such other functions as may be prescribed by Rules.
21. Syndicate.-(1) The Syndicate shall consist of:–
(i) The Vice-Chancellor who shall be its Chairman;
(ii) One member of the Provincial Assembly of Balochistan to be elected by the Members of the Assembly from amongst themselves;
(iii) The Chief Justice of the Balochistan High Court or a Judge of the said Court to be nominated by the Chief Justice;
(iv) One Dean to be appointed by the Chancellor on the recommendation of the Vice-Chancellor;
(v) One professor, one Associate professor, two Assistant professors and two Lecturers who have completed a minimum of two years service in the University to be elected jointly by all the Teachers of the university;
(vi) Two members to be nominated by the Academic Staff Association;
(vii) Two teachers of the affiliated colleges to be elected from amongst the teachers of affiliated colleges;
(viii) One Principal of the professional college to be nominated by the Chancellor;
(ix) Three persons of eminence including one female not serving any educational institution to be nominated by the Chancellor;
(x) Two nominees of the chancellor from among eminent educationalists;
(xi) Education Secretary; and
(xii) One Principal of the affiliated colleges to be. elected by the Principles of such colleges from amongst themselves.
22. Power 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 the Statutes, exercise general supervision over the affairs 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 and the Statutes, the Syndicate shall have the powers;
(a) To hold, control and administer the property and funds of the University;
(b) To govern and regulate, with the 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 think fit;
(c) To consider the annual report, the annual and revised budget estimates and to advise the Senate thereon, and to re-appropriate funds from one major head of expenditure to another;
(d) To transfer and accept transfer of movable or immovable property on behalf of the University;
(e) To enter into, vary, carry out and cancel contracts on behalf of the University;
(f) To cause proper books of accounts to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University;
(g) To 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 (11 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
(h) To revive and manage any property transferred and grants, bequests, trusts, gifts, donations endowments and other contributions made to the University;
(i) To administer any funds placed at the disposal of the University for specified purposes;
(j) To determine the form, provide for the custody and regulate the use of the common seal of the University;
(k) To provide the buildings libraries,. premises furniture, apparatus, equipment and other means required for carrying out the work of the University;
(1) To establish and maintain halls of resident and hostels or approval license hostels or lodgings for the residence of students;
(m) To affiliate and disaffiliate colleges;
(n) To admit educational institutions ‘to the privileges of the University and withdraw such privileges;
(o) To arrange for the inspection of colleges and the Teaching Departments;
(p) To institute Professorship, Associate Professorship, Assistant Professorships, Lecturership, and other teaching posts or to suspend or to abolish such posts;
(q) To create, suspend or abolish such administrative, research extension or other posts as may be necessary;
(r) To appoint University Teachers and other Officers on the recommendation of the Selection Board in the initial pay of above one thousand per mensem;
(s) To appoint Emeritus Professor on such terms and conditions as may be prescribed;
(t) To confer Honorary Degrees in accordance with the conditions prescribed;
(u) To prescribe the duties of Officers, Teachers and other employees of the University;
(v) To suspend, punish and remove from service officers (other than the Vice-Chancellor), Teachers and other employees in the manner prescribed;
(w) To report to the Senate on matters on which it has been asked to report;
(x) To appoint members to the various Authorities in accordance with the provisions of this Act;
(y) To propose drafts for Statutes for submission to the Senate;
(z) To consider and deal in the manner prescribed in subsection (2) of section 29, the Regulations made by the Academic Council, provided that the Syndicate may frame a regulation at its own initiative and approve it after calling for the advice of the Academic Council;
(aa) To regulate, determine and administer all other matters concerning the University and to this end exercise all other powers not specifically mentioned in this Act and the Statutes;
(bb) to delegate any of its powers to an Authority or Officer or a Committee or Sub-Committee; and
(cc) To perform such other functions as have been assigned to it by the other provisions of this Act or may be assigned to it by the Statutes.
23. Academic Council.–(1) The Academic Council shall consist of:–
(i) Vice-Chancellor who shall be its Chairman;
(ii) The Deans;
(iii) The Directors of University institutes;
(iv) The Principals of the constituent Colleges;
(v) The University Professors including Emeritus Professors;
(vi) The Chairman of the Teaching Departments;
(vii) Secretary to Government of Balochistan Education Department;
(viii) Three Associate Professors other than Chairman of the Teaching Department, to be elected by and from amongst the Teachers themselves;
(ix) Four Assistant Professor and six Lecturers who have completed a minimum of two years teaching at the University to be elected by and from amongst themselves;
(x) Four Principals of affiliated colleges to be elected by the Principals of all such colleges from amongst themselves, of whom at least one shall be from professional colleges and one from the women’s colleges;
(xi) Five Teachers of affiliated colleges having at least five years service in an affiliated college, other than the Principals, to be. elected by the Teachers of all such colleges from amongst themselves of whom at least one shall be from professional colleges and one from the women’s colleges;
(xii) Three persons eminent in the arts, the sciences and the professions, of whom one shall be from each category belonging to Balochistan to be nominated by the Chancellor;
(xiii) The Registrar;
(xiv) The Librarian;
(xv) The Controller of Examinations;
(xvi) Director of Education (Colleges); and
(xvii) Three members to be nominated by Academic Staff Association
(2) Members appointed by nomination or election shall hold office for three years.
(3) The quorum for a meeting of the Academic Council shall be on third of the total number of members.
24. Powers and duties of the Academic Council.–(l) The Academic Council shall be the academic body of the University and shall, subject to the provisions of this Act and the Statutes, have the power to lay down proper standards of instruction research and examinations and to regulate promote the academic life of the University and colleges.
(2) Without prejudice to the generality of the foregoing powers and subject to the provisions of this Act, and the Statutes, the Academic Council shall have the powers:–
(a) To advise the Syndicate on academic matters;
(b) To regulate the conduct of teaching research and examinations;
(c) To regulate the admission of students to the course of studies ‘and examination in the University;
(d) To regulate the conduct and discipline of the students of the University;
(e) To propose to the Syndicate schemes for the constitution and organization of Faculties, Teaching Department and Boards of Studies;
(t) To consider or formulate proposals for the planning and development of teaching and research in the University;
(g) To make Regulations, on the recommendations of the Board of Studies, prescribing the courses of studies, the Syllabi and outlines of texts for all the University examinations; ,
Provided that if the recommendations of the Board of a Faculty or a Board of Studies are not received by the prescribed date, the Academic Council may: subject to the approval of the Syndicate, continue for the next year the courses of studies already prescribed for an examination;
(h) To recognize the examinations of other Universities or examining bodies as equivalent to the corresponding examinations of the University;
(i) To regulate the award of- studentships, scholarships, exhibitions, medals and prizes;
(j) To frame Regulations for submission to the Syndicate;
(k) To appoint members to the various Authorities in accordance with the provisions of this Act; and
(1) To perform such other functions as may be prescribed by Statutes.
25. Constitution, Functions and Powers of other Authorities.—The constitution, functions and powers of other Authorities for which no specific provision has been made in this Act shall be such as may be prescribed by Rules.
26. Appointment of Committees by certain Authorities.–The Senate, the Syndicate, the Academic Council and other Authorities may, from time to time, appoint such standing, special or advisory Committees, as they may deem fit, and may place on such committees, person who are not members of the Authorities appointing the committees.
26. Appointment of Committees by certain Authorities.–The Senate, the Syndicate, the Academic Council and other Authorities may, from time to time, appoint such standing, special or advisory Committees, as they may deem fit, and may place on such committees, person who are not members of the Authorities appointing the committees.
CHAPTER NO. V
RULES AND REGULATIONS
27. Regulations.–(1) Subject to the provisions of this Act, Regulations may be made to regulate or prescribe all or any of the following:
(a) The constitution of pension, insurance, gratuity, provident fund and benevolent fund for University employees;
(b) The scales of pay and other terms and conditions of service of officer Teachers and other employees of the University;
(c) The maintenance of the register of registered graduates;
(d) Affiliation and disaffiliation of educational institutions and related matters;
(e) Admission of educational institutions to the privileges of the University and the withdrawal of such privileges;
(f) The conduct of elections for membership of the Authorities of the University and related matters;
(g) The establishment of Faculties, institutes, colleges and other Academic Divisions;
(h) The powers and duties of the officers and teachers;
(i) Conditions under which the University may enter into arrangements with other institutions or with public bodies for purposes of research and advisory services;
(j) Conditions for appointment of Emeritus Professors and award of honorary degrees;
(k) Efficiency and discipline of University Employees;
(1) The general scheme of studies including the duration of courses and the number of subjects and papers for an examination; and
(m) All other matters which by this Act, are to be, or may be prescribed, or regulated by Regulations.
(2) The draft of Regulations shall be proposed by the Syndicate to the Senate which may approve it, or pass it with such modifications as the Senate may think fit, or may refer it back to the Syndicate for reconsideration or may reject it:–
Provided that the Syndicate shall not propose draft of Regulation affecting the constitution or powers of any Authority of the University until such Authority has been given an opportunity or expressing opinion in writing upon the proposal:
Provided further that the draft of Regulations concerning any of the matters mentioned in clauses (a) and (b) of subsection (1), shall be forwarded to the Chancellor and shall not be effective until it has been approved by the Chancellor.
(3) The Syndicate or the Senate shall not have the powers to make any Regulations concerning efficiency and discipline of officers, teachers and other employees of the University and such Regulations may be made by the Chancellor.
28. Rules.–(1) Subject to the provisions of this Act, and the Statutes, Rules may be made for all or any of the following matters:
(a) The courses of study for degrees, diplomas and certificates of the University;
(b) the manner in which the recognized teaching referred to in subsection (1) of section 7 shall be organized and conducted;
(c) The admission of students to the University;
(d) The conditions under which students shall be admitted to the courses and the examination of the University and shall become eligible for the award of degrees, diplomas and certificates;
(e) The conduct of examinations;
(f) Fees and other charges to be paid by students for admission to the courses of study and the examinations of the University;
(g) The conduct and discipline of students of the University; students of the University or the colleges, including the levying of fees for residence in halls of residence and hostels: .
(i) The approval and licensing of hostels and lodgings;
(j) Conditions -under which a person should carry on independent research to entitle him to a, degree;
(k) The institution of fellowship, scholarship, exhibitions, medals and prizes;
(1) The institution of stipends and free and half-free studentships;
(m) The academic costume;
(n) The use of the library;
(o) The formation of Teaching Departments and Board of Studies; and
(p) All other matters which by this Act, and the Rules are to be or may be prescribed by Regulations.
(2) The Regulations shall be prepared by the Academic Council and shall be submitted to the Syndicate which may approve them or withhold approval or refer them back to the Academic Council for reconsideration. A Regulation prepared by the Academic Council shall not be valid, unless it receives the approval of the Syndicate.
29. Amendment and repeal of Rules Statutes and Regulations.—The procedure for adding to, amending or repealing the Rules and the Regulations shall be the same as that prescribed respectively for framing or making Rules and Regulations.
30. RULES (1) The Authorities and the other bodies of the University may make Rules consistent with this Act, Rules and the Regulations, to regulate the conduct of their business and the time and place of meeting and related matters:
Provided that the Syndicate may direct the amendment or the annulment of any Rules made by another Authority or body excepting the Senate, under the section;
Provided further that if such other Authority or body is dissatisfied with such direction it may appeal to the Senate whose decision in the matter shall be final.
(2) The Syndicate may make rules to regulate any matter relating to the affairs of the University which has not been specifically provided for by this Act, the Rules or Regulations.
AFFILIATION OF EDUCATIONAL INSTITUTIONS TO THE UNIVERSITY
31. Affiliations.–(1) An educational institution applying for affiliation to the University shall make an application to the University and shall satisfy it–
(a) That the educational institution is under the management of the Government or of a regularly constituted governing body;
(b) That the financial resources of the educational institution are sufficient to enable it to make due provisions for its continued maintenance arid efficient working;
and the terms and conditions of their services are adequate to make due provision for the courses of instruction, teaching or training to be undertaking by the educational institution;
(d) That the educational institution has framed proper rules regarding the efficiency and discipline of its staff and other employees;
(e) That the building in which the educational institution is to be located is suitable, and that provision-will be made, in conformity with the Rules and the Regulations for the residence of students, not residing with their parent or guardians, in the hostels, established and maintained by the educational institution or in hostels or lodging approved by it, and the supervision and general welfare of students;
(t) That provisions has been made for a Library and adequate library services;
‘(g) That where affiliation is sought in any branch of experimental sciences, due arrangements have been made for imparting instruction in that branch of science in a properly equipped laboratory, museum and other places of practical work;
(h) That due provision will, so far as circumstances may permit, be made for the residence of principal and members of the teaching staff in or near the college or the place provided for the residence of students; and
(i) That the affiliation of the educational institution, having regard to the provisions which may have been made for students by another educational institution in its neighbourhood, will not be injurious to the interest of education or discipline.
(2) The application shall further contain an undertaking that after the educational institution is affiliated any transference of and changes in the management and in the teaching staff, same in the case of Government Colleges, shall be forthwith reported to the University, and that the teaching staff shall possess such qualifications as are, or may be prescribed.
(3) The procedure to be followed in disposing of an application for the affiliation of an educational institution shall be such as may be prescribed.
(4) The Syndicate may, on the recommendation of the Affiliation Committee, grant or refuse affiliation to an educational institution;
Provided that affiliation shall not be refused, unless ‘the educational institution has been given an opportunity of making a representation against the proposed decision.
32. Addition to courses by Affiliated Educational Institution.–Where an educational institution desires to add to the courses of instruction in respect of which it is affiliated, the procedure prescribed under subsection (3) of section 31 shall, so far as may be followed.
33. Report from affiliated educational institution.–(1) Every educational institution affiliated to the University shall furnish such reports, returns and other information as the University may require to enable it to judge the efficiency of the educational institution-
(2) The University may call upon any educational institution affiliated to it to take, within a specified period. such action as may appear to the University to be necessary in respect of any of the matters referred to in subsection (1) of section 31.
34. Withdrawal of affiliation.-(1) If any educational institution affiliated to the University fails at any time to fulfil any of the requirements mentioned in this Act, or if an institution has failed to observe any of the conditions of its affiliation, or its affairs are conducted in a manner which is prejudicial to the interest of education, the Syndicate may on the recommendation of the Affiliation Committee, and after considering representation as the educational institution may wish to make, withdraw either in whole or in part, the rights conferred on the educational institution by affiliation or modify such rights.
(2) The procedure to be followed for the withdrawal of affiliation shall be such as may be prescribed.
35. Appeal against refusal or withdrawal of affiliation.– An appeal shall lie to the Senate against the decision of the Syndicate, refusing to affiliate an institution, or with-drawing in whole or in part the rights conferred on an institution by affiliation or modifying such rights;
Provided that no order under this section shall be passed without affording an opportunity of being heard to the institution to be affected thereby.
36. University Fund.– The University shall have a fund to which shall be credited its income from fees, donations, trusts bequests, endowments, contributions, grants and all other sources.
37. Recovery of University dues.– All sums and amount lawfully recoverable the University shall be treated as revenue arrears. The University or any person generally or specially authorized by it may send a requisition to the collector for the recovery of any sum due to the University under any bond or otherwise lawfully recoverable and the collector shall thereupon proceed to recover the same as if the same were areas of land revenue and on recovery credit the amount of University.
38. (1) Audits and Accounts.– The Accounts of the University shall be maintained in such form and in such manner as may be prescribed.
(2) No expenditure shall be made from the funds of the University unless:
(a) The expenditure is included in the approved budgets of the University; and
(b) A bill for its payment has been audited by the Resident Auditor in conformity with the Rules and Regulations.
(3) The annual statement of the accounts of the University signed by the Treasurer and the Resident Auditor, shall be submitted to Government within six months of the financial year.
(4) The accounts of the University shall be audited once a year in conformity with the Rules and regulations by the Auditor appointed by the Government for this purpose.
(5) The observations of Government Auditor, together with such annotations as the Treasurer may make, shall be presented to the Syndicate.
39. (1) Employees of the University and their retirement.– All employees of the University including employees appointed on contract basis and/or on fixed tenure posts shall be deemed to be provincial public servants as defined by section 21 of Pakistan Penal Code:
Provided that the sanction of their prosecution shall be granted by the respective complete authority in the University and not be any other authority in the University and not be any other authority prescribed by Federal or Provincial Government.
(2) An Officer, teacher or other employee of the University shall retire from service:
(i) On such date after he has completed 25 years of service qualifying for pension or other retirement benefits as the competent authority may, in the public interest direct, or
(ii) Where on direction is given under clause (i) on the completion of the sixty years of his age. ,
Explanation.–In this section “Competent Authority or a person duly authorized by the appointing authority in that behalf, not being a person lower in rank to the officer., teacher or other concerned employee’
CHAPTER NO. VII
40. Opportunity of show cause.– Except as otherwise provided no officer teacher or other employee of the University holding a permanent post shall be reduced in rank, or removed or compulsorily retired from service unless he has been given reasonable opportunity of showing cause against the action proposed to be taken.
41. Appeal to and review by the syndicate.- Where an order is passed punishing any Officer, (other than the Vice Chancellor), Teacher or other employee of the University or altering or interpreting to his disadvantage the prescribed terms or conditions of his service, he shall, where the order is passed by the Vice Chancellor or-any other Officer or teacher of the University, have the right to appeal to the Syndicate against the order and where the order is made by the Syndicate, have the right to apply to that authority for review shall be submitted to the Vice-Chancellor and he shall lay it before the Syndicate with his views:
Provided that no order under this section shall be passed unless an opportunity of being heard is afforded to the person to be affected thereby.
42. (1) Pension, Insurance, Gratuity, Provident Funds and Benevolent Fund.-The University shall constitute for the benefit of its Officer, Teachers and other employees in such manner and subject to such conditions as may be prescribed, such pension, insurance, gratuity, provident fund and benevolent fund scheme as it may deem fit.
(2) Where any provident fund has been constituted under this act, the provisions of the Provident Fund Act, 1925 (Act XIX of 1925) shall apply to such fund as if it were the Government Provident Fund.
43. (1) Transfer of University Teacher and other Employees.– Not withstanding anything to the contrary contained in any agreement or contract or in any other law for the time being enforce, but subject to the provision of the Act, an officer, teacher or other employee shall, if the Chancellor so directs in the public interest, serve for such period and may be fixed or extended from time to time by the Chancellor in any part in Government Department or an Educational or Research Institution set up, or established by the Government or by a University in the Province of Balochistan and no terms and conditions not less favourable than those admissible to him in the University and with full benefits of this previous service:
Provided that in the case of a teacher such a direction shall not be made without consulting the Syndicate.
(2) The Chancellor may fill any post in the University by a appointing a person in the service of the Government or an officer, teacher or other employee of any other University or Education or Research Institution set up or established by the Government or by the University in the Province of Balochistan:
Provided that in the case of teaching post in the University, the appointment shall not be made without consulting the selection Board of the University.
44. Commencement of term of office of member of Authority.– (1) When a member of a newly constituted Authority is elected, appointed or nominated, his term of office, as fixed under this Act, shall commence from such date as may be prescribed.
(2) Nothing in subsection (1) shall affect the provision of section 45.
45. Filling of casual vacancies in Authorities.–Any casual vacancy among the elected, appointed or nominated members of any Authority shall be filled as soon as conveniently may be by the person or persons or the body who elected, appointed or nominated that member whose place has become vacant and the person elected, appointed or nominated to the vacancy shall be a member of such Authority for the residue of the term for which the person whose place he fills would have been a member..
46. Members of an Authority to cease to be Member.–(1) An elected, appointed and nominated member of any authority shall cease to be member if he:—
(a) Absents himself, without the leave of such authority, from three consecutive meetings thereof; and
(b) Accepts any assignment which involves – his absence from the University for a period of six months or more.
47. Voids in Constitution Authorities.–Where there is a void in the constitution of an Authority, as constituted by this Act, because of the abolition of a specified office under Government or because an organization, institution or other body outside the University has been dissolved or has ceased to function, or because of some other similar reason, the void shall be filled in such manner as the Chancellor may direct.
48. Disputes about membership of Authority.–If a question arises whether any person is entitled to be a member of any Authority, the matter shall be referred to a committee consisting of the Vice Chancellor and the judge of the Balochistan High Court and the Deans who are members of the Syndicate and the decision of the committee shall be final and binding.
49. Proceedings of Authorities not invalidated by vacancies.–No act, resolution or decision of any Authority shall be invalid by reasons of any vacancy on the Authority doing, passing, or making it or by reason of any want to qualification or invalidity in the election, appointment or nomination of any defector member of the Authority, whether present or absent.
50. Repeal and saving.–(1) The University of Balochistan Ordinance, 1970, (1 of 1970), hereinafter referred to as the said Ordinance, is hereby repealed.
(2) Notwithstanding the repeal of the said Ordinance:—
(a) Every thing done, action taken, obligation or liabilities incurred, right and assets acquired, person appointed or authorized, jurisdiction or powers conferred, endowments, bequests, funds or trusts created donations or grants made, scholarships, studentships, or exhibitions instituted, affiliations or privileges granted and orders issued under any of the provision of the said Ordinance or the Statutes, the University Ordinance, the Regulations and the Rules made or deemed to have been made thereunder, shall if not inconsistent with the provisions of this Act or the Statutes, the Regulations or the Rules made under this Act, be continued and, so far as may be, be deemed to have been respectively done, taken incurred, acquired, appointed authorized conferred created, made, instituted, granted and issued under this Act, and any documents referring to any of the provisions of the said Ordinance, the Regulations and the Rules first referred to, shall, so far as may, be, be considered to refer to the responding provisions o this Act or the Statutes, the Regulation and the Rules made under this Act;
(b) Any Statutes, University Ordinance, Regulations or Rules made or deemed to have been made under the said Ordinance, shall, if not inconsistent with the provisions of this Act, be deemed to be regulated or prescribed by Rules or Regulations respectively continue to be in force, until they are repealed, rescinded or modified in accordance with the provisions of this Act.
51. Transitory provisions.–(1) The Syndicate. as constituted immediately before the commencement of this Act, shall continue to function and shall, as for as may be exercised the powers assigned to the Senate and the Syndicate under this Act until the first Syndicate is constituted under this Act.
Provided that till such time as the first Senate is constituted under this act and is able to meet, the first Syndicate shall be deemed to be fully constituted under this Act without the members to be nominated by the Senate and shall, in addition to the powers assigned to the Syndicate under this Act, exercise the powers assigned to the Senate.
(2) The other Authorities, as constituted under the Ordinance in force immediately before the commencement of this Act, shall continue to function and shall, as for as may be, exercise the powers respectively assigned to the corresponding authorities by or under this Act, until such time they are respectively replaced by the Authorities constituted under this Act.
52. Removal of difficulties at the commencement of the Act.– If any difficulty arises as to the first constitution or reconstitution of any Authority upon the coming into force of this Act, or otherwise in the first implementation of the provisions of this Act, the Chancellor tray, on the recommendation of the Vice Chancellor, give appropriate directions to remove such difficulty