ORDINANCE XXVII OF 1961
28th September 1961
An Ordinance to establish an Agricultural University in West Pakistan
No. Leg. 3 (26)/61.-The following Ordinance by the Governor of West Pakistan is hereby published for general information :-
Preamble.-Whereas It is expedient to establish an Agricultural University in West Pakistan ;
Now, therefore, In pursuance of the Presidential Proclamation of the seventh day of October 1958, and in exercise of all powers enabling him In that behalf, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance :-
1. Short title and commencement.-(1) This Ordinance may be called the West Pakistan Agricultural University Ordinance, 1961.
(2) It shall come into force at once.
2. Definitions.-In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say-
(a) “Academic Council” means the Academic Council of the University ;
(b) “Authority” means any of the Authorities of the University specified in section 13 ;
(c) “College” means a College maintained or recognized by or affiliated to the University ;
(d) “Dean”, means the Head of a Faculty ;
(e) “educational institution” means an institution imparting instruction in a subject relating to a Faculty ;
(f) “Faculty” means a Faculty of the University ;
(g) “Government” means the Government of West Pakistan ;
(h) “prescribed” means prescribed by Statutes, University Ordinances, Regulations or Rules;
(i) “Statutes”, “University Ordinances”, “Regulations” and “Rules”, means respectively the Statutes, University Ordinances, Regulations and Rules made under this -Ordinance and for the time being in force ;
(j) “Syndicate” means the Syndicate of the University ;
(k) “Teacher” means a Professor, Reader, Lecturer or any other person Imparting instruction in any Faculty or Teaching Department of the University and recognised as such by the University ;
(1) “Teaching Department” means a Teaching Department established and maintained by the University ; and
(m) “University” means the West Pakistan Agricultural University as established under this Ordinance.
3. Incorporation.-(1) As soon as may be there shall be established an Agricultural University at Lyallpur in accordance with the provisions of this Ordinance.
(2) The University shall consist of the Chancellor, the Vice-Chancellor and members of the Syndicate and the Academic Council, who shall be called Fellows of the University.
(3) The University shall be a body corporate by the name of the West Pakistan Agricultural University and shall have perpetual succession and a 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, to lease, sell or otherwise transfer any movable or immovable property which may have become vested in, or been acquired by it, to contract and to do all other things necessary for the purposes of this Ordinance.
4. Powers of the University.-The University shall have the powers-
(a) to provide for instruction in agriculture, the basic sciences, humanities, social studies and such other branches of learning as the Universities may think fit, and to make provisions for research and for the advancement and dissemination of knowledge in these subjects ;
(b) to hold examinations and confer degrees, diplomas, certificates, titles and marks of honour on persons who-
(i) have pursued a course of study in the University and have passed the examinations of the University under prescribed conditions; or
(ii) are admitted under prescribed conditions to the examinations of the University and have passed the examinations;
(c) to confer degrees on persons who have carried on independent research, under prescribed conditions ;
(d) to confer honorary degrees or other academic distinctions on approved persons in the prescribed manner;
(e) to co-operate with other Universities and authorities in such manner and for such purposes as the University may determine ;
(f) to institute Professorships, Readerships, Lecturerships and any other teaching or administrative posts required by the University and to appoint persons to such posts ;
(g) to recognize persons as Teachers ;
(h) to institute and award Fellowships, Scholarships, Exhibitions, Bursaries, Medals and other awards in accordance with the prescribed conditions ;
(i) to establish Teaching Departments, Colleges, Faculties, Institutes and Falls and to make such arrangements for their maintenance, management and administration as it may determine ;
(j) to demand and receive payment of such fees and other charges as may be prescribed ;
(k) to supervise and control the residence and discipline of students of the University and Colleges and to make arrangements for promoting their health and general welfare ;
(1) to receive grants, bequests, trusts, gifts, donations, endowments and other contributions, made to the University for specific purposes ; and
(m) to do such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University as an examining, teaching and research body especially regarding dissemination and advancement of knowledge relating to the agricultural and allied sciences.
5. Jurisdiction of the University.-(1) Subject to the provisions of this section the University shall exercise the powers conferred on it by or under this Ordinance within the limits of the campus of the University and its sub-stations and in respect of the institutions situated therein
Provided that Government may, by general or special order, modify the extent and scope of the aforesaid powers of the University with regard to such territorial limits or institutions.
(2) As and when the University is established and the provisions of this Ordinance are made applicable to any territorial limits or institutions, the provisions of any law corresponding thereto for toe time being in force and applicable to those limits or institutions shall cease to apply and shall be deemed to have been repealed and re-enacted by the provisions of this Ordinance.
(3) No educational institution 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 any privileges of any other university established by law.
(4) Any educational institution situated anywhere in West Pakistan outside the territorial limits of the University may, with the sanction of Government, apply to the University for being admitted to the privileges of the University, and such institutions may, subject to such conditions and restrictions as the University and Government think fit to impose, be admitted to the privileges of the University.
6. University open to all classes and creeds.-No person shall be excluded from membership of any of the Authorities or from admission to any degree or course of study on the sole ground of sex, race, creed or class, and It shall not be lawful for the University to adopt or impose on any person any test whatsoever relating to religious belief or profession in order to entitle him to be admitted thereto as a Teacher or student, or to hold any office therein or to graduate thereat, or to enjoy or exercise any privileges thereof, except where in respect of any particular benefaction accepted by the University, such test is made a condition thereof.
OFFICERS of THE UNIVERSITY
7. Officers of the University.-The following shall be the officers of the University :-
(i) the Chancellor ;
(ii) the Vice-Chancellor ;
(iii) the Registrar ;
(iv) the Treasurer;
(v) the Controller of Examinations; and
(vi) such other persons as may be declared by the Statutes to be officers of the University.
8. The Chancellor.-(1) The Governor of West Pakistan shall be the Chancellor of the University.
(2) The Chancellor shall, when present, preside at the Convocation of the University.
(3) The Chancellor may remove any person from the membership of any Authority, if such person-
(i) is of unsound mind ;
(ii) has been incapacitated to function as member of such Authority ; or
(iii) has been convicted by a Court of law of an offence involving moral turpitude.
(4) The Chancellor may withdraw the degree or diploma conferred on or granted to any person by the University if such person has been convicted by a Court of law of an offence involving moral turpitude.
9. Powers of the Chancellor.-(1) The Chancellor shall have the right to cause-
(a) an inspection to be made of-
(i) the University, its buildings, laboratories, libraries, museums, workshops and equipment;
(ii) any Institution 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 examinations held by the University ;
(b) an enquiry to be made in respect of any matter connected with the University, and for these purposes may appoint such person or persons as he may deem fit. The Chancellor shall in every such case give notice to the Syndicate of his intention to cause an inspection or enquiry to be made, and the Syndicate shall be entitled to be represented thereat.
(2) The Chancellor shall communicate to the Syndicate his views with regard to the results of such inspection or enquiry and shall, after ascertaining thereon the views of the Syndicate, advise the Syndicate on the action to be taken.
(3) 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 enquiry. Such communication shall be submitted to the Chancellor within such time as the Chancellor may direct.
(4) Where the Syndicate does not, within a reasonable 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 directions.
(5) Without prejudice to the foregoing provisions of this section, the Chancellor may, by order to writing annul any proceeding of any of the Authorities, If such proceeding is, in his opinion, not in conformity with this Ordinance, the Statutes or the University Ordinances
Provided that before making any such order he shall, through the Vice-Chancellor, call upon the said Authority to show cause why such an order should not be made.
(6) The Chancellor shall have the power to approve the University Ordinances submitted by the Syndicate or withhold approval or refer them
back to the Syndicate for re-consideration.
(7) Every proposal for the conferment of any honorary degree shall be subject to the confirmation of the Chancellor.
10. The Vice-Chancellor.-(I) The Vice-Chancellor shall be appointed by the Chancellor on such terms and conditions as the Chancellor may determine.
(2) The Vice-Chancellor shall hold office for four years from the date of the notification of his appointment and on the expiration of his term of office shall be eligible for re-appointment.
(3) When the office of the Vice-Chancellor is vacant temporarily by reason of leave, illness or other cause, the Chancellor shall make such arrangements for carrying on the duties of the office of Vice-Chancellor as he may think fit.
11. Powers of the Vice-Chancellor.-(1) The Vice-Chancellor shall be the principal executive and academic officer of the University, and shall, if present, preside at the meetings of the Syndicate, Academic Council, Selection Board, Committee for Advanced Studies and Research, and Planning and Development Committee, In the absence of the Vice-Chancellor, a member of the Authority concerned, chosen by a majority of the members present from among themselves, will preside. In the absence of the Chancellor, the Vice-Chancellor shall preside at the Convocation of the University. He shall be entitled to attend and preside at any meeting of an Authority or other body or Committee of the University.
(2) The Vice-Chancellor shall ensure that this Ordinance, the Statutes, University Ordinances, Regulations and Rules are faithfully observed and carried out, and he shall exercise all powers necessary for this purpose.
(3) In an emergency arising out of the business of the University and requiring, in the opinion of the Vice-Chancellor, immediate action, the Vice-Chancellor may take such action as he may deem necessary, and shall report the action so taken to the Authority concerned as early as possible.
(4) The Vice-Chancellor shall—
(i) have the power to appoint, punish, or dismiss such employees of the University as may be specified in the Statutes and University Ordinance in that behalf ;
(ii) have the power to create and fill temporary posts for a period not exceeding six months ; and
(iii) exercise such other powers as may be prescribed.
(5) The Vice-Chancellor may, subject to such conditions as may be prescribed, delegate any of his powers to such officers and employees of the University as he may determine.
12. Other officers.-Subject to the provisions of this Ordinance, the powers and duties of other officers of the University shall be such as may be prescribed.
AUTHORITIES OF THE UNIVERSITY
13. Authorities.-The following shall be the Authorities of the University
(i) the Syndicate ;
(ii) the Academic Council ;
(iii) the Faculties ;
(iv) the Boards of Studies ;
(v) the Selection Board ;
(vi) the Committee for Advanced Studies and Research ;
(vii) the Finance Committee;
(viii) the Planning and Development Committee ; and
(ix) such other Authorities as may be declared by the Statutes to be Authorities of the University.
14. Syndicate.-The Syndicate shall consist of the following members, namely :-
(i) the Vice-Chancellor (Chairman) ;
(ii) the Education Secretary to the Government of West Pakistan ;
(iii) two Deans to be nominated by the Chancellor ; and
(iv) seven persons to be nominated by the Chancellor.
15. Powers and duties of the Syndicate.-(1) Subject to the other provisions of this Ordinance, the Syndicate shall have the general management of, and superintendence over, the affairs, concerns, funds and property of the University, and shall exercise that superintendence in accordance with the provisions of this Ordinance, the Statutes and University Ordinances.
(2) Without prejudice to the generality of the foregoing powers the Syndicate-
(a) shall determine the form, provide for the custody and regulate the use of the common seal of the University ;
(b) shall hold, control and administer the property and funds of the University, and make contracts on behalf of the University ;
(c) shall have the power, subject to the Statutes, to transfer and accept transfer of any movable or immovable property on behalf of the University ;
(d) shall manage and regulate the finances, accounts and investments of the University ;
(e) may invest any moneys belonging to the University, including any unapplied income in any of the securities specified fn section 20 of the Trusts Act, 1882, or purchase immovable property in Pakistan with the like power of varying such investments, or place 1n fixed deposits in any approved Bank any portion of such moneys not required for immediate expenditure ;
(f) shall administer any funds placed at the disposal of the University for specific purposes ;
(g) shall consider and pass the budget of the University ;
(h) shall admit Colleges to the privileges of the University, subject to the provisions of this Ordinance and under such conditions as may be prescribed by Statutes ;
(i) shall arrange for and direct the inspection of Colleges and Teaching Departments ;
(j) may institute such teaching or administrative posts as it may consider necessary ;
(k) may abolish or suspend any existing teaching or administrative post in the University ;
(1) shall, subject to the other provisions of this Ordinance, the Statutes and University Ordinances, appoint-
(i) the officers. other than Teachers, on the recommendation of the Vice-Chancellor ;
(ii) Teachers on the recommendation of the Selection Board ; and shall determine their duties and conditions of appointment ;
(m) shall prepare the Statutes for submission to Government for approval ;
(n) shall frame University Ordinances for submission to the Chancellor for approval;
(o) shall pass Regulations ;
(p) may confer and grant degrees and diplomas ;
(q) shall, subject to the other provisions of this Ordinance, regulate, determine and administer all matters concerning the University, and to this end shall exercise all other powers not otherwise provided for by this Ordinance, or the Statutes or the University Ordinances ; and
(r) may delegate any of its powers to an officer or Authority or to a Committee or Sub-Committee appointed for a specific purpose.
16. Term of office of members of the Syndicate.-The term of office of the nominated members and the quorum for meetings of the Syndicate shall be prescribed by Statutes.
17. Academic Council.-The Academic Council shall consist of the following :-
(i) the Vice-Chancellor (Chairman) ;
(ii) the Deans of Faculties;
(iii) the Heads of Teaching Departments;
(iv) the Professors and Readers of the University ; and
(v) five persons to be nominated by the Chancellor.
18. Powers and duties of the Academic Council.-Subject to the other provisions of this Ordinance and the Statutes, the Academic Council shall
(a) to advise the Syndicate on all academic matters ;
(b) to make Regulations for the proper conduct of teaching, research and examination, and for promoting academic life in the University and the Colleges ;
(c) to lay down conditions under which students may be given admission to the courses and examinations of the University ;
(d) to propose to the Syndicate schemes for the consideration of Teaching Departments and Boards of Studies ;
(e) to deal with teaching and to make proposals for the planning and development of teaching and research in the University ;
(f) to prescribe, subject to the approval of the Syndicate and upon the recommendations of the Boards of Studies and Faculties, the courses of studies, the syllabuses and the outlines of texts for all the examinations;
Provided that if the recommendations of a Board of Studies or Faculty are not available to the Academic Council in the beginning of April in any year, it may, subject to the approval of the Syndicate, continue for the next year the courses of studies already prescribed for an examination;
(g) to recognise the examinations of other Universities or Boards as equivalent to the corresponding examinations of the University ; and
(h) to make regulations for the award of studentships, scholarships, exhibitions, medals and other prizes.
19. Term of office of members of the Academic Council.-The term of office of the nominated members and the quorum for the meetings of the Academic Council shall be prescribed by Statutes.
20. Constitution, powers and duties of the Authorities.-Subject to the provisions of this Ordinance, the constitution, powers and duties of the Faculties, Boards of Studies, Selection Board, Committee for Advanced Studies and Research, Finance Committee, Planning and Development Committee and other Authorities shall be such as may be prescribed by Statutes.
21. Statutes.-Subject to the provisions of this Ordinance, the Statutes may provide for all or any of the following matters, namely :-
(a) constitution, powers and duties of the Authorities ;
(b) the constitution of pension and Provident Fund for the benefit of the employees of the University ;
(c) the duration of courses ;
(d) the medium of instruction and examination ; and
(e) all matters which by this Ordinance are to be or may be prescribed by Statutes.
22. Framing of Statutes.-(1) On the commencement of this Ordinance, the Statutes set out in the Schedule and such other Statutes as may be added to the Schedule by Government within six months of such commencement, shall be the Statutes of the University.
(2) Where any Statute has been passed by the Syndicate, It shall be submitted to Government who may approve it , or withhold approval, or refer the Statute back to the Syndicate for reconsideration. The Statute passed by the Syndicate shall not be valid until it has received the approval of Government.
23. University Ordinances.-Subject to the other provisions of this Ordinance and the Statutes, the University Ordinances may provide for all or any of the following matters :-
(a) powers and duties of the officers and Teachers of the University ;
(b) management of the institutions run by the University ;
(c) conditions of service of employees of the University ;
(d) mode of appointment of officers and teachers of the University ;
(e) scales of pay of employees of the University ;
(f) fees to be charged by the University ;
(g) creation of posts and abolition of posts ;
(h) establishment of Teaching Departments and Colleges ; and
(i) all other matters which under the Statutes are required to be provided for by the University Ordinances.
24. Framing of University Ordinances.-(1) The Syndicate may frame any University Ordinance on a subject mentioned in section 23 Provide) that University Ordinances on matters mentioned in clauses (f ), (g), (h) and (i) of that section shall first be referred to the Academic Council for expression of opinion.
(2) Where a University Ordinance has been passed by the Syndicate, it shall be submitted to the Chancellor who may approve it, or withhold approval, or refer the University Ordinance back to the Syndicate for reconsideration. The University Ordinance passed by the Syndicate shall not be valid until it has received the approval of the Chancellor.
STATUTES AND UNIVERSITY ORDINANCES
25. Regulations.-Subject to the other provisions of this Ordinance, the Statutes and the University Ordinances, the Regulations may provide for all or any of the following matters :-
(a) registration and admission of students in the University ;
(b) equivalence of examinations conducted by other universities and Institutions ;
(c) conditions of residence of students ;
(d) framing of detailed syllabuses for the examinations held by the University ;
(e) conditions of admission to Colleges and Teaching Departments;
(f) conditions of admission to the examinations held by the University and to the degrees, diplomas and certificates conferred by the University ;
(g) conduct of examinations ;
(h) institutions of studentships, scholarships, medals and prizes ; and
(i) all matters which by this Ordinance, Statutes or University Ordinances are required to be provided for by Regulations.
26. Framing of Regulations.-(1) The Academic Council may frame Regulations on all or any of the subjects mentioned in section 25.
(2) Where a regulation has been passed by the Academic Council, it shall be submitted to the Syndicate which may approve it, or withhold approval, or refer the Regulation back to the Academic Council for reconsideration. The Regulation pasted by the Academic Council shall not be valid until ft has received the approval of the Syndicate.
27. Rules.-(1) The Authority and other bodies of the University may make Rules consistent with this Ordinance, the Statutes. University Ordinances and Regulations-
(a) laying down the procedure to be followed at their meetings;
(b) providing for all matters which by this Ordinance, the Statutes. University Ordinances or Regulations are to he provided for by Rules ; and
(c) providing for all matters solely concerning such Authorities or bodies and not provided for by this Ordinance, the Statutes, University Ordinances or Regulations.
(2) Every Authority shall make Rules providing for-
(a) giving of notice to the members of such Authority of the date-s of the meetings; and of the business to be transacted at the meetings ; and
(b) the keeping of a record of the proceedings of the meetings.
(3) The Syndicate may direct the amendment, in such manner as it may specify, of any Rule made under this section or the annulment of any Rules made under subsection (1).
28. University Fund.-(I) The University shall have a fund to which shall be credited-
(a) its income from fees. donations, trusts, bequests, endowments, grants and all other sources
(b) any contribution or grants by any Government.
29. Accounts and Audit.-(a) The accounts of the University shall be maintained in such form and in such manner as may be prescribed by a University Ordinance.
(2) The Statement of the accounts of the University shall be submitted to Government once a year.
(3) The accounts of the University shall be audited in such manner as may be prescribed by the Statutes.
30. Interpretation in case of doubts.-If any question wises regarding the interpretation of any provision of this Ordinance or of any Statute, University Ordinance or Regulation or as to whether any person bas, peen duly nominated as, or is entitled to be, a member of any Authority or other body of the University, the mattes shall be referred to the Chancellor, whose decision thereon shall be final.
31. Filling of casual vacancies.-All casual vacancies among the members (other than ex-officio member) of any Authority or other body of the University, shall be filled, as soon as, conveniently, .may be, by the person or body who appointed or nominated the member whose place has become vacant, and the person appointed or nominated to a casual vacancy shall be a member of such Authority or body for the residue of the term for which the person whose place he fills would have been a member.
32. Proceedings not invalidated by vacancy.-No act or proceeding of any Authority or other trod;; of the University, shall be invalid merely on the ground of the existence of any vacancy In, or any defect in the constitution of, such Authority or body.
33. Pension and Provident Fund.-The University shall constitute for the benefit of its officers, Teachers and other employees, such pension and;
Provident Fund, in such manner and subject to such conditions as may be prescribed.
34. Protection of acts and orders.-No order made under this Ordinance or under any Statute, University Ordinance, Regulation or Rule made thereunder shall be called in question in any Court, and no suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or Intended to be done under this Ordinance or any Statute, University Ordinance, Regulation or Rule made thereunder.
35. Members of Authorities and employees to be public servants.-The Members of the Authorities, employees of the University and other persons appointed for carrying out the purposes of this Ordinance, shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code.
36. Prohibition to seek elections, etc.-The employees of the University shall neither seek nor contest election to any legislature or local body.
37. Appointment of the first Vice-Chancellor.-Notwithstanding anything contained in section 10, the Chancellor may appoint such person as he deems fit to be the first Vice-Chancellor for a period of less than four years on such term
38. Appointment of first Registrar, etc.-Notwithstanding anything contained in the Statutes, the Chancellor may appoint the first Treasurer, the first Registrar, the first Controller of Examinations, or any other officers prescribed as such by this Ordinance or by the Statutes for a period not exceeding one year, on such terms and conditions as the Chancellor may determine.
39. Savings.-Until provision is made under this Ordinance, the University Ordinances and Regulations made or deemed to have been made under the West Pakistan (University of the Punjab) Ordinance, 1961, and In force at the commencement of this Ordinance, shall, so far as consistent with this Ordinance and so far as applicable, have effect as if they were made under this Ordinance as Statutes, University Ordinances, or Regulations by the appropriate authority.
40. Removal by the Chancellor of difficulties at the commencement of the Ordinance.-The Chancellor may, for the purpose of removing any difficulties in first giving effect to the provisions of this Ordinance, particularly in relation to the first constitution or re-constitution of any Authority, by order, direct that such action be taken as he may deem to be necessary or expedient.