A

BILL

 

 

 

            to provide for the establishment of a University of Medical and Health Sciences at Quetta and for the matters connected therewith or ancillary thereto.

 

Preamble.

            WHEREAS, it is in the interest of the Province to bring the entire Medical, Nursing and Paramedical Education under one roof for better coordination and uniform evaluation;   

            AND WHEREAS, it is imperative to achieve excellence in the advancement of the knowledge in the fields of Medical, Nursing, Paramedical and Health Sciences, and establish teaching institutions in these field;

            AND WHEREAS to achieve these goals it is expedient to establish a University of Medical and Health Sciences with its main campus at Quetta, to be known as Bolan University of Medical and Health Sciences, for the purposes hereinafter appearing;

 

            It is hereby enacted as follows: —

 

 
CHAPTER-I

PRELIMINARY

 

Short title and commencement.

1.         (1) This Bill may be called the Bolan University of Medical and Health Sciences Act, 2009.

            (2)       It shall come into force on such date or dates as the Government may by notification in the official Gazette, appoint.

 

Definitions.

2.         In this Act, unless there is anything repugnant in the subject or context, –

(a)           “Act” means the Bolan University of Medical and Health Sciences Act, 2009.

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

(c)          “Affiliated College” means an educational institution affiliated to the University but not maintained or administered by it;

(d)          “Authority” means any Authorities of the University specified or set up in terms of section 19;

(e)          “Chancellor” means the Chancellor of the University;

(f)           “College” means a constituent college or an affiliated college;

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

(h)          “Constituent College” means an educational institution, by whatever name described, maintained and administered by the University;

(i)            “Dean” means the head of a Faculty or the head of an academic body granted the status of a Faculty by this Act or by the Statutes or Regulations;

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

(k)          “Director” means the head of an institute established as constituent institution by the University by Statutes or Regulations in terms of the powers delegated by this Act;

(l)            “Employees” means a person born on the pay roll of the University but shall not include:

                                                                     i.      a person holding purely fixed tenure post;

                                                                  ii.      a person appointed by the University on contract basis; and

                                                                iii.      a person on deputation with the University.

 

(m)         “Faculty” means an administrative and academic unit of the University consisting of one or more departments, as prescribed;

(n)          “Government” means the Government of Balochistan;

(o)          “Prescribed” means prescribed by statutes, regulations or rules made under this Act;

(p)          “Principal” means the head of a college;

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

(r)           “Province” means the Province of Balochistan,

(s)            “Selection Committees” means the Selection Committees constituted under section 27 of the Act;

(t)            “Review Panel” means the Review Panel set up by the Chancellor in accordance with the section 11 (5) (a) of the Act;

(u)          “Search Committee” means the Search Committee set up by the Senate under section 14(2);

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

(w)         “Statutes”, mean the Statutes, Regulations and Rules made under this Act;

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

(y)          “Teachers” include Professors, Associate Professors, Assistant Professors, Senior Registrars, Senior Lecturers, Junior Registrar, Demonstrators and Lecturers engaged whole-time by the University or by a constituent or affiliated college and such other persons as may be declared to be teachers by Regulations;

(z)           “Teaching Hospital” means Hospital attached with the University for teaching and trainings.

(aa)        “University” means the Bolan University of Medical and Health Sciences, Quetta;

(bb)      “University Teacher” means a whole-time teacher appointed and paid by the University, or recognized by the University as such; and

(cc)      “Vice-Chancellor” means the Vice-Chancellor of the University.

 

 

CHAPTER-II

THE UNIVERSITY

 

Incorporation and Establishment.

3.         (1)       The Bolan University of Medical and Health Sciences shall be established in accordance with the provisions of this Act.

            (2)       The Bolan Medical College Quetta and Directorate of Postgraduate Medical Institute Quetta shall absorbed in it, the Dental Section of Bolan Medical College, Quetta, the Institute of Public Health Quetta and the Center for Advanced Studies in Vaccinology and Biotechnology (CASVAB) with entire staff and premises shall be the constituent Institutes and Colleges of the University.

            (3)       The Bolan Medical Complex Hospital, Quetta, Sandeman Provincial Teaching Hospital Quetta, Helpers Eye Hospital Quetta and Teaching Department of Tuberculosis and Chest Diseases at Fatima Jinnah General and Chest Hospital, Quetta shall be the attached teaching hospitals of the University and the constituent Colleges.

            (4)       The University shall consist of the following, namely:-

(i)             the Chancellor;

(ii)           the Members of the Senate;

(iii)        the Vice-Chancellor;

(iv)          the Members of the authorities established under section 18;

(v)            the University teachers

(vi)          all other full-time officers and members of the staff of the University; and

(vii)       persons recognized as students of the University in accordance with terms prescribed from time to time.

 

            (5)       The University shall be a body corporate by the name of “Bolan University of Medical and Health Sciences, Quetta” and shall have perpetual succession and a common seal, and may sue and be sued by the said name.

            (6)       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.

            (7)       Notwithstanding anything contained in any other law for the time being in force, the University shall have academic, financial and administrative autonomy, including the power to employ officers, teachers and other employees on such terms as may be prescribed. In particular, and without prejudice to the authority granted to the Bolan University of Medical and Health Sciences by the law, the Government or an authority or auditor appointed by the Government shall have no power to question the policy underlying the allocation of resources approved by the Senate in the annual budget of the University.

 

Assets, liabilities and transfer of staff.

4.         (1)       All properties, rights and interests of whatever kind, used, enjoyed, possessed, owned or vested in, or held in by the Bolan Medical College, Quetta, Dental Section of the Bolan Medical College Quetta, Postgraduate Medical Institute Quetta, Institute of Public Health Quetta and Center for Advanced Studies in Vaccinology and Biotechnology (CASVAB) and all liabilities legally subsisting against them shall stand transferred to the University.

            (2)       All employees serving in Bolan Medical College Quetta, Dental Section of Bolan Medical College Quetta, Postgraduate Medial Institute Quetta, Institute of Public Health Quetta Center for Advanced Studies in Vaccinology and Biotechnology (CASVAB) and in any capacity immediately before the commencement of this Act, shall notwithstanding anything contained in any other law or rule made thereunder for the time being in force or any other terms and conditions of their service, stand transferred for service to the University on the terms and conditions as may be prescribed:

                        Provided that such terms and conditions shall not be less favourable than the terms and conditions admissible to them immediately before their transfer.

 

Powers and purposes.

5.         The University shall have the following powers, namely.–

 

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

(ii)                 to prescribe courses of studies to be conducted by it and the colleges;

(iii)              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;

(iv)                to prescribe the terms and conditions of employment of the officers, teachers and  other employees of the University and to lay down terms and conditions that may be different from those applicable to government servants in general;

(v)                  to engage persons on contracts basis where it deem necessary, for a specified duration and to specify the terms and conditions of each engagement;

(vi)                to confer honorary degrees or other distinctions on persons approved for it, in a manner as it may prescribed;

(vii)             to provide for such instruction for persons not being students of the University  and to grant certificates and diplomas to such persons, in a manner as it may prescribed;

(viii)           to institute programmes for the exchange of students and teachers with other universities, educational institutions and research organizations, inside as well as outside Pakistan;

(ix)               to provide career counseling and job search services to students and alumni;

(x)                  to maintain linkages with alumni;

(xi)               to develop and implement fund-raising plans;

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

(xiii)          to confer degrees on persons who have carried on independent research under  prescribed conditions;

(xiv)            to affiliate and disaffiliate educational institutions under prescribed conditions;

(xv)              to inspect colleges and educational institutions affiliated or seeking affiliation with it;

(xvi)            to accept the examinations passed and the period 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 prescribe, and to withdraw such acceptance;

(xvii)         to co-operate with other Universities, public authorities or private organizations, inside as well as outside Pakistan, in such manner and for such purposes as it may prescribe;

(xviii)       to institute Professorships, Associate Professorships, Assistant Professorships and Lectureships and any other posts and to appoint persons thereto;

(xix)           to create posts for research, extension, administration and other related purposes and to appoint persons thereto;

(xx)              to recognize selected members of the teaching staff of affiliated colleges or educational institutions admitted to the privileges of the University or such other persons as it may deem fit, as University teachers;

(xxi)           to institute and award financial assistance to students in need, fellowships, scholarships, bursaries, medals and prizes under prescribed conditions;

(xxii)         to establish teaching departments, schools, colleges, faculties, institutes, museums  and other centers of learning for the development of teaching and research and to make such arrangements for their maintenance, management and administration as it may prescribed;

(xxiii)      to provide for the residence of the students of the University and the colleges, to institute and maintain halls of residence and to approve or license premises for hostels and lodging;

(xxiv)        to maintain order, discipline and security on the campuses of the University and the colleges;

(xxv)          to promote the extra curricular and recreational activities of such students, and to make arrangements for promoting their health and general welfare;

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

(xxvii)     to make provision for research, advisory or consultancy services; and with these objects to enter into arrangements with other institutions, public or private bodies, commercial and industrial enterprises under prescribed conditions;

(xxviii)   to enter into, carry out, vary or cancel contracts;

(xxix)       to receive and manage property transferred and grants, contributions made to the University and to invest any fund representing such property, grants, bequests, trusts, gifts, donations, endowments or contributions in such manner as it may deem fit;

(xxx)          to provide for the printing and publication of research and other works; and

(xxxi)       to do all such other acts and things, whether incidental to the powers aforesaid or  not, as may be requisite or expedient in order to further the objectives of the University as a place of education, learning, and research.

 

Jurisdiction.

6.         (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 such medical colleges and institutions in the province as may apply to the University for exercise of its process.

            (2)       Notwithstanding anything to the contrary contained in any other law for the time being in force, no college of medical and health sciences and postgraduate institutes in health sciences, 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.

 

University open to all classes, creeds, etc.

7.         (1)       The University shall be open to all persons of either gender and of whatever religion, race, creed, class, colour, and no person shall be denied the privileges of the University on the grounds of religion, race, caste, creed, class and colour.

                        Provided that the policy of the admission to the University and constituent Colleges and Institutes enforced immediately before the commencement of this Act shall continue until modified by the Senate.

            (2)       An increase in any fee or charge that is in excess of ten percent per annum on an annualized basis from the last such increase may not be made except in special circumstances, and only with the approval of the Chancellor/Senate.

            (3)       The University shall institute financial aid programmes for students in need, to the extent considered feasible by the Senate given the resources available, so as to enable admission and access to the University and the various opportunities provided by it to be based on merit rather than ability to pay:

                        Provided that the University may institute self-finance schemes not covering more than thirty percent of the total number of candidates in any one campus taught course or research-based programme of study.

 

Teaching at the University and attached teaching Hospitals.

8.         (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, distance learning and other methods of instruction as well as practical work in the laboratories, hospitals, workshops and other public or private organizations.

            (2)       The authority responsible for organizing the recognized teaching shall be such as may be prescribed.

            (3)       Notwithstanding anything contained in any other law for the time being in force the attached teaching hospitals of the University i.e. the Bolan Medical Complex Hospital Quetta, the Sandeman Provincial Hospital Quetta, the Helpers Eye Hospital Quetta and the Department of Tuberculosis and Chest Diseases of Fatima Jinnah General and Chest Hospital, Quetta, shall continue to provide the teaching and training facilities to the under and postgraduates students of the University, constituents colleges and institutions.  These hospitals shall continue to remain under the general supervision and control of the Government.  The Government shall continue the entire funding of the said hospitals with annual increase as it may deem fit and provision of supporting staff in the forms of Doctors, Nurses, Paramedical Staff, Technical Supports Staff and Security Staff ancillary to the teaching faculty of the University as per practice before the commencement of this Act.

            (4)       The teaching staff of the clinical, diagnostic and supports specialties, besides teaching and training to the under and postgraduate students of the University, shall also provide health care to the relevant patients of their fields in the wards, operation theaters, out-patient departments, laboratories, x-rays rooms etc. as per practice before the promulgation of this Act:

                        Provided that the teaching staff of the clinical, diagnostic and supports specialty units shall only be responsible for patient care in their respective fields.

            (5)       The management of the teaching hospitals shall be responsible for provision of entire infrastructure needed for the health care delivery to the patients as per demand of the faculty.

            (6)       The University Authorities shall be responsible for provision of all the infrastructure and teaching aids to the faculty in teaching hospitals for execution of under and postgraduate training programs in clinical, diagnostic and supports specialties.

            (7)       The offices, demonstration rooms and other teaching places in the premises of the teaching hospitals shall remain functional as per practice before the commencement of this Act.  The Government shall, with the passage of time, enhance such teaching places and demonstration rooms as per the needs of the teaching and training programs of the University.

            (8)       The Senate shall prepare a job description of all the faculty members, on the recommendations of the Syndicate, keeping in view the teaching and training requirements of the University and services delivery needs of the teaching hospital.

 

Hospitals Coordination Council, composition and functions.

9.         (1)       There shall be a “Hospitals Coordination Council” to be notified by the Government in the official Gazette, which shall function to ensure coordination between the Management of the teaching hospitals and the University.

            (2)       The composition of the Hospitals Coordination Council shall be as under:-

(i)                Secretary Health,                                  --         Chairman/

Government of Balochistan.                            Member

(ii)             Vice Chancellor.                                   --        Member

(iii)           Director General, Health

Department.                                           --         Member

(iv)            Medical Superintendents

of the teaching Hospitals.                    --         Members

(v)               Principal, College of Nursing. --         Member

(vi)            Principal, College of Paramedics.      --         Member

(vii)          Heads of Surgery,

Medicine and Obstetrics/

Gynecology Departments.                   --         Members

(viii)       Head of Department,

to which the matter relates.                  --         Member

(ix)            Registrar of University.                        --         Member/                                                                                Secretary

 

            (3)       The functions of the Hospitals Coordination Council shall be as under, namely:-

(a)               to settle disputes among the hospital management and the faculty in accordance with provisions of this Act ;  

(b)              to consider the proposals for the improvement of teaching and training facilities and patient care at teaching hospitals;

(c)              to periodically review the state of supplies medicines, equipment and other to the teaching hospital;

(d)              to periodically review the state of punctuality and regularity among the general duty doctors, nurses, paramedical staff, technical support staff and state of security and cleanliness;

(e)              to periodically review the state of health care  provide to the patients of their relevant fields in the hospital wards, by the teaching staff of the clinical, diagnostic and supports specialties.

(f)               to periodically review the infrastructure available at the teaching hospital for health care delivery;

(g)              to periodically review the repair and maintenance of teaching hospital; and

(h)              to consider any other matter of interest  amongst the faculty and the hospital management that does not fall into any of the clause stated herein above.

            (4)       The quorum for a meeting of Hospitals Coordination Council shall be one-half of the total numbers, a fraction being counted as one.

            (5)       The Hospitals Coordination Council shall meet at least once in each quarter of the year.

            (6)       A special meeting of the Hospitals Coordination Council may be called any time with a prior notice, by the Chairman on it own motion or on the request of the Vice Chancellor.

            (7)       The decisions in the meetings of the Hospitals Coordination Council shall be by a majority of the vote; and that shall be binding on all the concerned.

 

 
CHAPTER-III

OFFICERS OF THE UNIVERSITY

 

Principal Officers.

10.       The following shall be the principal officers of the University, namely:-

(a)               the Chancellor;

(b)              the Vice-chancellor;

(c)              the Pro-Vice Chancellor;

(d)              the Deans;

(e)              the Principals of the constituent colleges;

(f)               the Chairpersons of the teaching departments;

(g)              the Registrar;

(h)              the Treasurer;

(i)                the Controller of Examinations; and

(j)                such other persons as may be prescribed by the Statutes or Regulations to be the principal officers of the University.

 

Chancellor.

11.       (1) The Governor of Balochistan shall be the Chancellor of the University and the Chairperson of the Senate.

            (2)       The Chancellor shall, when present, preside at the meetings of the Senate and the Convocation of the University. In the absence of the Chancellor the Senate may request a person of eminence to preside over the Convocation of the University.

            (3)       The members of the Senate, the Vice-Chancellor and Pro-Vice Chancellor shall be appointed by the Chancellor from amongst the persons recommended by the Selection Committee set up for this purpose or the Search Committee established in accordance with the provisions of this Act and the Statutes, as the case may be.

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

            (5)       If the Chancellor is satisfied that serious irregularity or mismanagement with respect to the affairs of the University has occurred, he may, –

(a)               as regards proceedings of the Senate, direct that specified proceedings be reconsidered and appropriate action taken within one month of the direction having been issued:

                        Provided that if the Chancellor is satisfied that either no reconsideration has been carried out or that the reconsideration has failed to address the concern expressed, he may after calling upon the Senate to show cause in writing, appoint a five member Review Panel to examine and report to the Chancellor on the functioning of the Senate. The report of the Review Panel shall be submitted within such time as may be prescribed by the Chancellor. The Review Panel shall be drawn from persons of eminence in academics and in the fields of law, accountancy and administration; and

(b)              as regards proceedings of any Authority or with respect to matters within the competence of any Authority other than the Senate, direct the Senate to exercise powers under section 21.

Removal from the Senate.

12.       (1)       The Chancellor may, upon the recommendation of the Review Panel, remove any person from the membership of the Senate on the ground that such person:-

 

(a)               has become of unsound mind; or

(b)              has become incapacitated to function as member of the Senate; or

(c)              has been convicted by a court of law for an offence involving moral turpitude ; or

(d)              has absented himself from two consecutive meetings without just cause; or

(e)              has been guilty of misconduct, including use of position for personal advantage of any kind, or gross inefficiency in the performance of functions.

 

            (2)       The Chancellor shall remove any person from the membership of the Senate, on a resolution called for the removal of such person and passed by at least three-fourth of the membership of the Senate:

Provided that before passing such resolution the Senate shall provide the member concerned a fair hearing:

Provided further that the provisions of this section shall not be applicable to the Vice-Chancellor in his capacity as a member of the Senate.

 

Vice-Chancellor.

13.       (1)       There shall be a Vice-Chancellor of the University who shall be an eminent academic or a distinguished administrator and may be from amongst the Senior Professors of the University.  He shall be appointed on such terms and conditions as may be prescribed.

 

            (2)       The Vice-Chancellor shall be the chief executive officer of the University responsible for all administrative and academic functions of the University and for ensuring that the provisions of the Act, Statutes, Regulations and Rules are faithfully observed in order to promote the general efficiency and good order of the University. The Vice-Chancellor shall have all powers prescribed for this purpose, including administrative control over the officers, teachers and other employees of the University.

            (3)       The Vice-Chancellor shall, if present, be entitled to attend any meeting of any Authority or body of the University.

            (4)       The Vice-Chancellor may, in an emergency that in his opinion requires immediate action ordinarily not in the competence of the Vice-Chancellor, take such action and forward, within seventy-two hours, a report of the action taken to the members of the Emergency Committee of the Senate, to be set up by Statute. The Emergency Committee on such report may either confirm the action taken or direct such other action, as it considered appropriate.

            (5)       The Vice-Chancellor shall also have the following powers, namely:–

(a)               to direct teachers, officers and other employees of the University to take up such assignments in connection with examination, administration and such other activities in the University as he may consider necessary for the purposes of the University;

(b)              to sanction by re-appropriation an amount not exceeding an amount prescribed by the Senate for an unforeseen item not provided for in the budget and report it to the Senate at the next meeting;

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

(d)              to suspend, punish and remove, in accordance with prescribed procedure, from service officers, teachers and other employees of the University except those appointed by or with the approval of the Senate;

(e)              to delegate, subject to such conditions as may be prescribed, any of his powers under this Act to any officer or officers of the University; and

(f)               to exercise and perform such other powers and functions as may be prescribed.

            (3)       The Vice-Chancellor shall preside at the convocation of the University in the absence of the Chancellor.

            (4)       The Vice-Chancellor shall present an annual report before the Senate within three months of the close of the academic year, which shall contain an overview of all the activities, achievements and performance of the University during and such other information regarding the year under review as may be prescribed, including disclosure of all relevant facts pertaining to:

(a)               academics;

(b)              research;

(c)              administration; and

(d)              finances:

                        Provided that the Vice-Chancellor’s annual report shall be made available to all the officers and University teachers before its presentation to the Senate, and shall be published in such numbers as are required to ensure its wide circulation.

 

Appointment and Removal of the Vice-Chancellor.

14.       (1)       The Vice-Chancellor shall be appointed by the Chancellor on the basis of recommendations made by the Senate.

            (2)       A Search Committee for the recommendation of persons suitable for appointment as Vice-Chancellor shall be constituted by the Senate on the date and in the manner prescribed by the Statutes and shall consist of two eminent members of society nominated by the Chancellor, of whom one shall further be nominated as the Convener of the Committee, two members of the Senate, two distinguished University Teachers who are not members of the Senate and one academic of eminence not employed by the University. The Senate through a process shall select the two distinguished University Teachers in such manner as prescribed by Statute that provides for the recommendation of suitable names by the University Teachers in general. The Search Committee shall remain in existence till such time that the appointment of the next Vice-Chancellor has been made by the Chancellor.

            (3)       The persons proposed by the Search Committee for appointment as Vice-Chancellor shall be considered by the Senate and of these a panel of three in order of priority, shall be recommended by the Senate to the Chancellor:

                        Provided that the Chancellor may decline to appoint any of the three persons recommended and seek recommendation of a fresh panel. In the event of a fresh recommendation being sought by the Chancellor the Search Committee shall make a proposal to the Senate in the prescribed manner.

            (4)       The Vice-Chancellor shall be appointed for a renewable tenure of five years on such terms and conditions as prescribed by Statute. The tenure of an incumbent Vice-Chancellor shall be renewed by the Chancellor on receipt of a resolution of the Senate in support of such renewal:

Provided that the Chancellor may call upon the Senate to reconsider such resolution once.

            (5)       The Senate may, pursuant to a resolution in this behalf passed by three fourths of its membership, recommend to the Chancellor the removal of the Vice-Chancellor on the ground of inefficiency, moral turpitude or physical or mental incapacity or gross misconduct, including misuse of position for personal advantage of any kind:

Provided that the Chancellor may make a reference to the Senate stating the instances of inefficiency, moral turpitude or physical or mental incapacity or gross misconduct on the part of the Vice-Chancellor that have come to his notice. After consideration of the reference the Senate may, pursuant to a resolution in this behalf passed by two-thirds of its membership, recommend to the Chancellor for the removal of the Vice-Chancellor:

Provided further that prior to a resolution for the removal of the Vice-Chancellor being voted upon the Vice-Chancellor shall be given a fair opportunity of being heard.

            (6)       A resolution recommending the removal of the Vice-Chancellor shall be submitted to the Chancellor forthwith. The Chancellor may accept the recommendation and order removal of the Vice-Chancellor or return the recommendation to the Senate.

            (7)       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 Senate shall make such arrangements for the performance of the duties of the Vice-Chancellor as it may deem fit

 

Pro-Vice Chancellor.

15.       (1)       The Chancellor shall appoint a Pro-Vice Chancellor on such terms and conditions as he may determine for a specific period not exceeding four years.

            (2)       Where a Pro-Vice Chancellor is appointed under sub-section (1) he shall, notwithstanding any thing contained in this Act, exercise such powers and perform such functions of the Vice Chancellor or such other powers and functions as the Chancellor may delegate to him.

            (3)       The Pro-Vice Chancellor shall be an ex-officio member of the Syndicate and Academic Council.

 

Registrar.

16.       (1)       There shall be a Registrar of the University to be appointed by the Senate on the recommendation of the Vice-Chancellor, on such terms and conditions as prescribed by the Senate.

            (2)       The experience as well as the professional and academic qualifications necessary for appointment to the post of the Registrar shall be as prescribed by the Senate.

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

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

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

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

(d)              supervise the process of election, appointment or nomination of members to the various authorities and other bodies in the prescribed manner; and

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

 

            (4)       The term of office of the Registrar shall be renewable for a period of three years;

                        Provided that the Senate may, on the advice of the Vice Chancellor, terminate the appointment of the Registrar on grounds of inefficiency or misconduct in accordance with prescribed procedure.

 

Treasurer.

!7.        (1)       There shall be a Treasurer of the University to be appointed by the Senate on the recommendation of the Vice Chancellor, on such terms and conditions as may be prescribed.

            (2) The experience and the professional and academic qualifications necessary for appointment to the post of the Treasurer shall be as may be prescribed.

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

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

(b)       prepare the annual and revised budget estimates of the University and present them to the Syndicate or a committee thereof for approval and incorporation in the budget to be presented to the Senate;

(c)       ensure that the funds of the University are expended on the purposes for which they are provided;

(d)       have the accounts of the University audited annually so as to be available for submission to the Senate within six months of the close of the financial year, and

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

 

            (4)       The Treasurer shall be appointed for a renewable term of three years; and shall cease to hold the office of Treasure on expiry of three years from the date of his appointment or renewal of appointment if not extended earlier:

                        Provided that the Senate may, on the advice of the Vice Chancellor, terminate the appointment of the Treasurer any time before the expiry of his term of appointment, on the grounds of inefficiency or misconduct in accordance with the prescribed procedure.

 

Controller of Examinations.

18.       (1)       There shall be a Controller of Examinations, to be appointed by the Senate on the recommendation of the Vice-Chancellor, on such terms and conditions as may be prescribed.

            (2)       The minimum qualifications necessary for appointment to the post of the Controller of Examinations shall be as may be prescribed.

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

            (4)       The Controller of Examinations shall be appointed for a renewable term of three years; and shall cease to hold the office of Controller of Examination on expiry of three years from the date of his appointment or renewal of appointment if not extended earlier:

                        Provided that the Senate may, on the advice of the Vice Chancellor, terminate the appointment of the Controller of Examinations any time before the expiry of his term of appointment, on grounds of inefficiency or misconduct in accordance with the prescribed procedure.

 

 

 
CHAPTER-IV

AUTHORITIES OF THE UNIVERSITY

 

Authorities.

19.       (1)       The following shall be the Authorities of the University under this Act, namely:–

(a)               the Senate;

(b)              the Syndicate; and

(c)              the Academic Council.

 

            (2)       The following shall be the Authorities that may be established by the Statutes, –

(a)               Faculty Council;

(b)              Graduate and Research Management Council;

(c)              Departmental Council;

(d)              the Selection Committees for appointment to the Senate, Syndicate and the Academic Council;

(e)              Search Committee for the appointment of the Vice Chancellor;

(f)               Recruitment, Development, Evaluation and Promotion Committees for teachers and other staff whether at the level of the department, the Faculty or the University; and

(g)              Career-placement and Internship Committee of each Faculty.

(3)       The Senate, the Syndicate and the Academic Council may set up such other committees or sub-committees, by whatever name described, as are considered desirable through Statutes or Regulations as appropriate. Such committees or sub-committees shall be Authorities of the University for the purposes of this Act.

 

Senate.

20.       (1)       The body responsible for the governance of the University shall be described as the Senate, and shall consist of the following, namely:–

(a)               the Chancellor who shall be the Chairperson of the Senate;

(b)              the Vice-Chancellor;

(c)              one member the Secretary or in his absence the Additional Secretary of the Government of Balochistan, Health Department or any other department relevant to the special focus of the University;

(d)              one member the Secretary or in his absence the Additional Secretary of the Government of Balochistan, Finance Department;

(e)              four persons from society at large being persons of distinction in the fields of administration, management, education, academics, law, accountancy, medicine, fine arts, architecture, agriculture, science, technology and engineering such that the appointment of these persons reflects a balance across the various fields:

             Provided that the special focus or affiliation of the University to be declared in the manner prescribed, may be reflected in the number of persons of distinction in an area of expertise relevant to the University, who are appointed to the Senate;

(f)               one person from amongst the alumni of the University;

(g)              two persons from the academic community of the country, other than an employee of the University, at the level of professor or principal of a college;

(h)              four University Teachers; and

(i)                one person nominated by the Commission.

 

            (2)       The numbers of the members of the Senate described against clauses (e) to (i) of sub-section (1) may be increased by the Senate through Statutes subject to condition that the total membership of the Senate does not exceed twenty one, with a maximum of five University Teachers, and the increase is balanced, to the extent possible, across the different categories specified in sub-section (1).

            (3)       All appointments to the Senate shall be made by the Chancellor.

            (4)       Appointments of persons described in clauses (e) to (f) of sub-section (1) shall be made from amongst a panel of three names for each vacancy recommended by the Selection Committee set up in terms of section 26 and in accordance with procedure as may be prescribed:

Provided that effort shall be made, without compromising on quality or qualification, to give fair representation to women on the Senate:

                        Provided further that for appointment of members from amongst the University Teachers described in clause (g) of sub-section (1), the Senate shall prescribe a procedure for appointment on the basis of elections that provide for voting by the various categories of University Teachers:

Provided also that the Senate may alternatively prescribe that appointment of University Teachers to the Senate shall also be in the manner provided for the persons described in clauses (e) to (f) of sub-section (1).

            (5)       Members of the Senate, other than ex officio members, shall hold office for three years. One-third of the members, other than ex officio members, of the first restructured Senate, to be determined by secret self-assessment ballot, shall retire from office on the expiration of one year from the date of appointment by the Chancellor. One-third of the remaining members, other than ex officio members, of the first restructured Senate, to be determined by secret ballot, shall retire from office on the expiration of two years from the date of appointment and the remaining one - third, other than ex officio members, shall retire from office on the expiration of the third year:

Provided that no person, other than an ex officio member, may serve on the Senate for more than two consecutive terms:

Provided further that the University Teachers appointed to the Senate may not serve for two consecutive terms.

            (6)       The Senate shall meet at least twice in a calendar year.

            (7)       Service on the Senate shall be on honorary basis:

                        Provided that actual expenses may be reimbursed as prescribed.

            (8)       The Registrar shall be the secretary of the Senate.

            (9)       In the absence of the Chancellor meetings of the Senate shall be presided over by such member, not being an employee of the University or the Government, as the Chancellor may, from time to time, nominate. The member so nominated shall be the convener of the Senate.

            (10)     Unless otherwise prescribed by this Act, all decisions of the Senate shall be taken on the basis of the opinion of a majority of the members present. In the event of the members being evenly divided on any matter the person presiding over the meeting shall have a casting vote.

            (11)     The quorum for a meeting of the Senate shall be two thirds of its membership, a fraction being counted as one.

 

Powers and functions of the Senate.

21.       (1)       The Senate shall have the power of general supervision over the University and shall hold the Vice-Chancellor and the Authorities accountable for all the functions of the University. The Senate shall have all powers of the University not expressly vested in an Authority or officer under this Act and all other powers not expressly mentioned in this Act that are necessary for the performance of its functions.

            (2)       Without prejudice to the generality of the foregoing powers, the Senate shall have the following powers:–

(a)               to approve the proposed annual plan of work, the annual and revised budgets, the annual report and the annual statement of account;

(b)              to hold, control and lay down policy for the administration of the property, funds and investments of the University, including the approval of the sale and purchase or acquisition of immovable property;

(c)              to oversee the quality and relevance of the University’s academic programmes and to review the academic affairs of the University in general;

(d)              to approve the appointment/ promotions of the Deans, Professors, Associate Professors  Assistant Professors, Senior Registrars, Junior Registrars, Senior Lecturers, Demonstrator and Lecturers such other senior faculty and senior administrators as may be prescribed;

(e)              to institute schemes, directions and guidelines for the terms and conditions of appointment of all officers, teachers and other employees of the University;

(f)               to approve strategic plans;

(g)              to approve financial resource development plans of the University;

(h)              to consider the drafts of Statutes and Regulations proposed by the Syndicate and the Academic Council:

             Provided that the Senate may frame a Statute or Regulation on its own initiative and approve it after calling for the advice of the Syndicate or the Academic Council as the case may be;

(i)                to annul by order in writing the proceedings of any Authority or officer if the Senate is satisfied that such proceedings are not in accordance with the provisions of this Act, Statutes or Regulations after calling upon such Authority or officer to show cause why such proceedings should not be annulled;

(j)                to recommend to the Chancellor removal of any member of the Senate in accordance with the provisions of this Act;

(k)              to make appointment of members of the Syndicate, other then ex officio members, in accordance with the provisions of this Act;

(l)                to make appointment of members of this Academic Council, other than ex officio members, in accordance with the provisions of this Act;

(m)            to appoint Emeritus Professors on such terms and conditions as may be prescribed;

(n)              to remove any person from the membership of any Authority if such person:

(i)                has become of unsound mind; or

(ii)             has become incapacitated to function as member of such Authority; or

(iii)           has been convicted by a court of law for an offence involving moral turpitude; and

(o)              to determine the form, provide for the custody and regulate the use of the common seal of the University.

 

            (3)       The Senate may, subject to the provisions of this Act delegate all or any of the powers and functions of any Authority, officer or employee of the University at its main campus, to any Authority, committee, officer or employee at its additional campus for the purpose of exercising such powers and performing such functions in relation to such additional campus, and for this purpose the Senate may create new posts or positions at the additional campus.

 

Visitation.

22.       The Senate may, in accordance with the terms and procedures as may be prescribed, cause an inspection to be made in respect of any matter connected with the University.

 

Syndicate.

23.       (1)       There shall be a Syndicate of the University consisting of the following, namely:–

(a)               the Vice-Chancellor who shall be its Chairperson;

(b)              the Pro-Vice Chancellor;

(c)              the Deans of the Faculties of the University;

(d)              three professors from different departments, who are not members of the Senate, to be nominated by the Chancellor;

(e)              Principals of the constituent colleges;