2005
NOTIFICATION
Dated 11th February, 2005.
No. PA/NWFP/Legis: 1/2005/2677— The Frontier Women University Bill, 2004 having been passed by the Provincial Assembly of North-West Frontier Province on the 5lhOctober. 2004 and assented to by the Governor of the North-West Frontier Province on 7thFebruary, 2005 is hereby published as an Act of the Provincial Legislature of the North-West Frontier Province.
THE FRONTIER WOMEN UNIVERSITY ACT, 2004 (N.-W.F.P. ACT NO. VI OF 2005)
(First published after having received the assent of the Governor of the North-West Frontier Province in the Gazette of the N. W.F.P. (Extraordinary), dated the 11thFebruary, 2005).
AN
ACT
to provide for the establishment of the Frontier Women University at Peshawar.
WHEREAS it is expedient to provide for the establishment of the Frontier WomenUniversity at Peshawar;
It is hereby enacted as follows:
(2) It shall come into force at once.
(a) "Academic Council" means the Academic Council of the University;
(h) "Chancellor" means the Chancellor of the University;
(i) "Committee" means a Committee constituted under this Act;
(j) "Dean" means the Dean of a Faculty;
(k) "Faculty" means a Faculty of the University;
(1) "Government" means the Government of the North-West Frontier Province;
(m) "Higher Education Commission" means the Higher Education Commission atIslamabad;
(n) "prescribed" means prescribed by Statutes, Regulation or Rules made underthis Act;
(o) "Professor Emeritus" means a retired professor designated as such under thisAct;
(p) "Registered Graduate" means,—
(i) a graduate of the University who has her name entered in the registermaintained for this purpose; and
(ii) a graduate of any other University who ordinarily resides within theterritorial jurisdiction of the University and has her name entered in the register maintained by the University for this purpose;
(q) "Registered College" or "Institute" means a college or institute in privatesector providing degree level or above education and properly registered withthe North-West Frontier Province Higher Education Regulatory Authority;
(r) "Selection Board" means the Selection Board of the University;
(s) "Senate" means the Senate of the University;
(t) "Statutes", "Regulation" and "Rules" means respectively, the Statutes, theRegulations and the Rules made under this Act;
(u) "Syndicate" means the Syndicate of the University;
(v) "Teacher" includes Professors, Associate Professors, Assistant Professors and Lecturers engaged whole time by the University or by the College for teaching diploma, degree or postgraduate classes and engaged in research and such other persons who may be declared as Teacher by Regulations;
(w) "University" means the Frontier Women University established under thisAct; and
(x) "Vice Chancellor" means the vice "Chancellor of the University.
CHAPTER-II
THE UNIVERSITY
(h) to confer degree on persons who have carried on independent research underprescribed conditions;
(i) to affiliate and disaffiliate educational institutions under prescribed conditions;
(j) to admit educational institutions to its privileges and to withdraw such privileges under prescribed conditions;
(k) to inspect colleges and other educational institutions associated or seeking association with it;
(1) to accept the examinations passed and the periods of study spent by students of the University at other Universities and places of learning as equivalent to such examinations and periods of study in the University, as it may determine and to withdraw such acceptances;
(m) to institute Professorships, Associate Professorships, Assistant Professorships and Lectureships and any other posts and to appoint persons thereto;
(n) to recognize/de-recognize any teacher, of an affiliated and constituent institution or such other person as University teacher;
(o) make provisions for research and advisory services and with these objects to enter into arrangements with other national and international institutions or public bodies under prescribed conditions;
(p) enter into academic agreements, collaborations and arrangements with organizations, institutions, bodies and individuals, in Pakistan and abroad for carrying out its functions and activities;
(q) authorize and agree to the mobility of qualified staff among University, research organizations and Government or corporate bodies; provided that the rights and privileges of the staff under this arrangement shall be protected;
(r) institute and award fellowships, scholarships, exhibitions, bursaries, medals and prizes in the prescribed manner;
(s) establish Academic Departments, Faculties and Institutions for the development of teaching, research and technology and make such arrangement for their maintenance, management and administration, as it may determine;
(t) control the residence of the students of the University, to institute andmaintain halls of residence and to approve or license hostels and lodgings;
(u) control and maintain University halls or residences for students and approve any place as hostel or lodging for students;
(v) supervise and control the discipline of students of the University and to promote extra-curricular and recreational activities of such students, and to make arrangements for promoting their health and general welfare; (w) take disciplinary action against and impose penalties on its employees or students, in the prescribed manner;
(x) charge and receive such fees and other payments as it may determine;
(y) receive and manage property, bequests, trusts, gifts, donations, endowments and other contributions made to the University, and invest any fund representing such property, grants, bequests, trusts, gifts, donations, endowments or contributions in such manner as it may deem fit;
(z) provide for the printing and publication of research and other works as prescribed;
(aa) provide facilities for development of prototypes based on research anddevelopment and exploit technology singly or in cooperation with suchventures and in such manner as it may deem fit; and
(bb) do such other acts or things, whether incidental to the powers aforesaid or not, as may be necessary to further promote the objects of the University as a place of learning, research and technological development.
Provided that Government may, in consultation with the University, 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) Notwithstanding anything to the contrary contained in any other enactment for the time being in force, no female educational institution situated within the territorial limits of the University shall, save with the consent of the University and sanction of Government, be associated in any way with, or seek admission to the privileges of any other university.
Provided that nothing in this section shall be deemed to prevent religious instructions being given to the students in their own religious faiths in such manner as may be prescribed.
(2) Teaching in any prescribed course in the University shall be organized by such authority as may be prescribed.
(3) The courses and the curricula for teaching in the University shall be such as may be prescribed.
CHAPTER-III
OFFICERS OF THE UNIVERSITY
8 Officers of the University.—The following shall be the officers of the University:
(f) the Chairmen of the Academic Departments;
(g) the Registrar;
(h) the Treasurer;
(i) the Controller of Examinations;
(j) the Librarian; and
(k) such other persons as may be prescribed by the Regulation to be the officers of the University.
(6) The Chancellor shall have the power to withhold assent to such Statutes as are required to be submitted to him by the Senate, if in his opinion, such Statutes are:
(a) directly or indirectly against the tenets of Islam or the Ideology of Pakistan; or
(7) In all other cases the Chancellor may assent to such Statutes or refer them back to the Senate for reconsideration; provided that where the Chancellor refers the Statutes back to the Senate for reconsideration, and if upon reconsideration, the Statutes are passed by a majority of the three-fourth of the total members of the Senate the Chancellor shall be deemed to have assented to such statutes.
(2) At any time when the office of the Vice Chancellor is vacant or the Vice Chancellor is unable to perform the functions of her office due to illness or any other cause, the Chancellor shall make such arrangements for the performance of the duties of the Vice Chancellor as he may deem fit.
(g) to direct teachers, officers and other employees of the University totake up such assignments in connection with teaching, research, technological developments, examination, administration and such other activities in the University as she may consider necessary for the purpose of the University;
(h) to delegate, subject to such conditions, if any, as may be prescribed, any of her powers under this Act to an officer of the University;
(i) to appoint employees below the initial monthly pay in BPS-17 and for this purpose to appoint such selection committee or committees as she may deem necessary; and
(j) to exercise and perform such other powers and functions as may be prescribed.
(2) The Registrar shall:
(2) The Treasurer shall:
(2) The Resident Auditor, shall be responsible for all matters connected with the auditing of accounts of the University and shall perform such other duties as may be prescribed.
CHAPTER-IV
AUTHORITIES OF THE UNIVERSITY
(g) the Board of Advanced Studies;
(h) the Planning and Development Committee;
(i) the Finance Committee;
(j) the Affiliation Committee;
(k) the University Disciplinary Committee; and
(1) such other Authorities as may be prescribed by Statutes.
(i) the Chancellor;
(ii) the Vice Chancellor;
(iii) the members of the Syndicate;
(iv) the Deans;
(v) the Directors;
(vi) the Principals of the constituent colleges;
(vii) the University Professors and Emeritus Professors;
(viii) the Chairpersons of the Teaching Departments;
(ix) the officer or teacher Incharge of students affairs by whatever designation called;
(x) three Principals of the affiliated colleges, or institutes, to be elected by the Principals of all such colleges and institutes from amongst themselves;
(xi) twelve teachers of affiliated colleges having at least three years' service in an affiliated college to be elected by the teachers of all such colleges from amongst themselves;
(xii) twelve experienced University teachers to be elected by all University teachers;
(xiii) five persons eminent in Arts, Science and Professions, one from each category, to be nominated by the Chancellor;
(xiv) the Registrar;
(xv) the Treasurer;
(xvi) the Controller of examinations;
(xvii) the Librarian;
(xviii) the Director of Higher Education, North-West Frontier Province; and
(xix) the Director of Technical Education, North-West Frontier Province.
21 Powers and Duties of the Senate,— Subject to the provisions of this Act, the Senate shall have the powers-
(e) to perform such other functions as may be prescribed by Statutes,
one eminent scientist to be nominated by the Chancellor in
(h) two Deans to be nominated by the Chancellor in consultation with the Vice Chancellor;
(i) Secretary to-Government of North-West Frontier Province. Higher Education Department, or his nominee not below the rank of an Additional Secretary;
(j) Secretary to Government of North-West Frontier Province, Finance Department, or his nominee not below the rank of an Additional Secretary;
(k) the Chief Justice of the Peshawar High Court, Peshawar, or his nominee from amongst the Judges of that Court;
(1) one eminent research scholar of national/international fame to be nominated by the Chancellor in consultation with the Vice Chancellor;
(m) one Principal of the affiliated colleges to be nominated by the Chancellor; and
(n) one Professor and one Associate Professor teaching in the University to be nominated by the Chancellor in consultation with the Vice Chancellor.
(4) The quorum for a meeting of the Syndicate shall be one half of the total number of members, a fraction being counted as one.
(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 to:-
(i) take effective measures to raise the standards of teaching, research, scientific/technological development and publication, keeping in view the national needs;
(ii) hold, control and administer the property and funds of the University;
(iii) govern and regulate, with due regard to the advice of the Finance and Planning and Development 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;
(iv) 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;
(v) consider and, approve the recommendations of the Planning andDevelopment Committee;
(vi) transfer and accept transfer of movable or immovable property on behalf of the University;
(vii) enter into, vary, carry out and cancel contracts on behalf of the University;
(viii) cause proper books of accounts to be kept for all sums of money received and spent by the University and for the assets and liabilities of the University;
(ix) 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 (Act II of 1982), or in the purchase of immovable property or in such other manner, as it may determine;
(x) receive and manage any property transferred, and grants, bequests, trusts, gifts, donations, endowments and other contributions made to the University;
(xi) administer any funds placed at the disposal of the University for specified purposes;
(xii) determine the form, custody and regulation of the use of the common seal of the University;
(xiii) provide the buildings, libraries, premises, furniture, apparatus, equipment and other means required for carrying out the work of the University;
(xiv) establish and maintain halls of residence and hostels or approve or license hostels or lodgings for the residence of students;
(xv) admit educational institutions to the privileges of the University and withdraw such privileges;
(xvi) affiliate and de-affiliate female colleges;
(xvii) arrange for the inspection of the Academic Departments;
(xviii) institute professorship, Associate Professorship, Assistant Professorship, Lectureship and other posts and to suspend or abolish such posts;
(xix) create, suspend or abolish such administrative, technical, research, extension or other posts as may be necessary;
(xx) appoint University teachers and other officers on the recommendations of the Selection Board for teaching and other posts in National Pay Scale-17 and above;
(xxi) appoint Professors Emeritus on such terms and conditions as may be prescribed;
(xxii) confer honorary degrees in accordance with the conditions as may be prescribed;
(xxiii) suspend, punish and remove from service in the prescribed manner such officers, other than the Vice Chancellor, teachers and other employees in the manner prescribed;
(xxiv) receive an annual report and future plans at the end of each academic year from a sub-committee of the Syndicate headed by the Vice Chancellor on the teaching, research and development of technology in the University and to issue such instructions to further improve the administrative and academic performance of the University as it may deem necessary;
(xxv) appoint members to the Authorities in accordance with the provisions of this Act;
(xxvi) report to the Senate, on matters on which it has been asked to report; (xxvii) propose draft of Statutes for submission to the Senate;
(xxviii) consider and deal with the Regulations made by the Academic Council in the manner prescribed in sub-section (2) of section 30;
Provided that the Syndicate may frame a Regulation at its own initiative and approve it after calling for the advice of the Academic Council;
(xxix) regulate, determine and administer all other matters concerning the University and exercise all other powers provided under this Act and the Statutes;
(xxx) delegate any of its powers to an Authority in University or officer or a committee or sub-committee;
(xxxi) appoint one or more legal advisers on the recommendations of the Vice Chancellor for a term not exceeding three years on such terms and conditions as determined by Government; and
(xxxii) 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.
(t) the Chairperson of the Academic Department;
(g) four University Teachers other than Professors, two from each category of Associate Professors and Assistant Professors to be appointed by the Syndicate;
(h) three persons eminent in sciences, social sciences and engineering, of whom one shall be from each category, to be nominated by the Chancellor in consultation with the Vice Chancellor:
(i) Deputy Secretary to Government of the North-West Frontier Province, Higher Education Department;
(j) the Director of Higher Education, North-West Frontier Province:
(k) the Librarian;
(1) the Controller of Examination; and
(m) the Registrar, who shall also be its Secretary.
(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 to:
(a) advise the Syndicate on academic matters;
(h) recognize the examinations of other university or examining bodies as equivalent to the corresponding examinations of the University;
(i) frame Regulations for the award of studentships, scholarships, exhibitions, medals and prizes;
(j) consider, at the end of each academic year, reports of the Deans of Faculties on the performance of each academic unit and submit a report to the Syndicate on the teaching, research and scientific/technological development at the University, updating the syllabi and courses of study in the light of the latest developments of knowledge in the fields of study at the University and specific information on the improvement and development of knowledge;
(k) appoint members to the various Authorities in the University in accordance with the provisions of this Act; and
(1) perform such other functions as may be prescribed by Statutes.
CHAPTER-V
STATUTES,REGULATIONS AND RULES
(h) conditions under which the University may enter into arrangements with other institutions or with public bodies or other organizations for purposes of research, development of science/technology and advisory services;
(i) conditions for appointment of Professor Emeritus and award of honorary degrees;
(j) accountability, efficiency and discipline of University employees;
(k) the general scheme of studies including the duration of courses, the system of examinations and the number of subjects and papers for an examination; and
(1) all other matters which by this Act are to be, or may be prescribed or regulated by Statutes.
(2) The draft of Statutes 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 Statutes affecting the constitution or powers of any Authority of the University, until such Authority has been given an opportunity of expressing an opinion in writing upon the proposal:
Provided further that the draft of Statutes concerning any of the matters mentioned in clauses (a) and (b) of sub section (1) shall be forwarded to the Chancellor and shall not be effective until it has been, or deemed to have been, approved by the Chancellor.
(h) the conditions of residence of the students of the University including the levying of fees for residence in halls of residence and hostels;
(i) the approval and licensing of hostels and lodging;
(j) the conditions for carrying out independent research for acquiring a degree;
(k) the institutions of fellowships, scholarships, exhibitions, medals and prizes;
(1) the institutions of stipends and free and half-free student-ship;
(m) the academic costumes;
(n) the use of the library;
(o) the establishment of Academic Departments; and
(p) ail other matters which by this Act or Statutes, are to be or may be prescribed by Regulations.
(2) The Regulations shall be proposed 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 proposed by the Academic Council shall not be valid, unless it has received the approval of the Syndicate.
Provided that the Syndicate may direct the amendment or withdrawal of any such rules:
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 specially provided for by this Act, the Statutes or the Regulations.
CHAPTER-VI
AFFILIATION OF EDUCATIONAL INSTITUTIONS TO THE UNIVERSITY
(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 provision which may have been made for the students by another educational institution in its neighborhood, will not be injurious to the interests of education or discipline.
Provided that affiliation shall not be refused, unless that educational institution has been given an opportunity of making a representation against the proposed decision.
(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 sub-section (1) of section 33. 36. Withdrawal of affiliation.— (1) If any educational institution affiliated to theUniversity fails at any time to fulfill 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 areconducted in a manner which is prejudicial to the interest of education, the Syndicate may, on the recommendation of the Affiliation Committee, and after considering such 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. In such a case the already admitted students will be adjusted in the nearby institutions to save them from damages. (2) The procedure to be followed for the withdrawal of affiliation shall be such as may be prescribed. 37. 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 withdrawing, in whole or in part, the right conferred on an institution by refusal or affiliation or modifying such rights: Provided that the Senate shall not pass any order adversely affecting the institution without giving the institution concerned an opportunity of being heard. CHAPTER-VIIUNIVERSITY FUND
(2) Nothing in sub-section (1) shall affect the provisions of section 45. 44. Filling of casual vacancies in Authorities.— Any casual vacancy in the membership of any Authority in the University shall be filled, as soon as may be, by the person or the body who appointed or nominated the member whose place has become vacant and the person appointed or nominated to the vacancy shall be the member of such authority for the residue of the term for which the person whose place she fills would have been a member. 45. Voids in the constitution of Authorities.— Where there is a void in the constitution of an Authority 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 reasons, it shall be filled in such manner as the Syndicate may decide.
SCHEDULETHE FIRST STATUTES (See Section 49) 1. Faculties.—The University shall include the following Faculties:
(2) The members other than ex-officio members shall hold office for three years. (3) The quorum for a meeting of the Board of Faculty shall be one-half of the total number of members, a fraction being counted as one. 3. Powers and functions of the Board of Faculty.— The Board of each Faculty shall, subject to the general control of the Academic Council and the Syndicate, have the power to: (i) co-ordinate the teaching, scientific/technological development and research work in the subjects assigned to the Faculty; (ii) scrutinize the recommendations of the Board of Studies comprising the Faculty with regard to the appointment of paper setters examiners, except for research examinations, and to forward panels of suitable paper setters and examiners for each examination to the Vice Chancellor; (iii) consider any other academic matter relating to the Faculty and report thereon to the Academic Council; (iv) prepare a comprehensive annual report regarding the performance of each department comprising the Faculty for presentation to the Academic Council; and (v) perform such other functions as may be prescribed by the Statutes. 4. Deans of Faculty.— (1) There shall be a Dean of each Faculty who shall be thechairperson and convener of the Board of Faculty. (2) The Dean shall be appointed by the Chancellor from amongst the threesenior most professors in the Faculty on the recommendation of the Vice Chancellorand shall hold office for three years and shall be eligible for re-appointment: Provided that if no Professor is available hi a Faculty, a Dean from some other Faculty may also act as the Dean of that Faculty till such time a Professor of the Faculty itself is appointed.
(g) the Treasurer (Member/Secretary).
(h) the Registrar (Member/Secretary). (2) The quorum for the meeting of the Planning and Development Committee shall be half of the total members, a fraction to be ignored.
(2) The term of office of the members of the Committee excluding the ex-officio members, shall be two years. (3) " The Affiliation Committee may co-opt not more than three experts.
(a) to inspect the educational institutions seeking affiliation with or admission to the privileges of the University and to advise the Academic Council thereon;
(5) The functions of the University Discipline Committee shall be: (i) to deal with all inter-institute cases of indiscipline in the University; (ii) to propose regulations relating to the conduct of students, maintenance of discipline and action for breach of discipline; (iii) to perform such other functions as may be prescribed. 17. Institutional Discipline Committee.— Each officer in charge of the hostel or head of a constituent and affiliated college shall appoint an-Institutional Discipline Committee consisting of three teachers of the University to deal with cases of indiscipline of its own students as may be prescribed.
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