ACT NO. XX OF 2013

ANTI-TERRORISM (SECOND AMENDMENT)
ACT, 2013

An Act further to amend the Anti-terrorism Act, 1997

[Gazette of Pakistan, Extraordinary, Part-I, 26th March, 2013]

No. F. 9(13)/2013-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 22nd March, 2013, is hereby published for general information:—

WHEREAS it is expedient further to amend Anti-terrorism Act, 1997 (XXVII of 1997) for the purposes hereinafter appearing;

It is hereby enacted as follows:—

1.  Short title and commencement.—(1) This Act may be called the Anti-terrorism (Second Amendment) Act, 2013.

(2)  It shall come into force at once.

2.  Amendment of Section 6, Act XXVII of 1997.—In the Anti-terrorism Act, 1997 (XXVII of 1997), hereinafter referred to as the said Act, in Section 6,—

(a)     in sub-section (1), in clause (c), after the word "cause", at the end, the words and comma "or intimidating and terrorizing the public, social sectors, media persons, business community or attacking the civilians, including damaging property by ransacking, looting, arson or by any other means, Government officials, installations, security forces or law enforcement agencies" shall be added and thereafter the following proviso shall be added, namely:—

          "Provided that nothing herein contained shall apply to a democratic and religious rally or a peaceful demonstration in accordance with law."; and

(b)     in sub-section (2),—

          (i)      in clause (c), after the word "property" the commas and the words ", including Government premises, official installations, schools, hospitals, offices or any other public or private property including damaging property by ransacking, looting or arson or by any other means" shall be added;

          (ii)     in clause (ee), after the word "blast" the words "or having any explosive substance without any lawful justification or having been unlawfully concerned with such explosive" shall be added;

          (iii)    for clause (g) the following shall be substituted, namely:—

                   "(g) involves taking the law in own hand, award of any punishment by an organization, individual or group whatsoever, not recognized by the law, with a view to coerce, intimidate or terrorize public, individuals, groups, communities, Government officials and institutions, including law enforcement agencies beyond the purview of the law of the land;"; and

          (iv)    in clause (m) the word "or", at the end, shall be omitted; and

          (v)     after clause (n), the following new clauses shall be added, namely:—

                   "(o) involves in acts as part of armed resistance by groups or individuals against law enforcement agencies; or

                   (p) involves in dissemination, preaching ideas, teachings and beliefs as per own interpretation on FM stations or through any other means of communication without explicit approval of the Government or its concerned departments.

3.       Amendment of Section 7, Act XXVII of 1997.--In the said Act,--

(i)      Section 7 shall be re-numbered as sub-section (1) of that section and in sub-section (1) re-numbered as aforesaid, in clause (e) and clause (f), the words "and shall also be liable to forfeiture of property" shall be omitted; and

(ii)     after sub-section (1) re-numbered and amended as aforesaid the following new sub-section shall be added, namely,—

          "(2) An accused, convicted of an offence under this Act shall be punishable with imprisonment of ten years or more, including the offences of kidnapping for ransom and hijacking shall also be liable to forfeiture of property.".

4.       Amendment of Section 11-B, Act XXVII of 1997.—In the said Act, in Section 11B, in sub-section (1), in clause (c), for the full stop, at the end, a colon shall be substituted and thereafter the following proviso shall be inserted, namely:

"Provided that if any or all office bearers, activists or associates of a proscribed organization form a new organization under a different name, upon suspicion about their involvement in similar activities, the said organization shall also be deemed to be a proscribed organization and the Government may issue a formal notification of its proscription.".

5.       Amendment of Section 11E, Act XXVII of 1997.—In the said Act, in Section 11-E, after sub-section (1), the following new sub-section shall be inserted, namely:—

"(1A) Upon proscription of an organization if the office bearers, activists, or the members or the associates of such organization are found continuing the activities of the proscribed organization, in addition to any other action under this Act or any other law for the time being in force to which they may be liable,—

(a)     they shall not be issued any passport or allowed to travel abroad;

(b)     no bank or financial institution or any other entity providing financial support shall provide any loan facility or financial support to such persons or issue the credit cards to such persons ; and

(c)     the arms licenses, if already issued, shall be deemed to have been cancelled and the arms shall be deposited forthwith in the nearest Police Station, failing which such arms shall be confiscated and the holders of such arms shall be liable for the punishment provided under the Pakistan Arms Ordinance, 1965 (WP-XX of 1965). No fresh license, to such persons for any kind of weapon, shall be issued".

6.  Insertion of new sections, Act XXVII of 1997.—In the said Act, after Section 11EEE, the following new sections shall be inserted, namely:—

"11EEEE. Preventive detention for inquiry.—(1) The Government may, for a period not exceeding thirty days and after recording reasons thereof, issue order for the preventive detention of any person who has been concerned in any offence under this Act relating to national security and sectarianism or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned, for purposes of inquiry:

          Provided that the Anti-terrorism Court may, for reasons to be recorded, grant extension in the period of detention for upto thirty days at a time, but the total period of detention shall not exceed ninety days.

(2) The inquiry under sub-section (1) may be conducted by a police officer not below the rank of Superintendent of Police or through a Joint Interrogation Team (JIT) to be notified by the Government comprising a police officer not below the rank of Superintendent of Police and officers of other investigation agencies and the powers of the inquiry officer will be vested as per Section 5 of the Federal Investigation Agency Act, 1974 (VIII of 1975).

(3) The detenue shall be produced in camera before the presiding officer of the court or in his absence before the District and Sessions Judge or the Magistrate appointed under the Shariah Nizam-e-Adl Regulation, 2009, within twenty-four hours of his detention, and before the presiding officer of the court if and when any extension in the period of detention is requested.

(4)     During inquiry the concerned police officer not below the rank of Superintendent of Police or equivalent officer of the law enforcement agencies or the members of Joint Interrogation Team (JIT) as the case may be, shall have all the powers relating to search, arrest of persons and seizure of property, and other relevant material connected with the commission of offence and shall have all the powers as a Police Officer has in relation to the investigation of offences under the Code or any other law for the time being in force:

          Provided that the detenue shall be kept in a detention centre so notified by the Government and the presiding officer of the court or the Magistrate, as the case any be referred in sub-section (3) shall have the authority to inspect the detention centers to ensure that the custody is in accordance with the law for the time being in force.

11EEEEE. Prohibition on disposal of property.—(1) If during the course of inquiry or investigation, the police officer not below the rank of Superintendent of Police or the Joint Investigation Team, as the case, may be has sufficient evidence to believe that any property which is subject matter of the inquiry or investigation is likely to be removed transferred or otherwise disposed of before an order of the appropriate authority for its seizure is obtained, such officer or the team may, be order in writhing, direct the owner or any person who is, for the time being, in possession thereof not to remove, transfer or otherwise dispose of such property in any manner except with the previous permission of such officer or the team, as the case may be, and such order shall be subject to any order made by the Court having jurisdiction in the matter.

(2)  Any contravention of an order made under sub-section (1) shall be punishable with rigorous imprisonment for a term which may extend to two years, or with fine, or with both.".

7.  Amendment of Section 11-O, Act XXVII of 1997.—In the said Act, in Section 11-O,—

(a)     after the word "the" occurring for the first time, the words "Federal Government or" shall be inserted; and

(b)     in the proviso for the full stop, at the end, a colon shall be substituted and thereafter the following explanation shall be inserted, namely:

          "Explanation.—The authorized officer under this section shall not be less than an officer of the rank of Superintendent of Police or equivalent.".

8.       Amendment of Section 11-Q, Act XXVII of 1997.—In the said Act, in Section 11Q, after sub-section (6), the following new sub-section shall be added, namely:

"(7)    A person other than an accused, claiming the ownership or interest in any property or assets, suspected to be terrorist property, may within a period of fifteen days of freezing of account or of taking into possession or control of such property or assets, as the case may be or within such extended period as the court may, for reasons to be recorded, allow file his claim before the court. The court after giving notice to the prosecution and hearing the parties, shall decide the claim.".

9.       Amendment of Section 11W Act, XXVII of 1997.—In the said Act, in Section 11W, in sub-section (1),—

(a)     after the words "video-cassettes", the words and commas " or any form of data, storage devise, FM radio station or by any visible sign" shall be inserted;

(b)     after the word "method", the words "or means of communication" shall be inserted; and

(c)     after the word "which" the words "glorifies terrorists or terrorist activities or" shall be inserted.

10.     Amendment of Section 12 Act, XXVII of 1997.—In the said Act, in Section 12,—

(a)     in sub-section (1), after the word "Province" the words "or the Islamabad Capital Territory" shall be inserted; and

(b)     in sub-section (3), after the word "Province" the words "or the Islamabad Capital Territory" shall be inserted.

11.     Amendment of Section 13, Act XXVII of 1997.—In the said Act, in Section 13, in sub-section (1), for the word brackets and figures " referred to in sub-section (2) and sub-section (3) of Section 39A" the words " under this Act" shall be substituted.

12.     Amendment of Section 19, Act XXVII of 1997.—In the said Act, in Section 19,—

(a)     for sub-section (1), the following shall be substituted, namely:—

          "(1) The offences under this Act shall be investigated by a police officer not below the rank of inspector. The Government, if deems necessary, may constitute a Joint Investigation Team (JIT) of the officers from other law enforcement agencies including intelligence agencies for assisting the Investigating Officer. The Investigating Officer or the JIT shall complete the investigation in respect of cases triable by the court within thirty working days and forward a report under Section 173 of the Code directly to the court:

                    Provided that, where investigation is not completed within a period of thirty days from the date of recording of the first information report under Section 154 of the Code the Investigation Officer or the JIT shall, within three days after expiration of such period, forward to the court through the Public Prosecutor, an interim report under Section 173 of the Code, stating therein the result of investigation made until then and the Court shall commence the trial on the basis of such interim report, unless, for reasons to be recorded, the court decides that the trial may not so commence." ;

(b)     after sub-section (1), substituted as aforesaid, the following new sub-section shall be inserted, namely:—

          "(1A) Notwithstanding anything contained in any other law for the time being in force, the Federal Government may, in respect of any case registered by or under investigation with, the Police or any other investigation agency or authority, by order in writing, entrust inquiry or such investigation to such agency or authority as it may deem fit and thereupon the Police, or any other investigation agency or the authority shall transfer the record of the case to such agency or authority."; and

(c)     in sub-section (10) in the first proviso, for the words "three national daily newspapers out of which one shall be in Urdu language" the words "in one daily newspaper including Sindhi language" shall be substituted.

13.     Insertion of new section, Act XXVII of 1997.—In the said Act, after Section 19, the following new section shall be inserted, namely:—

"19-A. Mode of making searches and arrest.—The provisions of the Code, except that of Section 103, shall mutatis mutandis, apply to all searches and arrest by police officer and an officer of equivalent rank of the law enforcement agencies made under this Act.".

14.     "Amendment of Section 21D, Act XXVII of 1997.—In the said Act, in Section 21D, in sub-section (5),—

(i)      in clause (a), after the word "required" the words "including very high bail sureties" shall be inserted; and

(ii)     in clause (b), after the word "crime", the comma and words", including surveillance of the person granted bail to monitor his activities and requiring him to report to the concerned police station at specified intervals as determined by the court" shall be inserted.".

15.     Amendment of Section 21E, Act XXVII of 1997.—In the said Act, in Section 21E.—

(a)     in sub-section (1), after the words “not less" the words "fifteen days and not more" shall be inserted;

(b)     in sub-section (2), in the proviso for the word "thirty" the word "ninety" shall be substituted; and

(c)     in sub-section (3), for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:—

                    "Provided that the Magistrates appointed under the Shariah Nizam-e-Adl Regulation, 2009 shall also have the same powers as given to a court under this section.".

16.     Insertion of Section 21EE, Act XXVII of 1997.—In the said Act, after Section 2IE, the following new section shall be inserted, namely:—

"21EE Power to call information etc.—(1) The Superintendent of Police during the course of investigation or an equivalent officer of security forces operating in aid of civil power under Sections 4 and 5, may by an order in writing, on the request of the Joint Investigation Team,—

(a)     call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made there under;

(b)     require any person to produce or deliver any document or thing useful or relevant to the inquiry or investigation;

(c)     examine any person acquainted with the facts;

(d)     with the permission of the Anti-terrorism Court, require any bank of financial institution, notwithstanding anything contained in any other law for the time being in force, to provide any information relating to any person, including copies of entries made in the bank's or a financial institution's book, including information of transactions saved in electronic or digital form which are reasonably believed to be connected with commission of an offence under this Act and the keeper of such books or records shall be obliged to certify the copies in accordance with law; and

(e)     require information or obtain record of telephone and mobile phone data, e-mail, MMS and CNIC and encrypted messages or any other information suspected to be linked in any manner with commission of an offence under this Act, from any service provider company of department.

(2)     The copies obtained, information received or evidence collected in pursuance of clauses (d) and (e) of sub-section (1) shall be kept confidential and shall not be divulged to any un-authorized person or used for any purpose other than the legal proceedings under this Act.

(3)     Any contravention of an order made under sub-section (1) shall be punishable with imprisonment which may extend to two years or with fine which may extend to one hundred thousand rupees or with both".

17. Amendment of Section 21F, Act XXVII of 1997.—In the said Act, in Section 21F,—

(a)     the words and comma "other than a child," and the comma and words "unless granted by the Government" shall be omitted.

(b)     for the full stop at the end, a colon shall be substituted and thereafter the following proviso shall be inserted, namely:—

          "Provided that in case of a child convicted and sentences for an offence under this Act, on satisfaction of Government, may be granted remission, as deemed appropriate.".

18.     Amendment of Section 21G, Act XXVII of 1997.—In the said Act, in Section 21G, for the full stop, at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely:—

"Provided that the Courts of Zila Qazi or Azafi Zila Qazi established under the Shariah Nizam-e-Adl Regulation, 2009 shall deemed to be the court and shall try all cases so assigned to them by the administrative judge designated under sub-section (2) or sub-section (4) of Section 13, as the case may be."

19.     Amendment of Section 25, Act XXVII of 1997.—In the said Act, in Section 25;—

(a)     in sub-section (3), for the word "seven" the word "fifteen" shall be substituted; and

(b)     in sub-section (4), for the word "fifteen" the world "thirty" shall be substituted.

20.     Insertion of new Section 27A, Act XXVII of 1997.—In the said Act, after Section 27, the following new section shall be inserted, namely:—

"27A Presumption of proof against accused.—Any person having in possession any explosive substance with or without explosive devices without lawful justification or having been unlawfully concerned with such explosive substance and devices, shall be presumed, unless contrary is proved, that the explosive substance was for the purpose of terrorism.".

21.     Amendment of Section 28, Act XXVII of 1997.—In said Act, in Section 28, after the word "concerned" the words "on the application of any party to the proceedings" or on the application of the Federal Government or a Provincial Government shall be inserted.

22.     Substitution of Section 35, Act XXVII of 1997.—In the said Act, for Section 35 the following shall be substituted, namely:—

"35. Powers to make rules.—The Federal Government or a Provincial Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act."

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ACT NO XII OF 2013

DEFENCE HOUSING AUTHORITY ISLAMABAD ACT, 2013

An Act to provide for establishment of Defence Housing Authority Islamabad

[Gazette of Pakistan, Extraordinary, Part-I, 19th March, 2013]

No. F. 9(7)/2013-Legis:—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 16th March, 2013, is hereby published for general information:—

WHEREAS it is expedient to establish Defence Housing Authority Islamabad for the purpose and object of carrying out schemes and projects of land development, inter-alia for welfare of the bereaved families of martyrs, war injured, disabled and other persons of the defence forces of Pakistan to boost their morale; to provide financial security in recognition of their selfless services for the defence of the nation; and to provide for ancillary matters;

It is hereby enacted as follows:—

1.       Short title, extent and commencement.—(1) This Act may be called the Defence Housing Authority Islamabad Act, 2013.

(2)     It extends to the specified area in Islamabad Capital Territory.

(3)     It shall come into force at once and shall be deemed to have taken effect on and from the 15th August, 2010.

2.       Definitions.—In this Act, unless there is anything resurgent in the subject or context,—

(a)     "Administrator" means the Administrator appointed under Section 8;

(b)     "Authority" means the Defence Housing Authority Islamabad established under Section 3;

(c)     "Chairman" means Chairman of the Governing Body;

(d)     "Executive Board" means Executive Board constituted under this Act;

(e)     "Governing Body" means Governing Body constituted under Section 4;

(f)      "Government" means the Federal Government;

(g)     "member" means a member of the Authority and includes the Chairman;

(h)     "prescribed" means prescribed by rule or regulations made under this Act;

(i)      "President" means President of the Executive Board;

(j)      "project" means any project of development of land undertaken or planned by the Authority in the specified area;

(k)     "Scheme” means any scheme, plan, facility or project for development of land for residential or commercial use undertaken, planned or made and approved by the Authority under this Act;

(l)      "Secretary" means Secretary of the Authority;

(m)    "specified area" means all land owned, purchased or procured by or vested in or leased to the Army Welfare Housing Scheme or the Defence Housing Authority Islamabad constituted under any law before the commencement of this Act in Islamabad Capital Territory and such other land as may, from time to time, be purchased or procured by or leased to the Authority in Islamabad Capital Territory and notified by the Government; and

(n)     "Vice-President" means Vice-President of the Executive Board.

3.       The Authority.—(1) There shall be established an Authority to be known as Defence Housing Authority Islamabad for carrying out purposes of this Act.

(2)     The Authority shall be a body corporate having perpetual succession and common seal with power to purchase, procure, sell, exchange, hold and dispose of property and shall by the said name, sue and be sued.

(3)     The head office of the Authority shall be at Islamabad.

(4)     While designing, planning and executing a scheme in the specified area, the Authority shall adhere to the master plan of Islamabad and ensure that all public roads and revenue paths leading to and from the adjoining areas and access to graveyards shall, as far as possible, be maintained and no change or alteration shall be made in such roads, paths or access except with prior approval of the Government.

(5)     Subject to the financial viability of a Scheme, the Authority shall reserve in a scheme in the specified area at least fifty per-cent quota for the bereaved family of the martyrs, war injured, disabled and junior ranks from sepoys to junior commissioned officers of the defence forces of Pakistan.

4.       Governing Body.—(1) The general administration, supervision and control of the affairs of the Authority shall vest in the Governing Body, which shall consist of,—

(a)     Secretary, Ministry of Defence;             Chairman

(b)     Adjutant General Pakistan Army;           Vice-Chairman

(c)     a serving or retired Major General of
Pakistan Army to be nominated by the
Chief of Army Staff:                              Member

(d)     Chief Commissioner, Islamabad;           Member

(c)     Administrator;                                        Member

(f)      Chairman, Capital Development
Authority; and                                        Member

(g)     Secretary.                                               Member-cum-Secretary

(2)     The Governing Body shall,—

(a)     review progress and activities of the Authority;

(b)     lay down policy for guidance of the Executive Board;

(c)     consider and approve budget and audit reports of the Authority; and

(d)     transact such other business of the Authority as the Executive Board may place before it.

5.  Executive Board.—(1) There shall be an Executive Board which shall exercise such administrative executive and financial powers of the Authority and do all such acts and functions as the Governing Body may delegate or assign to it.

(2)  The Executive Board shall consist of,—

(a)     Adjutant General, Pakistan Army ;         President

(b)     a serving or retired Major General
of Pakistan Army to be nominated by
the Chief of Army Staff;                        Vice-President

(c)     Administrator;                                        Member

(d)     Secretary of the Authority to be
appointed by the President; and             Secretary

(e)     two residents of Schemes of the
Authority                                                Co-opted
                                                               Members

(3)  The Government shall, for a period not exceeding five years at a time, appoint the co-opted members in accordance with the regulations but they shall serve during the pleasure of the Government.

(4)  In the performance of its functions, the Executive Board shall comply with the directions of Governing Body.

6.  Powers and functions of Executive Board.—(1) Subject to all applicable laws and provisions of this Act, the Executive Board may take such measures and exercise such powers as may be necessary for proper planning and development of the specified area and for carrying out purposes of this Act.

(2)  Without prejudice to the generality of the foregoing powers, the Executive Board may, in accordance with all applicable laws, rules and regulations,—

(a)     purchase, procure, hold, manage, reclaim and take possession of any property in the specified area;

(b)     prepare, plan, develop, notify, execute, implement, maintain, manage and regulate any scheme in the specified area;

(c)     enter into contracts, arrangements, joint ventures, and agreements with any person, for preparation, planning, development, execution, implementation and maintenance of schemes in the specified area and for carrying out purposes of this Act;

(d)     incur any expenditure and procure plant, machinery, equipment, instrument and necessary materials;

(e)     carry out, maintain, arrange, manage and provide all facilities, services and utilities, including water, electricity, gas and sewerage in schemes in the specified area so as to ensure that the property is maintained up to the required standards for benefit of the residents;

(f)      plan, approve and execute mergers and amalgamations with other housing schemes or cooperative housing societies subject to approval of the competent authorities of those housing schemes or housing societies for merger and amalgamation;

(g)     impose, vary and recover development charges and transfer fees in respect of any land within any scheme in the specified area;

(h)     lease, purchase procure, sell, exchange, mortgage, rent out or otherwise dispose of any property vested in the Authority;

(i)      cancel or re-plan any scheme or part thereof in the specified area;

(j)      apply for acquisition of land to the Government for initiation and completion of process of land acquisition in accordance with the law governing land acquisition; and

(k)     do all such acts deeds and things that may be necessary or expedient for the purpose of proper preparation, planning, development, execution, implementation, management and maintenance of residential and commercial facilities in the schemes in the specified area.

(3)     The Executive Board shall meet as and when required or considered necessary by the Administrator, in consultation with the President.

(4)     The Executive Board shall transact such business at a meeting as the Administrator may place before it:

Provided that the Defence Housing Authority shall obtain N.O.C from civic amenities providing agencies who are responsible for supply of services like water, sewerage and sanitation etc, and civic utilities like electricity, gas and telephone etc. working as autonomous bodies.

7.       Powers of the Executive Board to borrow.—Subject to the Government's rules and guidelines, the Executive Board may obtain loans for the purposes of generating capital for its schemes.

8.       Administrator.—(1) The Chief of Army Staff shall nominate a person not below the rank of serving or retired Brigadier of Pakistan Army, as Administrator of the Authority.

(2) The Administrator shall be the chief executive officer of the Authority.

9.       Powers and functions of the Administrator.—(1) Subject to provisions of this Act and the regulations, the Administrator shall exercise all executive powers of the Authority, delegated to him or otherwise, in accordance with the policy laid down by the Governing Body and the directions or decisions of the Executive Board.

(2)  The Administrator may, either by himself or through any officer appointed by the Executive Board in this behalf, carry on the correspondence and shall sign, verify, pursue and file all pleadings and such other documents on behalf of the Authority, in any suit, appeal, petition and proceedings which may be instituted, prepared and filed by or against the Authority in or before any court, tribunal or authority.

(3)     The Administrator may, with approval of the Executive Board, delegate any of his specified powers to any of his sub-ordinate staff, including but not limited to sign contracts, pleadings or any other legal instruments on behalf of the Authority.

(4)     Subject to conditions of delegation of the authority, the authorized officer shall exercise the power of signing the instrument after its approval by the Executive Board or, as the case may be, the Administrator.

10.     Meetings.—(1) The Governing Body shall meet at least once each year on such date, time and place as may be fixed by the Chairman.

(2)     The Chairman and, in his absence, the most senior member of the Governing Body shall preside over meetings of the Governing Body.

(3)     The President and, in his absence, the most senior member of the Executive Board shall preside over meetings of the Executive Board.

(4)     The quorum of a meeting of the Governing Body or the Executive Board shall be a majority of the total membership.

(5)     The Secretary shall record, maintain and keep the minutes of meetings of the Governing Body and the Executive Board.

11.     Appointments.—The Executive Board may, in such manner and on such terms and conditions as may be prescribed, appoint such officers, functionaries, employees, staff, experts, consultants and advisers as may be necessary for purposes of this Act.

12.     Annual report and accounts.—As soon as may be after conclusion of a financial year but before the 31st day of December, the Executive Board shall in respect of the said financial year, submit to the Governing Body a general report on its affairs including accounts, balance sheet and audit.

13.     Delegation of powers.—Subject to this Act and the specified conditions, the Governing Body, the Executive Board and the Administrator may, by order in writing, delegate to any person to exercise any of their powers and perform such functions and duties as may be specified in the order.

14.     Committees.—The Governing Body and the Executive Board may constitute such committees and assign to them such functions as may be necessary for efficient performance of their respective functions.

15.     Authority Fund.—(1) There shall be a fund to be known as the Defence Housing Authority Islamabad Fund which shall vest in the Authority and to which shall be credited all moneys received by the Authority.

(2)     The fund shall be kept in a scheduled bank or financial institution and shall be utilized and regulated in such manner as may be prescribed.

(3)     The funds may, with approval of the Executive Board, be invested in any banking, financial or non-banking financial institution.

16.     Budget, audit and accounts.—The budget of the Authority shall be approved by the Governing Body and its accounts shall be maintained and audited in such manner as may be prescribed.

17.     Power to cancel allotment.—The Executive Board may cancel revoke or rescind any allotment, transfer, licence lease or agreement in respect of any plot or housing unit in a scheme in the specified area if the allottee, transferee, licensee or lessee fails to pay the dues or installments, including development charges, in respect of such plot or housing unit within three months from the date of receipt of the demand notice in writing or within such extended time as the Governing Body or the Executive Board may, in special cases, fix and thereupon the plot or the housing unit, with or without construction thereon, shall be resumed and shall vest in the Authority.

18.     Conversion of property to a different use.—(1) If a person converts without previous written approval of the Authority, any property in a scheme in the specified area to a use or purpose other than the one provided under the scheme, such person shall be liable to fine which may extend to two thousand rupees per day from the date of the conversion of the property till the default continues.

(2)  The Authority shall not impose the fine under sub-section (1) unless the person concerned is afforded an opportunity of being heard.

19.     Removal of building erected or used in contravention of the Act.—(1) If any land is used or building, structure, work on land is erected, constructed or used in contravention of the provisions of this Act or any regulations or orders made thereunder, or in contravention of the Scheme or without the permission of the Authority, the Authority or any person authorized by it in this behalf, may, by order in writing, require the owner, occupier, user or person in control of such land, building, structure, work on land to remove, demolish or alter the building, structure or work or to use it in such manner as may bring such erection, construction or use in accordance with the provisions of this Act.

(2)  If an order under sub-section (1), in respect of any building, structure work or land is not complied with in such time, as may be specified therein, the Authority or any person authorized by it in this behalf, may, after giving the person concerned an opportunity of being heard, remove, demolish or alter the building, structure or work, or stop the use of the land, or seal the building, premises and in so doing, may use such force as may be necessary and may also recover the cost thereof from the person responsible for the erection, construction, or use of the building, structure, work or land.

20.     Power to make regulations.—(1) The Governing Body may, for carrying out the purposes of this Act, make regulations, not inconsistent with this Act or any other law, rules, regulations or bye-laws for the time being in force in the Specified Area.

(2)  The Executive Board may, with the prior approval of the Governing Body, frame regulations relating to the terms and conditions of service of employees, staff and consultants of the Authority.

21.     Act not to override other laws.—The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.

22.     Transfer and savings.—(1) After, on the repeal of the Defence Housing Authority Islamabad Ordinance, 2010 (XV of 2010) and on commencement of this Act, to the extent of Specified Area in Islamabad Capital Territory;

(a)     all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash and bank balances, reserve funds, investments and all other interests and rights in or arising out of such property and all liabilities and obligations of whatever kind of the Defence Housing Authority Islamabad established before this Act, shall be transferred to and vested in the Authority;

(b)     all contracts and agreements entered into, all rights acquired and all matters and things agreed to be done by, with or for the Defence Housing Authority Islamabad established before this Act, shall be deemed to have been entered into, acquired or agreed to be done by, with or for the Authority;

(c)     all leases executed and all grants made and all lands vested in the name of the Defence Housing Authority Islamabad established before this Act, shall be deemed to be leases executed, grants made and property vested in the name of the Authority;

(d)     all contracts, projects, schemes, work (whether in progress or not) and all guarantees, undertakings, obligations, liabilities and mortgages, executed or subsisting in the name of the Defence Housing Authority Islamabad established before this Act, shall be deemed to be contracts, projects, schemes, works, guarantees, undertakings, obligations, liabilities and mortgages of the Authority;

(e)     all pending disputes in respect of the Defence Housing Authority Islamabad established before this Act, shall stand transferred to this Authority and be decided by the Administrator and any party aggrieved by his decision shall have the right of appeal to the Executive Board whose decision thereon shall be final;

(f)      all suits, petitions and other legal proceedings instituted by or against the Defence Housing Authority Islamabad established before this Act, shall be deemed to be suits, petitions, and proceedings by or against the Authority;

(g)     all allotments and transfers of plots, whether residential, commercial or otherwise, made by the Defence Housing Authority Islamabad established before this Act, shall be deemed to be allotments and transfers made by the Authority; and

(h)     all bye-laws and regulations in force immediately before the commencement  of  this  Act  made   by   the   Defence


          Housing Authority Islamabad established before this Act, shall continue to remain in force until, altered or repealed by regulations made under this Act.

(2)  Notwithstanding anything contained in sub-section (1), the Executive Board may:

(a)     alter the area of any plot involving duplicate allotments and re-allot the same in such manner as it may consider appropriate; and

(b)     pass such order in respect of transfer of plot involving duplicate allotments as it may deem fit.

23.     Appeal.—Any person aggrieved by an order of cancellation under Section 17, or imposition of fine under Section 18, or an order under Section 19, or an order of the Executive Board under Section 22 may, within 15 days of the communication of the order, file an appeal before the Governing Body, whose decision shall be final.

24.     Validation.—All actions done or taken by the Defence Housing Authority Islamabad before the commencement of this Act shall be deemed to be validly done or have been taken to the extent they are consistent with this Act.

25.  Removal of difficulty.—If any difficulty arises in giving effect to any provision of this Act, the Government may, within one year of the commencement of this Act, give such directions, not inconsistent with the provisions of the Act, as it may consider necessary for the removal of such difficulty.

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RULES, 2013

PAKISTAN LEGAL PRACTITIONERS & BAR COUNCILS (AMENDMENT) RULES, 2013

[Gazette of Pakistan, Extraordinary, Part-I, 8th March 2013]

S.R.O. 184(I)/2013, dated 7.3.2013.—In exercise of the powers conferred by Section 55 of the Legal Practitioners & Bar Councils Act, 1973 (XXXV of 1973) and other enabling provisions in this behalf, the Pakistan Bar Council hereby makes and notifies the following amendments in the Pakistan Legal Practitioners & Bar Councils Rules, 1976:

1.       Short title and commencement:

(i)      These Rules may be called the “Pakistan Legal Practitioners & Bar Councils (Amendment) Rules, 2013”.

(ii)     They shall come into force at once.

2.       Amendment of Rule 108B:

The following new clause (I) may be added after existing clause (k) of Rule 108B:—

"(1) Certificate/Result Card issued by the National Testing Service (NTS) or any other authority duly notified by the Pakistan Bar Council, as to applicant's having passed the Assessment Test. The National Testing Service (NTS) shall hold the Assessment Test twice in a year."

3.  Amendment of Rule 108C:--

(a)     Before existing first proviso to Rule 108C (1) the following new proviso may be inserted:--

          "Provided that before commencing the pupilage and filing intimation to the Provincial Bar Council concerned the applicant must undertake and pass an Assessment Test as mentioned in Rule 108B(l). The applicant may apply to the National Testing Service (NTS) or any other authority duly notified by the Pakistan Bar Council, to appear in the Assessment Test after passing the L.L.B. examination and will be afforded three chances to qualify the Assessment Test."

(b)     The word "also" between the words "Provided" and "that" may be inserted in existing first proviso.

---------------------------

ACT No. III OF 2013

TRADE DEVELOPMENT AUTHORITY OF PAKISTAN ACT, 2013

An Act to provide for establishment of the Trade Development Authority of Pakistan

[Gazette of Pakistan, Extraordinary, Part-I, 25th February, 2013]

No. F. 9(19)/2012-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 22nd February, 2013, is hereby published for general information:—


WHEREAS it is expedient to provide for the development and promotion of exports of Pakistan;

AND WHEREAS there is a need to provide a dedicated effective and empowered organization within the Ministry of Commerce responsible and accountable for maximization of exports;

AND WHEREAS there is a need to provide effective support and structured interaction with stakeholders in formulation of consistent, practical and effective trade policies, regulations and trade development initiatives;

AND WHEREAS there is a need for establishing greater clarity of institutional arrangements and linkages for purposes of policy formulation and the development of initiatives and implementation thereof amongst the Ministry of Commerce, trade development organizations and the private sector;

It is enacted as follows:—

CHAPTER-I
PRELIMINARY

1.       Short title, extent and commencement.—(1) This Act may be called the Trade Development Authority of Pakistan Act, 2013.

(2)     It extends to the whole of Pakistan.

(3)     It shall come into force at once.

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

(a)     "Authority" means the Trade Development Authority of Pakistan established under Section 3;

(b)     "Board" means the Trade Development Authority of Pakistan Board established under Section 12;

(c)     "Chairman" means the Chairman of the Board;

(d)     "Chief Executive" means the Chief Executive of the Authority appointed under Section 5;

(e)     "civil servant" means a civil servant as defined in the Civil Servants Act, 1973 (LXX1 of 1973);

(f)      "Commerce and Trade Group" means the Commerce and Trade Group created under the Administrative Reforms of 1973 vide Establishment Division's O.M. No.6/2/75-ARC, dated the 8th May, 1975;

(g)     "Commerce and Trade Group officer" means civil servant belonging to the Commerce and Trade Group of the civil service of Pakistan;

(h)     "committee" means a committee of the Board constituted under Section 15;

(i)      "critical success factors" means factors which are critical to the achievement of the performance desired by the Authority;

(j)      "Directors-General" means the Directors General of the Authority;

(k)     "EMDF" means Export Marketing Development Fund established through Resolution No. P5(5)/65, dated the 22nd January, 1966;

(l)      "EMDF Board" means the EMDF Board set up under Resolution No. P5(5)/65, dated the 22nd January, 1966;

(m)    "employee" means any officer or servant of the Authority;

(n)     "Executive Committee" means Executive Committee of the Board formed under sub-section (8) of Section 12;

(o)     "exporter" means any individual or entity exporting goods or services;

(p)     "Export Promotion Bureau" means the Export Promotion Bureau established vide Ministry of Commerce Order No. 28(19)-CEI/63, dated the 14th December, 1963;

(q)     "Fund" means the fund established under Section 23;

(r)      "key performance indicators" means indicators that serve to measure performance of the Authority;

(s)      "member" means a member of the Board;

(t)      "prescribed" means prescribed by rules or regulations;

(u)     "private sector person" means a person who is not in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Federal Government or a Provincial Government including an officer of Chambers of Commerce and Industry and other trade bodies, a university or an educational institution;

(v)     "regulations" means the regulations made under this Act;

(w)    "resolution" means the EMDF Resolution No.P5(5)/65, dated the 22nd January, 1966;

(x)     "rules" means the rules made under this Act;

(y)     "Secretary" means the Secretary of the Authority appointed under Section 6;

(z)     "sectoral" means the sectoral board; and

(za)    "supply chain management" means all activities, policies, and regulations etc. undertaken by the public or private sectors that impact upon production of goods and the provision of services for exports and imports which shall include but not be limited to, the sourcing of materials, production, logistics, infrastructure, financing, human resources, productivity, technology, environment and up to the delivery of finished goods to the port of destination.

CHAPTER-II
THE AUTHORITY

3.  Establishment of the Authority.—(1) An Authority to be called the Trade Development Authority of Pakistan is hereby established under administrative control of the Ministry of Commerce.

(2)     The Authority shall be a body corporate have perpetual succession and a common seal with powers, subject to the provisions of this Act, to enter into contracts, acquire, purchase, hold and dispose of both movable and immovable property including mortgage thereof and shall by its name sue or be sued.

(3)     The Authority shall comprise the Chief Executive, the Secretary and such number of officers of the Authority as determined by the Board and shall function in accordance with the rules.

(4)     All assets, liabilities, inclusive of, but not limited to, intellectual property of Export Promotion Bureau shall stand transferred to the Authority on the commencement of this Act.

(5)     The Authority shall have exclusive right to have and use all emblems, motto, logo, decorations, descriptive or designating marks and title now used by the Authority, the name "Trade Development Authority of Pakistan" or any similar grammatical variation thereof. The Authority shall also have exclusive right to use any emblems, motto, logo, decorations, descriptive or designating marks or titles hereafter adopted by the Board for carrying out its objectives.

4.       Regional offices of the Authority.—The Authority may, with prior approval of the Board, establish and close down its offices at such places in Pakistan as it considers necessary.

5.       Chief Executive.—(1) There shall be a Chief Executive of the Authority who shall be appointed by the Federal Government.

(2)     The tenure of the Chief Executive shall be three years extendable by the Federal Government. The Chief Executive shall, however, serve at the pleasure of the Federal Government.

(3)     The Chief Executive shall be a person of high integrity, in full time employment of the Authority and shall have relevant professional qualifications, relating to domestic and international trade, expertise, experience and knowledge of local and international markets and with a successful track record.

(4)     The Chief Executive shall be the principal accounting officer and shall, together with the Secretary, Directors General and any other officer nominated by the Board, be responsible for the management of all affairs of the Authority and achievement of desired objectives. Subject to the rules made by the Authority, the Chief Executive shall be assisted by other sub-ordinate officers and servants in carrying out the functions of the Authority. The Chief Executive shall report to the Board on all matters including those delegated by him to the sub-ordinate officers in the Authority.

(5)     The Chief Executive shall be paid such remuneration as may be prescribed by the Federal Government.

6.       Secretary.—(1) There shall be a Secretary of the Authority in BPS-21 or above of the services of the Federation who shall be appointed by the Federal Government.

(2)     The Secretary shall report to the Chief Executive. The Chief Executive and Secretary shall, together with the Directors General and any other officer nominated by the Chief Executive, be responsible for the day to day implementation of the approved plans diligently, timely and effectively. Subject to the regulations made by the Board, the Secretary shall be assisted by other sub-ordinate officers and servants in carrying out the functions of the Authority.

(3)     The salary, allowances, privileges and other facilities of the Secretary shall be prescribed by rules.

(4)     The Secretary shall provide all secretarial services to the Board.

(5)  Annual confidential report of the Secretary shall be initiated by the Chief Executive and countersigning authority shall be the Minister for Commerce.

7.       Working relationship between Chief Executive and Secretary.—In case of a dis-agreement between the Chief Executive and the Secretary on a matter of policy or an individual issue, the Secretary shall have recourse to submit the matter to the Chairman of the Board initially via the Chief Executive, and in the final resort, directly if the Chief Executive, does not refer the case to the Chairman of the Board.

8.       Human resources of the Authority.—(1) The human resources of the Authority shall comprise the following, namely:—

(a)     Commerce and Trade Group officers posted against their encadred posts;

(b)     contract employees paid from regular budget of the erstwhile Export Promotion Bureau;

(c)     contract employees paid from the EMDF in the erstwhile Export Promotion Bureau;

(d)     Government officers on deputation; and

(e)     employees in BPS-01 to 16 paid from regular budget of erstwhile Export Promotion Bureau who continue to remain civil servants.

(2)     Notwithstanding anything contained in any law, for the time being in force, any rule or regulation or administrative order or other provisions of this Act, all posts of Commerce and Trade Group presently in the Export Promotion Bureau shall stand transferred to and encadred in the Authority alongwith their legal and financial implications. The Authority may recommend to the competent authority to take disciplinary action against any such employee.

(3)     The terms and conditions of service of any person referred to in sub-section (2) shall not be varied by the Authority to his dis-advantage.

(4)     The Ministry of Commerce shall continue to be the administrative Ministry for the Commerce and Trade Group. Matters relating to postings and transfers of officers belonging to Commerce and Trade Group in the Authority shall be made in consultation with the Authority.

(5)     The Authority may, from time to time, employ persons to be employees of the Authority who shall be paid such market based remuneration and allowances in accordance with rules and regulations approved by the Board. These employees of the Authority shall hold office during the pleasure of the Authority and shall be liable to disciplinary action in accordance with the rules made hereunder.

(6)  Posting of all Government servants in BPS-17 and above, in or out of the Authority, shall be made after consultation with the Chief Executive, who shall have the right to recommend surrender of those officers back to the Federal Government.

9.       Appointment of advisers, consultants and service providers.—(1) Subject to sub-section (2), the Authority may, with prior approval of the Board, employ consultants, agents, technical, professional advisers and service providers, within or outside Pakistan, including, advertising agents, event managers, designers, business representatives, public relations persons, architects, bankers, surveyors, valuers, accountants, lawyers and persons in the field of information technology, communications, software and hardware to transact any business or to do any act required to be transacted or done in the exercise of its powers and in the performance of its functions or, for the better achievement of the purpose of this Act.

(2)  Any decision of the Authority to employ advisers, consultants and service providers shall be made exclusively and transparently by the Authority in accordance with such policy guidelines as the Board may issue from time to time.

10.     Delegation of the Authority's functions or powers.—(1) The Authority may, subject to such conditions and limitations as the Board may deem fit to impose, delegate any of its functions or powers to one or more of any officer of the Authority.

(2)  The delegation of powers under this section shall not diminish the responsibility or prevent the concurrent performance or exercise by the Authority of the functions or powers so delegated.

11.     Authority to furnish information.—The Authority shall furnish, through Ministry of Commerce, to the Federal Government, a Provincial Government or the Board, such information with respect to implementation of any policy it is pursuing or proposes to pursue in the performance of any of its functions under this Act as the Federal Government or the Board may, from time to time, require.

CHAPTER-III
THE BOARD

12.     Management.—(1) The general direction and administration of the Authority and its affairs shall vest in the Board.

(2)  The Federal Government shall establish a Board consisting of the following members, namely:—

(a)     Federal Minister of Commerce               Chairman

(b)     Chief Executive of the Authority           Vice-Chairman

(c)     Secretary, Ministry of Commerce           Member

(d)     Secretary, Ministry of Finance               Member

(e)     Secretary, Ministry of Industries            Member

(f)      Secretary, Ministry of Production           Member

(g)     Secretary, Ministry of Textile Industry   Member

(h)     Secretary, Board of Investment              Member

(i)      President of the Federation of Pakistan
Chamber of Commerce and Industries   Member

(j)      One member each, to be appointed by
the Federal Government in consultation
with the Board, from the following private
sectors, namely:—

          i.        leather and leather garments;        Member

          ii.       textile;                                          Member

          iii.      value added textiles;                     Member

          iv.      rice; and                                       Member

          v.       agriculture.                                   Member

(k)     One member each from the members
of Standing Committees of the National
Assembly and the Senate on Commerce.           Member

(3)     The Federal Government may, by notification in the official Gazette, increase or decrease the number of members of the Board and prescribe the qualification and mode of appointment of such members in such manner as it may consider necessary. The Federal Government shall have the power to appoint or remove any member of the Board as may be prescribed.

(4)     The Secretary shall serve as the secretary of the Board.

(5)     A Member, not being an ex-officio member, shall hold office for a term of three years and shall be eligible for another term of three years, provided that a member who is a retired public servant shall cease to hold office on attaining the age of sixty-five years.

(6)     A non-official ex-officio member shall hold office as member till such time as he holds the office by virtue of which he is a member and upon his transfer, retirement, resignation or removal from office, the person appointed in place of such member shall hold office for the remaining term of that member.

(7)     If an official ex-officio member is absent from Pakistan or is unable to attend a meeting of the Board he may authorize an officer not below the rank of Additional Secretary or equivalent to attend the meeting and take decisions on behalf of the member. A non-official ex-officio member may authorize his vice chairman or equivalent for the purpose in a similar situation.

(8)     The Board shall form an Executive Committee consisting of the following, members:—

(a)     Chief Executive of the Authority           Chairman

(b)     Secretary, Ministry of Finance               Member

(c)     President of the Federation of Pakistan
Chamber of Commerce and Industry     Member

(d)     three other members of the Board who
shall be from private sector                    Member

(9)     The Executive Committee shall be headed by the Chairman of the Board. The Board may, from time to time, delegate or withdraw any or all of its powers to the Executive Committee, which may take decisions on behalf of the Board. The Board may change the composition of this Executive Committee as and when required.

13.  Meetings of the Board.—(1) The Chairman shall call the meetings of the Board, which shall meet as often as may be necessary for the performance of its functions, but not less than once every three months.

(2)     The quorum for a meeting of the Board shall be the presence of at feast four official ex-officio members including the Chairman and three members from private sector. If the quorum is not present at a meeting, the Chairman shall postpone the meeting and convene a new meeting within two weeks and give notice of the date, time and place of the meeting and in such meeting the Chairman may take decisions oven if the quorum is not complete.

(3)     The decisions of the Board shall be taken by the majority of its members present. In case of a tie, the Chairman or, in his absence, the person chairing the meeting shall have a casting vole.

(4)     Any business, which may be necessary for the Board to transact urgently and decided by the Chairman, may be carried out by circulation among all its members and any proposal so circulated and approved by the majority of the members shall require the approval of the Chairman.

(5)     Subject to the provisions of this Act, the procedure and conduct of business of the Board shall be regulated by the regulations made by the Board.

14.     Board may invite others to meetings.—The Secretary of the Board may, with the approval of the Chairman, invite any person to attend any of its meetings or deliberations including any of its committees for the purpose of advising it on any matter under discussion but any person so attending shall have no right to participate in any decision or vote at the meeting or deliberations.

15.     Committees of the Board.—(1) Subject to sub-section (2), the Chairman may constitute such number of committees of the Board as it considers necessary or expedient to assist it in the performance of its functions under this Act.

(2)  Any committee constituted under sub-section (1) shall act in accordance with the regulations made by the Board and shall include at least one officer of the Authority nominated by the Chief Executive or in his absence by the Secretary.

CHAPTER-IV
CONFLICT OF INTEREST

16.     Disclosure of interest by members.—(1) A person shall be deemed to have an interest in a matter if he has any interest, pecuniary or otherwise, in such matter which could reasonably be regarded as giving rise to a conflict between his duty to honestly perform his functions under this Act and such interest, so that his ability to consider and decide any question impartially or to give any advice without bias, may reasonably be regarded as impaired.

(2)     A person having any interest in any matter to be discussed or decided by the Authority or the Board or a committee shall, prior to any discussion of the matter, disclose in writing to the Authority, the Board or a committee, as the case may be, the fact of his interest and the nature thereof.

(3)     A disclosure of interest under sub-section (2) shall be recorded in the minutes of the Authority, the Board, or a committee, as the case may be, prior to any discussion of, or decision on, the matter.

(4)     Where a member discloses his interest,—

(a)     he shall not, save as provided in sub-sections (7), (8) and (9), take part nor be present in any deliberations or decisions of the Authority, the Board or a committee, as the case may be; and

(b)     he shall be disregarded for the purpose of constitution, of a quorum of the Board, the Authority or a committee, as the case may be.

(5)     Any member or the member of a committee who fails to disclose his interest as required by this section shall, on proof of such act as may be prescribed, be liable to removal from the Board or the committee, as the case may be.

(6)     It shall be a valid defence for a person charged with the allegation of failure to disclose his interest under sub-section (5), if he proves that he was not aware of the facts constituting such allegation and that he exercised due care and diligence in discovering the facts which he ought reasonably to have known in the circumstances.

(7)     Every member shall give written notice to the Authority of all direct or indirect pecuniary interests that he has or acquires in a body corporate carrying on a business in Pakistan. The nature of such interests and the particulars thereof shall be disclosed in the annual report of the Authority.

(8)     If a member is not the Chairman and the Chairman becomes aware that a member has an interest, the Chairman shall—

(a)     consider that the member should not take part or continue to take part, as the case may require, in determining the matter and direct the member accordingly; or

(b)     in any other case, cause the member's interest to be disclosed to the persons concerned in the matter including any person whose application is pending decision or adjudication by the Authority.

(9)     The member in respect of whom a direction has been given under clause (a) of sub-section (8) shall comply with the direction.

(10)   In case the member is the chairman of a committee, he shall disclose his interest to the Chairman who shall decide the matter as may be prescribed by regulations made by the Board.

(11)   Subject to sub-section (8), the Chairman or the member or chairman of a committee who has any interest in any matter referred to in this section shall not take part or continue to take part as the case may require in determining the matter.

17.     Disclosure of interest by others.—(1) Where a person who, in the course of—

(a)     performing a function or exercising a power, as a delegatee of the Board;

(b)     performing functions or service as an employee of the Authority; or

(c)     performing a function or services in any capacity by way of assisting or advising the Authority, the Board, any Committee or any delegate of the Authority,

is required to consider a matter in which he has an interest, such person shall forthwith give to the Authority a written notice stating his interest in the matter and setting out particulars of the interest.

(2)     The person referred to in sub-section (1) shall also declare his interest in accordance with that sub-section whenever it is necessary to avoid the conflict of interest.

(3)     Where a person discloses his interest in the matter under this section, the Authority shall decide the matter as may be prescribed by regulations made by the Board.

CHAPTER-V
DISQUALIFICATION, REMOVAL, RESIGNATION AND VACANCIES

18.     Disqualification of members.—No person shall be appointed or continue as a member if he—

(a)     has been convicted of an offence involving moral turpitude;

(b)     has been or is adjudged insolvent;

(c)     is incapable of discharging his duties by reasons of physical, physiological or, mental unfitness and has been so declared by a duly constituted medical board appointed by the Federal Government;

(d)     being a member, absents himself from three consecutive meetings of the Board, without leave of the Board and in the case of a non-official ex-officio or an ex-officio member, fails to appoint another person to act as member under sub-sections (6) and (7) of Section 12, as the case may be; or

(e)     fails to disclose any conflict of interest at or within the time provided for such disclosure by or under this Act or contravenes any of the provisions of this Act pertaining to un-authorized disclosure of information.

19.     Removal, resignation and vacancies.—(1) Subject to sub-section (2), appointment of any member may, at any time, be revoked and he may be removed from his office by order of the Federal Government if it is found that such person stands disqualified under Section 18.

(2)     Unless a disqualification referred to in Section 18 arises from the judgment or order of a court or tribunal of competent jurisdiction under any relevant provision of applicable law, a member shall not be removed or his appointment revoked without an enquiry by an impartial person or body of persons constituted in accordance with such procedure, as may be prescribed by rules made by the Board in case of a member and such rules shall provide for a reasonable opportunity for him to be heard in his defence.

(3)     A member from private sector may at any time resign his office by a written notice addressed to the Federal Government through the Board.

(4)     The office of a member shall ipso facto be vacated if he dies.

CHAPTER-VI
POWERS AND FUNCTIONS

20.     Powers and functions of the Board.—(1) The Board shall be the supreme decision making body of the Authority having the power to supervise, control, direct and regulate affairs of the Authority and shall have the following functions, namely:—

(a)     to establish short, medium and long term critical success factors and key performance indicators for the Authority;

(b)     to review performance of the Authority annually including against pre agreed critical success factors and key performance indicators;

(c)     to advise the Federal Government in the Ministry of Commerce;

(d)     to consider and approve with or without modification any rules and regulations proposed to be made by the Authority under this Act;

(e)     to consider and approve with or without modification the budget for each financial year of the Authority and approve expenditure therefrom;

(f)      to express its opinion in writing on any policy matter referred to it by the Federal Government or the Authority; and

(g)     to exercise all such powers and perform all such functions as are conferred or assigned to it under this Act.

(2)     All policy decisions, including any change in previously established policy, in respect of all and any matters within the jurisdiction of the Authority shall be made only by the Board. The Board may also adopt policy recommendations of the Authority with or without modifications as the Board may deem fit in its sole discretion.

(3)     The Board shall have the authority to delegate any of its powers to Chief Executive.

(4)     The Authority shall be the secretariat of the Board.

21.  Powers and functions of the Authority.—(1) The Authority shall have all such powers as may be necessary to perform its duties and functions under this Act.

(2)     The Authority may, having regard to its functions and to exercise its powers efficiently, organize itself into divisions, departments or such other sub-divisions as it may consider expedient, with the approval of the Board.

(3)     The Authority may, having regard to its functions and to pursue the purposes of this Act efficiently, appoint and notify any committees, bodies, form entities etc. consisting of employees, persons of private sector or Government.

(4)     The Authority may, from time to time, identify matters suggesting to the Board to make policy decisions and may also make recommendations regarding policy to the Board for its consideration, provided that any matter referred to the Board by the Authority shall require prior approval of the Chief Executive, except in the case where the Chairman makes such a reference.

(5)  Without prejudice to the generality of the foregoing provisions of this section, the Authority shall perform the following functions, namely:—

(i)      to recommend to the Board a national policy for maximizing exports from Pakistan of goods and services and after approval of the Federal Government to develop strategy and plans within the policy frame work given by the Board;

(ii)     to develop a consistent, sustainable and result oriented, holistic export development plan, outlining vision, objectives, strategies and plans as approved by the Board;

(iii)    to achieve synergy in development of exports at a national level by forging effective liaison with private and public stakeholders and avoiding duplication of efforts;

(iv)    to encourage and promote research in trade and policy related studies that may facilitate in formulating an effective export policy and plans;

(v)     to plan and organize exhibitions and delegations to and from Pakistan;

(vi)    to plan and organize local, international and inter-provincial export promotional conferences, workshops, seminars etc.;

(vii)   to plan and organize foreign trade promotion through advertising in local, and international print, electronic and other appropriate media;

(viii)  to liaise with trade bodies abroad;

(ix)    to encourage and reward leading exporters from Pakistan through recognition and rewards, initiatives and incentives etc. including making recommendations to the Federal Government for export awards including civil awards;

(x)     to promote export of sectors where separate sectoral boards or bodies currently exist or will be formed in the future, notwithstanding anything contained in any other law for the time being in force;

(xi)    to examine supply chains of strategic export sectors and develop plans and initiatives for strengthening supply base including exporters' capabilities and capacities;

(xii)   to sensitise and co-ordinate through Ministry of Commerce, with concerned Ministries, Divisions and Departments, for the development of sectoral road maps;

(xiii)  to monitor progress against these plans for information of the Board;

(xiv)  to co-ordinate through Ministry of Commerce, with the Federal and Provincial Governments and related organizations, for a concerted supply chain initiative;

(xv)   to provide visa assistance to outgoing or incoming businessmen, whether Pakistani or foreign nationals, in co-ordination with the Ministry of Foreign Affairs and foreign missions in Pakistan;

(xvi)  to encourage, establish and manage where appropriate export development centers, business support units, display centers and facilities and information centers and exporters' training institutes etc.;

(xvii) to promote exporters and stakeholders' education and training of intermediaries of export related supply chain;

(xviii)          to encourage organized development of export business and related corporate and commercial sectors in Pakistan;

(xix)  to facilitate availability of finance to exporters, export oriented small and medium enterprises, risk management of exporters and international buyers, energy and infrastructure needs of exporters and related industrial areas and zones, quality management, social, environmental and security needs and generally all aspects of export facilitation etc.;

(xx)   to encourage and promote human resource development in the export sectors;

(xxi)  to encourage and promote and train new exporters;

(xxii) to promote export skill development initiatives and related matters including training initiatives and institutes;

(xxiii)          to co-ordinate, through Ministry of Commerce, with Federal and Provincial Governments agencies and organizations with a view to achieving synergies thereby minimizing duplication of effort;

(xxiv)          to pursue with respective stakeholders the development of policies, regulations and standards for the export of goods and services;

(xxv) to provide advisory support to stakeholders;

(xxvi)          to be responsible for all matters related to trade development and promotion by commercial officers posted in Pakistani missions abroad. This shall include the training, trade targets, monitoring and performance evaluation against these trade targets. The Chief Executive of the Authority shall be a member of the committee for selection of the commercial officers to be posted abroad;

(xxvii) to prepare and seek Board's approval of the annual budget;

(xxviii) to manage funds available to the Authority in accordance with rules and regulations approved by the Board;

(xxix)          to make rules for conduct of the Authority with approval of the Board including rules for the management of—

          (a)      human resources, including appointments, remuneration, appraisals, resignations, allowances, incentives etc. of all employees;

          (b)     incomes and expenses;

          (c)      procurement of goods and services;

          (d)     administrative and financial authority policies and delegation thereof; and

          (e)      employee welfare funds and initiatives;

(xxx) to have the administrative control of warehouses and other trade development entities owned by the Authority in Pakistan and abroad;

(xxxi)          to establish its own stationery and supplies and printing source independent of the Printing Corporation of Pakistan;

(xxxii) to export archives of the Authority;

(xxxiii) to use the training institutions, corporate entities and facilities etc. established by the Authority for export development purposes;

(xxxiv) to secure custody and preservation of all documents submitted to and emanating from the Authority;

(xxxv) to set up national, Provincial and sectoral trade committees;

(xxxvi) to implement directives of the Federal Government and the Board relating to export development and promotion;

(xxxvii) to prepare annual report of the Authority;

(xxxviii) to consider other matters referred to the Authority by the Federal, a Provincial Government, a Division or a Department;

(xxxix) to consider and suggest reforms of the laws, rules and regulations relating to exports;

(xl)    to perform such functions and exercise such powers under this Act or any other law for the time being in force as may, after the commencement of this Act, be delegated to it by the Federal Government and exercising any power or performing any functions conferred on it by or under any other law for the time being in force;

(xli)   to inculcate a quality assured ethic in exporters while encouraging value addition of exports;

(xlii)  to take initiatives for maintaining facilities etc. to improve the performance of exporters in the interest of generating economic activity, reducing cost of doing business and enhancing supply chain efficiency;

(xliii) to maintain the confidence of exporters by appropriate communications;

(xliv) to receive, process and store, efficiently and quickly, the documents lodged with, and the information given to, it under this Act;

(xlv)  to ensure that the documents and information referred to in clause (xiiv) are available as soon as possible for access by the public;

(xlvi) to improve existing methods and devise new options for the expeditious settlement of claims and disputes between exporters and their buyers;

(xlvii)          to promote establishment and development of professional, educational and training organizations connected with exports with a view to improving the management of export business; and

(xlviii) to promote awareness among exporters and buyers and all relevant stakeholders with respect the benefits of exports and services of the Authority and general policies of the Federal Government.

22. Supplementary provisions.—(1) All guidelines, decisions and directives whether of the Board or the Authority shall be in writing expressed by resolutions, orders or in such other form as may be appropriate in the circumstances and shall be authenticated in the manner prescribed by the regulations and where so provided by regulations, also sealed with the seal of the Authority.

(2)     All policy decisions and directives of the Board and the Authority respectively shall be published and the Board and the Authority shall make such publications available to the public.

(3)     The Authority shall, in adjudicating upon the rights of any person whose application on any matter it is required to consider in the exercise of any power or function under this Act, give the reasons for its decision after giving the person right of being heard.

CHAPTER-VII
FINANCE

23.     Fund.—(1) For the purpose of this Act, a non-lapsable Fund is, hereby, established which shall be administered and controlled by the Authority.

(2)     The Fund shall consist of—

(a)     such sums as the Federal Government may from time to time grant through non-lapsable regular budget;

(b)     grants of money and sums borrowed or raised by the Authority for the purposes of meeting any of its obligations or discharging any of its duties;

(c)     fees including fees received from parties for participation in international trade fairs and exhibitions as well as the booking of halls in Karachi Expo Centre for holding fairs, exhibitions, seminars and conferences etc,

(d)     penalties or other charges levied or collected by the Authority; and

(e)     all other sums or property which may, in any manner, become payable to or vested in the Authority in respect of any matter incidental to the exercise of its functions and powers.

(3)     The regular budget of defunct Export Promotion Bureau alongwith the EMDF, shall vest in the Board which may approve release to the Authority.

(4)     All expenditure shall be incurred in accordance with financial and administrative rules and regulations, approved by the Board.

(5)     The Authority may open and operate one account in Pak Rupees and one account in foreign currency in any scheduled bank.

24.     Budget.—The Authority shall, in respect of each financial year, prepare its own budget and submit it after obtaining approval from the Board to the Federal Government, through the Ministry of Commerce, at least four months, before the commencement of every financial year.

25.     Expenditure to be charged on the Fund.—(1) The Fund shall be expended for the purpose of—

(a)     paying any expenditure lawfully incurred by the Authority, including but not limited to the remuneration, in cash or kind, of the Chief Executive, Secretary and Director-Generals and all employees appointed and employed by the Authority including performance bonuses, provident fund contributions, super-annuaing allowances or gratuities and legal fees and costs and all other fees, expenses and costs;

(b)     paying any other expenses, costs or expenditure properly incurred or accepted by the Authority in the performance of its functions or the exercise of its powers under this Act;

(c)     purchasing or hiring equipment, hiring of premises, machinery and any other materials, acquiring land and erecting buildings and carrying out any other work and undertakings in the performance of its functions or the exercise of its powers under this Act;

(d)     repaying any financial accommodation received or moneys borrowed under this Act and the profit, return, mark-up or interest due thereon, howsoever called; and

(e)     generally, paying any expenses for carrying into effect the provisions of this Act.

(2)  Within one hundred and twenty days of its establishment, the Authority shall prepare and submit to the Board for its approval, a budget for the period up to and including the end of the then current financial year and thereafter it shall, not later than thirty days, before the expiry of each financial year, submit to the Board for approval a budget for the next financial year.

(3)     Subject to sub-section (4), no expenditure shall be made for which provision has not been made in any approved budget except if made from any previously approved funds, unless further approval is sought and obtained from the Board.

(4)     The Authority may transfer funds, with approval of the Board, from one head of account to the other but the total expenditure shall not exceed the total approved Budget. In exceptional cases a maximum of ten per cent of total budgeted expenditure may be exceeded with the prior approval of the Board.

(5)     The Authority shall act as the secretariat of the Board and provide all the necessary facilities to enable the Board to exercise its powers and perform its functions under this Act and the necessary and proper expenses in that connection shall form part of the budget of the Authority.

26.  Accounts and audit.—(1) The Authority shall maintain complete and accurate books of accounts of its actual expenses and receipts in such form as the Federal Government may after consultation with the Controller General of Accounts, direct.

(2)     The Authority shall also maintain its balance sheet, statement of income and expenditures account and statement of sources and application of funds with explanatory notes to the accounts, in accordance with international accounting standards and other standards as notified by the Federal Government for this purpose.

(3)     The Authority shall cause to be carried out audit of its accounts by the Auditor General of Pakistan.

(4)     Notwithstanding the audit provided in sub-section (3), the Auditor-General of Pakistan shall have the power to audit or cause to be audited the accounts of the Authority.

(5)     The Authority shall cause proper accounts to be kept and shall as soon as practicable after the end of each financial year cause to be prepared for that financial year a statement of accounts of the Authority which shall include a balance sheet and an account of income and expenditure.

(6)     The auditors shall make a report to the Authority, upon the annual balance sheet and accounts, and in any such report they shall state whether in their opinion the balance sheet is a full and fair balance sheet containing all necessary particulars and properly drawn up so as to exhibit a true and correct view of the affairs of the Authority and, in case they have called for any explanation or information from the Authority, whether it has been given and whether it is satisfactory.

(7)  The Authority shall, within one hundred and twenty days of the close of each financial year, submit to the Board for approval an annual report of the Authority alongwilh the report of Auditor General of Pakistan mandated under sub-section (3).

27.     Power to obtain finance, borrow money and receive grants.—(1) The Authority may, from time to time and with the approval of the Federal Government, obtain finance or borrow money from sources within Pakistan or from abroad, as the case may be, with such rate of return, profit, mark-up or interest payable thereon, as the case may be, and for such period and upon such terms as to the time and method of repayment and otherwise, in respect of any sums required by the Authority for meeting any of its obligations or performing any of its functions.

(2)  The Authority may also accept, with the approval of the Federal Government, grants, aid, loans etc. from entities both domestic and international, including multilateral agencies.

28.     Investment.—(1) Subject to sub-section (2), the Authority may, in so far as its moneys are not required to be expended under this Act, invest in such manner as the Authority considers appropriate.

(2)  The Authority may invest its money in listed securities or any derivative thereof subject to approval of the Board.

29.     Bank accounts.—The Authority may open and maintain its accounts in rupees or in any foreign currency at such scheduled banks as it may from time to time determine.

CHAPTER-VIII
GENERAL

30.     Common seal.—The Authority shall have a common seal and such seal shall be kept in the custody of the Chief Executive or such other person as may be authorized by regulations made by the Authority. Documents required or permitted to be executed under seal shall be specified in and authenticated in such manner as shall be authorized by regulations made by the Authority with approval of the Board.

31.     Public servants.—(1) The members, employees and other persons authorized to perform or exercise any function or power under this Act or rendering services to Authority as consultant or adviser shall be deemed to be employees of the Authority and their terms of employment shall be strictly governed by the regulations made by the Authority and shall be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code (Act XLV of 1860).

(2)  Save as otherwise provided by this Act and only for the purpose so provided nothing herein contained shall be construed to mean that any person referred to in sub-section (1) is or shall be deemed to be in the service of Pakistan or is to be regarded or treated as a civil servant. The provisions of this section shall not be applicable to the officers of Commerce and Trade Group, working against their encadred posts, and Government officers on deputation.

32.     Appeal to the Appellate Bench of the Board.—(1) There shall be an Appellate Bench to hear and adjudicate appeals against the decisions of the Authority.

(2)     The Appellate Bench shall consist of not less than three members of the Board who shall be appointed by the Federal Government and the decision of the Appellate Bench shall be expressed in terms of the opinion of the majority.

(3)     Any person aggrieved by the decision of the Authority, may within thirty days of the decision prefer appeal to the Appellate Bench.

(4)     Any person aggrieved by the decision of the Appellate Bench may within thirty days of the order or decision, prefer appeal to the Federal Government whose decision shall be final.

33.     Indemnity.—No suit, prosecution or other legal proceeding shall lie against the Federal Government or any Provincial Government or local authority or any other person exercising any power or performing any function under this Act or for anything which is in good faith done or intended to be done under this Act.

34.     Power of the Federal Government to issue directives.—The Federal Government may, as and when necessary, issue directives to the Authority on matters of policy and such directives shall be binding on the Authority and if a question arises as to whether any matter is a matter of policy, the decision of the Federal Government shall be final.

35.     Power to make rules.—The Authority may, with approval of the Federal Government in the Ministry of Commerce by notification in the official Gazette, make rules for the purpose of this Act.

36.     Power to make regulations.—The Board may, by notification in the official Gazelle, make regulations, not inconsistent with the provisions of this Act and rules, for carrying out the purposes of this Act.

37.  Dissolution of the Export Promotion Bureau.—The Export Promotion Bureau is hereby dissolved and at all times thereafter—

(a)     all powers exercisable by the Federal Government under any provisions of any law, order, resolution for the time being in force which immediately before the commencement of this Act, having been delegated to Export Promotion Bureau, shall be exercisable by the Authority;

(b)     all assets, rights, including intellectual property, powers, authorities and privileges and all property, movable and immovable, cash and bank balance, reserve funds, investments and all other interests and rights in or arising out of such property and all debts, liabilities and obligations of whatever kind of the Export Promotion Bureau subsisting immediately before its dissolution shall stand transferred to and vest in the Authority;

(c)     in any other law, rules or regulations of Federal Government or the Provincial Government or trade bodies of Pakistan reference to the expression "Export Promotion Bureau" shall be construed to be a reference to the "Trade Development Authority of Pakistan" from the commencement of this Act;

(d)     all persons currently employed by the Export Promotion Bureau in BPS 1 to 16, whether from regular budget or contract employees paid from regular budget, and contract employees paid from EMDF, shall be given an option to join the Authority;

(e)     for the service rendered in the Export Promotion Bureau such person referred to in clause (d) who joins the Authority as its permanent employee, shall be entitled to such benefits including the transfer of benefits to the Authority as may be prescribed by rules;

(f)      in the event if such a person referred to in clause (d) elects to remain a civil servant, he shall be retained in the Authority in his current status at Government pay scales and terms of employment and shall seek promotion to next grade or scale, when due, as per rules governing the civil servants but shall be obliged to perform duties in accordance with the job description, rules, regulations, policies and guidelines given by the Authority;

(g)     a person referred to in clause (d) who opts not to join the Authority shall continue to draw his pay, allowances privileges or other benefits as he was drawing while holding the post in the Export Promotion Bureau and the post to which he was promoted subsequently serving in TDAP and unless he is appointed by the Federal Government to another post or otherwise ceases to remain in Government service on account of retirement, dismissal, removal, discharge from service or in any other manner applicable to a civil servant, the cost for paying salary, allowance and other benefits to such person shall be borne by the Authority;

(h)     subject to the provisions of sub-sections (2), (3) and (4) of Section 8, the civil servants in BPS 17 and above of Commerce and Trade Group, who are working against their encadred posts and those on deputation from such posts working in other departments of the Government, shall be given an option to join the Authority;

(i)      in the case of civil servants in BPS 17 and above of Commerce and Trade Group who elect to remain civil servants, the provisions of subsections (2), (3) and (4) of Section 8 shall apply;

(j)      civil servant in BPS 17 and above who elects to join the Authority as its permanent employee, shall be subject to an assessment process for employee skills and competencies and past performance, and thereafter considered for employment in the Authority and after acceptance by the Authority as its permanent employee he shall cease to be civil servant and option by such officer, once exercised, shall be irrevocable;

(k)     all debts and obligations incurred or contracts entered into or rights acquired and all matters and things engaged to be done by with or for the Export Promotion Bureau, before the coming in to force of this Act, shall be deemed to have been incurred, entered into, acquired or engaged to be done by, with or for the Authority, as the case may be;

(l)      all suits and other legal proceedings instituted by or against the Export Promotion Bureau before the commencement of this Act shall be deemed to be suits and proceedings by or against the Authority, as the case may be, and may proceed and be dealt with accordingly;

(m)    on commencement of this Act, the EMDF shall stand transferred to and shall vest in the TDAP Board which shall approve its release;

(n)     all officers, employees, servants or any other person holding any post in connection with the affairs of the EMDF shall continue to remain contractual employees of the Authority till the un-expired terms of their contract;

(o)     in the event of a person referred to in clause (n) opting to be an employee of the Authority and accepted by the Authority, he shall cease to be an employee of the EMDF and shall be entitled to such remuneration, allowances and other terms and conditions of employment as were applicable to such persons as EMDF employees. But, in the event of such a person opting not to join the Authority, he may continue to be employed as contractual employee of the Authority for the remaining un-expired term of his contract under such terms and conditions that were applicable to such persons as EMDF employees;

(p)     all officers, employees, servants or any other person holding any post in connection with the affairs of the EMDF shall be required to in form the Authority within a period not exceeding six months from the commencement of this Act of their intention to offer themselves for employment in the Authority. However, in all cases where the un-expired period of the contracts is less than six months, such persons shall be required to notify, the Authority thirty days prior to the expiry of their contract period;

(q)     save as otherwise provided in this Act, all debts and obligations incurred or contracts entered into or rights acquired and all matters and things engaged to be done by, with or for the Federal Government under or pursuant to the EMDF before its transfer to the Authority, shall be deemed to have been incurred entered into acquired or engaged to be done by, with or for the Authority, as the case may be;

(r)      all suits and other legal proceedings instituted by or against the Federal Government under, or pursuant to, the EMDF before its transfer to the Authority, shall be deemed to be suits and proceedings by, or against, the Authority, as the case may be, and may be proceeded with and be dealt with accordingly;

(s)      on commencement of this Act, the EMDF Board shall be replaced by the TDAP Board established under this Act and the decisions already taken by the EMDF Board before such commencement shall be deemed to have been validly taken by the TDAP Board under this Act;

(t)      till notification of Authority's financial rules alongwith the delegated powers for incurring expenditure, the delegation of powers for making expenditure in Export Promotion Bureau vis-a-vis regular budget receipts and EMDF, shall continue to remain as they were before the commencement of this Act;

(u)     the authority to make expenditure shall be exercised as follows:

Board                  no limit

Chairman            upto ten million rupees every three months.

Chief Executive  upto five million rupees every three months:

          Provided that the expenditures incurred by the Chairman (Minister of Commerce) and Vice Chairman (Chief Executive TDAP) shall be approved by the Board in the next immediate meeting; and

(v)     save as otherwise provided in this Act, nothing in this Act shall affect or be deemed to affect anything done, action taken, investigation or proceedings commenced, order, rule, regulation, appointment, document or agreement made, fee directed, resolution passed, direction given, proceedings taken or instrument executed or issued under or pursuant to any law amended or repealed by this Act and any such thing, action, investigation, proceedings, order, rule, regulation, appointment, document, agreement, fee, resolution direction or instrument and decisions shall, if in force on the commencement date, and not inconsistent with any of the provisions of this Act, continue in force and have effect as if it had been validly done, taken commenced, made, directed, passed, given, executed or issued under this Act.

38.     Removal of difficulties.—If any difficulties arise in giving effect to any provision of this Act, the Federal Government may make such order, not inconsistent with the provisions of this Act, as may be necessary to remove the difficulty.

39.     Repeal and savings.—Upon the commencement of this Act—

(a)     the Government of Pakistan, Export Promotion Bureau's Resolution No.P-5(5)/65, dated the 22nd January, 1966, and Government of Pakistan, Ministry of Commerce's Order No. 28(19)-CE/63, dated the 4th December, 1963, shall stand repealed;

(b)     all funds, properties, rights and interests of whatsoever kind powers exercised and enjoyed, possessed, owned or vested in the EMDF Board setup under Government of Pakistan, Export Promotion Bureau's Resolution No.P-5(5)/65, dated the 22nd January, 1966, and any liabilities legally subsisting against the EMDF Board and the said Bureau shall stand transferred to the Authority established under this Act; and

(c)     everything done, action taken, obligations or liabilities incurred, rights and assets acquired, decisions taken by the EMDF Board, persons appointed or authorized in the EMDF, powers conferred, funds donations or grants made, orders issued and rules or regulations made, by the EMDF Board established under the Resolution referred to in clause (b) immediately before the commencement of this Act shall be deemed to have been validly done, taken, incurred, acquired, appointed, authorized, conferred, created, made or issued under this Act.

---------------------------


ACT NO. V OF 2013

DAR-UL-MADINA INTERNATIONAL UNIVERSITY ISLAMABAD ACT, 2013

An Act to provide for the establishment of Dar-ul-Madina International University

[Gazette of Pakistan, Extraordinary, Part-I, 14th March 2013]

No. F. 24(1)/2013-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 11th March, 2013, is hereby published for general information:—

WHEREAS it is expedient to provide for the establishment of Dar-ul-Madina International University and for matters ancillary thereto;

It is hereby enacted as follows:—

CHAPTER I
PRELIMINARY

1.  Short title and commencement.—(1) This Act may be called the Dar-ul-Madina International University Islamabad Act, 2013.

(2)  It shall come into force at once.

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

(i)      "Academic Council" means the Academic Council of the University;

(ii)     "Affiliated institution" means educational institution authorized by Board to conduct academic programs, research and development projects and approved by the University;

(iii)    "Authority" means any of the authorities of the University set up under Section 18;

(iv)    "Board" means the Board of executives of the University;

(v)     "Board of trustees" means the Board of trustees of the University;

(vi)    "Chancellor" means the Chancellor of the University;

(vii)   "College" means a constituent college;

(viii)  "Commission" means the Higher Education Commission of Pakistan;


(ix)    "Constituent college" means an educational institution, by whatever manner described, maintained and administered by the University;

(x)     "Controller" means the head of examination department of the University;

(xi)    "Dean" means the head of a faculty of the University;

(xii)   "Department" means a teaching department of the University;

(xiii)  "Director" means the head of an institute established as a constituent institute by the University;

(xiv)  "Executive Committee" means the Executive Committee of the University;

(xv)   "Faculty" means an administrative and academic unit of the University consisting of one or more departments;

(xvi)  "Government" means the Federal Government;

(xvii) "Institute" means an institute maintained and administered by the University;

(xviii)          "Officer" means any officer of the University;

(xix)  "Patron" means the Patron of the University;

(xx)   "prescribed" means prescribed by the statutes, regulations or rules;

(xxi)  "Professor emeritus" means a retired Professor appointed by the Chancellor on honorary basis;

(xxii) "Principal" means the head of a college;

(xxiii)          "Registrar" means the Registrar of the University;

(xxiv)          "Selection committee" means the selection committee set up by the Board;

(xxv) "Shariah Advisory Committee" means the Shariah Advisory Committee of the University;

(xxvi)          "Statutes", "regulations" and "rules" means respectively the statutes, regulations and rules made under this Act;

(xxvii) "Trust" means the Dawat-e-Islami Trust;

(xxviii) "teacher" means and includes any Professor, Associate Professor, Assistant Professor and or Lecturer engaged whole-time by the University, or by a constituent college;

(xxix) "University" means the Dar-ul-Madina International University;

(xxx) "University Teacher" means a whole-time Professor, Associate Professor, Assistant Professor or Lecturer teacher appointed whole-time and paid by the University; and

(xxxi) "Vice-Chancellor" means the Vice-Chancellor of the University.

CHAPTER II
THE UNIVERSITY

3.  Establishment and incorporation of the University.—(1) There shall be established a University to be called the Dar-ul-Madina International University consisting of the following, namely:—

(a)     the Patron, the Chancellor, the Vice-Chancellor, the members of the Board and the Board of Trustees;

(b)     the members of Executive Committee, Deans, the chairmen of the teaching departments and members of the Academic Council of the University;

(c)     the members of the Executive or governors Boards, committees and other bodies as the 73oard may establish;

(d)     the members of faculties and students of the University and its constituent units in accordance with the terms prescribed from time to time, and all other; and

(e)     such other officers and members of the staff as the Board may, from time to time, specify.

(2)     The University shall be a body corporate by the name of Dar-ul-Madina International University having perpetual succession and a common seal, with powers, among others, 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.

(3)     The principal seat of the University shall be at Islamabad and it may set up his campuses, colleges, institutes, offices, research or study centers and other facilities at such places in Pakistan as well as abroad as the Board of trustees may determine. The additional campuses shall be set up in other parts of the country, and in other parts of the world.

(4)  Notwithstanding anything contained in any other law for the time being in force, the University shall have academic, financial and administrative autonomy, including the powers to employ officers, teachers and other employees on such terms as may be prescribed, subject to the terms of this Act.

(5)  In particular and without prejudice to the authority granted to the Commission by the law, the Government or any authority or auditor shall have no power to question the policy underlying the acquisition and allocation of resources approved by the Board in the annual budget of the University.

4.  Powers and purposes of the University.—The University shall have the following powers, namely:—

(i)      to promote and disseminate of knowledge and technology and to provide education, training, research demonstration and scholarship in such branches of knowledge as it may determine;

(ii)     to make provisions for research, service to society and for the application, advancement and dissemination of knowledge* by employing information technology including satellite, television, internet, radio etc., or through conventional and innovative methods in all field of knowledge as it may determine by the Board of trustees;

(iii)    to determine courses for study at the under graduate level in its constituent units as well as in its affiliated institutions, centers and colleges;

(iv)    to prescribe courses of studies to be conducted by it and its affiliated constituent units and appropriate bodies ;

(v)     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;

(vi)    to prescribe the terms and conditions of employment of the officers, teachers and other employees of the University;

(vii)   to affiliate itself or associate with any other institutions or universities and relevant bodies whether national or international;

(viii)  to pursue and co-ordinate research innovation and development;

(ix)    to use the financial and other resources allocated to it for execution of its functions;

(x)     to engage, where necessary, persons on contract of specified duration and to specify the terms of each engagement;

(xi)    to confer honorary degrees or other distinctions on approved persons in the manner prescribed;

(xii)   to provide for such instruction for persons not being students of the University as it may prescribe and to grant certificates and diplomas to such persons;

(xiii)  to institute programs for the academic collaboration and exchange of students and teachers between the University and other universities, educational institutions and research organizations, inside as well as outside Pakistan;

(xiv)  to provide career counseling and job search services to the students and alumni as it may deem fit;

(xv)   to maintain linkages with alumni and the industry;

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

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

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

(xix)  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;

(xx)   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;

(xxi)  to institute professorships, associate professorships, assistant professorships and lectureships and any other posts and to appoint persons thereto;

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

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

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

(xxv) 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 prescribe;

(xxvi)          to affiliate and disaffiliate educational institutions or relevant organizations under prescribed conditions;

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

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

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

(xxx) to demand and receive such fees and other charges as it may determine from time to time;

(xxxi)          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;

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

(xxxiii) 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;

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

(xxxv) 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; and

(xxxvi) to decide virtual, distance learning or online teaching methods and strategies in order to ensure the conduct of most effective educational and training programs in the light of policy on the subject made by the Commission.

5.       University open to all classes, creeds, etc.—(1) The University shall be open to all persons of either gender and of whatever religion, race, creed, class, color or domicile who qualify for the admission as set forth in the rules and regulations and the criteria and the policy maintained by the body.

(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 approval of the Board of trustees.

(3)     The University shall institute financial aid and support programs for students in need, to the extent considered feasible by the Board 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.

6.       Teaching at the University.—(1) All recognized teaching in various courses shall be conducted by the University or the colleges in the prescribed manner and may include lectures, tutorials, discussions, seminars, demonstrations and other methods of instruction as well as practical work in the laboratories, hospitals, workshops and other organizations.

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

CHAPTER III
OFFICERS OF THE UNIVERSITY

7.       Officers of the University.—The following shall be the officers of the University, namely:—

(a)     Patron;

(b)     Chancellor;

(c)     Vice-Chancellor;

(d)     Deans;

(e)     Principals of the constituent colleges;

(f)      Head of the teaching departments;

(g)     Registrar;

(h)     Treasurer;

(i)      Controller of examinations; and

(j)      such other persons as may be prescribed by the statutes or regulations.

8. Patron.—(1) The Patron will be appointed by Trust in the manner as may be determined by the Trust.

(2)     The Patron shall, when present, preside at the convocation of the University. In the absence of the Patron, the Board may request a person of eminence or the Chancellor to preside over the convocation of the University.

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

9. Visitation.—(1) The Patron may, in accordance with the terms and procedures as may be prescribed, cause an inspection or inquiry to be made on his own motion or at the request of the Commission in respect of any matter connected with affairs of the University and shall, from time to time, direct any person or persons to inquire into or carry out inspection of—

(a)     the University, its building, laboratories, libraries and other facilities;

(b)     any institution, department or hostel maintained by the University;

(c)     the adequacy of financial and human resources;

(d)     the teaching, research, curriculum, examination and other matters of the University; and

(e)     such other matters as the Patron may specify.

(2)     The Patron shall communicate to the Board of trustees his views with regard to the result of visitation and shall, after ascertaining the views of the Board, advise the Chancellor on the action to be taken by it.

(3)     The Chancellor shall, within such time as may be specified by the Patron, communicate to him such action, if any, as has been taken or may be proposed to be taken upon the results of visitation.

(4)     Where the Board as per Chancellor's does not, within the time specified, take action to the satisfaction of the Patron, the Patron may issue such directions as he deems fit and the Board shall comply with all such directions.

(5)     The patron shall be appointed by the prescribed term from the Board of trustees and he may be removed by the Board of trustees.

10.     Chancellor.—(1) The Chancellor of the University shall be appointed by the Board of trustees to hold the office at the pleasure of, and for a term determined by the Board of trustees.

(2)     The Chancellor shall also act as the chairperson of the Board.

(3)     The members of the Board except the Vice-Chancellor shall be appointed by the Chancellor as in the manner prescribed in accordance with this Act and the statutes.

(4)     Where the Chancellor is satisfied that serious irregularity or mismanagement with respect to affairs of the University has occurred, he may,—

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

(b)     as regards proceedings of any authority or with respect to matters within the competence of any authority other than the Board, direct the Board to exercise powers under Section 19.

(5)     If the Chancellor will be incapacitated from acting as such due to absence or any other cause, the Vice-Chancellor or a nominee of the Chancellor himself, or a nominee of the Board of trustees shall act for him.

11.     Removal from the Board.—(1) The Chancellor may remove any person from membership of the Board on the ground that such person after satisfaction of Board of trustees—

(a)     has become of unsound mind; or

(b)     has become incapacitated to function as member of the Board; 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 membership of the Board if he deems fit.

12.  Vice-Chancellor.—(1) There shall be a Vice-Chancellor of the University who shall hold office at the pleasure of the Board of trustees. He will be an eminent academician or a distinguished administrator and 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 this Act, statutes, regulations and rules are faithfully observed.

(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 an immediate action ordinarily not in competence of the Vice-Chancellor, take such action and report to the Board.

(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 purposes of the University;

(b)     to sanction by re-appropriation an amount, not exceeding an amount prescribed by the Board, for an unforeseen item not provided for in the budget;

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

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

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

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

13.  Appointment and removal of Vice-Chancellor.—(1) The Vice-Chancellor shall be appointed by the Board of trustees on recommendations made by the selection committee.

(2)     A selection committee for recommendation of person suitable for appointment as Vice-Chancellor shall be constituted by the Board of trustees on the date and in the manner prescribed by statutes.

(3)     The person proposed by the selection committee for appointment as Vice-Chancellor shall be considered by the Board and shall be recommended by the Board to the Chancellor.

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

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

(5)     The Board may, pursuant to a resolution in this behalf 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.

(6)     The Chancellor may make a reference to the Board stating about inefficiency, moral turpitude or physical or mental incapacity or gross misconduct on the part of the Vice-Chancellor that has come to his notice. After consideration of the reference, the Board may, pursuant to a resolution in this behalf recommend to the Chancellor the removal of the Vice-Chancellor:

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

(7)     A resolution recommending 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 Board.

(8)  At any time when office of the Vice-Chancellor is vacant or the Vice-Chancellor is absent or is unable to perform functions of his office due to illness or some other cause, the Board of trustees shall make such arrangements for performance of the duties of the Vice-Chancellor as it may deem fit.

14.     Dean.—(1) There shall be a Dean of each faculty to be appointed by the Chancellor on recommendation of the Vice-Chancellor, on such terms and conditions as may be prescribed.

(2)     The Dean shall be in charge of the faculty and shall assist the Vice-Chancellor on matters relating to teaching, research, academic program and extension of other development projects.

(3)     Subject to overall supervision of the Vice-Chancellor, the Dean shall formulate and recommend to the Academic Council, rules and regulations relating to academic and research matters of the faculty.

(4)     The Dean shall also have the following powers, namely:—

(a)     to collaborate with universities, industry and other research organizations;

(b)     to formulate recommendations to the Academic Council on the courses of study to be taught in different departments of the faculty;

(c)     to co-ordinate the award of fellowships, stipends, medals and prizes;

(d)     to co-ordinate the teaching and research work of the faculty;

(e)     to perform such other functions and exercise such other powers as may be entrusted or delegated to him by the Board or the Vice-Chancellor; and

(f)      to delegate any of his powers to appropriate levels of management, subject to such conditions as may be prescribed.

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

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

(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 record 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 a renewable period of three years:

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

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

(2)     The experience as well as 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 annual and revised budget estimates of the University and present them to the Executive Committee or a committee thereof for approval and incorporation in the budget to be presented to the Board;

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

(d)     have accounts of the University audited annually; and

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

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

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

17.     Controller of examinations.—(1) There shall be a Controller of examinations to be appointed by the Board on 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 shall perform such other duties as may be prescribed.

(4)     The Controller of examinations shall be appointed for a renewable term of three years:

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

CHAPTER IV
AUTHORITIES OF THE UNIVERSITY

18.     Authorities.—The following shall be the authorities of the University, namely:—

(a)     authorities established by the Act;

          (i)      Board of trustees;

          (ii)     Board;

          (iii)    Executive Committee; and

          (iv)    Academic Council; and

(b)     authorities to be established by the statutes:--

          (i)      Board of advanced studies and research;

          (ii)     Board of studies;

          (iii)    Selection Board;

          (iv)    finance and planning committee;

          (v)     selection committee for the appointment of the Vice-Chancellor;

          (vi)    representation committees for appointment to the Board, Executive Committee and the Academic Council;

          (vii)   quality assurance committee;

          (viii)  discipline committee; and

          (ix)    such other authorities as may be prescribed by the Board.

19.     Board of trustees.—The Board of trustees will be the apex authority of the University and authorized to make or change statutes, rules and regulations as it may deem fit. All the members of the Board of trustees shall be appointed by the Trust. All the decisions of the Board shall be referred to the Board of trustees for final approval. The decision of the Board of trustees shall be considered as final and cannot be challenged in any court of law.

20.     Board.—(1) The body responsible for the functioning of the University shall be described as the Board and shall consist of the following, namely:—

(a)     the Chancellor who shall be chairperson of the Board;

(b)     the Vice-Chancellor;

(c)     one member of the Government not below the rank of Additional Secretary from any Ministry of Federal Government of Pakistan;

(d)     four persons from society at large being persons of distinction in the fields of administration, management, education, academics, Islamic jurisprudence, 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 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 Board;

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

(f)      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;

(g)     four University teachers; and

(h)     one person nominated by the Commission.

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

(3)     All appointments to the Board shall be made by the Chancellor. Appointment of persons described under clauses (e) and (f) of sub-section (1) shall be made from amongst a panel of three names .for each vacancy recommended by the representation committee set up in terms of Section 25 and in accordance with procedure as may be prescribed.

(4)     Members of the Board, 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 Board, to be determined by lot, shall retire from office on expiration of one year from the date of appointment by the Chancellor. One-half of the remaining members, other than ex officio members, of the first restructured Board, to be determined by lot, shall retire from office on expiration of two years from the date of appointment and the remaining one-half, other than ex officio members, shall retire from office on expiration of the third year.

(5)     The Board shall meet at least twice in a calendar year.

(6)     Service on the Board shall be on honorary basis:

Provided that actual expenses may be reimbursed as may be prescribed.

(7)     The Registrar shall be Secretary of the Board.

(8)     In absence of the Chancellor, meetings of the Board 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 convener of the Board.

(9)     Unless otherwise prescribed by this Act, all decisions of the Board shall be taken on the basis of 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.

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

21.  Powers and functions of the Board.—(1) The Board shall have power of general supervision over the University and shall hold the Vice-Chancellor and the authorities accountable for all functions of the University. The Board shall have all powers of the University not expressly vested in an authority or officer by this Act and all other powers not expressly provided by this Act that are necessary for performance of its functions but which are not inconsistent with the provisions of this Act or the statutes, regulations and rules made thereunder.

(2)  Without prejudice to the generality of the foregoing powers, the Board shall have the following powers, namely:—

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

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

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

(d)     to approve appointment of Deans, Professors, Associate Professors and 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 the strategic plans of the University;

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

(h)     to consider drafts of statutes and regulations proposed by the Executive Committee and the Academic Council and deal with them in the manner as provided for in sections 27 and 28, as the case may be:

          Provided that the Board may make a statute or regulation on its own initiative and approve it after calling for advice of the Executive Committee 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 Board 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 Board in accordance with the provisions of this Act;

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

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

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

(n)     to remove any person from membership of any authority if such person has—

          (i)      become of unsound mind; or

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

          (iii)    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 Board 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 Board may create new posts or positions at the additional campus.

22.  Executive Committee.—(1) There shall be an Executive Committee of the University consisting of the following, namely:—

(a)     Vice-Chancellor who shall be its chairperson;

(b)     Deans of faculties of the University;

(c)     three Professors from different departments, who are not members of the Board, to be elected by the University teachers in accordance with procedure to be prescribed by the Board;

(d)     Principals of the constituent colleges;

(e)     Registrar;

(f)      Treasurer;

(g)     Controller of examinations; and

(h)     a member of the Shariah advisory committee.

(2)     Members of the Executive Committee, other than ex officio members, shall hold office for three years.

(3)     As regards the three Professors described in clause (c) of sub-section (1), the Board may, as an alternative to elections, prescribe a procedure for proposal of a panel of names by the representation committee set up in terms of Section 25. Appointment of persons proposed by the representation committee may be made by the Board on recommendation of the Vice-Chancellor.

(4)     The quorum for a meeting of the Executive Committee shall be one-half of the total number of members, a fraction being counted as one.

(5)     The Executive Committee shall meet at least once in each quarter of the year.

23.  Powers and duties of the Executive Committee.—(1) The Executive Committee shall be the executive body of the University and shall, subject to the provisions of this Act and the statutes, exercise general supervision over affairs and management of the University.

(2)  Without prejudice to the generality of the foregoing powers and subject to the provisions of this Act, the statutes and directions of the Board, the Executive Committee shall have the following powers to—

(a)     consider annual report, annual and revised budget estimates and to submit these to the Board;

(b)     transfer, and accept transfer, of movable property on behalf of the University;

(c)     enter into, vary, carry out and cancel contracts on behalf of the University;

(d)     cause proper books of accounts to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University;

(e)     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 1882) or in the purchase of immovable property or in such other manner, as it may prescribe, with the like power of varying such investments;

(f)      receive and manage any property transferred and grants, bequests, trust, gifts, donations, endowments and other contributions made to the University;

(g)     administer any funds placed at the disposal of the University for specified purposes;

(h)     provide the buildings, libraries, premises, furniture, apparatus, equipment and other means required for carrying out the work of the University;

(i)      establish and maintain halls of residence and hostels or approve or license hostels or lodgings for residence of students;

(j)      recommend to the Board admission of educational institutions to the privileges of the University and withdraw such privileges;

(k)     arrange for the inspection of colleges and the departments;

(l)      institute professorships, associate professorships, assistant professorships, lectureships and other teaching posts or to suspend or to abolish such posts;

(m)    create, suspend or abolish such administrative or other posts as may be necessary;

(n)     prescribe the duties of officers, teachers and other employees of the University;

(o)     report to the Board on matters with respect to which it has been asked to report;

(p)     appoint members to various authorities in accordance with the provisions of this Act;

(q)     propose drafts of statutes for submission to the Board;

(r)      regulate conduct and discipline of students of the University;

(s)      take actions necessary for good administration of the University in general and to this end exercise such powers as are necessary;

(t)      delegate any of its powers to any authority or officer or a committee; and

(u)     perform such other functions as have been assigned to it by provisions of this Act or may be assigned to it by statutes.

24.  Academic Council.—(1) There shall be an Academic Council of the University consisting of the following, namely:—

(a)     Vice-Chancellor who shall be its chairperson;

(b)     Deans of faculties and such heads of departments as may be prescribed;

(c)     five members representing the departments, institutes and the constituent colleges to be elected in the manner prescribed by the Board;

(d)     five Professors including Professors emeritus;

(e)     Registrar;

(f)      Controller of examinations;

(g)     Librarian; and

(h)     a member of the Shariah advisory committee.

(2)  The Board shall appoint members of the Academic Council, other than ex officio and elected members, on recommendation of the Vice-Chancellor:

Provided that as regards the five Professors and the members representing the departments, institutes and the constituent colleges, the Board may, as an alternative to elections, prescribe a procedure for proposal of a panel of names by the representation committee set up in terms of Section 25. Appointment of persons proposed by the representation committee may be made by the Board on recommendation of the Vice-Chancellor.

(3)  Members of the Academic Council shall hold office for three years.

(4)  The Academic Council shall meet at least once in each quarter.

(5)  The quorum for meetings of the Academic Council shall be one-half of the total number of members, a fraction being counted as one.

25.  Powers and functions of the Academic Council.—(1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act and the statutes, have the power to lay down proper standards of instruction, research and examinations and to regulate and promote the academic life of the University and the colleges.

(2)  Without prejudice to the generality of the foregoing powers and subject to the provisions of this Act and the statutes, the Academic Council shall have the power to—

(a)     approve the policies and procedures pertaining to the quality of academic programs;

(b)     approve academic programs;

(c)     approve the policies and procedures pertaining to student-related functions including admissions, expulsions, punishments, examinations and certification;

(d)     approve the policies and procedures assuring quality of leaching and research;

(e)     propose to the Executive Committee schemes for the constitution and organization of faculties, teaching departments and Board of studies;

(f)      appoint paper setters and examiners for all examinations of the University after receiving panels of names from the relevant authorities;

(g)     institute programs for the continued professional development of University teachers at all levels;

(h)     recognize examinations of other universities or examining bodies as equivalent to the corresponding examinations of the University;

(i)      regulate award of studentships, scholarships, exhibitions, medals and prizes;

(j)      make regulations for submission to the Board;

(k)     prepare an annual report on academic performance of the University; and

(l)      perform such functions as may be prescribed by regulations.

26.  Representation committees.—(1) There shall be a representation committee constituted by the Board through statutes for recommendation of persons for appointment to the Board in accordance with the provisions of Section 19.

(2)     There shall also be a representation committee constituted by the Board of trustees through statutes for recommendation of persons for appointment to the Executive Committee and the Academic Council in accordance with the provisions of sections 22 and 24.

(3)     Members of the representation committee for appointment to the shall consist of the following, namely:—

(a)     three members of the Board who are not University teachers;

(b)     two persons nominated from amongst the University teachers;

(c)     one person from the academic community, not employed by the University, at the level of professor or college principal to be nominated by the University teachers in the manner prescribed;

(d)     one eminent citizen with experience in administration, philanthropy, development work, law or accountancy; and

(e)     a member of the Shariah advisory committee.

(4)     The representation committee for appointments to the Executive Committee and the Academic Council shall consist of the following, namely:—

(a)     two members of the Board who are not University teachers; and

(b)     three persons nominated from amongst the University teachers.

(5)     The tenure of the representation committees shall be determined by the Board of trustees.

(6)     The procedures of the representation committees shall be as may be prescribed.

(7)     There may also be such other representation committees set up by any of the other authorities of the University as are considered appropriate for recommending persons for appointment to the various authorities and other bodies of the University.

27.     Appointment of committees by certain authorities.—The Board of trustees, Board, the Executive Committee, the Academic Council and other authorities may, from time to time, appoint such standing, special or advisory committees, as they may deem fit, and may place on such committee persons who are not members of the authorities appointing the committees.

28.     Shariah advisory committee.—The Chancellor will appoint three members of this committee headed by a competent Mufti or scholar in Islamic jurisprudence. The Shariah advisory committee will give its recommendations in the light of Islamic Shariah on any matter referred to it by any of the committees mentioned herein above in this Act for consideration and taking decision on a compliant with regard to Islamic jurisprudence.

CHAPTER V
STATUTES, REGULATIONS AND RULES

29.  Statutes.—(1) Subject to the provisions of this Act, statutes, to be published in the official Gazette, may be made to regulate or prescribe all or any of the following matters, namely:—

(a)     the contents of and the manner in which the annual report to be presented by the Vice-Chancellor before the Board shall be prepared;

(b)     the University fees and other charges;

(c)     scales of pay and other terms and conditions of service of officers, teachers and other University employees;

(d)     maintenance of the register of registered graduates;

(e)     admission of educational institutions to the privileges of the University and the withdrawal of such privileges;

(f)      establishment of faculties, departments, institutes, colleges, study centers and other academic divisions;

(g)     powers and duties of officers and teachers;

(h)     conditions under which the University may enter into arrangements with other institutions or with public bodies for purposes of research and advisory services;

(i)      conditions for appointment of emeritus Professors and award of honorary degrees;

(j)      efficiency and discipline of University employees;

(k)     constitution and procedure to be followed by the representation committees in carrying out functions in terms of this Act;

(l)      constitution and procedure to be followed by the search committee for appointment of the Vice-Chancellor;

(m)    constitution, functions and powers of the authorities of the University; and

(n)     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 Executive Committee to the Board which may approve or pass with such modifications as the Board may think fit or may refer back to the Executive Committee, as the case may be, for reconsideration of the proposed draft:

Provided that statutes concerning any of the matters mentioned in clauses (a) and (I) of sub-section (1) shall be initiated and approved by the Board, after seeking views of the Executive Committee:

Provided further that the Board of trustees may initiate a statute with respect to any matter in its power or with respect to which a statute may be made in terms of this Act and approve such statute after seeking views of the Board and the Executive Committee.

30.  Regulations.—(1) Subject to the provisions of this Act and the statues, the Academic Council may make regulations, to be published in the official Gazette, for all or any of the following matters, namely:—

(a)     courses of study for degrees, diplomas and certificates of the University;

(b)     manner in which the teaching referred to in sub-section (1) of Section 6 shall be organized and conducted;

(c)     admission and expulsion of students to and from the University;

(d)     conditions under which students shall be admitted to the courses and examinations of the University and shall become eligible for award of degrees, diplomas and certificates;

(e)     conduct of examinations;

(f)      conditions under which a person may carry on independent research to entitle him to a degree;

(g)     institution of fellowships, scholarships, exhibitions, medals and prizes;

(h)     use of the library;

(i)      formation of faculties, departments and Board of studies; and

(j)      all other matters which by this Act or the statutes are to be or may be prescribed by regulations.

(2)     Regulations shall be proposed by the Academic Council and shall be submitted to the Board 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 effective unless it receives approval of the Board.

(3)     Regulations regarding or incidental to matters contained in clauses (g) and (i) of sub-section (1) shall not be submitted to the Board without prior approval of the Executive Committee.

31.     Amendment and repeal of statutes and regulations.—The procedure for adding to, amending or repealing the statutes and the regulations shall be the same as that prescribed respectively for framing or making Statutes and Regulations.

32.     Rules.—(1) The authorities and other bodies of the University may make rules, to be published in the official Gazette, consistent with this Act, statutes and the regulations, to regulate any matter relating to affairs of the University which has not been provided for under this Act or that is not required to be regulated by statutes and regulations, including rules to regulate the conduct of business and the time and place of meetings and related matters.

(2)  Rules shall become effective upon approval by the Executive Committee and the Shariah advisory committee.

CHAPTER VI
UNIVERSITY FUND

33.     University fund.—(1) The University shall have a fund to which shall be credited its income from fees, donations, trusts, bequests, endowments, grants, contributions and all other sources.

(2)     Capital recurrent expenditure of the University shall be met from contributions made by the Board and any other source, including other foundations, universities and individuals and from the income derived from such sources.

(3)     No contribution, donation or grant which may directly or indirectly involve any immediate or subsequent financial liability for the University, shall be accepted without prior approval of the Board.

34.     Audit and accounts.—(1) The accounts of the University shall be maintained in such form and manner as may be determined by the Board and shall work under the Finance and Planning committee. The committee shall consist of Vice-Chancellor, all the Deans, one member of the Board nominated by the Board, one nominee of the Academic Council and one member of the independent auditor. The quorum of the meeting shall be five and term of nominated members will be three years. The Director finance shall be the Secretary of the Finance and Planning Committee.

(2)  Function of committee shall be to prepare the annual statement of accounts, propose and annual budget estimates and advice to the Board thereon, review periodically the financial position of the university and advice the Board on all matters related to finance, investment and accounts of the university and perform such other functions as may be prescribed by the statutes.

CHAPTER VII
GENERAL PROVISIONS

35.     Commencement of term of members of authorities.—(1) When a member of an authority is elected, appointed or nominated, his term of office, as fixed under this Act shall commence from such date as may be prescribed.

(2)  Where a member who has accepted any other assignment or for any other similar reason remained absent from the University for a period of not less than six months, he shall be deemed to have resigned and vacated his scat.

36.     Disputes about membership of authorities.—(1) Notwithstanding anything contained in this Act, a person nominated or appointed to any authority shall cease to be member of such authority as soon as he ceases to hold the position by virtue of which he was nominated or appointed.

(2)  If a question arises whether any person is entitled to be a member of any authority, the matter shall be referred to a committee consisting of the Chancellor, two nominees of the Board and a nominee of the Vice-Chancellor and decision of the committee thereon shall be final and binding.

37.     Proceedings of authorities not invalidated by vacancies.—No act, resolution or decision of any authority shall be invalid by reason of any vacancy on the authority doing, passing or making it or by reason of any want of qualification or appointment or nomination of any de facto member or the authority, whether present or absent.


38.     Removal of difficulties.—If any difficulty arises as to the first constitution or reconstitution of any authority upon coming into force of this Act or otherwise in giving effect to any provision of this Act, the Patron may give appropriate directions to remove such difficulty.

39.  Indemnity.—No suit or legal proceedings shall lie against the Government, the University or any authority or employee of the University or any person, in respect of anything which is done or purported to have been done in good faith under this Act.

---------------------------

ACT NO. VII OF 2013

MY UNIVERSITY ISLAMABAD ACT, 2013

An Act to provide for the establishment of my University, Islamabad

[Gazette of Pakistan, Extraordinary, Part-I, 14th March, 2013]

No. F. 24(3)/2013-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 11th March, 2013, is hereby published for general information:—

WHEREAS it is expedient to provide for the establishment of MY University at Islamabad and for matters connected with and ancillary thereto;

It is hereby enacted as follows:

CHAPTER I
PRELIMINARY

1.  Short title and commencement.—(1) This Act may be called the My University Islamabad Act, 2013.

(2)  It shall come into force at once.

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

(i)      "Academic Council" means the Academic Council of the University;

(ii)     "Authority" means any of the authorities of the University;

(iii)    "Affiliated institution" means Educational institution authorized by the Board to conduct academic programs, research and development projects as approved by the University;

(iv)    "Board" means the Board of the University;

(v)     "Board of trustees" means Board of Trustees of the University;

(vi)    "Chancellor" means the Chancellor of the University;

(vii)   "College" means a constituent college, department, Institute or Centers;

(viii)  "Commission" means the Higher Education Commission of Pakistan;

(ix)    "Constituent college" means an educational institution, by whatever manner described, maintained and administered by the University;

(x)     "Controller" means the head of examination department of the University;

(xi)    "Dean" means the head of a faculty of the University;

(xii)   "Department" means teaching department of the University;

(xiii)  "Director" means the head of an institute established as a constituent institute by the University;

(xiv)  "Executive Committee" means the Executive Committee of the University;

(xv)   "Faculty" means an administrative and academic unit of the University consisting of one or more departments. It also includes any Professor, Associate Professor, Assistant Professor or Lecturer, tutor, engaged whole-time or part-time by the University, or by a constituent college, institute or Centre;

(xvi)  "Government" means the Federal Government;

(xvii) "Institute" means an institute or Centre, maintained and administered by the University;

(xviii)          "Officer" means any officer of the University;

(xix)  "Patron" means the Patron of the University;

(xx)   "prescribed" means prescribed by the statutes, regulations or rules;

(xxi)  "Professor Emeritus" means a retired Professor appointed by the Chancellor on honorary basis;

(xxii) "Principal" means the head of a college, or the institution under the University by whatever name or the designation;

(xxiii)          "Registrar" means the Registrar of the University;

(xxiv)          "Committee" means the committee set up by the Board of Trustees;

(xxv) "Statutes", "regulations" and "rules" mean respectively the statutes, regulations and rules made under this Act;

(xxvi)          "Trust" means the My Trust;

(xxvii) "University" means MY University Islamabad, established under this Act; and

(xxviii) "Vice-Chancellor" means the Vice-Chancellor of the University.

CHAPTER-II
THE UNIVERSITY

3.  Establishment and incorporation of the University.—(1) There shall be established a University to be called as MY University Islamabad, consisting of,—

(a)     the Patron, the Chancellor, the Vice-Chancellor, the members of the Board and the Board of Trustees;

(b)     the members of Executive Committee, Deans, the Chairmen of the teaching departments and members of the Academic Council or any other Councils, Committee or Advisory Committees, as the Board of Governors may establish or authorize from time to time of the University;

(c)     the members of the Boards, committees and other bodies as the Board may establish;

(d)     the members of the Faculties and students of the University and its constituent units in accordance with the terms prescribed from time to time, and all other; and

(e)     such other officers and members of the staff as the Board may, from time to time, specify.

(2)     The University shall be a body corporate by the name of MY University, having perpetual succession and a common seal, with powers, among others, 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.

(3)     The principal seat of the University shall be at Islamabad and it may set up its campuses, colleges, institutes, offices, research or study centers and other facilities at such places in Pakistan as well as abroad as the Board may determine. The additional campuses shall be set up in other parts of the country, and in other parts of the world.

(4)     Notwithstanding anything contained in any other law for the time being in force, the University shall have academic, financial and administrative autonomy, including the powers to employ officers, teachers and other employees on such terms as may be prescribed, subject to the terms of this Act.

(5)     In particular and without prejudice to the authority granted to the Commission 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 Board in the annual budget of the University.

4.  Powers and Purposes of the University.—The University shall have the following powers, namely;—

(i)      to promote and dissemination of knowledge and technology and to provide education, training, research, demonstration and scholarship in such branches of learning, as it may determine;

(ii)     to make provisions for research, service to society and for the application, advancement and dissemination of knowledge by employing information technology including satellite, television, internet etc., or through conventional and innovative methods in the fields of management sciences, medical sciences, computer sciences, professional psychology, strategic studies, security studies, environmental sciences, engineering and such other disciplines from the fields of natural and social sciences as it may determine;

(iii)    to determine courses for study at the under graduate level in its constituent units as well as in its affiliated institutions, centers and colleges;

(iv)    to prescribe courses of studies to be conducted by it and its affiliated constituent units and appropriate bodies;

(v)     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;

(vi)    to prescribe the terms and conditions of employment of the officers, Faculty and other employees of the University;

(vii)   to affiliate itself or associate with any other Institutions or Universities and relevant bodies whether national or international;

(viii)  to pursue and co-ordinate research innovation and development;

(ix)    to decide teaching methods and strategies in order to ensure most effective research and academic programs;

(x)     to use the financial and other resources allocated to it for execution of its functions;

(xi)    to engage, where necessary, any persons on contract of specified duration and to specify the terms of each engagement;

(xii)   to confer honorary degrees or other distinctions on approved persons in the manner prescribed by the Board in consultation with Board of trustees for the purpose;

(xiii)  to confer degrees on the person who have carried out an independent research under prescribed conditions;

(xiv)  to liaison with other research or academic organizations, industry and the relevant organization or institutions to promote Public Private partnership, innovation and research, development, industrialization for the purposes of education, training and development;

(xv)   to provide for such instruction for persons not being students of the University as it may prescribe and to grant certificates and diplomas to such persons;

(xvi)  to institute programs for the academic collaboration and exchange of students and Faculty between the University and other universities, educational institutions and research organizations, inside as well as outside Pakistan;

(xvii) to maintain linkages with alumni and the industry and the relevant bodies;

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

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

(xx)   to affiliate and dis-affiliate educational institutions or relevant organizations under prescribed conditions;

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

(xxii) 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;

(xxiii)          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;

(xxiv)          to institute professorships, associate professorships, assistant professorships and lectureships and any other posts and to appoint persons thereto;

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

(xxvi)          to reeognize selected members of teaching staff of colleges or educational institutions admitted to the privileges of the University or such other persons, as it may deem fit, as University Faculty;

(xxvii) to institute and award fellowships, scholarships, bursaries, medals and prizes under prescribed conditions;

(xxviii) to establish teaching departments, schools, colleges, faculties, institutes, workshops, laboratories. 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 prescribe;

(xxix)          to maintain order, discipline and security on campuses of the University and the colleges as per the rules and regulations of the University;

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

(xxxi)          to demand and receive such fees and other charges as it may determine from time to time;

(xxxii) to make provisions 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, relevant Government, International, non-Governmental bodies, under prescribed conditions;

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

(xxxiv) 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 and convert one kind of property into other in such manner as it may deem fit;

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

(xxxvi) 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; and

(xxxvii) to decide virtual, online and distance teaching methods and strategies in order to ensure the conduct of most effective educational and training programs in the light of policy on the subject made by the Board of trustees.

5.       University open to all classes, creeds, etc.—The University shall be open to all persons of either gender and of whatever religion, race, creed, class, color or domicile who qualify for the admission as set forth in the rules and regulations and the criteria and the policy maintained by the body and no person shall be denied privileges of the University on the ground of religion, race, caste, creed, class, color or domicile.

6.       Teaching at the University.—(1) All recognized teaching in various courses shall be conducted by the University or the colleges in the prescribed manner and may include lectures, tutorials, discussions, seminars, demonstrations and other methods of instruction as well as practical work in the laboratories, hospitals, workshops and other organizations as it may deem appropriate.

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

CHAPTER III
OFFICERS OF THE UNIVERSITY

7.       Officers of the University.—The following shall be the officers of the University, namely:—

(a)     Patron;

(b)     Chancellor;

(c)     Vice-Chancellor;

(d)     Deans;

(e)     Principals of the constituent colleges;

(f)      Head of the teaching and research departments;

(g)     Registrar;

(h)     Treasurer;

(i)      Controller of examinations and academic affairs; and

(j)      such other persons as may be prescribed by the statutes or regulations or by the Board.

8.       Patron.—(1) The Patron shall be appointed by the Trust.

(2)     The Patron shall, when present, preside at the convocation of the University. In the absence of the Patron, the Board may request a person of eminence or the Chancellor to preside over the convocation of the University.

(3)     The Patron shall have the authority to annul any decision or action of the Board, which he thinks was taken against the interest of academic excellence, religious and cultural ideology and national integrity.

9.       Visitation.—(1) The Patron may, in accordance with the terms and procedures as may be prescribed, cause an inspection or inquiry to be made at the request of the Board of trustees or on his own motion in respect of any matter connected with affairs of the University and shall, from time to time, direct any person or persons to inquire into or carry out inspection of,—

(a)     the University, its building, laboratories, libraries and other facilities;

(b)     any institution, department or hostel maintained by the University;

(c)     the adequacy of financial and human resources;

(d)     the teaching, research, curriculum, examination and other matters of the University; and

(e)     such other matters as the Patron may specify.

(2)     The Patron shall communicate to the Board of trustees his views with regard to the result of visitation and shall, after ascertaining the views of the Board, advise the Chancellor on the action to be taken by it.

(3)     The Chancellor shall, within such time as may be specified by the Patron, communicate to him such action, if any, as has been taken or may be proposed to be taken upon the results of visitation.

(4)     The Chancellor shall communicate to the Board his views with regard to the results of inspection or inquiry and shall after ascertaining the views of said Board, advice the action to be taken.

(5)     Where the Board as per Chancellor's direction does not, within the time specified, take action to the satisfaction of the Patron, the Patron may issue, in consultation with the Board of trustees, such directions, as he deems fit and the Board shall comply with all such directions.

10.     Appointment and removal of Patron.—The Patron may be appointed for a fixed period of time two years and can be extended for another term of same length. He may be removed before expiry of his term by the Board of trustees resolution on any misconduct.

11.     Chancellor.—(1) The Chancellor of the University shall be appointed by the Board of Trustees to hold the office for a term determined by the Trust.

(2)     The Chancellor shall in the absence of Patron, preside over the convocations and meetings of the University of which his presence is desirable in the light of business being transacted. Every proposal to confer an honorary degree shall be subject to confirmation of the Chancellor.

(3)     Where the Chancellor is satisfied that the proceedings or orders of any authority are not in accordance with provision of the act, the statues, regulations or rules, he may after, calling upon such authority to show cause in writing, annul such proceedings or order, after the final approval from the Board of trustees.

12.     Appointment and Removal of the Chancellor.—(1) The terms of the office of Chancellor shall be for a period of three years:

Provided that there will be no bar to appoint a Chancellor for a second or subsequent term.

(2)  The Board of trustees may, in consultation with the patron, remove the Chancellor; if he,—

(a)     has become of unsound mind; or

(b)     has been incapacitated to function as member of such authority; or

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

(d)     on the resolution of the Board of trustees for misconduct.

13.  Vice-Chancellor.—(1) There shall be a Vice-Chancellor of the University who shall be appointed by the Board of Trustees in consultation with the Chancellor. The Vice-Chancellor shall be an eminent academician or a distinguished administrator and 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 this Act, statutes, regulations and rules are faithfully observed. He shall have the overall responsibility for the direction, organization, administration and programmes of the University, in accordance with the guidelines and general policies formulated by the Board and for the implementation of the decisions and policies of the Board.

(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 an immediate action ordinarily not in his competence, take such action and report to the Board.

(5)     The Vice-Chancellor shall be appointed for a renewable tenure of five years on terms and conditions prescribed by statutes. The tenure of an incumbent Vice-Chancellor shall be renewed by the Chancellor on receipt of a resolution of the Board in support of such renewal and under recommendation of Board of trustees:

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

(6)     The Board may, pursuant to a resolution in this behalf passed by simple majority vote of its membership, and on the final recommendation of the Board of trustees recommend to the Chancellor the removal of the Vice-Chancellor on the ground of in-efficiency, 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 Board stating about in-efficiency, moral turpitude or physical or mental incapacity or gross misconduct on the part of the Vice-Chancellor that has come to his notice. After consideration of the reference, the Board under recommendation may, pursuant to a resolution in this behalf passed by simple majority of its membership, recommend to the Chancellor the removal of the Vice-Chancellor:

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

(7)     A resolution recommending 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 Board.

(8)     At any time when office of the Vice-Chancellor is vacant or the Vice-Chancellor is absent or is unable to perform functions of his office due to illness or some other cause, the Board shall make such arrangements for performance of the duties of the Vice-Chancellor as it may deem fit.

(9)     The Vice-Chancellor shall also have the following powers, namely:—

(a)     to oversee, monitor and supervise all academic activities, including examinations and applied research to ensure that proper academic standards are maintained, in consultation with the academic council and the Board;

(b)     to direct, faculty, scholars, 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 purposes of the University;

(c)     to sanction by re-appropriation an amount, not exceeding an amount prescribed by the Board, for an unforeseen item not provided for in the budget;

(d)     to make appointment of such categories of employees of the University and in such manner, as may be prescribed by statutes;

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

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

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

14.     Dean.—(1) There shall be a Dean of each faculty, department, college, institution or centre to be appointed by the Chancellor on recommendation of the Vice-Chancellor, on such terms and conditions as may be prescribed.

(2)     The Dean shall be in-charge of the faculty and shall assist the Vice-Chancellor on matters relating to teaching, research, academic program and extension of other development projects.

(3)     Subject to overall supervision of the Vice-Chancellor, the Dean shall formulate and recommend to the Academic Council, rules and regulations relating to academic and research matters of the faculty.

(4)     The Dean shall also have the following powers, namely:-

(a)     to collaborate with universities, industry and other research organizations;

(b)     to formulate recommendations to the Academic Council on the courses of study to be taught in different departments of the faculty;

(c)     to co-ordinate the award of fellowships, stipends, medals and prizes;

(d)     to co-ordinate the teaching and research work of the faculty;

(e)     to perform, such other functions and exercise such other powers as may be entrusted or delegated to him by the Board or the Vice-Chancellor; and

(f)      to delegate any of his powers to appropriate levels of management, subject to such conditions as he may deem fit.

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

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

(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 record 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 a renewable period of three years:

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

16.  Treasurer.—(1) there shall be a Treasurer of the University to be appointed by the Chancellor on recommendation of the Vice-Chancellor, on such terms and conditions as may be prescribed.

(2)     The experience as well as 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 annual and revised budget estimates of the University and present them to the Executive Committee or a committee thereof for approval and incorporation in the budget to be presented to the Board;

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

(d)     have accounts of the University audited annually; and

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

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

Provided that the Board may, on advice of the Vice-Chancellor, terminate the appointment of the Treasurer on grounds of in-efficiency or misconduct in accordance with prescribed procedure.

17.     Controller of examinations.—(1) There shall be a Controller of examinations to be appointed by the Board on 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 shall perform such other duties as may be prescribed.

(4)     The Controller of examinations shall be appointed for a renewable term of three years:

Provided that the Chancellor may, on advice of the Vice-Chancellor, terminate appointment of the Controller of examinations on grounds of in-efficiency or misconduct in accordance with prescribed procedure.

CHAPTER-IV
AUTHORITIES OF THE UNIVERSITY

18.     Authorities.—The following shall be the authorities of the University, namely:—

(a)     authorities established by the Act:—

          (i)      Board;

          (ii)     Executive Committee;

          (iii)    Academic Council; and

          (iv)    Board of Advance study and Research; and

(b)     authorities to be established by the statutes:—

          (i)      Board of studies;

          (ii)     selection Board;

          (iii)    finance and planning committee;

          (iv)    search committee for appointment of the Vice-Chancellor;

          (v)     representation committees for appointment to the Board;

          (vi)    Board of Trustees;

          (vii)   quality assurance committee;

          (viii)  discipline committee; and

          (ix)    such other authorities as may be prescribed by the Board.

19.  Board of Governors.—(1) The body responsible for governance of the University shall be described as the Board and shall consist of the following, namely:—

(a)     the Chairman of the Trust who shall be a chairperson of the Board (the Board).

(b)     the Chancellor;

(c)     the Vice-Chancellor;

(d)     one member of the Government not below the rank of Additional Secretary from any Ministry of Government;

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

                    Provided that 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 Board;

(f)      one person nominated by the Patron 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 nominated by the Board or Chancellor; and

(h)     one person nominated by the Higher Education Commission.

(2)     The number of members of the Board described under clauses (e) to (g) of sub-section (1) may be increased by the Board through statutes subject to the condition that total membership of the Board does not exceed twenty-one, with a maximum of five University teachers (faculty) and the increase is balanced, to the extent possible, across different categories specified in sub-section (1).

(3)     Appointment of persons described under clause (e) of sub-section (1) shall be made in accordance with procedure as may be prescribed. All appointments to the Board shall be made by the Chancellor in consultation of the Board of trustees and the Chairman of the Board will be permanent member of the Board with veto powers.

(4)     Members of the Board, 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 Board, to be determined by lot, shall retire from office on expiration of one year from the date of appointment by the Chancellor. One-half of the remaining members, other than ex-officio members, of the first restructured Board, to be determined by lot, shall retire from office on expiration of two years from the date of appointment and the remaining one-half, other than ex-officio members, shall retire from office on expiration of the third year.

(5)     The Board shall meet at least twice in a calendar year.

(6)     Service on the Board shall be on honorary basis:

Provided that actual expenses may be re-imbursed as may be prescribed.

(7)     The Registrar shall be Secretary of the Board.

(8)     In absence of the Chancellor, meetings of the Board 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 convener of the Board.

(9)     Unless otherwise prescribed by this Act, all decisions of the Board shall be taken on the basis of 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.

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

20.  Powers and functions of the Board of Governors.—(1) The Board shall have power of general supervision over the University and shall hold the Vice-Chancellor and the authorities accountable for all functions of the University.

(2)     The Board shall have all powers of the University not expressly vested in an authority or officer by this Act and all other powers not expressly provided by this Act that are necessary for performance of its functions but which are not inconsistent with the provisions of this Act or the statutes, regulations and rules made there under.

(3)     Without prejudice to the generality of the foregoing powers, and subject to the provision of this Act, the statutes and prior approval of the Board of trustees, the Board have the powers,—

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

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

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

(d)     to approve appointment of Deans, Professors, Associate Professors and 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, faculty, teachers and other employees of the University;

(f)      to approve the strategic plans of the University;

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

(h)     to consider drafts of statutes and regulations proposed by the Executive Committee and the Academic Council and deal with them in the manner as provided for in Sections 27 and 28, as the case may be:

                    Provided that the Board may make a statute or regulation on its own initiative and approve it after calling for advice of the Executive Committee 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 Board 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 Board in accordance with the provisions of this Act;

(k)     to make appointment of members of the Executive Committee, other than ex-officio members, in accordance with the provisions of this Act;

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

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

(n)     to remove any person from membership of any authority if such person has:—

          (i)      become of unsound mind; or

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

          (iii)    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.

(4)  The Board 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, colleges, institutions or centers for the purpose of exercising such powers and performing such functions in relation to such additional campus and for this purpose the Board may create new posts or positions at the additional campus as it deems appropriate.

21.  Executive Committee.—(1) There shall be an Executive Committee of the University consisting of the following, namely:—

(a)     Vice-Chancellor who shall be its chairperson;

(b)     Deans of faculties of the University;

(c)     three Professors from different departments, who are not members of the Board, to be elected by the University teachers in accordance with procedure to be prescribed by the Board of Trustees in consultation with the Board;

(d)     Principals of the constituent colleges, centers and institutions;

(e)     Registrar;

(f)      Treasurer; and

(g)     Controller of examinations.

(2)     Members of the Executive Committee, other than ex-officio members, shall hold office for three years.

(3)     As regards the three Professors described in clause (c) of sub-section (1), the Board may, as an alternative to elections, prescribe a procedure for proposal of a panel of names by the representation committee set up in terms of Section 25. Appointment of persons proposed by the representation committee may be made by the Board on recommendation of the Vice-Chancellor.

(4)     The quorum for a meeting of the Executive Committee shall be one-half of the total number of members, a fraction being counted as one.

(5)  The Executive Committee shall meet at least once in each quarter of the year.

22.  Powers and duties of the Executive Committee.—(1) The Executive Committee shall be the executive body of the University and shall, subject to the provisions of this Act and the statutes, exercise general supervision over affairs and management of the University.

(2)  Without prejudice to the generality of the foregoing powers and subject to the provisions of this Act, the statutes and directions of the Board of trustees, the Board, the Executive Committee shall have the following powers to,—

(a)     consider annual report, annual and revised budget estimates and to submit these, to the Board of trustees;

(b)     transfer, and accept transfer, of movable property on behalf of the University;

(c)     enter into, vary, carry out and cancel contracts on behalf of the University;

(d)     cause proper books of accounts to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University;

(e)     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 III of 1882) or in the purchase of immovable property or in such other manner, as it may prescribe, with the like power of varying such investments;

(f)      receive and manage any property transferred and grants, bequests, trust, gifts, donations, endowments and other contributions made to the University;

(g)     administer any funds placed at the disposal of the University for specified purposes;

(h)     provide the buildings, libraries, premises, furniture, apparatus, equipment and other means required for carrying out the work of the University;

(i)      establish and maintain halls of residence and hostels or approve or license hostels or lodgings for residence of students;

(j)      recommend to the Board admission of educational institutions to the privileges of the University and withdraw such privileges;

(k)     arrange for the inspection of colleges and the departments;

(l)      institute professorships, associate professorships, assistant professorships, lectureships and other teaching posts or to suspend or to abolish such posts;

(m)    create, suspend or abolish such administrative or other posts as may be necessary;

(n)     prescribe the duties of officers, teachers and other employees of the University;

(o)     report to the Board on matters with respect to which it has been asked to report;

(p)     appoint members to various authorities in accordance with the provisions of this Act;

(q)     propose drafts of statutes for submission to the Board;

(r)      regulate conduct and discipline of students of the University;

(s)      take actions necessary for good administration of the University in general and to this end exercise such powers as are necessary;

(t)      delegate any of its powers to any authority or officer or a committee; and

(u)     perform such other functions as have been assigned to it by provisions of this Act or may be assigned to it by statutes.

23.  Academic Council.—(1) The Academic Council of the University shall be the academic body of the University and shall by statues have the powers to lay down proper standards of instructions, research and publication and examination and to regulate and promote academic life of the University.

(2)     Without prejudice to the generality of the foregoing powers and subject to the provisions of this Act and the statutes the Academic Council shall have the powers to,—

(a)     advice the Board on the academic matters;

(b)     regulate the conduct of teaching, research, publication and examination;

(c)     approve the policies and procedures pertaining to the quality of academic programs;

(d)     approve academic programs;

(e)     approve the policies and procedures pertaining to student-related functions including admissions, expulsions, punishments, examinations and certification;

(f)      approve the policies and procedures assuring quality of teaching and research;

(g)     propose to the Executive Committee schemes for the constitution and organization of faculties, teaching departments and Boards of studies;

(h)     appoint paper setters and examiners for all examinations of the University after receiving panels of names from the relevant authorities;

(i)      institute programs for the continued professional development of University teachers at all levels;

(j)      recognize examinations of other universities or examining bodies as equivalent to the corresponding examinations of the University;

(k)     regulate award of studentships, scholarships, exhibitions, medals and prizes;

(l)      make regulations for submission to the Board for the constitution of faculties and the teaching departments;

(m)    prepare an annual report on academic performance of the University;

(n)     regulate the admission of students to the courses of studies and the examinations at the University;

(o)     regulate the conduct and the discipline of the students and faculty; and

(p)     perform such functions as may be prescribed by regulations and statutes.

(3)     There shall be academic department for each subject or group of subjects as may be prescribed by regulations and each academic department shall be headed by a head of department.

(4)     The head of Academic Department shall be appointed be the Board on the recommendation of the Vice-Chancellor from amongst three senior most professors shall be eligible for re-appointment provided that in a department where there are less than three eligible professors, the appointment shall be made amongst three most senior associates professors and professors of departments. The head of department shall plan, organize and supervise the work of department and shall be responsible to the Dean for the work of department.

(5)     The head of department shall under the supervision of Vice-Chancellor and Dean supervise all administrative, financial and academic powers and such other duties and powers as may be delegated to him.

(6)     The head of departments shall prepare a comprehensive reports regarding the performance of departments at the under graduate, graduate and post graduate level, faculty research and development and submit the report to the Dean of faculty for his evaluation.

(7)     The Board of advance studies and research shall consist of:

(a)     Vice-Chancellor;

(b)     all the Deans;

(c)     one University professor from each faculty other than Dean to be appointed by the Board;

(d)     one member nominated by the Patron;

(e)     three members from the relevant research originations and Government departments to be nominated by the Board and registrar as the Secretary; and

(f)      term of the members of Board of advance studies shall be other than the ex-officio member shall be three years and the quorum will be one half of total number of members.

24.     First Statutes.—The schedule prescribes the regulations for the establishment of departments, faculties and bodies under the first statutes of the University.

25.     Appointment of committees by certain authorities.—(1) The Board, the Executive Committee, the Academic Council and other authorities may, from time to time, appoint such standing, special or advisory committees, as they may deem fit, and may place on such committee persons who are not members of the authorities appointing the committees.

(2)     The Board of Trustees shall take necessary actions on all related issues of the University and its decision shall be the final after Chairman of the trust's decision on that issue.

(3)     The constitution, functions and powers of the authorities for which no specific provision has been made in this Act shall be such as may be prescribed by statutes or regulations.

CHAPTER-V
STATUTES, REGULATIONS AND RULES

26.     Regulations.—(1) Subject to the provisions of this Act and the statues, the Academic Council may make regulations, to be published in the official Gazette, for all or any of the following matters, namely:—

(a)     courses of study for degrees, diplomas and certificates of the University;

(b)     manner in which the teaching referred to in sub-section (1) of Section 6 shall be organized and conducted;

(c)     admission and expulsion of students to and from the University;

(d)     conditions under which students shall be admitted to the courses and examinations of the University and shall become eligible for award of degrees, diplomas and certificates;

(e)     conduct of examinations;

(f)      conditions under which a person may carry on independent research to entitle him to a degree;

(g)     institution of fellowships, scholarships, exhibitions, medals and prizes;

(h)     use of the library;

(l)      formation of faculties, departments and Board of studies; and

(j)      all other matters which by this Act or the statutes are to be or may be prescribed by regulations.

(2)     Regulations shall be proposed by the Academic Council and shall be submitted to the Board which may approve them or withhold approval or refer them back to the Academic Council for re-consideration. A regulation proposed by the Academic Council shall not be effective unless it receives approval of the Board.

(3)     Regulations regarding or incidental to matters contained in clauses (g) and (i) of sub-section (1) shall not be submitted to the Board without prior approval of the Executive Committee.

27.     Amendment and repeal of statutes and regulations.—The procedure for adding to amending or repealing the statutes and the regulations shall be the same as that prescribed respectively for framing or making Statutes and Regulations.

28.     Rules.—(1) The authorities and other bodies of the University may make rules, to be published in the official Gazette, consistent with this Act, statutes and the regulations, to regulate any matter relating to affairs of the University which has not been provided for under this Act or that is not required to be regulated by statutes and regulations, including rules to regulate the conduct of business and the time and place of meetings and related matters.

(2)  Rules shall become effective upon approval by the Executive Committee and the Board of trustees.

CHAPTER-VI
UNIVERSITY FUND

29.     The University fund.—(1) The University shall have a fund to which shall be credited its income from fees, donations, trusts, bequests, endowments, grants, contributions and all other sources:

(2)     Capital recurrent expenditure of the University shall be met from contributions made by the Board and any other source, including other foundations, universities and individuals and from the income derived from such sources.

(3)     No contribution, donation or grant which may directly or indirectly involve any immediate or subsequent financial liability for the University, shall be accepted without prior approval of the Board.

30.     Audit and accounts.—(1) The accounts of the University shall be maintained in such form and manner as may be determined by the Board and work under the Finance and Planning Committee. The committee shall consist of Vice-Chancellor, all the Deans, one member of the Board nominated by the Board, one nominee of the Academic Council, and one member of the independent auditor. The quorum of the meeting shall be five and the term of nominated members will be three years. The Director finance shall be the Secretary of the Finance and Planning Committee.

(2)  Function of committee shall be to prepare the annual statement of accounts, propose and annul budget estimates and advice to the Board thereon, review periodically the financial position of the University and advice the Board on all matters related to finance, investment and accounts of the University and to perform such other functions as may be prescribed by the statutes.

CHAPTER-VII

GENERAL PROVISIONS

31.     Commencement of term of members of authorities.—(1) When a member of a authority is elected, appointed or nominated, his term of office, as fixed under this Act shall commence from such date as may be prescribed.

(2)  Where a member who has accepted any other assignment or for any other similar reason remained absent from the University for a period of not less than six months, he shall be deemed to have resigned and vacated his seat.

32.     Disputes about membership of authorities.—(1) Notwithstanding anything contained in this Act, a person nominated or appointed to any authority shall cease to be member of such authority as soon as he ceases to hold the position by virtue of which he was nominated or appointed.

(2)  If a question arises whether any person is entitled to be a member of any authority, the matter shall be referred to a committee consisting of the Chancellor, two nominees of the Board and a nominee of the Vice-Chancellor and decision of the committee thereon shall be final and binding.

33.     Proceedings of authorities not invalidated by vacancies.—No act, resolution or decision of any authority shall be invalid by reason of any vacancy on the authority doing, passing or making it or by reason of any want of qualification or appointment or nomination of any de facto member or the authority, whether present or absent.

34.     Removal of difficulties.—If any difficulty arises as to the first constitution or re-constitution of any authority upon coming into force of this Act or otherwise in giving effect to any provision of this Act, the Patron may give appropriate directions to remove such difficulty.

35.     Indemnity.—No suit or legal proceedings shall lie against the Government, the University or any authority or employee of the University or any person, in respect of anything which is done or purported to have been done in good faith under this Act.

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ACT NO. X OF 2013

PAKISTAN COINAGE (AMENDMENT) ACT, 2013

An Act further to amend the Pakistan Coinage Act, 1906

[Gazette of Pakistan, Extraordinary, Part-I, 14th March, 2013]

No. F. 9(18)/2012-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 11th March, 2013, is hereby published for general information:—

WHEREAS it is expedient further to amend the Pakistan Coinage Act, 1906 (III of 1906), for the purposes hereinafter appearing;

It is hereby enacted as follows:—

1.  Short title and commencement.—(1) This Act may be called Pakistan Coinage (Amendment) Act, 2013.

(2)  It shall come into force at once.

2.  Amendment of Section 6, Act III of 1906.—In the Pakistan Coinage Act, 1906 (III of 1906), hereinafter referred to as the said Act, in Section 6, after the word "denominations" the words "nor less than one rupee" shall be inserted.

3.  Substitution of Section 13, Act III of 1906.—In the said Act, for Section 13, the following shall be substituted, namely:—

"13. Coins when a legal tender.—(1) The coins issued under the authority of Section 6 shall be legal tender in payment or on account for any sum:

          Provided that the coin has not been defaced and has not lost weight so as to be less than such weight as may be prescribed in its case.

(2) All the gold or silver coins issued under the Act on or after the 1st day of January, 1976, shall continue as before to be legal tender in payment of on account for any sum:

          Provided that the coin has not been defaced and has not lost more than one-fortieth of weight as specified below:-

(a)     in case of gold,—

          (i)      33.437 grams in the case of three thousand rupee coin issued in 1976 to commemorate the conservation of Astor Markhor;

          (ii)     9 grams in the case of one thousand rupee coin issued in 1977 to commemorate the Islamic Summit Conference;

          (iii)    4.5 grams in the case of five hundred rupee coin issued in 1976 to celebrate the 100th birth anniversary of Quaid-e-Azam Muhammad Ali Jinnah; and

          (iv)    3.64 grams in the case of five hundred rupee coin issued in 1977 to celebrate the 100th birth anniversary of Allama Iqbal; and

(b)     in case of silver,—

          (i)      28.28 grams in the case of one hundred rupee coin issued in 1976 to commemorate conservation of Western Trogopan;

          (ii)     20.44 grams in the case of one hundred rupee coin issued in 1976 to celebrate the 100th birth anniversary of Quaid-e-Azam Muhammad Ali Jinnah;

          (iii)    20.44 grams in the case of one hundred rupee coin issued in 1977 to commemorate the Islamic Summit Conference;

          (iv)    20.40 grams in the case of one hundred rupee coin issued in 1977 to celebrate the 100th birth anniversary of Allam Iqbal; and

          (v)     35 grams in the case of one hundred fifty rupee coin issued in 1976 to commemorate the conservation of Gharial Crocodile.".

4.       Insertion of new Section 15AA, Act III of 1906.—In the said Act, after Section 15A, the following new section shall be inserted, namely:—

"15AA. Decimal coinage.—State Bank of Pakistan shall exchange corns of paisa 1,2,5,10,25 and 50, already issued by the Federal Government, till such date as notified by the State Bank of Pakistan; thereafter, these coins shall cease to be legal tender,".

5.       Omission of Section 15B, Act III of 1906.—In the said Act, Section 15B shall be omitted.

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ACT NO. XI OF 2013

ISLAMABAD CAPITAL TERRITORY PRIVATE EDUCATIONAL INSTITUTIONS (REGISTRATION AND REGULATION) ACT, 2013

An Act to provide for the registration, regulation and functioning of private educational institutions in Islamabad Capital Territory

[Gazette of Pakistan, Extraordinary, Part-I, 19th March, 2013]

No. F. 9(1)/2013-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 16th March, 2013, is hereby published for general information:—

WHEREAS, it is expedient to regulate the functioning of private educational institutions in the Islamabad Capital territory and to provide for the registration of such institutions ensuring adequate transparency and proper discipline and for matters connected therewith or incidental thereto;

It is hereby enacted as follows:—

1.       Short title, extent and commencement.—(1) This Act may be called the Islamabad Capital Territory Private Educational Institutions (Registration and Regulation )Act, 2013.

(2)     It extends to the whole of the Islamabad Capital Territory.

(3)     It shall come into force at once.

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

(a)     "Authority" means the Islamabad Capital Territory Private Educational Institutions Regulatory Authority (ICT-PEIRA) established under Section 3;

(b)     "Board" means the Federal Board of Intermediate and Secondary Education, Islamabad;

(c)     "Chairman" means the Chairman of the Authority;

(d)     "college" means a privately managed college imparting education for intermediate or higher secondary education or equivalent;

(e)     "Government" means the Federal Government;

(f)      "institution" means a privately managed school, college, tuitions centre or an institution imparting education upto intermediate or higher secondary school level or equivalent;

(g)     "member" means the member of the Authority;

(h)     "prescribed" means prescribed by rules or regulations made under this Act;

(i)      "privately managed" means an institution which is not owned or managed by a Government, a local body or a body set up or control led by the Government; and.

(j)      "school" means a privately managed school or tuition centre imparting education at pre-primary level including day-care centre and from pre-primary level to secondary education level or equivalent.

3.       Establishment of the Authority.—(1) There shall be established an Authority to be known as the Islamabad Capital Territory Private Educational Institutions Regulatory Authority (ICT-PEIRA).

(2)  The Authority shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Act to enter into contracts, acquire and hold property, both movable and immovable, and shall by the said name sue and be sued.

4.       Aims and objectives of Authority.—The aims and objectives of the Authority shall be to register and regulate privately managed educational institutions in the Islamabad Capital Territory to ensure that such institutions follow a uniform policy that includes,—

(a)     curricula according to Federal scheme of studies;

(b)     duration of academic session and holidays or vacations;

(c)     determination and fixation of rate of fee being charged by the institutions, qualifications of teaching staff, their terms and conditions of service including salaries and mode of payment of their salaries;

(d)     promotion of curricular and co-cumcular activities on inter-institutional basis;

(e)     achievement of fair measure of uniformity of academic standards and evaluation among the institutions;

(f)      capacity building of teachers; and

(g)     performance of such other functions as may be incidental or conducive, to the attainment of the aforementioned objectives.

5.       Functions and power of the Authority.—(1) the functions and powers of the Authority shall be,—

(a)     to regulate, determine and administer all matters and do all such acts and things as are necessary for the achieving of aims and objectives of this Act;

(b)     to register and regulate, private educational institutions in Islamabad Capital Territory including fixation of grade-wise rate of admission fee, security fee, monthly tuition fee and other fees being charged by private educational institutions;

(c)     to cause inspections to be made by such persons as the Authority may nominate of institutions applying for registration or of registered institutions;

(d)     to withdraw registration if it is satisfied after the inspection that the management and instructions in an institution are not of Prescribed standard and are in violation of the provisions of this Act;

(e)     to check qualifications of teaching staff and their terms and conditions of service;

(f)      to fix, demand and receive such fee for registration and inspection of the institution as may be prescribed;

(g)     to adopt measures to promote physical and moral well-being of students including sports facilities;

(h)     to ensure that the services, quality of education being provided and salary paid to the teachers commensurate with the fee being charged;

(i)      to ensure that the building of the institution is adequate and its structure is sound to house the students;

(j)      to arrange for the annual audit of the accounts of the Authority;

(k)     to execute any other important matter concerning its functions as may be incidental or conducive to the exercise of aforesaid powers and performance of functions; and

(l)      to make rules, regulations and policy and to execute the same; and

(m)    to prescribe fines to be imposed for, violation of any of the provisions conferred upon the Authority under this section.

(2)     The Authority shall perform such other functions as may be assigned to it by the Government including the appointment of staff and determination of their terms and conditions of service for proper execution of the functions assigned to the Authority under this Act.

(3)     In discharge of its functions the Authority shall be guided on questions of policy given to it from time to time by the Government.

(4)     All the law enforcement agencies shall come in aid of the Authority in exercise of its powers and performance of its functions.

6.       Composition of the Authority.—The Authority shall consist of a Chairman, two Members possessing qualifications and experience as may be prescribed:

Provided that the Government may at any time, increase the number of members and by notification in the official Gazelle, prescribed the qualifications and mode of their appointment.

7.       Appointment, functions and powers of Chairman.—(1) The Chairman and the members shall be appointed by the Government on such terms and conditions as it may determine.

(2)     The Chairman shall be the chief executive officer of the Authority, who shall ensure the observance of the provisions of this Act and the rules, regulations and policy made there under.

(3)     The Chairman shall take all possible steps to ensure that the funds of the Authority are spent judiciously and properly.

8.       Maintenance of accounts and audit.—The Authority shall maintain complete accounts of income and expenditure in such manner and form as the Government, in consultation with the Controller General of Accounts, may determine. The accounts shall be audited by the Auditor General of Pakistan annually.

9.       Funds.—(1) The Authority shall be a self-financing body. In addition to this, the Government shall allocate annual grant which shall be at the disposal of the Authority, to meet all the expenses including pay and allowances of the staff.

(2)  The Authority shall have a Fund to which shall be credited all income including income from inspection fee, registration fee, security fee, fine, other sources and annual grant from the Government, and account therefore shall be maintained in a scheduled bank.

10.     Staff's pay and allowances.—(1) The pay and allowances of the staff shall be such as are in force in the Board or other similar regulatory authorities of the Government.

(2)  The Authority may appoint such staff as may be prescribed under rules for carrying out its functions.

11.     Directions from Government.—The general direction and administration of the affairs of the Authority shall vest in the Chairman and members. The Government shall be the sole judge as to whether a question is a question of policy and may, as and when it considers necessary, issue directives to the Authority on matters of policy and the same shall be binding on the Authority.

12.     Establishment or continuance of an institution.—No institution shall be established or continued except in accordance with the provisions of this Act.

13.     Application for registration of an institution.—(1) Any person intending to establish or continue any existing institution shall make an application to the Authority in the prescribed form accompanied by such documents and fee as may be prescribed.

(2)     An existing institution may continue to function for a period not exceeding ninety days from the commencement of this Act and where an application is made under sub-section (1) until the application is rejected or if any appeal is preferred until the decision of the appeal.

(3)     Every institution or its branches running under the same management or name at different premises shall be registered separately.

(4)     Affiliation of a private educational institution with the Board or any foreign board or any other examining body shall be subject to registration with the Authority.

14.     Inquiry and recommendation about the application.—(1) The Authority may, on the receipt of an application under Section 13 constitute an Inspection Committee to make inquiry about such matters as may be prescribed.

(2)     The Inspection Committee shall submit its recommendations to the Authority within thirty days of the receipt of the application by it under sub-section (1).

(3)     The Authority shall, after considering the report of the Inspection Committee and after making such further inquiry, as it considers necessary, either grant or reject the application.

(4)     The Authority shall record reasons for granting or rejecting the application:

Provided that no order of refusal shall be made without giving the person concerned an opportunity of being heard.

15.     Monitoring, inspection, etc.—(1) An institution shall be subject to monitoring by the Authority and for this purpose the Government or any officer or authority authorized by it may inspect any institution with a view to ensuring that such an institution is maintained in accordance with the provisions of this Act, the rules and the terms and conditions of the certificate of registration and the management of the institution shall afford all facilities for carrying out a proper inspection.

16.     Cancellation or suspension of certificate of registration.—(1) Where the Authority, on receipt of a complaint or otherwise, after making such inquiry or inspection as deemed fit, is satisfied that there is a contravention of any of the provisions of this Act, the rules or terms or condition of the certificate of registration or any order passed or instruction issued by the Authority, it may after giving an opportunity to the person concerned of being heard, suspend or cancel the certificate of registration:

Provided that where the default can be remedied no order shall be made unless an opportunity is provided to the person concerned to rectify such default within the specified period.

(2)     On the cancellation or suspension of the certificate of registration, the Authority may make such orders and take such action with respect to the completion of the current education term as may be considered necessary.

(3)     On the cancellation of the certificate of registration under this section, the institution shall be closed down by the Authority.

17.  Appeal.—Where the Authority rejects an application for registration or suspends or cancels the certificate of registration the aggrieved person may, within thirty days from the date of the order of the Authority, prefer an appeal to the Secretary, Ministry of Capital Administration and Development and the order passed by him shall be final and given effect to by the Authority.

18.  Annual reports.—(1) The institutions shall furnish to the Authority each year a report on annual audit accounts, repon on the activity of the institution during the preceding year and such information relating to its activities as may be required by the Authority.

(2)     The Authority may, from time to time, give such instructions as it considers necessary for compliance by the institutions.

(3)     The Authority shall submit to the Government, as soon as possible after the end of every financial year but before the 30th September, a report on the conduct of its affairs for the year.

19.     Penalty.—Subject to the provisions of Section 13, whoever runs an institution in contravention of the provisions of this Act or the rules made there under shall be punished with imprisonment which may extend to one year or with fine which may extend to five thousands rupees for each day during the period the offence continues, or with both.

20.     Cognizance of offence.—No court snail take cognizance of an offence under this Act except upon a complaint in writing made by the Authority or any other authorized by it in this behalf and no court inferior to that of a Magistrate of the First Class shall try any such offence.

21.     Indemnity.—No suit or legal proceedings shall lie against the Government, the Authority or any person acting under this Act for anything which is done in good faith or intended to be done under this Act.

22.     Power to make rules.—The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Act.

23.     Power to make regulation.—A board may, with the prior approval in writing of the Government, make such regulations as appear to it to be necessary for carrying out the purposes of this Act.

24.  Removal of difficulties.—If any difficulty arises in giving effect to any provisions of this Act, the Government may make such order, not inconsistent with the express provisions of this Act, as may appear to it necessary or expedient for the purpose of removal of the difficulty.

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