ACT XXV OF 2015

THE UNIVERSITY OF JHANG ACT, 2015

An Act to provide for the establishment of University of Jhang

[Gazette of Punjab, Extraordinary, 16th June, 2015]

No. PAP/Legis-2(74)/2015/1247. The University of Jhang Bill 2015, having been passed by the Provincial Assembly of the Punjab on June 10, 2015, and assented to by the Governor of the Punjab on June 15, 2015, is hereby published as an Act of the Provincial Assembly on the Punjab.

It is expedient to provide for the establishment of University of Jhang and to deal with ancillary matters;

Be it enacted by the Provincial Assembly of the Punjab as follows:

CHAPTER I

PRELIMINARY

1.  Short title and commencement.--(1) This Act may be cited as University of Jhang Act, 2015.

(2)  It shall come into force at once.

2.  Definitions.--In this Act:

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

(b)      “affiliated college” means a college or institute affiliated with the University;

(c)      “Authority” means an Authority of the University;

(d)      “chairperson” means the head of an academic department and includes the Principal of a constituent college or Director of an institute;

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

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

(g)      “constituent college” means a college maintained and administered by the University;

(h)      “Controller of Examinations” means Controller of Examinations of the University;

(i)       “Dean” means the head of a Faculty of the University;

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

(k)      “Faculty” means an administrative and academic unit of the University consisting of one or more departments, institutes or constituent colleges;

(l)       “Government” means Government of the Punjab;

(m)     “institute” means an institute established, maintained and administered by the University;

(n)      “prescribed” means prescribed by the rules, statutes or regulations;

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

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

(q)      “Punjab Higher Education Commission” means Punjab Higher Education Commission set up under the Punjab Higher Education Commission Act, 2014 (I of 2015);

(r)      “Registrar” means Registrar of the University;

(s)      “statutes”, “regulations” and “rules” respectively mean the statutes, regulations and rules made or deemed to have been made under the Act;

(t)      “student” means a student of the University;

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

(v)      “teacher” includes a Professor, Associate Professor, Assistant Professor or Lecturer, Teaching Assistant, Demonstrator and Instructor engaged whole time by the University and such other persons as may be prescribed;

(w)     “Treasurer” means Treasurer of the University;

(x)      “University” means the University of Jhang; and

(y)      “Vice Chancellor” means Vice Chancellor of the University.

CHAPTER II

THE UNIVERSITY

3.  Incorporation.--(1) The Government shall, by notification, establish a University to be called University of Jhang with its campus located at Jhang.

(2)  The University shall consist of the following:

(a)      Chancellor;

(b)      Pro-Chancellor;

(c)      Vice Chancellor;

(d)      Pro-Vice Chancellor;

(e)      members of an Authority;

(f)       chairpersons and Deans;

(g)      teachers and students; and

(h)      officers and members of the staff of the University.

(3)  The University shall be a body corporate by the name of University of Jhang and shall have a perpetual succession and a common seal and may, by the said name, sue and be sued.

(4)  The University shall be competent to acquire and hold property both movable and immoveable and lease, sell or otherwise transfer any movable or immoveable property which vests in or has been acquired by it.

(5)  The University may, with the approval of the Government, open and administer a sub-campus of the University after the expiry of ten years from the commencement of the Act.

4.  Functions of the University.--(1) The University shall:

(a)      provide for instructions in such branches of learning as it may deem fit, and make provisions for teaching, training, research and for the application, advancement and dissemination of knowledge in such manner as it may determine;

(b)      prescribe courses of studies;

(c)      hold examinations in the prescribed manner and, if a person qualifies the examination, award degree, diploma, certificate and other academic distinction to the person;

(d)      confer degree on a person who has successfully conducted research in the prescribed manner;

(e)      create posts in connection with teaching, research, administration, and for any other purpose related thereto and appoint persons against those posts;

(f)       establish and support other facilities for education, training and research;

(g)      institute and award financial assistance to students in need, fellowships, scholarships, bursaries, medals and prizes in the prescribed manner;

(h)      establish academic departments, Faculties, constituent colleges and institutes for the development of teaching and research and make such arrangements for their maintenance, management and administration, as it may determine;

(i)       control and maintain University halls of residence for students and approve any place as hostel or lodging for students;

(j)       supervise and control the discipline of students of the University;

(k)      maintain order, discipline and security in a campus of the University;

(l)       take disciplinary action against and impose penalty on students in the prescribed manner;

(m)     charge and receive such fees and other payments as it may determine;

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

(o)      provide for the printing and publication of research and other work as prescribed;

(p)      provide career counselling and job search services to the students and alumni;

(q)      promote co-curricular and recreational activities of the students and make arrangements for promoting health and general welfare of the students; and

(r)      perform any other prescribed or ancillary function.

(2)  The University may:

(a)      institute programmes for the exchange of students and teachers between the University and any other university, educational institution or research organization;

(b)      develop and implement fund-raising plans;

(c)      accept an examination and the period of study spent by a student at any other university or place of learning equivalent to an examination or period of study of the University and may withdraw such acceptance;

(d)      cooperate with a public authority, university or private organization in the prescribed manner;

(e)      make provision for research, advisory or consultancy services and enter into arrangements with any other institution, public or private body, commercial or industrial enterprise in the prescribed manner;

(f)       print and publish research or work;

(g)      exercise any power ancillary to the above powers or as may be prescribed;

(h)      admit any college or other educational institution to its privileges or without such privileges in the prescribed manner; and

(i)       affiliate or de-affiliate a college or any other educational institution within the territorial limits of Jhang division in the prescribed manner.

5.  Jurisdiction of the University.--The jurisdiction of the University shall extend to the Province of the Punjab.

6.  University to be open to all classes and creeds.--The University shall be open to all persons irrespective of gender, religion, race, creed, class or colour and no person shall be denied the privileges of the University on any such ground.

7.  Fee and other charges.--The University may prescribe and, from time to time, increase fee and other charges with the approval of the Syndicate.

CHAPTER III

OFFICERS OF THE UNIVERSITY

8.  Officers of the University.--The following shall be the officers of the University:

(a)      Chancellor;

(b)      Pro-Chancellor;

(c)      Vice Chancellor;

(d)      Pro-Vice Chancellor;

(e)      Deans;

(f)       Chairpersons;

(g)      teachers;

(h)      Registrar;

(i)       Treasurer;

(j)       Controller of Examinations;

(k)      Resident Auditor; and

(l)       such other persons as may be prescribed.

9.  Chancellor.--(1) Governor of the Punjab shall be the Chancellor of the University.

(2)  The University may, subject to prior approval of the Chancellor, confer an honorary degree on a person of eminence.

(3)  The Chancellor or a nominee of the Chancellor shall preside at convocation of the University.

(4)  In the performance of his functions under this Act, the Chancellor shall act and shall be bound in the same manner as the Governor of a Province acts and is bound under Article 105 of the Constitution of the Islamic Republic of Pakistan.

10.  Inspection and inquiry.--(1) The Chancellor may direct inspection or inquiry into the affairs of the University.

(2)  The Chancellor shall convey the views with regard to the result of the inspection or inquiry to the Syndicate and may, after ascertaining the views of the Syndicate, direct any remedial action to the Syndicate.

(3)  The Syndicate shall, within the time specified by the Chancellor, submit report to the Chancellor about the action taken on the direction of the Chancellor.

(4)  If the Syndicate fails to take action to the satisfaction of the Chancellor within the specified time, the Chancellor may issue such direction as the Chancellor deems appropriate and the Syndicate shall comply with the direction.

(5)  The Chancellor may set aside a decision or action of the Syndicate, which, in the opinion of the Chancellor, is against the law, interest of academic excellence of the University, religious or cultural ideology, or national integrity.

11.  Pro-Chancellor.--(1) Minister for Higher Education of the Government shall be the Pro-Chancellor of the University.

(2)  The Pro-Chancellor shall perform functions under this Act and exercise such powers of the Chancellor, except the powers under Section 10, as may be prescribed or assigned to him by the Chancellor.

12.  Vice Chancellor.--(1) A person who is eligible and who is not more than sixty five years of age on the last date fixed for submission of applications for the post of the Vice Chancellor may apply for the post.

(2)  The Government shall determine, by notification in the official Gazette, the qualifications, experience and other relevant requirements for the post of the Vice Chancellor.

(3)  The Government shall constitute, for a term of two years, a Search Committee consisting of not less than three and not more than five members for making recommendations for appointment of the Vice Chancellor.

(4)  The Search Committee shall follow such procedure and criteria, for selection of the panel for the post of the Vice Chancellor, as the Government may, by notification, determine.

(5)  The Search Committee shall recommend to the Government, in alphabetical order without any preference, a panel of three persons who, in its opinion, are suitable for appointment as the Vice Chancellor.

(6)  The Chancellor shall appoint the Vice Chancellor for each term of four years but he shall serve during the pleasure of the Chancellor.

(7)  The Government shall determine the terms and conditions of service of the Vice Chancellor.

(8)  The incumbent Vice Chancellor shall not be allowed any extension in his tenure but subject to eligibility he may again compete for the post of the Vice Chancellor in accordance with the procedure prescribed by or under this section.

(9)  If the office of the Vice Chancellor is vacant or the Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Pro-Vice Chancellor shall perform the functions of the Vice Chancellor but, if at any time, the office of Pro-Vice Chancellor is also vacant or the Pro-Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Chancellor shall make temporary arrangements for the performance of the duties of the Vice Chancellor but the period of such temporary arrangements shall not exceed six months.

(10)  The Pro-Vice Chancellor or any other person acting as Vice Chancellor under sub-section (9) shall not, in any case, perform the functions of the Vice Chancellor for the period of more than six months and the Chancellor shall, within this period, ensure appointment of the Vice Chancellor under this section.

13.  Powers of the Vice Chancellor.--(1) The Vice Chancellor shall be the chief executive and academic officer of the University and shall ensure that the provisions of this Act, statutes, regulations and rules are faithfully observed in order to promote teaching, research, technological development, publications, administration and the general efficiency and good order of the University.

(2)  The Vice Chancellor shall preside over the meetings of the Authorities of which he is the Chairperson and be entitled to attend and preside over any meeting of any other Authority or body of the University.

(3)  Subject to such conditions as may be prescribed, the Vice Chancellor may, in an emergency, take an action which is not otherwise in the competence of the Vice Chancellor but is in the competence of any other Authority.

(4)  The Vice Chancellor shall, within seven days of taking an action under sub-section (3), submit a report to the members of the Syndicate; and, the Syndicate shall, within forty five days of the action of the Vice Chancellor, pass such orders as it may deem appropriate.

(5)  Subject to the general supervision and control of the Syndicate, the Vice Chancellor may:

(a)      direct a teacher, officer or other employee of the University to take up such assignment in connection with examination, administration or any other activity in relation to the University;

(b)      sanction by re-appropriation an amount for an unforeseen item not provided for in the budget of the University;

(c)      make appointments of employees of the University in BS-16 or below in such manner as may be prescribed;

(d)      take disciplinary action against a teacher, officer or any other employee of the University in the prescribed manner;

(e)      delegate, subject to such conditions as may be prescribed, any of his powers to a teacher or officer of the University; and

(f)       exercise such other powers as may be prescribed or as may be assigned by the Syndicate.

(6)  The Vice Chancellor shall prepare an annual report containing information as regards the preceding academic year including disclosure of all relevant facts pertaining to academics, research, administration and finances of the University.

(7)  The Vice Chancellor shall, within three months of the conclusion of an academic year, submit the annual report of the University to the Syndicate.

14.  Pro-Vice Chancellor.--(1) The Chancellor shall nominate the Pro-Vice Chancellor of the University, from amongst three senior most Professors of the University, for a term of three years.

(2)  A Pro-Vice Chancellor shall perform such functions as may be assigned to him under this Act, statutes or regulations.

(3)  The Syndicate or the Vice Chancellor may assign any other functions to the Pro-Vice Chancellor in addition to his duties as Professor.

15.  Registrar.--(1) The Syndicate shall recommend to the Government, in alphabetical order, a panel of three persons short-listed through a competitive process for appointment as Registrar.

(2)  The Government shall appoint the Registrar for each term of three years in such manner and on such terms and conditions as may be prescribed.

(3)  The Government shall not appoint a person as Registrar unless he possesses the prescribed qualifications and experience.

(4)  The Registrar shall be a whole 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 secretarial support to the Syndicate and the Vice Chancellor;

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

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

(d)      supervise the process of election, appointment or nomination of a member to an authority or body of the University in the prescribed manner; and

(e)      perform such other duties as may be prescribed, or as may be assigned by the Vice Chancellor or the Syndicate.

(5)  If the office of the Registrar is vacant or the Registrar is absent or is unable to perform the functions of the Registrar owing to any cause, the Government shall make temporary arrangements for the performance of the duties of the Registrar but the period of such temporary arrangements shall not exceed six months.

16.  Treasurer.--(1) The Chancellor shall, on the recommendations of the Syndicate, appoint the Treasurer on such terms and conditions as may be prescribed and until so prescribed as the Chancellor may determine.

(2)  A person shall not be appointed as Treasurer unless he possesses the prescribed qualifications and experience.

(3)  The Treasurer shall be a whole time officer of the University and shall:

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

(b)      prepare the annual and revised budget estimates of the University and present the estimates to the Syndicate;

(c)      ensure that the funds of the University are spent according to the budget or any other special arrangement;

(d)      ensure that the accounts of the University are audited annually and are available for submission to the Syndicate within six months of the end of a financial year; and

(e)      perform such other functions as are prescribed or as may be assigned to him by the Vice Chancellor or the Syndicate.

(4)  The Treasurer shall hold office for each term of three years.

17.  Controller of Examinations.--(1) The Chancellor shall, on the recommendations of the Syndicate, appoint the Controller of Examinations on such terms and conditions as may be prescribed and until so prescribed as the Chancellor may determine.

(2)  A person shall not be appointed as Controller of Examinations unless he possesses the prescribed qualifications and experience.

(3)  The Controller of Examinations shall be a whole 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 or assigned by the Vice Chancellor or the Syndicate.

(4)  The Controller of Examinations shall hold office for each term of three years.

18.  Resident Auditor.--(1) The Syndicate shall appoint, on deputation, a Resident Auditor of the University from amongst the panel recommended by the Government.

(2)  The University shall request the Government to send a panel of three Government officers qualified to be appointed as the Resident Auditor of the University.

(3)  The Resident Auditor shall hold office for each term of three years.

(4)  The Resident Auditor shall perform such functions as are prescribed or as the Syndicate may assign.

19.  Other appointments.--The University may appoint such persons in its service as may be necessary in such manner and on such terms and conditions as may be prescribed.

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY

20.  Authorities of the University.--(1) The following shall be the Authorities of the University:

(a)      Syndicate;

(b)      Academic Council;

(c)      Boards of Faculties;

(d)      Board of Advanced Studies and Research;

(e)      Boards of Studies

(f)       Selection Board;

(g)      Finance and Planning Committee; and

(h)      such other Authorities as may be prescribed under the statutes.

(2)  The Syndicate may constitute committees consisting of the members of the Syndicate or it may create committees consisting of members of the Syndicate or teachers or officers of the University or a combination of all or any of such persons.

21.  Syndicate.--(1) The Syndicate shall consist of:

(a)      Pro Chancellor who shall be its Chairperson;

(b)      Vice Chancellor;

(c)      Pro-Vice Chancellor;

(d)      Secretary to the Government, Higher Education Department or his nominee not below the rank of Additional Secretary;

(e)      Secretary to the Government, Finance Department or his nominee not below the rank of Additional Secretary;

(f)       Secretary to the Government, Law and Parliamentary Affairs Department or a nominee not below the rank of Additional Secretary;

(g)      Chairperson of the Commission or his nominee not below the rank of a whole-time Member of the Commission;

(h)      Chairperson of the Punjab Higher Education Commission or his nominee not below the rank of a whole-time member of the Commission;

(i)       Three members of Provincial Assembly of the Punjab, including at least one female member of the Assembly to be nominated by the Speaker of the Punjab;

(j)       one Vice Chancellor of any University in the public sector in the Punjab to be nominated by the Chancellor;

(k)      two Deans to be nominated by the Chancellor;

(l)       one Principal of an affiliated college to be nominated by the Chancellor; and

(m)     five persons of eminence from the private sector, including at least two women to be nominated by the Chancellor.

(2)  The Registrar will be the Secretary of the Syndicate.

(3)  The Pro-Chancellor may nominate a member of the Syndicate to preside over a meeting of the Syndicate in the absence of the Pro-Chancellor.

(4)  The members of the Syndicate, other than ex-officio members, shall be appointed for three years but they shall serve during the pleasure of the Chancellor.

(5)  The quorum for a meeting of the Syndicate shall be one half of the total number of members, a fraction being counted as one.

(6)  A meeting of the Syndicate shall be held in such manner as may be prescribed and until so prescribed as the Chairperson determines.

(7)  The Syndicate shall take decision by majority of the votes of members present and voting and the Registrar shall clearly reflect in the minutes of the meeting the dissent, if any, along with the reasons of such dissent.

22.  Powers and duties of the Syndicate.--(1) The Syndicate shall be the executive body of the University and shall, subject to the provisions of this Act and the statutes, take effective measures to raise the standard of teaching, research, technological development, publication and other academic pursuits and exercise general supervision over the affairs of the University and management of the property of the University.

(2)  Without prejudice to the generality of the foregoing powers and subject to the provisions of the Act, the Syndicate may:

(a)      hold, control and administer the property and funds of the University;

(b)      govern and regulate, with due regard to the advice of the Finance and Planning Committee, the finances, accounts and investments of the University and for that purpose, to appoint such agents as it may deem fit;

(c)      consider and approve the annual report, the annual and revised budget estimates and to re-appropriate funds from one major head of expenditure to another;

(d)      transfer and accept transfer of movable or immovable property on behalf of the University;

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

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

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

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

(i)       determine the form, custody and regulation of the use of the common seal of the University;

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

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

(l)       affiliate or de-affiliate colleges and institutes;

(m)     admit educational institutions to the privileges of the University and withdraw such privileges;

(n)      arrange for the inspection of the academic departments;

(o)      institute Professorships, Associate Professorships, Assistant Professorships, Lecturerships and other posts, and suspend or abolish such posts;

(p)      create, suspend or abolish such administrative, technical, research, extension or other posts as may be necessary;

(q)      appoint University teachers and other officers on the recommendation of the Selection Board for teaching and other managerial posts;

(r)      confer, with prior approval of the Chancellor, an honorary degree on a person of eminence;

(s)      prescribe the duties of the officers, teachers and other employees of the University and of those working in the University on deputation or on contract;

(t)      appoint members to the various Authorities, committees and bodies in the prescribed manner;

(u)      remove any person from the membership of any Authority if such person has accepted any assignment which involves absence from the University for a continuous period of six months or more;

(v)      regulate, determine and administer, all other matters concerning the University and to this end exercise all necessary powers not specifically mentioned in this Act and statutes but not inconsistent with the provisions of the Act or the statutes;

(w)     appoint Professor Emeritus on such terms and conditions as may be prescribed;

(x)      suspend, punish and remove from service in the prescribed manner officers, teachers and employees whom it is empowered to appoint;

(y)      consider and approve regulations recommended by the Academic Council;

(z)      approve statutes and recommend those drafts of the statutes, for approval of the Chancellor, which pertain to terms and conditions of service of the University employees;

(aa)    delegate any of its powers to an Authority or officer or a committee or sub-committee; and

(bb)    perform such other functions as may be assigned to it under the Act and the statutes.

(3)  The Syndicate may delegate any of its functions to an Authority or officer or a committee or sub-committee except the following functions:

(a)      approval of statutes or recommendation of the drafts of the statutes to the Chancellor;

(b)      approval of regulations;

(c)      approval of annual budget of the University, annual report, the annual and revised budget estimates and re-appropriation of funds from one major head of expenditure to another;

(d)      approval of investment or purchase of immovable property by the University; and

(e)      transfer of immovable property of the University.

23.  Academic Council.--(1) The Academic Council shall consist of:

(a)      Vice Chancellor (Chairperson);

(b)      Pro-Vice Chancellor;

(c)      Deans;

(d)      Director, Board of Advanced Studies and Research;

(e)      two senior most Professors, other than ex-officio members, from each academic department;

(f)       all Professors Emeritus;

(g)      Chairpersons of the academic departments;

(h)      four University teachers, other than Professors, two from each category of Associate professors and Assistant Professors, to be appointed by the Syndicate;

(i)       three persons eminent in sciences, social sciences and Arts, of whom one shall be from each category and shall include at least one woman from any of the categories, to be nominated by the Chancellor in consultation with the Vice-Chancellor;

(j)       Secretary to Government, Higher Education Department or his nominee not below the rank of Deputy Secretary;

(k)      Director Public Instructions (Colleges) of the Government;

(l)       Librarian of the University;

(m)     Controller of Examinations;

(n)      five experts in the field of education, including at least two women, to be nominated by the Chancellor; and

(o)      Registrar (Member/Secretary).

(2)  A Member of the Academic Council appointed by nomination shall hold office for three years; and, if the office of any such member becomes vacant before the expiry of the term, the vacancy shall be filled for the remaining period in the prescribed manner.

(3)  The quorum for a meeting of the Academic Council shall be one-third of the total number of members, a fraction being counted as one.

24.  Powers and duties of the Academic Council.--(1) The Academic Council shall be the academic body of the University and may lay down proper standards of instruction, research, publication and examination and regulate and promote the academic life of the University and affiliated colleges.

(2)  In particular and without prejudice to the generality of the foregoing provision, the Academic Council may:

(a)      advise the Syndicate on academic matters;

(b)      regulate teaching, research and examinations;

(c)      regulate the admission of students to the courses of studies and examinations of the University and affiliated colleges;

(d)      regulate the award of studentships, scholarships, medals and prizes;

(e)      regulate the conduct and discipline of students of the University and affiliated colleges;

(f)       propose to the Syndicate schemes for the constitution and organization of faculties, institutes and other academic bodies;

(g)      propose regulations on the recommendations of the Boards of Faculties and the Boards of Studies for consideration and approval of the Syndicate;

(h)      propose for each academic year, on the recommendations of the Boards of Studies, regulations prescribing the courses of studies, the syllabi and the outlines of tests for all examinations; provided that, if the recommendations of a Board of Faculties or the Board of Studies are not received by the prescribed date, the Academic Council may, subject to the approval of the Syndicate, permit such regulations to continue for the following years;

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

(j)       appoint members to the Authorities in accordance with the provisions of this Act; and

(k)      perform such other functions as may be prescribed by the statutes or assigned by the Syndicate.

25.  Board of Faculty.--(1) There shall be a Board of Faculty for each Faculty which shall consist of:

(a)      Dean of the Faculty (Chairperson);

(b)      Professors and the Chairpersons in the Faculty;

(c)      two members to be nominated by the Academic Council on the basis of their specialized knowledge of the subjects which, though not assigned to the Faculty, have in the opinion of the Academic Council, important bearing on the subjects assigned to the Faculty;

(d)      two experts, including at least one woman, in the field from outside the University to be appointed by the Syndicate; and

(e)      one member from amongst the officers of the University to be nominated by the Vice Chancellor.

(2)  The members other than ex-officio members of a Board of Faculty shall hold office for a period of three years.

(3)  The quorum for a meeting of a Board of Faculty shall be one half of the total number of members, a fraction being counted as one.

(4)  A Board of Faculty, subject to the general control of the Syndicate and Academic Council, may:

(a)      co-ordinate the teaching and research work in the subjects assigned to the Faculty;

(b)      scrutinize the recommendations of a Board of Studies comprising a Faculty with regard to the appointment of paper setters and examiners for graduate and postgraduate examinations and to forward the panels of suitable paper setters and examiners for each examination to the Vice Chancellor;

(c)      consider any other academic matter relating to the Faculty and submit its report to the Academic Council;

(d)      prepare a comprehensive annual report regarding the performance of each department, constituent college or institute in the Faculty for presentation to the Academic Council; and

(e)      perform such other functions as may be prescribed by the statutes.

26.  Board of Advanced Studies and Research.--(1) The Board of Advanced Studies and Research shall consist of:

(a)      Vice Chancellor (Chairperson);

(b)      all the Deans;

(c)      Controller of Examinations;

(d)      one University Professor from each Faculty to be nominated by the Syndicate;

(e)      one member from amongst the officers of the University to be nominated by the Vice Chancellor;

(f)       three members from the relevant field, research organizations and Government, including at least one woman from any of the categories, to be nominated by the Syndicate; and

(g)      Registrar (Secretary).

(2)  The term of office of the members of the Board of Advanced Studies and Research, other than ex-officio members, shall be three years.

(3)  The quorum for a meeting of the Board of Advanced Studies and Research shall be one half of the total number of members, a fraction being counted as one.

27.  Functions of the Board of Advanced Studies and Research.--The Board of Advanced Studies and Research shall:

(a)      advise an Authority on all matters connected with the promotion of advanced studies and research publication in the University;

(b)      consider and report to an Authority with regard to a research degree of the University;

(c)      propose regulations regarding the award of a research degree;

(d)      appoint supervisors for a postgraduate research student and to approve title and synopsis of a thesis or dissertation;

(e)      recommend panels of names of examiners for evaluation of a research examination; and

(f)       perform such other functions as may be prescribed by the statutes.

28.  Boards of Studies.--(1) There shall be a separate Board of Studies for each subject or group of subjects as may be prescribed by regulations.

(2)  A Board of Studies shall consist of:

(a)      all the teachers of the department concerned;

(b)      three to five experts or teachers, other than University teachers, to be appointed by the Syndicate according to the need of each Board; and

(c)      not more than five teachers of the affiliated colleges teaching graduate and post-graduate courses in that subject to be nominated by the Academic Council.

(3)  The term of office of members of a Board of Studies other than ex-officio members shall be three years.

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

(5)  The Chairperson of the concerned University Teaching Department shall be the Chairperson and Convener of the Board of Studies.

29.  Functions of Boards of Studies.--A Board of Studies shall perform the following functions:

(a)      advising the Authorities on all academic matters connected with instruction, publication, research and examination in the subject or subjects concerned;

(b)      proposing curricula and syllabi for all degree, diploma and certificate courses in the subject or subjects concerned;

(c)      suggesting a panel of names of paper setters and examiners in the subject or subjects concerned; and

(d)      undertaking such other functions as may be prescribed by Regulations.

30.  Selection Board.--(1) The Selection Board shall consist of:

(a)      Vice Chancellor (Chairperson);

(b)      Dean of the faculty concerned;

(c)      Chairperson concerned;

(d)      one member of the Syndicate to be nominated by the Syndicate;

(e)      one eminent scholar to be nominated by the Syndicate;

(f)       two experts, including at least one woman, to be nominated by the Government; and

(g)      Registrar (Secretary).

(2)  The members, other than ex-officio members, shall hold office for a period of three years.

(3)  Five members including at least one expert shall constitute the quorum for a meeting of the Selection Board.

(4)  No member who is a candidate or whose family member is a candidate, for a post to which appointment is to be made, shall take part in the proceedings of the Selection Board for selection of a candidate on such post.

(5)  In selection of candidates for the post of Professor or Associate Professor, the Selection Board shall co-opt or consult three experts in the subject and in selecting candidates for any other teaching post, two experts in the subject, to be nominated by the Vice Chancellor from a standing list of experts for each subject approved by the Syndicate.

(6)  The Syndicate may approve or revise the standing list of experts of a subject on the recommendation of the Selection Board.

31.  Functions of the Selection Board.--The Selection Board shall:

(a)      consider the applications and recommend to the Syndicate, the names of suitable candidates for appointment to teaching and other posts and recommend suitable salary for the selected candidate; and

(b)      consider all cases of promotion of officers of the University and recommend the names of suitable candidates for such promotion to the Syndicate.

32.  Finance and Planning Committee.--(1) The Finance and Planning Committee shall consist of:

(a)      Vice Chancellor (Chairperson);

(b)      all the Deans;

(c)      one member of the Syndicate to be nominated by the Syndicate;

(d)      one member of the Academic Council to be nominated by the Academic Council;

(e)      one representative each from Higher Education Department and Finance Department of the Government not below the rank of a Deputy Secretary;

(f)       Director Planning or any other nominee of the Commission;

(g)      one nominee of Punjab Higher Education Commission who deals with Finance and Planning;

(h)      Registrar; and

(i)       Treasurer (Secretary).

(2)  The term of office of the nominated members shall be three years.

(3)  Six members of the Finance and Planning Committee shall constitute the quorum for a meeting of the Finance and Planning Committee.

33.  Functions of the Finance and Planning Committee.--The Finance and Planning Committee shall:

(a)      prepare the annual statement of accounts and propose annual budget estimates and make recommendations to the Syndicate;

(b)      review periodically the financial position of the University;

(c)      advise the Syndicate on all matters relating to finance, investments and accounts of the University; and

(d)      perform such other functions as may be prescribed by the statutes.

34.  Appointment of Committees by Authorities.--Any Authority may constitute such standing, special or advisory committees as it may deem fit, and may also appoint on such committees such persons as are not its members.

Chapter V

Statutes, Regulations and Rules

35.  Statutes.--(1) Subject to the provisions of this Act, the Syndicate may make statutes or recommend statutes relating to the matters specified in clauses (a) and (b) of sub-section (2) to the Chancellor.

(2)  The statutes may be made to provide for and regulate all or any of the following matters:

(a)      scales of pay, method of recruitment and other terms and conditions of service of officers, teachers and other employees of the University and the constitution of their pension, insurance, gratuity, provident fund and benevolent fund;

(b)      conduct and discipline of the officers, teachers and other employees of the University;

(c)      constitution, powers and duties of the Authorities and conduct of elections to such Authorities and related matters;

(d)      affiliation and de-affiliation of colleges and institutes and related matters;

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

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

(g)      powers and duties of officers, teachers and employees of the University;

(h)      conditions for appointment of Professors Emeritus;

(i)       conditions on which the University may enter into arrangements with public bodies or other organizations for purposes of research and advisory services;

(j)       general scheme of studies including the duration of courses, the system of examinations and the number of subjects and papers for examinations;

(k)      award of honorary degrees;

(l)       maintenance of register of students and registered graduates; and

(m)     all other matters which are to be prescribed or regulated by the statutes.

(3)  The Syndicate shall recommend statutes under clauses (a) and (b) of sub-section (2) to the Chancellor who may approve it with or without any modification or may refer it back to the Syndicate for reconsideration or may reject the statutes.

36.  Regulations.--(1) Subject to the provisions of this Act and the statutes, regulations may be made for any of the following matters:

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

(b)      manner in which the recognized teaching is conducted in the University and constituent and affiliated colleges;

(c)      admission of students to the University and conditions under which they admitted or allowed to take courses and examinations of the University and become eligible for the award of degrees, diplomas and certificates;

(d)      conduct of examinations;

(e)      fees and other charges to be paid by the students for admission to the courses of study and the examinations of the University;

(f)       conduct and discipline of students of the University;

(g)      conditions of residence of the students of the University including the levying of fees for residence in halls of residence and hostels;

(h)      approval and licensing of hostels and lodgings;

(i)       conditions under which a person should conduct research to entitle him to a degree;

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

(k)      institution of stipends and free and half-free studentship;

(l)       academic costumes;

(m)     use of the library; and

(n)      establishment of academic departments.

(2)  The Academic Council shall prepare and submit the regulations to the Syndicate and the Syndicate may approve them with or without modifications or refer them back to the Academic Council for reconsideration or reject them.

37.  Rules.--(1) An Authority or a body of the University may make rules consistent with this Act, statutes and regulations, to regulate the conduct of its business.

(2)  The Syndicate may direct any Authority or body of the University to amend or repeal any rules made by the Authority or body.

CHAPTER VI

FINANCES

38.  University Fund.--(1) There shall be a Fund to be known as the University of Jhang Fund to which shall be credited all sums received by the University.

(2)  The University may accept donations in the shape of land, vehicles, equipment or any other items that may facilitate the functioning of the University and all such donations shall be used, maintained and disposed of by the University in the prescribed manner.

39.  Budget, audit and accounts.--(1) The budget of the University shall be approved and its accounts shall be maintained and audited in such manner as may be prescribed by the Syndicate.

(2)  The Syndicate may approve the budget of the University, appropriation of accounts of the University and settle an audit para relating to the audit of the University.

(3)  The Syndicate may delegate the power of appropriation or re-appropriation of funds to an officer of the University.

(4)  The annual statement of accounts of the University signed by the Treasurer and the Resident Auditor shall be submitted to the Government within six months of the closing of the financial year.

(5)  The accounts of the University together with audit objections, if any, and the observations of the Treasurer and the Resident Auditor shall, in the prescribed manner, be presented to the Syndicate along with the observations of the Finance and Planning Committee.

Chapter VII

Miscellaneous

40.  Appeal to Syndicate.--(1) If an order is passed by an Authority, body or officer of the University, other than the Chancellor, and an appeal against the order is not provided under the statutes or the regulations, any aggrieved person may, within thirty days of the communication of the order, prefer an appeal against the order to the Syndicate.

(2)  The Syndicate may constitute a committee of its members to hear and dispose of any appeal on behalf of the Syndicate.

(3)  If a member of the Syndicate is the officer who passed the order or who is also member of the Authority against whose order appeal is filed before the Syndicate, such member shall not hear the appeal as member of the Syndicate or committee constituted to hear and dispose of the appeal.

41.  Tripartite mobility.--(1) An officer or teacher of the Government or employee of the University, on the recommendation of the Syndicate, may be directed to serve in any post in the University or under the Government or in an educational or research institution.


(2)  The Government may, in consultation with the Selection Board, place the services of an employee of the Government or any other University or of an educational or research institution at the disposal of the University in public interest.

(3)  The terms and conditions offered to a person appointed under this section shall not be less favourable than those enjoyed by him immediately before his services are placed at the disposal of the University, Government, educational or research or any other institution, and full benefit of his previous service shall be allowed until altered in accordance with law.

42.  Transition.--The Chancellor shall constitute a Chancellor’s Committee to exercise the powers assigned to the Syndicate under this Act till such time the Syndicate is constituted in accordance with the provisions of the Act or until expiry of one year from the date of establishment of the University, whichever is earlier.

43.  Removal of difficulties.--If any difficulty arises in giving effect to any of the provisions of this Act, the Government may give such directions, not inconsistent with the Act, as it may consider necessary for the removal of such difficulty.

44.  Indemnity.--No suit or legal proceedings shall lie against the Government, the University or any Authority, officer or employee of the Government or the University or any person in respect of anything which is done in good faith under this Act.

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

ACT XXVI OF 2015

UNIVERSITY OF SAHIWAL ACT, 2015

An Act to provide for the establishment of University of Sahiwal

[Gazette of Punjab, Extraordinary, 16th June, 2015]

No. PAP/Legis-2(73)/2015/1248. The University of Sahiwal Bill 2015, having been passed by the Provincial Assembly of the Punjab on June 10, 2015, and assented to by the Governor of the Punjab on June 15, 2015, is hereby published as an Act of the Provincial Assembly of the Punjab.

It is expedient to provide for the establishment of University of Sahiwal and to deal with ancillary matters;

Be it enacted by the Provincial Assembly of the Punjab as follows:

CHAPTER I

PRELIMINARY

1.  Short title and commencement.--(1) This Act may be cited as the University of Sahiwal Act, 2015.

(2) It shall come into force at once.

2.  Definitions.--In this Act:

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

(b)      “affiliated college” means a college or institute affiliated with the University;

(c)      “Authority” means an Authority of the University;

(d)      “Chairperson” means the head of an academic department and includes Principal of a constituent college or Director of an institute;

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

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

(g)      “constituent college” means a college maintained and administered by the University;

(h)      “Controller of Examinations” means Controller of Examinations of the University;

(i)       “Dean” means the head of a Faculty of the University;

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

(k)      “Faculty” means an administrative and academic unit of the University consisting of one or more departments, institutes or constituent colleges;

(l)       “Government” means Government of the Punjab;

(m)     “institute” means an institute established, maintained and administered by the University;

(n)      “prescribed” means prescribed by the rules, statutes or regulations;

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

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

(q)      “Punjab Higher Education Commission” means Punjab Higher Education Commission set up under the Punjab Higher Education Commission Act, 2014 (I of 2015);

(r)      “Registrar” means Registrar of the University;

(s)      “statutes”, “regulations” and “rules” respectively mean the statutes, regulations and rules made or deemed to have been made under the Act;

(t)      “student” means a student of the University;

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

(v)      “teacher” includes a Professor, Associate Professor, Assistant Professor or Lecturer, Teaching Assistant, Demonstrator and Instructor engaged whole time by the University and such other persons as may be prescribed;

(w)     “Treasurer” means Treasurer of the University;

(x)      “University” means University of Sahiwal; and

(y)      “Vice Chancellor” means Vice Chancellor of the University.

CHAPTER II

THE UNIVERSITY

3.  Incorporation.--(1) The sub-campus of Bahauddin Zakariya University, Multan in Sahiwal shall, by notification, be re-constituted as the University of Sahiwal in accordance with the provisions of this Act.

(2)  The University shall consist of the following:

(a)      Chancellor;

(b)      Pro-Chancellor;

(c)      Vice Chancellor;

(d)      Pro-Vice Chancellor;

(e)      members of an Authority;

(f)       Chairpersons and Deans;

(g)      teachers and students; and

(h)      officers and members of the staff of the University.

(3)  The University shall be a body corporate by the name of University of Sahiwal and shall have a perpetual succession and a common seal and may, by the said name, sue and be sued.

(4)  The University may, with the approval of the Government, open and administer a sub-campus of the University.

(5)  Any property possessed by, any right or interest and any liability of the sub-campus of Bahauddin Zakariya University, Multan in Sahiwal shall stand transferred to the University.

(6)  All employees, regular or on contract basis, serving the sub-campus of Bahauddin Zakariya University, Multan in Sahiwal immediately before coming into force of this Act shall be considered on deputation with the University; but they shall not be entitled to any deputation allowance and shall be liable to be transferred to their parent University at any time.

(7)  Subject to the criteria notified by the University, an employee of the sub-campus of Bahauddin Zakariya University, Multan in Sahiwal on deputation with the University may, within three hundred and sixty five days from the date of commencement of this Act, opt for absorption in the service of the University as a one-time option.

4.  Functions of the University.--(1) The University shall:

(a)      provide for instructions in such branches of knowledge as it may deem fit, and make provisions for teaching, training, research and for the application, advancement and dissemination of knowledge in such manner as it may determine;

(b)      prescribe courses of studies;

(c)      hold examinations in the prescribed manner and, if a person qualifies the examination, award degree, diploma, certificate and other academic distinction to the person;

(d)      confer degree on a person who has successfully conducted research in the prescribed manner;

(e)      create posts in connection with teaching, research, administration, and for any other purpose related thereto and appoint persons against those posts;

(f)       establish and support other facilities for education, training and research;

(g)      institute and award financial assistance to students in need, fellowships, scholarships, bursaries, medals and prizes in the prescribed manner;

(h)      establish academic departments, Faculties, constituent colleges and institutes for the development of teaching and research and make such arrangements for their maintenance, management and administration, as it may determine;

(i)       control and maintain University halls of residence for students and approve any place as hostel or lodging for students;

(j)       supervise and control the discipline of students of the University;

(k)      maintain order, discipline and security in a campus of the University;

(l)       take disciplinary action against and impose penalty on students in the prescribed manner;

(m)     charge and receive such fees and other payments as it may determine;

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

(o)      provide for the printing and publication of research and other work as prescribed;

(p)      provide career counselling and job search services to the students and alumni;

(q)      promote co-curricular and recreational activities of the students and make arrangements for promoting health and general welfare of the students; and

(r)      perform any other prescribed or ancillary function.

(2)  The University may:

(a)      institute programmes for the exchange of students and teachers between the University and any other university, educational institution or research organization;

(b)      develop and implement fund-raising plans;

(c)      accept an examination and the period of study spent by a student of the University at any other university or place of learning equivalent to an examination or period of study of the University and may withdraw such acceptance;

(d)      cooperate with a public authority, university or private organization in the prescribed manner;

(e)      make provision for research, advisory or consultancy services and enter into arrangements with any other institution, public or private body, commercial or industrial enterprise in the prescribed manner;

(f)       print and publish research or work;

(g)      exercise any power ancillary to the above powers or as may be prescribed;

(h)      admit any college or other educational institution to its privileges or without such privileges in the prescribed manner; and

(i)       affiliate or de-affiliate a college or any other educational institution within the territorial limits of Sahiwal division in the prescribed manner.

5.  Jurisdiction of the University.--The jurisdiction of the University shall extend to the Province of the Punjab.

6.  University to be open to all classes and creeds.--The University shall be open to all persons irrespective of gender, religion, race, creed, class or colour and no person shall be denied the privileges of the University on any such ground.

7.  Fee and other charges.--The University may prescribe and, from time to time, increase fee and other charges with the approval of the Syndicate.

CHAPTER III

OFFICERS OF THE UNIVERSITY

8.  Officers of the University.--The following shall be the officers of the University:

(a)      Chancellor;

(b)      Pro-Chancellor;

(c)      Vice Chancellor;

(d)      Pro-Vice Chancellor;

(e)      Deans;

(f)       Chairpersons;

(g)      teachers;

(h)      Registrar;

(i)       Treasurer;

(j)       Controller of Examinations;

(k)      Resident Auditor; and

(l)       such other persons as may be prescribed.

9.  Chancellor.--(1) Governor of the Punjab shall be the Chancellor of the University.

(2)  The University may, subject to prior approval of the Chancellor, confer an honorary degree on a person of eminence.

(3)  The Chancellor or a nominee of the Chancellor shall preside at convocation of the University.

(4)  In the performance of his functions under this Act, the Chancellor shall act and shall be bound in the same manner as the Governor of a Province acts and is bound under Article 105 of the Constitution of the Islamic Republic of Pakistan.

10.  Inspection and inquiry.--(1) The Chancellor may direct inspection or inquiry into the affairs of the University.

(2)  The Chancellor shall convey the views with regard to the result of the inspection or inquiry to the Syndicate and may, after ascertaining the views of the Syndicate, direct any remedial action to the Syndicate.

(3)  The Syndicate shall, within the time specified by the Chancellor, submit report to the Chancellor about the action taken on the direction of the Chancellor.

(4)  If the Syndicate fails to take action to the satisfaction of the Chancellor within the specified time, the Chancellor may issue such direction as the Chancellor deems appropriate and the Syndicate shall comply with the direction.

(5)  The Chancellor may set aside a decision or action of the Syndicate, which, in the opinion of the Chancellor, is against the law, interest of academic excellence of the University, religious or cultural ideology, or national integrity.

11.  Pro-Chancellor.--(1) Minister for Higher Education of the Government shall be the Pro-Chancellor of the University.

(2)  The Pro-Chancellor shall perform functions under this Act and exercise such powers of the Chancellor, except the powers under Section 10, as may be prescribed or assigned to him by the Chancellor.

12.  Vice Chancellor.--(1) A person who is eligible and who is not more than sixty five years of age on the last date fixed for submission of applications for the post of the Vice Chancellor may apply for the post.

(2)  The Government shall determine, by notification in the official Gazette, the qualifications, experience and other relevant requirements for the post of the Vice Chancellor.

(3)  The Government shall constitute, for a term of two years, a Search Committee consisting of not less than three and not more than five members for making recommendations for appointment of the Vice Chancellor.

(4)  The Search Committee shall follow such procedure and criteria, for selection of the panel for the post of the Vice Chancellor, as the Government may, by notification, determine.

(5)  The Search Committee shall recommend to the Government, in alphabetical order, a panel of three persons who, in its opinion, are suitable for appointment as the Vice Chancellor.

(6)  The Chancellor shall appoint the Vice Chancellor for each term of four years but he shall serve during the pleasure of the Chancellor.

(7)  The Government shall determine the terms and conditions of service of the Vice Chancellor.

(8)  The incumbent Vice Chancellor shall not be allowed any extension in his tenure but subject to eligibility he may again compete for the post of the Vice Chancellor in accordance with the procedure prescribed by or under this section.

(9)  If the office of the Vice Chancellor is vacant or the Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Pro-Vice Chancellor shall perform the functions of the Vice Chancellor but, if at any time, the office of Pro-Vice Chancellor is also vacant or the Pro-Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Chancellor shall make temporary arrangements for the performance of the duties of the Vice Chancellor.

(10)  The Pro-Vice Chancellor or any other person acting as Vice Chancellor under sub-section (9) shall not, in any case, perform the functions of the Vice Chancellor for the period of more than six months and the Chancellor shall, within this period, ensure appointment of the Vice Chancellor under this section.

13.  Powers of the Vice Chancellor.--(1) The Vice Chancellor shall be the chief executive and academic officer of the University and shall ensure that the provisions of this Act, statutes, regulations and rules are faithfully observed in order to promote teaching, research, technological development, publications, administration and the general efficiency and good order of the University.

(2)  The Vice Chancellor shall preside over the meetings of the Authorities of which he is the Chairperson and be entitled to attend and preside over any meeting of any other authority or body of the University.

(3)  Subject to such conditions as may be prescribed, the Vice Chancellor may, in an emergency, take an action which is not otherwise in the competence of the Vice Chancellor but is in the competence of any other Authority.

(4)  The Vice Chancellor shall, within seven days of taking an action under sub-section (3), submit a report to the members of the Syndicate; and, the Syndicate shall, within forty five days of the action of the Vice Chancellor, pass such orders as it may deem appropriate.

(5)  Subject to the general supervision and control of the Syndicate, the Vice Chancellor may:

(a)      direct a teacher, officer or other employee of the University to take up such assignment in connection with examination, administration or any other activity in relation to the University;

(b)      sanction by re-appropriation an amount for an unforeseen item not provided for in the budget of the University;

(c)      make appointments of such categories of employees of the University in BS-16 or below and in such manner as may be prescribed;

(d)      take disciplinary action against a teacher, officer or any other employee of the University in the prescribed manner;

(e)      delegate, subject to such conditions as may be prescribed, any of his powers to a teacher or officer of the University; and

(f)       exercise such other powers as may be prescribed or as may be assigned by the Syndicate.

(6)  The Vice Chancellor shall prepare an annual report containing information as regards the preceding academic year including disclosure of all relevant facts pertaining to academics, research, administration and finances of the University.

(7)  The Vice Chancellor shall, within three months of the conclusion of an academic year, submit the annual report of the University to the Syndicate.

14.  Pro-Vice Chancellor.--(1) The Chancellor shall nominate the Pro-Vice Chancellor of the University, from amongst three senior most Professors of the University, for a term of three years.

(2)  A Pro-Vice Chancellor shall perform such functions as may be assigned to him under this Act, statutes or regulations.

(3)  The Syndicate or the Vice Chancellor may assign any other functions to the Pro-Vice Chancellor in addition to his duties as Professor.

15.  Registrar.--(1) The Syndicate shall recommend to the Government, in alphabetical order, a panel of three persons short-listed through a competitive process for appointment as Registrar.

(2)  The Government shall appoint the Registrar for each term of three years in such manner and on such terms and conditions as may be prescribed.

(3)  The Government shall not appoint a person as Registrar unless he possesses the prescribed qualifications and experience.

(4)  The Registrar shall be a whole 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 secretarial support to the Syndicate and the Vice Chancellor;

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

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

(d)      supervise the process of election, appointment or nomination of a member to an authority or body of the University in the prescribed manner; and

(e)      perform such other duties as may be prescribed, or as may be assigned by the Vice Chancellor or the Syndicate.

(5)  If the office of the Registrar is vacant or the Registrar is absent or is unable to perform the functions of the Registrar owing to any cause, the Government shall make temporary arrangements for the performance of the duties of the Registrar but the period of such temporary arrangements shall not exceed six months.

16.  Treasurer.--(1) The Chancellor shall appoint a Treasurer in such manner and on such terms and conditions as may be prescribed.

(2)  The Chancellor shall not appoint a person as Treasurer unless he possesses the prescribed qualifications and experience.

(3)  The Treasurer shall be a whole time officer of the University and shall:

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

(b)      prepare the annual and revised budget estimates of the University and present the estimates to the Syndicate;

(c)      ensure that the funds of the University are spent according to the budget or any other special arrangement;

(d)      ensure that the accounts of the University are audited annually and are available for submission to the Syndicate within six months of the end of a financial year; and

(e)      perform such other functions as are prescribed or as may be assigned to him by the Vice Chancellor or the Syndicate.

(4)  The Treasurer shall hold office for each term of three years.

17.  Controller of Examinations.--(1) The Chancellor shall appoint a Controller of Examinations in such manner and on such terms and conditions as may be prescribed.

(2)  The Chancellor shall not appoint a person as Controller of Examinations unless he possesses the prescribed qualifications and experience.

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

(4)  The Controller of Examinations shall hold office for each term of three years.

18.  Resident Auditor.--(1) The Syndicate shall appoint, on deputation, a Resident Auditor of the University from amongst the panel recommended by the Government.

(2)  The University shall request the Government to send a panel of three Government officers qualified to be appointed as Resident Auditor of the University.

(3)  The Resident Auditor shall hold office for each term of three years.

(4)  The Resident Auditor shall perform such functions as are prescribed or as the Syndicate may assign.

19.  Other appointments.--The University may appoint such persons in its service as may be necessary in such manner and on such terms and conditions as may be prescribed.

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY

20.  Authorities of the University.--(1) The following shall be the Authorities of the University:

(a)      Syndicate;

(b)      Academic Council;

(c)      Boards of Faculties;

(d)      Board of Advanced Studies and Research;

(e)      Boards of Studies

(f)       Selection Board;

(g)      Finance and Planning Committee; and

(h)      such other Authorities as may be prescribed under the statutes.

(2)  The Syndicate may constitute committees consisting of the members of the Syndicate or it may create committees consisting of members of the Syndicate or teachers or officers of the University or a combination of all or any of such persons.

21.  Syndicate.--(1) The Syndicate shall consist of:

(a)      Pro-Chancellor who shall be its Chairperson;

(b)      Vice Chancellor;

(c)      Pro-Vice Chancellor;

(d)      Secretary to the Government, Higher Education Department or his nominee not below the rank of an Additional Secretary;

(e)      Secretary to the Government, Finance Department or his nominee not below the rank of an Additional Secretary;

(f)       Secretary to the Government, Law and Parliamentary Affairs Department or a nominee not below the rank of an Additional Secretary;

(g)      Chairperson of the Commission or his nominee not below the rank of a whole-time member of the Commission;

(h)      Chairperson of the Punjab Higher Education Commission or his nominee not below the rank of a whole-time member of the Commission;

(i)       two members of the Provincial Assembly of the Punjab, including at least one female member of the Assembly, to be nominated by the Speaker of the Assembly;

(j)       one Vice Chancellor of any public University of the Punjab to be nominated by the Chancellor;

(k)      two Deans to be nominated by the Chancellor;

(l)       one Principal of affiliated college to be nominated by the Government; and

(m)     five persons, including at least two women, of eminence to be nominated by the Chancellor.

(2)  The Registrar will be the Secretary of the Syndicate.

(3)  The Pro-Chancellor may nominate a member of the Syndicate to preside over a meeting of the Syndicate in the absence of the Pro-Chancellor.

(4)  The members of the Syndicate, other than ex-officio members, shall be appointed for a term of three years but they shall serve during the pleasure of the Chancellor.

(5)  The quorum for a meeting of the Syndicate shall be one half of the total number of members, a fraction being counted as one.

(6)  The Registrar shall, with the approval of the Chairperson of the Syndicate, summon a meeting of the Syndicate.

(7)  The Syndicate shall take decision by majority of the votes of members present and voting and the Registrar shall clearly reflect in the minutes of the meeting the dissent, if any, along with the reasons of such dissent.

22.  Powers and duties the Syndicate.--(1) The Syndicate shall be the executive body of the University and shall, subject to the provisions of this Act and the statutes, take effective measures to raise the standard of teaching, research, technological development, publication and other academic pursuits and exercise general supervision over the affairs of the University and management of the property of the University.

(2)  Without prejudice to the generality of the foregoing powers and subject to the provisions of the Act, the Syndicate may:

(a)      hold, control and administer the property and funds of the University;

(b)      govern and regulate, with due regard to the advice of the Finance and Planning Committee in this behalf, the finances, accounts and investments of the University and for that purpose, to appoint such agents as it may deem fit;

(c)      consider and approve the annual report, the annual and revised budget estimates and to re-appropriate funds from one major head of expenditure to another;

(d)      transfer and accept transfer of movable or immovable property on behalf of the University;

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

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

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

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

(i)       determine the form, custody and regulation of the use of the common seal of the University;

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

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

(l)       affiliate or de-affiliate colleges and institutes;

(m)     admit educational institutions to the privileges of the University and withdraw such privileges;

(n)      arrange for the inspection of the academic departments;

(o)      institute Professorships, Associate Professorships, Assistant Professorships, Lecturership and other posts, and suspend or abolish such posts;

(p)      create, suspend or abolish such administrative, technical, research, extension or other posts as may be necessary;

(q)      appoint University teachers and other officers on the recommendation of the Selection Board for teaching and other managerial posts;

(r)      confer, with prior approval of the Chancellor, an honorary degree to a person of eminence;

(s)      prescribe the duties of the officers, teachers and other employees of the University and of those working in the University on deputation or on contract;

(t)      appoint members to the various Authorities, committees and bodies in the prescribed manner;

(u)      remove any person from the membership of any Authority if such person has accepted any assignment which involves absence from the University for a continuous period of six months or more;

(v)      regulate, determine and administer, all other matters concerning the University and to this end exercise all necessary powers not specifically mentioned in this Act and statutes but not inconsistent with the provisions of the Act;

(w)     appoint Professor Emeritus on such terms and conditions as may be prescribed;

(x)      suspend, punish and remove from service in the prescribed manner officers, teachers and employees whom it is empowered to appoint;

(y)      consider and approve regulations recommended by the Academic Council;

(z)      approve statutes and recommend those drafts of the statutes, for approval of the Chancellor, which pertain to terms and conditions of service of the University employees;

(aa)    delegate any of its powers to an Authority or officer or a committee or sub-committee; and

(bb)    perform such other functions as may be assigned to it under the Act and the statutes.

(3)  The Syndicate may delegate any of its functions to an Authority or officer or a committee or sub-committee except the following functions:

(a)      approval of statutes or recommendation of the drafts of the statutes to the Chancellor;

(b)      approval of regulations;

(c)      approval of annual budget of the University, annual report, the annual and revised budget estimates and re-appropriation of funds from one major head of expenditure to another;

(d)      approval of investment or purchase of immovable property by the University; and

(e)      transfer of immovable property of the University.

23.  Academic Council.--(1) The Academic Council shall consist of:

(a)      Vice Chancellor (Chairperson);

(b)      Pro-Vice Chancellor;

(c)      Deans;

(d)      Director, Board of Advanced Studies and Research;

(e)      two senior most Professors, other than ex-officio members, from each academic department;

(f)       all Professors Emeritus;

(g)      Chairpersons of the academic departments;

(h)      four University teachers, other than Professors, two from each category of Associate Professors and Assistant Professors, to be appointed by the Syndicate;

(i)       three persons eminent in sciences, social sciences and Arts, of whom one shall be from each category and shall include at least one woman from any of the categories, to be nominated by the Chancellor in consultation with the Vice-Chancellor;

(j)       Secretary to the Government, Higher Education Department or his nominee not below the rank of Deputy Secretary;

(k)      Director Public Instructions (Colleges) of the Government;

(l)       Librarian of the University;

(m)     Controller of Examinations;

(n)      five experts in the field of education, including at least two women, to be nominated by the Chancellor; and

(o)      Registrar (Member/Secretary).

(2)  A member of the Academic Council appointed by nomination shall hold office for three years; and, if the office of any such member becomes vacant before the expiry of the term, the vacancy shall be filled for the remaining period in the prescribed manner.

(3)  The quorum for a meeting of the Academic Council shall be one-third of the total number of members, a fraction being counted as one.

24.  Powers and duties of the Academic Council.--(1) The Academic Council shall be the academic body of the University and may lay down proper standards of instruction, research, publication and examination and to regulate and promote the academic life of the University and affiliated colleges.

(2)  In particular and without prejudice to the generality of the foregoing provision, the Academic Council may:

(a)      advise the Syndicate on academic matters;

(b)      regulate teaching, research and examinations;

(c)      regulate the admission of students to the courses of studies and examinations of the University and affiliated colleges;

(d)      regulate the award of studentships, scholarships, medals and prizes;

(e)      regulate the conduct and discipline of students of the University and affiliated colleges;

(f)       propose to the Syndicate schemes for the constitution and organization of faculties, institutes and other academic bodies;

(g)      propose regulations on the recommendations of the Boards of Faculties and the Boards of Studies for consideration and approval of the Syndicate;

(h)      propose for each academic year, on the recommendations of the Boards of Studies, regulations prescribing the courses of studies, the syllabi and the outlines of tests for all examinations; provided that, if the recommendations of a Board of Faculties or the Board of Studies are not received by the prescribed date, the Academic Council may, subject to the approval of the Syndicate, permit such regulations to continue for the following years;

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

(j)       appoint members to the Authorities in accordance with the provisions of this Act; and

(k)      perform such other functions as may be prescribed by the statutes or assigned by the Syndicate.

25.  Board of Faculty.--(1) There shall be a Board of Faculty for each Faculty which shall consist of:

(a)      Dean of the Faculty (Chairperson);

(b)      Professors and the Chairpersons in the Faculty;

(c)      two members to be nominated by the Academic Council on the basis of their specialized knowledge of the subjects which, though not assigned to the Faculty, have in the opinion of the Academic Council, important bearing on the subjects assigned to the Faculty;

(d)      two experts, including at least one woman, in the field from outside the University to be appointed by the Syndicate; and

(e)      one member from amongst the officers of the University to be nominated by the Vice Chancellor.

(2)  The members other than ex-officio members of a Board of Faculty shall hold office for a period of three years.

(3)  The quorum for a meeting of a Board of Faculty shall be one half of the total number of members, a fraction being counted as one.

(4)  A Board of Faculty, subject to the general control of the Syndicate and Academic Council, may:

(a)      co-ordinate the teaching and research work in the subjects assigned to the Faculty;

(b)      scrutinize the recommendations of a Board of Studies comprising a Faculty with regard to the appointment of paper setters and examiners for graduate and postgraduate examinations and to forward the panels of suitable paper setters and examiners for each examination to the Vice Chancellor;

(c)      consider any other academic matter relating to the Faculty and to submit its report to the Academic Council;

(d)      prepare a comprehensive annual report regarding the performance of each department, constituent college or institute comprising the Faculty for presentation to the Academic Council; and

(e)      perform such other functions as may be prescribed by statutes.

26.  Board of Advanced Studies and Research.--(1) The Board of Advanced Studies and Research shall consist of:

(a)      Vice Chancellor (Chairperson);

(b)      all the Deans;

(c)      Controller of Examinations;

(d)      one University Professor from each Faculty to be nominated by the Syndicate;

(e)      one member from amongst the officers of the University to be nominated by the Vice Chancellor;

(f)       three members from the relevant field, research organizations and Government, including at least one woman from any of the categories, to be nominated by the Syndicate; and

(g)      Registrar (Secretary).

(2)  The term of office of the members of the Board of Advanced Studies and Research, other than ex-officio members, shall be three years.

(3)  The quorum for a meeting of the Board of Advanced Studies and Research shall be one half of the total number of members, a fraction being counted as one.

27.  Functions of the Board of Advanced Studies and Research.--The Board of Advanced Studies and Research shall:

(a)      advise an Authority on all matters connected with the promotion of advanced studies and research publication in the University;

(b)      consider and report to an Authority with regard to a research degree of the University;

(c)      propose regulations regarding the award of a research degree;

(d)      appoint supervisors for a postgraduate research student and to approve title and synopsis of a thesis or dissertation;

(e)      recommend panels of names of examiners for evaluation of a research examination; and

(f)       perform such other functions as may be prescribed by the statutes.

28.  Boards of Studies.--(1) There shall be a separate Board of Studies for each subject or group of subjects as may be prescribed by regulations.

(2)  A Board of Studies shall consist of:

(a)      all the teachers of the department concerned;

(b)      three to five experts or teachers, other than University teachers to be determined and appointed by the Syndicate according to the need of each Board; and

(c)      not more than five teachers of the affiliated colleges teaching graduate and post-graduate courses in that subject to be nominated by the Academic Council.

(3)  The term of office of members of a Board of Studies other than ex-officio members shall be three years.

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

(5)  The Chairperson of the concerned University Teaching Department shall be the Chairperson and Convener of the Board of Studies.

29.  Functions of Boards of Studies.--A Board of Studies shall perform the following functions:

(a)      to advise the Authorities on all academic matters connected with instruction, publication, research and examination in the subject or subjects concerned;

(b)      to propose curricula and syllabi for all degree, diploma and certificate courses in the subject or subjects concerned;

(c)      to suggest a panel of names of paper setters and examiners in the subject or subjects concerned; and

(d)      to undertake such other functions as may be prescribed by Regulations.

30.  Selection Board.--(1) The Selection Board shall consist of:

(a)      Vice Chancellor (Chairperson);

(b)      Dean of the faculty concerned;

(c)      Chairperson concerned;

(d)      one member of the Syndicate to be nominated by the Syndicate;

(e)      one eminent scholar to be nominated by the Syndicate;

(f)       two experts, including at least one woman, to be nominated by the Government; and

(g)      Registrar (Secretary).

(2)  The members, other than ex-officio members, shall hold office for a period of three years.

(3)  Five members including at least one expert shall constitute the quorum for a meeting of the Selection Board.

(4)  No member who is a candidate or whose family member is a candidate, for a post to which appointment is to be made, shall take part in the proceedings of the Selection Board for selection of a candidate on such post.

(5)  In selection of candidates for the post of Professor or Associate Professor, the Selection Board shall co-opt or consult three experts in the subject and in selecting candidates for any other teaching post, two experts in the subject, to be nominated by the Vice Chancellor from a standing list of experts for each subject approved by the Syndicate.

(6)  The Syndicate may approve or revise the standing list of experts of a subject on the recommendation of the Selection Board.

31.  Functions of the Selection Board.--The Selection Board shall:

(a)      consider the applications and recommend to the Syndicate, the names of suitable candidates for appointment to teaching and other posts and recommend suitable salary for the selected candidate; and

(b)      consider all cases of promotion of officers of the University and recommend the names of suitable candidates for such promotion to the Syndicate.

32.  Finance and Planning Committee.--(1) The Finance and Planning Committee shall consist of:

(a)      Vice Chancellor (Chairperson);

(b)      all the Deans;

(c)      one member of the Syndicate to be nominated by the Syndicate;

(d)      one member of the Academic Council to be nominated by the Academic Council;

(e)      one representative each from Higher Education Department and Finance Department of the Government not below the rank of a Deputy Secretary;

(f)       Director Planning or any other nominee of the Commission;

(g)      one nominee of Punjab Higher Education Commission who deals with Finance and Planning;

(h)      Registrar; and

(i)       Treasurer (Secretary).

(2)  The term of office of the nominated members shall be three years.

(3)  Six members of the Finance and Planning Committee shall constitute the quorum for a meeting of the Finance and Planning Committee.

33.  Functions of the Finance and Planning Committee.--The Finance and Planning Committee shall:

(a)      prepare the annual statement of accounts and propose annual budget estimates and make recommendations to the Syndicate;

(b)      review periodically the financial position of the University;

(c)      advise the Syndicate on all matters relating to finance, investments and accounts of the University; and

(d)      perform such other functions as may be prescribed by the statutes.

34.  Appointment of Committees by Authorities.--Any Authority may constitute such standing, special or advisory committees as it may deem fit, and also appoint on such committees such persons as are not its members.

CHAPTER V

STATUTES, REGULATIONS AND RULES

35. Statutes.--(1) Subject to the provisions of this Act, the Syndicate may make statutes or recommend statutes relating to the matters specified in clauses (a) and (b) of sub-section (2) to the Chancellor.

(2)  The statutes may be made to provide for and regulate all or any of the following matters:

(a)      scales of pay, method of recruitment and other terms and conditions of service of officers, teachers and other employees of the University and the constitution of their pension, insurance, gratuity, provident fund and benevolent fund;

(b)      conduct and discipline of the officers, teachers and other employees of the University;

(c)      constitution, powers and duties of the Authorities and related matters;

(d)      affiliation and de-affiliation of colleges, institutes, etc., and related matters;

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

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

(g)      powers and duties of officers, teachers and employees of the University;

(h)      conditions for appointment of Professors Emeritus;

(i)       conditions on which the University may enter into arrangements with public bodies or other organizations for purposes of research and advisory services;

(j)       general scheme of studies including the duration of courses, the system of examinations and the number of subjects and papers for examinations;

(k)      award of honorary degrees;

(l)       maintenance of register of students and registered graduates; and

(m)     all other matters which are to be prescribed or regulated by the statutes.

(3)  The Syndicate shall recommend statutes under clauses (a) and (b) of sub-section (2) to the Chancellor who may approve it with or without any modification or may refer it back to the Syndicate for reconsideration or may reject the statutes.

36.  Regulations.--(1) Subject to the provisions of this Act and the statutes, regulations may be made for any of the following matters:

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

(b)      manner of teaching in the University and an affiliated college;

(c)      admission of students to the University and conditions under which they admitted or allowed to take courses and examinations of the University and become eligible for the award of degrees, diplomas and certificates;

(d)      conduct of examinations;

(e)      fees and other charges to be paid by the students for admission to the courses of study and the examinations of the University;

(f)       conduct and discipline of students of the University;

(g)      conditions of residence of the students of the University including the levying of fees for residence in halls of residence and hostels;

(h)      approval and licensing of hostels and lodgings;

(i)       conditions under which a person should conduct research to entitle him to a degree;

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

(k)      institution of stipends and free and half-free studentship;

(l)       academic costumes;

(m)     use of the library; and

(n)      establishment of academic departments.

(2)  The Academic Council shall prepare and submit the regulations to the Syndicate and the Syndicate may approve them with or without modifications or refer them back to the Academic Council for reconsideration or reject them.

37.  Rules.--(1) An Authority or a body of the University may make rules consistent with this Act, statutes and regulations, to regulate the conduct of its business.

(2)  The Syndicate may direct any Authority or body of the University to amend or repeal any rules made by the Authority or body.

CHAPTER VI

FINANCES

38.  University Fund.--(1) There shall be a Fund to be known as the University of Sahiwal Fund to which shall be credited all sums received by the University.

(2)  The University may accept donations in the shape of land, vehicles, equipment or any other items that may facilitate the functioning of the University and all such donations shall be used, maintained and disposed of by the University in the prescribed manner.

39.  Budget, audit and accounts.--(1) The budget of the University shall be approved and its accounts shall be maintained and audited in such manner as may be prescribed by the Syndicate.

(2)  The Syndicate may approve the budget of the University, appropriation of accounts of the University and settle an audit para relating to the audit of the University.

(3)  The Syndicate may delegate the power of appropriation or re-appropriation of funds to an officer of the University.

(4)  The annual statement of accounts of the University signed by the Treasurer and the Resident Auditor shall be submitted to the Government within six months of the closing of the financial year.

(5)  The accounts of the University together with audit objections, if any, and the observations of the Auditor appointed by the Government and the Treasurer shall, in the prescribed manner, be presented to the Syndicate with the remarks of the Finance and Planning Committee.

Chapter VII

Miscellaneous

40.  Appeal to Syndicate.--(1) If an order is passed by an Authority, body or officer of the University, other than the Chancellor, and an appeal against the order is not provided under the statutes or the regulations, any aggrieved person may, within thirty days of the communication of the order, prefer an appeal against the order to the Syndicate.

(2)  The Syndicate may constitute a committee of its members to hear and dispose of any appeal on behalf of the Syndicate.

(3)  If a member of the Syndicate is the officer who passed the order or who is also member of the Authority against whose order appeal is filed before the Syndicate, such member shall not hear the appeal as member of the Syndicate or committee constituted to hear and dispose of the appeal.

41.  Tripartite mobility.--(1) Any officer, teacher of the Government or employee of the University on the recommendation of the Syndicate may be directed to serve in any post in the University or under the Government or an educational or research institution in public interest.

(2)  The Government may, in consultation with the Selection Board, place the services of an employee of the Government or of any other University or an educational or research institution at the disposal of the University in the public interest.

(3)  The terms and conditions of service of an officer or employee under this section shall not be less favourable than those enjoyed by him immediately before his services are placed at the disposal of the University, Government, educational or research institution, and full benefit of his previous service shall continue to remain in force until altered in accordance with law.

42.  Transition.--The Chancellor shall constitute a Chancellor’s Committee to exercise the powers assigned to the Syndicate under this Act till such time the Syndicate is constituted in accordance with the provisions of the Act or until expiry of one year from the date of establishment of the University, whichever is earlier.


43.  Removal of difficulties.--If any difficulty arises in giving effect to any of the provisions of this Act, the Government may give such directions, not inconsistent with the Act, as it may consider necessary for the removal of such difficulty.

44.  Indemnity.--No suit or legal proceedings shall lie against the Government, the University or any Authority, officer or employee of the Government or the University or any person in respect of anything which is done in good faith under this Act.

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ACT XXVII OF 2015

PUNJAB MOTOR VEHICLE TRANSACTION LICENSEES ACT, 2015

An Act to license and regulate the services of the motor vehicle transaction licensees for improved service delivery to the purchasers of motor vehicles

[Gazette of Punjab, Extraordinary, 19th June, 2015]

No. PAP/Legis-2(82)/2015/1249. The Punjab Motor Vehicle Transaction Licensees Bill 2015, having been passed by the Provincial Assembly of the Punjab on June 11, 2015, and assented to by the Governor of the Punjab on June 18, 2015, is hereby published as an Act of the Provincial Assembly of the Punjab.

It is necessary to regulate the services of the motor vehicle transaction licensee acting on behalf of the owners of motor vehicles for purposes of registration of motor vehicles and to provide for ancillary matters;

Be it enacted by the Provincial Assembly of the Punjab as follows:

1.  Short title, extent and commencement.--(1) This Act may be cited as the Punjab Motor Vehicle Transaction Licensees Act, 2015.

(2)  It extends to the whole of the Punjab.

(3)  It shall come into force at once.

2.  Definitions.--(1) In this Act:

(a)      “Government” means Government of the Punjab;

(b)      “licence” means a licence issued under the Act;

(c)      “licensing authority” means an officer of Excise and Taxation Department, not below the rank of Director Excise and Taxation, notified by the Government as licensing authority under the Act;

(d)      “motor vehicle transaction licensee” means a motor vehicle dealer or agent licensed under the Act;

(e)      “Ordinance” means the Provincial Motor Vehicle Ordinance 1965 (XIX of 1965);

(f)       “prescribed” means prescribed by the rules made under the Act; and

(g)      “transaction” means any activity relating to registration of a motor vehicle under the Ordinance on behalf of the owner of a motor vehicle and includes a transaction relating to any change or endorsement in a registration certificate’ booklet (Form-G) or issuance of number plates.

(2)  A word or term, used in this Act but not defined, shall mean the same as in the Ordinance.

3.  Motor vehicle transaction licensee.--(1) A person shall not undertake a transaction on behalf of the owner of a motor vehicle unless he holds a licence issued under this Act.

(2)  The licensing authority may, in the prescribed manner, grant licence subject to such conditions as it may impose.

(3)  The licensing authority shall not issue a licence if the applicant:

(a)      is a minor; or

(b)      is declared to be of unsound mind or un-discharged insolvent by a court; or

(c)      has been convicted of an offence of criminal misappropriation or criminal breach of trust or cheating or any other offence involving moral turpitude, and a period of three years has not elapsed since completion of the sentence.

(4)  A motor vehicle transaction licensee may undertake such functions as may be specified in the terms and conditions of the license issued under this Act and the rules.

(5)  The Government may prescribe criteria for grant of licence and conditions for the conduct of the business of a motor vehicle transaction licensee.

4.  Procedure for licensing.--(1) A person, who wishes to obtain a licence, shall make an application to the licensing authority in such form and manner and on payment of such fee and furnishing of such security as may be prescribed.

(2)  If the applicant for a licence fulfills the requirements and does not suffer from any of the disqualifications, the licensing authority may, in the prescribed manner, grant the licence to the applicant.

5.  Renewal of licence.--(1) A licence shall be valid for a period of one year and may be renewed annually subject to such conditions as may be prescribed.

(2)  A motor vehicle transaction licensee shall, within thirty days preceding the date of expiry of his licence, apply to the licensing authority, in such form and manner and on payment of such fee as may be prescribed, for renewal of the licence.

(3)  If the motor vehicle transaction licensee fulfills the requirements and conditions, and does not suffer from any of the disqualifications, the licensing authority may, in the prescribed manner, renew the licence.

6.  Service charges.--The Government may prescribe a maximum rate of service charges which a motor vehicle transaction licensee may charge for a transaction of a motor vehicle or a category of motor vehicles.

7.  Maintenance of record and account.--(1) A motor vehicle transaction licensee shall, in the prescribed manner, maintain such accounts and other record of all the transactions as may be prescribed.

(2)  The licensing authority may direct a motor vehicle transaction licensee to furnish information and produce the accounts or record of any transaction before the licensing authority or such other officer as may be designated or prescribed.

8.  Cancellation and suspension of license.--(1) The licensing authority may, by an order in writing, suspend a licence for such period not exceeding three months for the first breach and not exceeding six months for the second or subsequent breach, as may be specified in that order, or may cancel the licence if it is satisfied that the motor vehicle transaction licensee has committed a breach of any of the conditions of the licence or has:

(a)      failed satisfactorily to maintain the prescribed record;

(b)      maintained or submitted incorrect accounts of the transactions;

(c)      arranged or negotiated a transaction knowing that there was a defect or dispute in the identity or documents in the title of the motor vehicle;

(d)      charged service charges or remuneration at a rate higher than the prescribed rate;

(e)      charged fee or tax in excess of the prescribed rate or misappropriated any amount charged from the customer; or

(f)       misplaced registration documents or any other allied documents or tempered with any of such documents handed over to him for purposes of a transaction.

(2)  The licensing authority shall not pass an order under sub-section (1) without giving the motor vehicle transaction licensee an opportunity to show-cause within ten days from the date of the receipt of the notice and after affording him an opportunity of personal hearing.

(3)  A motor vehicle transaction licensee, aggrieved by an order passed under sub-section (1), may, within thirty days of the passing of the order, prefer an appeal to the appellate authority and the decision of the appellate authority shall be final.

(4)  The Government shall, by notification, appoint an appellate authority for purposes of this section.

9.  Recovery of dues.--Any amount due under this Act shall be recoverable as arrears of land revenue.

10.  Offence.--If a person contravenes any of the provisions of this Act, he shall be liable to punishment of simple imprisonment which may extend to six months or fine which may extend to forty thousand rupees or both.

11.  Cognizance and summary trial.--(1) No court shall take cognizance of an offence under this Act except on a complaint made in writing by the licensing authority.


(2)  A Magistrate of the first class shall conduct the trial of an offence under this Act in accordance with the provisions of Chapter XXII of the Code of Criminal Procedure 1898 (V of 1898) relating to the summary trials.

12.  Power to make rules.--The Government may, by notification, in the official Gazette, make rules for carrying out the purposes of this Act.

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ACT XXVIII OF 2015

PROVINCIAL MOTOR VEHICLES (SECOND AMENDMENT) ACT, 2015

An Act further to amend the Provincial Motor Vehicles Ordinance, 1965.

[Gazette of Punjab, Extraordinary, 19th June, 2015]

No. PAP/Legis-2(81)/2015/1250. The Provincial Motor Vehicles (Second Amendment) Bill 2015, having been passed by the Provincial Assembly of the Punjab on June 11, 2015, and assented to by the Governor of the Punjab on June 18, 2015, is hereby published as an Act of the Provincial Assembly of the Punjab.

It is necessary further to amend the Provincial Motor Vehicles Ordinance, 1965 (XIX of 1965) for purposes hereinafter appearing;

Be it enacted by the Provincial Assembly of the Punjab as follows:

1.     Short title and commencement.--(1) This Act may be cited as the Provincial Motor Vehicles (Second Amendment) Act, 2015.

(2)  It shall come into force at once.

2.     Amendment in Section 25 of Ordinance XIX of 1965.--In the Provincial Motor Vehicles Ordinance, 1965 (XIX of 1965), in Section 25, after sub-section (4), the following sub-section (4A) shall be added:

“(4A) An owner may submit an application to the registering authority for allocation of personalized vanity plates that are linked with a particular registration mark and the owner shall display on the motor vehicle the personalized vanity plates.

Explanation: The personalized vanity plates are made of such material, format and specifications and are issued in such manner as may be prescribed.”

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

ACT XXIX OF 2015

PUNJAB FINANCE ACT, 2015

An Act to levy, alter and rationalize certain taxes, fees and duties in the Punjab.

[Gazette of Punjab, Extraordinary, 26th June, 2015]

No. PAP/Legis-2(86)/2015/1252. The Punjab Finance Bill 2015, having been passed by the Provincial Assembly of the Punjab on June 24, 2015, and assented to by the Governor of the Punjab on June 26, 2015, is hereby published as an Act of the Provincial Assembly of the Punjab.

It is necessary in public interest to levy, alter and rationalize certain taxes, fees and duties in the Punjab; and, to deal with ancillary matters;

Be it enacted by Provincial Assembly of the Punjab as follows:

1.  Short title, extent and commencement.--(1) This Act may be cited as the Punjab Finance Act, 2015.

(2)  It extends to whole of the Punjab.

(3)  It shall come into force on the first day of July 2015.

2.  Amendment in Act II of 1899.--In the Stamp Act, 1899 (II of 1899), in Section 27-A, in sub-section (1), for the expression “Articles 23, 27-A, 31 or 33”, the expression “Articles 23, 27-A, 31, 33 or 63” shall be substituted.

3.  Amendment in Act VI of 2010.--In the Punjab Finance Act, 2010 (VI of 2010), in Section 6, in sub-section (5), in clause (a), the words “and the value of which exceeds one million rupees” shall be omitted.

4.  Amendment in Act XV of 2011.--In the Punjab Finance Act, 2011 (XV of 2011), Section 7 shall be omitted.

5.  Amendments in Act XLII of 2012.--In the Punjab Sales Tax on Services Act, 2012 (XLII of 2012):

(1)      in Section 2:

          (a)      for clause (1), the following shall be substituted:

          “(1)     “Additional Commissioner” means a person appointed as Additional Commissioner of the Authority;

          (1A)    “Appellate Tribunal” means the Appellate Tribunal established under the Punjab Revenue Authority Act, 2012 (XLIII of 2012);”;

          (b)      after clause (26), the following clause (26-A) shall be inserted:

                   “(26-A) “non-banking financial institution” includes a company licensed by the Securities and Exchange Commission of Pakistan to carry out any one or more of the following forms of business:

          (i)       investment finance services;

          (ii)      leasing;

          (iii)     housing finance services;

          (iv)     venture capital investment;

          (v)      discounting services;

          (vi)     investment advisory services;

          (vii)    asset management services; and

          (viii)   any other form of business which the Federal Government may, from time to time, by notification in the official Gazette specify;”; and

          (c)      after clause 42, the following clause (42-A) shall be inserted:

                   “(42-A) “taxpayer” means any person who, in the course of an economic activity, provides taxable services for consideration;”;

(2)  in Section 3, after sub-section (5), the following sub-section (6) shall be inserted:

          “(6) The services mentioned in the First Schedule are not exhaustive and all the services mentioned in the Second Schedule, rules and circulars shall be taxable services.”;

(3)  in Section 10, after sub-section (4), the following sub-section (5) shall be inserted:

          “(5) For purposes of sub-section (4), the amount of tax entitled to be deducted shall not include any amount of additional tax, default surcharge, fine, penalty or fee imposed or charged under the Act.”;

(4)  in Section 32, in sub-section (1), for the word “five”, the word “six” shall be substituted;

(5)  in Section 33, in sub-section (1), after the words “the records maintained”, the words “or obtained” shall be inserted;

(6)  in Section 34:

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

          “(1) The Authority may, by notification in the official Gazette, appoint a Chartered Accountant as defined under Chartered Accountants Ordinance, 1961 (X of 1961) or a firm of Chartered Accountants or a Cost and Management Accountant within the meaning of the Cost and Management Accountants Act, 1966 (XIV of 1966), or a firm of Cost and Management Accountants or a person or a firm having expertise in forensic audit, for conducting a special audit or forensic audit or both of the records of any registered person.”;

(b)      after sub-section (3), the following sub-section (3A) shall be inserted:

          “(3A) The Authority may require that such officers of the Authority as the Authority may nominate, shall be associated in the special audit or the forensic audit conducted under sub-section (1) and the Authority may also get the special audit or the forensic audit conducted jointly with similar audit of a registered person being conducted by FBR or any other provincial administrations of sales tax on services.”;

(7)  In Section 35, in sub-section (6), for the words “A registered person may”, the words “Subject to rules, a registered person may” shall be substituted;

(8)  in Section 48, in sub-section (2), in the TABLE:

(a)      at S. No. 1:

          (i)       in Column 3, for the words “shall be ten thousand rupees the words “for a company shall be one hundred thousand rupees and for a person, other than a company, shall be fifty thousand rupees” shall be substituted; and

          (ii)      in Column 4, for the figure “25”, the expression “25 and 27” shall be substituted;

(b)      for S. No. 5, the following shall be substituted:

S. No.

Offences

Penalties

Section

“5.

Where a person, without any reasonable cause, fails to produce the record or information despite receipt of a notice from the Authority or any officer of the Authority directing him to produce such record or information.

Such person shall pay a penalty of twenty five thousand rupees for the first default and fifty thousand rupees for each subsequent default.

30, 32, 53 and 57”

(c)      at S. No. 10, in column 4, for the existing entry, the expression “General and Section 59” shall be substituted;

(9)  in Section 57:

(a)      for sub-section (2), the following shall be substituted:

          “(2) An officer conducting an audit, enquiry, investigation or otherwise for the purposes of the Act or the rules may require in writing any person to furnish any information as is held by the person.”; and

(b)      in sub-section (3), after the words, “the Authority”, the words “or an officer authorized by the Authority” shall be inserted;

(10)  after Section 87, the following Sections 88 and 89 shall be inserted:

“88. Prize schemes to promote tax culture.--The Authority may, with the approval of the Government, prescribe prize schemes to encourage the general public to make purchases only from registered persons issuing tax invoices.

89.  Reward to whistleblowers.--(1) The Authority may, with the approval of the Government, sanction reward to a whistleblower.

(2)  The Authority may, by notification, prescribe the procedure in this behalf and also specify the apportionment of reward sanctioned under this section for a whistleblower.

(3)  The claim for reward by the whistleblower shall be rejected if--

(a)      the information provided is of no value;

(b)      the Authority already had the information;

(c)      the information was available in public records; or

(d)      no collection of tax is made from the information provided by a whistleblower.

(4)  Where, after providing an opportunity of being heard, it is found that a whistleblower has provided false, misleading or frivolous information, he shall be liable to a penalty of one hundred thousand rupees.

(5)  In this section, ‘whistleblower’ means a person who reports concealment or evasion of tax or tax fraud leading to detection or collection of the tax.”;

(11)  in Second Schedule:

(a)      in the TABLE, in the caption, in column 3, for the word “Classification”, the expression “Classification, if applicable” shall be substituted;

(b)      at S. No. 1:

          (i)       in column 2, after the word “caterers”, the words “(including all ancillary or allied services such as floral or other decoration, furnishing of space whether or not involving rental of equipment and accessories)” shall be inserted; and

          (ii)      in column 3, for the word `and’, a comma shall be substituted and after the figures “9862.0000”, the expression “and respective headings” shall be inserted;

(b)      at S. No. 2, in column 2, for Paragraph (b), the following shall be substituted:

          “(b)     financed out of funds provided by a Government under an agreement of foreign grant-in-aid;”

(c)      at S. No. 4, in column 2, after the word “including”, the expression “express cargo or logistic services or” shall be inserted;

(d)      at S. No. 13:

          (i)       in column 2, after the words “intellectual property rights services”, the words “and licensing services” shall be inserted;

          (ii)      in column 3, for the existing entries, the following shall be substituted:

                   “9823.0000, 9839.0000 and respective headings”;

          (e)      at S. No. 14, in column 2, under the caption “EXCLUDING:”, for the existing entries, the following shall be substituted:

          “(i)      Where the tax is otherwise paid by registered persons as property developers, builders or promoters for building construction; or

          (ii)      Where the construction work is funded under an agreement of foreign grant-in-aid or involves construction of consular buildings; or

          (iii)     Government civil works including those of Cantonment Boards; or

          (iv)     Residential construction projects where the covered area does not exceed 10,000 square feet for a house and 20,000 square feet for an apartment except where construction services are provided to construct more than one house or more than one apartment building.”

(f)       at S. No. 15, in column 2, for the existing entries, the following shall be substituted:

          “Services provided by property developers, builders and promoters (including their allied services) excluding actual purchase value or documented cost of land.”;

(g)      at S. No. 18:

          (i)       in column 2, for the existing entries, the following shall be substituted:

                   “Services provided for personal care by beauty parlors, salons, clinics, sliming clinics, spas (including saunas, Turkish baths and Jacuzzi) and similar other establishments including cosmetic and plastic surgery and hair transplants.

                   EXCLUDING:

                   Services provided in a parlour, salon or clinic where the facility of air-conditioning is not installed or is not available in the premises on any day of the financial year.”; and

          (ii)      in column 3, after the existing entries, the expression “and 9815.7000 and respective headings” shall be inserted;

(h)      at S. No. 21, in column 4, for the figures “400”, the figures “1000” shall be substituted;

(i)       at S. No. 22:

          (i)       in column 2, for the existing entry, the following shall be substituted:

                   “Information technology-enabled or information technology based services including software development, software customization, software maintenance, system support, system assembly, system integration, system designing and architecture, system analysis, system development, system operation, system maintenance, system up-gradation and modification, data warehousing or management, data entry operations, data migration or transfer, system security or protection, web designing, web development, web hosting, network designing, services relating to enterprise resource or management planning (including marketing of products), development and sale of smart phone applications or games, graphics designing, medical transcription, remote monitoring, telemedicine, insurance claim processing, online retrieval and database access or retrieval service.”; and

          (ii)      in column 3, after the figure “9815.6000”, the words “and respective headings” shall be inserted;

(j)       at S. No. 24:

          (i)       in column 2:

                   “Services provided by other consultants (by whatever name called or treated, whether as consultant or otherwise) including human resource and personnel development services, exhibition or convention services, event management services (whole range and variety of their services regardless of separate or individual classification thereof), valuation services, evaluation services (including competency and eligibility testing services), certification, verification and equivalence services, market research services, marketing or sales services (including marketing agencies and on line marketing or sales services), surveyors services, training or coaching services (other than general education services) and credit rating services.”; and

          (ii)      in column 3, after the existing entries, the expression”, 9825.0000, 9819.5000, 9849.0000, 9818.9000, 9853.0000, 9856.0000 and respective headings” shall be inserted;

(k)      at S. No. 30:

          (i)       in column 2, for the existing entries, the following shall be substituted:

                   “Services provided by a registrar to an issue, share transfer or depository services including services provided through manual or electronic book-entry system used to record and maintain securities and to register the transfer of shares, securities and derivatives (including investor account services, trustee or custodial services, share registrar services and their allied or connected services).”; and

          (ii)      in column 3, for the existing entries, the following shall be substituted:

                   “9819.9500, 9819.9090 and respective headings”;

(l)       at S. No. 33:

          (i)       in column 2, after the words “fashion designers”, the words “including use of brand name, logo or house mark (whether or not registered) in the manufacturing or trading of products” shall be inserted; and

          (ii)      in column 3, after the existing entries, the expression”, 9839.0000 and respective headings” shall be inserted;

(m)     at S. No. 34:

          (i)       in column 2, after the words “town planners”, the expression “landscapers, landscape designers” shall be inserted; and

          (ii)      in column 3, after the figure “9814.9000”, the expression “, 9814.4000 and respective headings” shall be inserted;

(n)      at S. No. 35:

          (i)       in column 2, after the words “rent-a-car”, the expression “(including renting of all categories of vehicles meant for transportation of persons)” shall be inserted; and

          (ii)      in column 3, for the existing entry, the expression “9819.3000 and respective headings” shall be inserted;

(o)      at S. No. 42, in column 2, for the words “for patients”, the words “exclusively for medical treatment purposes” shall be substituted; and

(p)      after S. No. 46, in columns 1 to 4, the following entries shall be inserted:

S. No.

Description

Classification, if Applicable

Rate of Tax

(1)

(2)

(3)

(4)

“47

Services in relation to transport of goods other than water, through pipeline, conduit or any other medium (other than inland carriage of goods by road otherwise taxable or chargeable to tax as such).

Respective headings

Sixteen percent

48

Services provided by persons for inter-city carriage of goods by rail or road.

EXCLUDING:

Services provided by an individual owner of a vehicle for carriage of goods.

98.04, 9804.2000, 9804.9000 and respective headings

Sixteen percent

49

Visa processing services including advisory or consultancy services for foreign education or for migration, visa application filing, services provided by document collection centres and subsequent assistance in visa processing (including all ancillary services).

Respective headings

Sixteen percent

50

Services in relation to supply of tangible goods including machinery, equipment and appliances for use, without transferring right of possession and effective control of such machinery, equipment and appliances.

Respective headings

Sixteen percent

51

Public relation services including communication services and services provided by public relations or media management businesses, communication specialists, media researchers, and services provided by opinion poll agencies.

9819.9200 and respective headings

Sixteen percent

52

Services provided by accountants (including practicing chartered or cost accountants), auditors, actuaries, tax consultants (by whatever name called), practicing company secretaries, receivers, liquidators, auctioneers and corporate law consultants, whether individual or otherwise.

9815.2000 9815.3000 9850.0000 9851.0000 9855.0000 and respective headings

Sixteen percent

53

Domestic transportation of goods by air (other than courier services otherwise taxable or chargeable to tax as such)

Respective headings

Sixteen percent

54

Facilities for travel (by air): (a) services provided or rendered in respect of travel by air of passengers embarking from the Punjab for air travel or journey within the territorial jurisdiction of Pakistan:

(i)   long routes

(ii)  short routes

Explanation.--For the purpose of this entry, “long routes” means journeys exceeding 500 kilometres, and “short routes” means the remaining journeys.

(b) Services provided or rendered in respect of travel by air of passengers embarking from the Punjab for international air travel or journey:

(i)    economy and economy plus

(ii)   club, business and first class.

EXCLUDING:

Air travel services provided to Hajj or Umrah passengers, diplomats and supernumerary crew.

9803.1000 9803.1100









Rs.2500 per ticket

Rs.1500 per ticket













Rs.5000 per ticket

Rs.10,000 per ticket

55

Chartered flight services within or originating from the Punjab.

9803.1000 9803.9000

Sixteen percent


56

Debt collection and similar other recovery services.

9863.0000

Sixteen percent

57

Supply chain management or distribution (including delivery) services.

Respective headings

Sixteen percent

58

Services provided by photography studios and event or occasion photographers/film-makers

EXCLUDING:

Non-corporate (individual) photographers operating from small road-side shops declared as such by the Authority.

9819.7000 and respective headings

Sixteen percent

59

Sponsorship services.

9805.9100

Sixteen percent”

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

ACT XXX OF 2015

PUNJAB INFRASTRUCTURE DEVELOPMENT CESS ACT, 2015

An Act to levy and collect infrastructure development cess on transportation of goods manufactured, produced or consumed in, imported into or exported out of the Punjab.

[Gazette of Punjab, Extraordinary, 26th June, 2015]

No. PAP/Legis-2(87)/2015/1253. The Punjab Infrastructure Development Cess Bill 2015, having been passed by the Provincial Assembly of the Punjab on June 24, 2015, and assented to by the Governor of the Punjab on June 26, 2015, is hereby published as an Act of the Provincial Assembly on the Punjab.

It is necessary to levy and collect infrastructure development cess on transportation of goods manufactured, produced or consumed in, imported into or exported out of the Punjab; to provide resources for the maintenance, development and improvement of the infrastructure required, amongst other things, to cater for the load of goods traffic; and to deal with other purposes;

Be it enacted by Provincial Assembly of the Punjab as follows:

CHAPTER I

PRELIMINARY

1.  Short title, extent and commencement.--(1) This Act may be cited as the Punjab Infrastructure Development Cess Act, 2015.

(2)  It extends to whole of the Punjab.

(3)  It shall come into force from the 1st day of July 2015.

2.  Definitions.--In this Act:

(a)      “Authority” means the Punjab Revenue Authority established under the Punjab Revenue Authority Act, 2012 (XLIII of 2012);

(b)      “cess” means the infrastructure cess levied and collected under the Act and includes default surcharge or penalty or any other sum payable under the Act or the rules;

(c)      “Customs Act” means the Customs Act, 1969 (IV of 1969), and rules made or notifications issued under that Act;

(d)      “FBR” means the Federal Board of Revenue established under the Federal Board of Revenue Act, 2007 (IV of 2007);

(e)      “goods” means goods classifiable under the First Schedule to the Customs Act and includes the goods defined under that Act;

(f)       “Government” means Government of the Punjab;

(g)      “infrastructure” includes roads, streets, bridges, culverts, lights on passage, beaches, public parks, place of public recreation or enjoyment and convenience, eating places, landscape, forests, fisheries, delta conservation, lakes, breeding places of aquatic life, wildlife and its sanctuaries, public schools, vocational and technical training centers and projects, libraries, museums and similar institutions controlled and financed by the Punjab, control of traffic for smooth flow and other movement of goods, public order, police force, patrol for safety of goods, stands for loading and unloading of goods, parking places, markets, water supply, hospitals and dispensaries and development, improvement, maintenance and protection of such infrastructure;

(h)      “person” includes:

          (i)       an individual;

          (ii)      an association of persons;

          (iii)     a company incorporated, formed, organized or established in Pakistan or elsewhere;

          (iv)     the Federal Government;

          (v)      a Provincial Government;

          (vi)     a local authority in Pakistan; or

          (vii)    a foreign government, political subdivision of a foreign government, or public international organization;

(i)       “rules” means the rules made under the Act;

(j)       “Sales Tax Act” means the Sales Tax Act, 1990 (VII of 1990); and

(k)      “value” means the price including cost, insurance, freight, customs duty, sales tax or any other levy determined by customs authorities in the customs goods declaration form or in absence of it, in the bill of lading of goods being imported or exported provided that in case of goods manufactured, produced or consumed in Pakistan, the value shall be determined for the purpose of levy and payment of sales tax under the Sales Tax Act.

CHAPTER II

SCOPE OF CESS

3.  Scope of cess and allied matters.--(1) Subject to this Act and the rules, there shall be levied and collected a cess on the goods manufactured, produced or consumed in the Punjab, goods imported into or goods exported out of the Punjab at a fixed rate of 0.90% of total value of goods as assessed for customs purposes.

(2)  The cess shall be deposited in the Provincial Consolidated Fund to be utilized by the Government for maintenance and development of infrastructure and other activity ancillary to the infrastructure in such manner as may be deemed proper by the Government.

4.  Person liable to pay cess.--(1) Every person manufacturing, producing or consuming goods and every person importing goods into the Punjab through any port, dry-port, airport or custom station including bonded warehouse and every person exporting goods out of the Punjab shall be liable to pay the cess.

(2)  Nothing contained in this section shall prevent the collection of cess from a different person if that person is made separately, jointly or severally liable for payment of the cess under this Act or the rules.

5.  Payment of cess.--(1) In case of goods imported into or exported out of the Punjab, cess shall be payable in the same manner and at the same time as if it were a customs duty regardless whether or not the goods are liable to such duty.

(2)  In case of goods manufactured, produced or consumed in the Punjab, cess shall be payable in the same manner and at the same time as if it were a sales tax payable under the Sales Tax Act.

(3)  The amount of cess shall be deposited in such head of account as may be specified by the Government.

(4)  Notwithstanding anything contained in this section, the Authority may, in respect of any goods, category or class of goods and subject to such conditions, restrictions or limitations, if any, specify any other manner or time or mode of payment of cess.

6.  Exemptions.--(1) Notwithstanding anything contained in Sections 3 and 5 and unless otherwise specified or directed by the Government through a notification in the official Gazette, the goods exported out of the Punjab and the goods manufactured, produced or consumed (other than goods imported on payment of cess) in the Punjab shall be exempt from cess.

(2)  The cess shall not be payable in respect of imported fresh food items like fresh vegetables and fresh fruits.

(3)  The Authority may, with the approval of the Government and subject to such conditions as it may impose, by the notification in official Gazette, exempt any goods, or category or class of goods from the payment of whole or any part of the cess.

CHAPTER III

OFFENCES AND PENALTIES

7.  Default surcharge.--(1) Where any person has not paid any amount of cess due under this Act, he shall, in addition to the cess due or any other penalties payable under the Act, pay default surcharge at the rate of two percent of the payable amount of the cess per month.

(2)  Where necessary, the amount of default surcharge shall be prorated but in a case the period of default is less than one month, the amount of default surcharge shall not be prorated.

Explanation.--For the purposes of this section, the cess due does not include penalty.

8.  Penalty.--Where a person has failed to pay any amount of cess, he shall be liable to pay a penalty not exceeding ten percent of the amount of cess due and payable.

9.  Waiver of default surcharge or penalty.--The Authority may, subject to such conditions as it deems appropriate, waive the payment of default surcharge on cess under Section 7 or penalty under Section 8 in any case or class of cases.

CHAPTER IV

MISCELLANEOUS

10.  Application of provisions of other laws.--(1) In case of goods imported into or exported out of the Punjab, the Customs Act shall, as nearly as possible, apply to the collection, payment and administration of the cess insofar as it relates to:

(a)      manner, time and mode of payment;

(b)      declarations, processing and management thereof;

(c)      keeping of records, accounts and documents;

(d)      enforcement and adjudication including appeals;

(e)      penalties and prosecution; and

(f)       all other ancillary matters.

(2)  Where required in case of goods manufactured, produced or consumed in the Punjab, the Sales Tax Act and the rules made and notifications, orders and instructions issued under the Sales Tax Act shall, as nearly as possible, apply to collection and payment of cess under this Act insofar as they relate to the matters covered in sub-section (1).

(3)  This Act and the rules shall be treated as fiscal law for the purpose of clause (h) of Section 2 of the Punjab Revenue Authority Act, 2012 (XLIII of 2012).

11.  Power to make rules.--(1) The Authority may, with the approval of the Government and by notification in the official Gazette, make rules for carrying out the purposes of this Act.


(2)  The Government shall lay all the rules made during a financial year in Provincial Assembly of the Punjab at the time of presentation of the annual budget for the next financial year.

(3)  The Authority may issue general orders, circulars or instructions, directions or clarifications to carry out the purposes of this Act or the rules.

12.  Bar on adjustment.--The amount of cess payable or paid under this Act shall not be adjusted against any other tax, levy or cess payable to the Government under any other law, and any other tax, levy or cess shall not be adjusted against any amount of the cess payable under the Act.

13.  Intersystem connectivity.--The Authority may enter into such arrangements for real time connectivity of its computerized system with the system of FBR or any other department, organization, institution or authority as it may deem proper for the purpose of regular or efficient monitoring of the collections and receipts of the cess.

14.  Savings.--Where the Government or the Authority takes any action, makes any decision or orders, issues any instructions, directions, clarifications or notifications in pursuance of or in exercising of powers conferred under any provision of any law in respect of any matter relating to the cess and allied issues covered under this Act or the rules, such actions, decisions, orders, instructions, directions, clarifications and notifications shall be deemed to have been validly issued to serve the purposes of this Act and the rules.

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

ACT XXXI OF 2015

PROVINCIAL MOTOR VEHICLES
(AMENDMENT) ACT, 2015

An Act further to amend the Provincial Motor Vehicles Ordinance, 1965.

[Gazette of Punjab, Extraordinary, 26th June, 2015]

No. PAP/Legis-2(76)/2015/1254. The Provincial Motor Vehicles (Amendment) Bill 2015, having been passed by the Provincial Assembly of the Punjab on June 24, 2015, and assented to by the Governor of the Punjab on June 26, 2015, is hereby published as an Act of the Provincial Assembly of the Punjab.

It is expedient further to amend the Provincial Motor Vehicles Ordinance, 1965 (XIX of 1965) for purposes hereinafter appearing;

Be it enacted by the Provincial Assembly of the Punjab as follows:

1.     Short title and commencement.--(1) This Act may be cited as the Provincial Motor Vehicles (Amendment) Act, 2015.

(2)  It shall come into force at once.

2.     Insertion of Section 112-B in Ordinance XIX of 1965.--(1) In the Provincial Motor Vehicles Ordinance, 1965 (XIX of 1965), after Section 112-A, the following Section 112-B shall be inserted:

“112-B. Penalty for overcharging of fares.--(1) If a person being in charge of a transport vehicle overcharges from a passenger or causes to overcharge from the passenger in violation of the fares approved by the Government or Provincial Transport Authority or Regional Transport Authority, he shall be liable to any of the following punishments:

(a)      fine of fifteen hundred rupees in case of overcharging for the first time;

(b)      fine of three thousand rupees and impounding of the transport vehicle for minimum of forty eight hours in case of overcharging for the second time within six months of first overcharging; and

(c)      fine of four thousand rupees and suspension of route permit of the transport vehicle for three months in case of overcharging within three months of second overcharging.

(2)  The Government may notify separate form of register, which may be manual or electronic, for the purpose of maintaining record of repeated overcharging under this section.”

3.  Repeal.--The Provincial Motor Vehicles (Amendment) Ordinance, 2015 (XII of 2015) is hereby repealed.

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


ACT XXXII OF 2015

STAMP (AMENDMENT) ACT, 2015

An Act further to amend the Stamp Act, 1899

[Gazette of Punjab, Extraordinary, 26th June, 2015]

No. PAP/Legis-2(80)/2015/1255. The Stamp (Amendment) Bill 2015, having been passed by the Provincial Assembly of the Punjab on June 24, 2015, and assented to by the Governor of the Punjab on June 26, 2015, is hereby published as an Act of the Provincial Assembly of the Punjab.

It is expedient further to amend the Stamp Act, 1899 (II of 1899) for purposes hereinafter appearing;

Be it enacted by the Provincial Assembly of the Punjab as follows:

1.     Short title and commencement.--(1) This Act may be cited as the Stamp (Amendment) Act, 2015.

(2)  It shall come into force on such date as the Government may, by notification, appoint and different dates may be appointed for coming into force of the provisions of this Act in different local areas.

2.     Amendment in Section 2 of Act II of 1899.--In the Stamp Act, 1899 (II of 1899), hereinafter referred to as the said Act, in Section 2:

(a)      for clause (11), the following shall be substituted:

          “(11)   “duly stamped” means affixation of an adhesive or impressed stamp or e-stamp of not less than the requisite amount and that the stamp has been legally affixed, used or electronically generated;”

(b)      after clause (11), the following clause (11A) shall be inserted:

          (11A)  “e-stamp” means a paper printed or partially printed containing a bar code or having any of its unique identification code and such other information, as may be specified by the rules, to be generated and printed, on deposit of money equivalent to chargeable stamp duty in the account of the Government;”

(c)      for clause (13), the following shall be substituted:

          “(13)   “impressed stamp” includes--

          (a)      the label affixed and impressed by the proper officer;

          (b)      the stamp embossed or engraved on a stamp paper; and

          (c)      an e-stamp.”; and

(d)      in clause (14), after the word “recorded”, the words “and includes any instrument executed in electronic form” shall be inserted.

3.     Amendment in Section 10 of Act II of 1899.--In the said Act, in Section 10:

(a)      in sub-section (1), after the word “stamps”, the words “or e-stamps” shall be inserted; and

(b)      in sub-section (2), in clause (a), after the word “stamps”, the words “or e-stamps” shall be inserted.

4.     Insertion of Section 32-A in Act II of 1899.--After Section 32, the following Section 32-A shall be inserted.

“32-A. Certificate of designated officer.—An officer designated by the Government shall, by notification in the official Gazette, issue a certificate as to genuineness or otherwise of an e-stamp for the purpose of evidence in a legal proceedings.”

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ACT XXXIII OF 2015

PUNJAB MASSTRANSIT AUTHORITY ACT, 2015

An Act to provide for the establishment of Punjab Masstransit Authority.

[Gazette of Punjab, Extraordinary, 26th June, 2015]

No. PAP/Legis-2(75)/2015/1256. The Punjab Masstransit Authority Bill 2015, having been passed by the Provincial Assembly of the Punjab on June 24, 2015, and assented to by the Governor of the Punjab on June 26, 2015, is hereby published as an Act of the Provincial Assembly on the Punjab.


It is expedient to establish Punjab Masstransit Authority for purposes of construction, operation and maintenance of mass transit system in the major cities of the Punjab; for providing safe, efficient and comfortable urban transportation system; and, for ancillary matters;

Be it enacted by the Provincial Assembly of the Punjab as follows:

1.  Short title, extent and commencement.--(1) This Act be cited as the Punjab Masstransit Authority Act, 2015.

(2)  Subject to sub-section (4), it extends to whole of the Punjab.

(3)  It shall come into force at once.

(4)  It shall apply to the city of Lahore but the Government may, by notification in the official Gazette, extend its application to any other city of the Punjab.

2.  Definitions.--In this Act:

(a)      “AFC” means the automated fare collection system;

(b)      “ancillary facility” means the facility and equipment provisioned or developed by the Authority including bridge, underpass, tunnel, yard, fence, escalator, elevator, sliding door, toilet turnstile, scheduling system, passenger information, signaling, power supply, surveillance, control room, telecom, electrical and mechanical system, generator, light or fan and other facility;

(c)      “asset” means the movable or immovable property owned or controlled by the Authority;

(d)      “Authority” means Punjab Masstransit Authority established under the Act;

(e)      “Chairperson” means Chairperson of the Authority;

(f)       “corridor” means the track or road or a portion of the track or road which has been constructed or modified or is planned to be constructed or modified for the purpose of enabling smooth operation of MTS;

(g)      “depot” means the space or area provided for parking, repair, maintenance, fuelling servicing and cleaning of Masstransit vehicles.

(h)      “fare” includes all sums received or receivable and all sums charged or chargeable for the transportation of passengers;

(i)       “fund” means the Masstransit Authority Fund established under the Act;

(j)       “Government” means Government of the Punjab;

(k)      “licence” means a licence granted by the Authority to a service provider of the Authority;

(l)       “MTS” means mass transit system established and operated by the Authority for operation of the masstransit vehicles;

(m)     “member” means a member of the Authority;

(n)      “masstransit vehicle” means a vehicle operated by the Authority on the corridor or a public transport route;

(o)      “public transport route” means a route notified by the Authority for integrated urban and suburban public transport operations;

(p)      “regulations” mean the regulations framed by the Authority under the Act;

(q)      “rules” mean the rules made by the Government under the Act;

(r)      “service provider” means a service provider of the Authority like a masstransit vehicle operator, AFC operator, security, janitorial and housekeeping services provider and any entity providing any kind of services for the MTS; and

          (s)      “station” means a place earmarked on the corridor or public transport route where masstransit vehicles travelling in either direction stop for a specified duration allowing passengers to board on or alight from Masstransit vehicles.

3.  Punjab Masstransit Authority.--(1) The Government shall, by notification in the official Gazette, establish Punjab Masstransit Authority for carrying out the purposes of this Act.

(2)  The Authority shall be a body corporate, with perpetual succession and a common seal, with powers, subject to the provisions of this Act, to acquire, hold and dispose of property, and may by the said name, sue and be sued.

(3)  The Government or any other entity may, by notification, transfer the ownership or possession of a corridor, station, depot and any other ancillary facility constructed or procured for the MTS to the Authority.

(4)  The Authority shall not dispose of any immovable property without prior permission in writing of the Government.

(5)  A person shall not enter upon or in any way use the assets without written approval of the Authority.

(6)  The Authority shall consist of:

(a)      Chief Minister of the Punjab;               Chairperson

(b)      Vice Chairperson to be nominated by the Government on such terms and conditions as it may determine;                            Vice Chairperson

(c)      Minister for Transport of the Government;         Member

(d)      four members of Provincial Assembly of the Punjab including at least one female member of the Assembly and two members of National Assembly of Pakistan nominated by the Government;           Members

(e)      three persons including at least one woman from the private sector nominated by the Government;                                       Members

(f)       Chairman, Lahore Transport Company; Member

(g)      Chairman Planning and Development Board of the Government;           Member

(h)      Secretary to the Government, Finance Department;       Member

(i)       Secretary to the Government, Transport Department;   Member

(j)       Managing Director of the Authority; and Member

(k)      Secretary of the Authority.                  Member/Secretary

(7)  A member, other than an ex-officio member, shall hold office for a term of three years and may again be nominated by the Government.

(8)  An act or proceedings of the Authority shall not be invalid merely for reason of any vacancy or defect in the constitution of the Authority.

(9)  The Authority shall meet at such time and place and shall observe such procedure in regard to transaction of business at its meetings as may be prescribed and until so prescribed as may be directed by the Chairperson.

(10)  The meetings of the Authority shall be presided over by:

(a)      the Chairperson; or

(b)      in the absence of the Chairperson, by the Vice Chairperson; or

(c)      in the absence of the Chairperson and the Vice Chairperson, by such other member of the Authority as the Chairperson may nominate.

4.  Qualifications of the members.--No person shall be nominated or shall continue to be a member, if he:

(a)      is or, at any time, has been convicted of an offence involving moral turpitude; or

(b)      is or, at any time, has been declared insolvent; or

(c)      is found to be a lunatic or of unsound mind; or

(d)      is a minor; or

(e)      has a financial interest in any aspect of the MTS, or has a conflict of interest, directly or indirectly, with the Authority.

5.  Functions of the Authority.--(1) Subject to the provisions of this Act and rules, the Authority may perform such functions as may be necessary for carrying out the purposes of the Act.

(2)  In particular and without prejudice to the generality of the provision of sub-section (1), the Authority shall:

(a)      own, control, maintain and develop a corridor, station, depot and any other ancillary facility which are transferred to it by the Government;

(b)      plan, construct, operate and maintain the corridors for future expansion;

(c)      enter into contracts including concession agreements, grant licenses, leases, make other arrangements and perform all tasks necessary for efficient functioning of the MTS;

(d)      collect fares as may be determined by the Government;

(e)      grant licences to mass transit operators and all other service providers;

(f)       incur all necessary expenditure for planning, construction, operation and maintenance of the MTS including administrative expenses;

(g)      collect and use fees, fines and all other revenues generated from the MTS infrastructure;

(h)      subject to this Act, acquire, hold and dispose of property;

(i)       ensure safe, efficient and comfortable mass transit operations on a corridor or a public transport route;

(j)       establish, operate and maintain AFC;

(k)      make adequate arrangements for effective security of a corridor, station, depot and any other ancillary facility;

(l)       establish and maintain an effective third party oversight mechanism for collection of revenues;

(m)     establish and maintain an effective system of janitorial and housekeeping services to keep a corridor and its entire ancillary facilities clean;

(n)      plan and operate integrated public transport routes;

(o)      plan, construct and maintain infrastructure for the public transport routes;

(p)      give directions to any other person or agency for establishing and operating feeder transport services for a corridor;

(q)      give directions to any agency to desist from issuing competing transportation route permits along a corridor or a public transport route notified by the Authority;

(r)      give directions to any person to desist from operating any competing transportation system along a corridor or a public transport route notified by the Authority;

(s)      give directions to any person or agency for not interfering in any way with a corridor, its ancillary facilities and their smooth functioning;

(t)      monitor and enforce contracts, agreements including concession agreements, licenses or leases entered into or granted by the Authority; and

(u)      establish subsidiary companies or to assume control of companies transferred to it by the Government.

6.  Managing Director.--(1) The Government shall appoint Managing Director of the Authority on such terms and conditions as the Government may determine.

(2)  A person shall not be eligible for the post of Managing Director unless the person:

(a)      holds Masters Degree;

(b)      possesses at least twenty years experience of management in public or private sector; and

(c)      is less than sixty five years of age.

(3)  The Managing Director shall be the chief executive of the Authority and shall:

(a)      be a whole-time officer of the Authority;

(b)      perform such duties as may be assigned to him and exercise such powers as may be delegated to him by the Authority; and

(c)      hold office for each term of three years and shall remain in office for six months thereafter or until a successor in that office is appointed, whichever is earlier.

7.  Resignation and relieving of Managing Director.--The Managing Director may, at any time before the expiry of his term and upon three months prior notice, resign his office, or upon similar notice, or payment of three months’ salary and allowances in lieu of the notice, be relieved by the Government without assigning any reason.

8.  Secretary of the Authority.--(1) The Government shall appoint a Secretary of the Authority for a term of three years on such terms and conditions as the Government may determine.

(2)  The Secretary shall be a whole-time officer of the Authority and shall perform such functions as may be assigned to him by the Authority or the Managing Director.

(3)  The Government may extend the term of the Secretary beyond three years.

9.  Committees.--The Authority may constitute such committees as it may deem necessary for carrying out the purposes of this Act.

10.  Establishment of the Fund.--(1) There shall be established a Fund known as the Masstransit Authority Fund which shall vest in the Authority and shall be utilized by the Authority to meet all its expenses and charges in connection with its functions and powers under this Act including the payment of salaries and remuneration to its employees.

(2)  The Authority shall establish an escrow account in a scheduled bank approved by the Government and the account shall be collectively operated by the authorized representatives of the Authority and such service provider, as may be determined by the Authority.

(3)  All monies credited in the Fund shall be deposited with the bank approved by the Government.

(4)  The Fund shall be financed by:

(a)      fees, fines and other amounts received by the Authority;

(b)      grants from the Government or any other body or organization;

(c)      foreign aid and foreign loans obtained or raised by the Authority with the sanction of, and on such terms and conditions as may be approved by, the Government;

(d)      proceeds of all charges and income from sale of assets, and any recovery made under this Act; and

(e)      such other sums as may be received by the Authority.

11.  Delegation.--The Authority may, subject to such conditions as it deems appropriate, delegate to the Managing Director or an officer of the Authority any of its powers or functions under this Act, rules or regulations.

12.  Appointment of officers and employees.--The Authority may appoint such officers, experts, consultants and employees as it considers necessary for the efficient performance of its functions in such manner and on such terms and conditions as may be prescribed by regulations.

13.  Accounts.--The Authority shall maintain proper accounts and other relevant records and prepare annual statements of accounts in such form as may be prescribed.

14.  Budget.--(1) The Authority shall prepare, every year, in such form and at such time as may be prescribed a budget in respect of the next financial year showing the estimated receipts and expenditures of the Authority and shall submit the same to the Government for approval.

(2)  If the Government fails to approve or modify the budget within thirty days of its receipt, the budget as prepared by the Authority shall be deemed to have been approved.

15.  Audit.--(1) The Auditor General of Pakistan shall audit the annual accounts of the Authority.

(2)  In addition to the audit in terms of sub-section (1), the Authority shall appoint or hire services of a chartered accountant or a firm of chartered accountants for purposes of annual audit of its accounts.

(3)  The Managing Director shall, within six months of the close of a financial year, submit the annual statement of accounts along with the report of the auditor to the Authority.

16.  Causing damage to property and disobedience of orders.--(1) A person who willfully causes damage or allows damage to be caused to any property which vests in or is possessed by the Authority, or which is intended to be acquired by the Authority, or unlawfully converts it to his own or any other person’s use, shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

(2)  A person who, without lawful excuse, fails or refuses to comply with any direction or order issued by the Authority under this Act, shall be guilty of an offense punishable under this section.

17.  Penalty for contravention.--If a person contravenes any provision of this Act or any rule or regulation, he shall, if no other penalty is provided under the Act, be punishable with imprisonment for a term which may extend to three years or with fine or with both.

18.  Administrative penalties.--(1) Notwithstanding anything contained in this Act or any other law, a person who, without permission of the Authority, enters into a corridor or in any manner interferes or obstructs any corridor, masstransit vehicle or ancillary facility, or travels or attempts to travel on a masstransit vehicle without payment of fare, shall be liable to punishment of such fine as may be prescribed by the rules.

(2)  If a person commits an offence under sub-section (1), an officer or agent of the Authority authorized in this behalf may, at the spot, impose the prescribed fine on such person.

(3)  If the person fails to pay or deposit the fine at the spot or in the prescribed manner, the officer authorized by the Authority may submit a complaint against such person in the Court and such person shall be deemed to have committed an offence under Section 17 of the Act.

19.  Procedure relating to offences.--(1) An offence under this Act shall be non-cognizable and a Court shall not assume jurisdiction for the offence unless an officer authorized by the Authority submits a complaint to the Court.

(2)  No Court other than the Magistrate of first class shall try an offence under this Act.

(3)  The Court shall try an offence under this Act in a summary manner in terms of Chapter XXII of the Code of Criminal Procedure, 1898 (V of 1898) but notwithstanding anything contained in the Code, the Court may impose a punishment of imprisonment for a term not exceeding six months or fine not exceeding one hundred thousand rupees or both.

(4)  The Authority or an officer authorized by the Authority may compound of an offence under this Act subject to the payment of the prescribed compensation.

(5)  The fine or compensation recovered from a person under this Act shall form part of the Fund.

20.  Recovery of amounts due.--Any fine, compensation or other amount payable to the Authority may be recovered by an officer authorized by the Authority as arrears of land revenue and such officer shall be deemed to be a Collector for purposes of recovery of fine, compensation or other amount.

21.  Public servants.--The Chairperson, Vice Chairperson, members, Managing Director, Secretary, officers, servants, experts and consultants of the Authority shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).

22.  Immunity.--No suit, prosecution or any other legal proceedings shall lie against the Authority, the Chairperson, Vice Chairperson, the Managing Director, any member, officer, servant, agent, expert or consultant of the Authority, in respect of anything done or intended to be done in good faith under this Act.

23.  Act to prevail over other laws.--In the event of any conflict or inconsistency between a provision of this Act and a provision of any other law, the provisions of this Act shall, to the extent of such conflict or inconsistency, prevail.

24.  Restriction on execution against property.--No property of the Government, the Authority or any service provider which is deployed in the MTS shall be liable to be taken in execution of any decree or order of any court or of any local authority or person having by law the power to attach or otherwise to cause the property to be taken in execution without the previous sanction of the Authority.


25.  Rules.--The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Act.

26.  Regulations.--(1) Subject to this Act and the rules, the Authority may frame regulations for giving effect to the provisions of the Act.

(2)  Without prejudice to the foregoing powers, such regulations may provide for appointment of its officers, staff, employees and other persons, terms and conditions of their service and performance of functions by the Authority.

27.  Removal of difficulties.--If any difficulty arises in giving effect to the provisions of this Act, the Government may, by notification, not inconsistent with the provisions of this Act, remove the difficulty.

28.  Repeal and saving.--(1) The Punjab Metrobus Authority Act, 2012 (LVI of 2012) is hereby repealed.

(2)  Notwithstanding the repeal of the Punjab Metrobus Authority Act, 2012 (LVI of 2012), anything done or action taken under the repealed Act, shall have the effect as if the thing is done or action taken under the Act.

(3)  The Authority shall be successor in interest of the Punjab Metrobus Authority established under the Punjab Metrobus Authority Act, 2012 (LVI of 2012) and all assets, liabilities, employees, agents and service providers of the Punjab Metrobus Authority shall stand transferred to the Authority.

29.  Repeal.--The Punjab Masstransit Authority Ordinance, 2015 (XIII of 2015) is hereby repealed.

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ACT XXXIV OF 2015

GHAZI UNIVERSITY, DERA GHAZI KHAN (AMENDMENT) ACT, 2015

An Act further to amend the Ghazi University, Dera Ghazi Khan Act, 2012

[Gazette of Punjab, Extraordinary, 26th June, 2015]

No. PAP/Legis-2(77)/2015/1257. The Ghazi University, Dera Ghazi Khan (Amendment) Bill 2015, having been passed by the Provincial Assembly of the Punjab on June 24, 2015, and assented to by the Governor of the Punjab on June 26, 2015, is hereby published as an Act of the Provincial Assembly of the Punjab.

It is expedient further to amend the Ghazi University, Dera Ghazi Khan Act, 2012 (XXIX of 2012) for purposes hereinafter appearing;

Be it enacted by the Provincial Assembly of the Punjab as follows:

1.     Short title and commencement.--(1) This Act may be cited as the Ghazi University, Dera Ghazi Khan (Amendment) Act, 2015.

(2)  It shall come into force at once.

2.     Amendment in Section 11 of Act XXIX of 2012.--In the Ghazi University, Dera Ghazi Khan Act, 2012 (XXIX of 2012), hereinafter referred to as the said Act, in Section 11, for sub-section (1), for the word “woman”, the word “person” shall be substituted.

3.     Amendment in Section 21 of Act XXIX of 2012.--In the said Act, in Section 21, in sub-section (1):

(a)      in clause (iv), after the word “affiliated colleges”, the words “including at least one female Principal” shall be inserted;

(b)      in clause (vi), after the word “lecturer” the words “out of whom at least two shall be women” shall be inserted;

(c)      in clause (vii), after the word “persons”, the words “including at least one woman” shall be inserted; and

(d)      in clause (ix), after the word “experts”, the words “including at least two female experts” shall be inserted.

4.     Amendment in Section 26 of Act XXIX of 2012.--In the said Act, in Section 26, in sub-section (1):

(a)      in clause (d), after the word “one”, the word “female” shall be inserted; and

(b)      in clause (f), after the word “experts”, the words “including at least one female expert” shall be inserted.

5.     Repeal.--The Ghazi University, Dera Ghazi Khan (Amendment) Ordinance. 2015 (XIV of 2015) is hereby repealed.

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