THE AIR UNIVERSITY ORDINANCE, 2002

 

The Air University Ordinance, 2002, is a significant piece of legislation that establishes the Air University, a prominent institution for higher education and research in Pakistan. The Air University primarily focuses on aviation-related programs and offers a range of academic and research activities. 1 Short title and commencement

2 Definitions

3 Establishment and incorporation of the University

4 Purposes, powers and functions of the University

5 Principal teaching facilities, examinations, etc.

6 University to be open to all classes, creeds etc.

7 Patron

8 Chancellor

9 Pro-Chancellor

10 Vice-Chancellor

11 Registrar

12 Director.Academic Affairs

13 Director Examinations

14 Director Finance

15 Director Research and Development

16 Officers of the University

17 Heads of constituent units

18 Authorities

19 Board of Governors

20 Powers and functions of the Board

21 Meetings of the Board

22 Delegation of powers

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23 Executive Committee

24 Academic Council

25 Faculty Board of Studies

26 Selection Board

27 Governing bodies for constituent units

28 Finance and Planning Committee

29 Academic and non-academic employees

30 University Fund

31 Audit and accounts

32 Financing of constituent units

33 Power to make Status

34 Power to make regulations

35 Power to make rules

36 Indemnity

37 Bar of jurisdiction

38 Retirement and re-employment

39 Pension, insurance, gratuity, provident fund and benevolent fund

40 Opportunity to show cause

41 Appeal to, and review by, the Board

42 Commencement of term of office of a member of any body or authority

43 Filling of casual vacancy in any body or authority

44 Filling of vacancy in any body or authority in certain circumstances

45 Cessation of membership of an ex-officio member

46 Proceedings of any body or authority not invalidated by any vacancy

47 Removal of difficulties

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THE AIR UNIVERSITY ORDINANCE, 2002

ORDINANCE NO.CVII OF 2002

[29th October, 2002]

An Ordinance to provide for the establishment of the Air University at Islamabad

WHEREAS it is expedient to provide for the establishment of the Air university at Islamabad

and for matters connected therewith or incidental thereto;

AND WHEREAS the President is satisfied that circumstances exist which render it necessary

to take immediate action;

NOW, THEREFORE, in pursuance of the Proclamation of the fourteenth day of October,

1999, and the Provisional Constitution Order No.1 of 1999, read with the Provisional

Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that

behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate

the following Ordinance:—

1. Short title and commencement.—(1) This Ordinance may be called the Air University

Ordinance, 2002.

(2) It shall come into force at once.

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

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

established under section 24;

(h) “affiliated institutions” means institutions authorized by the Board to

conduct academic programmes approved by the University;

(c) “Authority” means any of the authorities of the University specified in section

18;

(d) “Board” means the Board of Governors of the University constituted under

section 19;

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

(f) “Committee” means the Executive Committee of the University constituted

under section 23;

(g) “constituent units” means the units maintained and administered by the

University;

(h) “Director Academic Affairs” means the Director Academic Affairs

appointed under section 12;

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(i) “Director Examinations” means the Director Examinations appointed under

section 13;

(j) “Director Finance” means the Director Finance appointed under section 14;

(k) “Director Research and Development” means the Director Research and

Development appointed under section I5;

(I) “Head” means the Head of a college or an Institute;

(m) “Institute” means an Institute that is a constituent unit of the University;

(n) “prescribed” means prescribed by regulations;

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

section 9;

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

(q) “regulations, rules and Statutes” means regulations, rules and Statutes made

under this Ordinance ;

(r) “University” means the Air University established under this Ordinance; and

(s) “Vice-Chancellor” means the Vice-Chancellor of the University appointed

under section 10.

3. Establishment and incorporation of the University: There shall be established a

University to be known as the Air University consisting of—(1) There shall be established a —

(i) the Chancellor, the Pro-Chancellor, the Board, the Vice-Chancellor, the

Registrar, the Directors and the Heads;

(ii) the governing bodies of constituent units by whatever names called;

(iii) members of such other councils, committees and administrative bodies as the

Board may establish, from time to time;

(iv) members of the faculties and students of the colleges and Institutes which are

constituent units of the University; and

(v) such other officers and members of the staff as may be specified by the Board,

from time to time.

(2) The University shall be a body corporate having perpetual succession and a common

seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property,

both movable and immovable, and shall by its name sue and be sued.

(3) The University shall have its principal seat at Islamabad.

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(4) All the existing degree colleges and service institutions being managed by the Pakistan

Air Force shall be constituent units of the University and any college or institution being managed by

the Pakistan Air Force which is up-graded in future may become constituent unit of the University, as

the Board may determine.

(5) The University may set up any number of colleges and Institutes as its constituent

units at such places in Pakistan and abroad, as the Board may determine.

4. Purposes, powers and functions of the University.—(1) The purposes of the

University shall be the promotion and dissemination of knowledge and technology and to provide

for instructions, training, research, demonstration and service in such branches of learning as

the Board may determine.

(2) The University shall have power to govern its academic and administrative functions in

order to achieve its objectives.

(3) In particular and without prejudice to the generality of the foregoing powers, the

following shall be the powers and functions of the University, namely—

(a) to determine courses of study in the existing and other disciplines as may be

added at all levels including Bachelor, Masters and Doctoral Degrees;

(b) to determine courses of study at the undergraduate and graduate levels in its

constituent units where applicable as well as in its affiliated institutions;

(c) to select and examine students;

(d) to award degrees, diplomas, certificates and other academic distinctions;

(e) to pursue and coordinate research and enter into joint ventures, collaborative

projects or contractual arrangements in order to pursue pure and applied

research;

(f) to affiliate itself or collaborate with other local or foreign institutions and

establish faculties in Pakistan or abroad for better discharge of itsfunctions and

responsibilities and for achievement of its goals;

(g) to decide teaching methods and strategies in order to ensure the most

effective educational and research programmes;

(h) to use the financial and other resources allocated, to it for the execution of its

functions;

(i) to confer in the prescribed manner, honorary degrees or other distinctions on

persons approved by the Board for the purpose;

(j) to confer degrees on persons who have carried on independent research

under the prescribed conditions;

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(k) to provide for such instructions for persons not being students of the

University as it may determine, and grant certificates and diplomas to such

persons;

(I) to accept the examinations passed and the periods of study spent, by

students of the University at other Universities and places of learning as

equivalent to such examinations and periods of study in the University as

it may determine, and to withdraw such acceptance;

(m) to institute professorships, associate professorships, assistant professorship;

lecturerships, research associateships and other posts, and to make

appointments thereto;

(n) to create posts for teaching, research, administration and other related

purposes and to appoint persons thereto;

(o) to institute and award fellowships, scholarships, bursaries, medals and prizes

under the prescribed conditions. The University shall extend scholarships to

deserving ten per cent students;

(p) to establish institutes, faculties, libraries, laboratories, workshops,

warehouses, museums and other centers of learning for the development of

teaching and research and make such arrangements for their maintenance,

management and administration as it may deem appropriate;

(q) to make provision for research and advisory services and with these objectives

to enter in arrangements with other institutions or with public bodies within

Pakistan and abroad under the prescribed conditions. The University shall

provide extensive research facilities by utilizing per cent of its budget

allocations;

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

(s) to receive and manage property, transfers and grants, bequests, trusts, gifts,

donations, endowments and other contributions made to it by domestic and

foreign sources and invest any funds representing such property, grants,

bequest, trusts, gifts, donations, endowments or contributions and convert

one kind of property into another, in such manner as it may deem fit;

(t) to provide for the printing, publication, distribution and sale of research and

other works;

(u) to authorise and agree when warranted by the circumstances to the mobility

of qualified staff among Universities, research organizations and the

Government or corporate bodies provided that the rights and privileges of

the staff under this arrangement shall be protected; and

(v) to do all such other acts and things, whether incidental to the powers aforesaid

or not, as may be required in order to further its objectives as a place of

education, learning and research.

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5. Principal teaching facilities, examinations, etc.—(1)The principal teaching facilities

of the University shall consist of the constituent units and such other colleges and Institutes as may

be determined by the Board, from time to time.

(2) Some of the existing colleges and Institutes referred to in sub-section (1) shall continue

to function under their existing administrative and financial arrangements:

Provided that the examinations and other academic activities, including research shall be

subject to co-ordination and supervision by the University.

(3) Academic activities, examinations and syllabi at the colleges and Institutes referred to in

sub-section (1) shall be in conformity with and as prescribed by the University.

(4) The Universitymay, with the approval of the Board, provide facilitiesto the representatives

of the Higher Education Commission and the Pakistan Air Force or such relevant organizations

for visitation to enable them to verify and ensure that appropriate academic standards are being

maintained by it.

6. University to be open to all classes, creeds etc.—The University, except the service

Institutions, shall be open to all persons of either sex of whatever religion,race, class, creed, colour or

domicile who qualify for admission to the courses of study offered by the University based on the

criteria and policy determined by the Board and no such person shall be denied the privileges of the

University only on the ground of sex, religion, race, class, creed, colour or domicile.

7. Patron:—The President of the Islamic Republic of Pakistan shall be the Patron of

the University.

8. Chancellor:—(1) Appointment of the Chancellor shall be made by the Patron in

consultation with Higher Education Commission from a panel recommended by the Pakistan Air

Force.

(2) The Chancellor shall preside over the and meetings at which his presence is desirable in

the light of the business being transacted.

(3) The Chancellor, or in his absence the Pro-Chancellor or the Vice-Chancellor as authorized

by him, shall preside at convocation of the University.

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

the Chancellor.

(5) If the Chancellor is satisfied that the proceedings or orders of any authority are not

in accordance with the provisions of this Ordinance, the Statutes, rules or regulations, he may,

after calling upon such authority to show cause in writing, annul such proceedings or orders.

9. Pro-Chancellor.—(1) The Pro-Chancellor shall be appointed by the Chancellor for such

period and on such terms and conditions as the Chancellor may determine.

(2) The Pro-Chancellor shall act for the Chancellor at any time when the office of the

Chancellor is vacant, or the Chancellor is absent or is unable to perform the functions of his office

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due to any cause. He shall seek approval of the Chancellor on all actions taken by him during the

absence of the Chancellor.

(3) The Pro-Chancellor shall perform such other functions as may be entrusted to him by

the Chancellor.

10. Vice-Chancellor.—(1) The Board shall appoint an educationist of good repute and

experience as Vice-Chancellor, on such terms and conditions, as it may determine.

(2) The Vice-Chancellor shall hold office for a term of four years and shall be eligible for

re- appointment for a similar term or such shorter period and on the same or varied terms and

conditions as the Board may determine.

(3) The Vice-Chancellor shall be the chief executive of the University in all fields of

academics and administration, and shall have overall responsibility for the direction, organization,

administration and programmes of the University in accordance with the guidelines and general

policiesformulated by the Board and for the implementation of the decisions and policies of the Board.

(4) The-Vice Chancellor shall—

(a) ensure the disciplined educational environment visualized for the University;

(b) oversee, monitor and supervise all academic activities, including examinations

and applied research to ensure that proper academic standards are maintained;

(c) exercise administrative control over the academic and administrative staff

employed by the University including their recruitment;

(d) submit the plans of work and budget estimates of the University for the

approval of the Board;

(e) direct the activities connected with execution of programmes for instruction,

training, research, demonstration and service, and authorize expenditure

provided for in the budget as approved by the Board;

(f) make appointments to academic and non-academic positions that he has been

authorized in accordance with the policies and procedures approved by the

Board so as to ensure the highest intellectual and moral qualities in the persons

appointed;

(g) appoint, subject to approval of the Board, on contract, teachers, officers and

staff of the University and such other persons as may be necessary for a

period not exceeding two years;

(h) submit to the Board, in accordance with the rules of procedure framed by it,

reports on the activities of the University and the execution of the plans of

work;

(i) prepare and revise from time to time statutes and regulations with the

approval of the Board for the efficient and effective operations of the

University; and

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(j) provide necessary assistance to the Board in its functioning.

(5) Notwithstanding anything to the contrary contained in this Ordinance, the Statutes, rules

and regulations, the Vice-Chancellor may, in an emergency, take action as deemed necessary

provided that he shall report the same in the next meeting of the concerned authority.

11. Registrar.—(1) The Board may appoint a Registrar, on such terms and conditions, as it

may determine.

(2) The Registrar shall be mainly responsible for the maintenance of University records,

student affairs and administration. He may be entrusted with other responsibilities by the Board, the

Executive Committee or the Vice-Chancellor as considered appropriate or necessary.

12. Director.Academic Affairs.—(1) The Board may appoint a Director Academic

Affairs, on such terms and conditions, as it may determine.

(2) The Director Academic Affairs shall be responsible for assisting the Vice-Chancellor

in implementing the academic policies of the University and coordinating all academic affairs

between the headquarters of the University and its constituent teaching units.

13. Director Examinations.—(1) The Board may appoint a Director Examinations, on such

terms and conditions, as it may determine.

(2) The Director examinations shall be responsible to the Vice-Chancellor for all matters

concerning the conduct of examinations, marking, compilation and publication of results and

maintaining the record thereof.

14. Director Finance.—(1) The Board may appoint a Director Finance, on such terms

and conditions, as it may determine.

(2) The Director of Finance shall be mainly responsible for the proper and judicious

management of the University funds received from various sources, in accordance with the policies

laid by the Board of Governors; Other tasks and duties assigned to him by the Vice-Chancellor

from time to time, shall also become his responsibility.

15. Director Research and Development.—(1) The Board may appoint a Director Research

and Development, on such terms and conditions, as it may determine.

(2) The Director Research and Development shall be responsible for providing guidelines

and coordinating all arrangement for research and development activities in the University and

its constituent units. He shall also perform other duties assigned to him by the Vice-Chancellor.

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

(i) the Chancellor;

(ii) the Pro­Chancellor;

(iii) the Vice­Chancellor;

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(iv) the Registrar;

(v) the Director Academic Affairs;

(vi) the Director Examinations;

(vii) the Director Finance;

(viii) the Director Research and Development;

(ix) Heads of constituent units and Faculties; and

(x) such persons as may be designed as officers by the Board.

17. Heads of constituent units.—(1) There shall be the Heads of constituent units, who

shall be appointed in the manner and on such terms and conditions as may be prescribed.

(2) The Heads of constituent units shall in addition to their positions as academic heads, abide

by the academic rules and requirements of syllabi, conduct of examinations, etc., as may be

prescribed they shall, simultaneously, perform their duties as executive heads of their respective

Institutions.

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

(i) The Board of Governors;

(ii) the Executive Committee;

(iii) the Academic Council;

(iv) the Faculty Board of Studies;

(v) the Selection Board;

(vi) the Finance and Planning Committee;

(vii) the governing bodies of constituent units by whatever name called; and

(viii) such other authorities as may be constituted by the Board.

19. Board of Governors.—(1) The general supervision and control of the affairs of the

University and the powers to lay down the policies shall vest in the Board of Governors.

(2) The Board shall consist of the following, namely:—

(i) the Chief of the Air Staff, who shall be the ex-officio Chairman of the Board;

(ii) one serving or retired judge of Supreme or High Court to be nominated by

the Chief justice of Supreme or High Court as the case may be;

(iii) the Vice-Chief of the Air Staff;

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(iv) the Deputy Chief of the Air Staff (Training);

(v) one Principal Staff Officer or an officer of equivalent rank as approved by the

Chairman of the Board;

(vi) one Vice-Chancellor of a Public University;

(vii) the Vice­Chancellor;

(viii) Chairman Higher Education Commission or his nominee not below the

rank of an officer in Basic Pay Scale 21;

(ix) the Secretary, Ministry of Education, Government of Pakistan or his nominee

not below the rank of an,officers in Basic Pay Scale 20;

(x) the Secretary, Ministry of Science and Technology, Government of

Pakistan or his nominee not below the rank of an officer in Basic Pay Scale

20;

(xi) three nominees from distinguished and eminent scholars or scientists as

nominated by the Chairman of the Board for a period of two years; and

(xii) three nominees from industrial or financial sector as nominated by the

Chairman of the Board for a period of two years.

(3) The Registrar shall act as Secretary of the Board and shall be a non-voting member.

(4) The Chancellor; may, in consultation with the Board, appoint any other person, including

a scientist or edticatiOnlit, as member of the Board.

(5) The existence of a vacancy or defect in the constitution of the Board, shall not invalidate

any act or proceedings of the Board.

(6)The Chair

–

than of the Board may direct any officer, member of faculty or any other person

to be in attendance during all or any of its meetings of the Board.

(7) The Board Shall lay down its own rules of procedure and may amend or modify the

same form time to time.

20. Powers and functions of the Board. Without prejudice to the generality of the

provisions of this Ordinance, the Board shall exercise the powers and perform the following functions,

namely:—

(a) to hold, control and adminisier the Property, funds and resources of the

University and to borrow or raise Money for the purposes of the University

upon such security as may be required;

(b) to formulate or approve the principles, policies and plans governing the

activities and operations of the University so as to ensure that the academic

staff enjoys academic freedom in their reseirch and educational work;

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(c) to prepare or have prepared and revised from time to time rules and

regulations for the efficient and effective operations of the University;

(d) to review and approve the creation of anystanding component of the

University, such as faculties, councils and other administrative bodies

necessary to assist or improve the working of the University.

(e) to approve the plans of work and annual budget of the University

submitted by the Director Finance the budget being based on the budget

prepared and submitted by the constituent or affiliated colleges or institutes;

(f) to require land consider reports submitted by the officers of the University

relating to the activities of the University and the execution of the plans of

work and to direct the Vice- Chancellor to submit reports relating to any matter

specified by the Board.

(g) to create such academic or administrative posts as it may consider

necessary for the purposes of the University and to approve appointments

recommended by the selection board and such of these posts as it may

specify, including the posts of Heads, deans, directors, professors, associate

professors, assistant professors, lecturers and demonstrators;

(h) to approve selection and appointment of all administrative and academic

staff of the University made by the person or body authorised to make the

appointment;

(i) to approve the fixation of scales of pay, allowances and honoraria for

all the staff commensurate with their qualifications and experience, both

academic and administrative, recommended by the governing bodies of

constituent units in order to attract the best talent from within and outside

Pakistan for the University;

(j) to fix the scales of pay, allowances and honoraria of the academic and

non-academic employees deployed in the headquarters of the University;

(k) to undertake responsibility for the financial integrity of the University,

including responsibility for ensuring effectiveness of its future operations and

their continuity and the preservations of the autonomy of the University;

(I) to approve all affiliations and other similar arrangements through which

colleges, institutions or individualsmay become associated with the University

within Pakistan and abroad in accordance with the rules prescribed for the

purpose;

(m) to appoint from amongst its members such committees or sub-committees as

may in the opinion of the Board lead to its more efficient and effective

operation;

(n) to approve the recommendations of the governing bodies of constituent units

submitted to it for the purpose; and

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(o) to take all initiative as it may consider necessary or desirable for the

efficient and effective management and functioning of the University.

21. Meetings of the Board.—(1) The Board shall meet at least once during a year for a

regular or scheduled meeting and may meet at any other time at which the Chairman of the Board

thereof may call a special meeting.

(2) Not less than ten clear days’ notice of a special meeting shall be given to the members of

the Board and the agenda of the meeting shall be restricted to the matters specified in the agenda

to be annexed to such notice.

(3) The quorum for a Meeting of the Board shall not be less than fifty percent of its members.

22. Delegation of powers.—The Board may, by order in writing, direct that any of its powers

and functions, shall, in such circumstances and under such conditions, if any, as may be specified in

the order, be exercisable also by a committee, sub-committee or the Vice-Chancellor.

23. Executive Committee.—(1) There shall be a committee to be known as the

ExecutiveCommittee which shall comprise the following, namely:—

(i) the Vice-Chancellor, who shall be the Chairman of the Executive Committee;

(ii) the Deputy Chief of the Air Staff (Training);

(iii) a nominee of the Chairman of the Board;

(iv) a nominee of the Higher Education Commission not below the rank of a

whole­time member;

(v) a nominee of the Ministry of Education, Government of Pakistan, not below

the rank of an officer in Basic Pay Scale 19;

(vi) a nominee of the Pakistan Air Force Directorate of Education;

(vii) Heads of the constituent units whose presence is essential in the light of the

agenda; and

(viii) the Registrar, who shall also serve as Secretary of the Committee.

 

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