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THE BAHRIA UNIVERSITY ORDINANCE 2000

THE BAHRIA UNIVERSITY ORDINANCE 2000

THE BAHRIA UNIVERSITY ORDINANCE 2000

 

The Bahria University Ordinance of 2000 is a significant piece of legislation in Pakistan that establishes and governs Bahria University, a multi-campus institution that offers higher education in various disciplines, including maritime studies, management sciences, and engineering. This ordinance outlines the university’s objectives, structure, functions, and administration, providing the legal framework for its operation and management

  1. Short title and commencement
  2. Definitions
  3. Establishment and incorporation of the University
  4. Purposes, powers and functions of the University
  5. University open to all classes, creeds etc
  6. Officers of the University
  7. Chancellor
  8. Pro-Chancellor
  9. Rector
  10. Registrar
  11. Director of Examinations and academic affairs
  12. Director Finance
  13. Director (Research and Development)
  14. Heads of Constituent Units
  15. Authorities
  16. Board of Governors
  17. Meetings of the Board etc

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  1. Executive Committee
  2. Academic Council
  3. Faculty Board of Studies
  4. Selection Board
  5. Governing Bodies for Constituent Units
  6. Finance and Planning Committee
  7. Academic and non-academic employees
  8. Statutes
  9. Regulations
  10. Rules
  11. University funds, audit and accounts
  12. Indemnity and bar of jurisdiction
  13. Retirement and reemployment
  14. Pension, insurance, gratuity, provident fund and benevolent fund
  15. Opportunity to show cause
  16. Appeal to, and review by, the Board
  17. Commencement of term of office of members of authorities
  18. Filling of casual vacancies in authorities
  19. Filling of vacancies in authorities in certain circumstances
  20. Disputes about membership of authorities etc
  21. Proceedings of authorities not invalidated by vacancies
  22. Interpretation
  23. Removal of difficulties

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THE BAHRIA UNIVERSITY ORDINANCE 2000

ORDINANCE NO. V OF 2000

[7th February, 2000]

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

WHEREAS it is expedient to provide for the establishment of Bahria University at Islamabad

and to provide for the matters connected therewith or incidental thereto;

AND WHEREAS the National Assembly and the Senate stand suspended in pursuance of the

Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution

Order No. 1 as amended;

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

to take immediate action;

NOW, THEREFORE, in pursuance of Proclamation of the fourteenth day of October, 1999,

and Provisional Constitution Order No. l of 1999, as amended, as well as 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 Bahria University

Ordinance, 2000.

(2) It shall come into force at once.

  1. Definitions:

___ In this Ordinance, unless there is anything repugnant in the subject or

context,—

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

constituted under section 19;

(b) “affiliated institution” means an educational institution authorised by the Board

to conduct academic programmes approved by the University;

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

15;

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

section 16;

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

(f) “Constituent Units” means the Bahria Institutes of Management and Computer

Sciences at Islamabad and Karachi, the Pakistan Naval Academy, Manora,

Karachi, the Pakistan Navy War College, Lahore, the institute of Professional

Psychology, Karachi, the Bahria Colleges at Islamabad and Karachi the faculty

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of Earth and Environmental Sciences and includes any other faculty or college

instituted by the Board or any other unit established by, or on the authority of,

the Board;

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

under section 18;

(h) “head” means the head of a college or institution under the University by

whatever name or designation;

(i) “institute” means a teaching unit of the University;

(j) “prescribed” means prescribed by Regulations, Rules or Statutes;

(k) “Pro-Chancellor” means the Pro-Chancellor appointed under section 8;

(l) “Rector” means the Rector of the University appointed under section 9;

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

(n) “Regulations, Rules and Statutes” means Regulations, Rules and Statutes made

or deemed to have been made under this Ordinance; and

(o) “University” means the Bahria University established under this Ordinance.

  1. Establishment and incorporation of the University:

___(1) There shall be established a

University to be called the Bahria University Islamabad consisting of—

(i) the Chancellor, the Pro-Chancellor, the Rector, the Registrar, the Directors;

(ii) the Governing bodies of the Constituent Units by whatever names called;

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

may establish or authorize from time to time;

(iv) the members of the faculties and students of the colleges and Constituent Units;

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 by the name of the Bahria University Islamabad

having perpetual succession and a common seal, with power, among others, to acquire, hold and

dispose of any property and shall by the said name sue and be sued.

(3) The principal seat of the University shall be at Islamabad, and it may set up any number of

colleges and institutes at such places in Pakistan as the Board may determine.

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  1. 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 instruction,

training, research, demonstration and service in such branches of learning as the Board may deem fit.

(2) The University shall be a fully autonomous body with freedom to govern its academic and

administrative functions in order to achieve its objectives in general and in particular freedom to—

(a) determine courses of study in management sciences, computer sciences,

information and communication technology, professional psychology, naval

sciences, war and strategic studies, earth and environmental sciences and such

other disciplines as it may determine;

(b) determine courses of study at the undergraduate level in its constituent units

where applicable as well as in its affiliated institutions;

(c) select and examine students;

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

(e) pursue and co-ordinate research;

(f) affiliate itself or associate with other institutions and establish faculties in

Pakistan or abroad for better discharge of its functions and responsibilities;

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

educational and research programmes;

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

functions;

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

persons approved by the Board for the purpose;

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

prescribed conditions;

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

it may determine and grant certificates and diplomas to such persons;

(l) accept the examinations passed, and the periods of study spent, by students of

the University at other universities and places of learning as equivalent lo such

examinations and periods of study in the University as it may determine, and to

withdraw such acceptance;

(m) institute professorships, associate professorships, assistant professorships,

lectureships, research associateships and other posts, and to make appointments

thereto;

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

and to appoint persons thereto;

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

under prescribed conditions;

(p) establish institutes, faculties, libraries, laboratories, workshops, museums and

other centres of learning for the development of teaching and research and make

such arrangements for their maintenance, management and administration as it

may determine;

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

enter into arrangements with other institutions or with public bodies within

Pakistan and abroad under prescribed conditions;

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

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

donations, endowments and other contributions made to it and invest any funds

representing such property, grants, bequests, trusts, gifts, donations,

endowments or contributions and convert one kind of property into another, in

such manner as it may deem fit;

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

(u) 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) 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.

(3) The principal teaching facilities of the University shall be in the Constituent Units and such

other colleges and institutes as may be determined by the Board from time to time.

(4) Academic activities, examinations and syllabi at the colleges and institutes referred to in

sub-section (3) shall be in conformity with such conditions as the University may prescribe.

(5) The University may, with the approval of the Board, provide facilities to the representatives

of the University Grants Commission and the Pakistan Navy or such relevant organizations for

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

by it.

  1. University open to all classes, creeds etc:

___The University shall be open to all persons of

either sex without prejudice of religion race, class, creed, colour or domicile who qualify for admission

for the courses of study offered by it based on the criteria and policy determined by the Board, and no

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such person shall be denied the privileges of the University on the ground of sex, religion, race, class,

creed, colour or domicile.

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

(a) the Chancellor;

(b) the Pro-Chancellor;

(c) the Rector;

(d) the Registrar;

(e) the Director of Examinations and Academic Affairs;

(f) the Director Finance;

(g) the Director of Research and Development;

(h) Heads of Constituent Units and Faculties; and

(i) such other persons as may be prescribed to be officers by the Board.

  1. Chancellor:

___(1) The President of the Islamic Republic of Pakistan shall be the Chancellor

of the University.-

(2) The Chancellor shall preside over the convocations of the University and meetings at which

his presence is desirable in the light of the business being transacted.

(3) In the absence of the Chancellor, the Pro-Chancellor or the Rector 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, regulations or the rules, he may, after

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

  1. Pro-Chancellor:

___(1) The Chancellor shall appoint an educationist of repute as Pro

Chancellor for such period and on such terms and conditions as he 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 due

to any cause.

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

Chancellor.

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  1. Rector:

___(1) The Board shall appoint an educationist of good repute and experience as

Rector to ensure the disciplined educational environment visualized for the University.

(2) The Rector shall hold office for a term of three years and shall be eligible for reappointment

for a similar term or such shorter period on such terms and conditions as the Board may determine.

(3) The Rector 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 policies formulated by

the Board and for the implementation of the decisions and policies of the Board and shall, without

prejudice to the provisions of section 4,—

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

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

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

employed by the University including their recruitment;

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

of the Board;

(d) 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;

(e) 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;

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

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

for a period not exceeding two years;

(g) 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

works;

(h) 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

(k) provide necessary assistance to the Board in its functioning

  1. Registrar:

___ The Registrar shall be mainly responsible for the maintenance of University

records, student affairs and administration and in addition, he may be entrusted With other

responsibilities by the Board of Governors, the Executive Committee or the Rector as considered

appropriate and necessary.

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  1. Director of examinations and academic affairs:

___There shall be a Director examinations

and academic affairs who shall deal with all matters concerning examinations and coordination with

constituent and affiliated institutions and shall be responsible for policy making, coordinating and

overseeing all activities relating to academics, research and development.

  1. Director Finance:

___ The Director 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.

  1. Director (Research and Development):

___There shall be a Director (Research and

Development) who shall be responsible for providing guidelines and coordinating all arrangements for

research and development activities in the University and its Constituent Units. He shall also perform

such other duties as may be assigned to him by the Rector.

  1. Heads of Constituent Units:

___ The Heads of Constituent Units shall be appointed in the

manner and on the terms and conditions prescribed who shall, in addition to their positions as academic

heads, abide by the academic rules and requirements of syllabi, conduct of examinations etc; prescribed

by the University and perform their duties as executive heads of their respective institutions.

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

(a) the Board of Governors;

(b) the Executive Committee;

(c) the Academic Council;

(d) the faculty Board of Studies;

(e) the Selection Board;

(f) the Finance and Planning Committee;

(g) governing bodies of Constituent Units by whatever name called; and

(h) such other authorities as may be prescribed.

  1. 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 consisting

of—

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

(ii) the Deputy Chief of Naval Staff (Training and Personnel);

(iii) Principal staff officers or administrative authorities as approved by the

Chairman of the Board;

(iv) the Rector;

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(v) Chairman, University Grants Commission, or his nominee not below the rank

of a whole-time member;

(vi) Secretary, Ministry of Education, Government of Pakistan, or his nominee not

below the rank of Joint Secretary;

(vii) Secretary, Ministry of Finance, Government of Pakistan, or his nominee not

below the rank of Joint Secretary;

(viii) Secretary, Ministry of Science and Technology, Government of Pakistan, or his

nominee not below the rank of Joint Secretary;

(ix) Vice Chancellor or Rector of a recognized Pakistani University nominated by

the Chancellor for a period of two years;

(x) Director Naval Educational Services, NHQ Islamabad;

(xi) the Heads of Constituent Units;

(xii) two nominees from the industrial or financial sector nominated by the Board of

Governors for a period of two years;

(xiii) two renowned educationists as approved by the Chairman of the Board; and

(xiv) Deans Faculty of Arts and Sciences of the Bahria Institutes.

(2) Registrar will be the member and shall act as Secretary of the Board but shall not be entitled

to vote.

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

scientist or educationist, as members of the Board.

(4) The Board may direct any officer, member of faculty or any other person to be in attendance

during all or any of its meetings.

(5) Without prejudice to the generality of sub-section (1), the Board shall exercise the powers

and perform the functions hereinafter specified, namely:—

(a) to hold, control and administer 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 research and educational work;

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

for the efficient and effective operation of the University;

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(d) to review and approve the creation of any standing component of the University,

such as faculties, and 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 which shall include the budgets of constituent institutions

and colleges;

(f) to require and 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 Rector 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 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 fix scales of pay, allowances and honoraria for all the staff, both academic

and administrative recommended by the governing bodies of Constituent Units

commensurate with their qualifications and experience, 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 nonacademic 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 preservation of the autonomy of the University;

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

colleges, institutions or individuals may become associated with the University

within Pakistan and abroad;

(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; and

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

submitted to it for the purpose and to take all such initiatives as it may consider

necessary or desirable for the efficient and effective management and

functioning of the University.

(6) The Board shall lay down its own rules of procedure.

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(7) The Board may delegate all or any of its powers and functions to a committee, subcommittee, the Rector or any other officer.

  1. Meetings of the Board etc:

___ (1) The Board shall meet at least twice during a year for

regular or scheduled meetings and may meet at any other time at which a special meeting thereof may

be called by the Chairman of the Board.

(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 per cent of its members.

  1. Executive Committee:

___(1) The Executive Committee shall comprise the following,

namely:—

(i) the Rector, who shall be the Chairman of the Executive Committee;

(ii) a nominee of the Board of Governors;

(iii) a nominee of the University Grants Commission not below the rank of a B-20

officer;

(iv) a nominee of the Ministry of Education not below the rank of a B-19 officer;

(v) a nominee of the Directorate of Naval Educational Services;

(vi) heads of the Constituent Units whose presence is essential in the light of the

agenda; and

(vii) the Registrar who shall act as Secretary of the Committee.

(2) The Executive Committee shall deliberate on various aspects related to the functioning of

the University and recommend specific measures to the Board for approval and shall in particular,—

(a) delineate priorities for research;

(b) recommend allocation of training and research funds to the Colleges and

Institutes;

(c) guide and direct the Academic Council and the Faculty Board of Studies of each

college and institute on all matters relating to academics, including syllabi and

duration of various courses;

(d) recommend disciplines for all academic studies in the colleges and institutes

and help in creation of necessary infrastructure for the same;

(e) help induct highly competent scientific and technical talent into the faculty of

each constituent unit to enhance the quality of education

 

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