THE RAWALPINDI MEDICAL UNIVERSITY ACT 2017

(Act XVI of 2017)

[28 September 2017]

 

An Act to provide for the establishment of Rawalpindi Medical University.

It is necessary to reconstitute and upgrade Rawalpindi Medical College Rawalpindi as a University for purposes of imparting better medical education, encouraging and arranging extensive research and publications in the field of medical sciences, holding examinations and awarding medical degrees and for 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 Rawalpindi Medical University Act 2017.

(2)      It shall come into force at once.

2.       Definitions.– In the Act:

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

(b)   “Act” means the Rawalpindi Medical University Act 2017;

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

(d)   “chairperson” means the head of a department, principal of a constituent college or director of an institute;

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

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

(g)   “constituent college” means a college administered and maintained 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 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)  “hospital” means the hospital notified by the Government to be a constituent hospital of the University for teaching purposes;

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

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

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

(q)   “Professor Emeritus” means a retired professor working in a faculty on honorary basis;

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

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

(t)    “statutes”, “regulations” and “rules” respectively mean the statutes, regulations and rules made under the Act;

(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 Rawalpindi Medical University; and

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

 

CHAPTER II

THE UNIVERSITY

3.       Establishment and incorporation.–

(1)   The Government shall, by notification, re-constitute Rawalpindi Medical College as Rawalpindi Medical University.

(2)  The University shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and shall, by the aforesaid name, sue and be sued.

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

(4)  The University shall consist of the following-

(a)  Chancellor;

(b)  Pro-Chancellor;

(c)  Vice Chancellor;

(d)  Pro-Vice Chancellor;

(e)  members of the Syndicate, the Academic Council and all other Authorities;

(f)   Chairpersons and Deans;

(g)  teachers and students of the University; and

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

(5)  Consequent upon the notification issued under subsection (1), all properties, rights and interests of whatever kind, used, enjoyed, possessed, owned or vested in or held in trust by or for the Rawalpindi Medical College Rawalpindi and all liabilities legally subsisting against that College shall stand transferred to the University.

(6)  All employees of the Government serving in Rawalpindi Medical College Rawalpindi immediately before the commencement of the Act shall be considered on deputation with the University.

(7)  Subject to the criteria notified by the University, an employee of the Government on deputation with the University may, within three hundred and sixty five days from the commencement of the Act, opt for absorption in the service of the University on such terms and conditions and in such manner as may be prescribed.

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

(a)   provide for education relating to medicine, surgery and such other related branches of knowledge as it may deem fit, and make provisions for research, advancement and dissemination of knowledge in such manner as it may determine;

(b)   establish, maintain and administer a department, constituent college or an institute;

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

(d)   prescribe courses of studies;

(e)   decide teaching methods and strategies in order to ensure the most effective educational and training programmes;

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

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

(h)   engage, where necessary, a person on contract for a specified duration and to specify the terms of the engagement;

(i)     provide career counseling and job search services to the students and alumni;

(j)    maintain linkages with alumni;

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

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

(m)  institute Professorship, Associate Professorship, Assistant Professorship and Lectureship or any other post and may appoint a person on the post;

(n)   create a post for research, extension, administration or other related purposes and appoint a person to the post in the prescribed manner;

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

(p)   provide for the residence to the students, establish and maintain halls of residence and may approve or license a hostel, lodging or boarding place;

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

(r)    promote extracurricular and recreational activities for the students and make arrangements for promoting health and general welfare of the students;

(s)    demand and receive such fees and other charges as it may determine; and

(t)    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 provisions 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)     receive and manage property, grants and contributions made to the University and invest any fund in such manner as may be prescribed;

(g)     print and publish research or work;

(h)     establish teaching departments, schools, colleges, faculties, institutes, museums and centers of excellence including area study center and other centers of learning for the development of teaching and research and to make arrangements for their maintenance, management and administration; and

(i)      exercise any power ancillary to the above powers as may be prescribed.

5.       Access to the University.– Subject to such reasonable restrictions as may be prescribed, the University shall be open to all persons of either sex and of whatever race, creed, religion, class or colour and no person shall be denied the privileges of the University on any such grounds.

6.       Increase in fee.– The University shall not, without approval of the Chancellor, increase any fee or charge in excess of ten per cent per annum.

7.       Jurisdiction.– The University shall exercise the powers conferred on it by or under the Act in respect of its teaching jurisdiction over hospitals, schools or institutes attached to it.

 

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)      Registrar;

(h)      Treasurer;

(i)       Controller of Examinations;

(j)       Librarian;

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

(3)  The University may, subject to prior approval of the Chancellor, confer an honorary degree.

(4)  Subject to the Act, the Chancellor may approve the draft statutes submitted by the Syndicate or refer the statutes back to the Syndicate for reconsideration.

(5)  In the performance of functions under the Act, the Chancellor shall act and shall be bound in the same manner as the Governor of a Province acts and is bound under clause (1) of 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, recommend any remedial action to the Syndicate.

(3)  The Syndicate shall, within the time specified by the Chancellor, submit a report to the Chancellor about the action taken on the recommendation 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 Health of the Government shall be the Pro-Chancellor of the University.

(2)  The Pro-Chancellor shall perform functions under the Act and exercise powers of the Chancellor, except the powers under section 10, as may be prescribed or assigned to the Pro-Chancellor 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 Vice Chancellor may apply for the post.

(2)  The Government, by notification published in the official Gazette, shall determine 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 the search or 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 order of merit, 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 a 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 such temporary arrangements for  the performance of the duties of the Vice Chancellor as he may deem fit.

(10)  The Pro-Vice Chancellor or any other person acting as Vice Chancellor under subsection (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 that period, ensure appointment of the Vice Chancellor under this section.

13.        Powers of the Vice Chancellor.–

(1)    Subject to the Act, the Vice Chancellor shall be the chief executive officer of the University and shall ensure that the provisions of the Act, statutes, regulations and rules are faithfully observed.

(2)   The Vice Chancellor may attend a meeting of any 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 within the competence of any Authority.

(4)   The Vice Chancellor shall, within seven days of taking an action under subsection (3), submit a report of the action taken to the Pro-Chancellor and to the members of the Syndicate and the Syndicate shall, within forty five days of such an action of the Vice Chancellor, pass such order as the Syndicate deems 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 an 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 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 end 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) The Pro-Vice Chancellor shall perform such functions as may be assigned to him under the Act, statute or regulations.

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

15.     Registrar .–

      (1) The Syndicate shall, on the recommendation of the Vice Chancellor, appoint a Registrar in such manner and on such terms and conditions as may be prescribed.

(2)  The Syndicate shall not appoint a person as Registrar unless he possesses the prescribed qualifications and minimum five years’ experience of administration.

     (3) The Registrar shall be a full-time officer of the University and shall:

(a)  be the administrative head of the secretariat of the University and be responsible for the provision of 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 assigned to him by the Syndicate.

     (4) The Registrar shall hold office for a term of three years.

16.     Treasurer.–

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

(2)  The Syndicate shall not appoint a person as Treasurer unless he possesses the prescribed professional qualifications and experience in the field of accounts or finance.

(3)  The Treasurer shall be the chief financial officer of the University and shall:

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

(b)   prepare 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 may be prescribed or assigned to him by the Syndicate.

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

17.     Controller of Examinations.–

 (1) The Syndicate shall, on the recommendation of the Vice Chancellor, appoint a Controller of Examinations in such manner and on such terms and conditions as may be prescribed.

(2) The Syndicate 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 full-time officer 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 Syndicate.

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

18.     Internal auditor.– The Syndicate shall appoint an internal auditor in the prescribed manner on such terms and conditions as it may determine.

19.     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.

 


[1]This Act was passed by the Punjab Assembly on 20 September 2017; assented to by the Governor of the Punjab on 27 September 2017; and, was published in the Punjab Gazette (Extraordinary), dated 28 September 2017, pages 1607-20.

Chapter V

Statutes, RegulationS and Rules

33.     Statutes.– (1) Subject to the provisions of the Act, the Syndicate may make statutes or recommend statutes relating to the matters specified in clauses (a) and (b) of subsection (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 of such Authorities and related matters;

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

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

(f)       conditions for appointment of Professors Emeritus;

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

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

(i)       award of an honorary degree;

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

(k)      conduct of elections for membership of Authorities and related matters; and

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

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

 

34.     Regulations.–

(1)      Subject to the provisions of the Act and the statutes, the Syndicate may, on the recommendation of the Academic Council, frame regulations in respect of all or any of the following matters:-

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

(b)      manner and method of teaching conducted in the University;

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

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

(e)      conduct of examinations;

(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 and approval of hostels and lodgings for students;

(h)      conditions for acquiring research degrees;

(i)       institution of fellowships, scholarships, medals and prizes;

(j)       institution of stipends and free and half-free studentships;

(k)      academic costumes;

(l)       use of the library;

(m)     formation of teaching departments and Boards of Studies; and

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

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

 

35.     Rules.–

(1)      An Authority or a body of the University may make rules consistent with the 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

FINANCIAL PROVISIONS

 

36.     University Fund.– (1) There shall be a Fund to be known as Rawalpindi Medical University Fund which shall vest in the University and to which shall be credited all sums including endowment fund received by the University.

     (2) The University may accept donation in the shape of land, vehicle, equipment or any other items or fund 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.

 

37.     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 may 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.

 

 

 

Chapter VII

Miscellaneous

 

38.     Appeal to Syndicate.– (1) Where no provision for appeal in respect of an order passed by an Authority, body or officer of the University, other than the Chancellor, exists in the statutes or the regulations, the aggrieved person may prefer an appeal against that 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 also the member of the Authority or the officer who passed the order such member of the Authority or the officer shall not hear the appeal as member of the Syndicate or committee constituted by it to hear and dispose of the appeal.

 

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

 

40.     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 the Act.

 

41.     Repeal.– The Rawalpindi Medical University Ordinance 2017 (V of 2017) is hereby repealed.

 

 

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