Health Services Academy (Restructuring) Act, 2018

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THE HEALTH SERVICES ACADEMY (RESTRUCTURING) ACT, 
2018 
 
 
 
 
 
CONTENTS 
____________ 
 
CHAPTER I 
 
PRELIMlNARY 
 
1.  Short title, extent and commencement.  
2.   Definitions. 
CHAPTER II 
 
HEALTH SERVICES ACADEMY 
3.   Incorporation. 
4.   Powers and functions   of the HSA. 
5.   HSA open to all classes, creeds, etc.  
6.   Teaching. 
CHAPTER Ill 
 
OFFICERS OF THE HSA 
7.   Principal officers. 
8.   Chancellor.  
9.   Pro-Chancellor. 
10.   Removal   from the Senate.  
11.   Vice-Chancellor. 
12.   Appointment and removal of the Vice-Chancellor. 
13.   Rector. 
14.   Registrar. 
15.   Treasurer. 
 

 
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16.   Controller of Examinations.  
CHAPTER  IV 
 
AUTHORITIES OF THE HSA 
 
17.   Authorities.  
18.   Senate. 
19.   Powers and functions of the Senate. 
20    Visitation. 
21.   Syndicate. 
22.   Powers and duties of the Syndicate. 
23.   Academic Council. 
24.   Powers   and    functions   of the Academic Council. 
25.   Representation Committees. 
26.    Appointment of committees by certain Authorities. 
CHAPTER  V 
 
STATUTES, REGULATIONS  AND RULES 
27.   Statutes. 
28.   Regulations. 
29.   Rules. 
CHAPTER VI 
 
HAS FUND 
30.   HSA Fund. 
31.   Audit and accounts. 
CHAPTER  VII 
 
GENERAL PROVISIONS 
32.   Opportunity to show cause. 
33.   Appeal to the Syndicate and the Senate.  
34.   Transfer of officers, teachers and other employees to the HSA.  
35.   Benefits and insurance. 
36.   Commencement of term of office of members of Authority.  
37.   Filling of casual vacancies in Authorities. 
38.   Flaws in the constitution of Authorities. 
39.   Proceedings of Authorities not invalidated by existence of vacancies. 
40.   First statutes and regulations. 
41.   Repeal   and   savings.  
 
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42.   Transitory provisions. 
43.    Removal of difficulties.  
44.   Indemnity. 
45.   Power to allow appointment of employees of the Government, other universities or 
educational   or research institutions to the HSA. 
 
 
 
 
 
 
  
 
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THE HEALTH SERVICES ACADEMY (RESTRUCTURING) ACT, 2018 
 
ACT NO. XXIV OF 2018 
[18th May, 2018] 
 
An Act to provide for restructuring of health services academy as a degree awarding institute 
 
WHEREAS it is expedient to provide for restructuring of health services academy as a degree 
awarding institute in order to  provide it autonomy while improving governance and management 
thereof so as to enhance quality of higher education  in the country; 
 
It is hereby enacted as follows: — 
 
CHAPTER I 
 
PRELIMlNARY 
 
1.  Short title, extent and commencement.— (1)  This Act may be called the Health Services 
Academy (Restructuring) Act, 2018. 
 
(2)  It extends to the whole of Pakistan.  
 
(3)    It shall come into force at once. 
 
2.  Definitions.— In this Act, unless there is anything repugnant in the subject or context,— 
 
(i) “academic council” means the academic council constituted under this Act: 
 
(ii) “Academy” means the health services academy established    under the Health 
Services Academy Ordinance, 2002 (LXII of 2002); 
 
(iii) “affiliate college”  means  an  educational  institution  affiliated to the  HSA but 
not maintained or administered  by it; 
. 
(iv) “Authority”  means  any of the Authorities  of the  HSA  specified or 
set up under section  17; 
 
(v)   “Chancel or” means the Chancellor of the HSA; 
 
(vi)   “college'  means a constituent  college or ar  affiliated  college; 
 
(vii)    Commission” means the Higher Education Commission  set up under the 
Higher Education Commission  Ordinance, 2002 (LIII of 2002); 
 
(viii)    constituent  college ”  means an educational  institution  by whatever name 
described,  maintained and administered by the HSA;  
 
(ix)   “Dean” means  head of department or head of faculty or head of an academic  
body granted the status of a faculty  by this  Act or by the statutes or     
regulations; 
 
 
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(x)  “department” means  a teaching  department maintained and administered or 
recognized by the HSA in the  prescribed  manner; 
 
(xi)  “director'    means  head  of an  institute established   as  a constituent institution  
by the  HSA  by  statutes  or  regulations   in terms  of the powers conferred by 
this Act; 
 
(xii)  “faculty”  means  an administrative  and  academic   unit of the HAS consisting  
of one or more departments,  as may be prescribed; 
 
(xiii)   “Government” means the Federal  Government; 
 
(xiv)    'Health    Services   Academy or   “HSA”    means   the   Academy restructured  
under this Act as a degree-awarding institute; 
 
(xv)   “HSA  teacher”  means a whole-time  teacher  appointed  and paid by the HSA 
or recognized  by the HSA as such; 
 
(xvi)   “prescribed”  means  prescribed   by  statutes,   regulations   or  rules made 
under this Act;' 
 
(xvii)    “principal”  means head of a college; 
 
(xviii)    “Pro-Chancellor” means the Pro-Chancellor  of the IHSA; 
 
(xix)   “Rector' means the Rector of HSA; 
 
(xx)   “representation  committees ”  means  the  representation  committees 
constituted  under section 25; 
 
(xxi)   “review  panel”  means the review panel set up by the Chancellor in accordance  
with the provisions of sub-section  (5) of section 8; 
 
(xxii)   “search  committee”  means  the  search committee   set  up  by  the Senate under 
section  I2; 
 
(xxiii)   “Senate”  means the Senate of the HSA; 
 
(xxiv) “statutes”,  “regulations” and “rules”  mean respectively the statutes,  the 
regulations and the rules made under this Act;  
 
(xxv)   “Syndicate” means the Syndicate of the HSA; 
 
(xxvi) “teachers”   include  professors,  associa te  professors assistant professors  and  
lecturers engaged  whole-time  by the  HSA or  by a constituent  or affiliated  
college  and  such other  persons  as may be declared  by regulations  to be 
teachers; and 
 
(xxvii)   “Vice-Chancellor” means the Vice-Chancellor of the HSA. 
 
CHAPTER II 
 
 
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HEALTH SERVICES ACADEMY 
 
3.  Incorporation.— (1)  The  health   services   academy   established under  the  Health  
Services  Academy  Ordinance,  2002  (LXII  of 2002)  stands restructured,  to be called  as the  Health 
Services  Academy, as degree  awarding institute in accordance  with the provisions of this Act. 
 
(2)  The HSA shall consist of the following, namely:— 
 
(a) the Chancellor,  Pro -Chancellor,  the mem bers of the Senate  and the  Vice-
Chancellor; 
 
(b)      the   members   of the  Authorities   of the  HSA  established  under section    7; 
 
(c) all HSA  teachers  and   persons    recognized  as   students   of  the HSA  in  
accordance with  the terms as may be  prescribed from  to time; and 
 
(d)     all other full-time officers and members of staff of the HSA. 
 
(3)  The HSA  shall be  a body  corporate having  perpetual succession and a common seal and 
it may sue and be sued by the said name. 
 
(4)  The HSA  shall  be competent to acquire and  hold  property.  both movable and  immovable 
and to lease,  sell or otherwise transfer any movable and immovable property which  may have become 
vested  in  or been acquired by it. 
 
(5)  Notwithstanding anything contained in any  other law for the time being in  force. the  ISA    
shall  have  academic,  financial  and  administrative  autonomy,  including he power  to employ  
officers, teachers and other employees on  such terms as  may be  prescribed,  subject to  the  terms of 
this Act  and  the Higher  Education Commission  Ordinance,  2002  (LI I of 2002).    In  part icular, 
and  without  prejudice to  the  authority granted  to  the  Commission by law,  the Government or an 
authority or auditor appointed by the  Government  shall  have no power  to question the policy  
underlying the allocation of resources approved by the Senate  in the annual budget  of the HSA. 
 
(6)  All properties, rights and interests of whatever kind, used, enjoyed. possessed, owned    or   
vested    in   or   held   in    trust   by   Academy   before commencement of his Act and liabilities 
legally subsisting before such commencement against Academy stand passed   to the HSA restructured 
under this Act. 
 
4.  Powers and functions    of the HSA. — The  HSA shall  have  the  following powers, 
namely:— 
 
(i)  to  provide   for  instruction  and  training   in  health   including animal 
sciences technology and other allied disciplines  in such manner as it 
considers appropriate so as to produce competent,  imaginative, skilled 
and committed health professionals, doctors, scientists  and experts; 
 
(ii)   to  undertake joint  investigation  and  collaborative  research   in the 
field  of health  sciences,   biomedical  technology  and  other   allied 
disciplines: 
 
 
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(iii)    to  provide  assistance to  health and  allied  professions,  institutions and 
organizations in Pakistan and abroad through expert advice, 
consultations,  institutional  consultancies and  in  any  other  manner as 
it may deem fit; 
 
(iv)    to  promote,    contact   and   establish   linkages    with  national   and 
international  institutions  and  other  academic,  research   and 
development organization is in Pakistan and abroad  for effective 
discharge of its  functions and responsibilities; 
 
(v)    to pursue  and make provisions  for researc h,  innovations, inventions, 
demonstrations and other services as it may deem  fit; 
 
(vi)   to print , publish and circulate  periodicals, journals, magazines and 
books and disseminate scientific, technological and other related 
knowledge  and  information  conducive to the  attainment of any of the 
objectives of the  HSA; 
 
(vii)    to   prescribe  courses    of studies   in  health   sciences,   biomedical 
technology  and  other  allied d isciplines  and  to  decide   teaching  
methods   and   strategies   in   order   to  ensure   the   most   effective  
educational and training  programmes; 
 
(viii)    to  es tablish field  demonstration  areas,  laboratories,  museums and 
other  facilities  for training,  education and research; 
 
(ix)   to affiliate or associate itself with  other institutions  and to establish 
faculties   in   Pakistan   or   abroad   for   e ffective  discharge  of its 
functions; 
 
(x)  to  enter  into  agreements,  contracts  and  arrangements with 
organizations,  institutions, bodies  and  individuals  for  the  purpose of 
carrying out its functions  and activities; 
 
(xi)   to provide   for  education  and   scholarship  in  such   branches   of 
knowledge as it may deem  fit and  to make  provision for research, 
service to society and for the application, advancement and 
dissemination  of knowledge in such manner as it may determine: 
 
(xii)   to prescribe  courses of studies to be conducted  by it and the colleges;  
 
(xiii)  to hold examinations and  to award  and confer  degrees,  diplomas, 
certificates and other  academic  distinctions to and on persons  who 
have teen admitted  to and have pa ssed  its examinations under 
prescribed conditions; 
 
(xiv)   to   prescribe    the   terms   and   conditions   of employment   of  the 
officer,  teachers  and other employees  of the  HSA and to lay down 
terms  end conditions that may be different  from those  applicable to 
Government  servants  in general; 
 
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(xv)    to   engage,   where   necessary,   persons   on   contract   of  specified 
duration and to specify the terms of each engagement; 
 
(xvi)    to confer  honorary   degrees   or  other   distinctions  on   approved 
persons  in the manner  prescribed; 
 
(xvii)    to prov de for such instruction  for persons  not being students  of the 
HSA as  it may  prescribe  and to grant  certificates  and  diplomas  to 
such persons; 
 
(xviii)   to  institute  programmers for the  exchange of students  and  teachers 
between  the  HSA  and  other  universities,  educational  institutions and 
research   organizations,  inside as well as outside  Pakistan; 
 
(xix)    to provide  career  counseling and job search  services  to  students and 
alumni; 
 
(xx)   to maintain  linkages  with alumni; 
 
(xxi)    to develop and implement  fund-raising plans; 
 
(xxii)  to provide  and support  the academic  development of faculty of the 
HSA; 
 
(xxiii)   to confer under prescribed  conditions  degrees  on persons  who have 
carried  in independent research; 
 
(xxiv)   to affiliate  and disaffiliate educational institutions under  prescribed 
conditions; 
 
(xxv)   to  inspect colleges  and other  educational  institutio ns affiliated   or 
seeking  affiliation with it: 
 
(xxvi)   to accept  the examinations  passed and the  period  of study  spent  by 
students  of the  HSA  at  other  universities  and  places  of learning  
equivalent to such  examinations and periods  of study  in  the  HSA, as 
it may prescribe  and to withdraw such acceptance; 
 
(xxvii) to  co-operate with  other  universities,  public  authorities or  private 
organizations,  inside  as well as outside   Pakistan,   in such  manner 
and for such purposes  as it may prescribe; 
 
(xxviii) to institute  professorships,  associate   professorships,  assistant 
professorships and  lectureships and  any other  posts  and to appoint 
persons  thereto; 
 
(xxix)   to  create  posts   for  research,   extension,  administration  and  other  
related purposes  and to appoint  persons  thereto; 
 
 
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(xxx)   to  recognize   selected   members  of the  teaching  staff of affiliated 
colleges  or educational  institutions  admitted  to the privileges  of the 
HSA or such other  persons  as it may deem  fit, as HSA teachers; 
 
(xxxi)  to  institute  and  award   financial  assistance  to  students   in  need, 
fellowships, scholarships, bursaries,  medals  and prizes under 
prescribed conditions; 
 
(xxxii)   to   establish   teaching  departments,   schools,    colleges,    faculties, 
institutes,  museums  and  other  centers  of learning  for development 
of teaching  and  research  and  to make  such  arrangements for their 
maintenance,  management and administration as it may prescribe; 
 
(xxxiii) to  provide   for  the  residence   of the  students  of the  HSA  and  the 
colleges,  to institute  and maintain  halls of residence  and to approve 
or license hostels  and lodging; 
 
(xxxiv)  to maintain order,  discipline and security  on campuses of the HAS and 
the colleges; 
 
(xxxv)   to  promote   extracurricular  and  recreational  activities  of students and  
to make  arrangements for  promoting their  health  and  general welfare: 
 
(xxxvi)  to  demand   and   receive   such  fees  and  other   charges   as  it  may 
determine; 
 
(xxxvii) to  make  provision   for  research,  advisory   or  consultancy services 
and   with   these   objects  to  enter   into  arrangements  with   other 
institutions, public or private bodies, commercial and i ndustrial 
enterprises under prescribed  conditions; 
(xxxviii) to enter  into, carry out,  vary or cancel  contracts; 
 
(xxxix)  to    receive   and   manage  property   transferred    and    grants and 
contributions  made to the HSA and to invest any  fund  representing 
such property,  grants, bequests, trusts, gifts, donations, endowments or 
contributions in such manner as it may deem fit; 
 
(xl)   to provide for printing and publication of research  and other works; 
 
(xli)    to   provide   policy    advice     on  public    health.   research,    health 
education and related discipline to Federal Government as deemed 
appropriate by the Government or HSA from time to time;  and 
 
(xlii)    to do all  such other acts and things, whaether  incidental  to the powers 
aforesaid or not, as may be expedient in order to further objectives  of  
the HSA as a place of education, learning and research. 
 
5.  HSA open to all classes, creeds, etc. — (1) Except where the HSA has been  declared  by  
notification  in  the  official  Gazette  to  be  open  only  to persons  of  a specified gender.  the  HSA  
shall be open  to  all  persons  of either gender and of whatever religion,  race,  creed,  class, colour  or 
 
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domicile and no person shall be denie d the privileges of the HSA on th e grounds  of religion,  race , 
caste, creed,  class,  colour or domicile. 
 
(2)  An increase  in any fee or charge  that  is in excess  of ten percent per annum  on  an  
annualized  basis  from  the  last  such    increase   may  not  be  made except in special circumstances 
and only with approval of the Chancellor. 
 
(3)  The  HSA shall  institute  financial  aid  programmes  for  students  in need,   to   the   extent 
considered feasible  by the Senate  in the given and  available resources,   so  as to  enable   admission  
and access  to  the  HSA  and the  various opportunities  provided by it to be based on merit rather than 
ability to pay: 
 
Provided  that it the  HSA  may institute  self -finance schemes  not  covering mor e  than ten 
percent of the total  number of candidates in any on -campus taught course  or research -based 
programme of study. 
 
6.  Teaching. —l) All recognized teaching in various courses  shall  be conducted  by the    HSA 
and  the  colleges   in  the  pre scribed  manner  and  may include   lectures,   tutorials,   discussions,   
seminars.   demonstrations,   distance learning  and  other   methods   of instruction  as  well  as  
practical  work in  the laboratories,    hospitals,    workshops    and    other     governmental    or    private 
organizations. 
 
(2)  The authority  responsible  for organizing recognized teaching shall  be such as may be 
prescribed. 
______________ 
 
CHAPTER Ill 
 
OFFICERS  OF THE HSA 
 
7.  Principal  officers.— The  following  shall  be principal  officers   of the HSA,  namely: 
 
(a) the Chancellor; 
 
(b) the Pro-Chancellor;  
 
(c) the Vice-Chancellor;  
 
(d) the Rector; 
 
(e)      the Deans; 
 
(f)    the Principals of the constituent colleges; 
 
(g)     the Chairpersons of the teaching  departments; 
 
(h)    the Registrar, 
 
(i)      the Treasurer; 
 
(j)     the Controller of Examinations;  and 
 
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(k)     such   other   persons    as   may   be   prescribed   by  the   statutes   
or regulations. 
 
8.  Chancellor.— (1)   The    President  of  the    Islamic     Republic    of  Pakistan  shall  by 
virtue  of his office be the Chancellor of the HSA as well as the Chairperson of the Senate. 
 
(2)  The members  of the  Senate as well  as the Vice -Chancellor shall be appointed  by the  
Chancellor  from  amongst   t he  persons   recommended  by  the representation  committee  set   up  
for  this   purpose    or  the   search   committee established  in  accordance with  this  Act  and  the  
statutes,  as  the  case  may  be, along with those  elected. 
 
(3)  Every proposal  to confer an honorary degree   shall  be subject  to  confirmation by the 
Chancellor. 
 
(4)  If the  Chancellor  is  satisfied   that  serious   irregularity  or mismanagement with respect 
to the affairs of the HSA has occurred,  he may.— 
 
(a)   as  regards   proceedings   of   the   Senate,   direct    that   specified proceedings  
be  re -considered  and appropriate action taken  within one month  of the 
direction  having been issued: 
 
Pre vided   that  if'  the  Chancellor  is   satisfied    that  either   no re-consideration  
has  been  carried  out  or that  the re-consideration has failed to address  the  
concern  expressed,  he  may  after calling upon  the  Senate  to show  cause  in  
writing,  appoint a five-member review    anel   to  examin e   and   report   to  
the   Chancellor  on  the  functioning of the  Senate. The report of the review  
panel  shall  be submitted   within    such    time   as   may   be   prescribed    by  
the Chancellor.  The review   panel  shall   be drawn   from  persons   of eminence 
in academics and  in  the  fields  of law, accountancy and administration; and 
 
(b)   as regards  proceedings of any Authority  or with  respect  to matters within  1he  
competence of any  Authority  other  than  the   Senate, direct  the Senate to 
exercise  powers  under section  20. 
 
(5)  The  Chancellor may  cause a  visitation  or  inquiry  to  be  made in respect  of any  matter  
connected with affairs  of the  HSA and appoint  any person as he may deem fit  fer the purpose. 
 
(6)  The Chancellor may, on receipt of a report, issue such directions as  he thinks fit and the 
vice-Chancellor shall comply with such directions. 
 
(7)  The Chancellor may delegate any of his powers to Vice -Chancellor from time to time as  
deemed appropriate. 
 
9.  Pro-Chancellor.— (1)  The   Minister -in-charge  of the   concerned Division   allocated   
with business  of HSA  shall  by virtue of his  office   be  the Pro-Chancellor of the HSA. 
 
(2)  Where  the Chancellor is absent  for any  reason, the  Pro -Chancellor shall  act  as  
Chancellor  and  exercise   all  powers  of the  Chancellor except   the powers  provided  for under sub-
sections (4) and (7) of section  8. 
 
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(3)  The  Pro-Chancellor  shall  perform  such  duties as  may  be assigned and delegated  to 
him by the Chancellor. 
 
10.  Removal   from  the  Senate.— (1)   The  Chancellor  may,  upon recommendation  of 
the  review panel,  remove  any  person  from  membership of the Senate o n the ground that  such 
person— 
 
(a)      has become  of unsound  mind: or 
 
(b)     has become incapacitated to function  as member  of the Senate;  or 
 
(c)     has  been  convicted  by a court  of law  for an  offence  involving moral  
turpitude;  or 
 
(d)      has  absented   himself from  two  consecutive meetings  without  just cause;  or 
 
(e)      has   been   guilty  of  misconduct,    including  use   of position for personal    
advantage     of   any    kind    or    gross    inefficiency    in performance of his 
functions. 
 
(2)  The  Chancellor  shall  not remove  any  person  from  membership  of the Senate except  
on a resolution by at least  three-fourths of total members  of the Senate calling  for removal  of such 
person: 
 
Provided  that  before passing  such resolution the Senate shall  provide  the member  concerned 
a fair hearing: 
 
Provided    further   that   the   provisions   of  this   section    shall   not   be  applicable to the 
Vice-Chancellor in his capacity  as a member of the Senate. 
 
11.  Vice-Chancellor.—(1)  There  shall   be a  Vice-Chancellor  of the HSA  who  shall be an 
eminent  academician or a distinguished administrator and shall  be appointed on such terms  and 
conditions as may be prescribed. 
 
(2)  The  Vice -Chancellor shall be chief executive officer of the   HSA responsible for  all  
administrative  and  academic  functions of the  HSA  and  for ensuring  that  the  provisions of this  
Act,    statutes,    regulations   and    rules   are observed    in   order   to   promote general  efficiency  
and  good  order  at the  HSA and he shall  have all powers  prescribed  for this purpose,  including 
administrative control  over the officers, teachers  and other employees of the HSA. 
 
(3)  The   Vice -Chancellor shall,   if present,   be entitled  to  attend   any  meeting of any 
Authority or body of the HSA. 
 
(4)  The Vice-Chancellor    may,    in    an    emergency    that    in    his opinion    requires      
immediate     action   ordinarily  not   in  competence  of the Vice-Chancellor,  take such  action   and  
forward,   within   seventy-two hours,  a report  of the  action  taken  to  the  members  of the  emergency 
committee of the Senate,  to  be set  up  by statutes.   The  emergency committee  may  direct such 
further action as is considered appropriate. 
 
(5)  The Vice-Chancellor  shall also have the following powers, namely: 
 
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(a)     to  direct  teachers,   officers and  other   employees of the   HSA to take   up   
such assignments in connection with examinations, administration  and such  
other  activities  in  the  HS  as  he  my consider necessary  for the purposes of 
the SA; 
 
(b)     to   sanction   by   re-appropriation   an   amount    not   exceeding  an amount   
prescribed  by  the   Senate   for an unforeseen    item  not provided   for  in the  
budget  and  report  it  to the  Senate  at the  next meeting; 
 
(c)     to make appointments of such categories  of employees of the  HAS and  in such  
manner  as may  be prescribed  by statutes; 
 
(d)    to  suspend,  punish  and  remove  from  service,  in  accordance with prescribed 
procedure, officers,  teachers an d other  employees of the HSA except  those 
appointed  by or with approval  of the Senate: 
 
(e)      to delegate , subject  to such conditions as may  be prescribed,  any of his powers  
under this Act to an officer  or officers of the ISA:  and 
 
(f)      to exercise and perform such other powers and functions as may be prescribed. 
 
(6)  The Vice-Chancellor shall preside  at  convocation  of the  HSA  in absence  of the  Pro-
Chancellor. 
 
(7)  The   Vice-Chancellor  shall  present   an  annual  report   before   the Senate  within  three  
months  of close  of the  academic   year.  The  annual  report shall present such information as regards  
the academic year un der review  as may  be prescribed,  including disclosure  of all relevant  facts 
pertaining to—  
 
(a)     academics; 
 
(b)     research and policy making; 
 
(c)     administration; and 
 
(d)    finances. 
 
(8)  The Vice-Chancellor's annual  report  under  sub-section (7) shall be made  available,  prior  
to  its presentation before  the  Senate,  to  all  officers  and HSA teachers  and shall  be published  in 
such number as is required  to ensure  its wide circulation. 
 
12.  Appointment  and  removal  of the  Vice-Chancellor.— (1)  The Vice-Chancellor shall 
be appointed by the Chancellor on the basis of recommendations made by the Senate. 
 
(2)  A    Search    Committee  shall,  for    recommendation  of   persons suitable   for  
appointment   as   Vice -Chancellor,  be constituted  by the Senate on the  date  and  in  the  manner 
prescribed   by  statutes   and shall  consist   of two eminent  members  of society  nominated  by the 
Chancellor,  of whom  one shall  be appointed  as the convener, two  members  of the  Senate,  two 
distinguished HSA teachers  who  are not  members  of the Senate  and one  academician of eminence 
not employed  by the HSA. The two distinguished HSA teachers  shall  be selected  by the  Senate  
 
Page 14 of 31 
 
through  a process,  to  be prescribed  by statutes,  that  provides  for  recommendation of suitable  
names  by the HSA teachers in general.  The  Search Committee  shall  remain   in  existence   till  such  
time  that  appointment of next Vice-Chancellor is made by the Chancellor. 
 
(3)  The persons  proposed  by the Search Committee for appointment as Vice-Chancellor shall  
be considered  by the Senate  and of these  a panel  of three, in  order of priority,  shall  be recommended 
by the Senate to the Chancellor: 
 
Provided   that  the  Chancel lor may  decline  to  appoint  any  of the  three persons  
recommended and seek recommendation of a fresh panel.  In the event of a fresh recommendation 
being  sought  by the Chancellor, the Search  Committee shall make a proposal to the Senate  in the 
prescribed  manner. 
 
(4)  The    Vice-Chancellor   shall   be   appointed     for   a   renewable tenure   of  five   years   
on such terms   and conditions as may  be prescribed   by statutes.  The  tenure  of an  incumbent  Vice-
Chancellor shall  be  renewed  by the Chancellor on receipt  of a resolution  of the Senate in support  
of such renewal: 
 
Provided  that the Chancellor may  call  upon  the  Senate  to  re-consider such resolution  once. 
 
(5)  The  Senate  may, pursuant  to a resolution  in  this  behalf passed  by three -fourths of its  
membership,  recommend   to  the Chancellor the  removal  of the Vice -Chancellor on the ground of 
inefficiency,  moral turpitude  or physical or mental  incapacity  or gross  misconduct,  including misuse  
of position  for personal advantage of any kind: 
 
Provided  that the Chancellor may make a reference  to the Senate  stating the instances of 
inefficiency, moral turpitude  or physical  or ment al incapacity or gross  misconduct on  part  of the 
Vice-Chancellor that have  come  to his  notice. After  consideration of the reference,  the Senate  may, 
pursuant  to a resolution  in this   behalf   passed   by  two-thirds    of  its   membership,   recommend   
to   the Chancellor removal  of the Vice-Chancellor: 
 
Provided    further   that   prior    to   a   resolution    for   removal    of  the Vice -Chancellor 
being voted upon. the Vice-Chancellor shall be given an opportunity of being heard. 
 
(6)  A resolution   recommending removal  of the  Vice -Chancellor shall be submitted to the 
Chancellor forthwith. The Chancellor may accept  the recommendation and  order  removal of the 
Vice-Chancellor or return  the recommendation to the Senate. 
 
(7)  At  any  time  when  office of the  Vice -Chancellor is  vacant  or the Vice -Chancellor is 
absent  or  is  unable to  perform functions of his office due to illness   or  some   other  cause,   the  
Senate   or  the  Chancellor  shall   make  such arrangements  for   performance   of duties  of the   Vice-
Chancellor  as   may   be deemed fit. 
 
13.  Rector.— (I)  There  shall  be a Rector  of the  HSA  to be appointed by  the   Chancellor  
on   recommendation  of  the   Senate  on   such   terms  and conditions as may be prescribed. 
 
(2)  The  Rector  shall  be responsible  for implementation  of decisions of the  Senate,  
Syndicate and  Academic  Council  and  for  execution  of programmes of the HSA under  direction of 
the Vice-Chancellor. 
 
 
Page 15 of 31 
 
(3)  At any  time, when  office of the  Rector  is vacant  or the  Rector  is absent  or is unable  
to  reform   functions  of his office  due to illness  or some other cause,   the  Vice-Chancellor  of the   
HSA  shall   make   such   arrangement  for performance of duties  of the Rector as he may deem fit. 
 
14.  Registrar.— (1)   There   shall   be  a  Registrar  of  the   HSA   to  be appointed  by the  
Sente  on  recommendation  of the  Vice -Chancellor,  on  such te rms and conditions as may be 
prescribed. 
 
(2)  The experience  as well as professional and academic qualifications necessary  for  
appointment   to  the  post  of the  Registrar   shall  be  as  may  be prescribed. 
 
(3)  The Registrar  shall  be a full-time officer of the HSA and shall— 
 
(a)      be administrative head of secretariat  of the  HSA and be responsible for 
provision  of secretarial  support  to the Authorities of the HSA; 
 
(b)     be custodian of common  seal  and academic records  of the  HSA; 
 
(c)      maintain  register of registered graduates  in the prescribed manner; 
 
(d)     supervise   process  of  election,   appointment  or  nomination   of members to 
various Authorities and other bodies in the prescribed manner; and 
 
(e)     perform such other duties as may be prescribed. 
 
(4)  The term   of office of the Registrar shall  be a renewable period  of three years: 
 
Provided that the  Senate may, on advice of the Vice -Chancellor and in accordance with 
prescribed procedure, terminate appointment of the Registrar on grounds of inefficiency or 
misconduct. 
 
15.  Treasurer.— (1)  There  shall  be a  Treasurer  of the  HSA to  be appointed  by the Senate  
on  recommendation  of the Vice-Chancellor  on such terms and conditions as may be prescribed. 
 
(2)  The experience and professional and academic qualifications necessary for appointment to 
the post of Treasurer shall be as may be prescribed. 
 
(3)  The Treasurer shall be chief financial officer of the HSA and shall— 
 
(a)      manage   assets,   liabilities,    receipts,    expenditures,    funds   and investments  
of the HSA; 
 
(b)     prepare  annual  and  revised  budget  estimates   of the  HSA  and present them  
to the  Syndicate or a committee thereof for approval and incorporation in the 
budget to be presented to the  Senate; 
 
(e)    ensure that funds  of the HSA are expended on the purposes for which those 
funds are provided; 
. 
 
Page 16 of 31 
 
(d)     have accounts of the HSA audited annually so as to be available for submission 
to the Senate within six months of the close of financial year; and 
 
(c)    perform such other duties as may be prescribed. 
 
(4)  The term of office of the Treasurer  shall be a renewable period  of three years: 
 
Provided that the  Senate may, on advice of the Vice -Chancellor and in accordance with  prescribed  
procedure,  terminate appointment of the Treasurer on grounds of inefficiency or misconduct. 
 
16.  Controller of Examinations . (1) There shall  be a Controller of Examinations  to be   
appointed   by  the   Senate   on   recommendation  of  the Vice-Chancellor on such terms and conditions 
as may be prescribed. 
 
(2)  The minimum qualifications and experience necessary for appointment   to  the  post of 
Controller   of Examinations  shall  be  as  may  be prescribed. 
 
(3)  The Controller of Examinations shall b e a full -time officer of the HSA and shall be 
responsible for all matters connected   with conduct of examinations and shall  perform  such other 
duties as may be prescribed. 
 
(4)  The Controller  of Examinations  shall  be appointed  for a renewable term of three years: 
 
Provided  that the Senate may,  on advice of the Vice -Chancellor and in  accordance with  
prescribed  procedure,  terminate  appointment  o the Controller  of Examinations on grounds of 
inefficiency or misconduct. 
_____________ 
 
CHAPTER  IV 
 
AUTHORITIES OF THE H SA 
 
17.  Authorities. (1)  The  following shall  be Authorities  of the HAS namely:— 
 
(a)     the Senate; 
 
(b)     the Syndicate;  and 
 
(e)     the Academic Council; 
 
(2)  The following Authorities shall be established  by statutes, namely;— 
 
(a)     Graduate and Research  Management Council; 
 
(b)     Recruitment,  Development,  Evaluation and  Promotion  Committees for 
teachers  and other  staff whether  at level  of the  department,  the faculty  r the 
HSA; 
 
(c)    Career placement and Internship Committee of each faculty; 
 
(d)    Search  Committee for appointment of the Vice-Chancellor; 
 
Page 17 of 31 
 
 
(e)     Representation    Committees    for    appointment     to   the    Senate Syndicate 
and the Academic Council; 
 
(f)      Faculty  Council;  and 
 
(g)     Departmental  Council. 
 
(3)  The  Senate, the  Syndicate  and  the  Academic  Council  may  set up such  other  
committees  or sub-committees,  by whatever  name  described,  as are considered   desirable   through    
statutes   or   regulations   as   appropriate.   Such committees  or sub-committees  shall be Authorities 
of the  HSA for the purposes of this  Act. 
 
18.  Senate.—(1)  There shall  be  a  body  to   be  called   the   Senate, responsible  for 
governance  of the HSA and which  shall consist of the following, namely:— 
 
(a)     the Chancellor who shall be Chairperson  of the Senate; 
 
(b)      the Vice-Chancellor; 
 
(c)      three members of the Government not below the rank of Additional Secretary  
from   the  Division   concerned,  the   Division   to  which business  of education   
stands  allocated   or  any  other  department relevant to the special  focus of the 
HSA; 
 
(d)     one person from amongst the alumni of the HSA; 
 
(e)      one person  for  academic community  of the country,  other than an employee  
of the  HSA,  at the  level of professor  or principal  of a college; 
 
(f)      one HSA teacher;  and 
 
(g)     one person nominated  by the Commission. 
 
(2)  The number of members  of the Senate described  against clauses (e) to (g) of sub-section  
(1) may be increased  by the Senate through  statutes  subject to the condition that total membership 
of the Senate does not exceed  twent y-one, with  a  maximum  of  three  HSA  teachers  and  the  
increase  is  balanced.  to  the extent possible.  across different categories specified  in sub-section  (1). 
 
(3)  All  appointments to  the  Senate  shall  be made  by the  Chancellor. Appointment  of 
persons  described  in clauses (d) and (e) of sub-section (1)  shall be made  from  amongst  a panel  of 
three names  for each  vacancy  recommended by the Representation  Committee set up in terms of 
section 25 and in accordance with procedure as may be prescribed:  
 
Provided that effort shall  be made,  witho ut  compromising  on quality  or  qualification, to 
give fair representation to women on the  Senate. 
 
Provided  further  that as regards  the HSA teacher  described in clause  ( f) of sub-section (1), 
the Senate  shall  prescribe  a procedure for appointment on the basis of elections that provide  for 
voting by various  categories of HSA teachers: 
 
Page 18 of 31 
 
Provided   also   that   the    Senate   may   alternatively    prescribe    that appointment of HSA 
teachers  to the Senate shall also be in the manner provided for by this  sub -section for  the persons  
described  in clauses  (d) and (e)  of sub-section (1) 
 
(4)  Members of the Senate,  other  than  ex officio  members,  shall  hold office  for three year.  
One-third  of the members,  other than  ex officio  members, of the first  Senate  to  be determined  by 
lot  shall  retire  from  office  on expiration of one  year  from  the  date  of appointment  by the  
Chancellor.  One -half of the remaining  members    other  than  ex -officio  members.  of the  first  
Senate  to  be determined   by lot  shall  retire  from  office  on  expiration of two  years  from the date  
of their  appointment  and  the  remaining  one-half,   other   than  ex  officio  members,  shall retire 
from office on expiration  of the third year: 
 
Provided  that  no person, other than an ex officio  member,  may serve  on the Senate for more 
than two consecutive  terms: 
                                                                                              . 
Provided  further that the HSA teachers  appointed  to the Senate  may not  serve for two 
consecutive terms. 
 
(5)  The Senate  shall meet at least twice  in a calendar  year. 
 
(6)  Service on the Senate shall be on honorary  basis: 
 
Provided that actual expenses may be reimbursed in the prescribed manner.  
 
(7)     The Registrar shall be secretary  of the Senate. 
 
(8)  The   Chancellor  shall  when  present   preside   at  meetings  of the Senate  and  convocation  
of the  HSA.   In  absence  of the  Chancellor, ·the   Pro -Chancellor shall when present  preside  at 
meeting  of the Senate  and convocation  of HSA.   In  absence  of Pro-Chancellor,   the  Senate  may  
request   a  person  of eminence  to preside over the convocation  of the HSA. 
 
(9)  Unless otherwise prescribed  by this Act, all decisions  of the Senate shall  be taken  on the 
basis of opinion  of a majorit y  of the  members  present.  In the event  of members  being evenly 
divided  on any natter, the person presiding over the meeting  shall have a casting  vote. 
 
(10)  The quorum for a meeting of the Senate shall be two-thirds of its membership, a fraction 
being counted as one. 
 
19.  Powers and functions of the Senate. — (1)  The Senate shall have power of general  
supervision  over the HSA and shall hold the  Vice-Chancellor and the Authorities  accountable for all  
functions of the HSA. The Senate shall have all powers of the HSA not expressly vested in an Authority 
or officer by this  Act and all other  powers  not  expressly  mentioned  by this  Act that  are necessary 
for performance of its functions. 
 
(2)  Without prejudice to  the generality of the  foregoing powers.  The Senate shall have the 
following powers, namely: — 
 
(a)     to  approve  the  proposed  annual  plan of work,  the  annual  and revised  budget 
estimates,  annual  report and annual  statement  of accounts; 
 
 
Page 19 of 31 
 
(b)     to hold, control and lay down policy for administration of property, funds and 
investments  of the HSA, including approval of sale and purchase or acquisition 
of immovable property; 
 
(c)     to oversee quality and relevance of the HSA academic programmes and  to 
review academic affairs of the HSA in general; 
 
(d)    to   approve  appointment  of   the   Deans,   professors,   associate professors 
and such other senior faculty and senior  administrators as may be prescribed; 
 
(e)     to institute schemes, make directions and guidelines for terms and conditions of 
appointment of all officers, teachers  and other employees of the HSA; 
 
(f)      to approve strategic  plans: 
 
(g)       to approve financial  resource development plans of the HSA; 
 
(h)     to consider draft  statutes and regulations proposed by  the Syndicate  and   the  
Academic  Council   respectively  and  deal  those  in  the manner as provided  
for in sections 27 and 28, as the case may be: 
 
Provided that the Senate may make statutes or regulations  on its  own  
initiative  and approve those after calling for advice of the Syndicate or the 
Academic Council, as the case may be; 
 
(i)      to annul  by order  in writing the  proceedings of any  Authority or officer,  if 
the  Senate  is satisfied  that  such  proceedings are  not  in accordance with  the 
provisions of this  Act,  statutes  or regulations made  thereunder,  after  calling  
upon  such  Authority   or  officer to show cause as to why  such proceedings 
should  not be annulled: 
 
(j)      to  recommend   to  the  Chancellor removal  of any  member  of the Senate   and 
accordance with the provisions of this Act; 
 
(k)     to  make    appointment of members  of the  Syndicate, other  than ex officio  
members,  in accordance with the provisions of this Act; 
 
(l)      to   make  appointment  of  members of  the   Academic  Council, other   than   
ex officio  members,  in accordance with  the provisions of this Act; 
 
(m)    to appoint emeritus  professors on such terms and conditions as may be 
prescribed; 
 
(n)     to remove  any  person from  membership of any  Authority  if such person— 
 
(o)      has become of unsound  mind; or 
 
(p)      has become  incapacitated to function as member of such Authority; or 
 
 
Page 20 of 31 
 
(q)     has  been  convicted  by a  court  of law  for  an  offence  involving moral  
turpitude;  and 
 
(r)      to determine  the  form,  provide  for  its custody  and  regulate  use of common 
seal of the HSA. 
 
(3)  The  Senate  may,  subject to the provisions  of this  Act, delegate  all or any of the  powers  
and  functions  of any Authority,  officer  or employee  of the HSA at its  main campus,  to  any 
Authority, committee,  officer  or employee at its additional  campus  for  the  purpose  of exercising  
such  powers  and  performing such  functions  in  relation to  such  additional  campus   and  for  this  
purpose the Senate  may create  new  posts or positions at the additional camps. 
 
20  Visitation.— The  Senate  may,  in  accordance  with the  tern     and procedures as  may  
he prescribed,  cause an inspection  to  be made  in  react  of any matter  connected  with the HSA. 
 
 
21.  Syndicate.— (1) There  shall be a Syndicate of the HSA  consisting of the following, 
namely:— 
 
(a)      the Vice-Chancellor who shall be its Chairperson;  
 
(b)      the Deans of the faculties of the HSA; 
 
(c)     two  professors  from  different departments, who  are  not  members of the  
Senate,  to  be  elect ed  by  the  HSA  teachers  in  accordance with procedure 
to be prescribed by the Senate; 
 
(d)      principals of the constituent colleges;  
 
(e)      the Registrar; 
 
(f)     the Treasurer;  and 
 
(g)     the Controller of Examinations; 
 
(2)  Members of the Syndicate,   other than  ex  officio   members,  shall hold office  for three 
years. 
 
(3)  As regards  the two professors described in clause  (c) of sub-section (1) the  Senate   may,  
as  an  alternative  to  elections,  prescribe  a  procedure  for proposal  of a panel  of names  by the 
Representation Committee set up in terms of section  25,  Appointment of persons  proposed  by the  
Representation Committee may be made by the  Senate on recommendation of the Vice-Chancellor. 
 
(4)  The quorum for a meeting of the Syndicate shall be one -half of the total number of 
members, a fraction being counted as one. 
 
(5)  The Syndicate shall meet at least once in each quarter of a year. 
 
 
Page 21 of 31 
 
22.  Powers and duties of the Syndicate. — (1) The  Syndicate  shall be executive  body of 
the  HSA and shall, subject  to the provisions  of this Act and the statutes. exercise general supervision 
over affairs and management of the HSA. 
 
(2)  Without    prejudice  to   generality    of  the   foregoing  powers    and subject to the 
provisions of this Act, the statutes and directions of the Senate,  the indicate shall have the following 
powers,  namely:— 
 
(a)      to consuler annual  report and   annual  and revised  budget  estimates an  to 
submit these to the Senate; 
 
(b       to transfer and accept  transfer of movable  property  on behalf of the HSA; 
 
(c)     to enter  into,  vary,  carry  out  and cancel  contracts on behalf of the HSA; 
 
(d)     to cause  proper books  of account  to be kept for all  sums  of money received   
and  expended  by the HSA and for  assets  and  liabilities  of the HSA; 
 
 
(e)     to invest  any money belonging to the HSA including any unapplied income  in 
any of the  securities described  in section 2 0  of the Trusts Act,  1882.  (II of 
1882) or in the purchase  of immovable property  or in such  other manner,  as  
it may  prescribe, with  the  like  power  of varying sch  investments; 
 
(f)      to   receive   and   manage    any   property    transferred   and   grants, bequests,     
trusts,     gifts,     donations,    endowments    and     other contributions made to 
the HSA; 
 
(g)     to administer any funds placed  at disposal  of the HSA  for specified purposes: 
 
(h)     to   provide   buildings,    libraries,   premises,   furniture,   apparatus, equipment 
and  other  means  required  for  carrying  out work  of the HSA; 
 
(i)       to establish  and  maintain  halls of residence  and  hostels  or approve or license  
hostels  or lodgings for residence  of students; 
 
(j)      to recommend to the Senate affiliation or disaffiliation of colleges;  
 
(k)     to recommend  to the  Senate  admission   of educational  institutions  to the 
privileges of the HSA and withdraw such privileges; 
 
(l)      to arrange for inspection of colleges  and the departments; 
 
(m)   to institute   professorships,   associate    professorships,    assistant 
professorships,  lectureships  and other teaching  posts or to  suspend  or to  
abolish  such posts; 
 
(n)      to create suspend  or abolish  such  administrative or   their  posts  as may be 
necessary; 
 
 
Page 22 of 31 
 
(o)       to preserve duties  of officers,  teachers  and other  employees of the HSA; 
 
(p)      to  report to the  Senate on matters  with  respect  to which  it  has been asked to 
report; 
 
(q)     to  appoint   members  to  various   Authorities   in   accordance  with the  
provisions of this Act; 
 
(r)     to propose  draft statutes for  submission to the Senate; 
 
(s)      to regulate conduct and discipline of students  of the HSA; 
 
(t)      to  take  actions  necessary   for  good  administration  of the  HSA  in general  
and to this end exercise  such powers  as are necessary; 
 
(u)     to  delegate   any  of its   powers  to  any  Authority  or  officer  or  a committee;  
and 
 
(v)      to perform such other  functions  as have  been  assigned  to it  by the provisions 
of this Act or may  be assigned  to it by statutes. 
 
23.  Academic  Council. (1) There  shall be an Academic   Council  of the HSA consisting of 
the following,  namely:— 
 
(a)      the Vice-Chancellor who shall  be its Chairperson; 
 
(b)     the  Deans  of faculties  and  such  heads  of departments as  may be prescribed; 
 
(c)      three  members representing departments, institutes  and constituent colleges to 
be elected  in  the manner  prescribed  by the Senate;  
 
(d)      one of the principals  of affiliated  colleges; 
 
(e)      three professors including emeritus professors;  
 
(f)      the Registrar 
 
(g)      the controller sf Examinations,  and 
 
(h)      the Lactarian 
 
(2)  The  Senate  shall  appoint the  members of the  Academic Council, other  than  ex-officio  
and  elected   members,   on  recommendation  of the  Vice  Chancellor: 
 
Provided    that   as   regards    the   three  professors  and   the   members representing the  
departments, institutes and  the constituent colleges,  the  Senate may,  as an alternative to elections,  
prescribe a procedure for proposal  of a panel of names   by  the   Representation   Committee   set  up  
in  terms   of section   25. Appointment of persons   proposed   by the  Representation  Committee  may  
be made by the Senate  on recommendation of the Vice-Chancellor. 
 
 
Page 23 of 31 
 
(3)  The    Academic   Council    may    constitute   Academic   Advisory Committee consisting;  
of national  and  international  doctors,   scientists, academicians and other experts to— 
 
(a)      delineate priorities for research; 
 
(b)      guide and direct  the executive  committee on all academic  matters; 
 
(c)      recommend    such    measures    which    will    foster    and    enhance interaction 
and collaboration between  the  HSA  and  other  existing national  and 
international organizations, institutions and research centers; and 
 
(d)     work  out and  propose  affiliation  measures  with  foreign  institutions of repute. 
 
(4)   Members of the Academic Council shall hold office for three years. 
 
(5)  The Academic Council  shall meet at least once  in each quarter. 
 
(6)  The  quorum  for  meetings   of the  Ac ademic   Council  shall  be one half of the total 
number of members, a fraction being counted  as one. 
 
24.  Powers   and    functions   of  the  Academic  Council.— (1)   The Academic    Council  
shall  be  principal  academic   body of the  HSA  and shall, subject to the  provisions of this  Act  and  
the statutes,   have  power  to  lay  down proper standards of instruction, research  and  examinations 
and  to  regulate  and promote  academic life of the HSA and the colleges. 
 
(2)  Without prejudice to  the  generality of the  foregoing  powers  and subject to the provisions 
of this Act  and the statutes, the Academic Council  shall have the power  to— 
 
(a)     approve   the  policies and  procedures  pertaining to  1he  quality  of academic 
programmes; 
 
(b)      approve  academic  programmes; 
 
(c)      approve   the  policies and  procedures pertaining  to  student-related function       
including      admissions,       expulsions,      punishments. examinations and 
certification; 
 
(d)     approve  the  policies  and  procedures   assuring  quality  of teaching and 
research; 
 
(e)    recommend   the  policies  and  procedures  for  affiliation   of other educational  
institutions; 
 
(f)      propose    to   the   Syndicate    schemes    for   the   constitution   and organization    
of  faculties,   teaching   departments  and   boards   of studies; 
 
(g)     appoint   paper-setters   and  examiners   for  all  examinations  of the HSA after 
receiving  panels of names from relevant  authorities; 
 
 
Page 24 of 31 
 
(h)     institute   programs   for continued   professional development of HSA teachers 
at all levels; 
 
(i)      recognize  examinations  of other  universities   or examining bodies as 
equivalent  to corresponding examinations  of the HSA; 
 
(j)      regulate  award  of studentships,   scholarships,  exhibitions,  medals and prizes; 
 
(k)     propose  regulations  for submission  to the Senate; 
 
(l)      prepare an annual report on academic performance of the HSA; and 
 
(m)    perform  such other functions as may be prescribed  by regulations. 
 
25.  Representation Committees. — (1) There shall be a Repres entation Committee  
constituted   by  the  Senate  through  statutes  for  recommendation   of persons  for  appointment   to  
the  Senate  in  accordance   with  the  provisions  of section 18. 
 
(2)  There  shall also be a Representation  Committee  const ituted by the Senate  through  
statutes  for  recommendation of persons  for appointment  to the Syndicate   and  the  Academic   
Council   in  accordance   with  the  provisions   of sections 21  and 23 respectively. 
 
(3)  Members  of the Representation Committee  for appointments to the  Senate shall consist  
of the following,  namely:— 
 
(a)      three members  of the Senate who are not HSA teachers; 
 
(b)     two   persons    nominated   by ·   the   HSA   teachers   from   amongst themselves  
in the manner as may be prescribed; 
 
(c)      one  person   from  the  academic   community,  not  employed  by  the HSA,  a  
the level  of professor  or college  principal  to be nominated by the  HSA 
teachers  in  the manner  as may be prescribed;  and 
 
(d)     one     eminent      citizen     with     experience     in     administration, 
philanthropy, development   work, law   or   accountancy   to   be nominal end 
by the Senate. 
 
( 4)  The  Representation Committee for appointments to  the  Syndicate and the Academic 
Council shall consist  of the following, namely: 
 
(a)      two members of the Senate who are not HSA teachers; 
 
(b)     three   persons   nominated  by  the   HSA,  teachers  from   amongst themselves 
in the manner  as may be prescribed; 
 
(5)  The tenure  of the Representation Committees shall be three years: 
 
Provided that no member shall serve for more than two consecutive terms. 
 
 
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(6)  The  procedures  of the  Representation Committees shall  be as may be prescribed. 
 
(7)  There  may also be such other Representation Committees set up by any  of the   other   
Authorities  of the   HSA  as  are  considered  appropriate  for recommending persons  for appointment 
to various  Authorities  and  other  bodies of the HSA. 
 
26.   Appointment of committees by certain Authorities. (1)  The Senate,  the  Syndicate, 
the  Academic Council  and  other Authorities  may,  from time to time, appoint  such standing,  special 
or advisory  committees, as they may deem fit and may place on such committees persons  who are 
not members  of the Authorities appointing the committees. 
 
(2)  The constitution,  functions and powers  of the Authorities for which no  specific   provision   
has  been   made   in   this  Act  shall   be  such   as  may  be prescribed  by statutes  or regulations. 
 
CHAPTER  V 
 
STATUTES, REGULATIONS  AND RULES 
 
27.  Statutes.— (1)  Subject to the provisions of this Act,  statutes,  to be published  in the  
official  Gazette,  may be made to regulate or prescribe  all  or any of the following matters,  namely:—  
 
(a)      contents  of and the manner in which  annual  report  to be presented  by the 
Vice-Chancellor before the Senate shall be prepared; 
 
(b)     HSA fees and other charges; 
 
(c)      constitution of any pension, insurance,  gratuity,  provident fund and benevolent  
fund for HSA employees; 
 
(d)     scales of pay and other terms and conditions of service  of officers, teachers and 
other HSA employees; 
 
(e)      maintenance of register of registered graduates; 
 
(f)     affiliation  and disaffiliation  of educational  institutions  and related matters; 
 
(g)    admission   of  educational·  institutions   to  the  privileges   of  the  HSA and 
withdrawal  of such privileges; 
 
(h)     establishment  of faculties,   departments,    institutes,  colleges   and other  
academic  divisions; 
 
(i)      powers and duties of officers and teachers; 
 
(j)      conditions    under  which   the   HSA may enter   into  arrangements with     other   
institutions  or  with  public   bodies   for  purposes   of research  and advisory  
services; 
 
(k)     conditions   for  appointment   of emeritus  professors  and  award  of honorary  
degrees; 
 
 
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(I)     efficiency and discipline  of HSA employees; 
 
(m)    constitution   and  procedure   to   be   followed   by  Representation Committees 
in carrying  out functions  under this Act; 
 
(n)     constitution and procedure  to be followed  by Search Committee  for  
appointment of the Vice-Chancellor; 
 
(o)     constitution,  functions and  powers  of the  Authorities  of the  HSA; and 
 
(p)     all other matters  which by this Act are to be or may be prescribed or regulated  
by statutes.  
 
(2)  The  draft  of statutes   shall  be  propos ed   by the  Syndicate  to  the Senate  which  may  
approve or  pass  the  draft  with  such  modifications  as  the Senate  may  think  fit  or, as the  case  
may  be,  it may  refer  back  the  draft  to the Syndicate for re-cons deration: 
 
Provided  that  statutes   concerning  any  of the   matters   mentioned    in clauses   (a)  and  (l)  
of sub-section  (1)  shall  be  initiated  and  approved   by  the Senate,  after  seeking views  of the 
Syndicate: 
 
Provided  further  that the  Senate may initiate statutes  with respect  to any matter  in  its 
powers  or with  respect  to which  statutes  may  be made  under  this Act and approve  suct statutes 
after seeking views  of the Syndicate. 
 
28.  Regulations.— (1)  Subject  to  the  provisions  of this Act  and  the statues, the Academic  
Council may, by notification in the official Gazette, make regulations for all or  any of the following  
matters,  namely:— 
 
(a)      courses  of study for degrees,  diplomas  and certificates of the HSA; 
 
(b)      manner  in which teaching referred  to in sub-section (1) of section  6 shall  be 
organized  and conducted; 
 
(c)      admission and expulsion  of students  to and from the HSA; 
 
(d)     conditions under  which  students  shall  be admitted to  courses  and 
examinations of the  HSA  and  shall  become  eligible  for  award  of degrees, 
diplomas  and certificates; 
 
(e)      conduct  of examinations; 
 
(f)      conditions   under   which   a   person   may   carry   on   independent research 
to entitle  him to a degree; 
 
(g)      institution   of fellowships,   scholarships,  exhibitions,   medals   and prizes; 
 
(h)      use of the library; 
 
(i)      format on of faculties, departments and board  of studies;  and 
 
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(j)     all other matters  which  by this Act or the statutes  or regulations are to be o 
may be prescribed. 
 
(2)  Regulations  shall  be proposed  by the  Academic Council  and shall be submitted  to the 
Senate  which  may  approve  them  or  withhold   appro val   or  refer them back to the Academic 
Council for re -consideration. Regulations proposed by the Academic Council shall not be effective 
unless those receives approval of the Senate. 
 
(3)  Regulations regarding or incidental to  matters   contained  in sub• clauses (g) and (i) of 
sub-section (1) shall not be submitted to the Senate without prior approval of the Syndicate. 
 
29.  Rules.— (1) The Authorities and other bodies of the HSA may, by notification of official 
Gazette,  make rules consistent with this Act, statutes and the regulations  to regulate any matter 
relating to affairs  of the HSA that is not required  to be regulated  by statutes or regulations, including 
rules to regulate conduct of business and time and place of meetings and related matters. 
 
(2)  Rules shall become effective upon approval by the Syndicate. 
 
CHAPTER VI 
 
HAS FUND 
 
30.  HSA Fund.— The HSA shall have a fund,  to be called the HSA Fund, to which shall be 
credited its income from fees, charges, donations, trusts, bequests, endowments, contributions, grants 
and all other sources. 
 
31.  Audit  and  accounts .— (1)  The  accounts  of the  HSA  shall  be maintained i n such 
form and in such manner as may be prescribed. 
 
(2)  The teaching  departments,  constituent  colleges  and institutes  and all other bodies 
designated as such by the Syndicate in terms of statutes shall be independent cost centres of the HSA 
with authority  vested  in the head of each cost centre to sanction expenditure out of the budget allocated 
to it: 
 
Provided that re-appropriation  from one head of account to another may be  made  by the  head  
of a cost  centre  in accordance  with  and to  the extent prescribed by statutes. 
 
(3)  All  funds generated  by a teaching department,  constituent  college or other  unit of the  
HSA through  consultancy,  research  or other  provision  of service  shall be made  available  without 
prejudice to the  budgetary  allocation otherwise made, after   deduction  of  overheads   in   the   manner   
and  to  the extent prescribed by statutes, to the teaching department, constituent  college or other unit 
for its  development.   A part of the funds so generated may be shared with the HSA teachers  or 
researchers  in  charge of the consultancy,  research or service concerned in the manner and to the 
extent prescribed by statutes. 
 
(4)  No expenditure  shall  be made from funds of the  HAS,  unless  a bill for  its  payments  
has  been  issued  by the head  of the  cost  centre  concerned  in accordance   with  the    elevant   
statutes   and   the   Treasurer  has   verified   that allocation   for the  payment as  provided   for in the  
approved   budget  of the cost centre   is  available,  subject  to  authority   of head   of  the  cost   centre   
for  re- appropriation under proviso  to sub-section (2). 
 
 
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(5)  Provision hall be made for an internal audit of finances of the HSA.  
 
(6)  Without   prejudice   to   the   requirement  of audit   by   an   auditor appointed  by 
Government  in accordance with the  provisions  of any other law  for the time  being  in  force,  the 
annual  audited  statement of accounts of the  HSA shall   be   prepared    in   conformity   with  the   
generally    accepted    accounting principles    by  a   reputed   firm   of  chartered   accountants   and   
signed   by  the Treasurer,  The   annual   audited   statement   of accounts    so  prepared    shall   be 
submitted  to the Auditor  General  of Pakistan  for his observations. 
 
(7)  The observations  of the  Auditor  General  of Pakistan,  if any,  under sub -section  (6),  
together  with  such annotations  as the Treasurer  may make,  shall be considered by the Syndicate 
and shall be placed  before the Senate  within six months  of closing  of the financial year. 
 
CHAPTER  VII 
 
GENERAL PROVISIONS 
 
32.  Opportunity  to show cause.  Except  as  otherwise  provided   by this Act, the statutes,  
regulations and rules, no officer,  teacher  or other  employee of the  HSA  shall  be reduced   in rank  
or  pay  scale  or removed   or  dismissed or compulsorily retired  from  service  and nor be subjected 
to any  other  penalty  for cause  arising  out of any  act or omission  on part of the  person  concerned 
unless he has been given  a reasonable opportunity of showing  cause  for his defence. 
 
33.  Appeal  to the Syndicate and the  Senate . Where  an  order   is passed  punis hing any  
officer,  teacher  or other  employee of the  HSA  or altering or  interpreting to  his   disadvantage  the  
prescribed   terms   or  conditions of his service,  he shall, where  the order  is passed  by any officer 
or teacher  of the HSA, other than the Vice -Chancellor,  have the right to appeal  to the  Syndicate  
against the order and where the order  is  passed  by the Vice-Chancellor,  he shall have the right to 
prefer  appeal  before the Senate. 
 
(2)  All  regular  employees of HSA shall  retire from  service  on attaining sixty years  of age.  
 
34.  Transfer of officers, teachers and other employees to the HSA.  (1) Notwithstanding 
anything  contained  in any law, contract  or agreement  or in the con ditions of service,  all officers, 
teachers  and  other  employees  of the  Academy existing  immediately  before  the  commencement  
of this  Act,  including  officers, teachers and other employees  on deputation to other organizations 
within Pakistan or abroad, stand transferred to and become employees of the HSA, on the same terms 
and conditions including remuneration, tenure of service, rights and privileges as to pension  and  
gratuity and other  matters  applicable  to  them  immediately  before commencement of this  Act  until  
their  employment   in  the  HSA  is  tenninated  in accordance  with their conditions  of service or their 
terms and conditions  are altered by  regulations  which shall  not  be  less favorable  than  those  by  
which  they  were governed immediately  before their transfer to the HSA. 
 
(2)   No  adverse    change   shall   be   made   in  the   existing  terms   and conditions  of 
employment of the  officers,  teachers  and  other employees of the Academy on their  transfer under  
sub-section  (1)  in the employment of the  HSA on commencement of this Act. 
 
35.  Benefits and insurance .— (1)  The  HSA  shall  constitute  schemes, as  may  be 
prescribed,  for  benefit  of its officers,  teachers and  other  employees providing  for  post-employment  
benefits   as  well  as  health   and   life  insurance while  in service. 
 
 
Page 29 of 31 
 
(2)  Where    any   provident   fund   has   been   constituted   under   this Act,   the    provisions  
of  the  Provident Funds  Act,  1925  (XIX of 1925) sha ll apply to such funds as if it were the 
Government provident fund. 
 
36.  Commencement of term  of office of members  of Authority.  (1) When a member  of 
the  HSA  is   elected,   appointed   or nominated  his   term of office as  fixed  under this Act shal l 
commence  from such date as may be prescribed. 
 
(2)  Where  a member  who has  accepted   any  other assignment or  for any other  similar  
reason  remains  absent  from the  HSA  for  a period  of not  less than six months he shall be deemed  
to have resigned  and vacated  his seat. 
 
37.  Filling of casual vacancies in Authorities.— Any casual  vacancy among  the  members   
of any  Authority shall  be  filled,  as  soon  as  conveniently may  be, in  the  same  manner  and  by 
the  same  person  or  Authority empowered under  this Act  to appoint the member  whose  place has 
become  vacant  and the person  appointed  to the  vacancy   shall  be a member  of such  Authority for 
the residue  of the term  for which  the person  whose place  he fills would  have been a member. 
 
38.  Flaws in the constitution of Authorities.  Where there  is  a flaw in  the constitution  of 
an Authority, as constituted by this Act,  the  statutes  or the  regulations on account  f the abolition of 
a specified  office under Government or because  an organization,  institution  or other body  outside  
the  HSA  has  been  dissolved  or has ceased to function  or because of some other  similar  reason,  
such flaw shall be removed  in such manner  as the Senate  may direct. 
 
39.  Proceedings of Authorities not invalidated  by existence of vacancies. — No  act, 
resolution  or decision  of any Authority  shall  be invalid  by reason  of existence  of any vacancy  in 
the Authority  doing,  passing  or making  it or   by  reason   of  a ny   want   of  qualification    or   
invalidity   in   the   election, appointment or nomination of any  de  facto member  of the  Authority,   
whether present or absent. 
 
40.  First statutes and regulations.— Notwithstanding anything to the contrary  contained  in 
this Act, the President  of the Islamic Republic  of Pakistan shall  promulgate the  first  statues  and  
regulations  which  shall  be deemed  to  be statutes  and  regulations   made  under  sections 27  and  
28  respectively and  shall continue to remain  in  force  until amended  or repealed  or till  such time  
as new statutes  and regulations are made in accordance  with the provisions  of this Act. 
 
41.  Repeal   and   savings. (1)    The    Health    Services     Academy Ordinance,  2002  (LXI  
of 2002),  hereinafter called as the repealed  Ordinance,  is hereby  repealed. 
 
(2)  Notwithstanding the repeal  under sub-section (1),— 
 
(a)     everything     done,     action    taken,     obligations     or     liabilities incurred,   
rights   and   assets  acquired  and  held,  persons  appointed or   authorized,   
jurisdiction   or   powers   conferred,   endowments, bequests.  funds   or trusts   
created   and  held,  donations   or  grants made,     scholarships,     studentship     
or    exhibitions     instituted, affiliations or privileges  granted  and orders  issued  
under any of the provisions  of the repealed  Ordinance  shall,  if not inconsistent  
with the  provisions   of this  Act  or  the  statutes,  the  regulations  or  the rules  
male  under this Act,  be continued and,  so far as may be, be deemed   to have  
been respectively  done,  taken,  incurred,  acquired, held,  appointed,   
 
Page 30 of 31 
 
authorized,   conferred,   created.  made,   instituted, granted  and  issued under  
this Act  a nd any  documents referring  to any.· of  the   provisions    of  the  
repealed   Ordinance,    legislative instruments  or  the  statutes,  the  regulations   
and  the  rules   made under the  repealed  Ordinance  shall, so far as may be. be 
deemed  to refer to the corresponding provisions  of this Act or the statutes, the 
regulations and the rules made under this  Act; 
 
(b)     all  institutes,  colleges   or  other  constituent  units  of the  Academy functioning  
in  terms  of the provisions  of the  re pealed   Ordinance  shall  continue  to 
function  in  respect  of the  relevant   provisions  of the  repealed  Ordinance 
till  such  time   that   the   Senate   through statutes  has prescribed otherwise;  
and 
 
(c)     any  statutes,  regulations or rules  made  or  deemed   to have been made  under  
the  repealed  Ordinance shall,  if not  inconsistent  with the provisions of this 
Act,  be deemed to be the statutes,  regulations or  rules  made   under  this  Act  
having   regard   to  various   matters which by this  Act have to be regulated   or  
prescribed   by statutes, regulations and rules  respectively and shall continue  
to be in force until  they are  repealed,  rescinded  or modified  in  accordance 
with the provisions of this Act.                                           · 
 
42.  Transitory provisions.—(I)  Notwithstanding  anything contained in  this  Ac t,  upon  
commencement  of this Act  with respect  to the  Academy, the Senate  shall  be constituted and the  
members thereof,  except  the  HSA teachers, appointed   afresh  by the Chancellor in  accordance  with 
the  numbers  and  criteria for membership  specified in this Act.  As regards  the HSA teachers to be 
elected or appointed  to the Senate elections  shall be held as soon as possible.  In  all  other cases  HSA  
teachers   shall  be appointed   to  the  Senate  by the  Chancellor. The number  of  HSA  teachers  to  
be  elected  or  appointed   to  the  Senate  shall  be as provided   in  this  Act.  The  first  Senate  so 
constituted  shall  initiate,  as  soon  as possible,  process  for appointment of HSA teacher  and members 
of the  Syndicate and the Academic Council  in accordance with the terms of this Act. 
 
(2)  Notwithstanding    anything    contained     in    this    Act,    the    first  Vice-Chancellor 
shall  be appointed  by the Chancellor for a period  of three years. 
 
43.   Removal of difficulties. (1) If any question arises  as to the interpretation  of any  of the 
provisions  of this  Act, it shall  be placed  before  the Chancellor whose  decision  thereon  shall be 
final. 
 
(2)  If any difficulty arises  in  giving  effect to any  of  the  provisions   of this  Act,  the  
Chancellor may  make  such  order  after  obtaining the  views  of the Senate,  not inconsistent with 
the provisions  of this  Act, as may appear  to him to be necessary  for removing the difficulty. 
 
(3)  Where   this Act  makes   any  provision   for  anything   to  be done but no   provision     or    
no sufficient   provision  has  been  made  as  respects  the authority by whom,  or the time at which or 
the manner  in which,  it shall be done, then it  shall  be done by  such  authority, at  such time  or  in  
such manner as the Chancellor may direct after obtaining  views of the Senate. 
 
44.  Indemnity. No   suit  or  legal   proceedings   shall   lie   against   the  Government, the 
Academy,  the HSA or any Authority, officer or employee  of the  Govenment or the Academy,  the 
 
Page 31 of 31 
 
HSA or any other person  in  respect  of anything which  is done in good with, or deemed to have been 
done, under this Act. 
 
45.  Power to  allow appointment of employees of the Governme nt, other universities or 
educational   or  research  institutions  to  the  HSA. — (1) Notwithstanding   anything   contained    
in   this  Act, the  Senate  may, on the advice of the Syndicate  and on such  terms  as the Senate  may 
specify,  allow  any post  in the  HSA  to be filled  by appointment  of an employee  of the Government 
or any other  university  or educational  or research  institution. 
 
(2)  Where   any  appointment  has  been  made   under   this  section,   the terms  and conditions 
of service  of the appointee shall  not be less favourable than those  admissible to him  immediately  
before  such  appointment and  he shall  be entitled  to all  benefits   of his post of service.