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National Defense University Act (NDU) , 2011

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THE NATIONAL DEFENCE UNIVERSITY ACT, 2011

THE NATIONAL DEFENCE UNIVERSITY ACT, 2011

ACT No. XIII OF 2011 [14th May, 2011]

An Act to provide for the establishment of the National DEFENCE University at Islamabad

WHEREAS, in view of the everlasting need of an apex institution to impart higher education in the fields of national DEFENCE and security to meet contemporary and future challenges and to promote our national interests, it is imperative to establish a world class seat of learning to disseminate knowledge related to strategy, statecraft, security, management and other relevant areas of study and to provide for matters connected therewith or ancillary thereto. It is hereby enacted as follows:

CHAPTER_I PRELIMINARY

Section 1. Short title and commencement

(1) This Act m a y be c a l l e d t h e N a t i o n a l DEFENCE University Act, 2011.

(2) It shall come into force at once, and shall be deemed to have taken effect on the 5th day of June, 2007.

Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context,

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

(b) “Affiliated College or Institute” means an education institution affiliated to the University but not maintained or administered by it;

(c) “Authority” means any of the authorities of the University specified or set up under section 15;

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

(e) “Commandant” means the head of the constituent or affiliated college;

(f) “College” means a college constituted or affiliated with the University;

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

(h) “Constituent College or Institute” means an educational institution, by whatever name described, maintained and administered by the University;

(i) “Dean” means the head of a Faculty or the head of an academic body granted the status of a Faculty by this Act or by the Statutes or Regulations;

(j) “Director­General “ means the head of the constituent or affiliated institute;

(k) “Department” means a teaching department maintained and administered, or recognized by the University in the manner prescribed;

(l) “Faculty” means an administrative and academic unit of the University consisting of one or more departments, as prescribed;

(m) “Government” means the Federal Government;

(n) “National DEFENCE College” means the National DEFENCE College established under the Government of Pakistan Resolution No. NDC/ 102/ I/A dated the 16th March 1971;

(o) “prescribed” means prescribed by Statutes, Regulations or Rules made under this Act;

(p) “President” means President of the University appointed under section 10;

(q) “Representation Co mmittees” means the Representation Committees constituted under section 23;

(r) “Review Panel” means the Review 'Panel set up by the Chancellor in accordance with the provisions of section 8;

(s) “Statutes”, “Regulations” and “Rules” means respectively the Statutes, the Regulations and the Rules made under this Act;

(t) “Senate” means the Senate of the University;

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

(v) “Teachers” include Professors, Directing Staff (DS), Associate Professors, Assistant Professors and Lecturers engaged whole­time by the University or by a constituent or affiliated college and such other persons as may be declared to be the teachers by regulations;

(w) “University” means the National DEFENCE University (NDU) established under this Act; and

(x) “University Teacher” means a whole­time teacher appointed and paid by the University or recognized by the University as such. CHAPTER_II THE UNIVERSITY

Section 3. Establishment and incorporation of the University

(1) There shall be established a University to be called the National DEFENCE University which shall consist of the following, namely:—

(a) The Chancellor, the members of the Senate, and the President;

(b) the members of the authorities of the University established under section 15;

(c) all University teachers and persons recognized as students of the University in accordance with terms prescribed from time to time; and

(d) all other full­time officers and members of the staff of the University.

(2) The University shall be a body corporate by the name of the National DEFENCE University, having perpetual succession and a common seal, and may sue and be sued by the said name.

(3) The principal seat of the University shall be at Islamabad and it may set up any number of campuses, colleges and institutes at such places in Pakistan and abroad as the Senate may, from time to time, determine in accordance with the prescribed procedure and applicable laws.

(4) The University shall be competent to acquire and hold the 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) The University shall have academic, financial and administrative autonomy, including the power to employ officers, teachers and other employees on such terms as may be prescribed, subject to the provisions of this Act and the Higher Education Commission Oridnance 2002 (LIII of 2002).

(6) in particular and without prejudice to the authority granted to the Commission by the 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 University.

Section 4. Purposes and powers of the University

The University shall have the following purposes and powers, namely:—

(i) 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;

(ii) to prescribe courses of studies to be conducted by it and the colleges;

(iii) to hold examinations and to award and confer degrees, diplomas, certificates and other academic distinctions to and on persons who have been admitted to and have passed its examinations under prescribed conditions;

(iv) to prescribe the terms and conditions of employment of the officers, teachers and other employees of the University and to lay down terms and conditions that may be different from those applicable to government servants in general;

(v) to engage where necessary persons on contracts of specified duration and to specify the terms of each engagement;

(vi) to confer honorary degrees or other distinctions on approved persons in the manner prescribed;

(vii) to provide for such instruction for persons not being students of the University as it may prescribe, and to grant certificates and diplomas to such persons;

(viii) to institute programmes for the exchange of students and teachers between the University and other universities, educational institutions and research organizations, inside as well as outside Pakistan;

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

(x) to maintain linkages with alumni;

(xi) to develop and implement fund raising plans;

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

(xiii) to confer degrees on persons who have carried on independent research under prescribed conditions;

(xiv) to affiliate and disaffiliate educational institutions under prescribed conditions;

(xv) to inspect colleges and other educational institutions affiliated or seeking affiliation with it;

(xvi) to accept the examinations passed and the period of study spent by students of the University at other universities and places of learning equivalent to such examinations and periods of study in the University, as it may prescribe, and to withdraw such acceptance;

(xvii) to co­operate 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;

(xviii) to institute professorships, associate professorships, assistant professorships and lectureships and any other posts and to appoint persons thereto;

(xix) to create posts for research, extension, administration and other related purposes and to appoint persons thereto;

(xx) to recognize selected members of the teaching staff of affiliated colleges or educational institutions admitted to the privileges of the University or such other persons as it may deem fit, as University teachers;

(xxi) to institute and award financial assistance to students in need, fellowships, scholarships, bursaries, medals and prizes under prescribed conditions;

(xxii) to establish teaching departments, colleges, faculties, institutes, workshops, libraries, museums and other centres of learning for the development of teaching and research and to make such arrangements for their maintenance, management and administration as it may prescribe;

(xxiii) to provide for the residence of the students of the University and the colleges, to institute and maintain halls of residence and to approve or license hostels and lodging;

(xxiv) to maintain order, discipline and security on the campuses of the University and the colleges;

(xxv) to promote the extra curricular and recreational activities of such students, and to make arrangements for promoting their health and general welfare;

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

(xxvii) to make provision for research, advisory or consultancy services and with these ob jects to enter into arrangements with other institutions, public or private bodies, commercial and industrial enterprises under prescribed conditions;

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

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

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

(xxi) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite or expedient in order to further the objectives of the University as a place of education, learning, and research.

Section 5. University open to all classes, creeds, etc

(1) The University shall be open to all persons of either gender and of whatever religion race creed, class, colour or domicile who qualify for admission to the courses of study offered by the University based on the criteria determined by the Syndicate and no person shall be denied the privileges of the University on the ground only 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 shall not be made except in special circumstances and only with the approval of the Chancellor.

(3) The University shall institute financial aid programmes for students in need, to the extent considered feasible by the Senate given the resources available, so as to enable admission and access to the University and the various opportunities provided by it to be based on merit rather than ability to pay:

Provided that the University may institute self­finance schemes not covering more than ten percent of the total number of candidates in any on­campus taught course or research­based programmer of study.

Section 6. Teaching at the University

(1) All recognized teaching in various courses shall be conducted by the University or the colleges in the prescribed manner and may include lectures, tutorials, discussions, seminars, demonstrations, distance learning and other methods of instruction as well as practical work in the workshops and other governmental or private organizations.

(2) The authority responsible for organizing recognized teaching shall be such as may be prescribed. CHAPTER-III OFFICERS OF THE UNIVERSITY

Section 7. Principal Officers

The following shall be the principal officers of the University, namely:—

(a) the Chancellor;

(b) the President;

(c) the Deans;

(d) the Commandants or the Director­Generals of the constituent colleges and institutes;

(e) the Chairpersons or Chief Instructors of teaching departments;

(f) the Registrar;

(g) the Controller of Examinations;

(h) the Director Administration;

(i) the Director Finance; and

(j) such other persons as may be prescribed by the Statutes or Regulations to be the principal officers of the University.

Section 8. The Chancellor

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

(2) The Chancellor shall, when present preside at the meetings of the Senate and the Convocation of the University. In the absence of Chancellor the Senate may request a person of eminence or President to preside over the convocation of the University.

(3) The members of the Senate shall be appointed by the Chancellor from amongst the persons recommended by the Representation Committee set up for this purpose under sub­section (1) of section 23 along with those elected.

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

(5) If the Chancellor is satisfied that a serious irregularity or mismanagement with respect to the affairs of the University has occurred, he may,

(a) as regards proceedings of the Senate direct that specified proceedings be reconsidered and appropriate action taken within one month of the direction having been issued:

Provided that if the Chancellor is satisfied that either no reconsideration has been carried out or that the reconsideration has failed to address the concern expressed he may, after calling upon the Senate to show cause in writing, appoint a five member review panel to examine and report to the Chancellor on the functioning of the Senate. The report of the review panel shall he submitted within such time as may he prescribed by the Chancellor. The review panel shall be drawn from persons of eminence to academics and in the fields of DEFENCE and Security, law, accountancy and administration; and

(b) as regards proceedings of any Authority or with respect to matters within the competence of any Authority other than the Senate, direct the Senate to exercise powers under section 17.

Section 9. Removal from the Senate

(l) The Chancellor may, upon the recommendation of the review panel, remove any person from the membership of the Senate on 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 the performance of functions;

(2) The Chancellor shall remove any person from the membership of the Senate on a resolution calling for the removal of such person supported by at least three­fourths of the membership of the Senate:

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 President in his capacity as a member of the Senate.

Section 10. The President

(1) There shall be a President of the University who shall be a senior military officer from Pakistan Army and shall be appointed on such terms and conditions as may be prescribed.

(2) The President shall be the chief executive officer of the University responsible for all administrative and academic functions of the University and for ensuring that the provisions of the Act, Statutes, Regulations and Rules are faithfully observed in order to promote the general efficiency and good order of the University. The President shall have all powers prescribed for this purpose including administrative control over the officers, teachers and other employees of the University.

(3) The President shall, if present, be entitled to attend any meeting of any Authority or body of the University.

(4) The President may ,in an emergency that in his opinion requires immediate action ordinarily not in the competition of the President, take such action and forward, within seventy­two hours, a report of the action taken to the members of the Emergency Committee of the Senate, to be set up by Statute the Emergency Committee may direct such further action as is considered appropriate.

(5) The President shall also have the following powers, namely:

(a) to direct teachers, officers and other employees of the University to take up such assignments in connection with examination, administration and such other activities in the University as he may consider necessary for the purposes of the University;

(b) to sanction by re­appropriation 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 University and in such manner as may be prescribed by the Statutes;

(d) to suspend, punish and remove, in accordance with prescribed procedure, from service officers, teachers and other employees of the University except those appointed by or with the 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 University; and

(f) to exercise and perform such other powers and functions as may be prescribed.

(6) The President shall present an annual report before the Senate within three months of' the close of the academic year. The annual report shall present such information as regards the academic year under review as may be prescribed, including disclosure of all relevant facts pertaining to—

(a) academics;

(b) research;

(c) administration; and

(d) finances.

(7) The President's annual report shall be made available, prior to its presentation before the Senate, to all officers and University teachers and shall be published in such numbers as are required to ensure its wide circulation.

Section 11. Appointment and removal of the President

(1) Whenever the office of the President fails vacant, or is likely to fall vacant, the Chief of the Army Staff shall recommend a suitable officer selected through a search process for approval by the Chancellor for appointment as the President.

(2) The President shall be appointed for a renewable tenure of five years or less on terms and conditions prescribed by the Statutes. The tenure of an incumbent President shall be renewed by the Chancellor on recommendations of Chief of the Army Staff.

(3) At any time when the office of the President is vacant or the President is absent or is unable to perform the functions of his office due to illness or some other cause, the Senate shall make arrangements in accordance with the Statutes for the performance of the duties of the President.

Section 12. Registrar

(l) There shall be a Registrar of the University who shall be appointed by the Senate on the recommendation of the President, on such terms and conditions as may be prescribed.

(2) The experience as well as the professional and academic qualifications necessary for appointment to the post of the Registrar shall be such as may be prescribed.

(3) The Registrar shall be a full­time officer of the University and shall,

(a) be the administrative head of the secretariat of the University and be responsible for the provision of secretariat support to the Authorities of the University;

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

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

(d) supervise the process of election, appointment of nomination of members to the 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, unless renewed, be for a period of three years:

Provided that the Senate may, on the advice of the President, terminate the appointment of the Registrar on ground of inefficiency or misconduct in accordance with prescribed procedure.

Section 13. Director Finance

(1) There shall be a Director Finance of the University who shall be appointed by the Senate on the recommendation of the President on such terms and conditions as may be prescribed.

(2) The experience and the professional and academic qualifications necessary for appointment to the post of the Director Finance shall be as may be prescribed.

(3) The Director Finance 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 them to the Syndicate or a committee thereof for approval and incorporation in the budget to he presented to the Senate;

(c) ensure that the funds of the University are expended on the purposes for which they are provided;

(d) have the accounts of the University audited annually so as to be available for submission to the Senate within six months of the close of the financial year; and

(e) perform such other duties as may be prescribed.

(4) The term of office of the Director Finance shall, unless renewed, be for a period of three years:

Provided that the Senate may, on the advice of the President terminate the appointment of the Director Finance on grounds of inefficiency or misconduct in accordance with prescribed procedure.

14 Controller of Examinations. —(1) There shall be a Controller of Examinations, to be appointed by the Senate on the recommendation of the President, on such terms and conditions as may be prescribed.

(2) The minimum qualifications necessary for appointment to the post of the Controller of Examinations shall be as may be prescribed.

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

(4) The Controller of Examinations shall be appointed for a renewable term of three years:

Provided that the Senate may, on the advice of the President, terminate the appointment of the Controller of Examinations on grounds of inefficiency or misconduct in accordance with prescribed procedure.

CHAPTER_IV AUTHORITIES OF THE UNIVERSITY

Section 15. Authorities

(1) The following shall be the authorities of the University, namely:

(i) the Senate;

(ii) the Syndicate;

(iii) the Academic Council;

(iv) the Advanced Studies and Research Board;

(v) the Board of Faculty;

(vi) the Board of Studies;

(vii) the Finance and Planning Committee;

(viii) the Representation Committees for appointment to the Senate, Syndicate and the Academic Council in accordance with relevant provision of the Act;

(ix) the Selection Board; and

(x) such other authorities as may be constituted by the Senate.

(2) The Senate, the Syndicate and the Academic Council may set up such other committees or sub­committees, by whatever name described, as are considered desirable through Statutes or Regulations as appropriate. Such committees or sub­committees shall be Authorities of the University for the purposes of this Act.

Section 16. Senate

(1) The Senate shall be responsible for governance, general supervision and control of the affairs including laying down broad policies of the University and shall consist of the following, namely:

(a) the Chancellor who shall be the chairperson of the Senate;

(b) the President;

(c) the Chairman Joint Chiefs of Staff Committee, the Chief of the Army Staff, the Chief of the Naval Staff and the Chief of the Air Staff or their nominees;

(d) not less than one member of the Government not below the tank of Additional Secretary from the Ministry of Education or any other department relevant to the special focus of the University;

(e) four persons from society at large being persons of distinction in the fields of defence and security, strateg,y statecraft, administration and management, such that the appointment of these persons reflects a balance across the various fields:

Provided that the special focus or affiliation of the University, to be declared in the manner prescribed, may be reflected in the number of persons of distinction in an area of expertise r elevant to the University who are appointed to the Senate;

(f) one person from amongst the alumni of the University;

(g) two persons from the academic community of the country, other than an employee of the University, at the level of professor or principal of a college;

(h) four University Teachers; and

(i) one person nominated by the Commission.

(2) The numbers of the members of the Senate described against clauses (f) to (i) of sub­section (1) may be increased by the Senate through Statutes subject to condition that the total membership of the Senate does not exceed twenty­one, with a maximum of five University Teachers and the increase is balanced to the extent possible, in proportion to different categories specified in sub­section (1).

(3) All appointments to the Senate shall be made by the Chancellor, Appointments of persons described in clauses (f) and (g) of sub­section (1) shall he made from amongst a panel of three names for each vacancy recommended by the Representation Committee set up in terms of section 23 and in accordance with procedure as may be prescribed:

Provided that effort shall be made, without compromising on quality or qualification, to give fair representation to women on the Senate:

Provided further that as regards the University Teachers described in clause (h) of sub­section

(1) the Senate shall prescribe a procedure for appointment on the basis of elections that provide for voting by the various categories of University Teachers:

Provided also that the Senate may alternatively prescribe that appointment of University Teachers to the Senate shall also be in the manner provided by this sub­section for the persons described in clauses (f) and (g) of sub­section (1).

(4) Members of the Senate, other than ex­officio members, shall hold office for three years. One­ third of the members, other than ex­officio members, of the first restructured Senate, to be determined by lot, shall retire from office on the expiration of one year from the date of appointment by the Chancellor. One­half of the remaining members, other than ex­officio members, of the first restructured Senate, to he determined by lot, shall retire from office on the expiration of two years from the date of appointment and the remaining one­half, other than ex­officio members, shall retire from office on the expiration of the third year:

Provided that no person, other than an ex­officio member, may serve on the Senate for more than two consecutive terms:

Provided further that the University 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 but actual expenses may be reimbursed as prescribed.

(7) The Registrar shall be the secretary of the Senate.

(8) In the absence of the Chancellor meetings of the Senate shall be presided over by the senior most serving military officer from amongst the members of the Senate, not being an employee of the University as the Chancellor may, from time to time, nominate. The member so nominated shall be the convener of the Senate.

(9) Unless otherwise prescribed by this Act, all decisions of the Senate shall be taken on the basis of the opinion of a majority of the members present. In the event of the members being evenly divided on any matter the person presiding over the meeting shall have a casting vote.

(10) The quorum for a meeting of the Senate shall be two­thirds of its membership, a fraction being counted as one.

Section 17. Powers and functions of the Senate

(1) The Senate shall have the powers of general supervision over the University and shall hold the President and the Authorities accountable for all the functions of the University. The Senate shall have all powers of the University 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 the 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 the revised budget, the annual report and the annual statement of the account;

(b) to hold control and lay down policy for the administration of the property, funds and investments by the University, including the approval of the sale and purchase or acquisition of immovable property;

(c) to oversee the quality and relevance of the University's academic programmes and to review the academic affairs of the University in general;

(d) to approve the appointment of the Deans, Professors, Associate Professors and such other senior faculty and senior administrators as may be prescribed;

(e) to institute schemes, d irections and guidelines for the terms and conditions of appointment of all officers, teachers and other employees of the University;

(f) to approve strategic plans;

(g) to approve financial resource development plans of the University;

(h) to consider the drafts of Statutes and Regulations proposed by the Syndicate and the Academic Council and deal with them in the manner as provided for in sections 25 and 26, as the case may be:

Provided that the Senate may make a Statute or Regulation on its own initiative and approve it after calling for the 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 after calling upon such Authority or officer to show cause why such proceedings should not be annulled;

(j) to recommend to the Chancellor removal of any member of the Senate in accordance with the provisions of this Act;

(k) to make appointments of members of Syndicates, in accordance with the provisions of this Act;

(l) to make appointments of the members of Academic Council, other than ex­officio members, in accordance with the provisions of this Act;

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

(n) to remove any person from the membership of any authority if such person

(i) has become of unsound mind; or

(ii) has become incapacitated to function as member of such Authority; or

(iii) has been convicted by a court of law for an offence involving moral turpitude; and

(o) to determine the form, provide for the custody and regulate the use of the common seal of the University.

(3) The Senate may, subject to the provisions of this Act, delegate all or any of its powers and functions of any Authority, officer or employee of the University 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 campus.

Section 18. Visitations

The Senate may, in accordance with terms and procedures as may be prescribed, cause an inspection to be made in respect of any matter connected with the University.

Section 19. Syndicate

(1) There shall be a Syndicate headed by the President to formulate rules, r egulations and statutes and so on, for day to day functioning of the University, within the framework of policies laid down by the Senate. Other members of the committee would consist of

(a) the President who shall be its Chairperson;

(b) the Deans of Faculties of the University;

(c) Heads of the constituent colleges and institutes;

(d) three professors or directing staff from different departments who are not members of the Senate to be elected by the University Teachers in accordance with procedure to be prescribed by the Senate;

(e) the Registrar;

(f) the Director Finance; and

(g) the Controller of Examinations.

(2) Members of the Syndicate, other than ex­officio members, shall hold office for three years.

(3) As regards three professors specified in clause (d) of sub­section (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 23. Appointment of persons proposed by the Representation Committee may be made by the Senate on the recommendation of the President.

(4) The quorum for a meeting of the Syndicate shall be one­half 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.

Section 20. Powers and duties of the Syndicate

(1) The Syndicate shall be the executive body of the University and shall, subject to the provisions of this Act and the Statutes, exercise general supervision over the affairs and management of the University.

(2) Without prejudice to the generality of the foregoing powers and subject to the provisions of this Act, the Statutes and directions of the Senate, the Syndicate shall have the following powers namely: —

(a) to consider annual report, the annual and revised budget estimates and to submit these to the Senate;

(b) to transfer and accept transfer of moveable property on behalf of the University;

(c) to enter into, vary, carry out and cancel contracts on behalf of the University;

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

(e) to invest any money belonging to the University including any un­applied income in any of the securities describe in section 20 of the Trusts Act, 1882 (Act II of 1882), or in the pur chase of immovable property or in such other manner, as it may prescribe, with the like power of varying such investment;

(f) to receive and manage any property transferred and grants, bequests, trust, Gifts donations, endowments, and other contributions made to the University;

(g) to administer any funds placed at the disposal of the University for specified purposes;

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

(i) to establish and maintain halls of residence and hostels or approve or license hostels or lodging for the residence of students;

(j) to recommend to the Senate affiliation or disaffiliation of the colleges;

(k) to recommend to the Senate admission of educational institutions to the privileges of the University and withdraw such privileges;

(l) to arrange for the inspection of the 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 other posts as may be necessary;

(o) to prescribe the duties of officers, teachers and other employees of the University;

(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 drafts of the Statutes for submission to the Senate;

(s) to regulate the conduct and discipline of the students of the University;

(t) to take actions necessary for the good administration of the University 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 the Statutes.

Section 21. Academic Council

(1) There shall be an Academic Council, which would lay down academic policies, decide on the syllabi and curricula of various courses at the university and the affiliated institutions to ensure excellence and the requisite joint­ness in training activities. The Academic Council of the University will consist of the following, namely:

(a) the President who shall be its Chairman;

(b) the Deans of Faculties and Heads of Colleges and Departments as may be prescribed;

(c) five members representing the departments, institutes and the constituent colleges to be elected in the manner prescribed by the Senate;

(d) two Heads of affiliated colleges;

(e) five Professors including Emeritus Professors;

(f) the Registrar;

(g) the Controller of Examinations; and

(h) the Librarian.

(2) The Senate shall appoint the members of the Academic Council on the recommendation of the President:

Provided that as regards the five 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 23. Appointment of persons proposed by the Representation Committee shall be made by the Senate on the recommendation of the President.

(3) The Academic Council shall act as an advisory and implementing body for the decisions of the Syndicate on all matters relating to the conduct of examinations, conferment of degrees, revision and updating of course syllabi, quality of education and duration of all courses including conduct of postgraduate classes in specified disciplines.

(4) The Academic Council shall also assist the President in evaluating, proposing and coordinating research and development projects at respective institutes and colleges both constituent and affiliated.

(5) Members of the Academic Council shall hold office for three years.

(6) The Academic Council shall meet at least once in each quarter.

(7) The quorum for meetings of the Academic Council shall be one­half of the total number of members, a fraction being counted as one.

Section 22. Powers and functions of the Academic Council

(1) The Academic Council shall be the principal Academic body of the University and shall, subject to the provisions of this Act and the Statutes, have the power to lay down proper standards of instruction, research and examinations and to regulate and promote the academic life of the University and the colleges.

(2) Without prejudice to the generality of the forgoing 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 the quality of academic programmes;

(b) approve academic programmes;

(c) approve the policies and procedures pertaining to the student related functions including admissions, expulsions, punishments, examinations and certification;

(d) approve the policies and procedures assuring quality of teaching and research;

(e) recommend the policies and the 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 University after receiving panels of names from the relevant authorities;

(h) institute programmes for the continued professional development of University teachers at all levels;

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

(j) regulate the award of studentship, scholarships, exhibitions, medals and prizes;

(k) frame regulations for submission to the Senate;

(l) prepare an annual report on the academic performance of the University; and

(m) perform such functions as may be prescribed by Regulations.

Section 23. Representation Committees

(l) There shall be Representation Committees constituted by the Senate through Statutes to recommend persons for appointment to the Senate in accordance with the provisions of section 16.

(2) There shall also be a Representation Committee constituted by the Senate through Statute to recommend persons for appointment to the Syndicate and the Academic Council in accordance with the provisions of sections 19 and 21.

(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 University Teachers;

(b) two persons nominated by the University Teachers from amongst themselves in the manner prescribed;

(c) one person from the academic community, not employed by the University, at the level of prof essor or college head to be nominated by the University Teachers in the manner prescribed; and

(d) one eminent citizen with experience in administration, philanthropy, development work, law of accountancy to be nominated by the Senate.

(4) The Representation Committee for the appointment to the Syndicate and the Academic Council shall consist of the following, namely: —

(a) two members of the Senate who are not University Teachers;

(b) three persons nominated by the University Teaches from amongst themselves in the manner prescribed.

(5) The tenure of the Representation Committee shall be three years:

Provided that no member shall serve for more than two consecutive terms.

(6) The procedures of the Representation Committee shall be such as may be prescribed.

(7) There may also be such other Representations Committees set up by any of other Authorities of the University as are considered appropriate, for recommending p ersons for appointments to the various Authorities and other bodies of the University.

Section 24. 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 constitutions, 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

Section 25. Statutes

(1) Subject to the provisions of this Act, Statutes may be made to regulate or prescribe all or any of the following matters, namely: —

(a) the contents of and the manner in which the annual report to be presented by the President before the Senate shall be prepared;

(b) the University fees and other charges;

(c) the constitution of any pension, insurance, gratuity, provident fund and benevolent fund for University employee;

(d) the scales of pay and other terms and conditions of service of officers, teachers and other University employees;

(e) the maintenance of the register of registered graduates;

(f) affiliation and disaffiliation of educational institutions and related matters;

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

(h) the establishment of Faculties, departments, institutes, colleges and other academic divisions;

(i) the powers and duties of officers and teachers;

(j) conditions under which the University may enter into arrangements with other institutions or with public bod ies for purposes of research and advisory services;

(k) conditions for appointment of Emeritus Professors and award of honorary degrees;

(l) efficiency and discipline of University employees;

(m) the constitution and procedure to be followed by Representation Committees in carrying out functions in terms of this Act;

(n) the constitution, functions and powers of the Authorities of the University; and

(o) 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 proposed by the Syndicate to the Senate which approve or pass with may such modifications as the Senate may think fit or may refer hack to the Syndicate, as the case may be, for reconsideration of the proposed draft:

Provided that Statutes concerning any of the matters mentioned in clauses (a) and (1) of sub­section (1) shall be initiated and approved by the Senate after seeking the views of the Syndicate:

Provided further that the Senate may initiate a Statute with respect to any matter in its power or with respect to which a Statute may be framed in terms of this Act and approve such Statute after seeking the views of the Syndicate.

Section 26. Regulations

(1) Subject to the provisions of this Act and the Statutes, the Academic Council may make regulations to be published in official Gazette, for all or any of the following matters, namely: —

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

(b) the manner in which the teaching referred to in sub­section (1) of section 6 shall be organized and conducted;

(c) the admission and expulsion of students to and from the University;

(d) the conditions under which students shall be admitted to the courses and the examinations of the University and shall become eligible for the award of degrees, diplomas and certificates;

(e) the conduct of examinations;

(f) the conditions under which a person may carry on independent research to entitle him to a degree;

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

(h) the use of the Library;

(i) the formation of Faculties, departments and board of studies; and

(j) all other matters which by the Act or the Statutes are to be or may be prescribed by Regulations.

(2) Regulations shall be proposed by the Academic Council and shall be submitted to the Senate which may approve them or withhold approval or refer them back to the Academic Council for reconsideration. A Regulation proposed by the Academic Council shall not be effective unless it receives the approval of the Senate.

(3) Regulations regarding or incidental to matter contained in clauses (g) and (i) of sub­section

(1) shall not be submitted to the Senate without the prior approval of the Syndicate.

Section 27. Amendment and repeal of Statues and Regulations

The procedure for adding to,amending or repealing the Statutes and the Regulations shall be the same as that prescribed respectively for making Statutes and Regulations.

Section 28. Rules

(1) The Authorities and the other bodies of the University may make Rules, to be published in official Gazette, consistent with this Act, Statutes or the Regulations, to regulate any matter relating to the affairs of the University which has not been provided for by this Act, or that is not required to be regulated by Statutes or Regulation, including rules to regulate the conduct of business and the time and place of meeting and related matters.

(2) Rules shall become effective upon approval by the Syndicate.

CHAPTER_VI UNIVERSITY FUND

Section 29. University fund

(1) The University shall have a fund to which shall be credited all direct donations, trusts, bequests, endowments, grants, proportionate grant from the Federal Government, Joint Staff Headquarters, Ministry of Defence, Higher Education Commission, Ministry of Education, assistance from international agencies, contributions, shares of fee and income from any other source.

(2) The present recurring and non­recurring grants being allocated by the Ministry of Defence to the National Defence College immediately in existence before the commencement of this Act,

shall continue to be allocated in future to the National Defence University, with suitable upward adjustments from time to time.

(3) All expenditure of the University shall be met within the sanctioned budget of the University or as approved by the Syndicate.

Section 30. Audit and accounts

(l) The accounts of the University shall be maintained by Director Finance in 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 University with authority vested in the head of each cost centre to sanction expenditure out of the budget allocated to it:

Provided that re­appropriation from one head of expenditure to another may be made by the head of a cost centre in accordance with and to the extent prescribed by the Statutes.

(3) All funds generated by a teaching department, constituent college or other unit of the University through consultancy, research or other provision of service shall be made available without prejudice to the budgetary allocation otherwise made, after deduction of over heads in the manner and to the extent prescribed by Senate, to the teaching department, constituent college or other units for its development. A part of the funds so generated may be shared with the University teachers or researchers in charge of the consultancy research or service concerned in the manner and to the extent prescribed by the Statute.

(4) No expenditure shall be made from the funds of the University, unless a bill for its payments has been issued by the head of the cost centre concerned in accordance with the relevant Statutes and the Director Finance has verified that the payment is provided for in the approved budget of the cost centre, subject to the authority to re­appropriate available to the head of the cost centre.

(5) Provision shall be made for an internal audit of the finances of the University.

(6) Without prejudice to the requirement of audit by any auditor appointed by Government in.accordance with the provision of any other law in force, the annual audited statement of account shall be prepared in conformity with the Generally Accepted Accounting Principles (GAAP) by a reputed firm of charted accountants and signed by Director Finance. 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, together with such annotations as the Director Finance may make, shall be considered by the Syndicate and shall be placed before the Senate within six months closing of the financial year.

CHAPTER­VII GENERAL PROVISIONS

Section 31. Opportunity to show cause

Except as otherwise provided, no officer, teacher or other employee of the University holding a permanent post shall be reduced in rank or removed or compulsorily retired from service unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken.

Section 32. Appeal to the Syndicate and the Senate

Where an order is passed imposing penalty on any officer (other than the President), teacher or other employee of the University 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 University other than the President, have the right to appeal to the Syndicate against the order and, where the order is passed by the President, have the right to appeal to the Senate.

Section 33. Service of the University

(1) All persons employed by the University in accordance with the terms and conditions of service prescribed by Statutes shall be persons in the service of Pakistan for the purposes of any court or tribunal set up by law in terms of Article 212 of the Constitution of the Islamic Republic of Pakistan:

Provided that any provision as regards the terms and the conditions of the employment of persons in the service of Pakistan in general or in comparable employment notwithstanding the service of persons employed by the University shall be entirely governed by the terms and conditions prescribed by the relevant Statutes.

(2) An officer, teacher or other employee of the University shall retire from service on the attainment of such age or tenure of service as may be prescribed.

(3) No adverse change shall be made in the terms and conditions of employment of any University Teacher in the employment of the University from the commencement of this Act.

(4) Persons above the age of sixty years may be re­employed on contract in the manner prescribed by the Senate, in conformity with the Government rules and regulations

Section 34. Benefits and insurance, gratuity, provident fund and benevolent fund

(1) The University shall constitute for the benefit of its officers teachers and other employees schemes, as may be prescribed, for the provision of post­employment benefits as well as health and life insurance while in service.

(2) Where any provident fund which has been constituted under this Act, the provisions of the Provident Funds Act, 1925 (XIX of 1925), shall apply to such fund as if it were the Government­ Provident Fund.

Section 35. Commencement of term of office of members of Authority

(1) When a member of a newly constituted Authority is appointed or nominated, his terms of office as fixed under this Act, shall 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 University for a period of not less than six months, he shall be deemed to have resigned and vacated his seat.

Section 36. Filling of casual vacancies in authorities

Any casual vacancy in the appointment or nominated member of any Authority shall be filled, as soon as conveniently may be, by the person or the body who appointed or nominated the member whose position has become vacant and the person appointed or nominated to the vacancy shall be member of such Authority for the residue of the term for which the person whose place he fills would have been a member.

Section 37. Flaws in the constitution of authorities

Where there is flaw in the constitution of an Authority, as constituted under this Act, the Statutes or the Regulations on account of abolition of a specified office under Government or because an organization, institution or other body outside the University 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.

Section 38. Proceedings of authorities not invalidated by the vacancies

No act, resolution nor decision of any Authority shall be invalid by reason of any vacancy in the Authority doing, passing or making it or by reason of any want of qualification or invalidity in the election, appointment or nomination of any de facto member of the Authority, whether present or absent.

Section 39. First Statutes and Regulations

Notwithstanding anything to the contrary contained in theAct, the President of Islamic Republic of Pakistan shall pro mulgate the first Statutes and Regulations which shall be deemed to be Statutes and Regulations framed under sections 25 and 26 and shall continue to remain in force unless amended.

Section 40. Repeal and Savings

Upon the commencement of this Act

(a) the Government of Pakistan's Resolution, u.o No NDC/102/I/A, dated the 16th March 1971, shall stand repealed;

(b) all funds, assets, properties, rights and interests of whatsoever kind issued, used, enjoyed, o wned or vested in National Defence College, in existence immediately before such commencement and any liabilities subsisting against the aforesaid National Defence College shall stand transferred to the University established under this Act;

(c) all persons serving in connection with the affairs of the aforesaid National Defence College shall stand transferred to the University established under this Act and become employees of the University on the same terms and conditions to which they were entitled before such commencement;

(d) the person holding the Office of Commandant in the National Defence College, in existence immediately before such commencement, shall stand transferred to and appointed as the President of the National Defence University established under this Act;

(e) everything done, action taken, obligations or liabilities incurred, rights and assets acquired, p ersons appointed or authorized, jurisdiction or powers conferred, endowments, bequests, funds or trusts created, donations or grants made, scholarships, studentship, or exhibitions instituted, affiliations or privileges granted and orders issued under any of the provisions of the repealed Resolution or other legislative instruments or the Statutes, the Regulations and the Rules made or deemed to have been made thereunder, shall, if not inconsistent with the provisions of the Act, or the Statutes, the Regulations or the Rules made under this Act be continued and, so far as may be, deemed to have been respectively done, taken, incurred, acquired, appointed, authorized, conferred, created, made, instituted, granted and issued under this Act, and any documents referring to any of the provisions of the repealed Resolution and other legislative instruments or the Statutes, the Regulations and the Rules first referred shall, so far as may be, be considered

to refer to the corresponding prov isions of the Act or the Statutes, the Regulations and the Rules made under this Act;

(f) all institutes, colleges or other constituent units of the University functioning in terms of the provisions of the repealed Resolution or other legislative instruments shall continue to fun ction in terms of the relevant repealed provisions till such time that the Senate through Statute has prescribed otherwise; and

(g) any Statutes, Regulations or Rules made or deemed to have been made under the repealed Resolution or other legislative instruments shall, if not inconsistent with the provisions of this Act, be deemed to be Statutes, Regulations or Rules made under this Act, having regard to the 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.

Section 41. Transitory provisions

Notwithstanding anything contained in this Act, the members of the first Senate, except the University Teachers, shall be appointed by the Chancellor in accordance with the numbers and criteria for membership specified in this Act. The first Senate so constituted shall initiate, as soot as possible, the process for the recruitment of University Teachers and appointment of the members of the Syndicate and the Academic Council in accordance with the terms of this

Act. The University Teachers to be appointed to the first Senate shall be appointed as soon as the procedure prescribed for appointment of University Teachers to the Senate has to be complied with. The term of tenure provided in sub­section (4) of section 16 notwithstanding one­third of the members, other than ex­officio members, of the first Senate, to be determined by lot, shall retire from office on the expiration of one year from the date of appointment by the Chancellor. One­half of the remaining members other than ex­officio members, of the first Senate, to be determined by lot, shall retire from office on the expiration of two years from the date of appointment and the remaining one­ half, other than ex­officio members, shall retire from office on the expiration of the third year.

Section 42. Removal of difficulties

(1) Any question that may arise as to the interpretation of any of the provisions of this Act shall be placed before the Chancellor whose decision thereon is final.

(2) If any difficulty arising in giving effect to any provision of this Act, the Chancellor may make such order or direction, not inconsistent with the provision of this Act, as may appear to him to be necessary for the purpose of removing such difficulty.

(3) The Chancellor may issue directions or decide such matters as are covered by this Act in the manner he considers appropriate.

Section 43. 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 in good faith done under this Act.

Section 44. Power to allow appointment of employees of the Government, other universities or educational or research institutions to the University

(1) Notwithstanding anything contained in this Act, the Senate may on the advice of the Syndicate, allow any post in the University to be filled by appointment, on such terms as the Senate may specify, an employee of Government or any other University or educational research institution.

(2) Where any appointment has been made under this section, the terms and condition 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 past service.

________________

Print contents from the source
CONTENTS 
 
CHAPTER_I 
PRELIMINARY 
1.  Short title and commencement. 
 
2.  Definitions. 
CHAPTER_II 
THE UNIVERSITY 
 
3.  Establishment and incorporation of the University. 
 
4.  Purposes and powers of the University. 
 
5.  University open to all classes, creeds, etc. 
 
6.  Teaching at the University. 
 
CHAPTER-III 
OFFICERS OF THE UNIVERSITY 
7. Principal Officers. 
 
8.  The Chancellor. 
 
9.  Removal from the Senate. 
 
10.  The President. 
 
11.  Appointment and removal of the President. 
 
12.  Registrar. 
 
 

 
 
Page 2 of 29 
 
13.  Director Finance. 
 
14.  Controller of Examinations. 
 
CHAPTER - IV 
AUTHORITIES OF THE UNIVERSITY 
15.  Authorities. 
 
16.  Senate. 
 
17.  Powers and functions of the Senate 
 
18.  Visitations. 
 
19.  Syndicate. 
 
20. Powers and duties of the Syndicate. 
 
21.  Academic Council. 
 
22.  Powers and functions of the Academic Council. 
 
23.  Representation Committees. 
 
24.  Appointment of committees by certain authorities. 
 
CHAPTER –V 
STATUTES, REGULATIONS AND RULES 
25.  Statutes. 
  
26.  Regulations. 
 
27.  Amendment and repeal of Statues and Regulations. 
 
28.  Rules. 
 
CHAPTER –VI 
UNIVERSITY FUND 
29.  University fund. 
 
30.  Audit and accounts. 
  
 
 
Page 3 of 29 
 
CHAPTER-VII 
GENERAL PROVISIONS 
31.  Opportunity to show cause. 
 
32.  Appeal to the syndicate and the Senate. 
 
33.  Service of the University. 
 
34.  Benefits and insurance, gratuity, provident fund and benevolent fund. 
 
35.  Commencement of term of office of members of Authority. 
 
36.  Filling of casual vacancies in authorities. 
 
37.  Flaws in the constitution of authorities. 
 
38.  Proceedings of authorities not invalidated by the vacancies. 
 
39.  First Statutes and Regulations. 
 
40.  Repeal and savings. 
 
41.  Transitory provisions. 
 
42. Removal of difficulties. 
 
43.  Indemnity. 
 
44.  Power to allow appointment of employees of the Government, other universities or educational 
or research institutions to the University.
Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 3373b57558d53bd662bcd17cf27b0118021d620e67d799059f1f19ff8e4d838a.

THE NATIONAL DEFENCE UNIVERSITY ACT, 2011 
 
 
 
 
 
 
 
 
      CONTENTS 
 
CHAPTER_I 
PRELIMINARY 
1.  Short title and commencement. 
 
2.  Definitions. 
CHAPTER_II 
THE UNIVERSITY 
 
3.  Establishment and incorporation of the University. 
 
4.  Purposes and powers of the University. 
 
5.  University open to all classes, creeds, etc. 
 
6.  Teaching at the University. 
 
CHAPTER-III 
OFFICERS OF THE UNIVERSITY 
7. Principal Officers. 
 
8.  The Chancellor. 
 
9.  Removal from the Senate. 
 
10.  The President. 
 
11.  Appointment and removal of the President. 
 
12.  Registrar. 
 
 

 
 
Page 2 of 29 
 
13.  Director Finance. 
 
14.  Controller of Examinations. 
 
CHAPTER - IV 
AUTHORITIES OF THE UNIVERSITY 
15.  Authorities. 
 
16.  Senate. 
 
17.  Powers and functions of the Senate 
 
18.  Visitations. 
 
19.  Syndicate. 
 
20. Powers and duties of the Syndicate. 
 
21.  Academic Council. 
 
22.  Powers and functions of the Academic Council. 
 
23.  Representation Committees. 
 
24.  Appointment of committees by certain authorities. 
 
CHAPTER –V 
STATUTES, REGULATIONS AND RULES 
25.  Statutes. 
  
26.  Regulations. 
 
27.  Amendment and repeal of Statues and Regulations. 
 
28.  Rules. 
 
CHAPTER –VI 
UNIVERSITY FUND 
29.  University fund. 
 
30.  Audit and accounts. 
  
 
 
Page 3 of 29 
 
CHAPTER-VII 
GENERAL PROVISIONS 
31.  Opportunity to show cause. 
 
32.  Appeal to the syndicate and the Senate. 
 
33.  Service of the University. 
 
34.  Benefits and insurance, gratuity, provident fund and benevolent fund. 
 
35.  Commencement of term of office of members of Authority. 
 
36.  Filling of casual vacancies in authorities. 
 
37.  Flaws in the constitution of authorities. 
 
38.  Proceedings of authorities not invalidated by the vacancies. 
 
39.  First Statutes and Regulations. 
 
40.  Repeal and savings. 
 
41.  Transitory provisions. 
 
42. Removal of difficulties. 
 
43.  Indemnity. 
 
44.  Power to allow appointment of employees of the Government, other universities or educational 
or research institutions to the University. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Page 4 of 29 
 
THE NATIONAL DEFENCE UNIVERSITY ACT, 2011 
 
 
ACT No. XIII OF 2011 
[14th May, 2011] 
 
An Act to provide for the establishment of the National DEFENCE University at Islamabad 
 
WHEREAS, in view of the everlasting need of an apex institution to impart higher education 
in the  fields of national DEFENCE and security to meet  contemporary and future challenges 
and to promote  our  national  interests,  it  is  imperative  to  establish  a  world  class  seat  of  
learning  to disseminate knowledge related to strategy, statecraft, security, management and other 
relevant areas of study and to provide for matters connected therewith or ancillary thereto.   
It is hereby enacted as follows: 
 
CHAPTER_I 
PRELIMINARY 
1.  Short title and commencement. — (1) This  Act  m a y be  c a l l e d t h e N a t i o n a l 
DEFENCE  University Act, 2011. 
(2) It shall come into force at once, and shall be deemed to have taken effect on the 5th day 
of June, 2007.   
2. Definitions. In this Act, unless there is anything repugnant in the subject or context, 
 
(a) “Academic Council” means the Academic Council of the University; 
 
(b)  “Affiliated College or Institute” means an education institution  affiliated to 
the University but not maintained or administered by it; 
 
(c) “Authority” means any of the authorities of the University specified or set up 
under section 15; 
 
(d) “Chancellor” means the Chancellor of the University; 
 
(e)  “Commandant” means the head of the constituent or affiliated college; 
 
(f)  “College” means a college constituted or affiliated with the University; 
 
(g)  “Commission” means the Higher Education Commission under the Higher     
Education Commission Ordinance, 2002 (LIII of 2002); 
 
(h)  “Constituent College or Institute” means an educational institution, by 
whatever name described, maintained and administered by the University; 
 
(i)  “Dean” means the head of a Faculty or the head of an academic body granted 
the status of a Faculty by this Act or by the Statutes or Regulations; 
 
 (j)  “Director­General “ means the head of the constituent or affiliated institute; 
 
 
Page 5 of 29 
 
 
(k)  “Department” means a teaching department maintained and administered, or 
recognized by the University in the manner prescribed; 
 
(l)  “Faculty” means an administrative and academic unit of the University 
consisting of one or more departments, as prescribed; 
 
(m)   “Government” means the Federal Government; 
 
(n)  “National DEFENCE College” means the National DEFENCE College 
established under the Government of Pakistan Resolution No. NDC/ 102/ I/A 
dated the 16th March 1971; 
  
(o)  “prescribed” means prescribed by Statutes, Regulations or Rules made under 
this Act;  
 
(p)  “President” means President of the University appointed under section 10; 
 
(q)  “Representation Co mmittees” means the Representation Committees 
constituted under section 23; 
 
(r)  “Review Panel” means the Review 'Panel set up by the Chancellor in 
accordance with the provisions of section 8; 
 
(s)  “Statutes”, “Regulations” and “Rules” means respectively the Statutes, the 
Regulations and the Rules made under this Act; 
 
(t)  “Senate” means the Senate of the University; 
 
(u) “Syndicate” means Syndicate of the University; 
 
(v)  “Teachers” include Professors, Directing Staff (DS), Associate Professors, 
Assistant Professors and Lecturers engaged whole­time by the University or 
by a constituent or affiliated college  and such other persons as may be  
declared to be  the  teachers by regulations; 
 
(w)  “University” means the National DEFENCE University (NDU) established 
under this Act; and 
 
(x)  “University Teacher” means a whole­time teacher appointed and paid by the 
University or recognized by the University as such. 
CHAPTER_II 
THE UNIVERSITY 
 
3.  Establishment and  incorporation  of the  University. —(1)  There  shall be  established 
a University to be called the National DEFENCE University which shall consist of the following, 
namely:— 
 
(a)  The Chancellor, the members of the Senate, and the President; 
 
 
Page 6 of 29 
 
 
(b)  the members of the authorities of the University established under section 15; 
 
(c)  all University teachers and persons recognized as students of the University in 
accordance with terms prescribed from time to time; and 
 
(d)    all other full­time officers and members of the staff of the University. 
 
(2) The University shall be a body corporate by the name of the National DEFENCE University, 
having perpetual succession and a common seal, and may sue and be sued by the said name. 
 
(3) The principal seat of the University shall be at Islamabad and it may set up any number of 
campuses, colleges and institutes at such places in Pakistan and abroad as the Senate may, from time 
to time, determine in accordance with the prescribed procedure and applicable laws. 
 
(4) The University shall be  competent to acquire and hold the 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) The University shall have academic, financial and administrative autonomy, including the 
power to employ officers, teachers and other employees on such terms as may be prescribed, subject 
to the provisions of this Act and the Higher Education Commission Oridnance 2002 (LIII of 2002). 
 
(6) in particular and without prejudice to the authority granted to the Commission by the 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 
University. 
4. Purposes and powers of the University. —The University shall have the following purposes 
and powers, namely:— 
(i)  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; 
 
(ii)  to prescribe courses of studies to be conducted by it and the colleges; 
 
(iii)  to hold examinations and to award and confer degrees, diplomas, certificates 
and other academic distinctions to and on persons who have been admitted to 
and have passed its examinations under prescribed conditions; 
 
(iv)  to prescribe the terms and conditions of employment of the officers, teachers 
and other employees of the University and to lay down terms and conditions 
that may be different from those applicable to government servants in general; 
 
(v)  to engage where necessary persons on contracts of specified duration and to 
specify the terms of each engagement; 
 
 
 
Page 7 of 29 
 
(vi)  to confer honorary degrees or other distinctions on approved persons in the 
manner prescribed; 
 
(vii)  to provide for such instruction for persons not being students of the University 
as it may prescribe, and to grant certificates and diplomas to such persons; 
 
(viii)  to institute programmes for the exchange of students and teachers between the 
University and  other  universities, educational institutions and  research  
organizations, inside as well as outside Pakistan; 
 
(ix)  to provide career counseling and job search services to students and alumni; 
 
(x)  to maintain linkages with alumni; 
 
(xi)  to develop and implement fund raising plans; 
 
(xii)  to provide and support the academic development of the faculty of the 
University; 
 
(xiii)   to  confer  degrees  on  persons  who  have  carried  on  independent  research  
under prescribed conditions; 
 
(xiv)  to affiliate and disaffiliate educational institutions under prescribed conditions; 
 
(xv)  to inspect colleges and other educational institutions affiliated or seeking 
affiliation with it; 
 
(xvi)  to accept the examinations passed and the period of study spent by students 
of the University at other universities and places of learning equivalent to 
such examinations and  periods of  study  in  the  University,  as  it  may  
prescribe,  and  to  withdraw such acceptance; 
 
(xvii)  to co­operate 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; 
 
(xviii)  to institute professorships, associate professorships, assistant professorships 
and lectureships and any other posts and to appoint persons thereto; 
 
 (xix)  to create posts for  research, extension, administration and other related 
purposes and to appoint persons thereto; 
 
(xx) to recognize selected members of the teaching staff of affiliated colleges or 
educational institutions admitted to the privileges of the University or such 
other persons as it may deem fit, as University teachers; 
 
(xxi)  to institute and award financial assistance to students in need, fellowships, 
scholarships, bursaries, medals and prizes under prescribed conditions; 
 
 
 
Page 8 of 29 
 
(xxii)  to establish teaching departments, colleges, faculties, institutes, workshops, 
libraries, museums and other centres of learning for the development of 
teaching and research and to make such arrangements for their maintenance, 
management and administration as it may prescribe; 
 
(xxiii)  to provide for the residence of the students of the University and the colleges, 
to institute and maintain halls of residence and to approve or license hostels and 
lodging; 
 
(xxiv)  to maintain order, discipline and security on the campuses of the University 
and the colleges; 
 
(xxv)  to promote the extra curricular and recreational activities of such students, and 
to make arrangements for promoting their health and general welfare; 
 
(xxvi)  to demand and receive such fees and other charges as it may determine; 
 
(xxvii) to make provision for research, advisory or consultancy services and with 
these ob jects to enter into arrangements with other institutions, public or 
private bodies, commercial and industrial enterprises under prescribed 
conditions; 
 
(xxviii) to enter into, carry out, vary or cancel contracts; 
 
(xxix)  to receive and manage property transferred and grants contributions made to 
the University and to invest any fund  representing such property, grants, 
bequests, trusts, gifts donations, endowments or contributions in such manner 
as it may deem fit; 
 
(xxx)  to provide for the printing and publication of research and other works; and 
 
(xxi)  to do all such other acts and things, whether incidental to the powers aforesaid 
or not, as may be requisite or expedient in order to further the objectives of 
the University as a place of education, learning, and research. 
 
5. University open to all classes, creeds, etc. —(1) The University shall be open to all 
persons of either gender and of whatever religion race creed, class, colour or domicile who qualify for 
admission to the courses of study offered by the University based on the criteria determined by the 
Syndicate and no person shall be denied the privileges of the University on the ground only 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 shall not be made except in special circumstances and 
only with the approval of the Chancellor. 
 
   (3) The University shall institute financial aid programmes for students in need, to the extent 
considered feasible by the Senate given the resources available, so as to enable admission and access 
to the University and the various opportunities provided by it to be based on merit rather than ability 
to pay: 
 
 
 
Page 9 of 29 
 
Provided that the University may institute self­finance schemes not covering more than 
ten percent of the total number of candidates in any on­campus taught course or research­based 
programmer of study. 
 
 6. Teaching at the University. —(1)  All  recognized  teaching  in  various  courses  shall  be 
conducted by the University or  the colleges in the prescribed manner and may include lectures, 
tutorials, discussions, seminars, demonstrations, distance learning and other methods of instruction as 
well as practical work in the workshops and other governmental or private organizations. 
 
 (2)  The  authority  responsible  for  organizing recognized  teaching  shall  be  such  as  may  
be prescribed. 
CHAPTER-III 
OFFICERS OF THE UNIVERSITY 
  
7. Principal Officers. —The following shall be the principal officers of the University, 
namely:— 
 
(a)  the Chancellor;  
(b)  the President;  
(c)  the Deans; 
(d) the Commandants or the Director­Generals of the constituent colleges and 
institutes; 
 
(e)  the Chairpersons or Chief Instructors of teaching departments; 
 
(f)  the Registrar; 
 
(g)  the Controller of Examinations; 
 
(h)  the Director Administration; 
 
(i)  the Director Finance; and 
 
 (j)  such other persons as may be prescribed by the Statutes or Regulations to be 
the principal officers of the University. 
 
8.  The Chancellor. —(1)  The  President  of  the  Islamic  Republic  of  Pakistan  shall be  
the Chancellor of the University. 
 
(2) The Chancellor shall, when present preside at the meetings of the Senate and the 
Convocation of the University. In the absence of Chancellor the Senate may request a person of 
eminence or President to preside over the convocation of the University. 
 
 
 
Page 10 of 29 
 
(3) The members of the Senate shall be appointed by the Chancellor from amongst the persons 
recommended by the Representation Committee set up for this purpose under sub­section (1) of 
section 23 along with those elected. 
 
(4)  Every  proposal to  confer  an  honorary  degree  shall  be  subject  to  confirmation  by  
the Chancellor. 
 
(5) If the Chancellor is satisfied that a serious irregularity or mismanagement with respect to 
the affairs of the University has occurred, he may, 
 
(a)  as regards proceedings of the Senate direct that specified proceedings be 
reconsidered and appropriate action taken within one month of the direction 
having been issued: 
 
Provided that if the Chancellor is satisfied that either no 
reconsideration has been carried out or that the reconsideration has failed to 
address the concern expressed he may, after calling upon the Senate to show 
cause in writing, appoint a five member review panel to examine and report to 
the Chancellor on the functioning of the Senate. The report of the review panel 
shall he submitted within such time as may he prescribed by the Chancellor. 
The review panel shall be drawn from persons of eminence  to  academics  and  
in  the  fields  of  DEFENCE  and  Security,  law,  accountancy  and 
administration; and 
 
(b)  as regards proceedings of any Authority or with respect to matters within the 
competence of  any Authority other than the Senate, direct the Senate to 
exercise powers under section 17.  
9. Removal from the Senate. —(l) The Chancellor may, upon the recommendation of the 
review panel, remove any person from the membership of the Senate on 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 the performance of functions; 
 
(2) The Chancellor shall remove any person from the membership of the Senate on a resolution 
calling for the removal of such person supported by at least three­fourths of the membership of the 
Senate: 
 
Provided that before passing such resolution the Senate shall provide the member concerned 
a fair hearing: 
 
 
 
Page 11 of 29 
 
Provided further that the provisions of this section shall not be applicable to the President in 
his capacity as a member of the Senate. 
10. The President. —(1) There shall be a President of the University who shall be a 
senior military officer from Pakistan Army and shall be appointed on such terms and conditions as 
may be prescribed. 
  
 (2) The  President  shall be  the  chief  executive  officer  of  the  University responsible  for  
all administrative and academic functions of the University and for ensuring that the provisions of 
the Act, Statutes, Regulations and Rules are faithfully observed in order to promote the general 
efficiency and good order of the University. The President shall have all powers prescribed for this 
purpose including administrative control over the officers, teachers and other employees of the 
University. 
 
(3) The President shall, if present, be entitled to attend any meeting of any Authority or body 
of the University. 
 
 (4) The President may ,in an emergency that in his opinion requires immediate action 
ordinarily not in the competition of the President, take such action and forward, within seventy­two 
hours, a report of the action taken to the members of the Emergency Committee of the Senate, to be 
set up by Statute the Emergency Committee may direct such further action as is considered 
appropriate.   
(5) The President shall also have the following powers, namely: 
 
(a)   to  direct  teachers,  officers and  other  employees of  the  University to  take  
up  such assignments in connection with examination, administration and such 
other activities in the University as he may consider necessary for the purposes 
of the University; 
 
(b)  to sanction by re­appropriation 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 University and 
in such manner as may be prescribed by the Statutes; 
 
(d)  to suspend, punish and remove, in accordance with prescribed procedure, from 
service officers, teachers and other employees of the University except those 
appointed by or with the 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 University; and 
 
(f)  to exercise and perform such other powers and functions as may be prescribed. 
 
(6) The President shall present an annual report before the Senate within three months of' 
the close of the academic year. The annual report shall present such information as regards the 
academic year under review as may be prescribed, including disclosure of all relevant facts pertaining 
to— 
 
 
Page 12 of 29 
 
 
 
(a)  academics; 
 
(b)  research; 
 
(c)  administration; and 
(d)  finances. 
(7) The President's annual report shall be made available, prior to its presentation before the 
Senate, to all officers and University teachers and shall be published in such numbers as are required 
to ensure its wide circulation. 
 
11. Appointment and removal of the President. —(1) Whenever the office of the 
President fails vacant, or is likely to fall vacant, the Chief of the Army Staff shall recommend a suitable 
officer selected through a search process for approval by the Chancellor for appointment as the 
President. 
 
(2) The President shall be appointed for a renewable tenure of five years or less on terms and 
conditions prescribed by the Statutes. The tenure of an incumbent President shall be renewed by the 
Chancellor on recommendations of Chief of the Army Staff. 
 
(3) At any time when the office of the President is vacant or the President is absent or is unable 
to perform the functions of his office due to illness or some other cause, the Senate shall make 
arrangements in accordance with the Statutes for the performance of the duties of the President. 
 
12. Registrar. —(l) There shall be a Registrar of the University who shall be appointed by the 
Senate on the recommendation of the President, on such terms and conditions as may be prescribed. 
 
(2)  The  experience  as  well  as  the  professional  and  academic  qualifications  necessary  
for appointment to the post of the Registrar shall be such as may be prescribed.   
(3) The Registrar shall be a full­time officer of the University and shall, 
(a)  be the administrative head of the secretariat of the University and be 
responsible for the provision of secretariat support to the Authorities of the 
University; 
        (b)        be the custodian of the common seal and the academic records of the University; 
 
(c)  maintain a register of registered graduates in the prescribed manner; 
 
(d)  supervise the process of election, appointment of nomination of members to 
the 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, unless renewed, be for a period of three years:  
 
 
Page 13 of 29 
 
Provided that the Senate may, on the advice of the President, terminate the appointment of 
the Registrar on ground of inefficiency or misconduct in accordance with prescribed procedure.  
13. Director Finance. —(1) There shall be a Director Finance of the University who shall 
be appointed by the Senate on the recommendation of the President on such terms and conditions 
as may be prescribed. 
 
(2) The experience and the professional and academic qualifications necessary for appointment 
to the post of the Director Finance shall be as may be prescribed.   
(3) The Director Finance 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 
them to the Syndicate or a committee thereof for approval and incorporation 
in the budget to he presented to the Senate; 
 
(c)  ensure that the funds of the University are expended on the purposes for  
which they are provided; 
 
(d)  have the accounts of the University audited annually so as to be available for 
submission to the Senate within six months of the close of the financial year; 
and 
 
(e)  perform such other duties as may be prescribed. 
 
(4) The term of office of the Director Finance shall, unless renewed, be for a period of three 
years: 
 
Provided that the Senate may, on the advice of the President terminate the appointment of 
the Director Finance on  grounds of inefficiency or misconduct in accordance with prescribed 
procedure. 
 
 
14 Controller of Examinations. —(1) There shall be a Controller of Examinations, to be 
appointed by the Senate on the recommendation of the President, on such terms and conditions as may 
be prescribed. 
 
(2) The minimum qualifications necessary for appointment to the  post  of the  Controller 
of Examinations shall be as may be prescribed. 
 
(3) The Controller of Examinations shall be a full­time officer of the University and shall be 
responsible for all matters connected with the conduct of examinations and perform such other duties 
as may be prescribed. 
 
(4) The Controller of Examinations shall be appointed for a renewable term of three years:  
 
Provided that the Senate may, on the advice of the President, terminate the appointment of the 
Controller of Examinations on grounds of inefficiency or misconduct in accordance with prescribed 
procedure. 
 
 
Page 14 of 29 
 
     CHAPTER_IV 
AUTHORITIES OF THE UNIVERSITY 
 
15. Authorities. —(1) The following shall be the authorities of the University, namely: 
 
(i)  the Senate; 
 
(ii)  the Syndicate; 
 
(iii)  the Academic Council; 
 
(iv)  the Advanced Studies and Research Board; 
 
(v)  the Board of Faculty; 
 
(vi)  the Board of Studies; 
 
(vii)  the Finance and Planning Committee; 
 
(viii)  the Representation Committees for appointment to the Senate, Syndicate   
and the Academic Council in accordance with relevant provision of the Act; 
 
(ix)  the Selection Board; and 
 
(x)  such other authorities as may be constituted by the Senate. 
 
(2) The Senate, the Syndicate and the Academic Council may set up such other committees 
or sub­committees, by  whatever name described, as are considered desirable through Statutes or 
Regulations as appropriate. Such committees or sub­committees shall be Authorities of the University 
for the purposes of this Act. 
  
16. Senate. —(1) The Senate shall be responsible for governance, general supervision and 
control of the affairs including laying down broad policies of the University and shall consist of 
the following, namely: 
 
(a)  the Chancellor who shall be the chairperson of the Senate; 
 
(b)  the President; 
 
(c)  the Chairman Joint Chiefs of Staff Committee, the Chief of the Army Staff, 
the Chief of the Naval Staff and the Chief of the Air Staff or their nominees; 
 
(d)  not less than one member of the Government not below the tank of Additional 
Secretary from the Ministry of Education or any other department relevant to 
the special focus of the University; 
 
(e)  four persons from society at large being persons of distinction in the fields of 
defence and security, strateg,y statecraft, administration and management, 
such that the appointment of these persons reflects a balance across the various 
fields: 
 
 
Page 15 of 29 
 
Provided that the special focus or affiliation of the University, to be 
declared in the manner prescribed, may be reflected in the number of persons 
of distinction in an area of expertise r elevant to the University who are 
appointed to the Senate; 
 
(f)  one person from amongst the alumni of the University; 
 
(g)  two persons from the academic community of the country, other than an 
employee of the University, at the level of professor or principal of a college; 
 
(h)  four University Teachers; and 
 
(i)  one person nominated by the Commission. 
 
(2) The numbers of the members of the Senate described against clauses (f) to (i) of 
sub­section (1) may be increased by the Senate through Statutes subject to condition that the total 
membership of the Senate does not exceed twenty­one, with a maximum of five University Teachers 
and the increase is balanced to the extent possible, in proportion to different categories specified in 
sub­section (1). 
 
(3) All appointments to the Senate shall be made by the Chancellor, Appointments of persons 
described in clauses (f) and (g) of sub­section (1) shall he made from amongst a panel of three names 
for each vacancy recommended by the Representation Committee set up in terms of section 23 and 
in accordance with procedure as may be prescribed: 
 
Provided that effort shall be made, without compromising on quality or qualification, to give 
fair representation to women on the Senate: 
 
Provided further that as regards the University Teachers described in clause (h) of sub­section 
(1) the Senate shall prescribe a procedure for appointment on the basis of elections that provide for 
voting by the various categories of University Teachers: 
 
Provided also that the Senate may alternatively prescribe that appointment of University 
Teachers to the Senate shall also be in the manner provided by this sub­section for the persons 
described in clauses (f) and (g) of sub­section (1). 
 
(4) Members of the Senate, other than ex­officio  members, shall hold office for three years. One­ 
third  of  the  members,  other  than  ex­officio   members,  of  the  first  restructured  Senate,  to  be 
determined by lot, shall retire from office on the expiration of one year from the date of appointment 
by the Chancellor. One­half of the remaining members, other than ex­officio  members, of the first 
restructured Senate, to he determined by lot, shall retire from office on the expiration of two years 
from the date of appointment and the remaining one­half, other than ex­officio  members, shall retire 
from office on the expiration of the third year: 
 
Provided that no person, other than an ex­officio  member, may serve on the Senate for more than 
two consecutive terms: 
 
Provided further that the University Teachers appointed to the Senate may not serve for two 
consecutive terms. 
 
 
 
Page 16 of 29 
 
(5) The Senate shall meet at least twice in a calendar year. 
 
(6) Service on the Senate shall be on honorary basis but actual expenses may be reimbursed as 
prescribed. 
 
(7) The Registrar shall be the secretary of the Senate. 
 
(8) In the absence of the Chancellor meetings of the Senate shall be presided over by the senior 
most serving military officer from amongst the members of the Senate, not being an employee of the 
University as the Chancellor may, from time to time, nominate. The member so nominated shall be 
the convener of the Senate. 
 
(9) Unless otherwise prescribed by this Act, all decisions of the Senate shall be taken on the basis 
of the opinion of a majority of the members present. In the event of the members being evenly 
divided on any matter the person presiding over the meeting shall have a casting vote. 
(10) The quorum for a meeting of the Senate shall be two­thirds of its membership, a fraction 
being counted as one.
17. Powers  and  functions  of the  Senate. —(1) The Senate shall have the powers of 
general supervision over the University and shall hold the President and the Authorities accountable 
for all the functions of the University. The Senate shall have all powers of the University 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 the 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 the revised budget, the 
annual report and the annual statement of the account; 
 
(b)  to hold control and lay down policy for the administration of the property, funds and 
investments  by  the  University,  including the  approval  of  the  sale  and  purchase  
or acquisition of immovable property; 
 
(c)  to oversee the quality and relevance of the University's academic programmes and to 
review the academic affairs of the University in general; 
 
(d)  to approve the appointment of the Deans, Professors, Associate Professors and such 
other senior faculty and senior administrators as may be prescribed; 
 
(e)  to institute schemes, d irections and guidelines for the terms and conditions of 
appointment of all officers, teachers and other employees of the University; 
 
(f)  to approve strategic plans; 
 
(g)  to approve financial resource development plans of the University; 
 
 
 
Page 17 of 29 
 
(h) to consider the drafts of Statutes and Regulations proposed by the Syndicate and 
the Academic Council and deal with them in the manner as provided for in sections 
25 and 26, as the case may be: 
 
Provided that the Senate may make a Statute or Regulation on its own initiative and 
approve it after calling for the 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 after calling upon such Authority or officer to show cause 
why such proceedings should not be annulled; 
 
(j)  to recommend to the Chancellor removal of any member of the Senate in accordance 
with the provisions of this Act; 
 
(k)  to make appointments of members of Syndicates, in accordance with the provisions of 
this Act; 
 
(l)   to  make  appointments  of  the  members  of  Academic  Council,  other  than  ex­officio  
members, in accordance with the provisions of this Act; 
 
(m)  to appoint Emeritus Professor on such terms and conditions as may be prescribed;   
(n)  to remove any person from the membership of any authority if such person 
 
  (i)      has become of unsound mind; or 
 
                         (ii)     has become incapacitated to function as member of such Authority; or  
 (iii)   has been convicted by a court of law for an offence involving moral turpitude; 
and 
 
(o)  to determine the form, provide for the custody and regulate the use of the common 
seal of the University. 
(3) The Senate may, subject to the provisions of this Act, delegate all or any of its powers and 
functions of  any  Authority, officer  or  employee  of  the  University  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 campus. 
18.  Visitations. —The  Senate  may,  in  accordance  with  terms  and  procedures  as  may  
be prescribed, cause an inspection to be made in respect of any matter connected with the University. 
 
19. Syndicate. — (1)  There shall be a  Syndicate headed by the President to formulate 
rules, r egulations and statutes and so on, for day to day functioning of the University, within the 
framework of policies laid down by the Senate. Other members of the committee would consist of 
 
  (a)  the President who shall be its Chairperson; 
 
 
Page 18 of 29 
 
 
  (b)  the Deans of Faculties of the University; 
 
  (c)  Heads of the constituent colleges and institutes; 
 
  (d)  three professors or directing staff from different departments who are not members of 
the Senate to be elected by the University Teachers in accordance with procedure to 
be prescribed by the Senate; 
 
  (e)  the Registrar; 
 
  (f)  the Director Finance; and 
 
  (g)  the Controller of Examinations. 
 
(2) Members of the Syndicate, other than ex­officio  members, shall hold office for three years. 
 
 (3) As regards three professors specified in clause (d) of sub­section (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 23. Appointment of persons proposed by the Representation 
Committee may be made by the Senate on the recommendation of the President. 
 
 (4) The quorum for a meeting of the Syndicate shall be one­half 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.  
20. Powers and duties of the Syndicate. —(1) The Syndicate shall be the executive body of 
the University  and  shall,  subject  to  the  provisions  of  this  Act  and  the  Statutes,  exercise  
general supervision over the affairs and management of the University. 
 
(2) Without prejudice to the generality of the foregoing powers and subject to the provisions 
of this Act, the Statutes and directions of the Senate, the Syndicate shall have the following 
powers namely: — 
 
 (a)  to consider annual report, the annual and revised budget estimates and to submit these 
to the Senate; 
 
 (b)  to transfer and accept transfer of moveable property on behalf of the University; 
 
 (c)  to enter into, vary, carry out and cancel contracts on behalf of the University; 
 
 (d)  to cause proper book of the account to be kept for all sums of money received and 
expended by the University and for the assets and liabilities of the University; 
 
 (e)  to invest any money belonging to the University including any un­applied income in 
any of the securities describe in section 20 of the Trusts Act, 1882 (Act II of 1882), 
or in the pur chase of immovable property or in such other manner, as it may 
prescribe, with the like power of varying such investment; 
 
 
 
Page 19 of 29 
 
 (f)   to  receive  and  manage  any  property  transferred  and  grants,  bequests,  trust,  Gifts 
donations, endowments, and other contributions made to the University; 
 
 (g)  to administer any funds placed at the disposal of the University for specified purposes; 
 
 (h)  to provide the buildings, libraries, premises, furniture, apparatus, equipment and other 
means required for carrying out the work of the University; 
 
 (i)  to establish and maintain halls of residence and hostels or approve or license hostels 
or lodging for the residence of students; 
 
 (j)  to recommend to the Senate affiliation or disaffiliation of the colleges; 
 
 (k)  to recommend to the Senate admission of educational institutions to the privileges of 
the University and withdraw such privileges; 
 
 (l)  to arrange for the inspection of the 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 other posts as may be 
necessary; 
 (o)  to prescribe the duties of officers, teachers and other employees of the 
University;  
 (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 drafts of the Statutes for submission to the Senate; 
 
 (s)  to regulate the conduct and discipline of the students of the University; 
 
 (t)  to take actions necessary for the good administration of the University 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 the Statutes. 
21. Academic Council. —(1) There  shall be  an Academic Council, which would lay down 
academic policies, decide on the syllabi and curricula of various courses at the university and the 
affiliated institutions to ensure excellence  and the  requisite joint­ness in training activities. The 
Academic Council of the University will consist of the following, namely: 
 
 (a)  the President who shall be its Chairman; 
 
 
 
Page 20 of 29 
 
 (b)  the Deans of Faculties and Heads of Colleges and Departments as may be 
prescribed; 
 
 (c)  five members representing the departments, institutes and the constituent 
colleges to be elected in the manner prescribed by the Senate; 
 
 (d)  two Heads of affiliated colleges; 
 
 (e)  five Professors including Emeritus Professors; 
 
 (f)   the Registrar; 
 
 (g) the Controller of Examinations; and 
 
 (h) the Librarian. 
 
(2) The Senate shall appoint the members of the Academic Council on the recommendation of 
the President: 
 
Provided that as regards the five 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 23. Appointment of persons proposed by the Representation Committee shall be made by the 
Senate on the recommendation of the President. 
 
(3) The Academic Council shall act as an advisory and implementing body for the decisions of the 
Syndicate on all matters relating to the conduct of examinations, conferment of degrees, revision and 
updating of course syllabi, quality of education and duration of all courses including conduct of 
postgraduate classes in specified disciplines. 
 
(4) The Academic Council shall also assist the President in evaluating, proposing and coordinating 
research  and  development  projects  at  respective  institutes  and  colleges  both  constituent  and 
affiliated. 
 
(5) Members of the Academic Council shall hold office for three years.  
(6) The Academic Council shall meet at least once in each quarter. 
(7) The quorum for meetings of the Academic Council shall be one­half of the total number of 
members, a fraction being counted as one. 
 
22. Powers and functions  of the Academic Council. —(1) The Academic Council shall be 
the principal Academic body of the University and shall, subject to the provisions of this Act and the 
Statutes, have the power to lay down proper standards of instruction, research and examinations and 
to regulate and promote the academic life of the University and the colleges. 
 
(2) Without prejudice to the generality of the forgoing powers and subject to the provisions of this 
Act and the Statutes, the Academic Council shall have the power to— 
 
 
 
Page 21 of 29 
 
  (a)  approve the policies and procedures pertaining to the quality of academic 
programmes; 
 
  (b)  approve academic programmes; 
 
  (c)  approve the policies and procedures pertaining to the student related 
functions  including admissions, expulsions, punishments, examinations and 
certification; 
 
  (d)  approve the policies and procedures assuring quality of teaching and research; 
 
  (e)   recommend  the  policies  and  the  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 University 
after receiving panels of names from the relevant authorities; 
 
  (h)  institute programmes for the continued professional development of University 
teachers at all levels; 
 
  (i)  recognize the examinations of other universities or examining bodies as 
equivalent to the corresponding examinations of the University; 
 
  (j)  regulate the award of studentship, scholarships, exhibitions, medals and prizes; 
 
  (k)  frame regulations for submission to the Senate; 
 
  (l)  prepare an annual report on the academic performance of the University; and 
 
  (m)  perform such functions as may be prescribed by Regulations.  
23. Representation Committees. —(l) There shall be Representation Committees constituted 
by the Senate through Statutes to recommend persons for appointment to the Senate in accordance 
with the provisions of section 16. 
 
(2) There shall also be a Representation Committee constituted by the Senate through Statute 
to recommend persons for appointment to the Syndicate and the Academic Council in accordance 
with the provisions of sections 19 and 21. 
 
(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 University Teachers; 
 
  (b)   two persons nominated by the  University Teachers from amongst 
themselves in the manner prescribed; 
 
 
 
Page 22 of 29 
 
  (c)   one person from the academic community, not employed by the University, at 
the level of prof essor or  college head to be nominated by the University 
Teachers in the manner prescribed; and 
 
  (d)   one eminent citizen with experience in administration, philanthropy, 
development work, law of accountancy to be nominated by the Senate. 
 
  (4) The Representation Committee for the appointment to the Syndicate and the Academic 
Council shall consist of the following, namely: — 
 
(a)  two members of the Senate who are not University Teachers; 
 
(b)  three persons nominated by the University Teaches from amongst 
themselves in the manner prescribed. 
 
(5) The tenure of the Representation Committee shall be three years: 
 
Provided that no member shall serve for more than two consecutive terms. 
 
(6) The procedures of the Representation Committee shall be such as may be prescribed. 
(7) There may also be such other Representations Committees set up by any of other 
Authorities of  the University as are considered appropriate, for recommending p ersons for 
appointments to the various Authorities and other bodies of the University. 
24. 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 constitutions, 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 
 
 
25. Statutes.—(1) Subject to the provisions of this Act, Statutes may be made to regulate 
or prescribe all or any of the following matters, namely: — 
 
 (a)  the  contents of and the  manner in which the  annual report to be  presented 
by the President before the Senate shall be prepared; 
 
(b) the University fees and other charges; 
 
 (c) the constitution of any pension, insurance, gratuity, provident fund and 
benevolent fund for University employee; 
 
 (d) the scales of pay and other terms and conditions of service of officers, teachers 
and other University employees; 
 
 
Page 23 of 29 
 
 
 (e) the maintenance of the register of registered graduates; 
  
 (f)  affiliation and disaffiliation of educational institutions and related matters; 
 
 (g) admission of educational institutions to the privileges of the University and the 
withdrawal of such privileges; 
 
 (h)  the  establishment  of  Faculties,  departments,  institutes,  colleges  and  other  
academic divisions; 
 
 (i)  the powers and duties of officers and teachers; 
 
 (j)  conditions under which the University may enter into arrangements with other 
institutions or  with public bod ies for purposes of research and advisory 
services; 
 
 (k) conditions for appointment of Emeritus Professors and award of honorary 
degrees; 
 
(l)  efficiency and discipline of University employees; 
 
(m)  the constitution and procedure to be followed by Representation Committees 
in carrying out functions in terms of this Act; 
(n)   the constitution, functions and powers of the Authorities of the University; and 
(o)  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 proposed by the Syndicate to the Senate which approve or pass 
with may such modifications as the Senate may think fit or may refer hack to the Syndicate, as the 
case may be, for reconsideration of the proposed draft: 
 
Provided that Statutes concerning any of the matters mentioned in clauses (a) and (1) of 
sub­section (1) shall be initiated and approved by the Senate after seeking the views of the Syndicate: 
Provided further that the Senate may initiate a Statute with respect to any matter in its power 
or with respect to which a Statute may be framed in terms of this Act and approve such Statute after 
seeking the views of the Syndicate. 
26. Regulations.—(1) Subject to the provisions of this Act and the Statutes, the Academic 
Council may make regulations to be published in official Gazette, for all or any of the following 
matters, namely: — 
 
(a)  the courses of study for degree diplomas and certificates of the University; 
 
(b)  the manner in which the teaching referred to in sub­section (1) of section 6 
shall be organized and conducted; 
 
(c) the admission and expulsion of students to and from the University; 
 
 
Page 24 of 29 
 
 
(d) the conditions under which students shall be admitted to the courses and the  
examinations of the  University and shall become  eligible  for the  award of  
degrees, diplomas and certificates; 
 
(e)  the conduct of examinations; 
 
(f)  the conditions under which a person may carry on independent research to 
entitle him to a degree; 
 
(g)  the institution of fellowships, scholarships, exhibitions, medals and prizes; 
 
(h)  the use of the Library; 
 
(i)  the formation of Faculties, departments and board of studies; and 
 
(j)  all other matters which by the Act or the Statutes are to be or may   be 
prescribed by Regulations. 
 
(2) Regulations shall be proposed by the Academic Council and shall be submitted to the 
Senate which may approve them or withhold approval or refer them back to the Academic Council 
for reconsideration. A Regulation proposed by the Academic Council shall not be effective unless 
it receives the approval of the Senate. 
 
(3) Regulations regarding or incidental to matter contained in clauses (g) and (i) of sub­section 
(1) shall not be submitted to the Senate without the prior approval of the Syndicate.  
27.  Amendment  and  repeal  of Statues  and  Regulations. —The  procedure  for  adding 
to,amending  or  repealing  the  Statutes  and  the  Regulations  shall  be  the  same  as  that  prescribed 
respectively for making Statutes and Regulations. 
 
28. Rules. —(1) The Authorities and the other bodies of the University may make Rules, to 
be published in official Gazette, consistent with this Act, Statutes or the Regulations, to regulate any 
matter relating to the affairs of the University which has not been provided for by this Act, or that is 
not required to be regulated by Statutes or Regulation, including rules to regulate the conduct of 
business and the time and place of meeting and related matters. 
 
(2) Rules shall become effective upon approval by the Syndicate. 
 
CHAPTER_VI 
UNIVERSITY FUND 
 
29. University fund. —(1) The University shall have a fund to which shall be credited all 
direct donations, trusts, bequests, endowments, grants, proportionate grant from the Federal 
Government, Joint Staff Headquarters, Ministry of Defence, Higher Education Commission, Ministry 
of Education, assistance from international agencies, contributions, shares of fee and income from any 
other source. 
 
(2) The present recurring and non­recurring grants being allocated by the Ministry of Defence 
to the National Defence College immediately in existence before the commencement of this Act, 
 
 
Page 25 of 29 
 
shall continue to be allocated in future to the National Defence University, with suitable upward 
adjustments from time to time. 
 
(3) All expenditure of the University shall be met within the sanctioned budget of the 
University or as approved by the Syndicate. 
 
30. Audit and accounts. — (l) The accounts of the University shall be maintained by 
Director Finance in 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 
University with authority vested in the head of each cost centre to sanction expenditure out of the 
budget allocated to it: 
 
Provided that re­appropriation from one head of expenditure to another may be made by the 
head of a cost centre in accordance with and to the extent prescribed by the Statutes. 
 
(3)  All funds generated  by  a  teaching department, constituent  college  or  other  unit  of  
the University through consultancy, research or other provision of service shall be made available 
without prejudice to the budgetary allocation otherwise made, after deduction of over heads in the 
manner and to the extent prescribed by Senate, to the teaching department, constituent college or 
other units for its development. A part of the funds so generated may be shared with the University 
teachers or researchers in charge of the consultancy research or service concerned in the manner 
and to the extent prescribed by the Statute. 
 
(4) No expenditure shall be made from the funds of the University, unless a bill for its 
payments has been issued by the head of the cost centre concerned in accordance with the relevant 
Statutes and the Director Finance has verified that the payment is provided for in the approved budget 
of the cost centre, subject to the authority to re­appropriate available to the head of the cost centre. 
 
(5) Provision shall be made for an internal audit of the finances of the University. 
 
(6) Without prejudice to the requirement of audit by any auditor appointed by Government 
in.accordance with the provision of any other law in force, the annual audited statement of account 
shall be prepared in conformity with the Generally Accepted Accounting Principles (GAAP) by a 
reputed firm of charted accountants and signed by Director Finance. 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, together with such annotations 
as the Director Finance may make, shall be considered by the Syndicate and shall be placed before 
the Senate within six months closing of the financial year. 
 
CHAPTER­VII 
GENERAL PROVISIONS 
31. Opportunity to show cause. — Except as otherwise provided, no officer, teacher or 
other employee of the  University holding a  permanent  post  shall be  reduced in  rank or removed 
or compulsorily retired from service unless he has been given a reasonable opportunity of showing cause 
against the action proposed to be taken. 
 
 
Page 26 of 29 
 
32. Appeal to the Syndicate and the Senate. —Where an order is passed imposing penalty 
on any officer (other than the President), teacher or other employee of the University 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 University other than the President, have the right 
to appeal to the Syndicate against the order and, where the order is passed by the President, have the 
right to appeal to the Senate. 
33. Service of the University. —(1) All persons employed by the University in accordance with 
the terms and conditions of service prescribed by Statutes shall be persons in the service of Pakistan 
for the purposes of any court or tribunal set up by law in terms of Article 212 of the Constitution of 
the Islamic Republic of Pakistan: 
 
 Provided that any provision as regards the terms and the conditions of the employment of 
persons in the service of Pakistan in general or in comparable employment notwithstanding the 
service of persons employed by the University shall be entirely governed by the terms and conditions 
prescribed by the relevant Statutes. 
 
 (2) An officer, teacher or other employee of the University shall retire from service on the 
attainment of such age or tenure of service as may be prescribed. 
 
(3)  No  adverse  change  shall be  made  in  the  terms  and  conditions of  employment  of  
any University Teacher in the employment of the University from the commencement of this Act. 
      (4)  Persons above  the  age  of  sixty  years  may  be  re­employed  on  contract    in  the 
manner prescribed by the Senate, in conformity with the Government rules and regulations
       
   34. Benefits and insurance, gratuity, provident fund and benevolent fund.—(1) The 
University shall constitute for the benefit of its officers teachers and other employees schemes, as may 
be prescribed, for the provision of post­employment benefits as well as health and life insurance while 
in service. 
 
(2) Where any provident fund which has been constituted under this Act, the provisions of the 
Provident Funds Act, 1925 (XIX of 1925), shall apply to such fund as if it were the Government­ 
Provident Fund. 
 
35. Commencement of term of office of members of Authority. —(1) When a member 
of a newly constituted Authority is appointed or nominated, his terms of office as fixed under this 
Act, shall 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 University for a period of not less than six months, he shall be deemed 
to have resigned and vacated his seat. 
 
36. Filling  of casual  vacancies  in authorities. — Any casual vacancy in the appointment 
or nominated member of any Authority shall be filled, as soon as conveniently may be, by the person 
or the body who appointed or nominated the member whose position has become vacant and the person 
appointed or nominated to the vacancy shall be member of such Authority for the residue of the term 
for which the person whose place he fills would have been a member. 
 
 
 
Page 27 of 29 
 
37. Flaws  in the  constitution of authorities. — Where there is flaw in the constitution 
of an Authority, as constituted under this Act, the Statutes or the Regulations on account of abolition 
of a specified office under Government or because an organization, institution or other body outside 
the University 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.  
38. Proceedings  of authorities not  invalidated by  the  vacancies. — No act, resolution 
nor decision of any Authority shall be invalid by reason of any vacancy in the Authority doing, passing 
or making it or by reason of any want of qualification or invalidity in the election, appointment or 
nomination of any de facto member of the Authority, whether present or absent. 
 
39. First Statutes  and Regulations. — Notwithstanding anything to the contrary contained in 
theAct, the President of Islamic Republic of Pakistan shall pro mulgate the first Statutes and 
Regulations which  shall  be  deemed  to  be  Statutes  and  Regulations framed  under  sections  25  
and  26  and shall continue to remain in force unless amended.   
40. Repeal and Savings. — Upon the commencement of this Act 
 
(a)  the Government of Pakistan's Resolution, u.o No NDC/102/I/A, dated the 
16th March 1971, shall stand repealed; 
(b) all funds, assets, properties, rights and interests of  whatsoever kind issued, 
used, enjoyed, o wned or vested in National Defence College, in existence 
immediately before such commencement  and  any  liabilities  subsisting 
against  the  aforesaid  National Defence College shall stand transferred to the 
University established under this Act; 
 
(c)  all persons serving in connection with the affairs of the aforesaid National 
Defence College shall stand transferred to the University established under this 
Act and become employees of the University on the same terms and conditions 
to which they were entitled before such commencement; 
 
(d)   the  person holding the  Office  of  Commandant  in  the  National Defence  
College, in existence immediately before such commencement, shall stand 
transferred to and appointed as the President of the National Defence 
University established under this Act; 
 
(e)  everything done, action taken, obligations or liabilities incurred, rights and 
assets acquired, p ersons appointed or authorized, jurisdiction or powers 
conferred, endowments, bequests, funds or trusts created, donations or grants 
made, scholarships, studentship, or exhibitions instituted, affiliations or 
privileges granted and orders issued under any of the provisions of  the 
repealed Resolution or other legislative instruments or the Statutes, the 
Regulations and the Rules made or deemed to have been made thereunder, 
shall, if not inconsistent with the provisions of the Act, or the Statutes, the 
Regulations or the Rules made under this Act be continued and, so far as may 
be, deemed to have been respectively done, taken, incurred, acquired, 
appointed, authorized, conferred, created, made, instituted, granted and issued 
under this Act, and any documents referring to any of the provisions of  the  
repealed  Resolution  and  other  legislative  instruments  or  the  Statutes,  the 
Regulations and the Rules first referred shall, so far as may be, be considered 
 
 
Page 28 of 29 
 
to refer to the corresponding prov isions of the Act or the Statutes, the 
Regulations and the Rules made under this Act; 
 
(f)  all institutes, colleges or other constituent units of the University functioning in 
terms of the provisions of the repealed Resolution or other legislative 
instruments shall continue to fun ction in terms of the relevant repealed 
provisions till such time that the Senate through Statute has prescribed 
otherwise; and 
 
(g)  any Statutes, Regulations or Rules made or deemed to have been made under 
the repealed Resolution or other legislative instruments shall, if not inconsistent 
with the provisions of this Act, be deemed to be Statutes, Regulations or Rules 
made under this Act, having regard to the 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.  
41. Transitory provisions. —Notwithstanding anything contained in this Act, the members 
of the first Senate, except the University Teachers, shall be appointed by the Chancellor in accordance 
with the numbers and criteria for membership specified in this Act. The first Senate so constituted 
shall initiate, as soot as possible, the process for the recruitment of University Teachers and appointment 
of the members of the Syndicate and the Academic Council in accordance with the terms of this 
Act. The  University Teachers to be  appointed to the  first  Senate  shall be  appointed as soon as 
the procedure prescribed for appointment of University Teachers to the Senate has to be complied with. 
The  term of  tenure  provided in  sub­section (4)  of  section  16  notwithstanding one­third of  the 
members, other than ex­officio  members, of the first Senate, to be determined by lot, shall retire from 
office on the expiration of one year from the date of appointment by the Chancellor. One­half of the 
remaining members other than ex­officio  members, of the first Senate, to be determined by lot, shall 
retire from office on the expiration of two years from the date of appointment and the remaining one­ 
half, other than ex­officio  members, shall retire from office on the expiration of the third year. 
42. Removal of difficulties. —(1) Any question that may arise as to the interpretation of any of the 
provisions of this Act shall be placed before the Chancellor whose decision thereon is final. 
 
(2) If any difficulty arising in giving effect to any provision of this Act, the Chancellor may 
make such order or direction, not inconsistent with the provision of this Act, as may appear to him 
to be necessary for the purpose of removing such difficulty. 
 
(3) The Chancellor may issue directions or decide such matters as are covered by this Act in 
the manner he considers appropriate. 
 
43. 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 in good faith done under this Act. 
 
44. Power to allow appointment of employees of the Government, other universities 
or educational or research institutions to the University . —(1) Notwithstanding anything 
contained in this Act, the Senate may on the advice of the Syndicate, allow any post in the 
University to be filled by appointment, on such terms as the Senate may specify, an employee of 
Government or any other University or educational research institution.  
 
 
Page 29 of 29 
 
 (2) Where any appointment has been made under this section, the terms and condition 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 past service. 
 
 
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Section 15

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affiliated to the University but not maintained or administered by it; (c) “Authority” means any of the authorities of the University specified or set up under section 15; (d) “Chancellor” means the Chancellor of the University; (e) “Commandant” means the head of the constituent or affiliated college; (f) “College” means a college constituted or affiliated with the University;

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Section 10

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(o) “prescribed” means prescribed by Statutes, Regulations or Rules made under this Act; (p) “President” means President of the University appointed under section 10; (q) “Representation Co mmittees” means the Representation Committees constituted under section 23; (r) “Review Panel” means the Review 'Panel set up by the Chancellor in accordance with the provisions of section

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Section 23

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“President” means President of the University appointed under section 10; (q) “Representation Co mmittees” means the Representation Committees constituted under section 23; (r) “Review Panel” means the Review 'Panel set up by the Chancellor in accordance with the provisions of section 8; (s) “Statutes”, “Regulations” and “Rules” means respectively the Statutes, the Regulations and t

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Section 8

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epresentation Committees constituted under section 23; (r) “Review Panel” means the Review 'Panel set up by the Chancellor in accordance with the provisions of section 8; (s) “Statutes”, “Regulations” and “Rules” means respectively the Statutes, the Regulations and the Rules made under this Act; (t) “Senate” means the Senate of the University; (u) “Syndicate” means Syndicate of

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Section 15

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(a) The Chancellor, the members of the Senate, and the President; Page 6 of 29 (b) the members of the authorities of the University established under section 15; (c) all University teachers and persons recognized as students of the University in accordance with terms prescribed from time to time; and (d) all other full­time officers and members of the staff of the Univers

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Section 23

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the Senate shall be appointed by the Chancellor from amongst the persons recommended by the Representation Committee set up for this purpose under sub­section (1) of section 23 along with those elected. (4) Every proposal to confer an honorary degree shall be subject to confirmation by the Chancellor. (5) If the Chancellor is satisfied that a serious irregularity or mismanagemen

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Section 17

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rds proceedings of any Authority or with respect to matters within the competence of any Authority other than the Senate, direct the Senate to exercise powers under section 17. 9. Removal from the Senate. —(l) The Chancellor may, upon the recommendation of the review panel, remove any person from the membership of the Senate on the ground that such person (a) has become of unsound mind; or

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Section 23

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lauses (f) and (g) of sub­section (1) shall he made from amongst a panel of three names for each vacancy recommended by the Representation Committee set up in terms of section 23 and in accordance with procedure as may be prescribed: Provided that effort shall be made, without compromising on quality or qualification, to give fair representation to women on the Senate: Provided further that

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Section 23

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ection (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 23. Appointment of persons proposed by the Representation Committee may be made by the Senate on the recommendation of the President. (4) The quorum for a meeting of the Syndicate shall be one­half of the total number of mem

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Section 23

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nt 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 23. Appointment of persons proposed by the Representation Committee shall be made by the Senate on the recommendation of the President. (3) The Academic Council shall act as an advisory and implementing body for the decisions

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Section 16

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shall be Representation Committees constituted by the Senate through Statutes to recommend persons for appointment to the Senate in accordance with the provisions of section 16. (2) There shall also be a Representation Committee constituted by the Senate through Statute to recommend persons for appointment to the Syndicate and the Academic Council in accordance with the provisions of sections 1

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Section 6

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ly: — (a) the courses of study for degree diplomas and certificates of the University; (b) the manner in which the teaching referred to in sub­section (1) of section 6 shall be organized and conducted; (c) the admission and expulsion of students to and from the University; Page 24 of 29 (d) the conditions under which students shall be admitted to the courses and the ex

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Section 16

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oon as the procedure prescribed for appointment of University Teachers to the Senate has to be complied with. The term of tenure provided in sub­section (4) of section 16 notwithstanding one­third of the members, other than ex­officio members, of the first Senate, to be determined by lot, shall retire from office on the expiration of one year from the date of appointment by the Chancellor.

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Article 212 of Constitution of the Islamic Republic of Pakistan

Cited by National Defense University Act (NDU) , 2011

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terms and conditions of service prescribed by Statutes shall be persons in the service of Pakistan for the purposes of any court or tribunal set up by law in terms of Article 212 of the Constitution of the Islamic Republic of Pakistan: Provided that any provision as regards the terms and the conditions of the employment of persons in the service of Pakistan in general or in comparable employment notwithstanding the service of persons employed by the

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Target heading · Constitution of the Islamic Republic of Pakistan

212. Administrative Courts and Tribunals.__ (1) Notwithstanding anything hereinbefore contained the appropriate Legislature may by Act 1[provide for the establishment of] one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of__ (a) matters relating to the terms and conditi

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Section 20 of Trusts Act, 1882

Cited by National Defense University Act (NDU) , 2011

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sets and liabilities of the University; (e) to invest any money belonging to the University including any un­applied income in any of the securities describe in section 20 of the Trusts Act, 1882 (Act II of 1882), or in the pur chase of immovable property or in such other manner, as it may prescribe, with the like power of varying such investment; Page 19 of 29 (f) to receive and manage any pro

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