Working Document Model University Statutes (Draft) Statutes.pdf · a premature increment in the scale of pay of the higher post. Increments 15. Annual Iincrements in Basic Pay Scales

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Working Document

Model University Statutes (Draft)

S.# Title Page #

1. Teachers appointment & scales of pay Statutes, 2015

2. Service Statutes, 2015

3. Administrative staff appointment and scales of pay Statutes, 2015

4. Support staff appointment, promotion & scales of pay Statutes, 2015

5. Pension and gratuity Statutes, 2015

6. Insurance Statutes, 2015

7. Employees general provident fund Statutes, 2015

8. Benevolent fund Statutes, 2015

9. Authorities of the university

10. Annual report Statutes 2015

11. Fee and other miscellaneous charges Statutes, 2015

12. Maintenance of register of the registered graduates Statutes, 2015

13. Affiliation and de-affiliation of educational institutions And related matters Statutes, 2015

14 Tenure track Statutes, 2015

15. Election to the syndicate Statutes, 2015

16. Election to the senate Statutes, 2015

17. Admission of educational institutions to the privileges of the university and

withdrawal of such privileges Statutes, 2015

18. Powers and duties of officers and teachers Statutes, 2015

19. Conditions under which the university may enter into agreements with other institutions/organizations or with public bodies for purposes of research and advisory services Statutes, 2015

20. Professors emeritus Statutes, 2015

21. Award of meritorious professor basic pay scale-22 Statutes, 2015

22. Conditions under which the university may enter into agreements with other institutions or with public bodies for purposes of research and advisory services Statutes, 2015

23. Employees efficiency and discipline Statutes, 2015

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24. Leave Statutes, 2015

25. Form and manner for maintenance of university accounts, statutes, 2015

26. Audit of accounts Statutes, 2015

27. Honorary degrees Statutes, 2015

28. Fee Statutes, 2015

29. Emergency committee Statutes, 2015

30. Re-Employment Of Superannuated/ Retired Persons In The University Service Statutes, 2015

31. Statutes for plagiarism and cheating Statutes, 2015

32. Employees and Positions Upgradation Statutes, 2015

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TEACHERS APPOINTMENT & SCALES OF PAY STATUTES, 2015

Title

1. Framed in pursuance of Section 28(1) (d) of the Khyber Pakhtunkhwa Universities Act, 2012, the Statutes shall be called “Teachers Appointment & Scales of Pay Statutes, 2015”.

Commencement

2. The Statutes shall come into force at once.

Application

3. The Statutes shall apply to Teachers, as defined in Clause (y) of Section-2 of The Khyber Pakhtunkhwa Universities, Act 2012, as given below:

“Teachers” include Professors, Associate Professors, Assistant

Professors, Lecturers and Research staff engaged whole time by the

University for teaching degree, honours or post-graduate classes, and

such other persons as may be declared to be teachers by the

Regulations;

Definitions

4. (i) In the Statutes, unless the context otherwise requires, the following

expressions shall have the meanings assigned to them as under:

a. “Act” means the Khyber Pakhtunkhwa Universities Act, 2012.

b. “University” means the University of .

c. “Selection Board” means Selection Board of the University.

d. “Initial Recruitment” means appointment other than by promotion or transfer.

e. “Government” means Government of Khyber Pakhtunkhwa.

f. “Pay” includes special pay, personal pay or any other emolument, which is specially classed as pay.

g. “Schedule” means the Schedule annexed to the Statutes.

h. “Substantive Pay” means the basic pay, other than special pay,

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personal pay, etc., to which a University Employee is entitled on account of his substantive appointment to a post in a specified pay scale.

i. The pronoun “He” refers to male or female employee, as the case may be.

(ii) All other expressions, used in the Statutes, shall have the same

meanings as are assigned to them by Section-2 of the Act.

Method of Appointment

5. Appointment to various posts of Teachers shall be made by initial recruitment, after due publicity of the vacancies in the National Press as well as on the University website.

6. Appointment to these posts shall be made by the Syndicate, on the recommendations of the Selection Board, subject to fulfillment of the conditions of educational qualifications and experience, as shown in the Schedule to the Statutes.

7. Teachers sent by the University for higher education/training abroad, shall be considered for appointment to higher scales of pay, provided they apply for the advertised post and compete in person/visual electronic media in the Selection Board.

8. Criteria for evaluation of the candidates for selection shall be such as prescribed by the Syndicate.

9. Test, interview or other method of evaluation of the candidates shall be such as prescribed by the Syndicate.

10. On promotion/ appointment to next higher post, the actual pay of the higher post should be given to him only when he resumes the duties of the higher post on his return from training.

11.10. Basic Pay Scales and Other Fringe Benefits

12.11. The Teachers shall be governed by the Schemes of Basic Pay Scales and other related benefits, sanctioned by the Government for its employees from time to time, subject to their adoption by the University.

13.12. The following Basic Pay Scales shall be admissible to Teachers:

S. No. Post BPS

i. Lecturer or equivalent 18

ii. Assistant Professor or equivalent 19

iii. Associate Professor or equivalent 20

iv. Professor or equivalent 21

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Fixation of Pay on Appointment to Higher Post

14. When a Teacher is appointed from a lower post to higher post, where the stage in the scale of pay of the higher post, next above the Substantive Pay of the teacher concerned in the scale of pay of the lower post, gives a pay increase equal to or less than a full increment in the pay scale of higher post, the initial pay in the scale of pay of the higher post shall be fixed after allowing a premature increment in the scale of pay of the higher post.

Increments

15. Annual Iincrements in Basic Pay Scales shall fall due on the first day of

December, following the completion of at least six months service at a stage,

in the relevant scale of pay.

Provided that if an employee, before reaching the maximum of the pay scale,

is appointed to a higher scale of pay, or is brought to a higher scale due to

upgradation of his post, between 2nd June and 30th November of a calendar

year, he may, at his option, get his pay refixed in the higher scale on 1st

December of that year, with reference to his presumptive pay in his lower

scale, if that is more beneficial to him.

16. Age Limit

S.No. Position Minimum Limit (yrs)

Upper Limit (yrs)

1 Lecturer 23 22 30

2 Assistant Professor* 28 25 35

3 Associate Professor*

34 29 40

4 Professor* 40 33 55

(*) Not applicable to existing faculty members of the University.

Advance Increments for Higher Qualifications

17. As prescribed in Section-6 (iv), Section-17 read with Section-20 (c) & (i) of the Act, the terms and conditions of employment of the Officers, Teachers and

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other employees of the University may be different from those applicable to Government servants in general;. and the The Selection Board in certain cases may recommend up to four advance increments at the time of initial appointment for the reason to be recorded in writing, a higher pay in the same scale..

Allowances

18. The following monthly allowances shall be admissible.

i. House Rent Allowance

(a) A Teacher who has not been provided residential accommodation, in

his name, by the University shall be entitled to House Rent Allowance

at 45% of the minimum of the relevant Scale of Pay 2008 or as revised

by the syndicate from time to time, irrespective of where he resides,

Provided that if one of the spouses has been allotted accommodation

by the University or hired accommodation, the other one will be

entitled to get House Rent Allowance.

(b) In case of University accommodation, additional 5% of the basic pay

will be charged for house maintenance.

ii. Conveyance Allowance per month subject to revision by

Syndicate from time to time.

a) Teachers BS-17 to BS-22 who have no

vehicles will be entitled to:-

Rs.5000

b) Teachers BS-20 & above who owns Personal

Car will be entitled to P.O.L charges subject to

providing attested copy of Car Registration

transferred on his/her name.

Rs.9000

c) Dean, Chairperson, Director of Institute and

Head of Departments will be provided official

vehicle subject to availability.

P.O.L as

per

entitlement

iii. Medical Allowance

This allowance shall be admissible at the following rates, however,

any subsequent change(s) made by HEC by time to time shall be

applied:-

I. For Married Employees including divorced/widows having

children:

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@ 35% of the Basic Pay subject to maximum of Rs. 8320/- p.m.

II. For Un-Married Employees

@ 17.5 % of the Basic Pay subject to maximum of Rs. 4160/-

p.m.

Note: - Reimbursement will be allowed in case of indoor treatment

in Government hospitals and those private hospitals

listed on the University panel provided specialized

facilities are not available in public sector hospitals. In

case of emergency referred to by the Senior Registrar of

the Government hospitals, outdoor medical

reimbursement is also allowed approved by the

Syndicate on recommendation of the F&PC. In addition

reimbursement of X-Rays, M.R.I, C.T. Scan, Ultrasound

and other Laboratory tests would be admissible.

Furthermore, in case of home treatment prescribed by

the relevant specialist as a post treatment, shall be

reimbursable with the approval of the Syndicate

iv. Entertainment Allowance

Entertainment allowance shall be admissible to all

employees in BPS-19 & above on syndicate approved

rates.

v. Senior Post Allowance

Senior Post Allowance shall be admissible to employees

in BPS-20 &above at the rate approved by Syndicate.

vi. Orderly Allowance

All University employees in BPS-20 and above shall be

entitled to orderly allowance as approved by syndicate.

vii. PhD stipend:-

An indigenous PhD stipend of Rs.2250/- per month will

be admissible to all those employees who undertake PhD

degree during service and shall be admissible for a

period not exceeding 36 months irrespective of their

Basic Pay Scales. Stipend shall, however, stand

discontinued on the receipt of another Scholarship.

viii. Special Science & Technology Allowance:-

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A Special Science & Technology Allowance @ of

Rs.7500/- per month (as revised from time to time) shall

be admissible to all those employees who hold a Ph.D.

/D.Sc. degree, irrespective of their Basic Pay Scales.

ix. Headship allowance

Faculty members holding the following positions on

additional charge basis shall be entitled to monthly

allowances, indicated against each subject to revision by

Syndicate:-

Position Rupees

a. Dean of Faculty 5000

b. Chairperson of Department /Director

and Sectional Head.

4000

c. Addl. Director Teaching/ Addl.

Registrar/ Addl. D.F/ Associate

Director Farm/ Addl. / Senior

Warden/ Addl. Provost/ Addl.

DASAR/ Dy. Chief Proctor/ Dy.

Provost/ Dy. DASAR and Warden.

Note: Faculty member holding the

position of any other office without

any vacant sanctioned post shall

also be entitled to monthly

allowance.

3000

x. Focal Person allowance

Faculty members holding the position of Focal Person of HEC or other office without any vacant sanctioned post shall be entitled to monthly allowance of Rs.2000/- subject to revision by Syndicate.

xi. Telephone/DSL reimbursement facility.

The telephone, DSL and mobile bills reimbursement will

be permissible to the entitled faculty as approved by

Syndicate.

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xii. Special incentive :

To attract and retained the talent in Universities located

in less developed and small cities, all the employees in

BPS-18 and above will be admissible special incentive @

30 % of the pay subject to maximum of Rs. 20000/- per

month.

xiii. Adhoc compensatory allowance/Adhoc relief etc

allowance:

Adhoc compensatory allowance notified by the

Government from time to time shall be admissible to the

employees of the University.

xiv Dearness Allowance:

Dearness allowance notified by the Government from

time to time shall be admissible to the employees of the

University.

Additions and Alterations to the Schedule

19. The Syndicate may recommend to Senate, from time to time, create a new

post, abolish or re-designate an existing post or make other

additions/alterations in the Schedule, with such conditions as it may deem fit,

in accordance with the provisions of the Act.

Removal of Difficulties

20. If any difficulty arises in giving effect to any of the provisions of the Statutes,

the Syndicate in individual cases may make such decision, not inconsistent

with the provisions of the Statutes, or the Act as may appear to be necessary

for the purpose of removing the difficulty.

Interpretation

21. Whenever a dispute arises in the application or interpretation of the Statutes, it

shall be referred to the Anomaly Committee, appointed by the Syndicate. The

decision of the Syndicate in all such cases, after consideration of the

recommendations of the Anomaly Committee, shall be final.

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Anomaly Committee

22. Whenever a dispute arises in the application or interpretation of these Statutes, it shall be referred to the following Anomaly Committee.

(a) Vice Chancellor Convener

(b) Two Deans to be nominated by the Vice Chancellor Member

(c) Director Academics Member

(d) Chairman / HOS of the concerned department / section Member

(e) Registrar Member /Secretary

(f) Nominee of the Higher Education Department,

Khyber Pakhtunkhwa Member

(g) Nominee of the Establishment Department,


(h) Nominee of the Finance Department,


The recommendations of the Anomaly Committee shall be placed before the Syndicate for consideration. The decision of the Syndicate shall be final.

Schedule

Qualification & Experience Required for Appointment to

Various Posts of Teachers

S.No.

Post BPS Minimum Required Qualification

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Each University should propose an exhaustive list of kind of existing positions as well those they foresee that they may require in future. They may also propose minimum qualification and experience based on their experience of recruitment.

Utmost effort be made to prepare an exhaustive list of positions in each

of the schedule.

Specialized universities like Agriculture, UET, KMU etc., may propose

separate schedules taking care of the first two bullets.

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SERVICE STATUTES, 2015

Title

1. The Statutes framed in pursuance of Section 28 (1) (d) and Section 41(1) of

the Khyber Pakhtunkhwa Universities Act, 2012, shall be called “Service Statutes,

2015”.

Commencement


Application

3. The Statutes shall apply to all persons in the service of the University, except:

(a) a person appointed on contract;

(b) a person serving in the University on deputation from another

organization;

(c) the staff paid from contingencies, or serving on work-charged or part-

time basis, or persons employed occasionally, whose appointments

are governed by the letters of their appointment.

Definitions

4 (i) In the Statutes, unless the context otherwise requires, the following

expressions shall have the meanings hereby, respectively, assigned to them

as under:

(a) “Government” means the Government of Khyber Pakhtunkhwa.

(b) "University" means The University of .

(c) "Employee" means a university employee to whom the Statutes apply in terms of Statute 3 above.

(d) “Act” means Khyber Pakhtunkhwa Universities Act, 2012.

(d)(e) Appointment means initial appointment OR, appointment by promotion OR appointment by transfer.

(e)(f) "Appointing Authority" means an officer/authority, which is competent

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to make appointment to a post under the Act.

(f)(g) "Prescribed" means prescribed by the Statutes or other Statutes, Regulations and Rules made under the Act.

(g)(h) "Temporary Post" means a post sanctioned for a limited time.

(h)(i) "Permanent Post" means a post sanctioned without limit of time.

(i)(j) "Initial Appointment" means appointment made otherwise than by promotion or transfer.

(j)(k) "Regular Appointment" means an appointment made in accordance with the prescribed procedure against a clear vacancy.

(k)(l) "Adhoc Appointment" means appointment of a duly qualified person made otherwise than in accordance with the prescribed manner of recruitment, pending recruitment in accordance with such manner.

(l)(m) "Pay" means the amount drawn monthly by an employee as pay, special pay, personal pay, technical pay, or any other emoluments.

(m)(n) "Emoluments" means the amount drawn monthly by an employee as pay or allowances of any description.

(n)(o) "Presumptive Pay" of a post means the pay to which an employee would be entitled if he held the post in a substantive capacity and were performing its full time duties and responsibilities.

(o)(p) "Foreign Service" means service in which an employee receives emoluments, with the sanction of the University, from a source other than the University Funds.

(p)(q) "Substantive Pay" means the basic pay, other than special pay, personal pay, etc., to which an employee is entitled on account of his substantive appointment to a post in a specified pay scale.

(q)(r) The pronoun "He", used in relation to an employee, refers to male or female, as the case may be.

(ii) All other terms and expressions shall have the same meanings as assigned

to them under Section 2 of the Act.

Terms and Conditions of Service of University Employees

5. The terms and conditions of service of an employee shall be as provided

under the Statutes as well as other Statutes, and by such rules as may be

made by the Syndicate.

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6. All appointments to the posts in the University shall be made in accordance

with the Appointment and Scales of Pay Statutes of the respective cadres.

7. No person shall be appointed to a post under the University without a medical

certificate of health. The certificate shall be attached to his first pay bill, which

shall be returned by Audit, after being seen, so that it is placed in the personal

file of the employee concerned.

Note: Medical certificate shall be issued by the Standing Medical Board or Civil

Surgeon, as the case may be.

8 (i) Two or more employees cannot be appointed substantively to the same

permanent post at the same time.

(ii) An employee cannot be appointed substantively, except as a temporary

measure, to two or more permanent posts at the same time.

(iii) An employee cannot be appointed substantively to a post on which another

employee holds a lien.

Probation

9. Probation, in the case of an initial appointment to a permanent post in the

University service, shall be for a period of one year, extendable for further two

one years.

10. Appointments by promotion or transfer shall also be made on probation for a

minimum period of one year, extendable by a further period of one year.

11. If in the opinion of the Appointing Authority the work or conduct of an

employee, during the period of probation, has not been satisfactory, it may,

notwithstanding that the period of probation has not expired, dispense with his

services, provided that the employee will be given a chance of show cause.;

Provided that if the employee was holding another post before his

appointment, he shall be reverted to his former post.

Confirmation

12 (i) On completion of the period of probation of an employee, the Appointing

Authority may, subject to the provisions of Section 13, confirm him in his

appointment, against a permanent/substantive post, or if his work or conduct

has, in the opinion of such authority, not been satisfactory :

(a) in case of initial appointment, dispense with his services; or

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(b) in case he has been appointed otherwise, revert him to his former post,

and if there be no such post, dispense with his services; or

(c) extend the period of probation by a period not exceeding the

prescribed limit and, during or on the expiry of such period, pass such

orders as it could have passed during or on the expiry of the initial

probationary period.

(ii) On the expiry of the maximum period of probation, an employee shall be

deemed to have been confirmed in service against a permanent post unless

there is an order to the contrary or his services have been dispensed with

earlier.

13. No employee shall be confirmed in a post in the University service unless he

successfully completes such training, course, or research assignment, or

passes such test, as was applicable at the time of his appointment to the

post.

Seniority

14. For the purpose of making appointments, seniority shall have relevance only

within the group/cadre which is eligible for the position to which appointment

is being made.

15 (i) The seniority inter se of employees (appointed to a cadre or post) shall be

determined:

(a) in the case of persons appointed by initial recruitment, in accordance

with the order of merit assigned by the Selection Board/Committee;

provided that persons selected for appointment to a post in an earlier

selection shall rank senior to the persons selected in a later selection;

and

(b) in the case of persons appointed otherwise, with reference to the dates

of their continuous regular appointment in the post; provided that the

employees selected for promotion to a higher post in one batch shall,

on their promotion to the higher post, retain their inter se seniority as in

the lower post.

(c) Seniority List:- For proper administration of a service, cadre or post,

the University shall cause a seniority list of the members for the time

being of such service, cadre or post on 31st December of each year.

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Explanation - I

If a junior person in a lower post is promoted to a higher post by superseding

a senior person, and subsequently that senior person is also promoted, the

person promoted first shall rank senior to the person promoted subsequently.

Explanation - II

A junior person shall be deemed to have superseded a senior person only if

both the junior and the senior persons were considered for the higher post

and the junior person was appointed in preference to the senior person.

(ii) Seniority in various cadres of employees appointed by initial recruitment vis-

a-vis those appointed otherwise shall be determined with reference to the

dates of their regular appointment to a post in that cadre; provided that if the

two dates are the same, the person appointed otherwise shall rank senior to

the person appointed by initial recruitment.

(iii) Seniority inter se of employees on subsequent appointments to posts in the

higher scales of pay on the same date shall be determined on the basis of

seniority inter se in lower scales of pay, unless otherwise prescribed.

16. Promotion: An employee processing such minimum qualification,

experience and length of service as may be prescribed shall be eligible for

promotion to higher scale/post.

Lien

176. An employee, on substantive appointment to any permanent post, acquires a

lien on that post and ceases to hold any lien previously acquired on any other

post.

187. An employee holding substantively a permanent post retains a lien on that

post:

(a) While on duty in that post;

(b) While working on another post in an officiating capacity for a period of

three years, which is extendable by the Syndicate up to five years, for

reasons to be recorded;

(c) While on deputation to a foreign service;

(d) While on joining time or transfer to another post;

(e) While on leave; and

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(f) While under suspension.

Transfers

198 (i) As provided in Section 11 (2) and 5 (a) of the Act, the Vice Chancellor

may, in consultation with the Head of the Department concerned, transfer any

employee from one post to another, within the University, in the same pay

scale; provided that such employee does not suffer a loss in salary by such

transfer.

(ii) As provided in Section 51 (1) of the Act any Officer, teacher, or other

employee of the University shall, as the Chancellor may direct, serve in a

Government Department or an educational or research institution in the public

interest:

Provided that the terms and conditions offered to him shall not be less

favourable than those admissible to him in the University and that full benefit

of his previous service shall be allowed to him.

Provided further that, in the case of a teacher, such direction shall be issued

after consulting the Syndicate.

Bar to Engage in Other Employment

2019. The whole time of the employee is at the disposal of the University and he

may be employed in any manner required by the University, without claim for

additional remuneration.

2120. An employee shall not, except with the prior previous permission of the Vice

Chancellor in writing, engage in any trade, occupation, business, or calling,

other than his official duties under the University; provided that this prohibition

shall not prevent him from accepting any examination work.

Pay

2221. Notwithstanding anything to the contrary, contained in the Statutes, all

employees shall be placed in the Pay Scales as provided under relevant

Statutes and shall be governed by the conditions mentioned therein. Any

subsequent change made by the Government from time to time shall be

applicable mutates-mutandis.

2322. An increment in the pay scales shall ordinarily be drawn as a matter of

course, unless it is withheld under the Efficiency and Discipline Statutes,

2015.

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2423. An employee appointed to hold charge of an additional post shall be entitled

to additional pay as under:

(a) Where an employee is formally appointed to the additional sanctioned

post and discharges full duties of that post, he shall be allowed

additional pay @ 20% of his pay, subject to revision by syndicate as

notified from time to time.

(b) Where an employee holds the current charge of an additional

sanctioned post, he shall be allowed additional pay @ 20% of his pay,

subject to revision by the syndicate as notified from time to time.

(c) The duration of dual charge or current charge shall not normally

exceed six months;

Provided that if it is not feasible to fill in the vacancies, through regular

appointment, the Syndicate may allow the extension of dual

charge/current charge, for a further period not exceeding one year,

giving full justifications and reasons to be recorded in writing.

(d) No additional pay will be admissible if the additional charge/current

charge is held for a period of less than one month.

(e) Additional pay shall not be admissible without prior orders in writing of

the Vice Chancellor or Syndicate, as the case may be.

(f) Ex-post-facto sanction for the grant of remuneration for holding

additional charge/current charge shall be given by the Syndicate on

case to case basis.

(g) Appointment on Acting charge basis: An employee being senior most

in the cadre or organization, who is otherwise eligible for promotion

may be appointed on acting charge basis and shall..

(i) Assume full duties and responsibilities of the post and exercise all

statutory administrative and financial powers vested in the regular

incumbent of the post,

(ii) During the post of such appointment shall be entitled to draw pay,

allowances and all perks attached with that post which pay and

allowances etc would have been fixed as by a regular incumbent, and

(iii) in case if Acting charge appointment to post carrying BPS-18 and

above, the incumbent shall have completed the prescribed length of

service for respective post as under:

BPS 18 post: 05 years service in BPS-17

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BPS 19 post 12 years service in BPS 17 & above

BPS 20 post 17 service in BPS 17 & above

BPS 21 post: 22 years service in BPS 17 & above

Pay on Re-Employment

2524. The re-employment of a person in the University service, and the grant of

pay, etc., during such re-employment, shall be governed by such rules and

orders as may be approved by Syndicate, from time to time.

Honorarium

2625. An employee may be granted an honorarium from the University Fund as

remuneration for work performed which is occasional in character and either

so laborious in nature or of such special merit as to justify a special reward.

The total amount of honorarium of an employee during a financial year shall

not normally exceed his one month's pay.

Fee

2726. An Appointing Authority may permit an employee to perform a specified

service or series of services for a private person, or body, or for a public body

including a body administering a local fund, or for Government, or for a

national/international agency, and to receive as remuneration for it a non-

recurring or recurring fee, if it is satisfied that this can be done without

detriment to his normal duties, provided that 1/3rd of any fee paid to the

employee shall be credited to the University fund.

Retirement

2827. The age of retirement/superannuation of employees shall be as approved by

the syndicate from time to time.

2928. An employee shall have the option of seeking voluntary retirement on

completion of 2520 years qualifying service, or as may be approved amended

by syndicate from time to time.

Suspension

3029. Subject to review of relevant rules and orders, an employee under

suspension is entitled to subsistence grant, comprising of full pay and

allowances last drawn by him immediately before his suspension, and all

Formatted: Indent: Left: 1"

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other benefits and facilities enjoyed by him as part of his service conditions

prior to such suspension.

3130. An employee committed to prison, either for debt or on a criminal charge,

shall be considered as under suspension so long as he is so committed and

shall be allowed for that period only the payment laid down in Statute 29.

3231. Where an employee, who has been dismissed or removed from service, is

reinstated, the revising or appellate authority may grant to him for the period

of his absence from duty:

(a) if he is honourably acquitted, the full pay to which he would have been

entitled if he had not been dismissed or removed and, by an order to

be separately recorded, any allowance of which he was in receipt prior

to his dismissal/removal; or

(b) if otherwise, such portion of such pay and allowances as the revising

or appellate authority may prescribe.

In a case falling under clause (a), the period of absence from duty shall be

treated as a period spent on duty. But in a case falling under clause (b), it will not be

treated as a period spent on duty, unless the revising or appellate authority so

directs.

Explanation:

In this Statute, the revising authority "means the "authority" or "Authorized

officer" as defined in the Efficiency and Discipline Statutes, 2015, who passes

the final order on the case, and not the authority who passes an order on

appeal.

3332. Leave may not be granted to an employee under suspension.

Resignation

3433. An employee desirous of resigning from service shall give to the Vice

Chancellor a prior notice of such period as given below, or as provided in his

special contract of service:

Category Period of Notice

(Days)

Grade 16 & Above 9030

Grade 05 to 15 6030

Grade 01 to 04 30

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Probationers in Grade 16 & Above 6030

Probationers in Grade 05 to 15 30

Probationers in Grade 01 to 04 & Temporary

Employees

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Provided that in case of failure to give notice, the employee shall forfeit to the

University the emoluments of the period of the notice. The Appointing

Authority may, however, waive the forfeiture of the whole or part of the

emoluments if it is satisfied that the notice could not be served by the

employee due to circumstances beyond his control;

Provided further that if the University terminates the services of an employee,

due to retrenchment or otherwise, it shall also give him a likewise notice, or in

lieu thereof, shall pay him emoluments for the notice period.

3534. When an employee gives a notice of resignation, he shall not be granted any

leave other than sick leave or casual leave.

3635. An employee on leave, other than sick leave or casual leave shall give a

notice of resignation for a period of at least one month after the expiry of his

leave.

3736. If in the case of a teacher, the period of notice, as specified in Statutes 33 &

35 34 & 36, expires during the summer vacation or within one month after the

last day thereof, the employee so resigning shall not be paid more than half

the emoluments otherwise payable to him for the summer vacation;

Provided that the teacher so resigning who at the time of giving such notice

shall have served the University for less than one year or for less than the

minimum period for which he was engaged, whichever is longer, shall forfeit

the whole of the salary otherwise payable to him for the summer vacation.

Retrenchment

3837. When an employee is required to be retrenched, on the abolition of his post,

he will be entitled to the period of notice, or emoluments in lieu thereof, as

provided in Section 3433.

Pension, Insurance and Gratuity

3938. In the matters of pension, Insurance and gratuity, the employees shall be

governed by the Statutes relating to Pension and Insurance.

22

Benevolent Fund/ Welfare Fund:

4039. In the matters of Benevolent Fund, the employees shall be governed by the

University Statues relating to Benevolent Fund/Welfare Fund.

General Provident Fund

4140. In the matters of General Provident Fund, the employees shall be governed

by the Statues relating to General Provident Fund.

Conduct

4241. The conduct of the employees shall be regulated by the Conduct Statutes of

the employees.

Efficiency and Discipline

4342. In the matters of efficiency and discipline, the employees shall be governed

by the Statutes relating to Efficiency and Discipline.

Leave

4443. In the matters of leave, the employees shall be governed by the Leave

Statutes.

Training

4544. An employee, while on training, shall be treated as on duty. The period of

training shall be restricted to the limit actually required for the completion of

the studies, subject to a maximum of five years during the whole service of

the employee.

Right of Appeal or Representation

4645

(i) An appeal, or application for review, under Section 40 of the Act, shall be made within 30 days of the impugned order.

(ii) Where no provision for appeal or review exists in the Statutes, the employee may, within 30 days of the communication to him of such order, make a representation against it to the authority next above the authority which passed the order;

23

Provided that no representation shall lie on matters relating to the determination of fitness of a person to hold a particular post or be promoted to a higher post or scale of pay.

(iii) As provided in Section 41 (1) of the Act, 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 conditions of 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.

Service Books

4746. A service book shall be maintained for each employee in BPS 1 to 16 and

service history sheet of employee in BPS 17 & above and kept up to date.

Each event in his official career shall be recorded in the service book. The

service verification shall be carried out every year and the fact recorded in the

service book.

Performance Evaluation

48 47(i) Character Rolls of the employees in Grade 5 to Grade 16 shall be

maintained by the Heads of Departments, under whom they are serving. The

views in respect of work and conduct of an employee shall be recorded

annually in his Character Roll by the Head of Department/Sectional Head.

(ii) Annual Performance Evaluation Report shall be written for employees in

Grade 17 and above by the Heads of Departments under whose

administrative control they are working and record their performance on

quarterly annual basis as part of the Annual Confidential Reports.

(iii) Annual Performance Evaluation Reports of all employees in Grade 2120 and

above and of all Academic and Administrative Heads shall be written by the

Vice Chancellor, who shall also countersign Annual Performance Evaluation

Reports of academic employees teachers & administrative staff in Grade 20.

(iv) The Character Rolls and Performance Evaluation Reports shall be completed

by end of February each year. Any adverse remarks shall be communicated

24

to the concerned employee by the officer who maintains the Character Rolls

or Performance Evaluation Reports, as indicated in sub-clause (v) below, by

30 June at the latest.

(iv) Responsibility for the safe-custody and maintenance of the Performance Evaluation Reports shall rest as under:-

Name of Officer Sphere of Responsibility

i. Registrar (a) Performance Evaluation Reports of Deans,

Chairmen and other Faculty Members in Grade 20 and above.

(b) Performance Evaluation Reports of the officers of Administrative Cadre in Grade-17 and above.

ii. Deans of Faculties Performance Evaluation Reports of the officers in Grade-19 and below, serving under them.

iii. HoD/HoS Performance Evaluation report of all employees in BPS 1 to 16 working under them.

Residence

4948. In matters of allotment of residence, the employees shall be governed by the

Employees Residence Statutes.

Medical Attendance

5049. In the matters of Medical Attendance, the employees shall be governed by

the Medical Attendance Statutes??.

Residuary Provisions

5150. In all other matters, not specifically provided for in the Statutes, the

employees shall be governed by such rules and orders as are for the time

25

being in force and applicable to persons holding corresponding posts in

Government service; unless in any particular case the Syndicate decides

otherwise.

5251. In a case where the operation of the Statutes involves undue hardship to an

employee, the Syndicate may, for reasons to be recorded in writing, relax any

of the Statutes in his favour, with the approval of the Chancellor;

Provided that such relaxation is not ultra vires of the Act.

REMOVAL OF DIFFICULTIES

5352. If any difficulty arises in giving effect to any of the provisions of these Statutes, the Syndicate in individual cases may make such decision, not inconsistent with the spirit of these Statutes, as may appear to be necessary for the purpose of removing the difficulty, provided that such a decision is not ultra vires of the Act.

5453. ANOMALY COMMITTEE

Whenever a dispute arises in the application or interpretation of these Statutes, it shall be referred to the following Anomaly Committee.

a. Vice Chancellor Convener b. Two Deans to be nominated

by the Vice Chancellor Member

c. Director Academics Member d. Chairman / HOS of the concerned

department / section Member

e. Nominee of the Higher Education Department, f. Khyber Pakhtunkhwa

Member

g. Registrar Member /Secretary

h. Nominee of the Establishment Department, Khyber Member

i. Nominee of the Finance Department, Khyber Pakhtunkhwa Member

26

The recommendations of the Anomaly Committee shall be placed before the Syndicate for consideration. The decision of the Syndicate shall be final.

5554. RULES AND REGULATIONS

The authorities and other bodies of the University may make Rules and Regulations in accordance with the provisions of The

Act.

5654. AMENDMENTS IN THE STATUTES

Any amendment / modification in these Statutes shall be made by the Syndicate on the recommendations of Anomaly Committee to be constituted by the Syndicate for this purpose.

ADMINISTRATIVE STAFF APPOINTMENT AND SCALES OF PAY STATUTES, 2015

1) TITLE

These Statutes, framed in pursuance of Section 28(1) (d) of the Khyber

Pakhtunkhwa Universities Act, 2012, shall be called “Administrative Staff

Appointment and Scales of Pay Statutes, 2015”.

27

2) COMMENCEMENT & APPLICATION

These Statutes shall come into force at once and shall be applicable to the Administrative Staff in BPS-17 and above, except;

a. a person appointed on contract / adhoc/ fixed pay;

b. a person serving in the University on deputation; and

c. staff paid from contingencies or serving on work charge or part time basis or persons employed occasionally, whose appointments are governed by the letters of their appointments.

3) DEFINITIONS

Unless the context otherwise requires, the following expressions shall have the meanings hereby assigned to them:

(a) “University” means the University of ;

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

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

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

(e) “Selection Board” means Selection Board of the University;

(e)(i) Departmental Selection/Promotion Board means Selection Board of the University.

(f) “Act” means Khyber Pakhtunkhwa Universities Act, 2012;

(g) “Competent Authority” means authority designated as such by the Act, 2012 or the Statutes made there under or by a decision of the Syndicate or by an order of the Vice-Chancellor;

(h) “Selection Committee” means Selection and Promotion Committee of the University;

(i) “Advanced Studies and Research Board” means Advanced Studies and Research Board of the University;

(j) “Campus” means Campus of the University;

(k) “Foreign Service" means the service in which an employee receives his substantive pay with the sanction of the University from a source other than the University;

Formatted: List Paragraph, Numbered + Level:1 + Numbering Style: i, ii, iii, … + Start at: 1 +Alignment: Left + Aligned at: 1.5" + Indent at: 2"

Formatted: Font: (Default) Arial, 12 pt

28

(l) "Adhoc appointment" means appointment of a duly qualified person made otherwise than in accordance with the prescribed procedure of recruitment;

(m) “Constituent College” means Constituent College of the University;

(n) “Constituent Institute” means Constituent Institute of the University;

(o) “Dean” means Dean of a faculty of the University;

(p) “Chairperson” means Chairperson of the University Teaching Department;

(q) “Director” means Director of Constituent Institute/Section of the University;

(r) “Principal” means Principal of Constituent College of the University;

(s) “Head” means Head of Administrative Section of the University;

(t) “Coordinator” means Coordinator of the University sub Campus;

(u) “Initial Appointment” means appointment made against vacant post under the prescribed procedure other than by promotion;

(v) “Prescribed” means prescribed by the Act or Statutes made there under;

(w) “Permanent Post” means a post sanctioned without assigning any limit of time;

(x) “Pay” means the emoluments drawn monthly by an employee as pay including special pay, qualification pay, technical pay, personal pay, or any other emoluments;

(y) “Presumptive Pay” means the pay of a post to which an employee is entitled subject to his holding the same in a substantive capacity and performing its functions;

(z) “Pay Protection” means permitting pay not less than the last pay drawn by an employee before appointment against the same or a higher post;

(aa) “Regular Appointment” means an appointment made in accordance with the prescribed procedure, against a vacant permanent post;

(bb) “Substantive Pay” means the basic pay other than special pay, personal pay, technical pay etc. to which an employee is entitled on account of substantive appointment to a post in a specified scale;

29

(cc) “Temporary Post” means a post other than a permanent post;

(dd) “Employee” means a person who holds a permanent post in the University service and who is paid from the University funds;

(ee) All other terms and expressions shall have the same meanings as assigned to under Section-2 of the Act; and

(ff) The Pronoun “He” refers to both Male and Female employees.

4) COMPOSITION OF THE ADMINISTRATIVE STAFF

The Administrative Staff shall consist of the members, holding the posts specified in Schedule-V.

5) APPOINTING AUTHORITY

Appointment to the post of Administrative Staff shall be made by the

Syndicate, on the recommendation of the Selection Board, in the prescribed

manner.

6) ELIGIBILITY CRITERIA

Eligibility Criteria for appointment of Administrative Staff are prescribed in

Schedule-V. In case of semester system CGPA-3.00 will be considered in

place of First class Degree.

7) METHOD OF APPOINTMENT

(1) Appointment to all posts in BPS – 17, 18, 19 & 20 other than Registrar,

Treasurer, Controller of Examination and Auditor, shall be made as per

prescribed qualifications and experience mentioned in Schedule-V on

the following basis.

(a) 75% 25 % by Initial Appointment.

(b) 25% 75 % by Promotion on the basis of selection on merit cum

fitness from amongst the existing qualified staff.

(2) Appointment of Registrar, Treasurer, Controller of Examinations and

Auditor shall be made as per Section 13, 14, 15 and 16, respectively,

of the Act and as per prescribed qualification specified in Schedule-V.

(3) Where a post is reserved for appointment by promotion on the basis of

selection on merit and no suitable person from amongst the eligible

30

employees is available, the appointment to such post(s) shall be made

by initial recruitment, subject to fulfillment of the prescribed

qualification and experience.

(4) Where a post is reserved for appointment by initial recruitment, the

Syndicate may, in exceptional cases, allow appointment to such

post(s) to be made by transfer/promotion till the availability of regular

selectee, provided that the employee concerned is holding

appointment on a regular basis in the same pay scale in which the

vacancy exists, and possesses the qualification and experience

prescribed for initial recruitment to the post.

8) CONDITIONS FOR INITIAL RECRUITMENT

(1) Initial recruitment shall be made through open competition after public advertisement of the vacancies in at least two leading daily newspapers.

(2) No person shall be appointed by initial recruitment unless he fulfills the prescribed qualification, eligibility criteria and experience as laid down in column-04 of Schedule-V after observing the prescribed process and procedure for such appointments.

(3) Evaluation Criteria for initial appointment of Administrative Staff in BPS-17 are prescribed in Annexure – A.

(4) Selection Board Evaluation Proforma for initial appointment of Administrative Staff in BPS-17 is attached as Annexure – B.

(5) Evaluation Criteria for initial appointment of Administrative Staff in BPS-18, 19 and 20 are prescribed in Annexure – C.

(6) Selection Board Evaluation Proforma for initial appointment of Administrative Staff in BPS-18, 19 & 20 is attached as Annexure – D.

(7) Evaluation criteria proforma for appointment by promotion in BPS 17 & above is attached as Annexure- E

(6)(8)

9) CONDITIONS FOR APPOINTMENT BY PROMOTION ON THE BASIS OF SELECTION ON MERIT FROM AMONGST THE EXISTING ELIGIBLE QUALIFIED STAFF

a) Appointment by Promotion in BPS – 17 shall be made on the basis of selection on merit from amongst the existing eligible qualified staff in BPS-16 in the relevant cadre as per prescribed qualification, eligibility

31

criteria and experience laid down in column-05 of Schedule-V after observing the prescribed process and procedure for such appointments.

b) Appointment by Promotion in BPS-18 shall be made on the basis of selection on seniority-cum-fitness from amongst the existing eligible qualified staff in BPS-17 in the relevant cadre as per prescribed qualification, eligibility criteria and experience laid down in column-05 of Schedule-V after observing the prescribed process and procedure for such appointments.

c) Appointment by Promotion in BPS-19 shall be made on the basis of selection on merit cum fitness from amongst the existing eligible qualified staff in BPS-18 in the relevant cadre as per prescribed qualification, eligibility criteria and experience laid down in column-05 of Schedule-V after observing the prescribed process and procedure for such appointments.

(4) In case of appointment by promotion in BPS 20 & above shall be made on the basis of selection on merit, all the eligible candidates in BPS 19 shall be are considered, and the selection of the best one(s), from among the whole lot, is to be made purely on merit, as determined in the light of their performance evaluation reports, educational qualification, experience, and performance.

(4)(5) In case of promotion to BPS-17 and above the minimum experience would be as under;

BPS-17 at least 05 years ‘service in BPS-16 BPS-18 05 years’ Service in BPS-17

BPS-19 10 years’ Service in BPS-17 & above

BPS-20 15 years’ Service in BPS-17 & above

BPS-21 22 years Service in BPS-17 & above

10) Computing length of service for higher posts;

Half of the service in BPS-16 and one fourth in Basic Pay Scales lower than 16, if any, shall be counted as service in Basic Scale 17.

(5)(6) While considering the cases of appointment by promotion on the basis of seniority-cum-fitness on merit from lower to higher posts besides prescribed eligibility criteria, the following shall also be observed that:

(a) his Performance Evaluation Reports are free from adverse remarks.

(b) neither any Departmental Enquiry / any criminal proceedings

32

are pending against the officer nor has any major penalty been imposed upon the officer during the last five years.

(c) the officer has completed the minimum length of service as mentioned above.

(d) the officer has the relevant qualification for the post as prescribed in Schedule-V.

11) PAY SCALES

The Employees shall be governed by the Scheme of Basic Pay Scales as notified by the Government from time to time approved by the syndicate

12) FIXATION OF PAY ON APPOINTMENT BY PROMOTION OR INITIAL

APPOINTMENT TO A HIGHER POST

(1) In case of appointment of an employee in Basic Pay Scale 17 to 20 from a lower to a higher post, his pay shall be fixed at the stage in the scale of pay of the higher post, next above the substantive pay of the employee concerned in the scale of pay of the lower post, which gives a pay increase equal to or less than a full increment of the pay scale of higher post. The initial pay in the scale of pay of the higher post shall be fixed after allowing a premature increment.

(2) In case of promotion of an employee, who is already drawing pay in the same scale to which he has been promoted, he shall be allowed one premature increment in that scale with effect from the date of his promotion.

13) INCREMENTS

Annual Increments in the relevant Scale of Pay shall fall due on the 1st Day of December, following the completion of at least six months service at a stage in the relevant scale of pay, provided that if an employee, before reaching the maximum of the pay scale, is promoted to a higher scale of pay, between the 2nd June and the 30th November of a calendar year, he may, at his option, get his pay re-fixed in the higher scale on the 1stDecember of that year, with reference to his presumptive pay in his lower scale.

14) ALLOWANCES

Allowances

19. The following monthly allowances shall be admissible.

i. House Rent Allowance

(a) A Teacher who has not been provided residential accommodation, in

his name, by the University shall be entitled to House Rent Allowance

33

at 45% of the minimum of the relevant Scale of Pay as revised by the

syndicate from time to time, irrespective of where he resides,

Provided that if one of the spouses has been allotted accommodation

by the University or hired accommodation, the other one will be

entitled to get House Rent Allowance.

(b) In case of University accommodation, additional 5% of the basic pay

will be charged for house maintenance.

ii. Conveyance Allowance per month subject to revision by

Syndicate from time to time.

a) Teachers BS-17 to BS-22 who have no

vehicles will be entitled to:-

Rs.5000

b) Teachers BS-20 & above who owns Personal

Car will be entitled to P.O.L charges subject to

providing attested copy of Car Registration

transferred on his/her name.

Rs.9000

c) Dean, Chairperson, Director of Institute and

Head of Departments will be provided official

vehicle subject to availability.

P.O.L as

per

entitlement

iii. Medical Allowance

This allowance shall be admissible at the following rates, however,

any subsequent change(s) made by HEC by time to time shall be

applied:-

I. For Married Employees including divorced/widows having

children:

@ 35% of the Basic Pay subject to maximum of Rs. 8320/- p.m.

II. For Un-Married Employees

@ 17.5 % of the Basic Pay subject to maximum of Rs. 4160/-

p.m.

Note: - Reimbursement will be allowed in case of indoor treatment

in Government hospitals and those private hospitals

listed on the University panel provided specialized

facilities are not available in public sector hospitals. In

case of emergency referred to by the Senior Registrar of

34

the Government hospitals, outdoor medical

reimbursement is also allowed approved by the

Syndicate on recommendation of the F&PC. In addition

reimbursement of X-Rays, M.R.I, C.T. Scan, Ultrasound

and other Laboratory tests would be admissible.

Furthermore, in case of home treatment prescribed by

the relevant specialist as a post treatment, shall be

reimbursable with the approval of the Syndicate

v. Entertainment Allowance

Entertainment allowance shall be admissible to all

employees in BPS-19 & above on syndicate approved

rates.

v. Senior Post Allowance

Senior Post Allowance shall be admissible to employees

in BPS-20 &above at the rate approved by Syndicate.

vi. Orderly Allowance

All University employees in BPS-20 and above shall be

entitled to orderly allowance as approved by syndicate.

ix. PhD stipend:-

.

x. Special Science & Technology Allowance:-

A Special Science & Technology Allowance @ of

Rs.7500/- per month (as revised from time to time) shall

be admissible to all those employees who hold a Ph.D.

/D.Sc. degree, irrespective of their Basic Pay Scales.

ix. Headship allowance

Faculty members holding the following positions on

additional charge basis shall be entitled to monthly

allowances, indicated against each subject to revision by

Syndicate:-

Position Rupees

a. Dean of Faculty 5000

b. Chairperson of Department /Director

35

and Sectional Head. 4000

c. Addl. Director Teaching/ Addl.

Registrar/ Addl. D.F/ Associate

Director Farm/ Addl. / Senior

Warden/ Addl. Provost/ Addl.

DASAR/ Dy. Chief Proctor/ Dy.

Provost/ Dy. DASAR and Warden.

Note: Faculty member holding the

position of any other office without

any vacant sanctioned post shall

also be entitled to monthly

allowance.

3000

x. Faculty members holding the position of Focal Person of HEC or other office without any vacant sanctioned post shall be entitled to monthly allowance of Rs.2000/- subject to revision by Syndicate.

xi. Telephone/DSL reimbursement facility.

The telephone, DSL and mobile bills reimbursement will

be permissible to the entitled faculty as approved by

Syndicate.

xii. Special incentive :

To attract and retained the talent in Universities located

in less developed and small cities, all the employees in

BPS-17 and above will be admissible special incentive @

30 % of the pay subject to maximum of Rs. 20000/- per

month and all employees in BPS 1 to 16 @30 % of Basic

Pat subject the maximum of Rs. 6000 per month.

xiii. Adhoc compensatory allowance:

Adhoc compensatory allowance notified by the

Government from time to time shall be admissible to the

employees of the University.

xiv Dearness Allowance:

Dearness allowance notified by the Government from

time to time shall be admissible to the employees of the

University.

Formatted: Font: Bold

36

xv. Contingent Allowance: All Naib Qasids/Qasids,

Chowkidar, Daftari, Drivers etc shall be entitled for an

integrated contingent allowance @ Rs. 150 per month.

The following monthly allowances shall be admissible to the Employees under Section 14, subject to their revision by the Syndicate from time to time.

d. House Rent Allowance e. Medical Allowance f. Conveyance Allowance g. Entertainment Allowance h. Senior Post Allowance i. Orderly Allowance j. Ad hoc relief allowance k. Qualification allowance l. Integrated allowance m. Special incentive to attract the talent subject to the approval of the

competent authority

15) REMOVAL OF DIFFICULTIES

If any difficulty arises in giving effect to any of the provisions of these Statutes, the Syndicate in individual cases may make such decision, not inconsistent with the spirit of these Statutes, as may appear to be necessary for the purpose of removing the difficulty, provided that such a decision is not ultra vires of the Act.

16) ANOMALY COMMITTEE

Whenever a dispute arises in the application or interpretation of these Statutes, it shall be referred to the Anomaly Committee as per its composition in Section 5434 of Service Statutes. 2015. The recommendations of the Anomaly Committee shall be placed before the Syndicate for consideration. The decision of the Syndicate shall be final.

17) RULES AND REGULATIONS

The authorities and other bodies may make Rules and Regulations in

accordance with the provisions of the Act.

18) AMENDMENTS IN THE STATUTES

Any amendment / modification in these Statutes shall be proposed by the

37

Syndicate on the recommendations of the above mentioned Anomaly

Committee.

Annexure-A

EVALUATION CRITERIA FOR INITIAL APPOINTMENT OF ADMINISTRATIVE STAFF IN BPS–17

Sr.# Evaluation Head Marks

1 Academic Qualification 30

2 Additional Relevant Academic Qualification 10

3 Additional Relevant Experience 10

4 Test 20

5 Interview 3025

6 Gold Medalist (Maximum) 05

PROCEDURE / POLICY GUIDELINES FOR QUANTIFICATION

1. Academic Qualification = 30 Marks

The academic marks for the prescribed (eligibility) qualification shall be taken into account and calculated as follows:

Sum of the marks obtained per prescribed qualification = A

Prescribed Marks for Academic Qualification = B

Sum of the total maximum marks per prescribed qualification = C

A x B = Academic Qualification Marks

C

One mark shall be deducted for passing an examination in parts (upto 04 marks).

2. Additional relevant Qualification = 10 Marks

05 Marks for MS/M.Phil. degree in the relevant field

10 Marks for PhD degree in the relevant field 3. Additional Relevant Experience = 10 Marks

38

While awarding experience marks, the period of minimum requisite experience shall be deducted and thereafter one half marks per year shall be awarded for additional experience upto six years. In case additional marks exceed the limit of six years, the credit after this limit shall be one mark per year leading to a maximum of 10 marks.

4. Test = 20 Marks

5. Interview = 30 Marks

The procedure for marking shall be as under: Members of the Selection Board and subject experts (where necessary) shall

record their markings independently. After the interview the final grades of

candidates based on the assessment of the members shall be determined on

the basis of average. In case unanimous decision is not arrived at, the majority

decision of the members shall prevail. In the event of a tie, the Vice-Chancellor

shall exercise a casting vote.

Note: Where instead of marks, letter grades are assigned in a given examination, such grades shall be converted into percentage.

39

Annexure-

CB

EVALUATION CRITERIA FOR INITIAL APPOINTMENT OF ADMINISTRATIVE STAFF IN BPS–1718 & above

Sr.#

Evaluation Head Marks


2 Additional Relevant Academic Qualification 10


4 Test 20

5 Interview 30

G Gold Medal 05


2. Academic Qualification = 30 40 Marks




40



C




10 Marks for PhD degree in the relevant field 7. Additional Relevant Experience = 10 15 Marks


8. Test = 20 Marks

9.8. Interview = 30 Marks








41

Annexure-BC

SELECTION BOARD EVALUATION PROFORMA FOR INITIAL

APPOINTMENT OF ADMINISTRATIVE STAFF IN BPS - 17

1 2 3 4 5 56 67 78

Sr.# Name of

Candidate

Academic Additional Additiona

l Test

Gold

Medal

Sub-

total

Intervie

w

Grand

Total

Qualificatio

n Academic Relevant

1-4

Qualificatio

n

Experien

ce

(30) (10) (10) (20) (05) (750) (3025) (100)

1

2

3

4

5

Formatted Table

42

Annexure-ED

EVALUATION CRITERIA FOR INITIAL APPOINTMENT BY PROMOTION OF ADMINISTRATIVE STAFF IN BPS 17 & ABOVE ADMINISTRATIVE STAFF IN BPS–18, 19 and 20

Sr.# Evaluation Head Marks


2 Additional Academic Qualification 10


4 Character Roll 2040

5 Interview 30






43



C




10 Marks for PhD degree in the relevant field 3. Additional Relevant Experience = 1020 Marks


4. Character Roll = 20 40 Marks

Character Roll Marks shall be taken for the last five years as per following

breakup:-

Excellent/Very Good = 05 08 marks per year

Good = 04 06 marks per year

Satisfactory/average = 03 04 marks per year

5. Interview = 30 Marks



44






Annexure-ED

SELECTION BOARD EVALUATION PROFORMA FOR INITIAL APPOINTMENT OF ADMINISTRATIVE STAFF IN BPS -18, 19 & 20

1 2 3 4 5 6 7

Sr.# Name of

Candidate

Academic Additional Additiona

l C. Roll

Sub-

total

Intervie

w

Grand

Total

Qualificatio

n Academic Relevant 1-4

Qualificatio

n

Experien

ce

(30) (10) (1020) (2040) (70) (30) (100)

1

2

3

4

5

45

SCHEDULE-I

Each University should propose an exhaustive list of kind of existing positions as well those they foresee that they may require in future. They may also propose minimum qualification and experience based on their

experience of recruitment.

Utmost effort should be made to prepare exhaustive list of positions in

each of the schedule.

Specialized universities like Agriculture, UET, KMU etc., may propose

separate schedules taking care of the first two bullets.

SUPPORT STAFF APPOINTMENT, PROMOTION & SCALES OF PAY

STATUTES, 2015

53. TITLE

These Statutes, framed in pursuance of Section 28(1) (d) of the Khyber

Pakhtunkhwa Universities Act, 2012, shall be called “Support Staff Appointment,

Promotion& Scales of Pay Statutes-2015”.

54. COMMENCEMENT & APPLICATION

These Statutes shall come into force with immediate effect and shall be applicable to all employees, except;

a. a person appointed on contract / fixed pay;

b. a person serving in the University on deputation; and

c. Staff paid from contingencies or serving on work charge or part time basis or persons employed occasionally, whose appointments are governed by the letters of their appointments.

55. DEFINITIONS


(a) “University” means the University of ;

Sr.# Post BPS Minimum Qualification and

Experience Required for Initial Recruitment

Min-Max: Age limit (for initial

appointment)

Minimum Qualification and Experience for

Appointment by Promotion

Max: Age Limit

Mode of appointment

Max: Age Limit

46

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

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

(d) “Competent Authority” means authority designated as such by the Act, 2012 or the Statutes made thereunder or by a decision of the Syndicate or by an order of the Vice-Chancellor;

(e) “Act” means the Khyber Pakhtunkhwa Universities Act, 2012;

(f) “Selection Committee” means Selection and Promotion Committee of the University;

(g) “Campus” means Campus of the University;

(h) “Foreign Service" means the service in which an employee receives his substantive pay with the sanction of the University from a source other than the University;

(i) "Adhoc appointment" means appointment of a duly qualified person made otherwise than in accordance with the prescribed procedure of recruitment;

(j) “Constituent College” means Constituent College of the University;

(k) “Constituent Institute” means Constituent Institute of the University;

(l) “Dean” means Dean of a faculty of the University;

(m) “Chairperson” means Chairperson of the University Teaching Department;

(n) “Director” means Director of Constituent Institute/Section of the University;

(o) “Principal” means Principal of Constituent College of the University;

(p) “Head” means Head of Administrative Section of the University;

(q) “Coordinator” means Coordinator of the University sub Campus;

(r) “Initial Appointment” means appointment made against vacant post under the prescribed procedure other than by promotion;

(s) “Prescribed” means prescribed by the Act or Statutes made there under;

(t) “Permanent Post” means a post sanctioned without assigning any limit of time;

47

(u) “Pay” means the emoluments drawn monthly by an employee as pay including special pay, qualification pay, technical pay, personal pay, or any other emoluments;

(v) “Presumptive Pay” means the pay of a post to which an employee is entitled subject to his holding the same in a substantive capacity and performing its functions;

(w) “Pay Protection” means permitting pay not less than the last pay drawn by an employee before appointment against the same or a higher post;

(x) “Regular Appointment” means an appointment made in accordance with the prescribed procedure, against a vacant permanent post;

(y) “Substantive Pay” means the basic pay other than special pay, personal pay, technical pay etc. to which an employee is entitled on account of substantive appointment to a post in a specified scale;

(z) “Temporary Post” means a post other than a permanent post;

(aa) “Employee” means a person who holds a permanent post in the University service and who is paid from the University funds;

(bb) All other terms and expressions shall have the same meanings as assigned to under Section-2 of the Act; and

(cc) The Pronoun “He” refers to both Male and Female employees.

56. COMPOSITION OF SUPPORT STAFF

The Support Staff shall consist of four different Cadre Groups specified in Schedule I-IV as under:

(1) Class-IV Staff (Employees BPS 01 – 04) Schedule-I

(2) Ministerial Staff (Employees BPS 07 – 16) Schedule-II

(3)

Technical and other Staff (Employees BPS 05 – 16)

Schedule-III

(4) Laboratory Staff (Employees BPS 05 – 16) Schedule-IV

57. APPOINTMENTS AND PROMOTIONS OF SUPPORT STAFF

48

All Appointments by initial recruitment and / promotion by selection on the basis of merit/ merit seniority cum fitness of employees in BPS 01 – 16 shall be made by the Vice-Chancellor on the recommendation of the following Selection and Promotion Committee.

(1) Registrar Convener

(2) One member of the syndicate to be nominated by the Vice Chancellor Member

(3) One faculty member to be nominated by the Vice-Chancellor Member

(4) Chairperson/Head of the concerned department/section

Member

(5) Director Administration ? Member

(6) Treasurer Member

(7) Provost Member

(8) Deputy Registrar (Establishment) Member/Secretary

(8) Note: Four members will form the quorum of the committee and

term of office for serial number 2 and 3 shall be 02 years.

58. METHODS OF APPOINTMENT

There shall be two methods of appointment:

A. Appointment by initial recruitment B. Appointment by promotion

A. Appointment by initial recruitment

Conditions:

i. Initial recruitment shall be made through open competition after advertising the vacancies in at least 2 leading -National daily newspapers.

ii. Age limit for initial recruitment shall be 18 to 35 years .

iii. The contesting candidates shall require to fulfill the prescribed qualification and experience as laid down in Schedule I,II,III&IV .

Formatted: Indent: Left: 1", No bullets ornumbering

49

v. Candidates having qualified the Screening/Written test shall be called for interview before the Selection Committee at the ratio of ten topmost candidates per vacancy. The secured marks shall be counted for short-listing purposes as well as for evaluation.

iv. All the short listed candidates shall be interviewed by the

Selection Committee.

vi. Evaluation of comparative merit shall be made in accordance

with the prescribed criteria as at Annexure-A.

B. Appointment by Promotion

Conditions:

i. Appointment by promotion shall be made on the basis of selection on merit seniority cum fitness from amongst the persons who fulfill the prescribed criteria qualification, experience, length of service and other and other conditions laid down for the purpose as Annexure-B.

ii. Evaluation of comparative merit shall be made in accordance with the prescribed criteria as at Annexure-B.

iii. The criteria for eligibility of the employees shall be as under:

a. That they have completed the minimum length of service as prescribed in the Statutes.

b. The same shall be processed through the Selection

Committee.

c. That their Character Rolls (in case of Class-III Employees) or reports from the concerned Heads on plain paper in case of Class-IV Employees, for the last five years are free from adverse remarks. In case an employee fails to fulfill these conditions, he/she shall wait for promotion/award of higher grade till he/she has earned in succession the required number of reports without adverse entry.

d. That they have not been punished under the prescribed

Efficiency & Discipline Statutes during the last five years.

59. AWARD OF HIGHER PAY SCALES TO LABORATORY STAFF

Formatted: Line spacing: single, Tab stops: 0.81", Left

Formatted: Font: Bold, Underline

50

Laboratory staff shall be awarded Higher Pay Scales after completion of the required service in a particular scale, on the recommendation of the Selection and Promotion Committee on the basis of performance as per breakup giver below; subject to the condition that their Character Roll for the last five years are free from adverse remarks. In case an employee fails to fulfill these conditions, he shall wait for award of higher grade till he earned in succession the required number of reports without adverse entry.

i. Laboratory Staff in BPS-05 shall be awarded BPS-07 on completion of 07 years’ service and re-designated as specified in Scheduled-III.

ii. Laboratory Staff in BPS-07 shall be awarded BPS-11 on completion of 07 years’ service and re-designated as specified in Scheduled-III.

iii. Laboratory Staff in BPS-11 shall be awarded BPS-14 on completion of 05 years’ service and re-designated as specified in Scheduled-III

iv. Laboratory Staff in BPS-14 shall be awarded BPS-16 on completion of 05 years’ service and re-designated as specified in Scheduled-III

60. AWARD OF HIGHER PAY SCALES TO TECHNICAL AND OTHER STAFF

Technical and other staff shall be awarded Higher Pay Scales after completion of the required service in a particular scale, on the recommendation of the Selection and Promotion Committee on the basis of performance as per breakup giver below; subject to the condition that their Character Roll for the last five years are free from adverse remarks. In case an employee fails to fulfill these conditions, he shall wait for award of higher grade till he earned in succession the required number of reports without adverse entry.

i. Technical and other staff BPS-05 shall be awarded BPS-07 after rendering 07 years’ service.

ii. Technical and others staff shall be awarded BPS-11 after rendering 7 years’ service in BPS-7.

iii. Technical and other staff BPS-11 shall be awarded BPS-14 after

rendering 5 years’ service in BPS-11.

iv. Technical and other staff shall be awarded BPS-16 after rendering 5 years’ service in BPS-14.

51

v. Technical and other staff directly appointed in BPS-9 shall be awarded BPS-11 on completion of 7 years’ service in BPS-9, and BPS-14 on completion of 5 years’ service in BPS-11, and BPS-16 on completion of 5 years’ service in BPS-14.

vi. Technical and other staff directly appointed in BPS-11, shall be awarded BPS-14, after rendering 10 years’ service in BPS-11.

vii. Technical and other staff directly appointed in BPS-12, shall be awarded BPS-14, after rendering 7 years’ service in BPS-12, and BPS-16 on completion of 05 years’ service in BPS-14.

viii. Technical and other staff directly appointed in BPS-13 shall be awarded BPS-16 after rendering 10years’ service in BPS-13.

ix. Technical and other staff directly appointed in BPS-14 shall be awarded BPS-16, after rendering 5 years’ service in BPS-14.

61. AWARD OF HIGHER PAY SCALES TO CLASS-IV EMPLOYEES

Class-IV employees shall be awarded Higher Pay Scales after completion of the required service in a particular scale, on the recommendation of the Selection and Promotion Committee on the basis of performance, as per table given below:

BPS Qualification

02 Matriculate with 10 years satisfactory service OR Literate with 15 years satisfactory service in the relevant field.



62. APPOINTMENT AND PROMOTION THROUGH SELECTION ON MERIT OF CLASS-IV EMPLOYEES TO BPS-05 AND ABOVE

Appointment and Promotion through selection on merit of Class-IV employees to BPS-05 and above shall be made as per prescribed procedure, qualification and experience mentioned in their respective Schedules at the following ratio:

(a) 75% 60 % by initial appointment.

52

(b) 25% 40 % by promotion through selection on merit seniority cum fitness basis from amongst the existing eligible qualified staff as per prescribed procedure.

63. APPOINTMENT AND PROMOTION OF MINISTERIAL, LABORATORY,

TECHNICAL AND OTHER STAFF

(1) Appointment and Promotion through selection on merit of Ministerial, Laboratory, Technical and other Staff shall be made as per prescribed procedure, qualification and experience mentioned in their respective Schedules at the following ratio:

(a) 5060% by initial appointment recruitment on merit as per prescribed procedure

(b) 5040% by promotion through selection on merit seniority cum fitness basis from amongst the existing eligible qualified staff.

64. CREATION OF POSTS

All new posts in various cadres will be created by the Syndicate on the

recommendation of Finance and Planning Committee as per provisions of the

Act.

65. REMOVAL OF DIFFICULTIES

If any difficulty arises in giving effect to any of the provisions of these

Statutes, the Syndicate in individual cases may make such decision, not

inconsistent with the spirit of these Statutes, as may appear to be necessary

for the purpose of removing the difficulty, provided that such a decision is not

ultra vires of the Act.

66.65. ANOMALY COMMITTEE

Whenever a dispute/difficulty arises in the application or interpretation of

these Statutes, it shall be referred to the Anomaly Committee as per its

composition in Section 34 of Service Statutes, 2015. The recommendations of

the Anomaly Committee shall be placed before the Syndicate for

consideration. The decision of the Syndicate shall be final.

67.66. RULES AND REGULATIONS

The authorities and other bodies may make Rules and Regulations in accordance with the provisions of the Act.

53

68.67. AMENDMENTS IN THE STATUTES

Any amendment/modification in these Statutes shall be proposed by the Anamoly Committee and shall be submitted to the Senate through the Syndicate.

54

Annexure-A

EVALUATION CRITERIA FOR SELECTION BY INITIAL APPOINTMENT

OF SUPPORT STAFF

S # Evaluation Head Marks


2 Additional Relevant Higher Academic Qualification

06

3 Additional Relevant Prescribed Experience

10

4 Gold Medal 04

5 TTest/Demo (for BPS-7 & above)

20

6

Interview i. (for BPS-7 &

above) ii. (for below

BPS-7

30 50




Sum of the marks obtained per prescribed qualification

= A

Prescribed Marks for Academic Qualification =

B

Sum of the total maximum marks per prescribed qualification =

C

A x B = Academic Qualification

Marks

C

2. Additional Relevant Higher Academic Qualification = 06

Marks

The over and above qualification marks will be given with the following breakup:


Formatted: List Paragraph, Numbered +Level: 3 + Numbering Style: i, ii, iii, … + Startat: 1 + Alignment: Right + Aligned at: 1.13"+ Tab after: 1.25" + Indent at: 1.25"


55

i. If prescribed qualification for a post is Matric, then FA/FSc, BA/BSc and MA/MSc will carry 02 marks each.

ii. If prescribed qualification for a post is Intermediate, then BA/BSc and MA/MSc will carry 03 marks each. iii. If prescribed qualification for a post is Graduation, then

MA/MSc will carry 06 marks.

iv. No marks shall be awarded to an examination passed with third division.

v. If the additional qualification is only a repetition of the original

qualifications, no additional marks will be given.

vi. One mark shall be deducted for passing an examination in parts (upto 04 marks).

3. Additional Relevant Experience = 10 Marks

i. Experience marks shall be granted only in the relevant field. ii. While awarding experience marks, the period of minimum

requisite experience shall be deducted and thereafter half marks per year shall be awarded for additional experience upto six years. In case experience additional marks exceed the limit of six years, the credit after this limit shall be one mark per year leading to a maximum of 10 marks.

4. Distinction MarksGold Medal = 04 Marks

Distinction marks shall be allowed only for standing first in a

University or Board examination, at the rate of one mark per

countable examination. The entitlement of marks shall be further

subject to the condition that the examination was passed as a

whole by obtaining 60% (Grade-B) or m (ore marks

5. Test/Demo (for BPS-7 & above = 20

Marks

6. Interview = 30 Marks (for BPS-7 & above)

6. 50 Marks (for below BPS-7)

The procedure for marking shall be as under: Members of the Selection Committee shall record their markings

independently. After the interview the final grades of candidates

based on the assessment of the members shall be determined on

Formatted: Underline

Formatted: Indent: Left: 2.5", No bullets ornumbering

56

the basis of average. In case unanimous decision is not arrived at,

the majority decision of the members shall prevail. In the event of a

tie, the Convener shall exercise a casting vote.

Annexure-B

SELECTION AND PROMOTION COMMITTEE EVALUATION

PROFORMA FOR INITIAL APPOINTMENT OF SUPPORT

STAFF

S#

Name

and

Father

Name of

Candida

te

1 2 3 4 5 6 7 8

Academic

Qualificatio

n (30

Marks)

Additional

Relevant

Higher

Academic

Qualificati

on (10

Marks)

Additiona

l

Relevant

prescribe

d

Experien

ce (06

Marks)

Distin

ction

Gold

Medal

(04

Marks

)

Test/

Demo

(for

BPS-7

&

above)

(20

Marks

)

Sub

-

Tota

l 1 +

5

Intervi

ew

(30/50

Marks)

Gran

d

Total

6 +

87

Formatted Table

Formatted: Font: 10 pt

Formatted: Font: 10 pt

57

Annexure-C EVALUATION CRITERIA FOR APPOINTMENT BY PROMOTION

OF SUPPORT STAFF

S # Evaluation Head Marks


2 Additional Relevant Qualification

06


4 Distinction 04

5 Character Roll 30

6 Interview 10


1. Academic Qualification = 15 25 Marks


Sum of the marks obtained per prescribed qualification

= A

Prescribed Marks for Academic Qualification =

B

Sum of the total maximum marks per prescribed qualification =

C

A x B = Academic Qualification

Marks

C

3. Additional relevantHigher Academic Qualification = 06

Marks

The over and above qualification marks will be given with the following breakup:

i. If prescribed qualification for a post is Matric, then FA/FSc, BA/BSc and MA/MSc will carry 02 marks each.

ii. If prescribed qualification for a post is Intermediate, then BA/BSc and MA/MSc will carry 03 marks each.

58

iii. If prescribed qualification for a post is Graduation, then

MA/MSc will carry 06 marks.

iv. No marks shall be awarded to an examination passed with third division.

v. If the additional qualification is only a repetition of the original

qualifications, no additional marks will be given.

vi. One mark shall be deducted for passing an examination in parts (upto 04 marks).

4. Additional Relevant Prescribed Experience = 35 Marks

Experience marks shall be granted only in the relevant field.

While awarding experience marks, the period of

minimum requisite experience shall be deducted and thereafter one 03 marks per year shall be awarded for additional experience up to five years. In case additional marks exceed the limit of five years, the credit after this limit shall be 05marks per year leading to a maximum of 35 marks.

5. Distinction Marks Gold Medal = 04 Marks

Distinction marks shall be allowed only for standing first in a

University or Board examination, at the rate of one mark per

countable examination. The entitlement of marks shall be further

subject to the condition that the examination was passed as a

whole by obtaining 60% (Grade-B) or more marks

6. Character Roll Marks = 30 Marks

Character Roll Marks shall be taken for the last five years

as per following breakup:-

Excellent/Very Good = 06 marks per year

Good = 05 marks per year

Satisfactory = 04 marks per year

7. Interview Marks = 10 Marks

59

The procedure for marking shall be as under: Members of the Selection Committee shall record their markings

independently. After the interview the final grades of candidates

based on the assessment of the members shall be determined on

the basis of average. In case unanimous decision is not arrived

at, the majority decision of the members shall prevail. In the

event of a tie, the Convener shall exercise a casting vote.

Annexure-D

SELECTION AND PROMOTION COMMITTEE EVALUATION

PROFORMA FOR PROMOTION OF SUPPORT STAFF

S

#

Name and

Father

Name of

Candidate

1 2 3 4 5 6 7 8

Academic

Qualificati

on (15

Marks)

Addition

al

Relevant

prescrib

ed

Experien

ce (35

Marks)

Additional

Higher

Academic

Qualificatio

n (06

Marks)

Distinct

ion

Gold

Medal

(04

Marks)

C.

Roll

(30

Marks)

Sub

-

Tota

l 1 +

5

Intervi

ew (10

Marks)

Grand

Total

6 + 87

60

SCHEDULE-I

CLASS-IV STAFF

S. No. Post BPS Minimum Qualification Experience

SCHEDULE-II

MINISTERIAL STAFF


SCHEDULE-III

TECHNICAL STAFF


SCHEDULE-IV

LABORATORY STAFF


Each University should propose an exhaustive list of kind of existing positions as well those they foresee that they may require in future. They may also propose minimum qualification and

experience based on their experience of recruitment.

Utmost effort should be made to prepare exhaustive lists of

positions in each of the schedule should.

Specialized universities like Agriculture, UET, KMU etc., may

propose separate schedules taking care of the first two bullets.

61

PENSION AND GRATUITY STATUTES, 2015

Title

1. The Statutes framed in pursuance of Section 28(1) (c) of the Khyber

Pakhtunkhwa Universities Act, 2012, shall be called “Pension and Gratuity

Statutes, 2015”.

Commencement

2. They shall come into force at once.

Definitions


expressions shall have the meanings hereby, respectively, assigned to

them:

(a) "University" means The University of .

(b) "Employee" and "Service", respectively, mean the employee to

whom and the service to which the Statutes apply.

(c) "Head of Department" means the Head of the University

Teaching or Administrative Department and includes the

Director of an Institute Principal of a college/school.

(d) "Pension Fund" means the fund established under Statute 8.

(e) "Syndicate" means the Syndicate of the University.

(f) "Institute of Development Studies" means the Institute of

Development Studies of the University.

(g) "Treasurer" means the Treasurer of the University.

(h) "Medical Authority" means an authority appointed by the Director

General Health, to conduct medical examination of University

employees for the purpose of granting invalid pension, extra-

ordinary pension or commutation of pension.

(i) The pronoun "He", used in relation to an employee, refers to

male or female, as the case may be.

(ii) All other expressions, used in the Statutes, shall have the same

meanings as are assigned to them by Section 2 of the Act.

62

Extent of Application

4. Unless otherwise provided, the Statutes shall apply to all the University

employees from the date of their joining University and , who are being

paid from the University Funds, except:

(i) Contingent-paid or work-charged establishment.

(ii) Persons employed on contract

(iii) Employees whose conditions of service are governed by special

provisions made under any law, rules or regulations for the time

being in force.

(iv) Any employee or class of employees, who may specifically be

excluded by the Syndicate from the purview of the Statutes, or

who hold(s) post(s) which have been declared by the Syndicate

as non-pensionable.

(v) A person who is not a whole-time employee, but is merely

engaged for casual or occasional work, such as part-time

Lecturer, scrutinizer, etc.

(vi) A person who is not paid from the University Fund but is paid

from a fund held by the University as a Trustee, or from any

other local fund, or is remunerated by fees for the grant of a

tenure of land or of any other source of income or of a right to

collect money.

6. Pension and gratuity

(1) On retirement from service, an pensionable employee shall be entitled to receive such pension or gratuity as may be prescribed by the Government from time to time and approved by the Senate.

(2) In the event of death of an employee, whether before or after retirement, his family shall be entitled to receive such pension or gratuity, or both, as may be prescribed.

(3) No pension shall be admissible to an employee who is dismissed or removed from service for reasons of discipline, but the university may sanction compassionate allowance to such an employee, not exceeding .two-third of the pension or gratuity which would have been admissible to him had he been invalided from service on the date of such dismissal or removal.

(4) If the, determination of the amount of Pension or gratuity admissible to an employee is delayed beyond one month of the date of his retirement or death, he or his family as the case may be, shall be paid provisionally such anticipatory pension or gratuity as may be determined by the prescribed authority, according to the length of service of the civil servant

63

which qualifies for pension or gratuity, and any overpayment on such provisional payment shall be adjusted against the amount of pension or gratuity finally determined as payable to such an employee or his family:

Provided further that the amount of in case of Contributory Provident Fund subscribed by the employee civil servant shall be transferred to his General Provident Fund and he will be automatically admissible for pensionary benefits..

(5) In case any difficulty arises in giving effect to any of the provisions of this section, the Syndicate shall constitute a Committee comprising of relevant officers for removal of the difficulty.

Qualifying Service for Pension

7. (i) Subject to the Statues; the service of an employee shall qualify for

pension from the beginning, viz from the date of initial appointment in

the University.

(ii) Service rendered by a University employee in a Government

Department, or an a public sector autonomous body, before joining

service of the University, shall be counted as qualifying for pension,

provided that the said service was pensionable, and the proportionate

share of pension contribution for that service is borne by the former

employer or the employee himself..

Condonation of Interruptions and Deficiencies

8. (i) The authority, which is competent to sanction pension, may, for

purpose of pension, condone all interruptions between the periods of

qualifying service of an employee, provided that such interruptions

were not caused due to willful act of the employee like unauthorized

absence, resignation, or removal from service; etc: provided further

that any interruption caused due to abolition of a post, shall be deemed

to have been condoned.

(ii) A deficiency of six months or less in the qualifying service of an

employee shall be deemed to have been condoned.

(iii) A deficiency of more than six months but less than a year may be

condoned by the Vice Chancellor, if both the conditions mentioned

below are satisfied;

(a) If an employee dies while in service or retires under

circumstances beyond his control, such as on becoming invalid

or on abolition of his permanent post (and his eventual selection

for discharge) and, but for such contingencies, he would have

completed another year of qualifying service; and

64

(b) The service rendered by the employee was meritorious.

(iv) A deficiency of one full year or more shall not be condoned.

Pension Fund

9.. The Pension Fund shall consist of:

(a) the balance of the Employer's portion of the contributions (with

interest accrued thereon), in respect of all the employees of the

University and Institute of Development Studies, lying in the

University's Contributory Provident Fund, as transferred to the

Pension Fund on the date of its establishment.

(b) such contribution per month, from the date of coming into force

of the Pension Fund, for every University employee as would

have been payable by the University under the Contributory

Provident Fund Scheme.

Authority Competent to Grant Pension

10. The authority competent to grant pension shall be the authority

competent to make appointment to the post last held by the employee

at the time of retirement.

Maintenance of Pension Fund

11. If the amount in the Pension Fund is surplus to the requirements for the

purposes of pension, the surplus amount may, with the previous sanction

of the Syndicate, be invested in such manner as may be necessary. But if

the Pension Fund is running short of requirements for the purposes of

pension, the Syndicate may require the University to raise its contribution

to the Pension Fund, payable in terms of Clause (b) of Statutes 8, to such

extent as may be deemed fit.

Payments

12. All pensions shall be paid out of the Pension Fund.

Anticipatory Pension in Case of Delay in the Finalization of Pension Case

13. All formalities for the grant of pension shall be completed as

expeditiously as possible, so that the University employee retiring on

pension starts getting his pension regularly within one month of his

retirement; provided that where the payment of pension cannot be

65

ensured within a reasonable time, due to unavoidable circumstances,

the authority competent to grant pension shall sanction anticipatory

pension (not exceeding 80% of the admissible pension) for the interim

period, not exceeding three months.

Orderly Allowance

13. A retiring employee in BPS-20 and above shall be allowed a special

additional pension equal to the admissible pre-retirement Orderly

Allowance.

Relaxation

14.13. Any of the Statutes may, for reasons to be recorded in writing,

be relaxed in individual cases by the Syndicate, if it is satisfied that the

strict application of the Statutes will cause undue hardship to the

individual concerned.

INSURANCE STATUTES, 2015

Title

1. The Statutes framed in pursuance of Section 28(1) (c) read with

Section 42 of the Khyber Pakhtunkhwa Universities Act, 2012 and the rules

made thereunder shall be called “Insurance Statutes, 2015”.

Commencement


Application

4. The Statutes shall be applicable to the employees provided for in

Section 3 of the Service Statutes, 2015.

Definitions

5 (i) In the Statutes, unless the context otherwise requires, the

following expressions shall have the meanings hereby,

respectively, assigned to them:

(a) "University" means the University of .

66

(b) "Employee" means the University employee to whom the

Statutes apply.

(c) "Insurance" means the Group Insurance of

Employees.

(d) "Family", in relation to an Employee, means his:

(i) wife or wives (in case of a male employee), or

husband (in case of a female employee);

(ii) children and step children;

(iii) parents, sisters, and minor brothers, if residing with

and wholly dependent upon him;

(e) "Government" means Government of Khyber

Pakhtunkhwa.

(f) The pronoun "He" or "His", used in relation to an

employee refers to male or female employee, as the case

may be.

(ii) All other expressions shall have the same meaning as assigned

to them under Section 2 of the Act.

Entitlement to the Benefits from the Group Insurance

6. All employees shall be entitled to the benefits of Group Insurance,

except;

(a) work-charged/contingent-paid establishment;

(b) part-time employees;

(c) those employed on contract for a fixed period;

(d) any category of employees specifically excluded by the

Syndicate from the purview of the Statutes.

Subscriptions by the Employees

7. Every permanent/regular employee shall pay to the Group Insurance a

monthly subscription at the following rates, subject to revision by

Insurance Company from time to time and approved by the Syndicate

Syndicate as notified:

Pay Scale of Employees

Monthly Rate of Contribution in Rupees, approved by the Syndicate.

BPS 1 to 4 39.70?? (Payable by University)

BPS 05 to 10 46.31 ?? (Payable by employees)

67

BPS 11 to 15 79.40 ?? -------do------

BPS-16

BPS-17

BPS-18

BPS-19

BPS20 & above

119.10?? -------do------

158.80?? -------do------

231.58?? -------do------

277.90?? -------do------

330.83?? -------do------

8. The subscription shall, as far as possible, be deducted at source from

the pay bills of the employees. Where the amount of subscription

cannot for any reason be deducted from the pay of an employee, the

employee shall remit it to the Treasurer. Any amount of subscription

remaining unpaid, due to inadvertence or negligence of the employee

or otherwise shall be recoverable from his General Provident Fund

account.

9. Default in the payment of subscription, either for the reason that the

pay of the employee was not drawn due to his inadvertence,

negligence or fault, or any other reason, whatsoever, shall not affect

his right, or the right of his family, to receive the Group Insurance

Grant, provided for in Statute 8. However, the amount of unpaid

subscription shall be deducted from his General Provident Fund.

Grants out of the Group Insurance Revenue

9 (i) If any employee :

(a) due to accident is declared by the prescribed medical

authority to have been completely or partially

incapacitated physically or mentally, to discharge the

duties of his employment, or

(b) dies during the continuance of his employment, his family

shall be entitled to receive a Group Insurance Grant by

the Insurance Company, according to the following scale.

Basic Pay Scale in which the

Employee was Drawing Pay

Group Insurance Grant

Payable in (Rupees) in case

of Normal death during

service

BPS 1- 4 ???Rs.1 20,000

BPS 05 -– 10

BPS 11 to 15

???Rs. 140,000

???Rs. 240,000

BPS-16 ???Rs. 360,000

68

BPS-17

BPS-18

BPS-19

BPS20 & above

???Rs. 480, 000

??? Rs. 700,000

???Rs. 840,000

???Rs. 1,000,000

Provided that these rates are subject to revision by Syndicate

Insurance company from time to time and approved by the

Syndicate.as notified.

(c) In case of accidental death, the group insurance

grant payable to the family of the deceased employee

shall be double to the normal death grant.

Assistance Package for Families of Employees who die In Service

10. The employees shall be entitled to the in-service death package as

approved and notified by Syndicate.

Audit & Accounts of the Insurance Premium

11. The accounts of the Insurance Premium shall be maintained in such

manner and form as prescribed for the maintenance of the accounts of

the University and shall be audited by the Auditors of the University

every two years and their report published for general information.

Formatted: Indent: Left: 1.5", First line: 0"

69

EMPLOYEES GENERAL PROVIDENT FUND STATUTES, 2015

Title

1. The Statutes framed in pursuance of Section 28(1) (c) read with Section 42 of

the Khyber Pakhtunkhwa Universities Act, 2012, shall be called “Employees General

Provident Fund Statutes, 2015”.

Commencement


Application

3. The Statutes shall be applicable to the employees provided for in Section 3 of

the Service Statutes, 2015.

Definitions

4 (i) In the Statutes, unless there is anything repugnant in the subject or context, the

following expressions shall have the meanings hereby assigned to them:


(b) "Fund" means the General Provident Fund of the employees,

established under the Statutes.

(c) "Subscriber" means an Employee who is required or permitted under the

Statutes to contribute to the Fund.

(d) "Employee" means a person who is in the whole time regular

employment of the University. It does not include either a contract

employee, or a part-time, casual or temporary servant, engaged on daily

or monthly wage basis, Adhoc, Work Charge or those who are

reemployed, or, are on deputation from another organization.

(e) "Salary" means the basic pay of the subscriber.

(f) "Year" means the financial year, beginning on the 1st of July and ending

on the 30th of June.

(g) "Family" means:

(i) Wife or wives, in the case of a male subscriber, and husband in

case of female subscriberSpouse(s).

(ii) un-married children of the Subscriber,

(iii) widow(s) and un-married children of a deceased son of a

subscriber.

(iv) Parents of the employee:

Note: The following, however, are not included in the "Family":

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(a) Married children of the employee sons who have attained age of

22;

(b) sons married children of a deceased son who have attained age

of 22;

(c) married daughters whose husbands are alive;

(d) married daughter(s) of a deceased son whose husband(s) are

alive;

(e) The pronoun "He" refers to male or female employee, as the case

may be.

(ii) All other expressions, used in the Statutes, shall have the same meanings as

assigned to them under Section 2 of the Act.

Constitution of the Fund

5. (i) Subject to the provisions of the Statutes, the Fund shall consist of all

contributions made by the Subscribers, whether lying in the bank or invested in

securities, and the interest/profit, accrued thereon.

(ii) Contributions to the Fund shall be compulsory in case of all employees, which

shall be made at the minimum rates, specified in Section 18;

Provided that these rates are subject to revision, by Syndicate;

(iii) The account of the Fund shall be kept in a scheduled bank and/or Schemes,

approved by the Government.

(iv) Every Subscriber shall be supplied with a pass-book/account statement of the

individual, which shall show the amount at his credit from time to time. The

pass-book shall be in such form as the Syndicate may from time to time

prescribe. The pass-book shall be supplied to each Subscriber on payment of a

fee as may be determined by Syndicate. Entries in the pass-book shall be

made at the end of each fiscal year, which shall be attested by the Treasurer.

The account statement shall reflect the employees contribution, withdrawal and

profit earned during the year.

(v) Contributions shall be deducted from the monthly pay bills of the Subscribers.

No deduction shall, however, be made for the period of leave without pay,

equal to one month or more.

(vi) Contributions deducted from the salaries of the Subscribers shall be credited

into the Fund not later than 10th of each month.

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Individual Accounts of Subscribers

6. Separate account in a Ledger shall be maintained for each Subscriber, which

shall show distinctly his own contributions and the amount of interest/profit, as

well as the withdrawals.

Interest

7 (i) Interest Profit shall be credited to the G.P. Fund accounts of the Subscribers

annually, at such rate as may be prescribed by the Board of Trustees, referred

to in Statute 16; provided that such rate shall not exceed the rate of interest

profit actually earned on investment of the Fund. In fixing such rate of interest

profit, the loss, if any, due to depreciation of securities, and the expenses on

their purchase, sale or realization, shall also be taken into account.

(ii) Interest Profit shall be calculated with effect from the last day in each fiscal

year, in the following manner:

(a) interest profit shall be allowed for twelve months on the amount at the

credit of a Subscriber on the last day of the preceding year less any

sums withdrawn during the current year;

(b) interest profit shall be allowed from the beginning of the current year

upto the last day of the month preceding the month of withdrawal, on all

sums withdrawn during the current year;

(c) interest profit shall be allowed from the date of deposit upto the end of

the current year, on all sums credited to the Subscriber's account after

the last day of the preceding year;

Provided that when the amount standing at the credit of a Subscriber has

become payable, interest profit shall be allowed only upto the date on which the

amount standing at the credit of the Subscriber became payable.

(iii) If a Subscriber opts to forego interest on his accumulations in the Fund, such

interest profit shall be credited to the University's Benevolent Fund. However, if

at a subsequent stage, he opts again for charging interest profit on his

accumulations, the interest profit shall be allowed to him only from the 1st July

of the financial year in which he submits his formal option to that effect. He

shall have no claim for the past interestprofit.

Investment of the Fund

8 (i) All moneys, which in the opinion of the Board of Trustees, are not immediately

required for the purpose of payment to the Subscribers, shall, from time to time,

be invested in secure and profitable ventures.

(ii) The powers for investment of the Fund, under Sub-Section (i) above, shall rest

with the Syndicate, on the recommendations of the Board of Trustees.

72

Temporary Withdrawals from the Fund

9 (i) Temporary advances may be granted to the subscribers, out of the balance at

their credit in the Fund, subject to 80% of the balance.

(ii) The advance shall be recoverable in maximum 36 60 equal monthly

installments.

(iii) Second Advance: An employee is entitle to withdraw a second advance

provided that he has fully refunded the earlier temporary advance.

Non-refundable Advances

10 (i) Non-refundable advance upto 80% shall be admissible to a Subscriber out of

the balance at his credit on attaining the age of 4550 years; such advance

being treated as part of final payment.

(ii) A second non-refundable advance shall be admissible after the expiry of one

year of the previous advance.

Nomination

11. On joining the Fund, each Subscriber may make a nomination in the prescribed

form, conferring the right to receive the amount that may stand to his credit in

the Fund, in the event of his death before the amount standing to his credit has

become payable or where the amount has become payable before payment

has been made; provided that if, at the time of making the nomination, the

Subscriber has a family, the nomination shall not be in favour of any person or

persons other than the family members. The Subscriber should lodge a

certified copy of the nomination with the Director Finance/Treasurer, which

shall be pasted in the service book of the Subscriber. Such nomination may at

any time be revoked by the Subscriber.

Final Payment

12. When a Subscriber quits the service, the amount standing to his credit in the

Fund shall become payable to him after obtaining clearance from Head of

Departments, Deans office, Director of Works, Library, Store Section, Transport

Section, Registrar Office and Director Finance/Treasurer of the University.

13. On the death of a Subscriber, before the amount standing to his credit has

become payable or, where the amount has become payable, before payment

has been made;

(i) When the Subscriber leaves a family:

(a) If there exists a nomination in favour of family member(s), the

amount shall become payable to the nominee(s) in the specified

proportion,

73

(b) If no nomination exists in favour of family member(s), the amount

shall become payable to the members of his family in equal

shares,

(ii) When the Subscriber leaves no family:

(a) if there is a nomination in favour of any person(s), the amount

shall become payable to the nominee(s) in the specified

proportion.

(b) If there is no nomination, the payment shall be made to such

claimants as can produce a legal authority.

14. When a Subscriber has proceeded on leave preparatory to retirement or, while

on leave, has been permitted to retire or retired on medical grounds, the

amount standing to his credit in the Fund shall become payable, upon an

application made by him in that behalf.

Deduction of Zakat

15. Deduction of Zakat @ 2.5% on final payment and non-refundable advances

shall be compulsory, unless exempted by law unless option given otherwise.

Audit

16. The accounts of the Fund shall be audited by a qualified auditor once a year

and the annual report shall be placed before the Board of Trustees.

Management of the Fund

17 (i) The Fund shall be managed by a Board of Trustees, consisting of the following

members:

1.

2.

Senior DeanElected Member of the Senate from the constituency of Professors

Elected Member of the Senateyndicate from the constituency of Professors

Chairperson

Member

3. 3.

Elected Member of the Syndicate from the constituency of Professors

Senior Dean

Member

4. President or nominee from all Welfare

Associations of the University.One

nominee of Administrative employees

in BPS 1 to 16, one nominee of

Administrative employee in BPS 17 &

above and one nominee from the

Faculty Member; nominated by the

Member

74

Vice Chancellor

5. Treasurer Member/Secretary

(ii) A report about the state of affairs of the Fund for each financial year shall be

submitted by the Treasurer to the Syndicate, through the Board of Trustees, not

later than 31st December.

(iii) Each subscriber shall be provided with the account statement by the

Treasurer/Director Finance, not later than 31st December of each year.


18 (i) Subject to the provisions of the foregoing Statutes, the Fund is meant

exclusively for the benefit of the Subscribers on their retirement or discharge

from service, or for their families on death of the Subscriber, and shall under no

circumstances be diverted from this legitimate purpose.

(ii) In all other matters, not specifically provided for in the Statutes, the

corresponding provisions of the General Provident Fund Rules of the

Government of Khyber Pakhtunkhwa, as amended from time to time, shall

apply mutatis mutandis to the Subscribers of the Fund, unless in any particular

case the Syndicate decides otherwise.

(iii) In case of any doubt about the exact intention or spirit of the provisions of the Statutes, the decision of the Senate shall be final.

Minimum Rates of Compulsory Contributions

Basic Pay Scale of the Subscriber Minimum Rupee Rate of Monthly Contribution

(on mean of RBPS-2011)

BPS-1 to BPS-22

BS-2 to BS-11

BS-12 to BS-22

??%(i) @ 6% of the Basic Pay of each

employee shall be deducted from the monthly

salary bill and credit to the subscriber fund

??% (ii) A subscriber may voluntarily offer in

writing to pay an increased rate from ensuing

financial year and deduction shall be made

accordingly. Options thus exercised can be

withdrawn/modified by giving a two month notice

in writing before the commencements of financial

year.

??%

Formatted: Superscript

75

BENEVOLENT FUND STATUTES, 2015

Title

1. The Statutes, framed in pursuance of Section 28(1) (c) of the Khyber

Pakhtunkhwa Universities Act, 2012 shall be called “Benevolent Fund Statutes, 2015”.

Commencement


Application

3. The Statutes shall be applicable to the employees provided for in Section 3 of

the Service Statutes, 2015.

Definitions


expressions shall have the meanings hereby assigned to them:

(a) “Act” means the Khyber Pakhtunkhwa Universities Act, 2012.

76


(b) "Employee" means the University employees’ to whom the Statutes

apply.

(c) "Fund" means the University Employees Benevolent Fund.

(d) "Family", in relation to Employee, means his:

(i) Spouse;

(ii) Sons and step sons up to the age of 22 years;

(iii) Unmarried/ widowed/ divorced daughters,

(iv) parents, sisters, and minor brothers, if residing with and wholly dependent upon

him;

(e) "Government" means Government of Khyber Pakhtunkhwa.

(f) The pronoun "He", “His”, or "Him", used in relation to an employee refers

to male or female employee, as the case may be.

(ii) All other expressions shall have the same meanings as assigned to them under

Section 2 of the Act.

Entitled Beneficiaries of the Fund

5. All employees shall be entitled to the benefits of this Fund, except;

(a) a contract employee, or a part-time, casual or temporary servant,

engaged on daily or monthly wage basis, Adhoc, Work Charge or those

who are reemployed, or, are on deputation from another organization.

(b) Any category of employees specifically excluded by the Syndicate from

the purview of the Statutes.

Establishment of Fund

6. There shall be established a Fund, to be called the Employees’ Benevolent

Fund, 2015.

7. To the credit of the Fund shall be placed;

(a) all sums paid by the employees as subscription to the Fund;

(b) all incomes, profits, or interests accruing from the assets belonging to

the Fund or from investments made out of the Fund;

(c) profit/commission, etc. received by the University from the Insurance

Company, on account of Group Insurance;

(d) unclaimed amount of interest on the General Provident Fund of an

employee;

77

(e) General Provident Fund balance of an employee which remains

unclaimed for a period of six years after the closing of his account.

8. The account of the Fund shall be kept in a scheduled bank as may be

prescribed.

Subscriptions by the Employees

9. Every regular employee shall pay to the Fund a monthly subscription at the

following rates, which are subject to revision by the Syndicate on the

recommendation of the Board of Trustees from time to time:

Pay Scale of Employees Monthly Rate of Contribution

(Rupees)

BPS 16 & above ?? Rs. 200

BPS 05 to 15 ?? Rs. 150

BPS 01 to 04 ??Rs. 100

10. The subscription shall, as far as possible, be deducted at source from the pay

bills of the employees. Where the amount of subscription cannot for any reason

be deducted from the pay of an employee, the employee shall remit it to the

Treasurer. Any amount of subscription remaining unpaid, due to inadvertence

or negligence of the employee or otherwise shall be recoverable from him in

such manner as may be prescribed by the Board of Trustees.

11. Contributions deducted from the salaries of the Subscribers shall be credited

into the Fund not later than 10th of each month.

12. Default in the payment of subscription, either for the reason that the pay of the

employee was not drawn due to his inadvertence, negligence or fault, or any

other reason, whatsoever, shall not affect his right, or the right of his family, to

receive the Benevolent Grant, provided for in Statute 11. However, the amount

of unpaid subscription shall be deducted from the Benevolent Grant.

Grants out of the Fund

12 (i) If any employee :

(a) is declared by the prescribed medical authority to have been completely

incapacitated physically or mentally, to discharge the duties of his

employment and is for that reason retired from service, or

(b) dies during the continuance of his employment or within 15 years from

the date of his retirement, he or, in the event of his death, his family shall

be entitled to receive a Benevolent Grant from the Fund, according to

the following grade, for a period of fifteen years, or upto the date on

which the employee might have, if he were alive, attained the age of

seventy five years, whichever is earlier.

78

Basic Pay Scale in which the

Employee was Drawing Pay

Monthly Rate of Benevolent

Grant Rupees

BPS – 1 to 04

BPS-5 to 15

???Rs. 52,000

????Rs. 8,0004,000

BPS – 16 & Above ???? Rs. 107,000

Provided that these rates are subject to revision by the Syndicate on the

recommendation of the Board of Trustees from time to time.

Provided further that in the case of an employee who dies after having

drawn Benevolent Grant under this Section, the said period of fifteen

years shall be reckoned from the date from which he began drawing

such Grant.

Provided further that where a grant under the Statutes has been

sanctioned in favour of a widow/ widower, such grant shall be subject to

the condition that the widow does not re-marry. Such widow/ widower

shall furnish at the time of each drawl to the University a certificate, duly

signed by a Gazetted Officer of the University or the Government or a

Local Councilor to the effect that spouse is not re-married. The grant

shall cease from the month following re-marriage of the spouse.

(ii) Other benefits admissible from the Fund, subject to revision, are as

under:

For employees in BPS-1 to 15

Grant for Funeral Expenses Rs.10,000

for self or a dependent family member.

For All Classes of Employees

Educational Scholarships to the wards of deceased/ retired employees

for up to Intermediate classes @ 50% of the existing fee structure of the

University School & College.

Accounts of the Fund

13. The accounts of the Fund shall be maintained in such manner and form as

prescribed for the maintenance of the accounts of the University.

Audit

14. The accounts of the Fund shall be audited by the Auditors of the University of

the Auditor General Office every year and their report shall be presented to the

Syndicate.

79

Management of the Fund

15. (i) The Fund shall be managed by Board of Trustees consisting of the

following.

1.

2.

3.

Vice ChancellorSenior Dean

Elected Member of the Senate from the

constituency of Professors

Elected Member of the Syndicate from

the constituency of Professors

Chairperson

Member

Member

4.

Senior Dean

One Administrative employees in

BPS 1 to 16, one Administrative

employee in BPS 17 & above and one

Faculty Member; nominated by the

Vice Chancellor

Member

5. President or nominee from all Welfare

Associations of the University.

Member

6. Treasurer Member/Secretary

(ii) Quorum for the meetings of the Board shall be three.

Powers and Functions of the Board of Trustees:

16. The Board shall have powers:

(a) to settle claims for grants under the Statutes and all matters

connected with such claims;

(b) to sanction grant from the Fund to the employees or their families

in accordance with the provision of the Statutes;

(c) to do or cause to be done all acts and things necessary for the

proper administration and management of the moneys or

properties of the Fund;

(d) to sanction expenditure connected with the administration and

management of the Fund;

(e) to invest moneys, held in the Fund, in the Government

securities/scheduled banks and units of Investment Corporation

of Pakistan or National Investment Trust, or in the construction of

buildings for purposes of raising rental income, and in other

profitable ventures, the plans of which are duly approved by the

Syndicate;

(f) to do or cause to be done all things ancillary or incidental to any

of the aforesaid powers, or to the purposes of the Fund.

80

17. Any appeal against the decisions of the Board of Trustees shall lie with the

Syndicate within 90 days of the Board's decision, and the decision of the

Syndicate shall be final and binding on members participating in the scheme.

Exemptions from Taxes

18. The Provincial Government may upon request exempt the Benevolent Fund

from any tax, rates or duty, levied by its authority. Likewise, the Federal

Government may upon request exempt from its taxes, etc.

AUTHORITIES OF THE UNIVERSITY, STATUTES, 2015

The following authorities have been established as provided in section 18(1)(b) of the Act:

i. Board of Faculty

ii. Board of Studies

iii. Selection Board

81

iv. Advanced Studies and Research Board

v. Finance and Planning Committee

vi. Affiliation Committee

vii. University Discipline Committee for students

1. Board of Faculties. --- (1) There shall be a Board of each Faculty, which shall consists of the following:

(i) the Dean of the concerned faculty who shall be the convener;

(ii) Director Academics/QEC;

(ii) (iii) all Chairpersons/HoDs of the Teaching Departments/Institutes/Centers of the concerned faculty;

(iii) All Professors of the concerned Faculty

(iv) one each from Professor/Associate Professor, Assistant Professor, and Lecturer of each every Department of the concerned Faculty;

(v) two subject experts from other universities / organizations to be nominated by the Vice Chancellor;

(vi) Director, Office of Research, Innovation and Commercialization (ORIC).

(2) The members mentioned at sub-clauses (iv) & (v) shall hold office for three two years.

(3) The quorum for a meeting of the Board of a Faculty shall be one- half of the total number of members, a fraction being counted as one.

2. Powers and functions of the Board of Faculty.--- The board of Faculty shall, subject to the general control of the Academic Council and the Syndicate, have the Powers to:

(i) coordinate teaching, research and publication work in the subjects assigned to the Faculty;

(ii) scrutinize the recommendations of the Board of Studies in regard to the scheme of studies, syllabi and courses offered by various departments in the faculty;

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82

(iii) recommend appointments of paper setters and examiners;

(iv) consider any other academic matter relating to report thereon to the Academic Council; and

(v) perform such other functions as may be assigned to it.

3. Dean. --- (1) There shall be a Dean of each Faculty, who shall be the Chairperson and Convener of the Board of Faculty.

(2) Dean shall be the academic and administrative head of the faculty.

(3) The Dean of each Faculty shall be appointed by the Chancellor from amongst the three senior most Professors in the Faculty for a period of three years and shall be eligible for re-appointment; provided that if no Professor is available in a Faculty, a Professor from some other Faculty may act as a Dean till a Professor of the Faculty itself is appointed.

(4) The Dean shall present candidates for admission to degrees, except honorary degrees, in the course falling within the purview of the Faculty.

(5) The Dean shall exercise such administrative, academic and financial powers as may be delegated to him.

4. Board of Studies. --- (1) There shall be a Board of Studies of each teaching department which shall consist of:

(i) the Chairperson of the Teaching Department who shall be the convener;

(ii) all Professors and Associate Professors in the Teaching Department;

(iii) two University Teachers, other than Professors and Associate Professors, to be appointed by the Vice Chancellor;

(iv) two subject experts from other Universities/ Organizations, to be appointed by the Vice Chancellor;

(v) one subject expert from the affiliated institutions to be nominated by the Vice Chancellor;

(2) The term of office of members of the Board of Studies, other than ex-officio members, shall be three two years.

(4) The functions of the Board of Studies shall be to-

83

(i) advice the Authorities on all academic matters concerning instructions, publications, research and examinations in the subjects concerned;

(ii) propose the scheme of studies, curricula and syllabi for all degree, diploma and certificate courses in the subjects concerned;

(iii) suggest panels of names of paper setters and examiners in the subjects concerned; and

(iv) to perform such other functions as may be prescribed by Regulations.

5. Teaching Department / Institution and Chairperson / Director. --- (1) There shall be a teaching Department/ Institute for each subject or a group of subjects, as may be prescribed by Regulations. Each Teaching Department / Institute shall be headed by a Chairperson/Director.

(2) The Chairperson of a Teaching Department/Director of an Institute shall be appointed by the Syndicate on the recommendations of the Vice Chancellor from amongst the three senior most Professors/Associate Professors of the Department/Institute for a period of three years and shall be eligible for re- appointment:

Provided that in a Department/Institute in which there is no Professor or Associate Professor, no such appointments shall made and the Department/Institute shall be looked after by the Dean of the Faculty with the assistance of the senior most teacher of the Department/ Institute.

(3) The Chairperson of Department/Director of the Institute shall plan, organize and supervise the work of the Department/Institute and shall be responsible to the Dean for the work of his Department/Institute.

6. Selection Board. --- (1)The Selection Board shall consist of the following:

(i) the Vice-Chancellor who shall be the Chairperson;

84

(ii) one Vice-Chancellor of a Public Sector University to be appointed by the Chancellor;

(iii) the Chairman or a member of the Khyber Pakhtunkhwa Public Service Commission;

(iv) one member of the Syndicate to be nominated by the Syndicate on the recommendation of the Vice Chancellor;

(v) the Dean of the Faculty concerned;

(vi) Director Academics / QEC (non-voting member);

(vii) the Chairperson of the Teaching Department / Director of the Institute concerned;

(viii) head of the concerned section (in case of appointment of administrative staff); and

(ix)viii the Registrar of the University (Secretary).

(2) The members, other than ex-officio members, shall hold office for three two years.

(3) The quorum of Selection Board shall be sixty percent of the notified members.

(4) In case of selection of officers other than teachers, the Selection Board shall consist only of members mentioned at sub-clauses (i), (ii), (iii),(iv), (viii) and (viiiix) and the quorum shall be four.

(5) No member who is a candidate for the post to which appointment is to be made shall take part in the proceedings of the Board.

(6) In selecting candidates for the posts of Professors and Associate Professors, the Selection Board shall co-opt or consult two experts in the subject concerned, to be nominated by the Vice Chancellor. from a standing list of experts for each subject approved by the Syndicate on the recommendations of the Selection Board and revised from time to time by the respective authorities.

7. Functions of the Selection Board. --- (1) The Selection Board for teaching and other posts shall consider the applications received in response to an advertisement and also consider the promotion cases of the Administrative staff from BPS 17 & above on the basis of seniority cum fitness & merit and recommend to the Syndicate the names of suitable persons for appointment/promotion to teaching or other posts as the case may be and may also recommend-

85

(i) the grant of a higher initial pay in suitable cases for reasons to be recorded;

(ii) the appointment of an eminent qualified person to a position in the University on terms and conditions other than those prescribed; and

(iii) cases of award of increments or cash award on the basis of research contribution as prescribed;

(iv) recommend list of experts and examiner for each subject to the Syndicates.

(2) In the event of unresolved difference of opinion between the Selection Board and the Syndicate, the matter shall be referred to the Chancellor whose decision shall be final;

8. Advanced Studies and Research Board. --- (1) There shall be an Advanced Studies and Research Board which shall consist of the following:

(i) the Vice Chancellor (Chairperson);

(ii) all Deans;

(iv) Three university professors other than dean

(v) Principals of constituent colleges

(vi) Three university teachers having research qualifications and experience to be appointed by the Academic council.

(vii) Three teachers from affiliated colleges having research qualifications and experience to be appointed by the Academic council.

(viii)

(iii) Chairpersons/Directors concerned;

(iv) Supervisor concerned;

(iv) Director Science and Technology Khyber Pakhtunkhwa;

(v) one Professor / Subject Expert in the concerned discipline from other Universities / Organizations to be appointed by the Vice Chancellor;




86

(vi) Director Office of the Research Innovation and Commercialization, ORIC (or his Nominee)

(ivii) Director Advanced Studies and Research Board/Academics; (Secretary)and

(viii) The Registrar (Secretary).

(2) The term of office of members of the Advanced Studies and Research Board, other than ex-officio members, shall be three two years.

(3) The quorum for a meeting of the Advanced Studies and Research Board shall be sixty percent of the notified members.

9. Functions of the Advanced Studies and Research Board:

(i) advise the Authorities on all matters connected with the promotion of Advanced Studies and Research in the University;

(ii) consider and report to the Authorities on the institution of research degrees in the University;

(iii) propose Regulations regarding the award of research degrees;

(v) recommend panels of names of examiners for evaluation of thesis and other research examinations; and

(vi) approval of synopsis and thesis of Higher Research Degrees;

(vii) perform such other functions as may be prescribed by Statutes.

10. Finance and Planning Committee. --- (1) Finance and Planning Committee shall consists of the following:

(i) the Vice-Chancellor (Chairperson);

(ii) a representative of the Higher Education Commission (HEC);

(iii) one member of the Syndicate to be appointed by the Syndicate on the recommendation of the Vice Chancellor;

(iv) one two members of Academic Council to be nominated by the Academic Council;

87

(v) the Secretary to Government, Higher Education Department or his nominee not below the rank of an Additional Secretary;

(vi) the Secretary to Government, Finance Department or his nominee not below the rank of an Additional Secretary;

(vii) one Dean to be nominated by the Vice-Chancellor;

(viii) the Registrar;

(ix) the Director P & D ; and

(x) the Director Finance/Treasurer (Secretary).

(2) The term of office members of the Finance and Planning, other than ex-officio members, shall be three two years.

(3) The quorum for a meeting of the Finance and Planning Committee shall be five members.

11. Functions of Finance and Planning Committee. --- Functions of Finance and Planning Committee:

(i) consider the annual statement of accounts and the annual and revised budget estimates and advise the Syndicate thereon;

(ii) review periodically the financial position of the University;

(iii) advise the Syndicate on all matters relating to planning, development, finance, investment and accounts of the University; and

(iv) perform the function of Departmental Accounts Committee (DAC) and such other functions as may be prescribed.

(v) In case of the DAC meeting, the representative of DG Audit will participate as member of the committee.

12. Affiliation Committee. --- (1) Affiliation Committee shall consist of the following:


(ii) one two members of the Syndicate Academic council to be nominated by the Syndicate Academic Council.on the recommendation of the Vice Chancellor;

88

(iii) all Deans;

(iv) the Director of Higher Education (Colleges), Khyber Pakhtunkhwa;

(v) Controller of Examinations;

(vi) Director Academics (Secretary); and

(vii) the Registrar (Secretary/Member).

(2) The term of office of the members of the Affiliation Committee, other than ex-officio members, shall be three two years.

(3) The Affiliation Committee may co-opt experts not exceeding three.

(4) The quorum for a meeting of an inspection by the Affiliation Committee shall be one-half of the total number of members.

(5) An Officer of the University to be designated by the Vice-Chancellor for this purpose shall act as the Secretary of the Affiliation Committee.

13. Function of the Affiliation Committee. --- Functions of the Affiliation Committee:

(ii) inquire into the complaints alleging breach of conditions of affiliation by affiliated colleges/affiliated institution and to advise the Syndicate thereon; and

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

14. University Discipline Committee. --- (1) University Discipline Committee shall consist of the following:

(i) a Chairperson to be nominated by the Vice-Chancellor;

(ii) two Deans Professors to be nominated by the Vice ChancellorAcademic Council.;

(iii) Registrar;

(iv) Director AdministrationController of Examinations;

(v) Chief Proctor (Member cum Secretary);

(vi) Provost (Secretary).

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(vii) Officer In-charge of Student Affairs

(2) The quorum for a meeting of University Discipline Committee shall be half of the total members.

15. Functions of the University Discipline Committee. --- Functions of the University Discipline Committee shall be to:-

(i) propose Regulations to the Academic Council relating to the conduct of University students, maintenance of discipline and breach of discipline; and

(ii) perform such other functions as may be assigned to it;

(iii) to recommend to the Vice Chancellor minor / major penalties for violation of rules and regulations of the University.

ANNUAL REPORT STATUTES, 2015

Title

1. The Statutes shall be called “Annual Report Statutes, 2015”.

Commencement


Application

3. The Statutes shall apply to The University and its constituent/ affiliated institutes/colleges/schools.

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Definition

4 (i) In the Statutes, unless the context otherwise requires, the following expressions shall have the meanings hereby, respectively, assigned to them as under:-

(a) “Government” means the Government of Khyber Pakhtunkhwa.

(b) "University" means The University of .

(c) "Authority" means any of the Authorities of the University specified in Section 18; of the Act.

(d) “Chancellor” means the Governor Khyber Pakhtunkhwa/ Chancellor of the University under Section 9 (1) & 9 (7) of the Act.

(e) "Employee" means a University employee to whom the Statutes apply in terms of Section 3 of the Service Statutes, 2015.

(f) “Syndicate” means the Syndicate of The University.

(g) “Senate” means, the Senate of The University -, -.

(h) "Prescribed" means prescribed by the Statutes or other Statutes, Regulations and Rules made under the Act.

(i) “Annual Report” means the Annual Report of the University.

Presentation of Annual Report

5. As provided in Section 11 (7) & (8) of the Act. The Vice-Chancellor shall present the annual report before the Senate within three months of the closure of the academic year. The annual report shall comprise such information as regards the academic year under review as may be prescribed, including disclosure of all relevant facts pertaining to the following namely:-

(a) academics

(b) research

(c) administration and

(d) finances

(e) Any other information/ activities of the University.

6. The annual report shall be made available, prior to its presentation before the Senate, to all Syndicate members and other concerned and shall be published in such numbers as are required to ensure its wide circulation.

7. As provided in of the Act ibid, before presentation to the Senate, the annual report shall be presented to the Syndicate.

8. Lay Out of Annual Report

a. University Governance

b. Academic Activities

c. Research and Development

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d. Innovation and Commercialization

e. Quality Assurance

f. University Professional Ranking by the HEC.

g. Faculty Development

h. Students Enrollment and Degrees Awarded annually

i. Universities Building Economies

j. Strengthening Physical Infrastructure

k. Strengthening Technological Infrastructure

l. Universities building Communities

m. Sports

n. Universities Building Leadership

o. Finance

p. Funds Generation/Development

q. University Liaison with industry.

r. Recruitment and promotions

s. Meetings of Authorities and Statutory bodies

t. Outreach activities

u. Progress achieved from foreign tours

v. Litigation record

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FEE AND OTHER MISCELLANEOUS CHARGES STATUTES, 2015

Title

1. The Statutes shall be called “Fee and other Miscellaneous Charges

Statutes, 2015”.

Commencement


Application

3. The Statutes shall apply to all persons admitted in the University or its

constituent institutes/colleges/schools.

Definitions



them as under:



(b) "Student" means a student to whom the Statutes apply in terms

of Statute 3 above.

(c) "Authority" means an officer/authority, which is competent to

allow admission under the Statutes.

(d) "Prescribed" means prescribed by the Statutes or other Statutes,

Regulations and Rules made under the Act.

(e) "Regular student" means a student admitted in the University or

its constituent Institutes/ Schools/Colleges) in accordance with

the prescribed procedure against a clear seat.

(f) "Fee" means the amount required to be deposited by a student

as Admission fee including Tuition fee, Examination fee,

Magazine fee, Tour fee, Text Book Service fee, Sports fee,

Conservancy charges, Laboratory, DMC, Certificate fee,

verification of documents fee, Hostel fee and charges as

provided in the relevant Prospectus, students digital Identity

Card fee, Bus charges and that charged under SSEP,

Developmental charges, Fines and penalties or any other fee,

classed as fee by the Regulations and Rules or deemed to have

bword://BAB!ALL!,miscellaneous/

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been made under the Act and notified from time to time by the

University.

(g) "Refund of Fee” means the amount required to be returned to a

student on account of cancellation of Admission (except

Registration Fee), Excess payment or payment made by error or

double payment made by a University/ School/College student

or fee on account of award of Merit Scholarship after admission,

Developmental charges or Brother/Sister concession in fee by

the University in accordance with the prescribed Regulations

and Rules made under the Act or provided in the Prospectus in

vogue.

(h) "Non Refundable Fee" means the Registration Fee or any other

fee prescribed by Regulations and Rules as non-refundable.

Fee Structure

5. The fee structure shall be the same as provided in the Statutes subject

to revision by the Syndicate as notified from time to time..

6. Fee Refund

% age of Tuition Timeline For Timeline for Fee Semester/ Trimester

Semester Annual System

Full (100%) Fee Refund

Up to 7th day of convene of

Classes

Up to 151h day of convene of

classes

Half (50%) Fee Refund

From 81h - 151h day of convene

of classes

From 16th – 30th day of commencement of classes

No Fee (0%) Refund

From 16th day of commencement of

From 31st day of commencement of classes

8. Hostel Accommodation

Hostel accommodation will be provided as a privilege/facility in accordance with prescribed rules subject to availability of seats.

i. Students seeking admission to hostels shall apply for a seat on the prescribed form, available from the office of the Provost; however, admission in the hostel is a privilege and not a right.

ii. Students must carefully study and observe the hostel rules.


10. The Syndicate may, on recommendation of the Academic

Council/F&PC revise the fee structure or amend any policy with such

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conditions as it may deem fit, in accordance with the provisions of the

Act.


11. If any difficulty arises in giving effect to any of the provisions of the

Statutes, the Syndicate in particular cases may make such decision,

not inconsistent with the provisions of the Statutes, as may appear to

be necessary for the purpose of removing the difficulty.

Provided that such a decision is not ultra vires of the Act.

Interpretation

12. Whenever a dispute arises in the application or interpretation of the

Statutes, it shall be referred to the Anomaly Committee, appointed by

the Syndicate. The decision of the Syndicate in all such cases, after

consideration of the recommendations of the Anomaly Committee, shall

be final.

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96

MAINTENANCE OF REGISTER OF THE REGISTERED GRADUATES

STATUTES, 2015

Title

1. The Statutes framed in pursuance of Section 28 (1) (e) of the Khyber

Pakhtunkhwa Universities Act, 2012 shall be called “Maintenance of

The Register of The Registered Graduates Statutes, 2015”.

Commencement


Application

3. The Statutes shall apply to all persons admitted in the University or its

constituent institutions.

Definitions



them as under:


(a) "University" means The University.

(b) "Student" means a student to whom the Statutes apply in terms

of Statute 3 above.

(c) “Authority” means the Director Admission.

(d) "Prescribed" means prescribed by Statutes, Regulations and

Rules made under the Act.

(e) All other terms and expressions shall have the same meanings

as assigned to them under Section 2 of the Act.

Maintenance of the Register:

5. The Register of the registered graduate shall be maintained by the

Director Admissions/Director Academics/Director Teaching and provide

its copies to all concerned.

Report to the Syndicate:

6. The Academic Council shall report enrolment of graduates to the

Syndicate annually.

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Statutes, the Syndicate in individual cases may make such decision,


be necessary for the purpose of removing the difficulty, provided that

such a decision is not ultra vires of the Act.

Interpretation




consideration of the recommendations of the Anomaly Committee,

shall be final.

9. Regulations and Rules

Under provision of Section 2 (o) & (v), Section 29 and 31 of the Act,

Regulations and Rules shall be made by the Academic Council under

provision of the Statutes as it deem necessary from time to time.

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AFFILIATION AND DEAFFILIATION OF EDUCATIONAL INSTITUTIONS

AND RELATED MATTERS STATUTES, 2015

Title

1. The Statutes framed in pursuance of Section 28 (1) (f) read with

Section 32-35 of the Khyber Pakhtunkhwa Universities Act, 2012 and

in line with the guidelines notified by Higher Education Commission,

Islamabad vide No. 15-12/ HEC/ A&N2004/130 dated February 14,

2006 shall be called “Affiliation and De-affiliation of Educational

Institutions and Related Matters Statutes, 2015”.

Commencement


Application

3. The Statutes shall apply to all Institutes affiliated with the University as

per conditions prescribed under Section 32-35 of the Act.

Definitions



them as under:



(b) “Syndicate” means Syndicate of the University.

(c) “Vice-Chancellor” means Vice-Chancellor of The University.

(d) "Authority" the Syndicate

(e) "Institutes/Colleges" means institute/college to whom the

Statutes apply in terms of Statute 3 above.

(f) "Prescribed" means prescribed by Statutes, regulations or rules

made under the Act; (v)“Statutes”, Regulations” and “Rules”

mean respectively the Statutes, Regulations and Rules made

under this Act; Section 29.Regulations.---(1) Subject to the

provisions of this Act and the Statues, the Academic Council

may make Regulations , Section 30 Amendment and repeal of

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Statutes and Regulations. ---The procedure for adding to,

amending or repealing the Statutes and Regulations shall be the

same as prescribed respectively for framing or making Statutes

and Regulations of the Act and the Statutes, Regulations and

Rules made thereunder.

(g) “HEC” means the Higher Education Commission Islamabad.

(h) “HEAL” means the Higher Education, Archives and Libraries

Department, Government of Khyber Pakhtunkhwa.

(i) “Affiliation Committee” means the Affiliation committee

constituted in terms of Section 27 of the Act ibid.

(j) “Affiliation” means affiliation with The University.

(k) “Inspection Committee” means the Committee executing

inspection of the institutes/colleges.

(l) “Affiliated college” or “Affiliated institution” means a college or

institution affiliated to the University, but not maintained or

administered by it;

(m) “Principal/ Director” means the Head of the College or the Chief

Executive of the institution/college seeking Affiliation.

(n) “Programme” means the Course of Study, which culminates in

the final award of a degree.

(o) All other terms and expressions shall have the same meanings


5. Legal formalities Including those Mentioned Under Sections 32-35

of The Universities Act, 2012

32. Affiliation of Educational Institution:-

(1) An educational institution seeking affiliation to the

University shall satisfy that the:

(a) educational institution is under the management of

Government or a regularly constituted governing body;

(b) financial resources of the educational institution are

sufficient to ensure its continued maintenance and

efficient working;

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(c) strength and qualifications and the terms and conditions

of service of the teaching and other staff of the

educational institution are satisfactory for the purpose of

teaching the prescribed courses;

(d) educational institution has framed proper rules governing

the conduct and discipline of its employees;

(e) building of the educational institution is suitable and

commodious for its requirements;

(f) educational institution has or can make a provision in the

prescribed manner, as for as possible, for the residence

of students not residing with their parents or guardians,

and their supervision and physical and general welfare;

(g) educational institution has a provision for a library and

adequate library services;

(h) educational institution has properly equipped laboratories,

museums and other places of practical work required for

courses of studies taught therein; and

(i) educational institution has or can make provisions for

residence of its Heads and other members of the

teaching staff.

(2) The application for affiliation shall further contain an

undertaking by educational institution that after it is

affiliated, any changes in management or teaching staff

shall forthwith be reported to the University and that the

teaching staff shall possess such qualification as are, or

may be, prescribed.

(3) The Syndicate shall after considering the

recommendations of the Affiliation Committee, dispose of

the application for affiliation in accordance with such

procedure as may be prescribed and may grant or refuse

affiliation; provided that affiliation shall not be refused,

unless the educational institution has been given an

opportunity of making a representation against the

proposed decision.

33. Extension of Affiliation

When an affiliate desires to alter or expand the courses of

studies, number of seats and/ or fee structure in respect of

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which it is granted affiliation, the procedure prescribed for

affiliation shall, as for as possible, be followed.

34. Inspection and Reports

(1) Every affiliate shall furnish such reports, returns and other

information as the University may require enabling it to

judge the efficiency of the educational institution.

(2) The University may call upon an affiliate to take, within a

specified period, such action in respect of a matter

mentioned in sub-section (1) as the University may deem

fit.

The legal formalities in addition to those prescribed under

the Act are as under:

i. As provided in Section 32 (1) (a) of the Act ibid the ownership of the institution shall vest in a body corporate and not in individual(s) or family, registered under the relevant laws of Company Ordinance/ Societies Registration Act/ Trust as a foundation/ society/ trust. This shall not be required in case the institution/ college is in the public sector.

ii. No change or transfer in ownership of the affiliate shall be permissible.

iii. Registration with Higher Education Regulatory Authority (HERA) shall be obtained before applying to the University for Affiliation.

iv. Educational Institutions/Colleges seeking affiliation with the University, shall secure prior consent of the University, relevant Provincial and/or Federal Higher Education authority as the case may be, of its territorial jurisdiction.

v. The territorial limits of The University extend to…….. Province of Khyber Pakhtunkhwa.

vi. A copy of the registration deed along with a memorandum of association will be furnished to the University for examining the objectives of the Foundation/ Society/ Trust and credentials/ profile of the members.

6. Procedure for Affiliation:

Procedure for disposal of affiliation application shall be as follows:-

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a. An educational institution applying for affiliation shall send a

formal application to the Secretary Affiliation Committee, with

reasonable time prior to commencement of academic

programme of the University, along with application fee as

determined by the Syndicate from time to time.

b. The Affiliation Committee shall examine the information

contained therein as well as the statements submitted along with

the original application.

c. If the Affiliation Committee is satisfied with the information and

the

statements, it may, with the approval of Vice Chancellor, send

an

Inspection Committee to visit the institute/ college concerned to

satisfy

itself that the prescribed requirements have been actually and

physically fulfilled.

d. If the Inspection Committee is satisfied, it may recommend grant

of

affiliation of the institute/ college to the Affiliation Committee.

e. The Affiliation Committee after further inquiry, which might be

considered necessary, forwards its recommendations to the

Syndicate.

f. After approval of affiliation by the Syndicate, the affiliated

institute/collage shall deposit affiliation fee for each of the

affiliated programmes.

g. The educational institutions affiliated to the University shall be

governed by the relevant regulations & rules framed by the

University from time to time.

7. Formal Agreement:

i. All arrangements of affiliation between institute/college and university shall be agreed upon and formally written down as approved legal agreement and signed by lawful authorized representative from the affiliated Institute and Secretary of Affiliation Committee. Detailed arrangements for partnership shall be set out clearly in the agreement and memorandum of understanding;

103

ii. The agreement shall take into account the scope of the arrangements, responsibilities, financial arrangements, quality control mechanism, mode and means of payment, validity period, procedure for resolution of differences and termination of agreement etc.;

iii. The agreement should clearly spell out the provisions for quality control mechanism including monitoring, assessment procedures and review, and visitation.

iv. The validity period of the agreement should be clearly agreed upon by the parties. Any provision or extension should specify the requirements for review.

v. Termination of affiliation should safeguard the interests of the students and should be duly notified to the general public and Commission.

8. Conditions and procedure for de-affiliation as provided in Section

35 of the Act ibid:

De-affiliation.

(1) If an affiliate fails to fulfill requirements of the Act or conditions of

affiliation or its affairs are conducted in a manner prejudicial to

the interest of education, the Syndicate may, in the prescribed

manner, and after considering any representation that the

affiliate may wish to make, modify or withdraw all or any of the

privileges conferred by the affiliation.

(2) Where an educational institute/college has been refused

affiliation or all or any of the privileges conferred on any

educational institution by affiliation have been modified or

withdrawn under sub-section (1), it may, within the prescribed

period, apply for review to the Syndicate against such refusal

and the application shall be disposed of in such manner as may

be prescribed.

9. Affiliation Committee:

9.1. As provided under Section 11 of the , Constitution, Functions

and Powers of the Authorities of the University Statutes, 2015, there

shall be an Affiliation Committee constituted by the Syndicate and

comprising the following for a period of three years excluding serial No.

iv to ix, being ex-officio members.


(ii) two members of the Academic council to be nominated by the Academic Council.

104

(iii) all Deans;

(iv) the Director of Higher Education (Colleges), Khyber Pakhtunkhwa;

(v) Controller of Examinations;

(vi) Director Academics (Secretary); and

i. The Chairperson; a Dean of the university to be nominated by the Vice Chancellor.

ii. Two faculties, to be nominated by the Vice Chancellor, not below the rank of senior faculty of the relevant discipline in which the affiliation is being sought.

iii. A member of the syndicate to be nominated by the syndicate to be nominated by the Commission.

iv. Controller of Examinations.

v. Registrar or nominee

vi. Director Finance or nominee

vii. Director Advanced Studies & Research or nominee

viii. Chairperson / Director of the concerned Academic Unit/institute/ Department

ix. Director Teaching/Secretary Affiliation Committee

9.2 The affiliation Committee may co-opt an expert for specific

meeting(s) from inside or outside the university, conforming to

the matter being considered.

9.3 The minimum quorum for a meeting shall not be less than two

third of the membership

9.4 The functions of the Affiliation Committee shall be to:

i. advise Syndicate regarding affiliation of an institute/college;

ii. monitor the academic performance of the institute/college;

iii. inquire into complaints alleging breach of conditions of affiliation and to advise the Syndicate thereon;

iv. recommend to the Syndicate the suspension or withdrawal of privileges to an institute/college; and

105

v. perform such other functions as may be assigned from time to time by the Syndicate.

10. Inspection Committee:

There shall be an Inspection Committee constituted by Vice Chancellor

on the recommendation of Affiliation Committee, comprising at least

two members of the Affiliation Committee, two one subject experts in

the

relevant field and Secretary Affiliation Committee.

One of the members of Affiliation Committee shall be appointed as

convener.

11. Powers of the University

The University shall have the powers vested in it by Section 6 (xvi) of

the Act. 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.



Regulations and Rules shall be made by the Academic Council for the

purpose under provision of the Statutes as it deem necessary from

time to time.

106

Annexure - I

APPLICATION FORM FOR AFFILIATION

Note: please answer every question clearly and in detail:-

1. General:

i) Name of Institution/college, address with fax/ ernail /telephone

numbers;

ii) Year and objectives of establishment;

iii) Name of the controlling authority/chief executive;

iv) Name, designation and qualifications of the head of institution;

v) Name of registered society/body, trust, foundation;

vi) Governing body, its composition and other relevant details

2. Physical facilities:

i. Infrastructure available in shape of land, type of current building (owned/rented) and total covered area of the administration building;

ii. Total number and size of class rooms, capacity for students;

iii. Details of the laboratories, workshops and equipment’s appropriate to the courses;

iv. Details of the office equipment, furniture and fixtures;

v. Number of quarters/residences at the campus for teaching staff;

vi. Details of sports grounds and other facilities;

vii. Position of gas and water and electricity fitting;

viii. Transport vehicles for official use and students;

ix. Details of students hostels buildings.

3. Academic facilities:

i. Current academic programmes presented at institution/ College;

ii. Details of subjects to be offered at Bachelor's level with proposed combinations of academic groups; ,

iii. Subjects to be offered at Master's level

4. Faculty/staff:

107

i) Faculty strength, names of members of teaching staff, their

qualification, training and skill, designations, experience, pays

scales;

ii) Mode of appointment of teaching staff and criteria of selection;

iii) Total number of non-teaching, administrative and supporting

staff, their designation, qualifications and experience;

i) Details of medical services for students and employees

5. Library:

i) Number of books, textbooks, journals (international and

national), periodicals, newspapers, reference books in library;

ii) Information regarding accommodated number of students in

reading rooms.

6. Facilities Regarding Information Technology:

i) Details of computer literacy and integration of networking and visualization into normal institutional activities, student computer ratio;

ii) Internet connectivity available to students.

7. Students:

i) Total number of students enrolled in the institution/college;

ii) Enrolment of students level-wise

8. Admissions:

i) General policy;

ii) Number of students to be enrolled, level-wise;

iii) Procedures and criteria of admission

9. Quality Assurance and Student Supervision:

i) Arrangement for academic supervision of students:

ii) Arrangements for quality assurance:

iii) Level of administrative and technical support for quality assurance

10. Finances:

i) Financial position of institution/college and sources of income to

meet the recurring and developmental expenses of the

institution/college duly audited by Assistant Director local fund

Department of the University and Director Finance or his

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nominee on nominal audit fee to be paid by the concerned

Institute/College.

ii) Receipts in form of grants, donations, gifts, assets and

investment income and fees in term of regular, casual and

miscellaneous;

iii) Recurring expenditure in term of pays, allowances,

maintenance, purchases, utilities, running laboratory expenses,

examinations, consumable etc.

11. Additional information, if any

109

TENURE TRACK STATUTES, 2015 118. TITLE

These Statutes, framed in pursuance of Section 28(1) (d) of the Khyber Pakhtunkhwa Universities Act, 2012, shall be called “Tenure Track Statutes, 2015”.

119. COMMENCEMENT & APPLICATION

These Statutes shall come into force with immediate effect and shall apply to

all Faculty Members appointed on Tenured/Tenure Trackt under these

Statutes. Any subsequent changes made by HEC shall be applicable,

120. DEFINITIONS

Unless the context otherwise requires, the following expressions shall have the

meanings hereby assigned to them:

a. "University" means the University of .

b. "Senate" means Senate of the University.

c. "Syndicate" means Syndicate of the University.

d. "Academic Council" means Academic Council of the University.

e. "Selection Board" means Selection Board of the University.

f. “Act” means Khyber Pakhtunkhwa Universities Act, 2012.

g. “Departmental Technical Review Committee (DTRC)” means Departmental Technical Review Committee constituted under these Statutes.

h. "Technical Review Committee (TRC)" means Technical Review

Committee constituted under these Statutes.

i. “Schedule” means Schedule appended to these Statutes.

j. “Basic Pay Scale” means the Basic Pay Scales, 2011.

k. "Existing Statutes" means Existing Statutes of the University.

110

l. "Chairperson" means Chairperson of the University Teaching Department.

m. "Director" means Director of Constituent Institution of the University.

n. "Principal" means Principal of Constituent College of the University.

o. "Head" means Head of Administrative Section of the University.

p. "Coordinator" means Coordinator of a campus of the University.

q. "First Three-Year Term Contract Appointment" means First Three-Year

Term Contract Appointment made under these Statutes.

r. "Prescribed" means prescribed by these Statutes.

s. "Permanent Post" means a post sanctioned without assigning any limit of time.

t. "Second Three-Year Term Probationary Appointment" means Second

Three-Year Term Probationary Appointment made under these Statutes.

u. "Probationary Appointment" means Probationary Appointment made

under these Statutes.

v. "Contract Appointment" means Contract Appointment made under these Statutes.

w. "Tenured Appointment" means Tenured Appointment made under these

Statutes.

x. "Presumptive Pay" means the pay of a post to which an employee is entitled subject to his holding the same in a substantive capacity and performing its functions.

y. "Pay Protection" means permitting pay not less than the last pay drawn

by him before appointed against the same or a higher post.

z. "Tenured Appointment" means Tenured Appointment made under these Statutes.

aa.z. "Substantive Pay" means the basic pay other than special pay, personal

pay, technical pay etc. to which an employee is entitled on account of substantive appointment to a post in a specified scale.

111

bb.aa. "Temporary Post" means a post other than a permanent post.

cc.bb. "University Employee" means a person who holds a permanent post in the University service and who is paid from the University funds.

dd.cc. The Pronoun “He” refers to both Male and Female employees.

121. APPOINTMENTS

(1) The University will make the following Tenure Track Appointments of

new faculty members:

(a) First three-year term contract Appointments (Assistant Professor)

(b) Second three-year term Probationary Appointments (Assistant

Professor).

(c) Probationary Appointment (Associate Professor and Full

Professor)

(d) Tenured Appointments

(2) Bases for Appointments

For appointments on Tenure Track, a candidate will be evaluated in

terms of effectiveness in the following four principal areas i.e. (i)

Teaching (ii) Scholarship, Research, or other Creative work (iii) Service

and (iv) Personal characteristics as per Schedule “A, B and C” attached

to these Statutes.

(a) Teaching

It is commonly considered to include;

(i) A person knowledge of the major field of study;

(ii) Awareness of the development in the major field of

study;

(iii) Skill in communicating to students and in arousing their

interest;

(iv) Ability to stimulate students to think critically

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(v) To make students understand to appreciate the

interrelationship of fields of knowledge and

(vi) To be concerned with applications of knowledge to vital

human problems

(b) Scholarship, Research, or other Creative Work

A faculty member’s scholarship, research and other creative work

should make a contribution to the particular field of interest and

serve as indication of professional competence. The result of this

kind of activity normally finds expression in publication or other

media appropriate to the field and where appropriate should be

reflected in teaching.

(c) Service

This term refers specifically to service to the University community such as:

(i) In Committee assignments and to public service.

(ii) It also has reference to service to one’s profession,

usually identified by time and effort given to professional organization, whether of Provincial, Regional, National, or International character.

(iii) Services rendered concerning the local community in which the University is located and the country at large.

(iv) An outstanding service record should be a positive factor in making an evaluation.

(d) Personal Characteristics

This category includes all traits which contribute to an individual’s effectiveness as a teacher, as a leader in a professional area, and as a human being. Of primary concern here are intellectual breadth, emotional stability or maturity, and a sufficient vitality and forcefulness to constitute effectiveness. There must also be a sufficient degree of compassion and willingness to cooperate, so that an individual can work harmoniously with others while maintaining independence of thoughts and actions.

113

(3) Eligibility Criteria for Appointment of Faculty on Tenure Track

(a) Assistant Professor

Ph.D. or Relevant Terminal Qualification in the relevant field from an HEC recognized University / Institution. The Relevant Terminal Qualification in case of Clinical Medical Science Discipline would be MS / MD / MDS / M.Phil. / FCPS (Pakistan) / Membership of Royal Colleges (UK) / Diplomat of American Board and equivalent (as determined by HEC). In the case of Law the relevant terminal qualification would be LLM (law) or JD. In the case of Arts and Design (Studio Practice) and Architecture the relevant terminal qualification would be Master’s (Foreign) or M.Phil.or equivalent degree in the relevant field as determined by the HEC.

(b) Associate Professor

(i) Ph.D. or Relevant Terminal Qualification in the relevant

field from an HEC recognized University / Institution. The Relevant Terminal Qualification in case of Clinical Medical Science Discipline would be MS / MD / MDS / M.Phil. / FCPS (Pakistan) / Membership of Royal Colleges (UK) / Diplomat of American Board and equivalent (as determined by HEC). In the case of Law the relevant terminal qualification would be LLM (law) or JD. In the case of Arts and Design (Studio Practice) and Architecture the relevant terminal qualification would be Masters (Foreign) or M.Phil. or equivalent degree in the relevant field as determined by the HEC with either 06-years post-Ph.D./Relevant Terminal Degree or minimum of 04-years of post- Ph.D./Relevant Terminal Degree experience with at least 06 years of experience prior to the Ph.D.., in a recognized University or a post-graduate Institution or professional experience in the relevant field in a University or Govt. Organization. In addition, 10 research publications (with at least 4 publications in the past 05 years) in Internationally Abstracted Journals, recognized for the purpose of appointment on Tenure Track by the Higher Education Commission.

(ii) The length of service in the rank of Assistant Professor before being considered for appointment to the rank of Associate Professor is six years.

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(iii) An Assistant Professor on tenure track / probation, before

being considered for appointment to the post of Associate Professor, must first secure Tenure in accordance with the prescribed Tenure Track procedures. There is no provision where a faculty member can apply for an advertised position of Associate Professor without completing the procedure laid down for TTS.

(c) Professor

(i) Ph.D. or Relevant Terminal Qualification in the relevant field from an HEC recognized University / Institution. The Relevant Terminal Qualification in case of Clinical Medical Science Discipline would be MS / MD / MDS / M.Phil./ FCPS (Pakistan) / Membership of Royal Colleges (UK) / Diplomat of American Board and equivalent (as determined by HEC). In the case of Law the relevant terminal qualification would be LLM (law) or JD. In the case of Arts and Design (Studio Practice) and Architecture the relevant terminal qualification would be Master’s (Foreign) or M.Phil.or equivalent degree in the relevant field as determined by the HEC with either 11-years post-Ph.D../Relevant Terminal Degree or minimum of 07-years of post- Ph.D./Relevant Terminal Degree experience with at least 12 years of experience prior to the Ph.D./Relevant Terminal Degree, in a recognized University or a post-graduate Institution or professional experience in the relevant field in a University or Govt. Organization. In addition 15 research publications (with at least 05 publications in the past 05 years) in internationally abstracted Journals, recognized for the purpose of appointment on Tenure Track by the Higher Education Commission.

(ii) The length of service in the rank of Associate Professor

before being considered for appointment to full professor is four years.

(iii) An Associate Professor on tenure track / probation, before being considered for appointment to the post of full Professor, must first secure Tenure in accordance with the prescribed Tenure Track procedures. There is no provision where a faculty member can apply for an advertised position of full Professor without completing the procedure laid down for TTS.

(ii)

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(iv)(iii) To be eligible for appointment on Tenure Track as full Professor the candidate’s age shall not be more than 52 years.

(4) General Conditions for appointment on Tenure Track:

(a) To be considered for appointment on Tenure Track the candidate is required to resign or retire from any position held previously in any Public / Private University or Organization, before joining the University on Tenure Track, except in the case where the candidate is incumbent of this University.

(b) A faculty member appointed under the Tenure Track scheme

may not take up any other paid assignment with any other organization, without the approval of the Vice Chancellor.

(c) A faculty member on Tenure Track may be appointed to any

academic administrative post in the university such as Dean, Chairperson/Director of Institute.

(d) The Seniority of a teacher in each cadre of the University shall be

determined on the basis of the date of joining in each cadre irrespective whether the teacher has joined on BPS or TTS. In case of employees joining on the same date, seniority will be determined by the order of merit assigned by the Selection Board.

(e) No graduate of this University will be eligible for appointment on

tenure track who has obtained his terminal degree from this University during the last 03 years following his graduation, except a graduate who is an employee of this University.

(f) Only a tenured faculty member can assume responsibility in an

administrative capacity of Vice-Chancellor.

(g) A faculty member with tenure who leaves an academic department to accept full-time employment by the University in an administrative capacity will not retain tenured status in the academic department.

(5) Tenure Track Appointment Procedure

(a) Appointment on Tenure Track shall be made by initial recruitment after due publicity of vacancies in at least two Leading National News Papers.

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(b) Eligibility criteria for appointment of Tenure Track Faculty are given above.

(c) Appointments shall be made by the Syndicate, on the

recommendation of the Selection Board.

(d) Faculty sent by the University for Higher Education / Training abroad will be considered for appointment on Tenure Track provided they apply for the advertised posts, and competes in Selection Board.

(6) Assistant Professor Appointments

(a) First Three-Year Term Contract Appointment

(i) Appointment of Assistant Professor is made for initial three years term contract. It will be followed by a second term (Probationary) contract appointment for an additional period of three years. The tenure decision will be made for such a faculty in the third year of the second after the completion of first term contract appointment.

(ii) Each candidate who wishes to be considered for

appointment as Assistant Professor on Tenure Track should prepare a comprehensive application dossier that includes letters of reference from his Ph.D. supervisor as well as from at least three other eminent researchers in his area of specialization.

(iii) Applications of all candidates will be scrutinized for

determination of the eligibility of the candidates.

(iv) All eligible candidates will be invited to appear before the University Selection Board.

(v) After interview, the Selection Board may make any of the

following decision on merit:

A. Reject appointment on Tenure Track

B. Recommend “first three-year term contact appointment” on Tenure Track to the Syndicate.

C. The recommendations of the Selection Board will

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be placed before the Syndicate for final appointment.

D. Progress of the faculty will be reviewed each year

by the University/Departmental Technical Review Committee (U/DTRC).

E. First term review will be conducted after three

years.

(b) Second Three-Year Term Probationary Appointment

(i) Review and recommendations of the DTRC of the first three-year term will be forwarded to the Vice Chancellor for the award of second three-year term probationary appointment.

(ii) If the decision is positive the faculty member will be

awarded second three-year term (probationary) appointment.

(iii) If the decision is negative the faculty member will be

issued a termination notice.

(iv) An Assistant Professor offered a second three-year term (probationary) appointment shall, from the beginning of the fourth year of service, become a faculty member in probationary status. The first three-year term review shall be considered as the mid-term review and the faculty member shall come under the appropriate provision and procedures of probationary period. Accordingly, a tenure review shall be conducted during the second third-year probationary appointment.

(v) Progress of the faculty will be reviewed each year by the

Departmental Technical Review Committee.

(vi) Second term review (Final term review) will be conducted after six years.

(vii) Recommendation of the second three-year term review

will be placed before the Selection Board to recommend to the Syndicate for consideration of the award of tenure.

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(3) Associate Professor and Full Professor (Probationary) Appointments

(a) For appointments of Associate Professor and Full

Professor on Tenure Track, posts will be advertised in at least two leading national newspapers.

(b) Each candidate who wishes to be considered for

appointment as Associate Professor and Full Professor on Tenure Track shall prepare a comprehensive application dossier that includes letters of reference from his Ph.D. supervisor as well as from at least three eminent academics and researchers in his area of specialization, and all publications in Internationally Abstracted Journals, recognized for the purpose of appointment on Tenure Track by the Higher Education Commission.

(c) Applications of all candidates will be scrutinized for

determination of eligibility of the candidates.

(d) The application dossier of each eligible candidate for appointment as Associate Professors and Full Professor will be sent to an independent Technical Review Committee (TRC) to be appointed by the Vice Chancellor composed of eminent international academics and researchers in the relevant area from technologically advanced countries. A copy of the dossier, along with names of the Technical Review Committee members will be sent to the HEC. The following criteria will be followed in selecting members of the TRC:

(i) Should not have served as Supervisor/Co-

Supervisor of the candidate under review.

(ii) Should not have been a student of the candidate.

(iii) Should not have been a co-author of the candidate on any publication.

(iv) Must have the rank of an Associate Professor or

above in a recognized university or equivalent position in a recognized research organization. He also must not have a lower rank than the applicant.

(e) Upon receipt of a favorable recommendation from the

TRC members, the matter will be placed for consideration

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to the Selection Board. The Selection Board may:

(i) Reject appointment on Tenure Track.

(ii) Recommend “probationary” appointment on Tenure Track at the level of Associate Professor and Full Professor with a final tenure review occurring after a period of 04 years.

(f) The recommendation of Selection Board will be placed before the Syndicate for final appointment.

(g) For faculty members appointed as Associate Professor

and Full Professor the probationer period shall normally be four years.

122. REVIEWS / EVALUATIONS

(1) Annual Review

The progress of each faculty member appointed on Tenure Track shall be reviewed annually by the University/Departmental Technical Review Committee (U/DTRC) as per Schedules “A, B and C”. The Departmental Review Committee shall consist of the following:

(a) The Chairperson of the Department who will be the convener of

the U/DTRC

(b) All Tenured members of the Department

(c) Till such time as there are less than five Tenured Faculty Members, the committee shall consist of all Professors of the Departments

(d) If the number of Professor in the department is less than five then

all Professor and Associate Professors shall comprise the committee

(e) If the total number of Professors and Associate Professors is less

than five then the Vice Chancellor will appoint remaining members from the list of experts in that discipline on the recommendation of the concerned Dean.

Note: Any member whose cases under review in the U/DTRC will not attend the meeting during the review of his case.

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(2) First Term Review

(a) In case of Assistant Professor first three-year term review will be

conducted during the latter part of the third year of the first three-year term by the University Departmental Technical Review Committee (U/DTRC).

(b) The Departmental Technical Review Committee no later than six

weeks prior to the end of the third year, shall make a decision-favorable or not favorable-with respect to the performance of the faculty member during the time served.

(c) The recommendations will be sent to the Vice Chancellor who

will make the final decision and will so notify the faculty member no later than two weeks prior to the end of the third year. If this decision by the Vice Chancellor about performance is favorable, the faculty member will be notified that he will receive a second three-year term (probationary) appointment. If the decision about performance is negative, the faculty member shall be issued a termination notice of contract.

(d) An Assistant Professor offered a second three-year appointment

will, from the beginning of the fourth year of service, become a faculty member in probationary status. The first term review will be considered as the mid-probationary review. A tenure review will be conducted during the third year of the second three-year probationary appointment.

(3) Probationary Period

(a) The probationary period shall constitute the time during which a

person’s fitness for permanent tenure is under scrutiny. For faculty members appointed as Associate and Full Professor, their entire period of appointment shall be considered as a probationary period. Probationary appointments shall normally lead to permanent tenure. Initial probationary appointments are normally made only at the Associate and Full Professor level. The probationary period shall be four years for Associate and Full Professors. This period will be increased by one-half year for appointments commencing during the second half of the academic year.

(b) The duration of the probationary period shall not normally be

extended, except that the running of the probationary period will normally be suspended when the faculty member goes on a

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leave without pay.

(c) A faculty member may achieve tenure only through full time service, and part-time service shall not be considered as probationary service leading to possible tenure.

(d) A faculty member with tenure who leaves an academic

department to accept full-time employment in an administrative capacity shall not retain tenured status in the academic department.

(4) Probationary Reviews

(a) Annual Probationary Review

(i) The progress toward permanent tenure of each faculty

member on probationary status will be reviewed annually by the U/DTRC in the light of section 127 (2) of these Statutes “basis for appointments”.

The outcome of each review will be discussed with the probationary member.

(ii) In addition to annual probationary reviews, more thorough

and formal written evaluations shall be conducted as outlined below in the Mid-Probationary Review and Tenure Review by TRC.

(b) Mid-Probationary Review

(a) For Assistant Professors completing their first three-year term, the first term review will be considered to be the mid-probationary review.

(b) For Associate and Full Professors directly appointed with

probationary status, midway through the probationary period a full review report be made.

(c) The Vice Chancellor, on the recommendation of the

concerned Dean, will form a Technical Review Committee (TRC) composed of eminent international academics and researchers in the relevant area, drawn only from technologically advanced countries. The TRC will conduct a thorough review of the probationary member's progress along lines similar to those outlined for annual reviews. This review will identify, in reasonable detail, the areas of

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strength and weakness of the probationary member. The TRC will subsequently present a written review report to the Vice Chancellor.

(d) The faculty member can NOT be considered further for

second term appointment if he receives a negative report from the Technical Review Committee.

(e) The Chairperson of the Department shall send a full

written report on this review, including a summary of all the evaluations of the faculty members consulted, to the Dean of the Faculty.

(f) The Dean shall forward it to the Vice Chancellor. A full

mid-probationary review report shall, therefore, consist of the evaluations of the Technical Review Committee, the Chairperson and the Dean of the Faculty.

(g) The review process shall be considered complete only

when copies of the full report have been received by the probationary member and the Chairperson of the Department. The aim of the probationary review is to give a member a clear picture of the performance levels by which he is to be judged and to offer the opportunity to correct deficiencies in the second half of the probationary period.

(c) Tenure Review / Tenured Appointment

(i) Six month before the final year of the faculty member's

probationary period a full review report will be made.

(ii) The Technical Review Committee will conduct a thorough review of the member's fitness for tenure following the same procedure as outlined for the mid-probationary review for submission to the Vice Chancellor.

(iii) The recommendation of the TRC will be placed before the Selection Board for consideration for the award of Tenure.

(iv) Written notice that a faculty member in probationary status is or is not to be continued in service will be given to the faculty member not later than June 30 of the final year of the predetermined probationary period.

(v) If the decision is positive the faculty member will be awarded tenure.

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(vi) Tenure shall be effective immediately upon the faculty

member’s acceptance of the award.

(vii) If the decision is negative the faculty member will be issued a termination notice at least months prior to the last day of his probation period.

123. TRANSFERRING OF EXISTING FACULTY MEMBERS TO TENURE TRACK

SYSTEM

(1) Existing faculty members who are eligible will be considered for appointment on Tenure Track by following the process for initial appointment on tenure track outlined in these Statutes.

(2) REJECTION OF GRANT OF TENURE TO THE EXISTING FACULTY

MEMBERS

In case tenure is not granted after the final review, the faculty member would revert to his BPS posting, being held by him prior to TTS appointment.

124. SABBATICAL LEAVE

A faculty member on tenure track may proceed on Sabbatical Leave at the rate of one semester (six months) paid leave for every three years of service in the University.as per University rules. The leave period shall count towards the Tenure Track probationary period. Sabbatical leave may not be combined with any other leave. Faculty who opted for TTS and were eligible for sabbatical leave on BPS basis will be allowed to avail this facility even after joining TTS. However, the payment during leave should be equivalent to BPS. This period of Sabbatical leave will however, be counted against the probationary period on TTS.

125. OTHER LEAVES

Faculty member on tenure track may avail leaves, except study leave, as per existing rules for regular faculty. The existing faculty who opted for TTS is allowed to proceed on Post Doctorate as per University rules for the BPS faculty. However, the payment during leave should be equivalent to BS. This period of Post Doctorate leave will, however, is counted against the probationary period on TTS. Those faculty members who are directly appointed on Tenure Track cannot avail long leave/sabbatical leave/study leave/deputation or any other leave. However, they could avail leave for Post-Doctorate studies upto one year. This period will be counted towards their probationary period. The

124

Tenured faculty could avail all kinds of leave as per rules of the University.

126. RESIGNATION

A faculty member on tenure track wishing to resign shall do so in accordance with the rules of the University. The existing faculty after joining on TTS can join back on the respective substantive post only if the Tenure appointment is not approved after final review. An “existing faculty member” while on TTS cannot revert back to BPS on his own accord. Moreover, if a faculty member on tenure track chooses to apply against an advertised TTS/BPS position (before completing his track/probation period) in the University, he would be required to resign from the University service before joining applying for the higher positions. The relaxation given to existing faculty members (transferred to TTS from BPS) to retain their lien with the BPS positions will be allowed only once during the entire career.

127. TERMINATION OF SERVICES OF FACULTY MEMBER WITH TENURE

The services of a faculty member holding tenure shall be terminated only in accordance with the rules of the University applicable to confirmed members of the faculty and in accordance with the procedures prescribed by the University.

128. FACULTY REMUNERATION AND BENEFITS

(a) A faculty member appointed on tenure track will be entitled, in accordance with the rules, to the pay sanctioned for such post.

(b) The salary scales are all inclusive and no other allowance (PhD.

allowance, medical allowance, orderly allowance etc.), or benefits will be admissible to the concerned faculty members, except gratuity equal to one month’s pay for each completed year of service. For this purpose the pay would mean the last pay drawn after each completed year of service. However, medical facility will be provided by the University as per BPS scales. The “existing faculty member” eligible for pension contribution under BPS may be considered for pension benefits provided he makes regular contribution on his own. “The existing faculty members‟ who was serving under BPS and has already, got entitled/eligible for pension under BPS before joining TTS, and working now under Tenure Track System may be considered for pension provided the period of service under Tenure Track System will not be counted towards service qualifying for pension under BS, while such period of Tenure Track Service may be treated as extra ordinary leave”.

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129. INITIAL PAY

(a) The initial pay of a faculty member appointed to a post shall be determined as per salary scale mentioned in Section – 136(3).

A faculty member may be awarded advance increments that may be based on the following factors, subject to minimum criteria for each factor prescribed by the Syndicate duly endorsed by the HEC. the approval by HEC.

(i) Quality and number of HEC recognized International refereed

journal publications, conference presentations and publications, and reports.,

(ii) Number of Ph.D. and MS thesis supervised.

(iii) The amount of funding received from sources other than one’s

own University.

(iv) Market factors

(iv)(v) Patents / Crop Varieties developed or approved.

(b) Total number of advanced increments to be awarded can be a fractional number subject to maximum four.

(b)(c) Criteria for each factor with weightage of advance increment as prescribed is subject to the approval of the Syndicate.

130. ANNUAL INCREASE

(1) Determining the Date of Annual Increase

(a) Those who are appointed between January and June will be considered for annual increase with effect from 31st December.

(b) Those who are appointed between July and December may be

considered for annual increase with effect from 31st December of the next service year.

(2) Self-Assessment Report

(a) For the award of annual increase, a self-assessment report forms

shall be completed by every faculty member on tenure track. In this form the faculty member will document the teaching, research, advisory, consultative and administrative service rendered by him during the previous year. Self-assessment will

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126

be backed by documented evidences such as (i) course files, (ii) publications (published, submitted, in preparation), (iii) research project in progress and completed, (iv) report on industrial project undertaken (v) details of new courses developed or innovation introduced in course or laboratory work, (vi) requisite information about M.Sc., M.Phil. and Ph.D. students supervised, and (vii) advisory and administrative services rendered.

(b) By 15th February each year every faculty member will complete

and submit to the respective Department chairperson a self-assessment report.

(3) Salary Scale

The Salary Scales for the positions under the Tenure Track System shall be applicable as notified by HEC from time to time.

(4) Retirement Age

The retirement age of the persons on TTS will be as approved and 60 years or as notified by the Syndicate from time to time.

(5) Appeals

Appeals against decisions of various bodies will be made in accordance with the Rules of the University on the subject.

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Schedule “A” Evaluation Proforma

Teacher and Peer evaluation

No. Criteria Number Weight Points

(a) (b) (axb)

1. The Faculty comes well prepared for the class

*

2. The Faculty provides guidance and leadership in student activities

*

3. The Faculty has completed the whole course *

4. The Faculty communicates the subject matter *

Effectively

By Peer Evaluation Committee

1. The course folder indicates a good quality course

*

2. The Faculty has developed new course / updating the courses

*

3. The Faculty contributes towards departmental Development in his field

*

4. The Faculty contributing towards knowledge Development in his field

*

5. The Faculty contributing towards knowledge Development in his field

6. Quality of presentation is excellent in seminar / workshop / conferences etc. with respect to subject contents, organization and communication

*

6. Teaching Load Postgraduate per year

Courses Section

03 01

7. Teaching Load Undergraduate per year

Courses Section

01 04

8. Curriculum Development, New Programme, etc.

Courses Section

01 06

Average of all the respondents based on: 0=Strongly Disagree 2=Somewhat Agree 4= Agree 6=Strongly Agree

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Schedule “B” SCHOLARSHIP RESEARCH AND OTHER CREATIVE WORK

No. Criteria Nos Weight Total Points

(a) (b) (axb)

1. Ph.D. Research Supervisor

Research Project in Progress Indigenous Ph.D. sponsored by HEC or any other funding by external Agency

06

Research Project Completed Indigenous Ph.D. sponsored by HEC or any other funding by external agency

08

2. Faculty Research

Research Project in Progress Indigenous faculty research sponsored by BKU, Charsadda

06

Research Project in Completed Indigenous faculty research sponsored by BKU, Charsadda

08

Research Project in Progress Indigenous faculty research sponsored by HEC, or any other funding by external agency

06

Research Project Completed Indigenous faculty research sponsored by HEC, or any other funding by external agency

08

No. Research Type Status Nos. Weight Total

(a) (b) Points

(axb)

3. Published Books Graduate Single Author Int. 12

Level Nat. 08

Research Two or more Int. 08

Oriented Authors Nat. 04

Book Additional points Int. 03

(Authored) for Main Author Nat. 03

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Additional points Int. 03 for International Publisher

130

Graduate

Single Editor Int. 06

Research Two or more than Int. 04

Oriented two Editors Nat. 02

book

Additional points Int.

02

(Edited)

for main Editor

Additional points Int. 02

for international

Publishers

4. Approved Variety Research Solo Int. 20

Products Nat. 05

Joint Int. 10

Nat. 02

5. Patents Research Solo Int. 20

Products Nat 05

Joint Int. 10

Nat 02

6. Refereed Journals Single Author Int. 12

Nat 04

Two or more Authors Int. 08

Nat 02

Additional points for main Int. 03

Author Nat 01

For current / last year Int. 03

Publication add per Publication Nat 01

7. International Single Author Int. 08

Proceedings / Nat 03

Conference Paper Two or more Authors Int. 05

Nat 01

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Additional points for main Int. 02

Author Nat 01

For current / last year Int. 02

Publication add per Publication Nat 01

8. Award Received International 10

National 05

9. Research Grants Rs. 0.1 M to Rs. 0.99 M 04

Received / Grants

Rs. 1.0 M to Rs. 10 M 08

for Planning and

Development of

advance centers of

learning and

Research

10. Engagement as a

In evaluation of Research 02

Referee Publication in National Journals

In evaluation of Research 04

Publication in international

Journals

11. Engagement as an

In evaluation of M.Sc./ M.Phil. 02

External Examiner

In evaluation of Ph.D. research 04

or REC member

work

12. Conducting On National Level 05

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Technical Seminars

On International Level 08 / Workshops / Conference (organized)

13. Participation in On National Level 02 Technical

Seminars

On International Level 05 / Workshops /

Conference

14. Interaction with Project / Product Design Designer / Int. 08

Industry Planner Nat. 05

(Consultancy and

with

Advisory Services)

original

concept

Designer / Int. 05 Planner Nat. 03 by applying existing concept

Vetting of Design Designer / Int. 03 Planner

by

Nat. 01

applying

existing concept. Feasibility Studies etc.

Total

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Schedule “C”

PERSONAL PROFILE AND SERVICE

No. Criteria No. Weight Points

(a) (b) (axb)

1. Experience (Teaching, Research, Industrial, 01 Administrative, within the country (years)

2. Experience (Teaching, Research, Industrial, 03 Administrative), outside the country (years)

3. Dean of Faculty (years) 03

4. Chairperson of Department, Dir. Advance Studies and 02

Research, Dir. Teaching, Dir. Institute, Provost, Chief

Editor of Research Journal, Chief Proctor and

Controller of Examinations (years)

5. Member on Syndicate, Selection Board, F & PC 02

(years)

6. Club / Society Head (years) 01

7. Associate Editor of Research Journal, Addl. Dir. 01 Teaching (years)

8. Proctor, Administrative Officer, Sr. Warden, Warden, Assistant Warden (years) 01

Total

Evaluation Procedure:

1. Evaluation is based on 100 scale with following Weightages:

(a) Teaching and Peer Evaluation (b) Scholarship Research and other Creative Work (c) Personal Profiles and Services

2. Score Evaluation

(i) Professor:

Score A x 120 ÷ 30, + Score B x 300 ÷ 60, + Score C x 80 ÷ 10

(ii) Associate Professor: Score A x 90 ÷ 30, + Score B x 200 ÷ 60, + Score C x 60 ÷ 10

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(iii) Assistant Professor:

Score A x 70 ÷ 30, + Score B x 150 ÷ 60, + Score C x 40 ÷ 10

3. Total Score of A + B + C above = ____________ out of 100

ELECTION TO THE SYNDICATE STATUTES, 2015

Title

1. The Statutes framed in pursuance of Section 28(1) (g) of the Khyber

Pakhtunkhwa Universities Act, 2012, shall be called “Election to the

Syndicate Statutes, 2015”.

Commencement


Definitions

3 (i) In the Statutes, unless there is anything repugnant in the subject or

context, the following expressions shall have the meanings hereby,

respectively, assigned to them, that is to say:

(a) “Act” means the Khyber Pakhtunkhwa Act, 2012.


(b) "Appointed date" means a day within the working days of the

University, so fixed by the Election Authority for nominations,

withdrawal and election; or any other day for a particular

objective in connection with the elections;

(c) "Constituency" means a constituency delimited under the Act.

(d) "Election" means election of a member or members of the

University Syndicate

(e) “Election Authority ?? Means authority who conducts and

supervise the elections.

(fe) “Election Tribunal” ??? means Election Tribunal setup by the

SyndicateVice Chancellor.

(eg) "Elector" means a person who is on the electoral list for

purposes of elections to the Syndicate under the Act.

135

(fh) "Election Agent" means an election agent, appointed by a

candidate under Section 28(1) (g) of the Statutes; and where no

such appointment is made, the candidate acts as his own agent.

(gi) "Presiding Officer" and "Assistant Presiding Officer" means

Presiding Officer and Assistant Presiding Officer so appointed

by the Returning Officer.

(hj) "Polling Day" means the day on which the polling is conducted

for the elections.

(ik) "Registrar" means the Registrar of the University, acting as

Election Authority under the Statutes.

(jl) "Returning Officer" means a Returning Officer, so appointed by

the Election Authority, exercising the powers and performing the

functions assigned to him in connection with the elections.

(km) The pronoun "He", used in relation to a faculty member, refers to


(ii) All other expressions shall have the same meanings as are

assigned to them under Section-2 of the Act.

Election Authority

4. The Registrar shall conduct the elections, and deal with all relevant

matters, as the Election Authority of the University and, subject to the

Statutes, regulate his procedure of work.

(i) The Election Authority may require any University

Officer/Teacher or any other University employee to perform

such functions or render such assistance for the purpose of the

Statutes as he may direct.

(ii) The Election Authority shall determine the number of

constituencies for the elections in accordance with the

provisions of the Act.

Elections to Fill Vacancies

5. Once in three two years, elections shall be held on the appointed date

to fill vacancies in the University Syndicate, as provided in the Act and

are required to be filled up by election. In case of any casual vacancy,

a bye-election may be held on the appointed date, for the left over

period.

136

Notice of Election

6. The Election Authority shall by a general notification announce the

programme of elections in various constituencies, showing the

appointed dates for the various stages of the elections, as specified in

Schedule-I to the Statutes;

Provided that the Returning Officer may, with the approval of Election

Authority, make such changes in the schedule of dates as the

circumstances may require.

Appropriate Date in case of a Holiday

7. If any appointed date falls on a holiday, the next working day shall be

considered to be the appropriate date.

Publication of Electoral Lists

8. The Election Authority shall, on the appointed date, publish the

Electoral Lists (as per schedule-II) of the elections by a general

notification, which shall be circulated to Heads of Teaching

Departments and Institutes, and affixed on the University Notice Board

and uploaded on the University website.

Claims and Objections

9. All claims for entry in the aforesaid electoral lists and objections thereto

shall be received by the Election Authority upto an appointed date,

which shall be decided by him within ten days, and the decision so

made shall be notified/ uploaded on the website.

Decision of the Election Authority

10. The Election Authority shall be the Appellate Authority and its decision

in respect of claims and objections shall be final, unless a written

objection thereto is filed within three days.

Decision by Committee

11. If any objection is taken to the decision of the Election Authority, it shall

be decided within three days by a Committee, consisting of four

University teachers, to be appointed by the Vice-Chancellor, one of

whom shall be nominated as the chairperson of the meeting. The

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quorum shall be three, and the decision shall be taken by majority. In

case of a tie, the Chairperson shall have a casting vote.

Correspondence with Electors

12 (i) Correspondence shall be addressed to the Electors by name. The

electoral lists, etc. shall be sent on their official address only. An

Elector shall notify any change in his address to the Election Authority

within the prescribed time.

(ii) Final electoral lists shall be affixed on the University notice

boards and copies thereof dispatched by the Election Authority to the

Chairpersons of the Teaching Departments, Deans of Faculties, and

Directors of Institutes for the information of the Electors.

Qualifications for Voting

13. No person, whose name is not on the electoral list, shall be qualified to

vote, or be elected at any election held under the Statutes, subject to

fulfilment of the conditions prescribed in the Act.

Nomination for Election

14 (i) An Elector of a constituency may propose or second the name of only

one qualified person to be a member of that constituency.

(ii) Every such proposal shall be made by a separate nomination paper on

the prescribed form as given in schedule-III, which shall be signed by

the proposer and the seconder and shall contain a declaration signed

by the candidate that he has consented to the nomination and that he

is not subject to any disqualification for being elected as a member.

(iii) Nominations in excess of the number of vacancies in a constituency

shall invalidate all nominations made by an Elector as proposer or

seconder.

(iv) Every nomination paper shall be delivered personally by the candidate

or his proposer or seconder, to the Returning Officer, so as to reach

him not later than the appointed date.

(v) The Returning Officer shall give serial number to every nomination

paper and record therein the name of the person presenting it and the

date of its receipt.

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(vi) The Returning Officer shall notify a list of nomination papers received

by him, containing particulars of the candidates and names of the

proposers and seconders.

Scrutiny of Nomination Papers

15 (i) On the appointed date the Returning Officer shall scrutinize the

nomination papers received by him. The candidates, their election

agents, proposers or seconders may attend the scrutiny of nomination

papers.

(ii) The Returning Officer shall give the candidates, their election agents,

Seconders and Proposers a reasonable opportunity for examining the

nomination papers; and the objections raised, if any, shall be

considered and decided by him on the spot.

(iii) The Returning Officer shall, after a summary inquiry, if necessary,

reject a nomination paper on any one of the following grounds:

(a) the candidate is not qualified to be elected as a member;

(b) the Proposer or Seconder is not qualified to subscribe to the

nomination papers;

(c) the provisions of the Statutes have not been complied with, or

that the signatures of the Proposer or the Seconder do not seem

to be genuine or are alleged as such;

Provided that the rejection of any nomination paper of a

candidate shall not invalidate his nomination by any other valid

nomination paper;

(d) the Returning Officer Shall not reject a nomination paper on the

grounds of any defect which is not of a substantial nature, and

may allow any such difficulty to be removed forthwith;

(iv) The Returning Officer shall endorse on each nomination paper

his decision about accepting or rejecting it, stating reasons in

case of rejection; and

(v) In case of rejection of a nomination paper, the candidate may

file objections within three days with the Election Authority or to

the Committee appointed under Section-12, whose decision

shall be final.

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Publication of List of Candidates

16 (i) The Returning Officer shall, after scrutiny of the nomination papers,

prepare and publish in the prescribed form (as per schedule-IV) a list of

candidates validly nominated.

(ii) In case the objections against the rejection of a nomination paper are

accepted by the Committee, the Returning Officer shall, accordingly,

revise the list of validly nominated candidates.

Withdrawal of Candidature

17 (i) Any nominated candidate may withdraw his candidature by a notice in

writing, signed by himself and delivered in person, or through his

Election Agent, to the Returning Officer, so as to reach the Returning

Officer on or before the appointed date.

(ii) A notice of withdrawal shall in no circumstances be open to revocation

or cancellation.

(iii) Copies of such notices of withdrawal shall be notified for general

information and a copy placed on the University notice boards.

Un-Contested Election

18. Where, after scrutiny of nomination papers, only one person remains a

validly nominated candidate for election in a constituency, or where

after withdrawal only one person is left as a contesting candidate, the

Returning Officer shall notify such candidate to have been elected un-

opposed, provided no appeal is pending against the rejection of any

nomination paper.

Election Agent

19 (i) The candidate may appoint a person, qualified to be an Elector, to be

his Election Agent in writing to the Returning Officer.

(ii) The appointment of an Election Agent may, at any time, be revoked in

writing by the candidate.

Polling Agent

20 (i) The contesting candidate or his Election Agent may, before the

commencement of the polls, appoint for each Polling Station a Polling

Agent and shall give notice thereof in writing to the Presiding Officer.

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(ii) The appointment of the Polling Agent may be revoked at any time by

the candidate or his Election Agent.

(iii) Where any act or thing is authorized under the Statutes to be done in

the presence of the candidate or any Election or Polling Agent, the

failure of such person to attend shall not invalidate any act or thing

otherwise validly done.

Polling Hours

21. The Returning Officer shall notify the day and hours of polling.

Stopping of the Polling

22 (i) The Presiding Officer of a Polling Station may stop the polling and

inform the Returning Officer that he has done so, if the polling at the

Polling Station is at any time so interrupted and obstructed that it

cannot, in the opinion of the Presiding Officer, be carried on.

(ii) When the polling has been stopped, the Returning Officer shall

immediately report the circumstances to the Election Authority, who

shall direct a fresh poll on a date to be fixed by him. The over-all result

of the polling in a constituency shall not be announced until the results

of the fresh polling are known.

Voting

23 (i) The elections shall be contested by secret ballot, by tendering the

ballot papers by hand, or by post, on the prescribed form (schedule-V).

(ii) Postal ballot papers, on the prescribed form, shall be issued 30 days

before the election date by the Returning Officer, under registered

cover with acknowledgement due.

(iii) Ballot papers shall be issued, after identification and comparison with

the Electoral list, to the satisfaction of the Returning Officer, in case of

postal ballot, or the Presiding Officer at the polling stations.

(iv) Any ballot paper, bearing cutting, scratching or over-writing, or which

does not bear the official mark, shall be rejected as invalid.

(v) If an Elector, who has inadvertently spoiled the ballot paper or the

declaration form, requests for the issue of a duplicate ballot paper, the

Returning or Presiding Officer may, after satisfying himself, issue him

another ballot paper or declaration form. The spoiled ballot paper and

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declaration form (schedule-VI), together with their counterfoils, shall be

marked as duplicate.

Counting of Votes

24 (i) On the conclusion of polling, the Presiding Officer shall record the

number of votes polled for contesting candidates and note down the

total number of votes casted and rejected, and strike the balance.

(ii) The candidate or his Polling or Election Agent shall be allowed to be

present at the time of counting of votes.

Declaration of Results

25 (i) The candidate(s) who get(s) the highest number of valid votes shall be

reported by the Presiding Officer(s) to the Returning Officer for total

counting, including postal ballots, in the presence of the candidate(s) or

his/their Election Agent(s), and notifying the name(s) of successful

candidate(s).

(ii) In case of equality of votes between two or more candidates, the

Returning Officer shall cast Votes in the presence of the contesting

candidates or their agents, and obtain signatures of such persons as

having been witnesses to the proceedings.

(iii) If any candidate, Election Agent or Polling Agent objects to the

counting, and the objection is reasonable, in the opinion of the

Presiding Officer, he may order recounting of votes in the presence of

the persons.

Election Tribunal

26 (i) In case of dispute(s) in elections, all petitions shall be addressed,

within three days of the declaration of the results, to the Election

Tribunal, consisting of the nominee of Chief Justice of High Court,

appointed as a member of the Syndicate, who shall act as

Chairperson; the Secretary as member of the Syndicate, and a

nominee of the Vice-Chancellor.

(ii) The Election Tribunal may examine the petitioner(s) and other

candidates and also examine the records of election and, upon the

conclusion, make an order:

(a) rejecting the petition;

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(b) declaring the election of the returned candidate void, or/and

declaring the petitioner or other contesting candidate(s) to have

been duly elected, or

(c) declaring the election as a whole void.

(iii) The decision of the Election Tribunal shall be final and binding on all

parties to the dispute(s).

Custody of Election Record

27. The Returning Officer shall retain, until the expiry of three months from

the date of election, or the decision of Election Tribunal, as the case

may be, all the papers connected with the election.

Framing of Rules

28. For carrying into effect the purpose of the Statutes, rules may be

framed, if necessary, with the approval of the Syndicate.

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SCHEDULE – I

The University, -

Schedule of Dates

The dates given below may be changed by the Returning Officer as the

circumstances may require:-

Schedule Date

1. Publication of electoral lists ………………………………………………….

2. Claims for and objections to entries in the electoral lists …………………

3. Publication of final electoral lists ……………………………………………

4. Notification of Election Schedule ……………………………………………

5. Receipt of nomination papers ………………………………………………

6. Scrutiny of nomination papers………………………………………………

7. Publication of lists of validly nominated candidates ………………………

8. Withdrawal of nominations ………………………………………………….

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9. Objections/Claims against rejection of nominations...................................

10. Publication of lists of contesting candidates ………………………………

11. Issue of ballot papers in case of ballot by post ……………………………

12. Elections …………………………………………………………………….

13. Announcement of election results in the prescribed form ………………

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SCHEDULE – II

University, -

(List of Contesting Candidates)

Election to the Syndicate for the period

from....………………to ................

For the Constituency of..........................................…………………………………

S. No. Name of the Contesting Candidates in Alphabetical Order

Designation of the Contesting Candidates

Notice is hereby given that the poll shall be taken between the

hours of ...………….... to.……………………..... on (date)

....…………..………. at (Place) …………………...…

Dated ………….. Returning

Officer

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SCHEDULE – III

The University, -

NOMINATION FORM

(To be Filled in by The Proposer)

Election to the Constituency of

………………………………………………….……………

I, ……………………………. (Name of the Proposer), registered as an

elector at serial No …………., in the electoral list, do hereby propose the

name of ……………………………., at serial No......…….., in the electoral list,

for the Constituency of ………………………………

Dated ………………….. Signature of Proposer

(To be Filled in by the Seconder)

I, ………………………. (Name of the seconder), registered as an

elector at serial No.......in the electoral list, do hereby second the nomination

of ………………………………., at serial No………, in the electoral list, for

Constituency of ……………………………………….

Dated ………………….. Signature of

Seconder.

(To be Filled by the Person Nominated)

D E C L A R A T I O N

I, …………………son/daughter/wife of …………………….. registered

as an elector at serial No……….., in the electoral list for the Constituency of

………………………., do hereby declare that I have consented to the above

mentioned nomination and that I am not subject to any disqualification for

being elected as a member.

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Signature of the Person Nominated Dated

…………………….

(To be Filled by Returning Officer)

Serial number of nomination paper ………………… This nomination

paper was delivered to me at my office at …………….. (hours) on

……………….. (date) by ………………………. being the

candidate/proposer/seconder.

Dated ……………………. Returning

Officer

(Decision of Returning Officer accepting or rejecting the nomination paper on the day

fixed for scrutiny).

I have examined this nomination paper in accordance with the provision of the

Section …………….. “theAct.” Election Statutes, and decide as follows.

(in case of rejection, state brief reasons)


Officer

148

List of Validly Nominated Candidates

Election to the Syndicate for the period from …………… to ……………... For

the Constituency of

…………………………………………………………………………...

S. No. Name of Candidates Designation Present Postal Address

of the Candidate

Place: …………………………

Dated: ………………………..

Returning Officer

149

SCHEDULE – V

Secret Ballot Paper

For the Constituency of………………………………………………

S. No. Name of the Candidates Put a Cross against Choice

Candidate

150

SCHEDULE - VI

Declaration by Elector Casting Vote by Post

I hereby declare that I am the elector at serial No. ……………. to whom

the postal ballot paper serial number ……………… has been issued for the

above election.

Signature of Elector

Dated: ………….. Address ………………………..

(Attestation of Signature)

The above has been signed in my presence by

…………………………... who is personally known to me/has been identified to

me to my satisfaction by

…………………………………………………………………….. (identifier) who is

personally known to me.

Signature of Identifier

Any ……………………..

Designation ……………

Dated ……………. Address ………………..

Certificate

I hereby certify that :-

1. The above named elector is personally known to me/has been identified to my satisfaction by ……………………… (identifier) who is personally known to me;

2. I am satisfied that the elector suffers from ……………………….. (infirmity) and is unable to record his vote himself or sign his declaration;

3. I was requested by him to mark the ballot paper and sign the above declaration on his behalf; and

4. The ballot paper was marked and the declaration signed by me on his behalf, in his presence and in accordance with his wishes.

Signature of identifier, if any

………………………………………………………… Address

………………………………………………………………………………..

151

Signature of Attesting Officer

Designation ……………………

Dated ………………… Address

………………………..

152

ELECTION TO THE SENATE STATUTES, 2015

Title

1. The Statutes framed in pursuance of Section 28(1) (g) of the Khyber Pakhtunkhwa Universities Act, 2012, shall be called “Election to the Senate Statutes, 2015”.

Commencement


Definitions

3 (i) In the Statutes, unless there is anything repugnant in the subject or

context, the following expressions shall have the meanings hereby,

respectively, assigned to them, that is to say:


(b) "Appointed date" means a day within the working days of the

University, so fixed by the Election Authority for nominations,

withdrawal and election; or any other day for a particular

objective in connection with the elections;

(c) "Constituency" means a constituency delimited under the Act.

(d) "Election" means election of a member or members of the

University Senate.

(e) "Elector" means a person who is on the electoral list for

purposes of elections to the Senate under the Act.

(e) “Election authority” ?? means the authority that conducts

election

(f) "Election Agent" means an election agent, appointed by a

candidate under Section 28(1) (g) of the Statutes; and where no

such appointment is made, the candidate acts as his own agent.

(g) "Presiding Officer" and "Assistant Presiding Officer" means

Presiding Officer and Assistant Presiding Officer so appointed

by the Returning Officer.

(h) "Polling Day" means the day on which the polling is

conducted for the elections.

153

(i) "Registrar" means the Registrar of the University, acting as

Election Authority under the Statutes.

(j) "Returning Officer" means a Returning Officer, so appointed by

the Election Authority, exercising the powers and performing the

functions assigned to him in connection with the elections.

(k) The pronoun "He", used in relation to a faculty member, refers to


(ii) All other expressions shall have the same meanings as are assigned to

them under Section-2 of the Act.

Election Authority

4. The Registrar shall conduct the elections, and deal with all other

relevant matters, as the Election Authority of the University and,

subject to the Statutes, regulate his own procedure of work.

(i) The Registrar may require any University Officer/Teacher or any

other University employee to perform such functions or render

such assistance for the purpose of the Statutes as he may

direct.

(ii) The Registrar shall determine the number of constituencies for

the elections in accordance with the provisions of the Act.

Elections to Fill Vacancies

5. Once in three two years, elections shall be held on the appointed date

to fill vacancies in the University Senate, as provided in the Act and are

required to be filled up by election. In case of any casual vacancy, a

bye-election may be held on the appointed date, for the left over

period.

Notice of Election

6. The Election Authority shall by a general notification announce the

programme of elections in the various constituencies, showing the

appointed dates for the various stages of the elections, as specified in

Schedule-I to the Statutes;

Provided that the Returning Officer may, with the approval of Election

Authority, make such changes in the schedule of dates as the

circumstances may require.

154

Appropriate Date in Case of a Holiday

7. If any appointed date falls on a holiday, the next working day shall be

considered to be the appropriate date.

Publication of Electoral Lists

8. The Election Authority shall, on the appointed date, publish the

Electoral Lists (as per Schedule-II) of the elections by a general

notification, which shall be circulated to Heads of Teaching

Departments and Institutes, and affixed on the University Notice Board.

A copy of any such list can be had, on demand, subject to availability in

stock, on payment of Rs.100.

Claims and Objections

9. All claims for entry in the aforesaid Electoral Lists and objections

thereto shall be received by the Election Authority upto an appointed

date, which shall be decided by him within ten days, and the decision

so made shall be notified.

Decision of the Election Authority

10. The Election Authority shall be the Revising Authority and its decision

in respect of claims and objections shall be final, unless a written

objection thereto is filed within three days.

Decision by Committee

11. If any objection is taken to the decision of the Election Authority, it shall

be decided within three days by a Committee, consisting of four

University teachers, to be appointed by the Vice-Chancellor, one of

whom shall be nominated as the Chairperson of the meeting. The

quorum shall be three, and the decision shall be taken by the majority.

In case of a tie, the Chairperson shall have a casting vote.

Correspondence With Electors

12 (i) All correspondence shall be addressed to the Electors by name. The

Electoral Lists, etc. shall be sent on their official address only. An

Elector shall notify any change in his address to the Election Authority

within the prescribed time.

155

(ii) Final Electoral Lists shall be affixed on the University Notice Board and

copies thereof dispatched by the Election Authority to the Chairmen of

the Teaching Departments, Deans of Faculties, and Directors of

Institutes for the information of the Electors.

Qualifications for Voting

13. No person, whose name is not on the Electoral List, shall be qualified

to vote, or be elected at any election held under the Statutes, unless he

fulfills the conditions prescribed in the Act.

Nomination for Election

14 (i) Any Elector of a constituency may propose or second the name of only

one qualified person to be a member of that constituency.

(ii) Every such proposal shall be made by a separate nomination paper in

the prescribed form as given in Schedule-III, which shall be signed by

the Proposer and the Seconder and shall contain a declaration signed

by the candidate that he has consented to the nomination and that he

is not subject to any disqualification for being elected as a member.

(iii) Nominations in excess of the number of vacancies in a constituency

shall invalidate all nominations made by an Elector as Proposer or

Seconder.

(iv) Every nomination paper shall be delivered personally by the candidate

or his Proposer or Seconder, to the Returning Officer, so as to reach

him not later than the appointed date.

(v) The Returning Officer shall give serial number to every nomination

paper and record therein the name of the person presenting it and the

date of its receipt.

(vi) The Returning Officer shall notify a list of nomination papers received

by him, containing particulars of the candidates and names of the

Proposers and Seconders.

Scrutiny of Nomination Papers

15 (i) On the appointed date the Returning Officer shall scrutinize the

nomination papers received by him. The Candidates, their Election

Agents, their Proposers or Seconders may attend the scrutiny of

nomination papers.

156

(ii) The Returning Officer shall give the Candidates, their Election Agents,

Seconders and Proposers a reasonable opportunity for examining the

nomination papers; and the objections raised, if any, shall be

considered and decided by him on the spot.

(iii) The Returning Officer shall, after a summary enquiry, if necessary,

reject a nomination paper on any one of the following grounds:

(a) the candidate is not qualified to be elected as a member;

(b) the Proposer or Seconder is not qualified to subscribe to the

nomination papers;

(c) the provisions of the Statutes have not been complied with, or

that the signatures of the Proposer or the Seconder do not seem

to be genuine or are alleged as such;

Provided that the rejection of any nomination paper of a

candidate shall not invalidate his nomination by any other valid

nomination paper.

(d) the Returning Officer shall not reject a nomination paper on the

ground of any defect which is not of a substantial nature, and

may allow any such difficulty to be removed forthwith.

(iv) The Returning Officer shall endorse on each nomination paper his

decision about accepting or rejecting it, stating reasons in case of

rejection.

(v) In case of rejection of a nomination paper, the candidate may file

objections within three days to the Election Authority or to the

Committee appointed under Section-12, whose decision shall be final.

Publication of List of Candidates

16 (i) The Returning Officer shall, after scrutiny of the nomination papers,

prepare and publish in the prescribed form (as per Schedule-IV) a list

of candidates validly nominated.

(ii) In case the objections against the rejection of a nomination paper are

accepted by the Committee, the Returning Officer shall, accordingly,

revise the list of validly nominated candidates.

Withdrawal of Candidature

17 (i) Any nominated candidate may withdraw his candidature by a notice in

writing, signed by himself and delivered in person, or through his

157

Election Agent, to the Returning Officer, so as to reach the Returning

Officer on or before the appointed date.

(ii) A notice of withdrawal shall in no circumstances be open to revocation

or cancellation.

(iii) Copies of such notices of withdrawal shall be notified for general

information and a copy placed on the University Notice Board.

Un-Contested Election

18. Where, after scrutiny of nomination papers, only one person remains a

validly nominated candidate for election in a constituency, or where

after withdrawal only one person is left as a contesting candidate, the

Returning Officer shall notify such candidate to have been elected un-

opposed, provided no appeal is pending against the rejection of any

nomination paper.

Election Agent

19 (i) The candidate may appoint a person, qualified to be an Elector, to be

his Election Agent under intimation in writing to the Returning Officer.

(ii) The appointment of an Election Agent may, at any time, be revoked in

writing by the candidate.

Polling Agent

20 (i) The contesting candidate or his Election Agent may, before the

commencement of the poll, appoint for each Polling Station a Polling

Agent and shall give notice thereof in writing to the Presiding Officer.

(ii) The appointment of the Polling Agent may be revoked at any time by

the candidate or his Election Agent.

(iii) Where any act or thing is authorized under the Statutes to be done in

the presence of the candidate or any Election or Polling Agent, the

failure of such person to attend shall not invalidate any act or thing

otherwise validly done.

Polling Hours

21. The Returning Officer shall notify the day and hours of polling.

158

Stopping of the Poll

22 (i) The Presiding Officer of a Polling Station may stop the poll and inform

the Returning Officer that he has done so, if the polling at the Polling

Station is at any time so interrupted and obstructed that it cannot, in the

opinion of the Presiding Officer, be carried on.

(ii) When the polling has been stopped, the Returning Officer shall

immediately report the circumstances to the Election Authority, who

shall direct a fresh poll of that Polling Station on a date to be fixed by

him. The over-all result of the polling in a constituency shall not be

announced until the results of the fresh polling at this polling station are

known.

Voting

23 (i) The elections shall be contested by secret ballot, by tendering the

ballot papers by hand, or by post, in the prescribed form (given at

Schedule-V).

(ii) Postal ballot papers, in the prescribed form, shall be issued 30 days

before the election date by the Returning Officer, under registered

cover.

(iii) Ballot papers shall be issued, after identification and comparison with

the Electoral list, to the satisfaction of the Returning Officer, in case of

postal ballot, or the Presiding Officer at the Polling Stations.

(iv) Any ballot paper, bearing a cutting, scratching or over-writing, or which

does not bear the official mark, shall be rejected as invalid.

(v) If an Elector, who has inadvertently spoiled the ballot paper or the

declaration form, requests for the issue of a duplicate ballot paper, the

Returning or Presiding Officer may, after satisfying himself, issue him

another ballot paper or declaration form. The spoiled ballot paper and

declaration form (Schedule-VI), together with their counterfoils, shall be

marked as duplicate.

Counting of Votes

24 (i) On the conclusion of polling, the Presiding Officer shall record the

number of votes polled by the contesting candidates and note down the

total number of votes cast and total number of votes rejected, and

strike the balance.

159

(ii) The candidate or his Polling or Election Agent shall be allowed to be

present at the time of counting of votes.

Declaration of Results

25 (i) The candidate(s) who get(s) the highest number of valid votes shall be

reported by the Presiding Officer(s) to the Returning Officer for total

counting, including postal ballots, in the presence of the candidate(s) or

his/their Election Agent(s), and notifying the name(s) of successful

candidate(s).

(ii) In case of equality of votes between two or more candidates, the

Returning Officer shall cast lots in the presence of the contesting

candidates or their agents, and obtain signatures of such persons as

having been witnesses to the proceedings.

(iii) If any candidate, Election Agent or Polling Agent objects to the

counting, and the objection is reasonable, in the opinion of the

Presiding Officer, he may order recounting of votes in the presence of

the persons.

Election Tribunal

26 (i) In case of disputes in elections, all petitions shall be addressed, within

three days of the declaration of the results, to the Election Tribunal,

consisting of the nominee of Chief Justice of Peshawar High Court,

appointed as a member of the Senate, who shall act as Chairperson

; then higher education/ relevant department Secretary as member of

the Senate, and a nominee of the Vice-Chancellor.

(ii) The Election Tribunal may examine the petitioner and other candidates

and also examine the records of election and, upon the conclusion,

make an order:

(a) rejecting the petition;

(b) declaring the election of the returned candidate void, or/and

declaring the petitioner or other contesting candidate(s) to have

been duly elected, or

(c) declaring the election as a whole void.

(iii) The decision of the Election Tribunal shall be final and binding on all

parties to the dispute.

160

Custody of Election Record

27. The Returning Officer shall retain, until the expiry of 3 months from the

date of election, or the decision of Election Tribunal, as the case may

be, all the papers connected with the election.

Framing of Rules

28. For carrying into effect the purpose of the Statutes, necessary rules

may be framed, if necessary, with the approval of the Senate.

161

SCHEDULE – I

The University, -,

Schedule of Dates

The dates given below may be changed by the Returning Officer as the

circumstances may require:-

Schedule Date

1. Publication of electoral lists ………………………………………………….

2. Claims for and objections to entries in the electoral lists …………………

3. Publication of final electoral lists ……………………………………………

4. Notification of Election Schedule ……………………………………………

5. Receipt of nomination papers ………………………………………………

6. Scrutiny of nomination papers………………………………………………

7. Publication of lists of validly nominated candidates ………………………

8. Withdrawal of nominations ………………………………………………….

9. Objections/Claims against rejection of nominations...................................

162

10. Publication of lists of contesting candidates ………………………………

11. Issue of ballot papers in case of ballot by post ……………………………

12. Elections …………………………………………………………………….

13. Announcement of election results in the prescribed form ………………

163

SCHEDULE - II

University .

(List of Contesting Candidates).

Election to the Senate for the period

from....………………to ................

For the Constituency of..........................................…………………………………

S. No.

Name of the Contesting candidates in Alphabetical Order

Designation of the Contesting Candidates

Notice is hereby given that the poll shall be taken between the

hours of ...………….... to.……………………..... on (date)

....…………..………. at (Place) …………………...…

Returning Officer

Dated …………..

164

SCHEDULE - III

The University ;

NOMINATION FORM

(To be Filled in by The Proposer)

Election to the Constituency of

………………………………………………….……………

I, ……………………………. (Name of the Proposer), registered as an

elector at serial No …………., in the electoral list, do hereby propose the

name of ……………………………., at serial No......…….., in the electoral list,

for the Constituency of ………………………………

Dated ………………….. Signature of Proposer.

(To be Filled in by the Seconder)

I, ………………………. (Name of the seconder), registered as an

elector at serial No.......in the electoral list, do hereby second the nomination

of ………………………………., at serial No………, in the electoral list, for

Constituency of ……………………………………….

Dated ………………….. Signature of

Seconder.

(To be Filled by the Person Nominated)

D E C L A R A T I O N

I, …………………son/daughter/wife of …………………….. registered

as an elector at serial No……….., in the electoral list for the Constituency of

………………………., do hereby declare that I have consented to the above

mentioned nomination and that I am not subject to any disqualification for

being elected as a member.

Signature of the Person

Dated ……………………. Nominated.

165

(To be Filled by Returning Officer)

Serial number of nomination paper ………………… This nomination paper

was delivered to me at my office at …………….. (hours) on ………………..

(date) by ………………………. being the candidate/proposer/seconder.


Officer

(Decision of Returning Officer accepting or rejecting the nomination paper on the day

fixed for scrutiny).

I have examined this nomination paper in accordance with the provision of the

Section …………….. “the Act.” Election Statutes, and decide as follows.

…………………………………………………………………………………………

………………..…

(in case of rejection, state brief reasons)


Officer

166

SCHEDULE - IV

The University ;

List of Validly Nominated Candidates

Election to the Senate for the period from …………… to ……………... For the

Constituency of

…………………………………………………………………………..

.

S.No. Name of Candidate Designation

Place: …………………………

Dated: ……………………….. Returning

Officer

167

SCHEDULE - V

Secret Ballot Paper

For the Constituency of

………………………………………………………

S.No. Name of

Candidates

Put a Cross against Choice

Candidate

168

SCHEDULE - VI

Declaration by Elector Casting Vote by Post

I hereby declare that I am the elector at serial No. ……………. to whom

the postal ballot paper serial number ……………… has been issued for the

above election.

Signature of Elector

Dated: ………….. Address ………………………..

(Attestation of Signature)

The above has been signed in my presence by

…………………………... who is personally known to me/has been identified to

me to my satisfaction by …………………………………………………………..

(Identifier) who is personally known to me.

Signature of Identifier

Any ……………………..

Designation ……………

Dated ……………. Address ………………..

Certificate

I hereby certify that :-

1. The above named elector is personally known to me/has been identified to my satisfaction by ……………………… (identifier) who is personally known to me;

2. I am satisfied that the elector suffers from ……………………….. (infirmity) and is unable to record his vote himself or sign his declaration;

3. I was requested by him to mark the ballot paper and sign the above declaration on his behalf; and

4. The ballot paper was marked and the declaration signed by me on his behalf, in his presence and in accordance with his wishes.

Signature of identifier, if any

………………………………………………………… Address

………………………………………………………………………………..

169

Signature of Attesting Officer

Designation ……………………

Dated ………………… Address

………………………..

170

ADMISSION OF EDUCATIONAL INSTITUTIONS TO THE PRIVILEGES OF

THE UNIVERSITY AND WITHDRAWAL OF SUCH PRIVILEGES

STATUTES, 2015

Title

1. The Statutes framed in pursuance of Section 28 (1) (h) of the Khyber

Pakhtunkhwa Universities Act, 2012, shall be called “Admission of

Educational Institutions to the Privileges of the University and

Withdrawal of Such Privileges Statutes, 2015”.

Commencement


Application

3. The Statutes shall apply to all Agricultural and Livestock Colleges/

Institutions of the Khyber Pakhtunkhwa Province within its jurisdiction

as prescribed in Section 4 of the Act reproduced as follows:-

The University shall exercise the powers conferred on it by or under the

Act within the territorial limits or technical limits, as the case may be,

shall be notified by Government from time to time:

Provided that Government may, by general or special order, modify

scope of the aforesaid powers of the University with regards to the

territorial limits or technical limits:

Provided further that the University may admit to its privileges, under

prescribed conditions, colleges or postgraduate institutions, within the

territorial limits of other University, whether inside or outside Pakistan;

provided that the consent of such other University is first obtained.

Definitions


expressions shall have the meanings hereby respectively assigned to

them as under:



171

(b) “Syndicate” means Syndicate of The University.

(c) “Vice-Chancellor” means the Vice-Chancellor of The University.

(d) "Authority" means an authority, which exercise its powers to

allow admission to Agricultural and Livestock Colleges and

Institutions of the Khyber Pakhtunkhwa Province to the

privileges of the University under the Statutes.

(e) "Institutes/Colleges" means Agricultural and Livestock Colleges

and Institutions of the Khyber Pakhtunkhwa Province to whom

the Statutes apply in terms of Statute 3 above.

(f) "Prescribed" means prescribed by the Statutes, Regulations and

Rules made under the Act.

(g) “HEC” means the Higher Education Commission Islamabad.

(h) “HEAL” means the Higher Education, Archives and Libraries


(i) “Admission Committee” means the Committee constituted by the

Syndicate to guide the University regarding Admission of

Educational Institutions such as Agricultural and Livestock

Colleges and Institutions of the Khyber Pakhtunkhwa Province.

(j) “Inspection Committee” means the Committee executing

inspection of the Agricultural and Livestock Colleges and

Institutions of the Khyber Pakhtunkhwa Province.

(l) “Institution/College” means Institutions and Colleges of the

Khyber Pakhtunkhwa Province seeking Admission to the

privileges of The University, -.

(m) “Principal/ Director” mean the Head of the Agricultural and

Livestock College and Institution of the Khyber Pakhtunkhwa

Province.

(n) “Programme” means the Course of Study, which culminates in

the final award of degree.

(o) All other terms and expressions shall have the same meanings


5. Legal formalities

i) The ownership of the institution shall vest in the Government of

Khyber Pakhtunkhwa Agricultural & Livestock Colleges/

Institutions.

172

ii) Educational Institutions/Colleges seeking Admission to the

privileges of the University, shall secure prior consent of the

University of its

territorial jurisdiction as well as of the Provincial Education

Department of Khyber Pakhtunkhwa Province.

iii) The Territorial limits of the University shall extend to ……….of

Khyber Pakhtunkhwa Province.

6. Application for Admission to the Privileges of the University:

An institution/college applying for Admission to the privileges of

the University shall submit an application to Director

Teaching/Secretary Admission Committee of the University on

prescribed form (Annex-I), at least eight months prior to the date

from which Admission is sought, with sufficient time prior to

commencement of academic programme of the University.

Procedure for disposal of Admission application shall be as

follows:-

a) An educational institution applying for Admission to the

privileges of the University shall send a formal application to the

Director Teaching/Secretary Admission Committee, along with

application fee as determined by the Syndicate from time to

time.

b) On receipt of application, the Admission Committee shall

examine the information contained therein as well as the

statements submitted along with the original application.

c) If the Admission Committee is satisfied with these replies and

the

statements, it may, with the approval of Vice Chancellor, send

an

Inspection Committee to visit the institution concerned to satisfy

itself that the prescribed requirements have been actually and

physically fulfilled.

d) If the Inspection Committee is satisfied that the prescribed

requirements have been fulfilled, it may recommend grant of

Admission of the institution to the Admission Committee.

173

e) The Admission Committee after further inquiry, which might be

considered necessary, forwards its final recommendations to the

Syndicate.

f) After approval of Admission by the Syndicate, the admitted

Agricultural & Livestock College/ Institution shall deposit

Admission fee for each of the programme. The educational

institutions Admitted to the University shall be governed by the

relevant regulations & rules framed by the

University from time to time through its competent fora.

7. Powers of the University

The University shall have the powers vested in it by Section 6 (xvi) of

the Act.” to accept the examinations passed and the period of study








time to time.

174

ESTABLISHMENT OF FACULTIES, TEACHING DEPARTMENTS,

CONSTITUENT INSTITUTIONS, CONSTITUENT COLLEGES,

CONSTITUENT SCHOOLS AND OTHER ACADEMIC DIVISIONS

STATUTES, 2015

Title

1. The Statutes framed in pursuance of Section 28 (1) (i) read with

Section 3 (b), Section 6 (xxii) and Section 25 (2) (c) of the Khyber

Pakhtunkhwa Universities Act, 2012 “Establishment of Faculties,

Teaching Departments, Constituent Institutions, Constituent Colleges

and Other Academic Divisions Statutes, 2015”.

Commencement


Application

3. The Statutes shall apply to the Faculties, Teaching Departments,

Constituent Institutions, Constituent Colleges and Other Academic

Divisions of the University as defined in Section 25 (2) (c) of “the Act”.

Definitions



them as under:

(a) “Act” means Khyber Pakhtunkhwa Universities Act, 2012.

(b) "University" means The University.

(c) “Senate” means Senate of The University.

(d) “Syndicate” means Syndicate of The University.

(e) “Vice-Chancellor” means the Vice-Chancellor of The University.

(f) "Authority" means an authority, which exercises its powers

under Section 25 (2) (c) of “the Act” to propose to the Syndicate

the constitution of Faculties, Teaching Departments, Constituent

Institutions, Constituent Colleges and Other Academic Divisions.

(g) " Faculties, Teaching Departments, Constituent Institutions,

Constituent Colleges” means Faculties, Teaching Departments,

Constituent Institutions, Constituent Colleges and Other

175

Academic Divisions of The University respectively to whom the

Statutes apply in terms of Statute 3 above.

(h) "Prescribed" means prescribed by the Statutes, Regulations and

Rules made under.

(i) “Dean, Chairperson /Director/Principal” mean the Head of a

Faculty, Teaching Department/ Institute or Head of

Department/Principal of Constituent Institutions, Constituent

Colleges and Other Academic Divisions of The University.

(j) All other terms and expressions shall have the same meanings


5. Faculties

The University shall include the following Faculties:

a. The Faculty of ???

b. The Faculty of ???

c. The Faculty of ??

d. The Faculty of ??

e. The Faculty of ??

f. The Faculty of ??

g. Such other Faculties as may be prescribed by Statutes.

6. Teaching Departments/ Institutes/ Constituent colleges

S.No. Name of Teaching Departments/ Institutes/

Constituent colleges.

1

2

3

4

5

6

7

8

176

9

10

11

12

13

14

15

16

17

18

7. The Syndicate may from time to time, on recommendation of the

Academic Council approve establishment of some other

faculties/Departments/Institutes and constituent

Institutes/Colleges/Schools in the University, and its Sub-Campuses

when needed.

Powers of the University

8. The University shall have the powers vested in it by Section 6 (xvi) of

the Act to accept the examinations passed and the period of study




Regulations and Rules

9. Under provision of Section 2 (o) & (v), Section 29 and 31 of the Act,



time to time.

177

POWERS AND DUTIES OF OFFICERS AND TEACHERS STATUTES, 2015

Title

1. The Statutes framed in pursuance of Section 28 (1) (j) read with

Section 17 of the Khyber Pakhtunkhwa Universities Act, 2012, shall be

called “University Powers and Duties of Officers and Teachers

Statutes, 2015”.

Commencement


Application

3. The Statutes shall apply to all Officers and Teachers of the University

under Section 2 (o), Section 11, 12, 14, 15 and 17 of the Act.

Definitions



them as under:-



(b) “Senate” means Senate of The University.

(c) “Syndicate” means Syndicate of The University.

(d) “Vice-Chancellor” means the Vice-Chancellor of the University.

(e) "Authority" means in pursuance of Section 23 (2) (o) of the Act

ibid, the Syndicate which shall exercise its power to prescribe

the duties of Officers, Teachers and other employees of the

University.

(f) “The Powers and Duties of Officers and Teachers” means the

Powers and duties of Officers and Teachers respectively

assigned to them under Section 11, 12, 14, 15 and 17 of the Act

and those assigned to them by the Syndicate under the power

vested in it under Section 23 (o) of the Act ibid.

(g) "Officers and Teachers” means Officers and Teachers of The

University respectively to whom the Statutes apply in terms of

Statute 3 above and Section 2 (o), Section 11, 12, 14, 15 and 17

of the Act.

178

(h) "Prescribed" means prescribed by the Statutes, Regulations and

Rules made under the Act or the Syndicate or Senate of the

University as the case may be.

(i) “Terms & Conditions of Service” means respectively The terms

and conditions of service of the Officers and Teachers as

assigned to them under Section 11, 12, 14, 15 and 17 of the Act

and those prescribed in the relevant Statutes made under

Section 28 (1) (d) of the Act ibid.

(j) All other terms and expressions shall have the same meanings


List of Officers

5. The list of Officers & Teachers shall be the same as mentioned in

Section 8 of the Act reproduced as follows:-

Officers of the University.---The following shall be the officers of the

University, namely:

(a) the Chancellor;

(b) the Pro-Chancellor;

(c) the Vice-Chancellor;

(d) the Deans;

(e) the Directors;

(f) the Chairpersons;

(g) the Registrar;

(h) the Treasurer;

(i) the Controller of Examinations;

(j) the Provost;

(k) the Principals of constituent colleges;

(l) the Librarian; and

(m) such other persons as may be prescribed to be officers of the

University.

Other Officers including Section 5 (m) of the Universities Act 2012.

6. Subject to the provisions of the Act the terms and conditions of

service and powers and duties of other officers of the University shall

be such as may be prescribed by the relevant Statutes.

179

7. The power and duties of the Chancellor, Pro-Chancellor, Vice Chancellor, Registrar, Treasurer, Controller of Examination and Treasurer shall be the same as has been defined under Section 9, 10, 11, 12, 14, 15 and 17 of the Act.

The power and duties of other officers and Teachers shall be as follows:-

1. Dean of Faculty

i. There shall be a Dean of each Faculty who shall be appointed by the Chancellor from amongst the three most senior Professors in the Faculty.

ii. The Dean shall be the Chairperson and convener of the Board of Faculty and shall hold office for three years.

iii. The Dean shall present candidates for admission to degree except honorary degrees, in the courses falling within the purview of the Faculty.

iv. The Dean shall exercise such other powers and perform such other duties as may be prescribed.

v. In the absence of Dean from the office, the Vice Chancellor shall hold charge of the office of the Dean of Faculty.

2. Chairperson / Director of Institute

i. There shall be a Teaching Department/ Institute for each subject or group of subject, as may be prescribed by Regulations and each Teaching Department/ Institute shall be headed by a Chairperson / Director of Institute.

ii. The Chairperson of a Teaching Department or the Director of an Institute shall be appointed by the Syndicate on the recommendations of the Vice Chancellor from amongst the three most senior Professors and Associate Professors of the Department/ Institute for a period of three years:

iii. Provided that in Department/Institute in which there is no Professor or Associate Professor, the Department shall be looked after by the Dean of the Faculty with the help and assistance of the most senior teacher of the Department.

iv. The Chairperson of the Department shall plan, organize and supervise the work of the Department and shall be responsible to the Dean for the work of this Department.

v. If the Vice Chancellor considers that the Chairperson of the Department/ Director of Institute is not functioning correctly, he may under the power vested in him under Section 11 (1) & (2)

180

shall have all powers to insure and promote the general efficiency and good order of the University.

vi. In the absence of the Chairperson of the Department/ Director of Institute, the Dean shall hold charge of the respective office and if Dean is not available, the Vice-Chancellor shall hold its charge.

3. The Provost

Under provision of Section 8 (j) of the Act, the Provost shall be a

full time Officer (BS-20).

The Power and duties of the Provost. He shall be:

i. shall be the Incharge of the Provost Set-up.

ii. shall be member of the University Discipline Committee and institutional Discipline Committee.

iii. shall be the Chairperson of Students Affairs and shall maintain students discipline in the University with the help of Proctors.

iv. shall maintain Hostels Management with the help of Wardens and relevant staff.

v. shall deal cases of students pertaining to the Police and Courts.

vi. shall propose plan for future need of Hostels etc. for students and staff members.

vii. shall also functions to:

a. deal with all inter-institute cases of indiscipline in the University;

b. propose regulations relating to the conduct of University students, maintenance of discipline and action for breach of discipline to the Vice-Chancellor; and to

c. perform such other functions as may be prescribed by regulations.

4. The Principals of constituent colleges;

There shall be a Principal of each constituent college of the

University who shall be appointed on such terms & conditions

of service as may be prescribed.

181

a. The Principal shall be responsible for the whole management of the College;

b. shall organize courses of studies for the students;

c. shall maintain discipline in the college.

d. shall plan and organize schedules of examinations

e. shall plan and organize admission of students to various classes.

f. shall maintain financial management in the College.

g. shall perform duties during the pleasure of the competent authority.

h. can be removed on account of financial & administrative mismanagement in the college after giving reasonable opportunity of defense.

i. shall be responsible for the maintenance and repair of the College building and accessories.

j. shall maintenance register of the registered students.

k. shall prepare annual budget of the College.

l. shall act as per Regulations and Rules made under provision of this Act, the Statutes& Regulations.

m. such other functions as may prescribed by the Syndicate on recommendation of the Vice Chancellor which are not ultra vires of the provision of the Act.

5. Librarian

The duties of Librarian shall be as follows:-

1. to provide and make available books, periodicals, gray literature, publications of national and international institutions, organizations and govt. departments for the users including teachers, students, researchers, extension workers, farmers, policymakers, and the general public. To provide traditional services and computers for searching local, online databases, agricultural databases on CD-ROM, and photocopying facilities.

2. shall organize the Library as per following procedure:-

Library Sections

182

i. Acquisition Section ii. Cataloguing and Classification Section iii. Circulation Section iv. Exchange of Publications Section v. Literature Search Section vi. Readers Advisory Section vii. Reference Section viii. Serials (Journals) Section

3. To provide services to the readers and members as follows:-

a. Current content service to maintain the profile of all the AU faculty members containing both their email and postal addresses;

b. To update faculty about arrival of new books in the AU

Library.

c. Circulation Services (Issue & Receipt)

d. Reference services: to make databases available for

Searching through computerize library activities.

e. to maintain Library Regulations framed under Chapter-V

Section 21(1)(L) of the University, Ordinance 1981.

f. and such other duties as may be prescribed by the

Statutes, Rules and Regulations.

6. Director Quality Enhancement Cell (QEC)

The Directorate of QEC shall function under the patronage of

Dean of a FacultyVice Chancellor and shall headed by a full

time existing Professor (BS-21), who shall hold the office of the

Director QEC during the pleasure of the Vice-Chancellor.

The Power and duties of the Director QEC shall be as follows:-

Quality Enhancement Cell (QEC) has been established in the

University in accordance with the guidelines communicated by

Higher Education Commission (HEC). The basic purpose of

QEC is to maintain and further improve the quality of academic

standards, enabling the graduates of the University to meet new

global challenges in the field of education on national and

international level.

Functions of the Quality Enhancement Cells:

183

1. The Quality Enhancement Cell (QEC) is to be headed by a

Dean reporting directly to Vice Chancellor/Rector. He is to

be the correspondent with the outside bodies.

2. QEC is responsible for promoting public confidence that the

quality and standards of the award of degrees are

enhanced and safeguarded.

3. QEC is responsible for the review of quality standards and

the quality of teaching and learning in each subject area.

4. QEC is responsible for the review of academic affiliations

with other institutions in terms of effective management of

standards and quality of programs.

5. QEC is responsible for defining clear and explicit standards

as points of reference to the reviews to be carried out. It

should also help the employees to know as to what they

could expect from candidates.

6. QEC is responsible to develop qualifications framework by

setting out the attributes and abilities that can be expected

from the holder of a qualification, i.e. Bachelors, Bachelor

with Honors, Master’s, M. Phil. and Doctoral.

7. QEC is responsible to develop program specifications.

These are standard set of information clarifying

what knowledge, understanding, skills and other attributes

a student will have developed on successfully completing a

specific program.

8. QEC is responsible to develop quality assurance processes

and methods of evaluation to affirm that the quality of

provision and the standard of awards are being maintained

and to foster curriculum, subject and staff development,

together with research and other scholarly activities.

9. QEC is responsible to ensure that the university's quality

assurance procedures are designed to fit in with the

arrangements in place nationally for maintaining and

improving the quality of Higher Education.

10. QEC is responsible to develop procedures for the

following:-

184

a). Approval of new programs

b). Annual monitoring and evaluation including

program monitoring, faculty monitoring, and

student’s perception.

c). Departmental review

e). Student feedback

f). Employer feedback

g). Quality assurance of Master's, M.Phil. and Ph.D.

degree Programs

h). Subject review

i). Institutional assessment

j). Program specifications

k). Qualification framework

7. Director (ORICs)

Offices of Research, Innovation & Commercialization

(ORICs)

Directorate of ORIC shall consist of the following offices:-

1. Director ORIC.

2. Manager Research Operations

3. Manager Research Development

4. Manager University Industry Linkages and

Technology Transfer

1. DIRECTOR ORIC:

To manage and enhance the research activities of the university, develop Research policies and priorities, and serve as an effective advocate for research with the university and to its broader community of stakeholders and supporters.

2. MANAGER RESEARCH OPERATIONS

To oversee all aspects of the operation of the Office for Research (OR) including research administration (budgeting, auditing and accounting, human resources, management and maintenance of facilities and equipment,

185

implementation of research contracts and human resources).

3. MANAGER RESEARCH DEVELOPMENT

To develop programs and activities that will increase funding for research from all public and private sources, establish and maintain excellent relationships with donors and stakeholders, oversee proposal development and submission.

4. MANAGER UNIVERSITY INDUSTRIAL LINKAGES AND TECHNOLOGY TRANSFER

To promote the development of public-private partnerships in support of university research, link the university's research community with the needs and priorities of the corporate sector, develop opportunities for applied research and explore opportunities for technology transfer and the commercialization of university research (including incubators and research parks).

Note: The Director ORIC shall arrange periodic meetings

of ORIC & compliance to this office & HEC

accordingly.

Objectives of ORIC establishment

The objective of the establishment of the Offices of Research, Innovation and Commercialization (ORIC) is to develop, expand, enhance and manage the university’s research programs and to link research activities directly to the educational, social and economic priorities of the university and its broader community. The ORIC is also responsible for assuring that the quality of research reflects the highest international standards and advances the stature of the university among the world’s best research institutions.

In pursuit of this mission the ORIC has the responsibility of guaranteeing that all research programs and policies reflect the core values of academic freedom, professional integrity and ethical conduct and full compliance with all policies, legal requirements and operational standards of the university.

In short, the ORIC seeks to enhance the environment for

all research and scholarship by:

Supporting the university’s strategic research directions and policies

186

Increasing and diversifying external research funding

Improving recruitment and retention of top faculty Improving integration of research and education at

all levels of the university Improving translation of research into the public

benefit Strengthening university-industry relationships Promoting entrepreneurship, technology-transfer

and commercialization activities that energize and support the local and national economy

Promoting and enhancing cross-cutting and multi-disciplinary research initiatives

8. Director Advance Studies & Research

The Director Advance Studies & Research shall be a full time

existing Professor (BS-21), who shall hold the office of DASAR

during the pleasure of the Vice-Chancellor. The Power and

duties of the Director Advance Studies & Research shall be

such as prescribed in the Graduate Prospectus. He shall

regulate admission of all Master Programmes, M.Phil. and PhD

degree program with the obligations set out by the HEC,

produced under Section 9 of the University Constitution,

Functions and Powers of the Authorities of the University

Statutes, 2015:-

9. Director Teaching

The Director Teaching shall be a full time existing Professor

(BS-21), who shall hold the office of Director Teaching during

the pleasure of the Vice-Chancellor. The Power and duties of

the Director will include regulation of admission of all Bachelor

Programmes with the obligations prescribed in the

Undergraduate Prospectus.

10. Director Financial Aid & Development


8. The Syndicate may, under the powers vested in it under Section 23 (2)

(n) & (o), from time to time, create, suspend or abolish such

administrative or other posts as may be necessary; with such

conditions as it may deem fit, in accordance with the provisions of the

Act.



Statutes, the Syndicate in individual cases may make such decision,

187




Interpretation


Statutes, it shall be referred to the Anomaly Committee appointed by the

Syndicate. The decision of the Syndicate in all such cases, after


be final.

188

CONDITIONS UNDER WHICH THE UNIVERSITY MAY ENTER INTO

AGREEMENTS WITH OTHER INSTITUTIONS/ ORGANIZATIONS OR WITH

PUBLIC BODIES FOR PURPOSES OF RESEARCH AND ADVISORY

SERVICES STATUTES, 2015

Title

1. The Statutes framed in pursuance of Section 28 (1) (k) of the Khyber

Pakhtunkhwa Universities Act, 2012, “Conditions Under which the

University may enter into Agreements with other

institutions/organizations or with public bodies for purposes of

Research and Advisory Services Statutes, 2015”.

Commencement


Application

3. The Statutes shall apply to all Institutions or Public Bodies with

whom the University may enter into Agreements for purposes of

Research and Advisory Services under Section 6 read with Section

25 of the Act.

Definitions


expressions shall have the meanings hereby respectively assigned

to them as under:-

(a) “Act” means the Khyber Pakhtunkhwa Universities, Act,

2012.

(b) "University" means the University of .

(c) “Senate” means Senate of The University.

(d) “Syndicate” means Syndicate of The University.

(e) “Vice-Chancellor” means the Vice-Chancellor of The

University.

(f) "Authority" means in pursuance of Section 13 (4) (b) of

the Act ibid, the Registrar subject to the decision of

authorities, he shall have the power to enter into

agreements, sign documents and authenticate records on

behalf of the university;

189

(g) "Prescribed" means prescribed by the Statutes,

Regulations and Rules made under the Act or the Syndicate or

Senate of the University as the case may be.

(h) All other terms and expressions shall have the same

meanings as assigned to them under Section 2 of the Act.

Signing Memorandum of Understanding under Provision of

Section 6 of the Act Ibid

5. As provided in Section 6 (vii) read with Section 13 (4) (b) the

University may enter into agreements with other institutions or with

public bodies for purposes of research and advisory services;

(vii) 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;

(xii) confer degrees on persons who have carried on independent

research under prescribed conditions;

(xxvii) make provision for research, advisory or consultancy services

and with these objects to enter into arrangements with other

institutions, public or private bodies, commercial and industrial

enterprises under prescribed conditions;

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

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

works; and

(xxxi) 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.

Additions and Alterations in the MOU

6. The Senate or the Syndicate as the case may be, issue such

instructions regarding additions or alterations in the body of the

Memorandum of Understanding as provided in Section 20 (1) of the Act

as it may deem necessary for the purpose..

190



Statutes, the same shall be referred to the Committee constituted by

the Chancellor under Section 47 (1) & (2) of the Act, as may appear to



Interpretation





be final.

191

PROFESSORS EMERITUS STATUTES, 2015

Title

1. Short title, Commencement and Application:

1.1 The Statutes which have been framed in pursuance of Section-

28 (l) *shall be called “Professors Emeritus Statutes, 2015”.

1.2 The Statutes shall be deemed to have come into force with

immediate effect.

2. Definitions.

2.1 In the Statutes, unless the context otherwise requires, the

following expressions shall have the meanings hereby

respectively assigned to them.

2.2 “HEC” means the Higher Education Commission Islamabad.

2.3 “HEAL” means the Higher Education, Archives and Libraries


2.4 “Syndicate” means the Syndicate of the University under the

Act.

2.5 “Proforma” means the Proforma appended to the Statutes.

2.6 “Professor Emeritus” means the Professor Emeritus who retires

from the University service in BS-21 or BS-22 and is given the

status of Professor Emeritus by the Syndicate.

2.7 “Chancellor” means the Chancellor of the University.

Note: All other expressions herein used shall have the same meaning

as assigned to them in Section 2 of the Act.

3. Provision of Posts

3.1 The number of Professor Emeritus to be appointed is to be

decided by the University depending on its size and

excellence/expertise.

4. Eligibility Criteria

1. University Syndicate may confer status of an Emeritus

Professorship to a Meritorious Professor retired in BPS 21 or

BPS-22 or retired with tenured status in recognition of his/her

scholarship and service to university education who has served

University or a constituent institute or a Centre of Excellence of

the University for minimum period of 10 years as Professor.

192

Vice-Chancellors, if he/she was a Professor of a University and

retired after completing at least one tenure as Vice-Chancellor

in Parent University or in any other public sector University,

shall be conferred the status of Professor Emeritus in the

parent university.

5.1 All cases of the eligible retired Meritorious Professors of the

u

n

i

v

e

r

s

i

t

y

a

t

t

h

a

t

t

i

m

e

w

i

l

l

be placed before the Syndicate for consideration

5. Procedure

.

6. Terms & Conditions

6.1. Whereas the conferment of Professor Emeritus status will be

for life time, the financial benefits will be for maximum period of

5 years from the date of conferment.

6.2. The Professor Emeritus honor shall carry no formal

administrative duties. However, Professor Emeritus is expected

to contribute to the academic life of the University to a great

extent in consonance with the status and caliber of the title in

terms of student’s guidance and execution of research

projects..

6.3. The Professor Emeritus, at least for the period during which

he/she enjoys financial benefits from the University, will have

the following responsibilities:

6.3.1. Mandatory presence on campus for three working days a

week.

6.3.2. Provide guidance or continue research with faculty and/or

students.

6.3.3. Postgraduate student’s supervision

6.3.4. Seminars and/or writing or textbooks in the field of his/her

specialization

193

7. Financial Benefits/ Facilities

7.1 The honorarium ,under the category Cat-l (a) viz.

"Professor .Emeritus retired in BPS-22 and/or having

served as VC for a minimum period of four years' shall be

raised to the consolidated amount of Rs.135,000 (all

Inclusive).

7.2 The honorarium under the category 'Cat-I (b)' viz.

"Professor Emeritus retired' in BPS-22" shall be raised to

the consolidated, amount of Rs.112,000 (all inclusive).

7.3 The honorarium under the category 'Cat-II' viz. "Professor

Emeritus retired in BPS-21"shall be raised to the

consolidated amount of Rs.90,000 (all inclusive).

7.4 The Professors Emeritus shall be eligible to draw

financial benefits for a period of ten years instead of 5

years.

7.5 Professor Emeritus during his tenure in university when

gets himself engaged in another paid job/assignment

shall be eligible for payment of honorarium for the

remaining eligible period on resumption of his service as

Professor Emeritus.

7.6 Honorarium for Professor Emeritus shall be enhanced

in proportion to the increase in salary of the BPS

employees by the Government of Pakistan.

7.7 Such facilities / concession (including medical) and

services as exist in the University for teachers to carry on

his intellectual pursuits shall be open to the Professor

Emeritus.

7.8 Professor Emeritus shall be treated at par with other

University Professors on ceremonial occasions, without

conferring any right on him to contest/vote elections to

various university statutory bodies.

7.9 Furnished office along with Telephone facility at par with

Professor will be provided to all Professor Emeritus.

194


8. The Syndicate may, under the powers vested in it under Section 23 (2)

(q) & (u), of the Act adopt any amendment made by the HEC in the

Statutes from time to time in line with the Syndicate decision of its 85th

meeting held on 30-05-2012.



Statutes, the Syndicate in individual cases may make such decision, not

inconsistent with the provisions of the Statutes, as may appear to be

necessary for the purpose of removing the difficulty.


Interpretation


Statutes, it shall be referred to the Anomaly Committee appointed by the

Syndicate. The decision of the Syndicate in all such cases, after


be final.

195

AWARD OF MERITORIOUS PROFESSORS BASIC PAY SCALE-22 STATUTES, 2015

Title

1. Short title, Commencement and Application:

1.1 The Statutes which have been framed in pursuance of Section-

28 (l) of the Act read with HEC letter No.DG/QA/M_proforma

(119)/2012 dated 24-10-2012 shall be called Khyber

Pakhtunkhwa Universities Act, 2012, “Award of Meritorious

Professors (BPS-22) Statutes, 2015”.

1.2 The Statutes shall come into force at once.

1.3 The Statutes shall apply to the University Professors holding

post in BS-21 on regular basis.

1.4 The existing Meritorious Professors Basic Pay Scale 21 & 22

Statutes 2000 on the subject stand repealed from the same

date.

2. Definitions.

2.1 “Act” means the Khyber Pakhtunkhwa Universities, Act, 2012.

2.1 In the Statutes, unless the context otherwise requires, the

following expressions shall have the meanings hereby

respectively assigned to them.

2.2 “Special Selection Board” means permanent members of the

Selection Board one representative of Chairperson, HEC, and

one representative of Chancellor.

2.3 “Syndicate” means the Syndicate of the University under the

Act.

2.4 “Proforma” means the Proforma appended to the Statutes.

2.5 “Professor” means the Professor who is a whole time employee

of the University in BPS-21.

2.6 “Chancellor” means the Chancellor of the University, -.

Note: All other expressions herein used shall have the same

meaning as assigned to them in Section 2 of the Act.

3. Provision of Posts

196

3.1 The number of Professors to be promoted in BS-22 in

University shall be calculated on the basis of 12.5 % of the

filled posts of the Professors in BS-21.

197

4. Eligibility

4.1 Minimum service in BPS-17/equivalent and above should be

20 years.

4.2 Only those Professors who have served at least for 02 (two)

years in BPS-21 in the University with Ph.D. degree/equivalent

terminal degree as determined by HEC.

4.3 Should have five (5) research publications in the past 5 years

with at least three (3) research publications in the past 2 years

in HEC recognized journals.

4.4 Must have produced two Ph.Ds. or one Ph.D. and five (5)

M.Phil.in the last 5 years

5. Procedure of Promotion

5.1 Each eligible University Professor shall be invited to submit

papers for consideration by the Special Selection Board

(permanent members of the Selection Board, one

representative of Chairperson, HEC and one representative of

Chancellor) for the award of BPS-22.

5.3 The Vice Chancellor shall prepare the cases of Professors in

BPS-21 for the award of BPS-22 and present the record of

each such Professor on the proforma designed for this

purpose, and approved as a part of the Statutes along with (a)

Annual Confidential Reports (ACRs) for the last five years, and

(b) a resume of the Professor and his/her achievements in

research, teaching and educational administration.

5.4 The University shall calculate total score of each eligible

applicant according to the parameters detailed in Clause 6

(Grading Procedure).Those who secure a minimum score of

60 will be presented before the S.B. for consideration.

5.5 A meeting of the Special Selection Board shall be called to

consider cases for award of BPS-22 and the recommendations

shall be placed before the Syndicate. Finally, the

recommendations of the Syndicate shall be sent to the

Chancellor for approval.

5.6 The grant of BS-22 will be effective from the date of approval

of the Chancellor.

198

6. Grading Procedure (Total 100 marks) (Proforma’s Appended as A

to E)

6.1 Length of service (maximum 15 marks)

6.1.1. 5 marks of service per year rendered as Professor in

BPS-21 over and above the minimum qualifying

requirement of 2 years in BPS-21, subject to a maximum

of 15 marks.

6.2 Research Publications: Papers/books/monograph/patents

/Crop varieties (approved) (maximum 30 marks).

6.2.1. 2 marks per paper published in HEC recognized journals

with impact factor or journals cited in Social Science

citation Index.

6.2.2. 0.5 mark per paper published in local HEC recognized

journals (in case of Medical Sciences, PMDC recognized

journals).

6.2.3. 2 marks per Patent/Crop Variety (approved), subject to a

maximum of 6 marks.

6.2.4. 2 marks per book authored or edited internationally,

subject to a maximum of 4 marks.

6.2.5. 1 mark per book authored or edited locally, subject to a

maximum of 2 marks.

6.3 Academic Performance (maximum 30 marks)

6.3.1. No. of M.Phil.* produced 1 mark per M.Phil. maximum of

6 marks

6.3.2. No. of Ph.D. produced 5 marks per Ph.D., maximum of

15 marks *M.Phil. or equivalent qualification of 18 years

of schooling with requirement of thesis of at least two

semester duration for partial fulfillment of the terminal

degree.

6.3.3. Research Grant Awards (3 Marks for less than 1 million

and 5 marks for more than 1 million) as Principal

199

Investigator (other than the research grants given by the

university).

6.3.4. Awards/Honors (maximum 6 marks)

6..3.4.1 National Awards (Civil/ President) 2 marks per

award maximum of 4 marks

6..3.4.2 International Awards/ Honours, 2 marks per award

recognized by HEC maximum of 4 marks

6.3.4.3. HEC Best Teacher Award, 1 mark per award Izaz-

e-Kamal / Izaz-e- Fazeelat maximum of 4 marks

6.4 Post-Ph.D. Qualification (maximum 5 marks)

6.4.1. Two marks for 6 months to 1 year post doctorate at

foreign University/ Institute to a maximum of 4 marks

6.4.2 5 marks for one year or more post-doctorate at foreign

institute/university.

Note: Only Post-doctorate of at least 6 months duration will be

counted.

6.5 Annual Confidential Reports (maximum 10 marks)

6.5.1. Outstanding 2.0 marks

6.5.2. Excellent 1.5 marks

6.5.3. Good 1.0 mark

Note:

1. Sum score of ACRs for the last 5 years shall be taken

into account.

2. Top 3 categories irrespective of nomenclature shall be

considered.

3. In case the candidate is a serving Vice Chancellor,

ACRs of the last five years preceding to his

appointment as Vice Chancellor shall be considered.

200

6.6 Educational Administration (maximum 10 marks)

6.6.1 Vice Chancellor: 4 marks per year up to maximum of 10

marks

6.6.2 Pro Vice Chancellor: 3 marks per year up to maximum

of 8 marks

6.6.3 Dean 2 marks per year up to maximum of 6 marks

6.6.4 Principal of Constituent College/Chairperson of the

Department/ Director of Institute: 1 mark per year up to

maximum of 3 marks

6.7 Miscellaneous

6.7.1 In case of numbers in fraction, then 0.50 or above shall

be considered as 1 (e.g. 59.5 or above will be 60.0

whereas 59.49 or less will be 59).

6.7.2. A Professor appointed as Vice Chancellor in BPS-22

shall be allowed personal grade of BPS-22 as Professor

after he/she relinquishes the charge of the office of Vice

Chancellor, provided he/she has completed one tenure

of four years as Vice Chancellor and has been a regular

Professor in a Public Sector University prior to his/her

appointment as Vice Chancellor. The personal grade so

granted to him/her shall not be counted towards the

12.5 % quota of BPS-22.

6.7.3 Award of BS-22 to a Professor shall be personal to him

and there should be no need to upgrade the post. He

will carry the scale in the event of his transfer to another

post.

201

APPENDIX - A

Details of Length of Service

Maximum Marks: 15

Designation

of Post

Held

Pay

Scale

Appointment Held Calculation Marks

Scored From To Years Months

BS-17

BS-18

BS-19

BS-20

BS-21

BS-22

Explanation for Awarding Marks:

(i) 5 marks of service per year rendered as Professor

in BPS-21 over and above the minimum qualifying

requirement of 2 years in BPS-21, subject to a

maximum of 15 marks.

Maximum of 15

marks.

202

APPENDIX - B

Research Publications

Maximum Marks: 30

6.2 Research Publications:

Papers/books/monograph/patents /Crop varieties

(approved) (maximum 30 marks).

Marks

Admissible

6.2.1. 2 marks per paper published in HEC recognized journals

with impact factor or journals cited in Social Science

citation Index.

6.2.2. 0.5 mark per paper published in local HEC recognized

journals (in case of Medical Sciences, PMDC

recognized journals).

6.2.3. 2 marks per Patent/Crop Variety (approved), subject to a

maximum of 6 marks.

6.2.4. 2 marks per books authored or edited internationally,

subject to a maximum of 4 marks.

6.2.5. 1 mark per book authored or edited locally, subject to a

maximum of 2 marks.

203

APPENDIX - C

MISCELENEOUS

Maximum Marks: 55

1. Academic Performance (maximum 30 marks) 2. Post-PhD qualification (maximum 5 marks). 3. Annual Confidential Reports (maximum 10 marks) 4. Educational Administration (maximum 10 marks)

S.#. Description of Entitlement of Marks At credit of

Professors:

Marks

Admissible

6.3 Academic Performance (maximum

30 marks)

6.3.1. No. of M.Phil.* produced 1 mark per

M.Phil., maximum of 6 marks

6.3.2. No. of Ph.D. produced 5 marks per

Ph.D., maximum of 15 marks *M.Phil.

or equivalent qualification of 18 years of

schooling with requirement of thesis of

at least two semester duration for

partial fulfillment of the terminal degree.

6.3.3. Research Grant Awards (3 Marks for

less than 1 million and 5 marks for

more than 1 million) as Principal

Investigator (other than the research

grants given by the university).

6.3.4. Awards/Honors (maximum 6 marks)

6..3.4.1 National Awards (Civil/President) 2

marks per award maximum of 4 marks

6..3.4.2 International Awards/Honours, 2 marks

per award recognized by HEC

maximum of 4 marks

6.3.4.3. HEC Best Teacher Award, 1 mark per

award maximum Izaz-e-Kamal of 4

marks Izaz-e- Fazeelat

204

6.4 Post-PhD qualification (maximum 5

marks).

6.4.1. Two marks for a 6 months to 1 year

post doctorate at foreign University/

Institute to a maximum of 4 marks

6.4.2 5 marks for one year or more post-

doctorate at foreign institute/university.

Note: Only Post-doctorate of at least 6

months duration will be counted.

205

S.#. Description of Entitlement of Marks At credit of

Professors:

Marks

Admissible

6.5 Annual Confidential Reports

(maximum 10 marks)

6.5.1. Outstanding 2.0 marks

6.5.2. Excellent 1.5 marks

6.5.3. Good 1.0 mark

NOTE

1. Sum score of ACRs for the last 5 years

shall be taken into account.

2. Top 3 categories irrespective of

nomenclature shall be considered.

3. In case the candidate is a serving Vice

Chancellor, ACRs of the last five years

preceding to his appointment as Vice

Chancellor shall be considered.

6.6 Educational Administration

(maximum 10 marks)

See Appendix-D

6.6.1 Vice Chancellor: 4 marks per year up to

maximum of 10 marks

6.6.2 Pro Vice Chancellor: 3 marks per year

up to maximum of 8 marks

6.6.3 Dean 2 marks per year up to maximum

of 6 marks

6.6.4 Principal of Constituent

College/Chairperson of the Department/

Director of Institute: 1 mark per year up

to maximum of 3 marks

6.7 Miscellaneous

6.7.1 In case of numbers in fraction, then 0.50

or above shall be considered as 1 (e.g.

206

59.5 or above will be 60.0 whereas

59.49 or less will be 59).

6.7.2. A Professor appointed as Vice

Chancellor in BPS-22 shall be allowed

personal grade of BPS-22 as Professor

after he/she relinquishes the charge of

the office of Vice Chancellor, provided

he/she has completed one tenure of four

years as Vice Chancellor and has been

a regular Professor in a Public Sector

University prior to his/her appointment

as Vice Chancellor. The personal grade

so granted to him/her shall not be

counted towards the 12.5 % quota of

BPS-22.

6.7.3 Award of BS-22 to a Professor shall be

personal to him and there should be no

need to upgrade the post. He will carry

the scale in the event of his transfer to

another post.

207

APPENDIX - D

Educational Administration

Maximum Marks: 10

Type Period

From To

Vice Chancellor: 4 marks per year up

to maximum of 10 marks

Pro Vice Chancellor: 3 marks per year

up to maximum of 8 marks

Dean 2 marks per year up to maximum

of 6 marks

Principal of Constituent

College/Chairperson of the

Department/ Director of Institute: 1

mark per year up to maximum of 3

marks

Note: It is clarified that person working on more than one

administrative job simultaneously will be graded only for

the job carrying higher marks.

208

APPENDIX - E

Overall Grading

Name of Professor:

S. No. Maximum

Marks

Marks

Obtained

1. Length of Service (Appendix – A) 15

2. Research/Publications (Appendix – B) 30

3. Annual Confidential Reports

(Appendix– C)

10

4

5..

Educational Administration (Appendix

– C)

Post PhD Qualification (Appendix-C).

10

05

6. Academic Performance (Appendix-C).

30

Total:- 100

Particulars of Professors Proposed for Grant of BS-22:

1. Name of the Professor _____________________

2. Date of Birth. _____________________

3. Qualification including technical

qualification possessed by the

Professor.

_____________________

4. Present Posting. _____________________

5. Date of regular appointment to a

post in BS-21.

_____________________

6. Total length of service in post in

Basic Pay Scale 17 and above

possessed by the Professor

(Appendix-A).

_____________________

209

7. Analysis of Confidential Reports

(Appendix-B).

_____________________

8. Overall grading (Appendix -F). _____________________

9. State whether he has been

suspended or any penalty has

been imposed or any proposal for

disciplinary action or suspension

is under consideration.

_____________________

10. State the reasons for which his

case is considered to be a

“Special Meritorious” case.

_____________________

210

CONDITIONS UNDER WHICH THE UNIVERSITY MAY ENTER INTO AGREEMENTS

WITH OTHER INSTITUTIONS OR WITH PUBLIC BODIES FOR PURPOSES OF

RESEARCH AND ADVISORY SERVICES STATUTES, 2015

Title

1. The Statutes framed in pursuance of Section 28 (1) (k) of the Khyber

Pakhtunkhwa Universities Act, 2012, shall be called “Conditions Under which

the University may enter into Agreements with other institutions or with public

bodies for purposes of Research and Advisory Services Statutes, 2015”.

Commencement

2. These Statutes shall come into force at once.

Application

3. These Statutes shall apply to all Institutions or Public Bodies with whom the

University may enter into Agreements for purposes of Research and Advisory

Services under Section 6 read with Section 25 of the Act.

Definitions

4. (i) In these Statutes, unless the context otherwise requires, the following

expressions shall have the meanings hereby respectively assigned to them as

under:-


(b) “Senate” means Senate the University.

(c) “Syndicate” means Syndicate of the University.

(d) “Vice-Chancellor” means the Vice-Chancellor of the

University.

(e) "Authority" means in pursuance of Section 13 (4) (b) of the

Act ibid, the Registrar subject to the decision of authorities,

he shall have the power to enter into agreements, sign

documents and authenticate records on behalf of the

university;

(f) "Prescribed" means prescribed by these Statutes,

Regulations and Rules made under The Khyber

Pakhtunkhwa Universities Act 2012 (Act No. X of 2012) or

211

the Syndicate or Senate of the University as the case may

be.

(g) “Act” means the Khyber Pakhtunkhwa Universities Act, 2012.

(g) All other terms and expressions shall have the same

meanings as assigned to them under Section 2 of The

Khyber Pakhtunkhwa Universities Act 2012 (Act No. X of

2012).

Signing Memorandum of Understanding under Provision of

Section 6 of the Act Ibid

5. As provided in Section 6 (vii) read with Section 13 (4) (b) the

University may enter into agreements with other institutions

or with public bodies for purposes of research and advisory

services;

(vii) 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;

(xii) confer degrees on persons who have carried on independent

research under prescribed conditions;

(xxvii) make provision for research, advisory or consultancy

services and with these objects to enter into arrangements

with other institutions, public or private bodies, commercial

and industrial enterprises under prescribed conditions;

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

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

works; and

(xxxi) 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.

212

Additions and Alterations in the MOU

6. The Senate or the Syndicate as the case may be, issue such instructions

regarding additions or alterations in the body of the Memorandum of

Understanding as provided in Section 20 (1) of The Khyber Pakhtunkhwa

Universities Act 2012 the as it may deem necessary for the purpose..


7. If any difficulty arises in giving effect to any of the provisions of these Statutes,

the same shall be referred to the Committee constituted by the Chancellor under

Section 47 (1) & (2) of The Khyber Pakhtunkhwa Universities Act 2012, as may

appear to be necessary for the purpose of removing the difficulty.

Provided that such a decision is not ultra vires of The Khyber Pakhtunkhwa

Universities Act, 2012.

Interpretation

8. Whenever a dispute arises in the application or interpretation of these Statutes, it

shall be referred to the Anomaly Committee, appointed by the Syndicate. The

decision of the Syndicate in all such cases, after consideration of the


SPECIMEN

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNIVERSITY, GOVERNMENT OF KHYBER PAKHTUNKHWA, THE ISLAMIC REPUBLIC OF PAKISTAN AND THE UNIVERSITY/INSTITUTION GOVERNMENT OF ………..

MEMORANDUM OF UNDERSTANDING

On the partnership for development of teaching & research and studets

scholarships between The University Islamic Republic of Pakistan (hereinafter

referred to as "The University") and the University/Institution Government of

………..(hereinafter referred to as "Host Institution") (hereinafter also referred to

individually as a party and collectively as the "parties",

Aware that both the parties signed on ………..(date)… the Agreement between

The University and the (Host Institution) on promotion of teaching & research and

Students Scholarships between both the Institutions (Year) ("the Agreement"),

Desiring to consolidate the promotion of teaching & research and Students

213

Scholarships between both the Institutions cooperation relationship, have agreed

as follows:

1. OBJECTIVES AND PRINCIPLES

1.1 The Partnership for promotion of teaching & research and Students

Scholarships between both the Institutions establishes the shared vision of

the parties to work together to meet common challenges and to achieve

sustainable improvements in the quality of education and research of both

the institutions.

1.2 The Partnership is founded on mutual understanding and on the principles

of mutual respect and mutual responsibility for improved promotion of

teaching & research and Students Scholarships outcomes.

1.3 Reflecting the Agreement, the Partnership recognises the desire of the two

Institutions to strengthen existing relations and confirms their shared

commitment to supporting the education development needs of Pakistan

and its people.

1.4 Reflecting the principles of mutual respect and mutual responsibility, the

parties acknowledge their mutual responsibility for results, including

through joint reviews of progress against the objectives and commitments

of the Partnership.

1.5 The Partnership is based on a shared commitment to pursuing a

sustainable education & research process between both the institutions

2. COMMITMENTS

2.1 The commitments made by each party will advance the Partnership

towards good international practice in development approaches.

2.2 (Host institution) hereby confirms its commitment to The University to:

i. provide academic assistance to support in accordance with The University own educational priorities, policies and frameworks';

ii. provide educational assistance in accordance with internationally agreed aid effectiveness principles.

iii. provide predictable levels of (host institution) educational assistance. iv. review annually with the overall level of academic assistance to The

University and the focus of the Host institution program. 2.3 The University hereby confirms its commitment to (host institution.

3. GOVERNANCE AND REVIEW

214

3.1 An annual Partnership Dialogue between senior officials of the parties will

ensure joint, regular and results based review of progress against the

objectives and joint commitments of the Partnership and allow for

discussion of specific development initiatives to be pursued under the

Partnership.

4. INDICATIVE LEVELS OF ASSISTANCE

4.1 In the (host institution) financial year ……….., the indicative academic

assistance will be offering five fully funded scholarship to graduate

students for PhD level studies.

4.2 The scholarship shals include return airfair, lodging, boarding, tution fee

and use of laboratories of the host institution.

4.3 high quality technical cooperation for capacity development; and

4.4 other innovative forms of scholarships and institutional linkages.

5. OTHER

5.1 The Partnership will place on record the mutual understanding of the

parties, will enter into force on the date of signatures, and will remain valid

until year….... The Partnership may be amended only on written

acceptance by the parties of any proposed changes. In the event of

translation, the English text of this document will prevail.

5.2 The Partnership will be implemented in association with the applicable

administrative arrangements set out in the Agreement.

5.3 This MoU serves only as a record of the intentions of the parties and does

not constitute or create (and is not intended to create) rights or obligations

under domestic or' international law and will not give rise to any legal

process and will not be deemed to constitute or create any legally binding

or enforceable rlghts or obligations (expressed or implied). Consequently,

any dispute, controversy or claim which arises out of the interpretation or

application of this MoU will not be subject to adjudication or arbitration but

will instead be dealt with through amicable consultations and negotiations

as the only method of achieving the settlement of that dispute,

controversy, or claim.

6. CONCLUSION

6.1 Through this Partnership, the parties establish their mutual commitment to

beginning a new era of development cooperation, to work together to meet

215

common challenges and to improve the quality of education for the people

of Pakistan.

Signed at: (Host Institution)

Date:-

For The University

For the Host institution.

EMPLOYEES EFFICIENCY AND DISCIPLINE STATUTES, 2015

Title

1. The Statutes framed in pursuance of Section 28 (1) (n) (2) partly; of the Khyber

Pakhtunkhwa Universities Act, 2012, shall be called “Employees Efficiency and

Discipline Statutes, 2015”.

Commencement


Application

3. The Statutes shall apply to every person holding a post in The University.

Definitions

4 (i) In the Statutes, unless there is anything repugnant in subject or context, the

following expressions shall have the meanings hereby, respectively, assigned to

them as under :

(a) “Act” means the Khyber Pakhtunkhwa Universities, Act 2012.

216


(b) "Employee" means a person who holds a post in the Service of the

University, and serving in connection with the affairs of the University.

(c) "Authority" means an Officer or authority, specified in the Appendix.

(d) "Authorized Officer" means an officer, specified in the Appendix, who is

authorized to function as such under the Statutes.

(e) "Defendant" means an employee against whom action is initiated under

the Statutes.

(f) "Misconduct" means conduct prejudicial to good order or Service

Discipline of the University, or any act which amounts to an offence under

any Law for the time being in force, or unbecoming of an officer and a

gentleman, and includes any act on the part of an employee to bring, or

attempt to bring, political or other outside influence, directly or indirectly, to

bear on the University or any University Officer, in respect of any matter

relating to his appointment, promotion, transfer, punishment, retirement or

other conditions of his service.

(g) "Penalty" means a penalty which may be imposed under the Statutes.

(h) The pronoun "He", used in relation to an employee, refers to male or

female, as the case may be.

(ii) All other expressions and terms used in the Statutes shall have the same

meanings as are assigned to them under Section 2 of the Act.

(iii) The Inquiry Officer or Members of Enquiry Committee, as the case may be, shall

be the officer(s) senior in rank to the defendant.

Grounds of Penalty

5. Where an employee, in the opinion of the Authorized Officer, or, Authority, as the

case may be :

(a) is inefficient or has ceased to be efficient; or

(b) is guilty of misconduct; or

(c) is corrupt, or may reasonably be considered as corrupt because;

i he is, or any of his dependents or any other person through

him or on his behalf is, in possession (for which he cannot

reasonably account) of pecuniary resources or of property

disproportionate to his known sources of income; or

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ii. he has assumed a style of living beyond his ostensible

means; or

iii. he has a persistent reputation of being corrupt; or

(d) is engaged, or is reasonably suspected of being engaged, in

subversive activities, or is reasonably suspected of being

associated with others engaged in subversive activities, or is guilty

of disclosure of official secrets to any un-authorized person, and his

retention in service is, therefore, prejudicial to the national security;

the Authority or Authorized Officer, as the case may be, may

impose on him one or more penalties.

Penalties

6 (1) The following are the minor and major penalties;

(a) Minor penalties:

i. Censure;

ii. with-holding, for a specified period, promotion or increment,

otherwise than for unfitness for promotion or financial advancement,

in accordance with the Statutes, or orders pertaining to the service

or post; and

iii. recovery from pay of the whole or any part of the pecuniary loss

caused to the University by negligence or breach of orders, besides

such fine as may be deemed appropriate.

(b) Major penalties:

i. “Reduction to a lower post, or pay scale or to a lower stage in

a time scale for a maximum period of five years:

Provided that on restoration to original pay scale or post, the

penalized University servant will be placed below his

erstwhile juniors promoted to higher posts during subsistence

of the period of penalty;”.

ii. compulsory retirement;

iii. removal from service; and

iv. dismissal from service.

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Explanation

(i) The order, withholding an increment or increments, or imposing reduction

to a lower stage in a time scale, shall indicate the period for which the

withholding or reduction is proposed.

(ii) Removal from service does not, but dismissal from service does, disqualify

for future employment.

(iii) In this Section, removal or dismissal from service does not include the

discharge of a person:

(a) appointed on probation, during the period of probation, or in accordance

with the probation or training rules applicable to him; or

(b) appointed, otherwise than under a contract, to hold a temporary

appointment, on the expiration of the period of such appointment; or

(c) engaged under a contract, in accordance with the terms of the contract the

Act.

Inquiry Procedure

7 (1) Where an employee is accused of corruption, subversion or misconduct, the

Authorized Officer may require him to proceed on leave or, with the approval of

the Authority, suspend him; provided that any continuation of such leave or

suspension shall require the approval of the Authority after every 90 days.

(2) The Authorized Officer shall decide whether, in the light of facts of the case or the

interests of justice, an inquiry should be conducted through an Inquiry Officer or

Inquiry Committee. If he so decides, the procedure indicated in Section 8 shall

apply.

(3) If the Authorized Officer decides that it is not necessary to have an inquiry

conducted through an Inquiry Officer or Inquiry Committee, he shall:

(a) frame a charge, supported by statement of allegations, and communicate it

to the defendant, informing him of the action proposed to be taken in

regard to him ; and

(b) give him a reasonable opportunity of showing cause against that action :

Provided that no such opportunity shall be given where the Authority is

satisfied that in the interest of the security of Pakistan or any part thereof it

is not expedient to give such an opportunity;

Provided further that if the Authorized Officer is satisfied in view of the

preliminary inquiry report of an Inquiry Officer or any other inquiry

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Committee, that responsibility has been fixed on the defendant involved in

the case and quantum of loss incurred by the University is also indicated

therein, the Authorized Officer may dispense with formal inquiry and serve

a show cause notice upon the defendant, stating therein the grounds of

action to be taken and giving to the defendant a reasonable opportunity of

written defense and personal hearing.

(4) On receipt of the report of the inquiry officer or inquiry committee, or where no

inquiry officer or Committee is appointed, on receipt of written defense or

explanation of the defendant to the show cause notice, the Authorized Officer

shall determine whether the charge has been proved, and if so, shall also

tentatively decide the imposition of major or minor penalty in relation to the

defendant in the light of the inquiry report or the defense/explanation of the

defendant, as the case may be, and serve him with a final show cause notice,

communicating to him the penalty to be imposed, alongwith a copy of the inquiry

report, if any, giving him a reasonable opportunity, which shall not be less than

seven days or more than fourteen days, to defend himself against the proposed

action.

(5) If on receipt of the final show cause notice, and after hearing the defendant if he

so desired, it is proposed to impose a minor penalty, the Authorized Officer shall

pass orders accordingly. If it is proposed to impose a major penalty, he shall

forward the case to the Authority along with the charges and statement of

allegations served on the defendant, the explanation of the defendant to the show

cause notice, the findings of the inquiry officer or inquiry Committee, if appointed,

and his own recommendations regarding the penalty to be imposed. The

Authority shall pass such orders as it may deem proper.

(6) While imposing a penalty under the Statutes, the Authorized Officer, or the

Authority, as the case may be, shall ensure that the penalty corresponds to the

degree of involvement of the defendant with particular reference to the nature of

guilt, i.e., corruption, negligence, inefficiency, or misconduct, and shall make a

judicious decision, according to the facts of the case and the extent of

involvement of the defendant in it.

Provided that if the Authorized Officer or the Authority is not in agreement with

the findings of the Enquiry Officer/ Committee, he may order a fresh enquiry

through another Enquiry Officer/Committee as deemed appropriate.

(7) Nothing in this Section shall apply to a case:

(a) Where the defendant is dismissed or removed from service or reduced in

rank, on grounds of conduct which has led to a sentence of fine or of

imprisonment; or

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(b) Where the Authority is satisfied, for reasons to be recorded in writing, that

it is not reasonably practicable to give the defendant an opportunity of

showing cause.

(c) Notwithstanding anything to the contrary contained in the Statutes, in case

of willful absence from duty by the defendant, a notice shall be issued by

the Authorized Officer through registered acknowledgement due cover on

his home address directing him to resume duty forthwith. If the same is

received back as undelivered or no response is received from the

absentee within the stipulated time, a notice shall be published in a leading

newspaper directing him to resume duty within fifteen days of the

publication of that notice, failing which an ex-parte decision will be taken

against him. On expiry of the stipulated period given in the notice, the

Authorized Officer shall recommend his case to the Authority for imposition

of major penalty of removal/dismissal from service.

Procedure to be observed by Inquiry Officer or Inquiry Committee

(8) (1) Where an Inquiry Officer or Inquiry Committee is appointed, the

Authorized Officer shall:

(a) frame a charge and communicate it to the defendant, together with

the statement of allegations;

(b) require the defendant within a reasonable time, which shall not be

less than seven days or more than fourteen days from the day the

charge has been communicated to him, to put in a written defense,

and to state at the same time whether he desires to be heard in

person.

(2) The Inquiry Officer or the Committee, as the case may be, shall enquire

into the charge and may examine such oral or documentary evidence in

support of the charge or in defense of the defendant as may be considered

necessary and the defendant shall be entitled to cross examine the

witnesses against him.

(3) The Inquiry Officer or the Committee, as the case may be, shall hear the

case from day to day and no adjournment shall be given except for

reasons to be recorded in writing. However, every adjournment, with

reasons for it, shall be reported forthwith to the Authorized Officer.

Ordinarily no adjournment shall be for more than a week:

Provided that the inquiry officer or the Committee, as the case may be,

shall submit his/its report within the shortest possible time which shall not

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be more than one month, after receipt of reply to the charge

sheet/statement of allegations.

(4) Where the Inquiry Officer or the Committee, as the case may be, is

satisfied that the defendant is hampering, or attempting to hamper, the

progress of the inquiry, he or it shall administer a warning, and if thereafter

he or it is satisfied that the defendant is acting in disregard of the warning,

he or it shall record a finding to that effect and proceed to complete the

inquiry in such manner as he or it thinks best suited to do substantial

justice;

(5) The Inquiry Officer or the Committee, as the case may be, shall within ten

days of the conclusion of the proceedings or such longer period as may

be allowed by the Authorized Officer, submit his or its findings to the

Authorized Officer.

Powers of Inquiry Officer and Inquiry Committee

9 (1) For the purpose of an inquiry under the Statutes, the Inquiry Officer and

the Inquiry Committee shall have the powers of a civil court, trying a suit

under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the

following matters, namely:-

(a) summoning and enforcing the attendance of any person and

examining him on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) issuing commissions for the examination of witnesses or

documents.

(2) The proceedings under the Statutes shall be deemed to be judicial

proceedings, within the meaning of Sections 193 and 228 of the Pakistan

Penal Code (Act XLV of 1860).

Procedure of Inquiry against Employees Lent to other Agencies

10 (1) Where the services of an employee to whom the Statutes apply are lent to

any other agency, hereinafter referred to as the borrowing authority, the

borrowing authority shall have the powers of the Authority for the purpose

of placing him under suspension or requiring him to proceed on leave and

of initiating proceedings against him under the Statutes;

Provided that the borrowing authority shall forthwith inform the authority

which has lent his services, hereinafter referred to as the lending authority,

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of the circumstances leading to the order of his suspension or the

commencement of the proceedings, as the case may be.

(2) If, in the light of the findings in the proceedings initiated against the

employee, in terms of the preceding Sub-Section, the borrowing authority

is of the opinion that any penalty shall be imposed on him it shall transmit

to the lending authority the record of the proceedings and thereupon the

lending authority shall take action accordingly.

Re-Instatement

11. If an employee proceeding on leave, or placed under suspension, in pursuance of

an order under Section 7(1) of the Statutes, is subsequently re-instated, without

imposition of any penalty, the period of such leave or suspension shall be treated

as duty.

Appeal

12. An employee on whom a penalty is imposed under the Statutes shall have the

right to prefer an appeal, within thirty days of the receipt by him of the order

imposing the penalty, to the appropriate Appellate Authority, specified in column 4

of the Appendix;

Appearance of Counsel

13. No party to any proceedings under the Statutes, before the Authority, the

Authorized Officer, an Inquiry Officer or any Inquiry Committee, shall be

represented by a legal counsel.

Powers of The Syndicate to Issue Instructions

14. For the purpose of the Statutes, the Syndicate may, from time to time, issue such

instructions for the maintenance of appropriate standards of efficiency, good

conduct, discipline and integrity of the employees, as deemed appropriate.


15. In matters of procedural details, the instructions and clarifications, etc., as issued

by the Government of Khyber Pakhtunkhwa, in the context of the Government

Servants (Efficiency and Discipline) Rules shall apply mutatis mutandis in the

case of the Statutes, unless in any particular case the Syndicate decides

otherwise.

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Appendix

List of Authorities and Authorised Officers in light of Section 11(5) (e) of the Act.

Status of

Defendant

Employee

Authorised Officer Authority Appellate

Authority

General Administration

BPS-17 & Above Vice Chancellor Vice

ChancellorSyndicate

Syndicate (only for

revision )/

Chancellor

BPS-1 to 16 Head of Section/

Directorate/ Deptt. under

whom Working

Vice Chancellor Syndicate/

Chancellor

Faculties & Departments/Institute

BPS-17 & Above Vice Chancellor Vice

ChancellorSyndicate

Syndicate (only for

revision)/

Chancellor

BPS-1 to 16 Dean or Chairperson /

Director/Incharge under

whom working

Vice Chancellor Syndicate/

Chancellor

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EMPLOYEES WELFARE FUND STATUTES, 2015 245. Title

These Statutes, framed in pursuance of Section, 28(1) (c) of the Khyber Pakhtunkhwa

Universities Act, 2012, shall be called “Employees Welfare Fund Statutes, 2015”.

246. COMMENCEMENT

These Statutes shall come into force with immediate effect.

247. UNIVERSITY EMPLOYEES TO WHOM APPLICABLE

(1) All University employees shall be entitled to the benefits of this Welfare Fund,

except:

(a) the staff paid from contingencies

(b) the work-charged establishment

(c) part-time University employee

(d) those employed on contract

(e) those employed on deputation to the University

(f) the employees who have attained the age of 60 years; and

(g) any other class of University employees excluded by the Syndicate

(2) Nothing in sub-section (1) shall affect the provision of section-129 of these Statutes.

248. DEFINITIONS

Unless the context otherwise requires, the following expressions shall have the

meanings hereby assigned to them:

a. "University" means the University”

b. "Senate" means Senate of the University

c. "Syndicate" means Syndicate of the University

d. "Academic Council" means Academic Council of the University

e. "Selection Board" means Selection Board of the University

f. “Selection Committee” means Selection and Promotion Committee of the University

f. “Act” means Khyber Pakhtunkhwa Universities Act, 2012

g. "Advanced Studies and Research Board" means Advanced Studies and Research

Board of the University

h. "Camp Office" means Camp Office of the University

i. “Constituent College” means Constituent College of the University

j. “Constituent Institution” means Constituent Institution of the University

k. "Dean" means Dean of a faculty of the University

l. "Chairperson" means Chairperson of the University Teaching Department

m. "Director" means Director of Constituent Institution of the University

n. "Principal" means Principal of Constituent College of the University

o. "Head" means Head of Administrative Section of the University

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p. "Initial Appointment" means appointment made under the prescribed procedure other

than by promotion

q. "Prescribed" means prescribed by the Act or Statutes made their under

r. "Permanent Post" means a post sanctioned without assigning any limit of time

s. "Pay" means the emoluments drawn monthly by an employee of the University as pay

including special pay, qualification pay, technical pay, personal pay, or any other

emoluments

t. "Presumptive Pay" means the pay of a post to which an employee is entitled subject to

his holding the same in a substantive capacity and performing its functions

u. "Pay Protection" means permitting pay not less than the last pay drawn by an

employee before appointment against the same or a higher post

v. "Regular Appointment" means an appointment made in accordance with the

prescribed procedure, against a vacant permanent post

w. "Substantive Pay" means the basic pay other than special pay, personal pay,

technical pay etc. to which an employee is entitled on account of substantive

appointment to a post in a specified scale

x. "Temporary Post" means a post other than a permanent post

y. "University Employee" means a person who holds a permanent post in the University

service and who is paid from the University funds

z. All other terms and expressions shall have the same meanings as assigned to them

under Section-2 of the Act, 2012

aa. The Pronoun “He” refers to both Male and Female employees / students.

249. ESTABLISHMENT OF WELFARE FUND

A fund shall be established, to be called Welfare Fund, for the purpose of General

Welfare of the University’s employees.

250. SOURCE AND UTILIZATION OF THE FUND

(1) To the credit of the Welfare Fund shall be placed:

(a) all contributions received from University employees under Section-125 and Section-

126 of these Statutes

(b) all contributions made by the University; and

(c) all interest of profit accruing on such contributions.

(2) The Welfare Fund shall be utilized for meeting the expenses on arrangements to be

made with Insurance Company or other Insurer for the insurance employees.

(a) Out of the profit realized from Insurance Companies, 50 percent of such profit shall

be credited to the Welfare Fund Account. The Board may utilize it in accordance with the

provision of these Statutes.

(b) The remaining 50 percent of profit shall be payable to the employees with earnings.

This amount shall be invested in profitable schemes. The employees on death or

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retirement shall receive their share of profit based on the ratio of their respective

contributions to the premium along with the earnings accruing on it.

251. CONSTITUTION OF BOARD FOR MANAGEMENT OF WELFARE FUND

(1) As soon as possible, the Syndicate shall constitute a Board consisting of the

Chairperson and four members as under to administer and manage the Welfare Fund.

(i). Vice Chancellor Chairperson

(ii). One Dean to be nominated by the Vice Chancellor Member

(iii). Three Professors / Associate Professors to be nominated

by the Vice Chancellor Member

(iv) Treasurer Secretary

(2) The Treasurer shall be the Secretary of the Board.

(3) A new Board shall be constituted after every three years

252. FUNCTIONS AND POWERS OF THE BOARD

The Board shall:

(1) from time to time arrange for the insurance of employees in the sums specified in

the following table and arrange its investment in the profitable schemes in the

financial institutions / scheduled banks.

Basic Pay Scale

Sum Assured

Amount of Half Yearly

Monthly Premium

Payable

BPS 01 – 04

Rs. ???120,000

Rs. ???? Rs.39.70

BPS 05 – 10

Rs. ??? 140,000

Rs. ??? Rs.46.31

BPS 11 – 15

Rs. ??? 240,000

Rs. ???? Rs.79.40

BPS 16 – 17

Rs. ???? 360,000

Rs. ???? Rs. 119.10

BPS 17 Rs. 480,000 Rs.158.80

BPS – 18

Rs. ???? 700,000

Rs. 231.58

BPS – 19 Rs. ???? 840,000 Rs. 277.90

Table

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(2) have the power to sanction expenditures connected with the administration and

management of the Welfare Fund; and

(3) do or cause to be done all other things ancillary or incidental to any of the aforesaid

or to the purpose of the Welfare Fund.

253. CONTRIBUTION TOWARDS WELFARE FUND BY THE UNIVERSITY

EMPLOYEES

Subject to the provisions of these Statutes every University employee drawing pay in

BPS shall be liable to contribute monthly towards the Welfare Fund @ 1% of the initial

basic pay. This rate may vary with the approval of the Syndicate on the

recommendations of the Board.

254. CONTRIBUTIONS BY EMPLOYEES IN FOREIGN SERVICE

(1) When an employee is transferred to Foreign Service he shall continue to be

governed by these University Statutes in the same manner as if he had not been so

transferred and he shall remit to the Treasurer his contribution to Welfare Fund during

the period he remains in Foreign Service.

(2) If for any reason contribution to the Welfare Fund has not been deducted from the

pay bill of a University employee, the same shall in lump-sum be:

(a) deducted from his subsequent pay bill, and

(b) remitted to the Treasurer.

255. ASSISTANCE TO THE FAMILY OF DECEASED EMPLOYEE

The Board is authorized to extend financial assistance to the family of the deceased

employee on case to case basis from the fund on the approval of the Chairperson.

256. NO BENEFIT ADMISSIBLE ON DISMISSAL, TERMINATION AND REMOVAL

If a University employee, for any reason whatsoever, leaves the University service or is

discharged or dismissed from service, or his services are terminated, he shall be entitled

neither to any benefit from the Welfare Fund, nor to the refund of the contributions made

by him toward the said Welfare Fund during the period of his service.

BPS – 20 and

above

Rs. ??? 1,000,000

Rs. 330.83

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257. MEETING OF THE BOARD

(1) The Board constituted under Section-242 of these Statutes shall hold at least one

meeting in every six months.

(2) The Chairperson may however, call a special meeting of the Board at any time he

may deem necessary.

(3) The Chairperson and any two members of the Board shall form a quorum at the

meeting.

(4) Decisions by the Board shall be taken by majority of votes. In case of equality of

votes, the Chairperson shall have a second or casting vote.

(5) All decisions of the Board shall be recorded in writing by the Secretary and in his

absence by such other member of the Board as may be authorized in this behalf by the

Chairperson.

(6) Subject to the general supervision and control of the Chairperson, the Secretary shall

be responsible for:

(a) the conduct of correspondence on behalf of the Board

(b) the maintenance of the records of the Board

(c) the disbursement of the money from the Welfare Fund

(d) the maintenance of the accounts

(e) preparation of the agenda of the meetings of the Board and giving advance notice of

such

meeting to the members of the Board

(f) performance of such other functions as may be specified by the Chairperson.

258. GRANTS TO RETIRED UNIVERSITY EMPLOYEES

The Board may make to a University employee, who has retired from service or has

completed the age of superannuation sixty years, such grants out of the Welfare Fund

not exceeding Rs.50,000/- (Rupees fifty thousand only) as it may consider appropriate

or feasible.

259. WITHDRAWALS FROM WELFARE FUND

Any amount required to be drawn from the Welfare Fund shall be drawn on a bill signed

by the Treasurer for the specified purpose.

260. MAINTENANCE OF WELFARE FUND AND ITS AUDIT

(1) The accounts of the contributions to and of the withdrawals from the Welfare Fund

shall be maintained by the Treasurer.

(2) The accounts maintained under sub-section (1) above shall be audited by the

University Auditor at least once every year.

261. FUNDS TO BE KEPT IN APPROVED BANK

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All funds credited into the Welfare Fund shall be kept in Scheduled Bank in the name of

the Board.

262. ACCOUNTS AND PAYMENTS IN RUPEES

The account of the Welfare Fund shall be kept in rupees and all payments from it shall

be made in rupees.


If any difficulty arises in giving effect to any of the provisions of these Statutes, the

Syndicate in individual cases may make such decision, not inconsistent with the spirit of

these Statutes, as may appear to be necessary for the purpose of removing the

difficulty, provided that such a decision is not ultra vires of the Act.


Whenever a dispute arises in the application or interpretation of these Statutes, it shall

be referred to the Anomaly Committee as provisioned in Section (34) of Statutes, 2015.

The recommendations of the Anomaly Committee shall be placed before the Syndicate

for consideration. The decision of the Syndicate shall be final.


The authorities and other bodies of the University may make Rules and Regulations in

accordance with the provisions of the Act.


Any amendment / modification in these Statutes, shall be proposed by the Syndicate on

the recommendations of the above mentioned Anomaly Committee.

230

LEAVE STATUTES, 2015

1. Title

These Statutes, framed in pursuance of Section, 28(1) of the Khyber Pakhtunkhwa Universities Act, 2012, shall be called “Leave Statutes, 2015”.

2. COMMENCEMENT

These Statutes shall come into force at once.

3. APPLICATION

These Statutes shall apply to all the Employees.

4. DEFINITIONS


a. "University" means the University of .

b. “Act” means Khyber Pakhtunkhwa Universities Act, 2012.

c. "Senate" means Senate of the University

d. "Syndicate" means Syndicate of the University

e. "Academic Council" means Academic Council of the University

f. "Selection Board" means Selection Board of the University

g. “Selection Committee” means University Selection and Promotion Committee of the University

h. "Advanced Studies and Research Board" means Advanced Studies and Research Board of the University

i. "Campus" means Campus of the University

j. “Constituent College” means Constituent College of the University

k. “Constituent Institution” means Constituent Institution of the University

l. "Dean" means Dean of a faculty of the University

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m. "Chairperson" means Chairperson of a Teaching Department

n. "Director" means Director of a Constituent Institution of the University

o. "Principal" means Principal of Constituent College of the University

p. "Head" means Head of Administrative Section of the University

q. "Coordinator" means Coordinator of the University Campus

r. "Initial Appointment" means appointment made under the prescribed procedure other than by promotion

s. "Prescribed" means prescribed by the Act or Statutes made their under

t. "Permanent Post" means a post sanctioned without assigning any limit of time

u. "Pay" means the emoluments drawn monthly by an employee as pay including special pay, qualification pay, technical pay, personal pay, or any other emoluments, classified as pay by the Government

v. "Presumptive Pay" means the pay of a post to which a University employee is entitled subject to his holding the same in a substantive capacity and performing its functions

w. "Pay Protection" means permitting pay not less than the last pay drawn by him before appointed against the same or a higher post

x. "Regular Appointment" means an appointment made in accordance with the prescribed procedure, against a vacant permanent post

y. "Substantive Pay" means the basic pay other than special pay, personal pay, emolument pay etc. to which an employee is entitled on account of substantive appointment to a post in a specified scale

z. "Temporary Post" means a post other than a permanent post

aa. "University Employee" means a person who holds a permanent post in the University service and who is paid from the University funds

bb. All other terms and expressions shall have the same meanings as assigned to them under Section-2 of the Act

cc. The Pronoun “He” refers to both Male and Female employees / students.

232

5. ADMISSIBILITY OF LEAVE

(1) Earned leave cannot be claimed as a matter of right when due.

(2) However, in the exigencies of duty so require, earned / casual leave may be refused, and/or if leave has already been granted or being availed, the remaining portion of it can be revoked and the employee recalled to join forthwith.

(3) Leave applied for shall be expressed and sanctioned, in terms of days.

(4) An employee on leave may not return to duty before the expiry of the period of leave granted to him unless he is permitted to do so by the authority that sanctioned the leave.

(5) Leave applied for on Medical grounds shall not be refused ordinarily, provided that the Competent Authority to sanction the leave, may at its discretion, secure a second medical opinion to have the applicant medically examined.

(6) No employee who has been granted leave on Medical grounds may return to duty without first producing a Medical Fitness Certificate from the same authority.

(7) Holidays falling within the period of any kind of leave shall be counted as leave. They may be prefixed or suffixed to the leave with the permission of the sanctioning authority.

(8) An employee may apply for any type of leave which is due and admissible to the employee and it shall not be refused on the ground that another type of leave should be taken in the particular circumstances.

(9) One type of leave may be combined with joining time or with any other type of leave otherwise admissible to the employee, provided leave preparatory to retirement, sabbatical leave and casual leave shall not be combined with any kind of leave.

(10) No leave shall be availed unless it is expressly granted, except leave applied for under emergent circumstances and so proved to the satisfaction of the sanctioning authority.

233

(11) It shall be the duty of the applicant to make sure that the leave applied for has expressly been sanctioned. While proceeding on leave except causal leave, he shall submit departure report and hand over the charge of his post. A report to this effect shall be sent through his immediate officer. It shall also be the duty of the employee to leave behind all papers, cash and keys in his custody in the manner determined by his immediate officer. An Employee on return from leave shall report for duty to the authority, that sanctioned his leave.

(12) Leave applied for must be on the prescribed form stating the kind of leave required. In addition, Medical Certificate issued by authorized Medical Officer of the University will be submitted, in case leave on medical grounds is required. Application shall be submitted sufficiently in advance of the date from which leave is sought to be availed.

(13) Application for leave shall be submitted to the immediate officer, who shall forward the same to the Registrar, along with his remarks and the arrangements proposed during the absence of the applicant, if the period of leave applied for is a week or more.

(14) Leave account in respect of each Employee shall be maintained as a part of his service book, in such form, as may be prescribed by the University.

(15) Leave may be granted retrospectively by the Competent Authority in special circumstances and the period of absence may be treated as leave without pay.

(16) An employee compulsorily retired, removed or dismissed under disciplinary action, the balanced leave at his credit shall cease.

(17) Pay admissible during leave on full pay shall be based on last pay drawn.

(18) Instead of indicating whether leave starts or ends in the forenoon, leave may commence from the day following on which an employee hands over the charge of the post and will end on the day preceding the day on which he resumes duty.

6. COMPETENT AUTHORITY

(1) The Vice Chancellor, on recommendation of the Head of the

234

Department / Institution / College or the Administrative Head, shall be empowered to grant all sorts of leave (other than causal leave) to the Employees.

(2) Head of the Constituent Institution shall be empowered to grant casual leave to Employees in BPS 1-16 under intimation to the Registrar.

(3) The Registrar, on recommendation of tThe respective Chairperson of Departments / Administrative Heads, shall be empowered to grant casual leave to all employees / faculty members of the respective department/Section.

(4) Leave to all Deans / Head of the Institution / Principal of the College and Administrative Heads shall be sanctioned by the Vice Chancellor.

(5) Leave to Chairperson of the Department shall be granted by the Vice Chancellor on the recommendation of Dean.

(6) Leave granted for more than 15 days shall be reported to the Competent Authority.

7. CASUAL LEAVE

All vocational employees shall be entitled to casual leave for 10 days and non-vocational employees for 25 days in a calendar year. Casual leave may not be granted for more than 5 days at a time in case of all Employees. It shall not be combined with any leave or joining time. It may be prefixed or suffixed to a closed or optional holiday. It shall not be credited to the leave account of the Employee. Any balance not availed shall lapse on the termination of the calendar year.

8. EARNING AND ACCUMULATION OF LEAVE

(1) An employee shall earn leave only on full pay which shall be calculated at the rate of four days for non-vocational and one day for vocational employees for every calendar month of the period of duty rendered and credited to the leave account as "Leave on Full Pay". Duty period of fifteen days or less in a calendar month being ignored and those of more than fifteen days being treated as a full calendar month for the purpose. Period spent on any sort of leave or vacation (other than casual leave) shall not be treated as the

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period of duty rendered.

(2) If an Employee proceeds on leave during a calendar month and returns from it during another calendar month and the period of duty in either month is more than fifteen days, the leave to be credited for both the incomplete months shall be restricted to that admissible for one full calendar month pay.

(3) Any Employee who enjoys vacation may earn leave on full pay:

(a) when an Employee avails himself of full vacation in a calendar year at the rate of one day for every calendar month of duty rendered;

(b) when during any year he is prevented from availing himself of the full vacation as for any Employee who does not enjoy vacation for that year; and

(c) when he avails himself of only a part of the vacation as in (1) above plus such portion of thirty days as the number of days of vacation not taken bears to the full vacation.

9. LEAVE ON FULL PAY

(1) The maximum period of earned leave on full pay that may be granted at one time shall be as follows:

(a) without Medical Certificate ----- 120 days

(b) with Medical Certificate ----- 180 days

(c) on Medical grounds from leave account in entire service ----- 365 days

(2) Medical leave, on production of Medical Certificate shall be granted against the earned leave account of the Employee.

10. LEAVE ON HALF PAY

(1) Leave on full pay may, at the option of the Employee, be converted into leave on Half Pay. The debit to the leave account will be at the rate of one day on full pay for every two days on half pay, fraction of one-half counting as one full day's leave on full pay.

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(2) The request for conversion of leave referred to above, shall be specified by the Employee in his application for grant of leave.

(3) There shall be no limit on the grant of leave on half pay as long as it is available by conversion in the leave account.

11. STUDY LEAVE

(1) Study Leave means leave granted with or without pay to an Employee for the purpose of pursuing higher education or study or research in a manner approved by the University.

(2) Study Leave may be granted to an employee who has put in at least three years confirmed service in the University or its constituent units. It shall be granted to an employee upto the age of 46 years for pursuing Ph.D and 50 years for MS / M.Phil.

(3) The Vice Chancellor may grant leave without pay for study purposes to an employee who has not put in three years’ service on such terms and conditions as it may deem fit and for reasons to be recorded.

(4) Study Leave may normally be granted to an employee for 24 months for M. Phil / MS and 48 months for Ph. D Degree on year to year basis on the receipt of progress report from the advisor of the concerned scholar. Any further extension will be granted on the recommendation of the Vice Chancellor by the Syndicate.

(5) During study leave the Employee shall not engage himself in a job carrying remuneration.

(6) Before proceeding on study leave the employee shall execute a surety bond on stamp paper, with surety of two guarantors (Preferably University Regular Employee in Grade 17 or above) of known credibility and financial status to the effect that he will serve the University after successful completion of his studies for a period of 03 consecutive years in the case of M.Phil. / MS Degree and 05 years in case of Ph.D. In case the scholar fails to join the University and serve the University for the period mention above he shall pay an amount equal to the bond money, the fringe benefits, the total amount of scholarship received, the

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pay benefits, other payments received during the period of the study leave and a penalty to be fixed by the Syndicate.

(7) In case the scholar fails to successfully complete his studies, he shall pay the amount of the scholarship, fringe benefits, pay benefits, if any other payments received by him during the study period / leave and a penalty fixed by Syndicate. Such person shall immediately report for duties otherwise will be liable for disciplinary action as per Employees Efficiency and Discipline Statutes, 2015.

(8) The period of study leave shall be counted for earning periodical increments when the Employee rejoins the University after successful completion of his studies.

(9) An Employee shall be allowed to retain accommodation allotted to him, provided his "family" actually resides in the accommodation or continue to receive house rent allowance during the period of study leave.

(10) For any change in the course of study or field of research may be allowed by the Competent Authority on the recommendation of the concerned Dean & Chairperson. However, it will be necessary to revalidate the study leave.

(11) An Employee on study leave shall submit his progress report through his supervisor every semester / term to the Registrar or any other officer nominated by the University Director P & D with a copy to Vice Chancellor and the Head of the concerned Department / Institution. In case of unsatisfactory report he will be liable to be recalled and all payments received by him will either be refunded by him or his guarantors or both or such a portion of it as the Syndicate may determine.

(12) All applications for study leave shall be submitted at least 01 month prior to the date on which the leave is proposed to be availed.

(13) Study leave combined with any other kind of leave may be granted twice in the entire service but the total period will not exceed more than five years.

(14) Study leave shall not be admissible to an employee against whom disciplinary proceedings are under progress.

12. EXTRAORDINARY LEAVE (LEAVE WITHOUT PAY)

Extraordinary leave may be granted under special

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circumstances to a permanent employee up to a maximum period of five years during the whole period of

service in the University, provided that the employee, to whom such leave is granted, has been in continuous service for at least five years of the University.

13. MATERNITY LEAVE

(1) Maternity leave may be granted on full pay, outside the leave account, to a female employee to the extent of ninety days in all from the date of its commencement or sixty days from the date of her confinement, whichever is earlier.

(2) Maternity leave may be granted in continuation of or in combination with any other kind of leave including extraordinary leave as may be due and admissible to a female employee.

(3) Maternity leave may be granted to a female employee only twice thrice in her whole service in the University.

14. COORDINATE LEAVE

(1) A Muslim Female Employee on the death of her husband, may be granted leave on full pay for a period not exceeding one hundred and thirty days.

(2) Such leave shall not be debited to her leave account.

(3) Such leave shall commence from the date of death of her husband and for this purpose she will have to produce death certificate issued by the Competent Authority either along with her application for special leave or, if that is not possible, the said certificate may be furnished to the leave sanctioning authority, separately.

15. LEAVE NOT DUE

(1) Leave not due may be granted on full pay, to be offset against leave to be earned in future, for a maximum period of three hundred and sixty-five days in the entire period of service, subject to the condition that during the first five years of service it shall not exceed ninety days in all.

(2) Such leave may be converted into leave on half pay.

(3) Such leave shall be granted only when there are reasonable chances of the Employee's resuming duty on the expiry of the leave.

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(4) Leave not due is a privilege and not a right and its approval will depend upon the prevailing staff position and exigencies of duty.

(5) Before proceeding on leave not due the concerned employee shall execute a personal bond on stamp paper, with surety of two guarantors (preferably University Regular Employee in Grade 17 or above) of known credibility and financial status to serve the University on expiry of his leave. In case he fails to do so he shall pay an amount equal to the bond money, the fringe benefits, other payments received during the period of the leave and a penalty to be fixed by the Syndicate.

16. SABBATICAL LEAVE

(1) An employee engaged in teaching or research may be granted sabbatical leave up to one year on full pay for undertaking research in a University or research organization of good standing twice in the entire carrier. Sabbatical leave not granted or not availed can be carried forward.

(2) Sabbatical leave will be granted to an employee who have put in at least 06 years confirmed service in the University.

(3) The period of study leave or leave without pay shall not count towards the period prescribed for entitlement to sabbatical leave.

(4) The sabbatical leave may not be combined with any other kind of leave.

(5) An employee who availed sabbatical leave once will not be eligible for another sabbatical leave within 06 year.

(6) In case the Employee receives salary from other sources during sabbatical leave, the University may pay only fifty percent of his salary.

(7) Sabbatical leave shall ordinarily be granted only at the end of an academic term or semester and if it is applied for at least 03 months before the date it is proposed to be availed.

(8) Sabbatical leave is a privilege and not a right and its approval, when it falls due, will depend upon the prevailing staff position and exigencies of duty.

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(9) The employee on sabbatical leave may draw house rent allowance or retain the residential accommodation provided to him if his "family" actually resides in it.

(10) He will submit a report on the work done during the sabbatical leave for the perusal of the Chairman of the Department who will forward it with his comments to the Vice Chancellor.

17. ENCASHMENT OF LEAVE PREPARATORY TO RETIREMENT

(1) An Employee may, twelve months before the date of superannuation with thirty years qualifying service, at his option, be allowed to encashment of his leave preparatory to retirement if he undertakes in writing to perform duty in lieu of the whole period of three hundred and sixty-five days or lesser period which is due and admissible.

(2) In lieu of such leave, leave pay be claimed for the actual period of leave subject to maximum of three sixty five days.

(3) If at any time during such period, leave is granted on account of ill health supported by Medical Certificate or for performance of Hajj or Umra, the amount of cash compensation on account of leave pay shall be reduced by an amount equal to the leave pay for half the period of leave so granted.

(4) The Employee shall submit the option to the Authority, competent to sanction leave preparatory to retirement, who shall accept the option and issue formal sanction for the payment of each compensation.

(5) For the purpose of payment in lieu of such leave:

(a) The rate of pay shall be the rate admissible at the time the leave is drawn

(b) The earned leave pay may be drawn at any time for the period for which duty has already been rendered; and

(c) Only the "Senior Post Allowance" will be included in the leave pay as admissible.

18. DEATH DURING SERVICE

In case an employee dies, or is declared permanently

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incapacitated for further service by a designated hospital or doctor while in service, a lump-sum payment equal to full pay for the number of days of earned leave but not exceeding 365 days due, shall be paid by the University.


If any difficulty arises in giving effect to any of the provisions of these Statutes, the Syndicate in individual cases may make such decision, not inconsistent with the spirit of these Statutes, as may appear to be necessary for the purpose of removing the difficulty, provided that such a decision is not ultra vires of the Khyber Pakhtunkhwa Universities Act, 2012.


Whenever a dispute arises in the application or interpretation of these Statutes, it shall be referred to the following Anomaly Committee.

(a) Vice Chancellor Convener

(b) Two Deans to be nominated by the Vice Chancellor Member

(c) Director Academics Member

(d) Chairman / HOS of the concerned department / section Member

(e) Registrar Member/Secretary

(f) Nominee of the Higher Education Department,


(g) Nominee of the Establishment Department,


(h) Nominee of the Finance Department,


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The recommendations of the Anomaly Committee shall be placed before the Syndicate for consideration. The

decision of the Syndicate shall be final.


The authorities and other bodies of the University may make Rules and Regulations in accordance with the

provisions of the Act.


Any amendment / modification in the Statutes shall be made by the Syndicate on the recommendations of Anomaly Committee to be constituted by the Syndicate for this purpose.

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AUDIT OF ACCOUNTS STATUTES, 2015

1. Short Title & Commencement:

(1) These Statutes shall be called the Audit of Accounts, Statutes, 2015.

(2) They shall come into force at once.

2. All bills for payment to be made out of the funds of the University shall be

checked by the Internal Auditors Deputy Director (Audit) of the University who

shall see that :

a. sanction of the competent authority exists for the payment;

b. The claim is in respect of services rendered or stores supplied and

supported by a certificate of the competent concerned authority;

c. budget provision exists to meet the expenditure, and that ;

d. in case of claims for payment of Provident Fund, Pension Fund etc

verifications have been made with reference to the personal account of

the subscriber.

e. no expenditure shall be made from the funds of the University,

unless the bill for its payment has been audited by the Internal

Auditor Deputy Director (Audit) of the University in conformity with

the above procedure.

f. in case of difference of opinion between the Treasurer and the

Internal AuditorDeputy Director (Audit), the matter shall be referred

to the Vice Chancellor whose decision shall be final.

3. The statement of the Accounts of the University signed by the Treasurer and

the Internal Auditors Deputy

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Director (Audit) shall be submitted to the Higher Education Commission or any

other authority as the case may be within six months of the closing of the

financial year.

4. (i) The account of the University shall be audited once a year in conformity

with the Statutes and

Regulations of the University, by the Auditor appointed by the Government

Auditor General, Government of Pakistan, office for this purpose.

(ii) The Accounts of the University shall also be audited by the Charted

Accountancy firm to be appointed by the Vice Chancellor once in a year but not

later than 31st December of each year.

5. (i)_The observation of the Government Auditor, together with such

annotations as the Treasurer may

make, shall be presented to the Syndicate and the Commission.

(ii) The certified accounts by the Charted Accountant alongwith

management report and annotations thereof shall be presented before the

Syndicate/Senate.

Formatted: Font: Superscript

Formatted: Font: (Default) Arial, 12 pt, Bold

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FORM AND MANNER FOR MAINTENANCE OF UNIVERSITY ACCOUNTS,

STATUTES, 2015


(1) These Statutes shall be called “Form and Manner for Maintenance of University

Accounts Statutes, 2015”.


2. The accounts of the University shall conform to the official financial year and shall

be kept by the Treasurer.

3. All funds or moneys belonging to the University shall be kept in the State Bank of

Pakistan, or National Bank of Pakistan or any other Bank approved for this

purpose by the Syndicate under the following heads:

a. special Endowment Trusts;

b. pProvident Fund Account, Pension Fund etc;

c. current Account; and

d. such other heads as the Syndicate may determine from time to time.

e. no transfer shall be made from Accounts (a) and (b) to any other account.

4. All property belonging to the University and its constituent institutions shall be

held in the name of the University.???

5. The Treasurer shall, with the prior approval of the Vice Chancellor and subject to

the control of the Syndicate be competent to direct that any un-invested balance

standing to the credit of any particular Trust or of any other University Account,

shall be invested in Government Securities, Stock and Promissory Notes, Postal

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Development Cash Certificates and Fixed Deposit Account for the benefit of the

Account concerned. For the purpose of drawing interest on or transferring any

part of such Government Stock or Government Promissory Notes or Certificates

as are held in the name of the University, the Vice Chancellor and the Treasurer

shall, subject to the control of the Syndicate, be jointly authorized to do all acts

necessary for that purpose. All bank accounts shall jointly be operated by any two

officers authorized by the Vice Chancellor, however, the signatures of the

Director Finance/Treasurer shall be compulsory.

6. It shall be the duty of the Treasurer, subject to the control of the Vice Chancellor

and the Syndicate, to see that all sums given to the University for specific

purposes, such as the Establishment of the University Chair, or for awarding a

scholarship in Government Securities or any other form as given in Section 4

above and brought to credit under the proper head of account.

7. All sums payable into any account of the University shall be received by the

Treasurer or an officer authorized by him with the prior approval of the Vice

Chancellor, who shall enter them in Cash Book (computerized or manual cash

book) immediately and issue receipt for the sums received. Such sums as may

be paid direct to the credit of an account of the University in Bank shall also be

accounted for in the Cash Book. All expenditure incurred shall also be recorded

in the Cash Book and properly discharged vouchers obtained thereof.

8. No sale, lease, mortgage, gift or exchange of any University property shall be

made except under the prior orders of the Syndicate;

Provided that in the case of unserviceable stores and materials and

perishable goods, the Vice Chancellor shall be competent to direct their disposal

in the best possible manner.

9. The Treasurer shall maintain registers in appropriate form showing the property

held in the name of the University, both movable and immovable, with the

particulars and values of such properties. The disposal of such properties shall

also be recorded in these registers.

10. The Treasurer shall have powers under the supervision and control of the Vice

Chancellor:

a. to pass and pay salary bills of the employees of the University, who

may have been appointed from time to time by the competent

authorities;

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b. to pass and pay all TA bills according to rules except that of himself

which shall be passed for payment by the Vice Chancellor;

c. to pass and pay all bills connected with the conduct of examinations

according to rules;

d. to incur ordinary contingent expenditure against sanctioned

allotments provided that items of special contingent expenditure

exceeding delegated limit Rs. 5000.00 shall require the sanction of

the Vice Chancellor. Ordinary and special shall have the same

meaning as in Government rules;

e. to sanction extraordinary expenditure exceeding delegated limit Rs.

5000.00 connected with the conduct of examinations as a special

case which he shall report as soon as possible to the Vice

Chancellor;

f. to pass and pay all other bills provided budget provision and

sanction of the competent authority exist for it ; and

g. to pass and pay bills upto Rs. 25,000.00 in each case in which

quotations are not required.

11. All bills for payment shall be audited by the University Auditor in accordance with

the Statutes.

12. Payments shall as a rule, be made by means of cross cheques but where this is

not practicable, payment may be made in cash and accounted for in the

appropriate registers. Cheques shall be signed jointly by the Treasurer and

another officer authorized by theVice Chancellor provided the amount in each

individual case does not exceed Rs. 1050,000.00. Cheques for amounts

exceeding Rs. 1050,000.00 shall be signed by both the Treasurer and the Vice

Chancellor.

13. To meet petty expenditure, the Vice Chancellor may authorize such advance as

he may from time to time consider necessary, to remain in the hands of the

Treasurer, or Heads of the University Teaching Departments, and such other

officers as he may think necessary. The person holding the advance shall be

personally responsible for its proper use and accounting. The accounts shall be

submitted in the prescribed form at the end of each month or early if necessary.

Explanation:

The term petty expenditure covers all legitimate expenditure not exceeding Rs.

255000.00 in any individual cases.

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14. The Treasurer shall be competent to pass for adjustment of all transfer entries.

BUDGET:

The annual budget shall be prepared by the Treasurer with the consultation of all

HoDs/HoSs in the prescribed form under the directions of the Vice Chancellor

and shall be scrutinized and approved by the Finance and

Planning Committee.

The Syndicate shall consider and pass the budget before the close of the previous

financial year.

ACCOUNTS

15 The Treasurer shall keep the accounts under the following heads :

a. sSpecial Endowment Trust;

b. current Account;

c. provident Fund; and

d. such other heads as the Syndicate may determine from time to time.

16 The Treasurer shall prepare an annual general statement of accounts of the

University showing in details the state of the various accounts, which statement

shall be submitted to the Syndicate.

BOOKS

17 The Treasurer shall maintain among others the following books and forms

manually or electronically:

a. For Special Endowment Trust :

i. A Cash Book

ii A Ledger with a separate account for each Trust.

Iii A Bank Pass Book for each Trust / Bank Statement

b. For the Current Account :

i A Cash Book

ii. A Classified Register of Receipts

ii. A Classified Register of Expenditure

iv. A Bank Pass Book/ Bank Statement

c. For the Provident Fund Account :

i. A Cash Book

ii. A Ledger with a separate personal account for each subscriber

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iii. A Bank Pass Book / Bank Statement

d. For Such Other Heads :

i. A Cash Book

ii. Pass Book / Bank Statement

iii. Such other Register as may be necessary in each case

18. The Treasurer shall sign himself the Cash Book and other Accounts Books.

19. All receipts shall be acknowledged by the Treasurer himself or any other officer

authorized by the Vice Chancellor with the approval of the Syndicate.

20. All vouchers in support of items of expenditure shall be retained for a period of 12

years after the audit has been carried out. Vouchers more than 12 years old may

be destroyed at the discretion of the Treasurer with the prior approval of the Vice

Chancellor provided that all accounts and documents relating to Trusts, donations

and subscriptions shall be preserved permanently.

HONORARY DEGREES STATUTES, 2015


(1) These Statutes may be called “Honorary Degrees Statutes, 2015”.


2. Application:

These Statutes shall apply to any person nominated for award of honorary

degree by the University.

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3 Definitions:

(1) In these Statutes, unless the context otherwise requires, all expressions shall

have the meaning respectively assigned to them as under:

a. Honorary Degree means a Degree conferred on a person by the

Syndicate, without requiring him to undergo an examination, by reason of

his eminence in his field of specialization or distinguished service to the

country or humanity in general;

b. “Act” means the Act; and

(2) All other expressions and terms issued in these Statutes shall have the same meanings as assigned to them under section 2 of the Act.

4. The Vice Chancellor in consultation with the University Academic Council may

recommend nominees to the Syndicate for Award of Honorary Degrees.

5. The authority to award an Honorary Degree shall rest with the Syndicate subject

to the confirmation by the Chancellor.

6. The Syndicate’s decision shall be made at a meeting held after proper notice and

supported in each case by the opinion of a two third majority of the members

present at the meeting.

7. The candidate to be considered for an Honorary Degree should have made

outstanding contribution to the advancement of the candidate’s discipline or field

of work, or to the benefit of the community, to the country or to the society at

large..

8. Active members of Faculty and Staff at University are not eligible to be

considered for Honorary Degrees.

9. Posthumous Honorary Degrees shall not be recommended. However, if the

candidate accepts the invitation of the University, but dies before the

Convocation, the Honorary Degree shall be conferred.

10. Normally, an Honorary Degree shall not also be awarded in absentia. However, in

exceptional circumstances, a degree may also be awarded in absentia.

11. An individual can receive only one Honorary Degree from the University.

12. In selecting the candidates for the award of an Honorary Degree, it should be

ensured that no discrimination is made on the basis of race, colour, religion,

gender, caste and disability.

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13. The cases for consideration shall be submitted on a proper Nomination Form

(Annex-II).

14. After confirmation by the Chancellor, the Vice Chancellor shall inform the

nominee (s).

15. Prior to public announcement by the University authorities, all matters relating to

Honorary Degrees shall be treated as confidential.

16. The format of the Honorary Degree itself shall be the same as that for degrees

awarded to students on the campus.

17. In case the nominee for an Honorary Degree is unable to accept the degree in

the year the degree is awarded, the name shall be re-submitted for approval in a

later year.

18. Honorary Degree shall not be used for professional promotion, and the recipients

are not supposed to write ‘Dr’ with their names.

Note : Guidelines & Nomination Form for nomination of Honorary are given in Annex

I&II.

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ANNEXURE-I

Guidelines:

1. Introduction

The Registrar invites nominations for honorary degrees to be awarded at

Convocation. Any person is eligible to make a nomination.

2. Selection Criteria

a. Outstanding contribution to discipline or field of work, to community,

to society in general.

b. Nominee may be from any country.

3. Eligibility Guidelines

a. Faculty or Staff of the University is not eligible for nomination until

at least three years after leaving the University.

b. An active politician is not eligible.

c. The person must be alive.

d. Diversified nominations without discrimination are desirable.

4. Selection Process

a. Must meet deadline for nomination. Confidentiality of all submitted

documents is guaranteed.

b. The recommendations of the nominees are made by the Vice

Chancellor in consultation with the Academic Council.

c. Recommendations are approved by the Syndicate.

d. The case(s) are submitted to the Chancellor for confirmation.

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e. Invitations to candidates are sent after the approval by the

Chancellor.

f. Name(s) of honoree(s) is /are made public.

5. Nomination Form

A completed nomination form is necessary for the information of the Syndicate.

Supporting documents shall not exceed 15 pages.

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ANNEXURE - II

University Nomination Form for an Honorary Degree

1. Name of Nominee (in Full) _______________________________________

2. Permanent Address _______________________________________

3. Current Address _______________________________________

4. Current Telephone Number and E-mail Address _________________

5. Education, Honors Received (degrees or honor, institution, date)________

6. Career Summary (titles, organizations, dates) _______________________

7. Reasons for Recommending Award of an Honorary Degree ___________________________________________________________________________

_________________________________________________________________

_____ _____

(This is the most important section for making decision)

____________________________

___________________

Nominator- 1 (Name and address) Relationship to Nominee

___________________________

___________________

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Nominator- 2 (Name and address) Relationship to Nominee

FEE STATUTES, 2015


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(1) These Statutes may be called the “Fee Statutes, 2015”.


2. Application:

These Statutes shall apply to all enrolled, registered students of the University.

3. Fee Deposit Schedule:

(1). At the time of first admission to the University, students shall be required to

pay the admission, verification and degree fee.

(2). At the beginning of each Semester (including first semester), students

shall have to deposit the registration, tuition, transcript, examination fees

and other such fees as may be prescribed.

(3). Courses fee shall be calculated as follows:

Total No. of Credit Hours in Semester x Fee per Credit Hour.

(4). Courses fee can be paid either in full at the start of the semester or in

installments. The complete courses fee should be paid before the final

examinations of that particular semester, failing which he may not be

allowed to sit in the final examination.

(5). If dues are not cleared by the dates specified, fine will be charged and

result with-held.

(6). Fees may be increased annually to adjust inflation.

(7). All the graduating students will pay the convocation fee.

(8). Students will pay fee for re-checking of papers, make-up examination,

issue of duplicate transcript and duplicate degree only.

(9). Where writing of thesis is mandatory, student will pay thesis evaluation

fee.

4. Fee Refund Schedule:

(1). Fee deposited before the start of the semester or at the time of admission,

shall only be refunded according to the following schedule:

a. Before the commencement of regular classes - 100% except

admission fee.

b. Within 7 days after the commencement of regular classes - 50%

c. One week after the start of regular classes - 0%

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Note: Admission Fee is NON REFUNDABLE.

(2). Fee deposited by existing students at the start of the semester shall only

be refunded/ adjusted according to the following criteria:

a. Course fee of a course dropped within one week of

the commencement of semester

: 100%

b. Course fee of a course withdrawn within four weeks

of the commencement of semester

: 50%

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CONSTITUTION OF EMERGENCY COMMITTEE STATUTES, 2014

Title

1. These Statutes framed in pursuance of Section 28 (1) (m) of the Khyber

Pakhtunkhwa Universities Act, 2012, shall be called “Constitution of Emergency

Committee Statutes, 2015”.

Commencement

2. These Statutes shall come into force at oncer.

Application

3. These Statutes shall apply to the University under Section 2 of the Act.

Definitions

4. (i) In these Statutes, unless the context otherwise requires, the following

expressions shall have the meanings hereby respectively assigned to them as

under:-


(b) “Senate” means Senate of the University.

(c) “Syndicate” means Syndicate of the.

(d) “Vice-Chancellor” means the Vice-Chancellor of the University.

(e) "Authority" means in pursuance of Section 18(1)(a)(i) of the Act ibid,

the Senate which shall exercise its power to constitute Emergency

Committee.

(f) "Prescribed" means prescribed by these Statutes, Regulations and

Rules made under the Act or the Syndicate or Senate of the

University as the case may be.

(g) All other terms and expressions shall have the same meanings as

assigned to them under Section 2 of the Act. Secretary” means

Registrar of the University under Section 13 (4) (a) of the Act ibid

who shall act as Secretary of the Senate, Syndicate, Academic

Council, Selection Board and such other authorities, bodies and

committees as prescribed by or under this.

(h) “Act” means the Khyber Pakhtunkhwa Universities Act, 2012.

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5. Emergency Committee.

1. There shall be an Emergency Committee to be appointed by the Senate for confirmation of action(s) taken by the Vice Chancellor in emergency situations as provided under Section 11(3) of the Act.

2. The Committee shall comprise of three members of the Senate, to be appointed by the Senate and their Membership in the Committee shall be valid till their membership of the Senate.

3. One member of the Committee shall be designated as Convener of the Committee.

4. Registrar of the University shall be designated as Secretary of the Committee as provided under Section 13 (4) (a) of the Act ibid who shall act as Secretary of the Senate, Syndicate, Academic Council, Selection Board and such other authorities, bodies and committees as prescribed by or under this Act.

5. Meeting of the Committee shall be called by the Convener as and when required, on the request of Vice Chancellor.

6. Function of the Committee: The following shall be the function of the Committee;

(a) After the receipt of report regarding any action(s) taken by the Vice Chancellor of the Universality in pursuance of Section 11(3) of the Act, the Committee may cause query regarding the need for action(s) taken. After satisfaction, the Committee may confirm the action(s) taken;

(b) Such action(s) needs to be regularized, later on, from the Senate in its forth coming meeting;

(c) If the committee is of the opinion that there was no need to exercise such powers, they may advise the Vice-Chancellor to revoke his action. If the action so taken is of such a nature that it cannot be revoked or annulled then the matter may be referred to the Senate with the observation of the Committee and will be decided by the Senate according to the Code of Conduct of its Business, without prejudice to the action(s) being taken by the Vice Chancellor.


7. If any difficulty arises in giving effect to any of the provisions of these Statutes,

the Senate may make such decision, not inconsistent with the provisions of these

Statutes, as may appear to be necessary for the purpose of removing the

difficulty, provided that such a decision is not ultra vires of the Act.

260

Interpretation

8. Whenever a dispute arises in the application or interpretation of these Statutes, it

shall be referred to the Anomaly Committee, appointed by the Senate. The

decision of the Senate in all such cases, after consideration of the


261

RE-EMPLOYMENT OF SUPERANNUATED/ RETIRED PERSONS IN THE

UNIVERSITY SERVICE STATUTES, 2015

Re-employment:

1. The Syndicate may, in the public interest and subject to physical fitness, re-

employ an officer in Basic Pay Scale 17 and above against a post on the salary last

drawn, beyond the age of sixty years for any period till he attains the age of sixty-five

subject to the condition that any such re-employment shall be done only under very

special circumstances and with the prior approval of the Chancellor on case to case

basis.

2. If an employee is re-employed by the University he shall draw the pay and

allowance enjoyed by him during the period of regular employment.

3. A university employee in Basic Pay Scale 16 and below may in the public interest

be re-employed after the age of sixty for a period not exceeding one year.

4. The decision of the Competent Authority in all relating to sections 27 to 29, shall

be final and no appeal whatsoever shall lie against the decision.

262

STATUTES FOR PLAGIARISM AND CHEATING STATUTES, 2015

HEC Plagiarism Policy

1. Preamble

In the wake of fundamental improvements being introduced in the system of Higher

Education in Pakistan, the credit, respect, recognition of research and scholarly

publications, career development and financial gains are now linked with such

original works accomplished without replicating the efforts of other researchers. It has

therefore become necessary that the menace of plagiarism is highlighted and curbed

through exemplary punitive actions. On the other hand, we must also guard against

bogus or false complaints in order to prevent victimization which may make

researchers and scholars shy away from research simply because of the fear of

prosecution. A Plagiarism Policy has therefore become necessary to create

awareness, define various forms in which Plagiarism exhibits itself, present a

methodology of investigation, cater for punitive action proportional to the extent of the

offence and even address the issue of false or spurious complaints.

2. Definition

According to the Concise Oxford Dictionary, Plagiarism is defined as "taking and

using the thoughts, writings, and inventions of another person as one's own".

This, or various similar definitions found in recognized publications / documents, are

very broad and can be used to create awareness about Plagiarism but are not

practical enough to apply in order to ascertain guilt or innocence in specific cases. In

order to establish the violation of ethical norms, or academic or intellectual dishonesty

resulting from Plagiarism and to take punitive actions in this regard, it is necessary

that the variety of forms in which Plagiarism manifests itself are known. These include

but are not limited to the following:

263

“Verbatim copying, near-verbatim copying, or purposely paraphrasing

portions of another author's paper or unpublished report without citing

the exact reference.

Copying elements of another author's paper, such as equations or

illustrations that are not common knowledge, or copying or purposely

paraphrasing sentences without citing the source.

Verbatim copying portions of another author's paper or from reports

by citing but not clearly differentiating what text has been copied (e.g.

not applying quotation marks correctly) and /or not citing the source

correctly” [1].

"The unacknowledged use of computer programs, mathematical /

computer models / algorithms, computer software in all forms, macros,

spreadsheets, web pages, databases, mathematical deviations and

calculations, designs / models / displays of any sort, diagrams, graphs,

tables, drawings, works of art of any sort, fine art pieces or artifacts,

digital images, computer-aided design drawings, GIS files, photographs,

maps, music / composition of any sort, posters, presentations and

tracing." [2]

"Self-plagiarism, that is, the verbatim or near-verbatim re-use of

significant portions of one's own copyrighted work without citing the

original source." [1]

3. Explanation from Wikipedia, the free encyclopedia

Wikipedia, the free encyclopedia on the web describes and explains Plagiarism

as "the unauthorized use or close imitation of the language and thoughts of another

author and the representation of them as one's own original work. Unlike cases of

forgery, in which the authenticity of the writing, document, or some other kind of

object itself is in question, plagiarism is concerned with the issue of false attribution.

Within academia, plagiarism by students, professors, or researchers is considered

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http://en.wikipedia.org/wiki/Forgery

http://en.wikipedia.org/wiki/Academia

academic dishonesty or academic fraud and offenders are subject to academic

3

censure. In journalism, plagiarism is considered a breach of journalistic ethics, and

reporters caught plagiarizing typically face disciplinary measures ranging from

suspension to termination. While plagiarism in scholarship and journalism has a

centuries-old history, the development of the Internet, where articles appear as

electronic text, has made the physical act of copying the work of others much easier.

Plagiarism is different from copyright infringement. While both terms may apply to a

particular act, they emphasize different aspects of the transgression. Copyright

infringement is a violation of the rights of the copyright holder, which involves the loss

of income and artistic control of the material when it is used without the copyright

holder's consent. On the other hand, plagiarism is concerned with the unearned

increment to the plagiarizing author's reputation. In the academic world, plagiarism

by students is a very serious academic offense which can result in punishments such

as a failing grade on the particular assignment (typically at the high school level), or a

failing grade for the course (typically at the college or university level). For cases of

repeated plagiarism, or for cases where a student has committed a severe type of

plagiarism (e.g. copying an entire article and submitting it as his / her own work), a

student may be suspended or expelled, and any academic degrees or awards may be

revoked. For professors and researchers, who are required to act as role models for

their students, plagiarism is a very serious offence, and is punishable by sanctions

ranging from suspension to termination, along with the loss of credibility and integrity.

Charges of plagiarism against students, faculty members and staff are typically heard

by internal disciplinary committees, which students and faculty members have agreed

to be bound by." [3]

Wikipedia also describes Self-plagiarism as "the re-use of significant, identical, or

nearly identical portions of one’s own work without acknowledging that one is doing so

or without citing the original work. Typically, high public-interest texts are not a subject

of self-plagiarism; however, the authors should not violate copyright where applicable.

"Public-interest texts" include such material as social, professional, and cultural

opinions usually published in newspapers and magazines." [3]

http://en.wikipedia.org/wiki/Academic_dishonesty

http://en.wikipedia.org/wiki/Academic_fraud

http://en.wikipedia.org/wiki/Journalism

http://en.wikipedia.org/wiki/Journalism_scandal

http://en.wikipedia.org/wiki/Internet

http://en.wikipedia.org/wiki/Copyright_infringement

http://en.wikipedia.org/wiki/Reputation

4. Aim: The aim of this policy is to apprise students, teachers, researchers and

4

staff about Plagiarism and how it can be avoided. It is also aimed at discouraging

Plagiarism by regulating and authorising punitive actions against those found guilty of

the act of Plagiarism.

5. Applicability: The policy is applicable to students, teachers, researchers

and staff of all institutions and organizations in Pakistan who are involved in writing or

publishing their work. In this context a "Student" is a person who, on the date of

submission of his / her paper / work is a registered student of any University or Degree

Awarding Institution recognized by Higher Education Commission (HEC). "Teachers

and Researchers" include faculty members or equivalent of the University /

Organization or/of a constituent or affiliated college or researchers of an organization

and such other persons as may be declared to be so by regulations. “Staff” is any

employee of an organization involved in writing and publishing his / her work.

Any person listing his CV on the website or any current publication or

applying for any benefit on the basis of published or presented work that is

plagiarized will be liable to be punished as per prescribed rules.

6. Responsibility of the Institutions & Organizations: All institutions and

organizations are responsible to apprise their students, teachers, researchers and

staff of the definition, implications and resulting punishments in case, after due

investigation, they are found guilty of plagiarism. The institutions / organizations must

acquaint their students, teachers, researchers and staff with this policy and ensure

that they are fully aware that all authors are deemed to be individually and collectively

responsible for the contents of papers published by Journals / Publishers etc. Hence,

it is the responsibility of each author, including the coauthors, to ensure that papers

submitted for publication should attain the highest ethical standards with respect to

plagiarism. To facilitate the institutions / organizations in creating awareness about

Plagiarism, a modified version of "Little Book of Plagiarism", a publication of Leeds

Metropolitan University is appended as "Annexure" to this policy. Any University or

Degree Awarding Institution which does not adopt and implement this policy will have

its degree derecognized by HEC.

7. Reporting: To inform HEC or respective Universities / Organizations of alleged

5

plagiarism, a complaint is to be made by email, post, fax or other means to HEC

Quality Assurance Division or respective Universities / Organizations. In case of

lodging a complaint in the form of a letter, copy may be sent to HEC. The following

information is to be provided:

a) “Citation of the original paper or document or idea which was

plagiarized, (paper title, author(s), publication title, month and year of

publication if available and the journal, in which published, with details).

If the original paper is unpublished (e.g. an institutional technical report,

an on-line paper), the complainant is to provide as much information as

possible to ensure authenticity of the claim.

b) The citation of the alleged plagiarizing paper (paper title, author(s),

publication title, month and year of publication if available and the journal

with details in which published). If the paper is unpublished (e.g. an

institutional technical report, an on-line paper), the complainant is to

provide as much information as possible to ensure proper investigation.

c) Copies of both papers if possible.

d) Any other information that would help HEC or respective Universities /

Organizations to efficiently resolve the claim.” [1]

e) Name, designation, organization, address, e-mail address and telephone

number of the complainant.

Investigation:

8. Upon receipt of an allegation of Plagiarism, the HEC Quality Assurance

Division will request the respective Vice Chancellor / Rector / Head of the

Organization to carry out investigation. The complaints received through HEC or

directly by a University / Organization will be dealt with by the Universities /

Organizations according to the procedures given below. The Vice Chancellor / Rector

/ Head of the Organization will have the discretion of not taking any action on

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6

anonymous complaints. For investigation of Plagiarism cases, the Vice Chancellor /

Rector / Head of Organization will have an obligation to:

a) Constitute a “Plagiarism Standing Committee” consisting of 3 senior

faculty members, a subject specialist in that particular field is to be co-

opted, a senior student (only if a student is being investigated upon)

and a nominee of the HEC.The seniority of the members of “Plagiarism

Standing Committee” should be of a level keeping in view the seniority

of the individual being investigated upon and the nature and gravity of

the offence.

b) Provide a guideline, prepared by HEC for the functioning of the

"Plagiarism Standing Committee", to all members of the Committee.

c) Provide clear terms of reference to the “Plagiarism Standing

Committee” for their investigation.

d) The members of the “Plagiarism Standing Committee” are to sign a

confidentiality statement that during the investigation they will, under

no circumstances, disclose any individual author's name, paper titles,

referees, or any other personal or specific information concerning the

plagiarism complaint under investigation, nor shall they reveal the

names of the committee members.

e) Provide opportunity to the author / authors under investigation to justify

the originality of their concepts and research work. Similar opportunity

will also be provided to the author whose paper is deemed to have

been Plagiarized and / or the complainant, to justify the complaint.

f) Provide every opportunity to the “Plagiarism Standing Committee” to

use all foreseeable means to investigate the plagiarism claim.

9. The Plagiarism Standing Committee shall then conduct the investigation.

Depending on the details of the claim, the investigation may include, but may not be

limited to, any or all of the following steps:

7

a) Manual and / or automated tests for content similarity [1].

b) Determination of the extent and quantum of significant material

plagiarized.

c) Soliciting comments to the claim, from the Editor-in-Chief (of a journal) or

Program Chair (of conference proceedings) and referees of either or

both papers.

d) Consultation with legal counsel. [1]

e) Consult / contact witnesses and record statements there-of if so

required.

f) Consult / contact present and / or past employers of the authors.

10. The “Plagiarism Standing Committee” will submit its report with clear cut

findings and recommendations to the Vice Chancellor / Rector / Head of the

Organization within a specified period not exceeding sixty days. The Vice Chancellor /

Rector / Head of the Organization will have the discretion to implement the

recommendations after approval through the statutory process and take punitive

action against the offender as per penalties prescribed under this policy or to forward

the report to HEC or his / her parent organization for further action if outside their

purview / jurisdiction.

Penalties for Plagiarism

11. Plagiarism is an intellectual crime. As such the penalties for plagiarism should

not only take into account the severity and recurrence of the offence, but also the

intellectual standing of the offender. This entails a gradual increase in punitive action

with minimum punishment for a first time offence by a student who copies a home

work assignment to a maximum punishment for a teacher/researcher/staff who

attempts to present / publish, or actually presents / publishes plagiarized material; as

his own, in a conference / journal. Therefore, the punishments for Plagiarism have

been divided into two separate categories, i.e those for "Teachers, Researchers and

8

Staff" and those for the "Students". The groups have already been defined in para 5

above.

(a) Penalties for Teachers, Researchers and Staff: When an act of

plagiarism, as described earlier in paras 2 and 3, is found to have occurred, the

"Plagiarism Standing Committee" in its recommendations, DEPENDING UPON

THE SERIOUSNESS OF THE PROVEN OFFENCE, will advise the Competent

Authority of the Organization, to take any one or a combination of the following

disciplinary action(s) against the teacher, researcher and / or staff found guilty

of the offence:

(i) Major Penalty:

In cases where most of the paper (or key results) have been exactly

copied from any published work of other people without giving the

reference to the original work, then (a) a major penalty of dismissal from

service needs to be prescribed, along with (b) the offender may be

“Black Listed” and may NOT be eligible for employment in any academic

/ research organization, and (c) the notification of “Black Listing” of the

author(s) may be published in the print media or may be publicized on

different websites at the discretion of the Vice-Chancellor / Rector / Head

of the organization.

(ii) Moderate Penalty:

In case where some paragraphs including some key results have been

copied without citation, then a moderate penalty involving any one or

both of the following needs to be imposed (a) demotion to the next lower

grade, (b) the notification of “Black Listing” of the author(s) which may be

published in the print media or may be publicized on different websites at

the discretion of the Vice-Chancellor / Rector / Head of the organization.

(iii) Minor Penalty:

9

In case a few paragraphs have been copied from an external source

without giving reference of that work, then minor penalties need to be

prescribed for a specified period involving any one or more of the

following: (a) warning, (b) freezing of all research grants, (c) the

promotions/annual increments of the offender may be stopped, for a

specified period and (d) HEC or the University / Organization may debar

the offender from sponsorship of research funding, travel grant,

supervision of Ph.D. students, scholarship, fellowship or any other

funded program for a period as deemed appropriate by the “Plagiarism

Standing Committee”.

(b) Students: When an act of plagiarism, as described earlier in paras 2

and 3, is found to have occurred, the "Plagiarism Standing Committee" in its

recommendations, DEPENDING UPON THE SERIOUSNESS OF THE

PROVEN OFFENCE, will advise the Vice Chancellor / Head of the

Organization, to take any one or a combination of the following disciplinary

action(s) against the student(s) found guilty of the offence:

(i) In the case of thesis the responsibility of plagiarism will be of the student

and not of the supervisor or members of the Supervisory Committee.

(ii) The offender may be expelled/ rusticated from the University and from

joining any institution of Higher Education in Pakistan for a period as

deemed appropriate by the "Plagiarism Standing Committee”. A notice

may be circulated among all academic institutions and research

organization to this effect.

(iii) The offender may be relegated to a lower class.

(iv) The offender may be given a failure grade in the subject.

(v) The offender may be fined an amount as deemed appropriate.

10

(vi) The offender may be given a written warning if the offence is minor and

is committed for the first time.

(vii) The degree of a student may be withdrawn if AT ANY TIME it is proven

that he or she has presented Plagiarized work in his / her MS, MPhil or

PhD dissertation if the extent of plagiarism comes under the category of

major penalty as conveyed in Para 11(a-1).

(viii) The notification of the plagiarism by the author(s) may be published in

the print media or may be publicized on different websites at the

discretion of the Vice Chancellor / Rector / Head of the Organization.

(ix) HEC or the University / Organization may debar the offender from

sponsorship of research funding, travel grant, scholarship, fellowship or

any other funded program for a period as deemed appropriate by the

"Plagiarism Standing Committee".

(x) Any other penalty deemed fit by the “Plagiarism Standing Committee”.

(c) Co-Authors/Declarations

1. Provided that a co-author has listed a paper in his/her resume

and applied for a benefit forthwith, any co-author is deemed to be

equally responsible for any plagiarism committed in a published

paper presented to or published in a journal or presented at a

conference.

2. All Journals in Pakistan must require ALL authors to sign a

declaration that the material presented in the creative work is not

plagiarized (Sample Attached)

12. Additional Actions Required: In addition to the above punishments, the

following additional common actions must be taken if the offence of Plagiarism is

established:

11

a) If the plagiarized paper is accessible on the web page its access will be

removed. The paper itself will be kept in the database for future research

or legal purposes.

b) The author(s) will be asked to write a formal letter of apology to the

authors of the Original paper that was plagiarized, including an

admission of plagiarism. Should the author(s) refuse to comply then

additional punishments as deemed fit may be recommended by the

"Plagiarism Standing Committee.

c) If the paper is submitted but not published yet, the paper will be rejected

by the Editor-in-Chief or the Program Chair without further revisions and

without any further plagiarism investigation conducted.[1]

However, Warning may be issued to the author/ co-author.

13. Appeal: As the penalties are severe, the affected person(s) will have the

right to appeal to the Chairman HEC / Vice Chancellor / Rector / Head of the

Organization for a review of the findings or may submit a mercy petition within 30 days

from the date of notification. Such appeals / petitions will be disposed off within 60

days of receipt, by following the laid down procedures regarding such appeals.

14. Penalty for Wrong Reporting / False Allegation: If the case of Plagiarism

is not proved and it is confirmed that a false allegation was lodged, the Vice

Chancellor / Rector / Head of the Organization will inform the complainant’s

Organization and will recommend disciplinary action against the complainant, to be

taken by his / her parent organization.

References

12

[1] “ACM (Association of Computing Machinery) Policy on Plagiarism”

(http://www.acm.org/pubs/plagiarism%20policy.html)

[2] “Academic Integrity Statement: Appendix1” (University of Southampton

Calendar 2006/7) (http://www.calendar.soton.ac.uk/sectionIV/part8a.html)

[3] “Plagiarism From Wikipedia, the free encyclopedia”

(http://en.wikipedia.org/wiki/plagiarism).

(Sample)

HIGHER EDUCATION COMMISSION OF PAKISTAN (Monograph & Textbook Writing Scheme)

Monograph / Textbook Proposal Submission Undertaking*

Corresponding Author(s) name:

Corresponding Author(s) Address:

Title of Work:

The Higher Education Commission (Publisher) and the Monograph/Textbook Proposal Author (Authors if a multi-

authored Work) agree as the following:

1. The Monograph/Book will contain the original Work of author(s).

2. It will not violate copyright or intellectual property right of any person or entity.

3. It will not contain previously published material in whole or in part for which permission from the concerned

parties has not been secured.

4. The author(s) recognize that if any material submitted for consideration to the HEC is found to be

plagiarized, then the HEC may bar the author(s) from participating in all HEC Programs and public notice to

the fact maybe issued in print as well as electronic media. The HEC reserves the right to recover all amounts

spent on evaluation/publication etc., and also may take any other action deemed necessary to serve as

deterrence against plagiarism.

5. The author(s) shall indemnify and hold the Publisher harmless against loss or expenses arising from breach

of any such warranties.

6. In consideration of the HEC’s agreement to publish the Work, the author(s) hereby grants HEC a non-

exclusive, royalty-free license to print, publish, reproduce or distribute the Work throughout the world by all

means of expression, including electronic format. The author(s) further grants HEC the right to use the

author’s name in association with the Work in published form and in promotional materials.

7. The copyrights are duly reserved by Higher Education Commission of Pakistan.

All authors are requested to sign this form. If not signed by all authors, the corresponding author acknowledges that s/he is signing on behalf of all the authors and with their authorization. Faxed signatures and multiple forms are acceptable provided the corresponding author collates all the material and submits in one batch.

Author Signature: Name: Date:

http://www.acm.org/phbs/plagiarism%20policy.html

http://www.calendar.soton.ac.uk/sectionIV/part8a.html

http://en.wikipedia.org/wiki/plagiarism

13



Publisher Signature: Name:

* Similar Schemes could be developed for authors or thesis etc

Date:

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14

EMPLOYEES AND POSITIONS UPGRADATION STATUTUES, 2015

All proposals regarding upgradation of any post in any Provincial Department or

office shall be placed before the following committee for scruitinization and

recommendations:-

(i) Secretary to Govt. of Khyber Pakhtunkhwa,

Finance Department Chairman

(ii) Secretary to Govt. of Khyber Pakhtunkwa,

Establishment Department Member

(iii) Additional Finance Secretary (Regulation)

Finance Department Member cum Secretary

(iv) Additional Secretary of the concerned Department Member

Note: 1.In case the post of Additional Secretary is not sanctioned in concerned

department, the Deputy Secretary of the concerned Department will represent

as member of the up-gradation committee for the scrutiny and

recommendation of the upgraded posts.

2. No proposals/request for up-gradation of post(s) to higher pay scale shall be

entertained expect in following cases

(i) UPGRADATION OF POSTS PROPOSED AS PART OF RE-

ORGANIZATION/RE-STRUCTURING OF DEPARTMENT:-

Proposals for upgradation of certain posts as sequel to the re-

organization/re-structuring of the department/organization will be

considered/structured by the committee on the following parameters:-

(a) Objectives set forth for Re-organization.

(b) Reasons, factors and impediments in the existing structure, which

let to Re-organization process.

(c) Why upgradation of some posts are essential for re-organization.

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15

(d) Proposed changes in method of requirement as part of re-

organization proposed; Provided that before submitting proposals

of upgradation of posts to the Finance Department in such cases.

The Administrative Department will do proper consultation with

Establishment Department for developing a practical and modest

Re-organization Proposal.

(ii) UPGRADATION POF POSTS PROPOSED DUE TO INDIVIDUAL

HARDSHIP CASES:-

(a) Proposals for upgradation of certain posts due to the reasons that

some civil servants do not have further promotion chances and have

stayed on one position for reasonably long time, will be placed before

committee for consideration only if the proponent departments provides

following information.

(i) Reasons due to which concerned Government servant is unable

to be promoted in normal procedure.

(ii) All requisite details about creation of such posts and formulation

of service rules with particular references to the reasons as to why

the service rules can not give career progression to the holders of

these posts.

(iii) Whether organizational structure as well as service rules need

revision to avoid recurring of the hardship to the future entrants.

(iv) The steps taken by the department concerned to resolve such

hardships on permanent basis.

(b) The committee after proper scrutiny of case in terms of above

parameter and if satisfied that the upgradation of certain post(s) in the only

solution, may take its recommendations to the competent authority for

upgradation on personal basis provided that:-

(i) There shall be no upgradation of post beyond BPS-19 such

cases

(ii) Such recommendations will only be made in case where there

are absolutely no promotion prospects in the service structure for

incumbent of said post(s).

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16

(iii) No such recommendations will be made in a case where the

incumbent has less than 10 years of stay on one and the same

position.

(iv) The incumbent has not been earlier elevated in the existing pay

scale by personal upgradation.

(v) The proposed up-gradation will be personal to the incumbent

and the post shall stand downgraded as and when vacated by such

incumbent.

(iii) UPGRADATION OF POSTS PROPOSED ON GROUNDS OF

PRINCIPLE OF PARTY

While processing the cases where the proponent department seeks

up-gradation of certain posts to a higher pay scale on the analogy

of similar posts in some other department on this province created

with same nomenclature, the committee shall take into account

following parameters:

(i) Ascertainment of full details about all such posts created

with same nomenclature by any other department in addition

to those departments whose analogy has been quoted by

proponent department.

(ii) Nomenclature shall not be sole criterion for determining

party/comparability of post(s). Other details i,e. the job

description and prescribed qualification would necessarily be

examined.

(iii) In case of difference of prescribed qualification or the job

description (or both) as the case may be, the committee may

direct change of nomenclature of post(s) in any department

to avoid confusion on this ground.

(iii) The committee may associate with all such departments having

some nomenclature of certain post(s) with same responsibilities

and same qualifications to ascertain as to what where reasons for

certain of same posts in different departments with different pay

scales and thus make recommendations in respect of all such posts

in all concerned departments, whether they took up the case or

otherwise, to bring uniformity in pay scales in all departments to

avoid future references.




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17

Provided that the committee shall not recommend such proposals

for uniformity where prescribed qualifications as well as the

qualifications possessed by existing incumbents is not at par with

the post(s)/incumbents cited as precedence.

Provided further that in such cases the committee may recommend

change of nomenclature of either those post(s) having higher

prescribed qualifications or those having lesser prescribed

qualifications as may be deemed appropriate by the committee.

IV. UPGRADATION PROPOSED FOR RETENTION OF AN OFFICER ON

SAME POST AFTER HIS PROMOTION TO HIGHER PAY SCALE.

Retention of an officer on the same post after he has been promoted to next

higher position by the competent authority, is against the spirit of the promotion policy,

hence shall not be ordinarily allowed. However, in case due to peculiar exigencies of

services if it becomes unavoidable to retain a promoted officer on the same position

than the concerned department shall move a summary for the Chief Minister,

mentioning therein the detailed reasons and justifications in support of their such

proposal and route it through the Establishment Department and the Finance

Department for obtaining orders of the Chief Minister, Khyber Pakhtunkhwa.

Provided that in such cases the post will be up-graded personally for the

incumbent till his stay as such shall automatically stand downgraded to its original

position thereof.

V. UPGRADATION OF A POST PROPOSED ON THE ANALOGY OF SOME

OTHER PROVINCE.

Any order made by any other Province regarding creation of a post with certain

nomenclature in certain pay scale does not have any binding effects on any other

Province to follow the same. Therefore, in such cases, the committee shall examine the

proposals totally on its own merit keeping in view the above mentioned guidelines, in

general, and shall furnish its recommendations independently.

3. The Committee may, however, take any other point into consideration while

examining proposed up-gradation to ensure effective running of a

department/organization in public interest.


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18

4. The recommendations of the above committee shall be submitted for approval of

the competent authority as per table given below:-

S.No. Scale Competent Authority

1 BPS-1 to BPS-15 Competent Authority (Finance Department) (in case of Finance Department employees the competent authority shall be Admin: & Establishment Department)

In consultation with the above inter-departmental committee

2 BPS-16 to BPS-17 Chief Secretary, Khyber Pakhtunkhwa


3 BPS-18 & above Chief Minister, Khyber Pakhtunkhwa


Formatted Table



Documents

Working Document Model University Statutes (Draft) Statutes.pdf · a premature increment in the scale of pay of the higher post. Increments 15. Annual Iincrements in Basic Pay Scales