Tuesday, 20 January 2015

THE PUNJAB ANTI-CORRUPTION ESTABLISHMENT RULES, 1985

CONTENTS
1. Short Title, Application and Commencement
2. Definition
3. Area of jurisdiction
4. Ex-officio
5. Preliminary enquiry
6. Initiation of Inquiry
7. Arrest
8. Prosecution
9. Dropping of Cases
10.Pending Inquiry and Investigation
1TEXT
GOVERNMENT OF THE PUNJAB
SERVICES, GENERAL ADMINISTRATION AND INFORMATION DEPARTMENT
NOTIFICATION
[28th March, 1985]
No.SV-13/1/85 In exercise of the powers conferred upon him by Section 6 of the Punjab
Anti-Corruption Establishment Ordinance, 1961 (West Pakistan Ordinance XX of 1961) and in
supersession of the West Pakistan Anti-Corruption Establishment Rules, 1974, the Governor of
the Punjab is pleased to make the following Rules, namely–-
THE PUNJAB ANTI-CORRUPTION ESTABLISHMENT RULES, 1985) RULES, 1973
1. Short title and commencement.–- (1) These Rules may be called the Punjab AntiCorruption
Establishment Rules, 1985.
(2) They shall come into force on a day to be notified by the Government.
2. Definitions.–- (1) In these rules unless the subject or context otherwise requires, the
following expressions shall have the meanings hereby respectively assigned to them, that is to
say:
(a) ‘Additional Director’ means the Additional Director of the Establishment of the
Region or posted in the Directorate of Establishment as Additional Director (HQ);
(b) ‘Assistant Director’ means the Assistant Director of the Establishment;
1
(bb) ‘Chief Minister’ means the Chief Minister of the Punjab;
(c) ‘Chief Secretary’ means the Chief Secretary to the Government of the Punjab;
(d) ‘Circle Officer’ means the officer so posted by the Establishment as Circle Officer in
the District;
(e) ‘Competent Authority’ means the authority to accord permission either to hold an
enquiry or to order registration of a criminal case or drop the case after investigation
or decide departmental action under these rules;
(f) ‘Deputy Director’ means the Deputy Director of the Establishment;
(g) ‘Director’ means the Director of the Establishment;
(h) 2
‘District Anti-Corruption Committee’ means the Committee constituted under rule
20 of these rules;
(i) ‘Establishment’ means Anti-Corruption Establishment Punjab;
(j) ‘Ex-officio Additional Director’ and ‘Ex-officio Assistant Director’ means officer of the
Administrative Department notified by the Government as such, and Ex-officio
Deputy Director means the 3District Coordination Officer of the District Government;
(k) ‘Government’ means Government of the Punjab;
(l) 4
‘Governor’ means the Governor of the Punjab;
(m) ‘Head of Attached Department’ means an officer Incharge of a department declared
as such by the Government;
(n) ‘Ordinance’ means the Punjab Anti-Corruption Establishment Ordinance 1961
(West Pakistan Ordinance No.XX of 1961);
(o) ‘Provincial Anti-Corruption Committee’ means the committee constituted under rule
21 of these rules; and
2(p) ‘Region’ means an area under the Additional Director.
(2) The expressions used but not defined in these rules and defined in the Ordinance shall
have the same meanings as are assigned to them in the Ordinance.
3. Area of jurisdiction of ex-officio Deputy Director and Additional Director.— The area
of jurisdiction of Ex-officio Deputy Director shall be the district of his posting while that of exofficio
Additional Director shall be over his department and attached department in which he shall
be assisted by the ex-officio Assistant Directors.
4. The ex-officio Additional Director and ex-officio Deputy Director shall only deal with the
category of cases which may be assigned to them by the Government from time to time by
notification.5
5. (1) After the preliminary enquiry, if the ex-officio Additional Director or ex-officio Deputy
Director finds that:
(a) There is no ground to proceed further in the matter, the proceeding shall be
dropped after recording reasons and the complainant if any, shall be informed:
(b) There are reasonable grounds to proceed further in the matter, he shall refer the
case along with relevant record to the appointing authority of the accused public
servant for departmental proceedings under the Efficiency and Discipline Rules.
(2) If the ex-officio Additional Director or ex-officio Deputy Director receives a complaint
or gets information through reliable source regarding a serious case which does not fall within the
category of the notification issued under Rule 4, he shall refer the same to the Director.
(3) If a case is referred under sub rule (2), the Director after examining the same
may return the same to the concerned ex-officio Additional Director, ex-officio Deputy Director
who shall deal with the same under these rules.
6. Preliminary Enquiries and investigations against public servants.–- Preliminary
enquiries and investigations shall be initiated by the Establishment against public servants on
complaints received from the Government, Heads of Departments or other reliable sources.
7. Initiation of preliminary enquiries against public servants.–- A Deputy Director or an
officer of or above his rank shall initiate preliminary enquiries in order to ascertain the identity of
the complainant or informer and genuineness of the complaint/information:
Provided that the enquiry against the 6
‘District Coordination Officers’ of the District
Governments, Secretaries to the Provincial Government, Heads of attached Departments and
other officers of BPS-20 and above, shall be initiated by the Director with the prior permission of
the 7Chief Minister:
Provided further that for those officers mentioned in the first proviso who are in BPS-19,
such permission shall be accorded by the Chief Secretary:
8Provided further that the Director may, without such permission, contact the complainant
or the informer in order to ascertain his identity and the evidence available with him, if any, in
support of the complaint.
8. Registration of cases.–-
(1) Criminal cases shall be registered by the Establishment under Prevention of
Corruption Act, 1947 and under such sections of the Pakistan Penal Code, as have been set forth
in the schedule to the Ordinance.
(2) Criminal case shall be registered against accused public servants under the written
orders of officers of Establishment mentioned below–-
(a) Public Servants in BPS 1-16 Not below a Deputy Director.
(b) Public Servants in BPS-17 Not below an Additional
and 18. Director.
(c) Public Servants in BPS-19 Director.
and above.
3Provided that no case shall however be registered by the Director against public servants
of the status of 9
‘District Coordination Officer’, Secretary to Provincial Government, Heads of
Attached Departments and, other Officers of BPS-20 and above without the prior permission of
the 10Chief Minister.
Provided further that for those public servants mentioned in the first proviso who are in
BPS-19 such permission shall be accorded by the Chief Secretary.
Provided further that no prior permission shall be required for registration of a case against
a public servant caught as a result of trap arranged by the Establishment under the supervision of
a Magistrate, in the act of committing an offence specified in the Schedule to the Ordinance. In
such a case, a report shall immediately be made to the Chief Secretary, the Administrative
Secretary and immediate superior of the public servant concerned if he is in BPS-16 and above
and to the appointing authority and immediate superior if the public servant is in BPS-15 and
below.
(3) If the competent authority under sub rule (2) decides not to register a case,
he shall record reasons thereof.
9. Arrest–-The accused public servant may be arrested if his arrest becomes unavoidable
during investigation, except in the following cases when permission will be accorded by the
authority specified below:
(a) Officers in BPS-18 and 19. 11Additional Chief Secretary
(b) 12District Coordination Officer Chief Secretary
 and Secretaries to Government,
Heads of Attached Departments
and officers in BPS-20 and above.
Provided that no such permission for arrest shall be required after sanction for prosecution
has been accorded by the authority prescribed for the purpose under the criminal Law
Amendment Act, 1958;
Provided further that no prior permission shall be necessary for the arrest of a public
servant caught as a result of trap as mentioned in sub rule (2) of rule 8.
10. Informing Administrative Department etc. regarding registration of a case and arrest: As
soon as may be after registration of a case against a public servant, the Establishment shall
inform the Administrative Secretary and immediate superior if the public servant involved is in
BPS-16 or above and the appointing authority and immediate superior in case of a public servant
in BPS-15 and below, giving gist of allegations upon which the case has been registered. The
said authorities shall also be informed immediately after the arrest of the accused public servant.
11. Obtaining sanction for prosecution–- After investigation the cases considered fit for
prosecution, the following authorities shall be competent to move for sanction for prosecution
required under sub-section (5) of section 6 of the Criminal Law Amendment Act, 1958 (XL of
1958):
(a) Director or Additional Director in cases against public servants up to BPS-18; and
(b) Director in cases against public servant in BPS-19 and above.
12. Sanction for prosecution: Sanction for prosecution shall be obtained from the authority
specified under the Criminal Law Amendment Act, 1958 (Act XL of 1958).
13. Prosecution of the accused public servant:— On receipt of sanction the accused
public servant shall be challaned to court without any delay and the Authorities
mentioned in rule 8 shall be intimated.
14. Trap:— In all cases of raids the13’Sessions Judge’ or in his absence the 14Additional
District and Sessions Judge nominated for the purpose’ shall be approached by the
officers of the Establishment posted in the District to depute a magistrate for
supervising the raid.
15. Dropping of cases or recommending Departmental Action.–-
(1) The following procedure shall be followed for dropping of a case or recommending
departmental action.–-
4(a) On completion of investigation, if allegations are not established, the case
shall be dropped and intimation to the effect shall be sent to the authorities
mentioned in rule 8;
(b) If after investigation, it is found that prosecution is not called for but sufficient
material is available on record for departmental action, the Establishment
shall move the departmental authorities for departmental proceedings under
Efficiency and Discipline Rules.
(2) The following authorities shall decide dropping of cases or departmental action:-
(a) Additional Directors in cases in which public servants upto BPS-17 are
involved.
(b) Director in cases in which public servants upto BPS-18 are involved.
(c) Chief Secretary in cases in which officers in BPS-19 and 20 are involved
except those mentioned in clause (d) below; and
(d) 15Chief Minister in cases involving 16District Coordination officers,
Administrative Secretaries and officers in BPS-21 and above are involved.
(3) After a decision to take departmental action has been taken under foregoing subrule
the competent authority shall initiate departmental proceeding against the
accused public servant.
(4) Copies of final reports and summaries of dropped cases shall not be supplied,
without the permission of the Director.
(5) When decision to hold departmental enquiry against a public servant is taken, the
Establishment shall forward facts of the case, Draft of Charge Sheet, list of
witnesses and documents if any to the authority prescribed, under the Efficiency
and Discipline Rules.
(6) As soon as the enquiry has been completed and final orders have been passed the
result of the same shall be intimated to the Establishment along with a copy of
Enquiry officers reported for completion of record.
16. Where senior public servants are involved along with junior public servants.–- For
the purpose of dropping the case after investigation or referring it for departmental action or
making a move to obtain sanction for prosecution, if more than one public servants are involved,
the competent authority for these decision shall be the one, which is in case of the public servant
in the highest BPS.
17. Police Stations of the Establishment.–- Cases shall be registered by the Establishment
at the Police stations of the Establishment having the jurisdiction.
18. Application of the Punjab Police Rules.–- The Establishment shall as far as may be,
follow the provision of Punjab Police Rules, 1934 in the investigation and the enquiry of offences
specified in the Schedule to the Ordinance.
19. Suo moto Examination.–-
 (1) The Director may suo moto or otherwise call for the record of any case/enquiry,
pending investigation with the Establishment, examine it and give such direction as
may be necessary for the speedy, fair and just disposal of the same.
(2) The Director may suo moto or otherwise call for the record of any case or enquiry
for the purpose of satisfying himself as to the correctness or propriety of decision
taken by the Additional Director under clause (a) of sub-rule (2) of rule 15, and of
the ex-officio Additional Director and ex-officio Deputy Director under these rules,
and may pass such order as may be deemed fit in each case.
(3) The Chief Secretary may suo moto call for the record of any case or enquiry, for the
purpose of satisfying himself as to the correctness or propriety of decision taken by
the Director under the foregoing sub-rules and under clause (b) of sub-rule (2) of
the rule 15, and may pass such order as deemed fit in each case.
(4) The 17Chief Minister may suo moto or otherwise call for the record of any case or
enquiry pending or finalized, for the purposes of satisfying himself as to the
5correctness or propriety of decision taken by any authority under these rules and
may pass such orders as deemed fit in each case.
20. District Anti-Corruption Committee. 18Deleted.
21. Provincial Anti-Corruption Committee.–-
 (1) There shall be a Provincial Anti-Corruption Committee in the Province, comprising:-
(a) Provincial Minister to be Chairman
appointed by the 19Chief Minister.
(b) Three Members of Provincial Member
Assembly to be appointed by
the 20Chief Minister
(c) Chief Secretary. Member
(d) Additional Chief Secretary, Member
Services, General Administration
& Information Department.
(e) Home Secretary. Member
(f) Director of the Establishment. Member/Secretary
(2) The following shall be the functions of Provincial Anti-Corruption Committee–-
(a) To review the progress of Anti-Corruption cases in the Province;
(b) To consider the reports of Divisional Anti-Corruption Committees;
(c) To record observations and make recommendations in respect of cases
processed by the Establishment;
(d) To highlight factors, procedures, rules and laws, giving rise to
corruption and to make recommendations to Government for
simplification of the same;
(e) To recommend to Government steps for the eradication of corruption in the
Province;
(3) The Committee shall meet once in every six months. The date and time shall be
fixed by its Chairman and communicated to the Members by its Secretary.
22. Pending enquiries and investigation:—The cases already registered and enquiries
already pending investigations under the Punjab Anti-Corruption Establishment Rules, 1974 shall
be processed further under the present rules, from the stage up to which they have been
completed under the previous rules.
61
 Added by Notification No.SV-13-1/85 dated 27.03.1986.
2
 Omitted vide Notification dated the October 29, 2001
3
 The word District Coordination Officer of the District Government was amended and added vide Notification
dated the October 29, 2001
4
 Omitted vide Notification No SO(E.AC)4-143/85 dated April, 1989
5
 Notification No.SV-13-1-85 dated 23-05-1985. – In exercise of the powers conferred upon him by rule 4 of
the Punjab Anti-Corruption Establishment Rules, 1985, the Governor of the Punjab is pleased to lay down
the following category of cases, which shall be dealt with by the ex-officio Additional Directors and ex-officio
Deputy Directors of the Establishment:
(i) Cases of bribery, embezzlement or misappropriation involving petty amounts.
(ii) Cases of public servants caught in a raid/trap involving small amount and temporary
misappropriation not involving substantial amounts.
The cases of those public servants who are frequently involved in the cases referred to above shall be dealt
with by the Director or Additional Director Anti-Corruption Establishment)
6
 The words District Coordination officers of the District Governments instead of Commissioners of divisions
were substituted and added vide Notification dated October 29, 2001.
7
 Word Governor substituted with Chief Minister vide notification No SO(E.AC)4-143/85 dated April, 1989.
8
 Third proviso added vide Notification No.SO(E&AC) 4-143/86 dated 19-11-1987.
9
 The word District Coordination Officer of the District Government was amended and added vide Notification
dated the October 29, 2001
10 Word Governor substituted with Chief Minister vide notification No SO(E.AC)4-143/85 dated April, 1989.
11 The word Commissioner was substituted with Additional Chief Secretary vide Notification dated October
29, 2001
12 The words District Coordination officers of the District Governments instead of Commissioners of divisions
were substituted and added vide Notification dated October 29, 2001.
13 The word Deputy Commissioner and the word Additional Deputy Commissioner(General) were substituted
by the Sessions Judge and the Additional District Sessions Judge nominated for the purpose respectively
vide Notification dated October 29, 2001.
14 The word Deputy Commissioner and the word Additional Deputy Commissioner(General) were substituted
by the Sessions Judge and the Additional District Sessions Judge nominated for the purpose respectively
vide Notification dated October 29, 2001.
15 Word Governor substituted with Chief Minister vide notification No SO(E.AC)4-143/85 dated April, 1989.
16 The word District Coordination Officer of the District Government was amended and added vide
Notification dated the October 29, 2001
17 Word Governor substituted with Chief Minister vide notification No SO(E.AC)4-143/85 dated April, 1989.
18 Deleted vide Notification dated October 29, 2001
19 Word Governor substituted with Chief Minister vide notification No SO(E.AC)4-143/85 dated April, 1989.
20 Word Governor substituted with Chief Minister vide notification No SO(E.AC)4-143/85 dated April, 1989.

Sunday, 18 January 2015

The Offence of Qazf (Enforcement Of Hadd) Ordinance, 1979

Ordinance No. VIII of 1979

February 9th, 1979

An Ordinance to bring in conformity with the Injunctions of Islam the law relating to the offence of qazf.
WHEREAS it is necessary to modify the existing law relating to qazf so as to bring it in conformity with the Injunctions of Islam as set out in the Holy Quran and Sunnah;
AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action;
Now, THEREFORE, in pursuance of the Proclamation of the fifth day of July 1977, read with the Laws (Continuance in Force), Order, 1977 (C.M.L.A. Order No. l of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-

1.Short title, extent and commencement
(1)This Ordinance may be called the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979.
 
(2)It extends to the whole of Pakistan.
 
(3)It shall come into force on the twelfth day of Rabi-ul-Awwal, 1399 Hijri, that is, the tenth day of February, 1979.
 
 
2.Definitions
In this Ordinance, unless there is anything repugnant in the subject of context:
 1[(a)"adult", "hadd" and "zina" have the same meaning as in the Offence of Zina (Enforcement of Hudood) Ordinance, 1979; and"] 1
(b)all other terms and expressions not defined in this Ordinance shall have the same meaning as in the Pakistan Penal Code or the Code of Criminal Procedure, 1898.
 
3.Qazf.
Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishers an imputation of zina concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm the reputation, or hurt the feelings, of such person, is said except in the cases hereinafter excepted, to commit qazf.
Explanation 1:- It may amount to qazf to impute zina to a deceased person, if the imputation would harm the reputation or hurt the feelings of that person if living, and is hurtful to the feelings of his family or other near relatives.
Explanation 2:- An imputation in the form of an alternative or expressed ironically, may amount to qazf.
First Exception (Imputation of truth which public good requires to be made or published):- It is not qazf to impute zina to any person if the imputation be true and made or published for the public good. Whether or not it is for the public good, is a question of fact.
Second Exception (Accusation preferred in good faith to authorized person):- Save in the cases hereinafter mentioned, it is not qazf to prefer in good faith an accusation of zina against any person to any of those who have lawful authority over that person with respect to the subject matter of the accusation.
(a)A complainant makes an accusation of zina against another person in a Court, but fails to produce four witnesses in support thereof before the Court.
(b)According to the finding of the Court, a witness has given false evidence of the commission of zina or zina-bil-jabr.
(c)According to the finding of the Court, the complainant has made a false accusation of zina-bil-jabr
 
 2[] 2
5.Qazf liable to hadd.
Whoever, being an adult, intentionally and without ambiguity commits qazf of zina liable to hadd against a particular person who is a muhsan and capable of performing sexual intercourse is, subject to the provisions of this Ordinance, said to commit qazf liable to hadd.
Explanation 1:- In this section, "muhsan" means a sane and adult Muslim who either has had no sexual intercourse or has had such intercourse with his or her lawfully wedded spouse.
Explanation 2:- If a person makes in respect of another person the imputation that such other person is an illegitimate child, or refuses to recognise such person to be a legitimate child, he shall be deemed to have committed qazf liable to hadd in respect of the mother of that person.
 
6.Proof of qazf liable to hadd
(1)Proof of qazf liable to hadd shall be in one of the following forms namely:-
(a)the accused makes before a Court of competent jurisdiction a confession of the commission of the offence;
(b)the accused commits qazf in the presence of the Court; and
(c)at least two Muslim adult male witnesses, other than the victim of the qazf, about whom the Court is satisfied, having regard to the requirements of tazkiyah al-shuhood that they are truthful persons and abstain from major sins (Kabair), give direct evidence of the commission of qazf:
Provided that, if the accused in a non-Muslim, the witnesses may be non-Muslims
Provided further that the statement of the complainant or the person authorised by him shall be recorded before the statements of the witnesses are recorded.
 
 3[(2)The Presiding Officer of a Court dismissing a complaint under section 203A of the Code of Criminal Procedure, 1898 or acquitting an accused under section 5 of the Offense of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance VII of 1979), if satisfied that the offence of qazf liable to hadd has been committed, shall not require any proof of qazf and shall proceed to pass sentence under section 7.] 3
 
 
7.Punishment of qazf liable to hadd.
(1)Whoever commits qazf liable to hadd shall be punished with whipping numbering eighty stripes.
 
(2)After a person has been convicted of the offence of qazf liable to hadd, his evidence shall not be admissible in any Court of law.
 
(3)A punishment awarded under sub-section (1) shall not be executed until it has been confirmed by the Court to which an appeal from the Court awarding the punishment lies; and, until the provisions of the Code of Criminal Procedure, 1898, relating to the grant of bail or suspension of sentence, be dealt with in the same manner as if sentenced to simple imprisonment.
 
 
8.Who can file a complaint.
No proceedings under this Ordinance shall be initiated except on a  4[] 4 or a complaint lodged in a Court by the following, namely:-
(a)if the person in respect of whom the qazf has been committed be alive, that person, or any person authorised by him; or
(b)if the person in respect of whom the qazf has been committed be dead, any of the ascendants or descendants of that person.
 
9.Cases in which hadd shall not be imposed or enforced
(1)Hadd shall not be imposed for qazf in any of the following cases, namely:-
(a)when a person has committed qazf against any of his descendants;
(b)when the person in respect of whom qazf has been committed and who is a complainant has died during the pendencey of the proceedings; and
(c)when the imputation has been proved to be true.
 
 5[(2)In a case which, before the execution of hadd, the complainant withdraws his allegation of qazf, or states that the accused had made a false confession or that any of the witnesses had deposed falsely, hadd shall not be enforced.] 5
 
 
 6[] 6
14.Lian:-
(1)When a husband accuses before a Court his wife who is muhsan within the meaning of section 5, of zina and the wife does not accept the accusation as true, the following procedure of lian shall apply, namely:-
(a)the husband shall say upon oath before the Court: "I swear by Allah the Almighty and say I am surely truthful in my accusation of zina against my wife (name of wife)" and, after he has said so four times, he shall say: "Allah's curse be upon me if I am a liar in my accusation of zina against my wife (name of wife)"; and
(b)the wife shall, in reply to the husband's statement made in accordance with clause (a), say upon oath before the Court: "I swear by Allah the Almighty that my husband is surely a liar in his accusation of zina against me" and, after she has said so four times, she shall say: "Allah's wrath be upon me if he is truthful in his accusation of zina against me".
 
(2)When the procedure specified in sub-section (1) has been completed, the Court shall pass an order dissolving the marriage between the husband and wife, which shall operate as a decree for dissolution of marriage and no appeal shall lie against it.
 
 7[] 7
 
 8[] 8
 9[] 9
17.Application of the Code of Criminal Procedure, 1898.
(1)Unless otherwise expressly provided in the Ordinance, the provisions of the Code of Criminal Procedure, 1898, hereinafter referred to as the said Code, shall apply mutatis mutandis, in respect of cases under this Ordinance:  10[] 10
 12[
Provided that an offence punishable under section 7 shall be triable by a Court of Sessions and not by or before a Magistrate authorized under section 30 of the said Code and an appeal from an order of the Court of Sessions shall lie to the Federal Shariat Court.
] 12
 14[
Provided further that an appeal by, or proceeding before the Court of Session under this Ordinance shall ordinarily be held at the headquarters of the Tehsil in which the offence is alleged to have been committed or, as the case may be, the husband who has made the accusation ordinarily resides.
] 14
 
(2)The provisions of the said Code, relating to the confirmation of the sentence of death shall apply, mutatis mutandis, to the confirmation of a sentence under this Ordinance.
 
(3)The provisions of sub-section (3) of section 391 of the said Code shall not apply in respect of the punishment of whipping awarded under this Ordinance.
 
(4)The provisions of Chapter XXIX of the said Code shall not apply in respect of a punishment awarded under section 7 of this Ordinance.
 
 
18.Presiding Officer of Court to be Muslim.
The Presiding Officer of the Court by which a case is tried, or an appeal is heard, under this Ordinance shall be a Muslim:
 
 15[] 15
20.Saving
Nothing in this Ordinance shall be deemed to apply to the cases pending before any Court immediately before the commencement of this Ordinance, or to offences committed before such commencement.
 

Source:: Manual of Hudood Laws in Pakistan, Kausar Brothers, Law Publishers, Lahore

Notes

1   Substituted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 19 for : :
(a)"adult", "hadd", "tazir", "zina" and "zina-bil-jabr" have the same meaning as in the Offence of Zina (Enforcement of Hudood) Ordinance, 1979; and

2   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 20 : :
4.Two kinds of Qazf.
Qazf may either be qazf liable to hadd or qazf liable to tazir.
 

3   Inserted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 21.

4   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 22 : "report made to the police".

5   Substituted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 23 for : :
(2)In a case in which, before the execution of hadd, the complainant withdraws his allegation of qazf, or states that the accused had made a false confession or that any of the witnesses had deposed falsely and the number of witnesses is thereby reduced to less than two hadd shall not be enforced, but the Court may order retrial or award tazir on the basis of the evidence on record.
 

6   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 24 : :
10.Qazf liable to tazir.
Whoever commits qazf which is not liable to hadd, or for which proof in any of the forms mentioned in section 6 is not available, or for which hadd may not be imposed or enforced under section 9, is said to commit qazf liable to tazir.
 
11.Punishment for qazf liable to tazir.
Whoever commits qazf liable to tazir shall be punished with imprisonment of either description for a term which may extend to two years and with whipping not exceeding forty stripes and shall also be liable to fine.
 
12.Printing or engraving matter known to be of the nature referred to in section 3.
Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is of the nature referred to in section 3, shall be punished with imprisonment of either description for a term which may extend to two years, or with whipping not exceeding thirty stripes, or with fine, with any two of, or all, the punishments.
 
13.Sale of printed or engraved substance containing matter of the nature referred to in section 3.
Whoever sells or offers for sale any printed or engraved substance containing matter of the nature referred to in section 3 knowing that it contains such matter, shall be punished with imprisonment of either description for a term which may extend to two years, or with whipping not exceeding thirty stripes or with fine, or with any two of, or all, the punishments.
 

7   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 25 : :
(3)Where the husband or the wife refuses to go through the procedure specified in sub-section (1), he or, as the case may be, she shall be imprisoned until:-
(a)in the case of the husband, he has agreed to the aforesaid procedure; or
(b)in the case of the wife, she has either agreed to go through the aforesaid procedure, or accepted the husband's accusation as true.
 
(4)A wife who has accepted the husband's accusation as true shall be awarded the punishment for the offence of zina liable to hadd under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
 

8   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 24 : :
15.Punishment for attempt to commit offence punishable under this Ordinance.
Whoever attempts to commit an offence punishable under this Ordinance or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall be punished with imprisonment for a term which may extend to one-half of the longest term provided for the offence, or with such whipping or fine as is provided for the offence, or with any two of, or all, the punishments.
 

9   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 26 : :
16.Application of certain provisions of Pakistan Penal Code.
(1)Unless otherwise expressly provided in this Ordinance, the provisions of sections 34 to 38 of Chapter II, sections 63 to 72 of Chapter III and Chapters V and VA of the Pakistan Penal Code, shall apply mutatis mutandis, in respect of offences under this Ordinance.
 
(2)Whoever is guilty of the abetment of an offence liable to hadd under this Ordinance shall be liable to the punishment provided for such offence as tazir.
 
 

10   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 27(i) : :
Provided that, if it appears in evidence that the offender has committed a different offence under any other law, he may, if the Court is competent to try that offence and award punishment therefor, be convicted for that offence 11[:] 11

11   Substituted by Offence of Qazf (Enforcement of Hadd) (Amendment) Ordinance, 1980 (Ordinance 21 of 1980), Section 2 for : ".".

12   Substituted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 27(ii) for : "
 13[
Provided further that an offence punishable under section 7 or sub-section (4) of section 14, shall be triable by, and proceedings under sub-section (1) and (2) of the latter section shall be held before a Court of Session and not by or before a Magistrate authorised under section 30 of the said Code and an appeal from an order of the Court of Session shall lie to the Federal Shariat Court:
] 13
".

13   Inserted by Offence of Qazf (Enforcement of Hadd) (Amendment) Ordinance, 1980 (Ordinance 21 of 1980), Section 2.

14   Inserted by Offence of Qazf (Enforcement of Hadd) (Amendment) Ordinance, 1980 (Ordinance 21 of 1980), Section 2.

15   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 28 : :
19.Ordinance to override other laws.
The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.
 

The Offence of Zina (Enforcement Of Hudood) Ordinance, 1979

Ordinance No. VII of 1979

February 9th, 1979

An Ordinance to bring in conformity with the injunctions of Islam the law relating to the Offence of Zina.
WHEREAS it is necessary to modify the existing law relating to zina so as to bring it in conformity with the Injunctions of Islam as set out in the Holy Quran and Sunnah;
AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action;
Now, THEREFORE, in pursuance of the Proclamation of the fifth day of July 1977, read with the Laws (Continuance in Force), Order, 1977 (C.M.L.A. Order No. l of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-

1.Short title, extent and commencement
(1)This Ordinance may be called the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
 
(2)It extends to the whole of Pakistan.
 
(3)It shall come into force on the twelfth day of Rabi-ul-Awwal, 1399 Hijri, that is, the tenth day of February, 1979.
 
 
2.Definitions
In this Ordinance, unless there is anything repugnant in the subject of context:
(a)"adult" means a person who has attained, being a male, the age of eighteen years or, being a female, the age of sixteen years, or has attained puberty;
 1[(aa)"confession" means, notwithstanding any judgement of any court to the contrary, an oral statement, explicitly admitting the commission of the offence of zina, voluntarily made by the accused before a court of sessions having jurisdiction in the matter or on receipt of a summons under section 203A of the Code of Criminal Procedure, 1898 (Act V of 1898)."] 1
(b)"hadd" means punishment ordained by the Holy Quran or Sunnah;
 2[] 2
(d)"Muhsan" means
(i)a Muslim adult man who is not insane and has had sexual intercourse with a Muslim adult woman who, at the time he had sexual intercourse with her, was married to him and was not insane; or
(ii)a Muslim adult woman who is not insane and has had sexual intercourse with a Muslim adult man who, at the time she had sexual intercourse with him, was married to her and was not insane;
and
 3[] 3
 
 4[] 4
4.Zina
A man and a woman are said to commit 'Zina' if they wilfully have sexual intercourse without being  5[] 5 married to each other.
Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of Zina.
 
5.Zina liable to hadd.
(1)Zina is zina liable to hadd if-
(a)it is committed by a man who is an adult and is not insane with a woman to whom he is not, and does not suspect himself to be married; or
(b)it is committed by a woman who is an adult and is not insane with a man to whom she is not, and does not suspect herself to be, married.
 
(2)Whoever is guilty of Zina liable to hadd shall, subject to the provisions of this Ordinance, -
(a)if he or she is a muhsan, be stoned to death at a public place; or
(b)if he or she is not muhsan, be punished, at a public place; with whipping numbering one hundred stripes.
 
(3)No punishment under sub-section (2) shall be executed until it has been confirmed by the Court to which an appeal from the order of conviction lies; and if the punishment be of whipping; until it is confirmed and executed, the convict shall be dealt with in the same manner as if sentenced to simple imprisonment.
 
 
 6[
5A.No case to be converted, lodged or registered under certain provisions:-
No complaint of zina under section 5 read with section 203A of the Code of Criminal Procedure, 1898 and no case where an allegation of rape is made shall at any stage be converted into a complaint of fornication under section 496A of the Pakistan Penal Code (Act XLV of 1860) and no complaint of lewdness shall at any stage be converted into a complaint of zina under section 5 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 (Ordinance No. VII of 1979) or an offence of similar nature under any other law for the time being in force.
 
] 6
 7[] 7
8.Proof of zina 8[] 8 liable to hadd.
Proof of zina  9[] 9 liable to hadd shall be in one of the following forms, namely:-
(a)the accused makes before a Court of competent jurisdiction a confession of the commission of the offence; or
(b)at least four Muslim adult male witnesses, about whom the Court is satisfied, having regard to the requirements of tazkiyah al-shuhood, that they are truthful persons and abstain from major sins (kabair), give evidence as eye-widnesses of the act of penetration necessary to the offence:
Provided that, if the accused is a non-Muslim, the eye-witnesses may be non-Muslims.
 
9.Case in which hadd shall not be enforced
(1)In a case in which the offence of zina 10[] 10 is proved only by the confession of the convict, hadd, or such part of it as is yet to be enforced, shall not be enforced if the convict retracts his confession before the hadd or such part is enforced.
 
(2)In a case in which the offence of zina 11[] 11 is proved only by testimony, hadd or such part of it as is yet to be enforced, shall not be enforced if any witness resiles from his testimony before hadd or such part is enforced, so as to reduce the number of eye-witnesses to less than four.
 
 12[] 12
 
 13[] 13
17.Mode of execution of punishment of stoning to death
The punishment of stoning to death awarded under section 5  16[] 16 shall be executed in the following manner, namely :-
Such of the witnesses who deposed against the convict as may be available shall start stoning him and, while stoning is being carried on, he may be shot dead, whereupon stoning and shooting shall be stopped.
 
 17[] 17
20.Application of Code of Criminal Procedure 1898 and amendment
(1)The provisions of the Code of Criminal Procedure, 1898, hereafter in this section referred to as the Code, shall apply, mutatis mutandis in respect of cases under this Ordinance:  18[] 18
 20[
Provided  21[] 21 that an offence punishable under this Ordinance shall be triable by a Court of Session and not by a Magistrate authorised under section 30 of the said Code and an appeal from an order the Court of Session shall lie to the Federal Shariat Court:
Provided further that a trial by a Court of Session under this Ordinance shall ordinarily be held at the headquarters of the Tehsil in which the offence is alleged to have been committed.
] 20
 
(2)The provision of the Code relating to the confirmation of the sentence of death shall apply, mutatis mutandis, to confirmation of sentences under this Ordinance.
 
 22[] 22
(4)The provision of sub-section (3) of section 391 or section 393 of the Code shall not apply in respect of the punishment of whipping awarded under this Ordinance.
 
 23[] 23
(6)In the Code, section 561 shall stand repealed.
 
 
21.Presiding Officer of Court to be Muslim.
The Presiding Officer of the Court by which a case is tried, or an appeal is heard, under this Ordinance shall be a Muslim:
Provided that, if the accused is a non-Muslim, the Presiding Officer may be a non-Muslim.
 
22.Saving
Nothing in this Ordinance shall be deemed to apply to the cases pending before any Court immediately before the commencement of this Ordinance, or to offences committed before such commencement.
 

Source:: Manual of Hudood Laws in Pakistan, Kausar Brothers, Law Publishers, Lahore

Notes

1   Inserted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 10(i).

2   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 10(ii) : :
(c)"marriage" means marriage which is not void according to the personal law or the parties, and "married" shall be construed accordingly;

3   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 10(ii) : :
(e)"tazir" means any punishment other than "hadd", and all other terms and expressions not defined in this Ordinance shall have the same meaning as the Pakistan Penal Code, or the Code of Criminal Procedure, 1898.

4   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 11 : :
3.Oridnance to override other Laws.
The provisions of this Ordinance shall have effect nothwithstanding anything contained in any other law for the time being in force.
 

5   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 12 : "validly".

6   Inserted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 12A.

7   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 13 : :
6.Zina bil Jabr
(1)A person is said to commit zina-bil-jabrif he or she has sexual inter-course with a woman or man, as the case may be, to whom he or she is not validly married, in any of the following circumstances, namely:-
(a)against the will of the victim;
(b)without the consent of the victim;
(c)with the consent of the victim, when the consent has been obtained by putting the victim in fear of death or of hurt; or
(d)with the consent of the victim , when the offender knows that the offender is not validly married to the victim and that the consent is given because the victim believes that the offender is another person to who the victim is or believes herself or himself to be validly married.
Explanation: Penetration is sufficient to constitute the sexual inter-course necessary to the offence of zina-bil-jabr.
 
(2)Zina-bil-jabr is zina-bil-jabr liable to hadd if it is committed in the committed in the circumstances specified in sub-section (1) of section 5.
 
(3)Whoever is guilty of zina-bil-jabr liable to hadd shall subject to the provisions of this Ordinance, -
(a)if he or she is a muhsan, be stoned to death at a public place; or
(b)if he or she is not muhsan, be punished with whipping numbering one hundred stripes, at a public place, and with such other punishment, including the sentence of death, as the Court may deem fit having regard to the circumstances of the case.
 
(4)No punishment under sub-section (3) shall be executed until it has been confirmed by the Court to which an appeal from the order of conviction lies; and if the punishment be of whipping until it is comfirmed and executed, the convict shal be dealt with in the same manner as if sentenced to simple imprisonment.
 
 
7.Punishment for Zina or zina-bil-jabr where convit is not an adult.
A person guilty of zina or zina-bil-jabr shall, if he is not an adult, be punished wiht imprisonment of either description for a term whic may extend to five years, or with fine, or with both, and may also be awarded the punishment of whipping not exceeding thirty stripes:
Provided that, in the case of zina-bil-jabr, if the offender is not under the age of fifteen years, the punishment of whipping shall be awarded with or without any other punishment.
 

8   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 14(ii) : "or zina-bil-jabr".

9   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 14(i) : "or zina-bil-jabr".

10   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 15(i) : "or zina-bil-jabr".

11   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 15(ii) : "or zina-bil-jabr".

12   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 15(iii) : :
(3)In the case mentioned in sub-section (1), the Court may order retrial.
 
(4)In the case mentioned in sub-section (2), the Court may award tazir on the basis of the evidence on record.
 

13   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 16 : :
10.Zina or zina-bil-jabr liable to tazir.
(1)Subject to the provisions of section 7, whoever commits zina or zina-bil-jabr which is not liable to hadd, or for which proof in either of the forms mentioned in section 8 is not available and the punishment of qazf liable to hadd has not been awarded to the complainant, or for which hadd may not be enforced under this Ordinance, shall be liable to tazir.
 
(2)Whoever commits zina liable to tazir shall be punished with rigorous imprisonment for a term which may extend to ten years and with whipping numbering thirty stripes, and shall also be liable to fine.
 
(3)Whoever commits zina-bil-jabr liable to tazir shall be punished with imprisonment for a term which  14[shall not be less than four years nor more than] 14 twenty-five years and shall also be awarded the punishment of whipping numbering thirty stripes.
 
 15[(4)When zina-bil-jabr liable to tazir is committed by two or more persons in furtherance of common intention of all each of such persons shall be punished with death.] 15
 
 
11.Kidnapping, abducitng or inducing women to compel for marriage etc. 
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit inter-course, or knowing it to be likely that she will be forced or seduced to illicit inter-course, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine; and whoever by means of criminal intimidation as defined in the Pakistan Penal Code, or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit inter-course with another person shall also be punishable as aforesaid.
 
12.Kidnapping or abducting in order to subject person to unnatural lust.
Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to the unnatural list of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with death or rigorous imprisonment for a term which may extend to twenty-five years, and shall also be liable to fine, and, if the punishment be one of imprisonment, shal also be awarded the punishment of whipping not exceeding thirty stripes.
 
13.Selling person for purposes of prostitution, etc.
Whoever sells, lets to hire, or otherwise disposes of any person with intent that such person shall at any time by employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine.
Explanations:
(a)When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
(b)For the purposes of this section and section 14 "illicit intercourse" means sexual inter-course between persons not united by marriage.
 
14.Buying a person for purposes of prostitution, etc.
Whoever buys, hires or otherwise obtains possession of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine.
Explanation: Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains posession of a female shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
 
15.Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that belief, shall be punished with rigorous imprisonment for a term which may extend to twenty-five years and with whipping not exceeding thirty stripes, and shall also be liable to fine.
 
16.Enticing or taking away or detaining with criminal intent a woman
Whoever takes or entices away any woman with intent that she may have illicit inter-course with any person, or conceals or detains with intent any woman, shall be punished with imprisonment of either description for a term which may extend to seven years and with whipping not exceeding thirty stripes, and shall also be liable to fine.
 

14   Substituted by Criminal Laws (Amendment) Ordinance, 1980 (Ordinance III of 1980), Section 14 for : "may extend to".

15   Inserted by Offence of Zina (Enforcement of Hudood) (Amdendment) Act, 1997.

16   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 17 : "or section 6".

17   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 16 : :
18.Punishment for attempting to commit an offence
Whoever attempts to commit an offence punishable under this Ordinance with imprisonment or whipping, or to cause such an offence to be committed, and in such atttempt does any act towards the commission of the offence, shall be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with whipping not exceeding thirty stripes, or with such fine as is provided for the offence, or with any two of, or all, the punishments.
 
19.Application of certain provisions of Pakistan Penal Code, and amendment.
(1)Unless otherwise expressly provided in this Ordinance, the provisions of sections 34 to 38 of Chapter II, sections 63 to 72 of Chapter III and Chapters V and VA or the Pakistan Penal Code shall apply, mutatis mutandis, in respect of offences under this Ordinance.
 
(2)Whoever is guilty of the abetment of an offence liable to hadd under this Ordinance shall be liable to the punishment provided for such offence as tazir.
 
(3)In the Pakistan Penal Code, -
(a)section 366, section 372, section 373, section 375 and section 376 of Chapter XVI and section 493, section 497 and section 498 of Chapter XX shall stand repealed; and
(b)in section 367, the words and comma "or to the unnatural lust of any person," shall be omitted.
 
 

18   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 18(i) : :
Provided that, if it appears in evidence that the offender has committed a different offence under any other law, he may, if the Court is competent to try that offence and award punishment therefor, be convicted and punished for that offence 19[:] 19

19   Substituted by Offence of Zina (Enforcement of Hudood) (Amendment) Ordinance, 1980 (Ordinance XX of 1980), Section 2 for : ".".

20   Inserted by Offence of Zina (Enforcement of Hudood) (Amendment) Ordinance, 1980 (Ordinance XX of 1980).

21   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 18(i) : "further".

22   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 18(ii) : :
(3)The provisions of section 198, section 199, section 199A or section 199B of the Code shall not apply to the cognizance of an offence punishable under section 15 or section 16 of this Ordinance.
 

23   The following was omitted by Protection of Women (Criminal Laws Amendment) Act, 2006 (Act VI of 2006), Section 18(iii) : :
(5)The provisions of Chapter XXIX of the Code shall not apply in respect of punishments awarded under section 5 or section 6 of this Ordinance.
 

Saturday, 17 January 2015

PUNJAB SERVICE TRIBUNALS (AMENDMENT) ACT, 2013

ACT XVII OF 2013
An Act further to amend the Punjab Service Tribunals Act, 1974
[Gazette of Punjab, Extraordinary, 21st August, 2013]
No. PAP-Legis-2(02)/2013/931.--The Punjab Service Tribunals (Amendment) Bill 2013, having been passed by the Provincial Assembly of the Punjab on 15 August 2013, and assented to by the Governor of the Punjab on 21 August 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.
Whereas it is expedient further to amend the Punjab Service Tribunals Act, 1974 (IX of 1974) for purposes hereinafter appearing;
It is enacted as follows:--
1.       Short title and commencement.--(1) This Act may be cited as the Punjab Service Tribunals (Amendment) Act, 2013.
(2)  It shall come into force with effect from 22 July 2013.
2.  Amendment in Section 3 of Act IX of 1974.--In the Punjab Service Tribunals Act, 1974 (IX of 1974), hereinafter referred to as the said Act, in Section 3--
(a)      for sub-sections (3) and (4), the following shall be substituted--
          "(3)    A Tribunal shall consist of--
          (a)      the Chairman, being a person who has been or is qualified to be a Judge of the High Court and is not more than sixty three years of age on the date of appointment; and
          (b)      such number of Members as the Government may determine, and a Member shall be a person who is--
                   (i) a District Judge; or
                   (ii)            in the service of Pakistan of the rank of Secretary to the Government (or equivalent) and who has performed quasi-judicial functions or functions relating to service matters of civil servants; or
                   (iii) a person qualified for appointment as Judge of a High Court, in case the persons mentioned at (i) and (ii) above are not available.
(4)  Subject to this section, the Governor shall, in consultation with the Chief Justice of Lahore High Court, in the manner mentioned hereinafter, appoint the Chairman and the Members on such terms and conditions as may be prescribed and, until so prescribed, as the Government may determine.
(4a)  In case of appointment of the Chairman, the Government shall send a panel of three persons to the Chief Justice of Lahore High Court and the Chief Justice shall recommend a person in the panel for appointment as Chairman.
(4b)  In the case of appointment of a Member--
(i)      for a position mentioned in Section 3(b)(i), Chief Justice of Lahore High Court, on a requisition from the Government, shall send a panel of two District Judges to the Government and the Government shall select one of the names for appointment as Member;
(ii)     for a position mentioned in Section 3(b)(ii), the Government shall send a panel of two persons to Chief Justice of Lahore High Court and the Chief Justice shall recommend a person in the panel for appointment as Member; and
(iii)    for a position mentioned in Section 3(b)(iii), the Government shall send a panel of two persons to the Chief Justice of Lahore High Court and the Chief Justice shall recommend a person in the panel for appointment as Member."
3.       Amendment in Section 3-A of Act IX of 1974.--In the said Act, in Section 3-A, for sub-section (1), the following shall be substituted:--
"(1)    Notwithstanding anything contained in Section 3, the Chairman may constitute a Bench consisting of one or more Members including the Chairman but a Bench, other than a Bench consisting of the Chairman, shall include at least one Member with legal or judicial experience and the Bench so constituted shall be deemed to be a Tribunal:
          Provided that where a single Member Bench is to be constituted, preference shall be given to the Member having legal or judicial experience."
4.       Insertion of Section 6 in Act IX of 1974.--In the said Act, after Section 5, the following Section 6 shall be inserted:--
“6.  Removal of the Chairman or a Member.--(1) The Government may remove the Chairman or relieve a Member, during the tenure of his office, on the ground of misconduct or, physical or mental incapacity.
(2)  The Government shall, before removing or relieving the Chairman or the Camber, provide an opportunity of hearing to the Chairman or the Member.
(3)  The Chairman or the Member may, within fifteen days from the date of the order of removal or relieving, prefer an appeal before the Lahore High Court.
(4)  The appeal mentioned in sub-section (3) shall be heard and decided by a Division Bench of Lahore High Court within thirty days and if the High Court fails to decide the appeal within thirty days of filing the appeal, the appeal shall abate and the decision of the Government shall become final.
(5)  Without prejudice to any other action under the law, the Government shall communicate to the appointing authority the circumstances in which the Chairman or the Member was relieved before the expiry of the term of three years and the appointing authority may take appropriate necessary action under the law."
5.       Insertion of Section 7 in Act IX of 1974.--In the said Act, after Section 6, the following Section 7 shall be inserted:--
"7. Financial Powers.--(1) The Chairman shall be the Principal Accounting Officer of the Tribunal.
(2)  The Chairman may re-appropriate funds from one head of account to another head of account or sanction expenditure from within the budget allocated to the Tribunal and approval of the Government for the purpose shall not be required."
6.  Omission of Section 10 of Act IX of 1974.--In the said Act, Section 10 shall be omitted.
7.  Amendment of Section 11 of Act IX of 1974.--In the said Act, for Section 11, the following Section 11 shall be substituted:--
"11.  Rules.--The Government may, by notification in the official Gazette, may make rules for carrying out the purposes of this Act, including the rules for purposes of implementation of the decisions of the Tribunal."
8.  Omission of Section 12 of Act IX of 1974.--In the said Act, Section 12 shall be omitted.
9.  Omission of Schedules of Act IX of 1974.--In the said Act, the First Schedule and the Second Schedule shall be omitted.
10.  Transition.--(1) Immediately after the commencement of this Act, the Government shall, by notification, constitute a Committee consisting of at least three persons to review the cases of the incumbent Chairman and the Members.
(2)  If the Committee is of opinion that the incumbent Chairman or any Member is not qualified under this Act, it shall refer the matter to the Government for termination of his contract with immediate effect and the Government shall act accordingly.
(3)  If the Committee is of opinion that the incumbent Chairman or any Member is qualified under this Act, he may continue to serve for the remaining term of three years subject to consultation with Chief Justice of Lahore High Court.
(4)  If the Committee is of opinion that the incumbent Chairman or any Member is qualified under this Act and was appointed in consultation with the Chief Justice of Lahore High Court, he may, subject to the said Act, continue to serve for the remaining term of three years.
(5)  Notwithstanding the upper age limit but subject to other provisions of this section and the said Act, the incumbent Chairman may complete his term of three years."
-----------------------
ACT XIX OF 2013
PUNJAB ANIMALS SLAUGHTER CONTROL (AMENDMENT) ACT, 2013
An Act further to amend the Punjab Animals Slaughter Control Act, 1963
[Gazette of Punjab, Extraordinary, 27th August 2013]
No. PAP-Legis-2(06)/2013/933.--The Punjab Animals Slaughter Control (Amendment) Bill, 2013, having been passed by the Provincial Assembly of the Punjab on 19 August 2013, and assented to by the Governor of the Punjab on 26 August 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.
Preamble.--Whereas it is expedient further to amend the Punjab Animals Slaughter Control Act, 1963 (III of 1963) for purposes hereinafter appearing;
It is enacted as follows;--
1.  Short title and commencement.--(1) This Act may be cited as the Punjab Animals Slaughter Control (Amendment) Act, 2013.
(2)  It shall come into force at once.
2.  Amendment in Section 2 of Act III of 1963.--In the Punjab Animals Slaughter Control Act, 1963 (III of 1963), in Section 2, for clause (a), the following shall be substituted:--
"(a)    "animal" means a bull, bullock, buffalo, buffalo-bull, camel, cow, goat, ostrich, sheep or any other halal animal of any age domesticated in captivity;"
----------------------

ACT XX OF 2013
PUNJAB BOILERS AND PRESSURE VESSELS (AMENDMENT) ACT, 2013
An Act to amend the Boilers and Pressure Vessels Ordinance 2002.
[Gazette of Punjab, Extraordinary, 3rd September, 2013]
No.PAP-Legis-2(05)/2013/937.-The Punjab Boilers and Pressure Vessels (Amendment) Bill, 2013, having been passed by the Provincial Assembly of the Punjab on 22 August 2013, and assented to by the Governor of the Punjab on 3 September 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.
Preamble.--Whereas it is expedient to amend the Boilers and Pressure Vessels Ordinance, 2002 (CXXI of 2002) for purposes hereinafter appearing;
It is enacted as follows:--
1.       Short title and commencement.--(1) This Act may be cited as the Punjab Boilers and Pressure Vessels (Amendment) Act, 2013.
(2)  It shall come into force at once.
2.       Amendments in Ordinance CXXI of 2002.--In the Boilers and Pressure Vessels Ordinance 2002 (CXXI of 2002), hereinafter referred to as the said Ordinance--
(a)      for the words "Federal Government", wherever occur, the word "Government" shall be substituted; and
(b)     for the words "Provincial Government", wherever occur, the word "Government" shall be substituted.
3.       Amendment in Section 1 of Ordinance CXXI of 2002.--In the said Ordinance, in Section 1, in sub-section (2), for the word "Pakistan", the words "the Punjab" shall be substituted.
4.       Amendment in Section 2 of Ordinance CXXI of 2002.--In the said Ordinance, in Section 2, in sub-section (1)--
(a)      in clause (c), for the word "Federal", the word "Punjab" shall be substituted;
(b)     for clause (f), the following shall be substituted:--
          "(f)     "Department" means the Industries Department of the Government charged with the enforcement of this Ordinance;"; and
(c)      after clause (h), the following clause (hh) shall be inserted:--
          "(hh)  "Government" means Government of the Punjab;".
5.       Substitution of Section 3 of Ordinance CXXI of 2002.--In the said Ordinance, for Section 3, the following shall be substituted:--
“3. Limitation of application of this Ordinance.--(1) Nothing in this Ordinance shall apply to--
(a)      any boiler in any steamship or in any mechanically propelled vessel;
(b)     any boiler appertaining to a sterilizer or disinfector and the like used in hospitals, hotels, laboratories and other industries etc, if it does not exceed ninety one liters in capacity;
(c)      any boiler used in relation to the nuclear energy; and
(d)     any boiler or steam-pipe, belonging to or under the control of railway.
(2)  The Government may, by notification in the official Gazette and for reasons to be recorded in writing, declare that provisions of this Ordinance shall not apply in the case of any specified class of boilers or steam-pipes."
6.       Amendment in Section 6 of Ordinance CXXI of 2002.--In the said Ordinance, in Section 6, for clause (b), the following shall be substituted:--
"(b)    in case of any boiler which has been transferred from another Province or territory until it is registered under this Ordinance;"
7.       Amendment in Section 10 of Ordinance CXXI of 2002.--In the said Ordinance, in Section 10, in sub-section (2), for the words "a Federal emergency", the words "an emergency" shall be substituted.
8.       Substitution of Section 25 of Ordinance CXXI of 2002.--In the said Ordinance, for Section 25, the following shall be substituted:-
“25.  Punjab Boiler and Pressure Vessels Safety Board.--(1) The Government shall constitute a Board to be called the Provincial Boilers and Pressure Vessels Safety Board for the purposes of this Ordinance which shall consist of the following members:--
(a)      Director Industries of the Government who shall be the Chairperson of the Board;
(b)     an officer not below the rank of Deputy Secretary of the Department;
(c)      Chief Inspector and two Deputy Chief Inspectors nominated by the Government; Chief Inspector shall be the Secretary of the Board;
(d)     one member to be nominated by the Lahore Chamber of Commerce and Industry;
(e)      two members from the manufacturers of boilers and pressure vessels to be nominated by the Government;
(f)      two members from users of boilers and pressure vessels to be nominated by the Government; and
(g)     one member from the insurance companies to be nominated by the Government.
(2)  The Board may regulate its own procedure and the conduct of business to be transacted by it, the constitution of committees and sub-committees of members and the delegation to them of any of the powers and functions of the Board."
9.       Substitution of Section 26 of Ordinance CXXI of 2002.--In the said Ordinance for Section 26, the following shall be substituted:--
"26.  Ad hoc Technical Committee.--(1) The Government shall constitute a committee to be called the Ad hoc Technical Committee to execute assignments advised by the Board.
(2)  The Ad hoc Technical Committee shall consist of the following members;--
(a)      Chairperson to be nominated by the Government on the advice of the Board;
(b)     one Deputy Director from the Directorate of Industries of the Government;
(c)      one member to be nominated by the Federal Chamber of Commerce and Industry, Islamabad;
(d)     one member to be nominated by the Lahore Chamber of Commerce and Industry;
(e)      one member from the manufacturers of boilers and pressure vessels to be nominated by the Government;
(f)      one member from insurance companies to be nominated by the Board;
(g)     one member from users of boiler and pressure vessels to be nominated by the Government; and
(h)     Chief Inspector who shall be the Secretary of the Committee."
10.  Substitution of Section 27 of Ordinance CXXI of 2002.--In the said Ordinance, for Section 27, the following shall be substituted:-
"27.  Filling of vacancies.--The Government shall, within sixty days from the date of occurrence of a vacancy, fill the vacancy in the Board or Ad hoc Technical Committee under Section 25 or Section 26."
11.  Substitution of Section 34 of Ordinance CXXI of 2002.--In the said Ordinance, for Section 34, the following shall be substituted:-
“34.  Application of the Ordinance to the Governments.--Save as otherwise expressly provided, this Ordinance shall be applicable to boilers and pressure vessels belonging to the Government, Federal Government, local government or any other Provincial Government."
---------------------------
ACT XXI OF 2013
PUNJAB POLICE ORDER (AMENDMENT)
ACT, 2013
An Act to amend the Police Order, 2002.
[Gazette of Punjab, Extraordinary, 11th September, 2013]
No.PAP-Legis-2(07)/2013/940.--The Punjab Police Order (Amendment) Bill, 2013, having been passed by the Provincial Assembly of the Punjab on 29 August 2013, and assented to by the Governor of the Punjab on 10 September 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.
Whereas it is expedient to amend the Police Order, 2002 (C.E. Order No. 22 of 2002) for purposes hereinafter appearing;
It is hereby enacted as follows:--
1.       Short title and commencement.--(1) This Act may be cited as the Punjab Police Order (Amendment) Act, 2013.
(2)  It shall come into force at once.
2.       Amendments in Article 7 of Order No. 22 of 2002.--In the Police Order, 2002 (C.E. Order No. 22 of 2002), hereinafter referred to as the said Order, in Article 7--
(a)      for clause (3), the following shall be substituted:--
          "(3) The recruitment in the police other than ministerial and specialist cadres shall be in the rank of Constable, Sub-Inspector and Assistant Superintendent of Police.";
(b)     after clause (3), the following clauses (3a), (3b) and (3c) shall be inserted:--
          "(3a) The selection for direct recruitment in the rank of Constable shall be made on the basis of district of domicile.
          (3b) The selection for direct recruitment in the rank of Sub-Inspector shall be made through Punjab Public Service Commission on the basis of police region in which district of domicile of the candidate is located and shall not exceed fifty percent of total posts in the rank of Sub-Inspector.
          (3c) Subject to the rules--

          (a)      twenty-five percent of the quota reserved for departmental promotion to the rank of Sub-Inspector shall be filled through selection-on-merit by Punjab Public Service Commission from amongst police officers holding bachelor's degree in the rank of Head Constable and Assistant Sub-Inspector; and
          (b)      twenty-five percent departmental promotions to the rank of Assistant Sub-Inspector shall be made through selection-on-merit by Punjab Public Service Commission from amongst police officers holding bachelor's degree in the rank of Constable and Head Constable."; and
(c)      clause (5) shall be omitted.
3.  Substitution of Article 18 of Order No. 22 of 2002.--In the said Order, for Article 18, the following shall be substituted:--
"18.  Separation of investigation function.--(1) There shall be separation of investigation from other functions of the Police.
(2)  Subject to clause (3), the District Investigation Branch shall investigate, under the supervision of the Head of District Investigation Branch, all cases registered in the District.
(3)  The Provincial Police Officer may notify the offences which shall be investigated by the Investigaton Officer in the police station under the supervision of the officer-in-charge of the police station and if an offence in a case is required to be investigated by the District Investigation Branch then the entire case shall be investigated by the District Investigation Branch.
(4)  The District Investigation Branch, other than in the Capital City District or a City District, shall be headed by a police officer not below the rank of a Superintendent of Police and shall consist of such other police officers as the Provincial Police Officer may determine.
(5)  In the Capital City District and a City District, the District Investigation Branch shall be headed by a police officer not below the rank of Deputy Inspector General of Police and Senior Superintendent of Police respectively and shall consist of such other police officers as the Provincial Police Officer may determine.
(6)  In order to institute functional specialization in each District, the Provincial Police Officer shall determine the investigation organization and jurisdictions, as and when required, at the level of the District, City District, Capital City District or a division within a City District or the Capital City District.
(7)  The members of District Investigation Branch shall not form part of any police station and, as far as possible, the District Investigation Branch shall comprise several specialized wings, each wing being responsible for investigation of one or more types of cases.
(8)  The Head of District Investigation Branch shall be directly responsible to the Head of District Police.
(9)  The supervisory officers--
(a)      shall ensure timely completion and verification of investigation; and
(b)     may summon the Investigaton Officer or team of officers, review the case file, evaluate the evidence and, in that case, shall issue instructions to the Investigaton Officer or team of officers in the form of case diary.
(10)  A supervisory officer not below the rank of a Deputy Superintendent of Police may verify the correctness of the investigation and accuracy of conclusions of investigation by writing a case diary before submission of report in the Court.
(11)  An officer-in-charge of the police station shall, immediately after receiving information of an offence, inform the District Investigation Branch of the offence which is required to be investigated by the District Investigation Branch.
(12)  If the Head of District Investigation Branch is of the opinion that a case under investigation with the District Investigation Branch is not in its jurisdiction, he shall, under intimation to the Head of District Police, send the case for further investigation to the officer-in-charge of the police station.
(13)  If the officer-in-charge of the police station is, for reasons to be recorded, of the opinion that a case under investigation by the police station staff is required to be investigated by the District Investigation Branch, he shall, under intimation to the Head of District Police, send the case for further investigation to the District Investigation Branch.
(14)  Except in case of an emergency notified by the Provincial Police Officer for a specified period, the members of District Investigation Branch shall not be employed for duties other than investigation."
4.       Insertion of Article 18-A in Order No. 22 of 2002.--In the said Order, after Article 18, the following Article 18-A shall be inserted:--
"18-A. Transfer of investigation.--(1) Within seven working days of the filing of an application, the Head of District Police may, after obtaining opinion of the District Standing Board and for reasons to be recorded in writing, transfer investigation of a case from the Investigaton Officer to any other Investigaton Officer or a team of Investigaton Officers of a rank equal to or higher than the rank of the previous Investigaton Officer.
(2)  If the Head of District Police has decided an application for transfer of investigation, the Regional Police Officer may, within seven working days of the filing of an application, after obtaining opinion of the Regional Standing Board and for reasons to be recorded in writing, transfer investigation of a case from the Investigaton Officer or a team of Investigaton Officers to any other Investigaton Officer or a team of Investigaton Officers of a rank equal to or higher than the rank of the previous Investigaton Officer or officers.
(3)  If a Regional Police Officer has decided an application for transfer of an investigation, the Provincial Police Officer may within thirty days of filing of an application, after obtaining opinion of a Standing Review Board, transfer investigation of a case to an Investigaton Officer or a team of Investigaton Officers of a rank equal to or higher than the rank of the previous Investigaton Officer or officers.
(4)  A case under investigation with a District Investigation Branch may only be transferred to another officer or a team of officers of the District Investigation Branch, Regional Investigation Branch or Provincial Investigation Branch.
(5)  For the purpose of this Article--
(a)      `District Standing Board' means the District Standing Board constituted by the Head of District Police consisting of a Superintendent of Police as chairperson and two officers not below the rank of Deputy Superintendent of Police as members;
(b)     'Regional Standing Board’ means the Regional Standing Board constituted by the Regional Police Officer consisting of a Superintendent of Police as chairperson and two Superintendents of Police as members;
(c)      'Standing Review Board’ means the Standing Review Board constituted by the Provincial Police Officer consisting of a Deputy Inspector General of Police as chairperson and two officers not below the rank of Superintendent of Police as members; and
(d)     reference to Head of District Police and Regional Police Officer in the case of Capital City District shall be construed to mean the Head of District Investigation Branch of the Capital City and the Capital City Police Officer, respectively."
5.       Amendment in Article 21 of Order No. 22 of 2002.--In the said Order, in Article 21, in clause (4)--
(a)      after the word "Inspector", the words "or Sub-Inspector" shall be inserted; and
(b)     in the proviso, after the word "Inspectors", the words "or Sub-Inspectors" shall be inserted.
6.       Omission of Article 184 of Order No. 22 of 2002.--In the said Order, Article 184 shall be omitted.
7.       Repeal.--The Punjab Police Order (Amendment) Ordinance, 2013 (II of 2013) is hereby repeated.
--------------------
ACT, XXII OF 2013
MUHAMMAD NAWAZ SHAREEF UNIVERSITY OF AGRICULTURE MULTAN ACT, 2013
An Act to provide for the establishment of Muhammad Nawaz Shareef University of Agriculture Multan
[Gazette of Punjab, Extraordinary, 11th September, 2013]
No. PAP-Legis-2(04)/2013/941.--The Muhammad Nawaz Shareef University of Agriculture Multan Bill, 2013, having been passed by the Provincial Assembly of the Punjab on 29 August 2013, and assented to by the Governor of the Punjab on 10 September 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.
Preamble.--Whereas it is expedient to provide for the establishment of Muhammad Nawaz Shareef University of Agriculture Multan and for ancillary matters;
It is enacted as follows:--
CHAPTER I
PRELIMINARY
1.       Short title and commencement.--(1) This Act may be cited as the Muhammad Nawaz Shareef University of Agriculture Multan Act, 2013.
(2)  It shall come into force at once.
2.       Definitions.--In this Act--
(a)      "Academic Council" means the Academic Council of the University;
(b)     "affiliated college" means a college or institute affiliated with the University;
(c)      "Authority" means an Authority of the University;
(d)     "chairperson" means the head of a department, principal of a constituent college or director of an institute;
(e)      "Chancellor" means the Chancellor of the University;

(f)      "Commission" means the Higher Education Commission set up under the Higher Education Commission Ordinance, 2002 (LIII of 2002);
(g)     "constituent college" means a college maintained and administered by the University;
(h)     "Controller of Examinations" means Controller of Examinations of the University;
(i)      "Dean" means the head of a faculty of the University;
(j)      "department" means a teaching department maintained and administered by the University in the prescribed manner;
(k)     "faculty" means an administrative and academic unit of the University consisting of one or more departments, institutes or constituent colleges;
(l)      "Government" means Government of the Punjab;
(m)    "institute" means an institute established, maintained and administered by the University;
(n)     "prescribed" means prescribed by the rules, statutes or regulations;
(o)     "Pro-Chancellor" means Pro-Chancellor of the University;
(p)     "Pro-Vice Chancellor" means Pro-Vice Chancellor of the University;
(q)     "Registrar" means Registrar of the University;
(r)      "statutes", "regulations" and "rules" respectively mean the statutes, regulations and rules made under the Act;
(s)      "Syndicate" means the Syndicate of the University;
(t)      "teacher" includes a Professor, Associate Professor, Assistant Professor, Lecturer, Teaching Assistant, Demonstrator and Instructor engaged whole-time by the University and such other persons as may be prescribed;
(u)     "Treasurer" means Treasurer of the University;
(v)     "University" means Muhammad Nawaz Shareef University of Agriculture Multan; and
(w)     "Vice Chancellor" means Vice Chancellor of the University.
CHAPTER II
THE UNIVERSITY
3.       Incorporation.--(1) There shall be established at Multan a University to be called Muhammad Nawaz Shareef University of Agriculture in accordance with the provisions of this Act.
(2)     The University shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and shall, by the aforesaid name, sue and be sued.
(3)     The Government may, by notification, affiliate any of its postgraduate and degree colleges with the University.
(4)     The University may, with the approval of the Government, open and administer a sub-campus of the University.
(5)     The University shall consist of the following:--
(a)      Chancellor;
(b)     Pro-Chancellor;
(c)      Vice Chancellor;
(d)     Pro-Vice Chancellor;
(e)      members of an Authority;
(f)      chairpersons and Deans;
(g)     teachers and students of the University; and
(h)     officers and members of the staff of the University.
4.       Functions of the University.--(1) The University shall—
(a)      provide for education in various faculties of agriculture and such other branches of knowledge as it may deem fit, and make provisions for research in agriculture, service to the society and for the application, advancement and dissemination of knowledge in such manner as it may determine;
(b)     establish, maintain and administer a department, constituent college or an institute;
(c)      establish and support other facilities for education, training and research;
(d)     prescribe courses of studies;
(e)      decide teaching methods and strategies in order to ensure the most effective educational and training programmes;
(f)      hold examinations in the prescribed manner and, if a person qualifies the examination, award degree, diploma, certificate and other academic distinction to the person;
(g)     prescribe the terms and conditions of employment of the officers, teachers and other employees of the University;
(h)     engage, where necessary, a person on contract for a specified duration and to specify the terms of the engagement;
(i)      provide career counselling and job search services to the students and alumni;
(j)      maintain linkages with alumni;
(k)     provide and support the academic development of the faculty of the University;
(l)      confer degree on a person who has successfully conducted research in the prescribed manner;
(m)    institute Professorship, Associate Professorship, Assistant Professorship and Lectureship or any other post and may appoint a person on the post;
(n)     create a post for research, extension, administration or other related purposes and appoint a person to the post;
(o)     institute and award financial assistance to students in need, fellowships, scholarships, bursaries, medals and prizes in the prescribed manner;
(p)     provide for the residence of the students, establish and maintain halls of residence and may approve or licence a hostel, lodging or boarding place;
(q)     maintain order, discipline and security in a campus of the University;
(r)      promote extracurricular and recreational activities of the students and make arrangements for promoting health and general welfare of the students;
(s)      demand and receive such fees and other charges as it may determine; and
(t)      perform any other prescribed or ancillary function.
(2)     The University may--
(a)      institute programmes for the exchange of students and teachers between the University and any other university, educational institution or research organization;
(b)     develop and implement fund-raising plans;
(c)      accept an examination and the period of study spent by a student of the University at any other university or place of learning equivalent to an examination or period of study of the University and may withdraw such acceptance;
(d)     cooperate with a public authority, university or private organization in the prescribed manner;
(e)      make provision for research, advisory or consultancy services and enter into arrangements with any other institution, public or private body, commercial or industrial enterprise in the prescribed manner;
(f)      receive and manage property transferred and grants, contributions made to the University and to invest any fund in the manner as it may deem fit;
(g)     print and publish research or work;
(h)     admit any college or other educational institution to its privileges or withdraw such privileges in the prescribed manner;
(i)      affiliate or disaffiliate a college or any other educational institution in the prescribed manner; and
(j)      exercise any power ancillary to the above powers or as may be prescribed.
5.  University to be open to all classes and creeds.--The University shall be open to all persons irrespective of their religion, race, creed, class, gender or color and the University shall not deny its privileges to a person on any such ground.
6.       Jurisdiction.--The jurisdiction of the University shall extend to the Province of the Punjab.
CHAPTER III
OFFICERS OF THE UNIVERSITY
7.       Officers of the University.--The following shall be the officers of the University:--
(a)      Chancellor;
(b)     Pro-Chancellor;
(c)      Vice Chancellor;
(d)     Pro-Vice Chancellor;
(e)      Deans;
(f)      Chairpersons;
(g)     Registrar;
(h)     Treasurer;
(i)      Controller of Examinations;
(j)      Librarian; and
(k)     such other persons as may be prescribed.
8.       Chancellor.--(1) The Governor of the Punjab shall be the Chancellor of the University.
(2)     The Chancellor or a nominee of the Chancellor shall preside at convocation of the University.
(3)     The University may, subject to prior approval of the Chancellor, confer an honorary degree.
(4)     Subject to this Act, the Chancellor may approve the draft statutes submitted by the Syndicate or refer the statutes back to the Syndicate for reconsideration.
(5)     In the performance of functions under the Act, the Chancellor shall act and shall be bound in the same manner as the Governor of a Province acts and is bound under clause (1) of Article 105 of the Constitution of the Islamic Republic of Pakistan.
9.       Inspection and inquiry.--(1) The Chancellor may direct inspection or inquiry into the affairs of the University.
(2)     The Chancellor shall convey the views with regard to the result of the inspection or inquiry to the Syndicate and may, after ascertaining the views of the Syndicate, recommend any remedial action to the Syndicate.
(3)     The Syndicate shall, within the time specified by the Chancellor, submit report to the Chancellor about the action taken on the recommendation of the Chancellor.
(4)     If the Syndicate fails to take action to the satisfaction of the Chancellor within the specified time, the Chancellor may issue such direction as the Chancellor deems appropriate and the Syndicate shall comply with the direction.
(5)     The Chancellor may set aside a decision or action of the Syndicate, which, in the opinion of the Chancellor, is against the law, interest or academic excellence of the University, national integrity, religious or cultural ideology.
10.     Pro-Chancellor.--(1) Minister for Agriculture of the Government shall be the Pro-Chancellor of the University.
(2)  The Pro-Chancellor shall perform functions under this Act and exercise such powers of the Chancellor, except the powers under Section 9, as may be prescribed or assigned to him by the Chancellor.
11.     Vice Chancellor.--(1) A person who is eligible and who is not more than sixty five years of age on the last date fixed for submission of applications for the post of Vice Chancellor may apply for the post.
(2)     The Government shall determine, by notification in the official Gazette, the qualifications, experience and other relevant requirements for the post of the Vice Chancellor.
(3)     The Government shall constitute, for a term of two years, a Search Committee consisting of not less than three and not more than five members for making recommendations for appointment of the Vice Chancellor.
(4)     The Search Committee shall follow such procedure and criteria for search or selection of the panel of persons for the post of the Vice Chancellor as the Government may, by notification, determine.
(5)     The Search Committee shall recommend to the Government, in alphabetical order, a panel of three persons who; in its opinion, are suitable for appointment as the Vice Chancellor.
(6)     The Chancellor shall appoint the Vice Chancellor for a term of four years but he shall serve during the pleasure of the Chancellor.
(7)     The Government shall determine the terms and conditions of service of the Vice Chancellor.
(8)     The incumbent Vice Chancellor shall not be allowed any extension in his tenure but subject to eligibility he may again compete for the post of the Vice Chancellor in accordance with the procedure prescribed by or under this section.
(9)     If the office of the Vice Chancellor is vacant or the Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Pro-Vice Chancellor shall perform the functions of the Vice Chancellor but, if at any time, the office of Pro-Vice Chancellor is also vacant or the Pro-Vice Chancellor is absent or is unable to perform the functions of the Vice Chancellor owing to any cause, the Chancellor shall make such temporary arrangements for the performance of the duties of the Vice Chancellor as he may deem fit.
12.  Powers of the Vice Chancellor.--(1) Subject to this Act, the Vice Chancellor shall be the chief executive officer of the University and shall ensure that the provisions of the Act, statutes, regulations and rules are faithfully observed.
(2)     The Vice Chancellor may attend a meeting of any Authority or body of the University.
(3)     Subject to such conditions as may be prescribed, the Vice Chancellor may, in an emergency, take an action which is not otherwise in the competence of the Vice Chancellor but is within the competence of any Authority.
(4)     The Vice Chancellor shall, within seven days of taking an action under sub-section (3), submit a report of the action taken to the Pro-Chancellor and to the members of the Syndicate and the Syndicate shall, within forty five days of such an action of the Vice Chancellor, pass such order as the Syndicate deems appropriate.
(5)     Subject to the general supervision and control of the Syndicate, the Vice Chancellor may--
(a)      direct a teacher, officer or other employee of the University to take up such assignment in connection with examination, administration or any other activity in relation to the University;
(b)     sanction by re-appropriation an amount for an unforeseen item not provided for in the budget of the University;
(c)      make appointments of such categories of employees of the University and in such manner as may be prescribed;
(d)     take disciplinary action against a teacher, officer or any other employee of the University in the prescribed manner;
(e)      delegate, subject to such conditions as may be prescribed, any of his powers to a teacher or officer of the University; and
(f)      exercise such other powers as may be prescribed or as may be assigned by the Syndicate.
(6)     The Vice Chancellor shall prepare an annual report containing information as regards the preceding academic year including disclosure of all relevant facts pertaining to academics, research, administration and finances of the University.
(7)     The Vice Chancellor shall, within three months of the end of an academic year, submit the annual report of the University to the Syndicate.
13.  Pro-Vice Chancellor.--(1) The Chancellor shall nominate the Pro-Vice Chancellor of the University from amongst three senior most Professors of the University for a term of three years.
(2)     The Pro-Vice Chancellor shall perform such functions as may be assigned to him under this Act, statute or regulations.
(3)     The Syndicate or the Vice Chancellor may assign any function to the Pro-Vice Chancellor in addition to his duties as Professor.
14.  Registrar.--(1) The Syndicate shall, on the recommendation of the Vice Chancellor, appoint a Registrar in such manner and on such terms and conditions as may be prescribed.
(2)     The Syndicate shall not appoint a person as Registrar unless he possesses the proscribed qualifications and experience.
(3)     The Registrar shall be a full-time officer of the University and shall--
(a)      be the administrative head of the secretariat of the University and be responsible for the provision of secretarial support to the Syndicate and the Vice Chancellor;
(b)     be the custodian of the common seal and the academic records of the University;
(c)      maintain a register of the students and graduates in the prescribed manner;
(d)     supervise the process of election, appointment or nomination of a member to an Authority or body of the University in the prescribed manner; and
(e)      perform such other duties as may be prescribed.
(4)  The Registrar shall hold office for a term of three years.
15.  Treasurer.—(1) The Syndicate shall, on the recommendation of the Vice Chancellor, appoint a Treasurer in such manner and on such terms and conditions as may be prescribed.
(2)     The Syndicate shall not appoint a person as Treasurer unless he possesses the prescribed qualifications and experience.
(3)     The Treasurer shall be the chief financial officer of the University and shall--
(a)      manage the assets, liabilities, receipts, expenditures, funds and investments of the University;
(b)     prepare the annual and revised budget estimates of the University and present the estimates to the Syndicate;
(c)      ensure that the funds of the University are spent according to the budget or any other special arrangement;
(d)     ensure that the accounts of the University are audited annually and are available for submission to the Syndicate within six months of the end of a financial year; and
(e)      perform such other functions as may be prescribed or assigned to him by the Syndicate.
(4)     The Treasurer shall hold office for a term of three years.
16.     Controller of Examinations.--(1) The Syndicate shall, on the recommendation of the Vice Chancellor, appoint a Controller of Examinations in such manner and on such terms and conditions as may be prescribed.
(2)     The Syndicate shall not appoint a person as Controller of Examinations unless he possesses the prescribed qualifications and experience.
(3)     The Controller of Examinations shall be a full-time officer and shall be responsible for all matters connected with the conduct of examinations and perform such other duties as may be prescribed.
(4)     The Controller of Examinations shall hold office for a term of three years.
17.     Other Officers.--Subject to the provisions of this Act, the terms and conditions of services and powers and duties of other officers of the University shall be such as may prescribed.
18.     Appointments.--The University may appoint such persons in its service as may be necessary in such manner and on such terms and conditions as may be prescribed.
CHAPTER IV
AUTHORITIES OF THE UNIVERSITY
19.  Authorities of the University.--(1) The following shall be the Authorities of the University:--
(a)      Syndicate;
(b)     Academic Council;
(c)      Board of Faculties;
(d)     Board of Advanced Studies and Research;
(e)      Selection Board;
(f)      Finance and Planning Committee; and
(g)     such other Authority as may be prescribed.
(2)  The Syndicate may constitute committees consisting of the members of the Syndicate or it may create committees consisting of members of the Syndicate or teachers or officers of the University or a combination of all or any of such persons.
20.  Syndicate.--(1) The Syndicate shall consist of--
(a)      Vice Chancellor, who shall be its Chairperson;
(b)     Pro-Vice Chancellor;
(c)      Secretary to the Government, Agriculture Department or a nominee not below the rank of Additional Secretary;
(d)     Secretary to the Government, Finance Department or a nominee not below the rank of Additional Secretary;
(e)      The Chief Justice of Lahore High Court, Lahore or his nominee from amongst the judges of Lahore High Court;
(f)      Chairman of the Commission or a nominee not below the rank of a whole-time member of the Commission;
(g)     one senior most Dean of the faculties;
(h)     three persons of eminence to be nominated by the Chancellor;
(i)      two members of the Provincial Assembly of the Punjab to be nominated by the Speaker of the Assembly; and
(j)      one professor, one associate professor, one assistant professor and one such lecturer as has completed a minimum of two years' service in the University to be elected from amongst themselves.
(2)     The Registrar shall be the Secretary of the Syndicate.
(3)     The members of the Syndicate, other than ex-officio members, shall hold office for three years.
(4)     Six members of the Syndicate shall constitute the quorum for a meeting of the Syndicate.
(5)     The Registrar shall, with the approval of the Chairperson of the Syndicate, summon a meeting of the Syndicate.
(6)     The Syndicate shall take decision by majority of the votes of members present and voting and the Registrar shall clearly reflect the dissent, if any, along with the reasons of such dissent.
21.  Powers and duties of the Syndicate.--(1) The Syndicate shall be the executive body of the University and shall, subject to the provisions of this Act and statutes, take effective measures to raise the standard of teaching, research, technological development, publication and other academic pursuits and exercise general supervision over the affairs of the University and management of the property of the University.
(2)  Without prejudice to the generality of the foregoing powers and subject to the provisions of the Act, the Syndicate may—
(i)      hold, control and administer the property and funds of the University;
(ii)     govern and regulate, with due regard to the advice of the Finance and Planning Committee in this behalf, the finances, accounts and investments of the University and for that purpose, to appoint such agents as it may deem fit;
(iii)    consider and approve the annual report, the annual and revised budget estimates and to re-appropriate funds from one major head of expenditure to another;
(iv)    transfer and accept transfer of movable or immovable property on behalf of the University;
(v)     enter into, vary, carry out or cancel contracts on behalf of the University;
(vi)    cause proper books of account to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University;
(vii)   invest any money belonging to the University including any unapplied income in any of the securities described in Section 20 of the Trusts Act, 1882 (II of 1882), or in the purchase of immovable property or in such other manner, as it may determine, with the like power of varying such investments;
(viii)  receive and manage any property transferred, grants, bequests, trusts, gifts, donations, endowments and other contributions made to the University;
(ix)    determine the form, custody and regulation of the use of the common seal of the University;
(x)     provide buildings, libraries, premises, furniture, apparatus, equipment and other means required for carrying out the work of the University;
(xi)    establish and maintain halls of residence and hostels or approve or license hostels or lodgings for the residence of students;
(xii)   affiliate or disaffiliate colleges and institutes;
(xiii)  admit educational institutions to the privileges of the University and withdraw such privileges;
(xiv)   arrange for the inspection of the academic departments;
(xv)    institute Professorships, Associate Professorships, Assistant Professorships, Lectureships and other posts and to suspend or abolish such posts;
(xvi)   create, suspend or abolish such administrative, technical, research, extension or other posts as may be necessary;
(xvii)  appoint University teachers and other officers on the recommendation of the Selection Board for teaching and other managerial posts;
(xviii) confer, with prior approval of the Chancellor, an honorary degree;
(xix)   prescribe the duties of the officers, teachers and other employees of the University and of those working in the University on deputation or on contract;
(xx)    appoint members to the various Authorities, committees and bodies in the prescribed manner;
(xxi)   remove any person from the membership of any Authority if such person has accepted any assignment which involves absence from the University for a continuous period of six months or more;
(xxii)  regulate, determine and administer, all other matters concerning the University and to this end exercise all necessary powers not specifically mentioned in this Act and statutes but not inconsistent with the provisions of the Act;
(xxiii) appoint Professor Emeritus on such terms and conditions as may be prescribed;
(xxiv) suspend, punish and remove from service in the prescribed manner officers, teachers and employees whom it is empowered to appoint;
(xxv)  consider and approve regulations recommended by the Academic Council;
(xxvi) approve statutes and recommend those drafts of the statutes, for approval of the Chancellor, which pertain to terms and conditions of service of the University employees;
(xxvii) delegate any of its powers to an Authority or officer or a committee or sub-committee; and
(xxviii) perform such other functions as may be assigned to it under the Act and the statutes.
22.     Academic Council.--(1) The Academic Council shall consist of--
(i)      Vice Chancellor, who shall be its Chairperson;
(ii)     Deans;
(iii)    chairpersons;
(iv)    three Principals of affiliated colleges nominated by the Syndicate;
(v)     all Professors including Professors Emeritus;
(vi)    two Associate Professors, two Assistant Professors and two lecturers to be elected from amongst themselves;
(vii)   three persons of eminence to be nominated by the Syndicate;
(viii)  Secretary to the Government, Agriculture Department or a nominee not below the rank of Deputy Secretary;
(ix)    five experts in the field of education to be nominated by the Chancellor;
(x)     Registrar (Member/Secretary);
(xi)    Controller of Examinations; and
(xii)   Librarian of the University.
(2)     The members of the Academic Council, other than ex-officio members, shall hold office for three years, and if the office of any such member becomes vacant before the expiry of the term, the vacancy shall be filled for the remaining period in the prescribed manner.
(3)     The quorum for a meeting of the Academic Council shall be one-third of the total number of members, a fraction being counted as one.
23.     Powers and duties of the Academic Council.--(1) The Academic Council shall be the academic body of the University and may lay down proper standards of instruction, research, publication and examination and to regulate and promote the academic life of the University and affiliated colleges.
(2)  In particular and without prejudice to the generality of the foregoing provision, the Academic Council may--
(i)      advise the Syndicate on academic matters;
(ii)     regulate teaching, research and examinations;
(iii)    regulate the admission of students to the courses of studies and examinations of the University and affiliated colleges;
(iv)    regulate the award of studentships, scholarships, medals and prizes;
(v)     regulate the conduct and discipline of students of the University and affiliated colleges;
(vi)    propose to the Syndicate schemes for the constitution and organization of faculties, institutes and other academic bodies;
(vii)   propose regulations on the recommendations of the Boards of Faculties and the Boards of Studies for consideration and approval of the Syndicate;
(viii)  propose for each academic year, on the recommendations of the Boards of Studies, regulations prescribing the courses of studies, the syllabi and the outlines of tests for all examinations; provided that, if the recommendations of a Board of Faculties or the Board of Studies are not received by the prescribed date, the Academic Council may, subject to be approval of the Syndicate, permit such regulations to continue for the following years;
(ix)    recognize the examinations of other Universities or examining bodies as equivalent to the corresponding examinations of the University;
(x)     appoint members to the Authorities in accordance with the provisions of this Act; and
(xi)    perform such other functions as may be prescribed by the statutes.
24.     Board of Faculty.--(1) There shall be a Board of Faculty for each faculty which shall consist of--
(a)      Dean of the faculty (Chairperson);
(b)     Professors and the chairpersons in the faculty;
(c)      two teachers to be nominated by the Academic Council on the basis of their specialized knowledge of the subjects which, though not assigned to the faculty, have in the opinion of the Academic Council, important bearing on the subjects assigned to the faculty;
(d)     two experts in the field from outside the University to be appointed by the Syndicate; and
(e)      one member to be nominated by the Vice Chancellor.
(2)     The members, other than ex-officio members, of a Board of Faculty shall hold office for a period of three years.
(3)     The quorum for a meeting of a Board of Faculty shall be one-half of the total number of members.
(4)     A Board of Faculty, subject to the general control of the Syndicate and Academic Council, may--
(a)      co-ordinate the teaching and research work in the subjects assigned to the faculty;
(b)     scrutinize the recommendations of a Board of Studies comprising the faculty with regard to the appointment of paper-setters and examiners for graduate and postgraduate examinations and to forward the panels of suitable paper-setters and examiners for each examination to the Vice Chancellor;
(c)      consider any other academic matter relating to the faculty and to submit its report to the Academic Council;
(d)     prepare a comprehensive annual report regarding the performance of each department, constituent college or Institute comprising the faculty for presentation to the Academic Council; and
(e)      perform such other functions as may be prescribed by the statutes.
25.     Board of Advanced Studies and Research.--(1) The Board of Advanced Studies and Research shall consist of--
(a)      Vice Chancellor (Chairperson);
(b)     all the Deans;
(c)      Controller of Examinations;
(d)     one University Professor from each faculty to be nominated by the Syndicate;
(e)      one member to be nominated by the Vice Chancellor;
(f)      three members from the relevant field, research organizations of the Government to be nominated by the Syndicate; and
(g)     Registrar (Secretary).
(2)     The term of office of the members of the Board of Advanced Studies and Research, other than ex-officio members, shall be three years.
(3)     The quorum for a meeting of the Board of Advanced Studies and Research shall be one-half of the total number of members.
26.  Functions of the Board of Advanced Studies and Research.--The Board of Advanced Studies and Research shall—
(a)      advise an Authority on all matters connected with the promotion of advanced studies and research publication in the University;
(b)     consider and report to an Authority with regard to a research degree of the University;
(c)      propose regulations regarding the award of a research degree;
(d)     appoint supervisors for a postgraduate research student and to approve title and synopses of thesis or dissertation;
(e)      recommend panels of names of examiners for evaluation of a research examination; and
(f)      perform such other functions as may be prescribed by the statues.
27.     Selection Board.--(1) The Selection Board shall consist of--
(a)      Vice Chancellor (Chairperson);
(b)     Dean of the faculty concerned;
(c)      chairperson concerned;
(d)     one member of the Syndicate to be nominated by the Syndicate;
(e)      one eminent scholar to be nominated by the Syndicate;
(f)      two experts to be nominated by the Government; and
(g)     Registrar (Secretary).
(2)     The members, other than ex-officio members, shall hold office for a period of three years.
(3)     Five members including at least one expert shall constitute the quorum for a meeting of the Selection Board.
(4)     No member who is a candidate or whose family member is a candidate, for a post to which appointment is to be made, shall take part in the proceedings of the Selection Board for selection of a candidate on such post.
(5)     In selection of candidates for the post of Professor or Associate Professor, the Selection Board shall co-opt or consult three experts in the subject and in selecting candidates for any other teaching post, two experts in the subject, to be nominated by the Vice Chancellor from a standing list of experts for each subject approved by the Syndicate.
(6)     The Syndicate may approve or revise the standing list of experts of a subject on the recommendation of the Selection Board.
28.     Functions of the Selection Board.--The Selection Board shall--
(a)      consider the applications and recommend to the Syndicate, the names of suitable candidates for appointment to teaching and other posts and recommend suitable salary for the selected candidate; and
(b)     consider all cases of promotion or selection of officers of the University and recommend the names of suitable candidates for such promotion or selection to the Syndicate.
29.     Finance and Planning Committee.--(1) The Finance and Planning Committee shall consist of--
(a)      Vice Chancellor (Chairperson);
(b)     all the Deans;
(c)      one member of the Syndicate to be nominated by the Syndicate;
(d)     one member of the Academic Council to be nominated by the Academic Council;
(e)      one representative, each from Agriculture Department and Finance Department of the Government, not below the rank of a Deputy Secretary;
(f)      Director Planning or any other nominee of the Commission;
(g)     Registrar; and
(h)     Treasurer (Secretary).
(2)     The term of office of the nominated members shall be three years.
(3)     Five members of the Finance and Planning Committee shall constitute the quorum for a meeting of the Finance and Planning Committee.
30.     Functions of the Finance and Planning Committee.--The Finance and Planning Committee shall--
(a)      prepare the annual statement of accounts and propose annual budget estimates and make recommendations to the Syndicate;
(b)     review periodically the financial position of the University;
(c)      advise the Syndicate on all matters relating to finance, investments and accounts of the University; and
(d)     perform such other functions as may be prescribed by the statutes.
31.  Appointment of Committees by Authorities.--Any Authority may constitute such standing, special or advisory committees as it may deem fit, and appoint to such committees persons who may not be its members.
CHAPTER V
STATUTES, REGULATIONS AND RULES
32.     Statutes.--(1) Subject to the provisions of this Act, Syndicate may make statutes or recommend statutes relating to the matters specified in clauses (i) and (ii) of sub-section (2) to the Chancellor.
(2)  The statutes may be made to provide for and regulate all or any of the following matters:--
(i)      scales of pay, method of recruitment and other terms and conditions of service of officers, teachers and other employees of the University and the constitution of their pension, insurance, gratuity, provident fund and benevolent fund;
(ii)     conduct and discipline of the officers, teachers and other employees of the University;
(iii)    constitution, powers and duties of the Authorities and conduct of elections to such Authorities and related matters;
(iv)    affiliation and disaffiliation of colleges, institutes, etc. and related matters;
(v)     admission of educational institutions to the privileges of the University and the withdrawal of such privileges;
(vi)    establishment of Institutes, faculties, colleges, departments and academic divisions;
(vii)   powers and duties of officers, teachers and employees of the University;
(viii)  conditions for appointment of Professors Emeritus;
(ix)    conditions on which the University may enter into arrangements with public bodies or other organizations for purposes of research and advisory services;
(x)     general scheme of studies including the duration of courses, the system of examinations and the number of subjects and papers for examinations;
(xi)    award of honorary degrees;
(xii)   maintenance of register of students and registered graduates;
(xiii)  conduct of elections for membership of Authorities of the University and related matters; and
(xiv)   all other matters which are to be or may be prescribed or regulated by the statutes.
(3)  The Syndicate shall recommend statutes under clauses (i) and (ii) of sub-section (2) to the Chancellor who may approve it with or without any modification or may refer it back to the Syndicate for reconsideration or may reject it.
33.     Regulations.--(1) Subject to the provisions of this Act and the statutes, the Syndicate may, on the recommendation of the Academic Council, frame regulations in respect of all or any of the following matters:--
(i)      courses of study for degrees, diplomas and certificates of the University;
(ii)     manner and method of teaching conducted in the University and affiliated colleges;
(iii)    admission of students to the University and conditions under which they are admitted or allowed to take courses and examinations of the University and become eligible for the award of degrees, diplomas and certificates;
(iv)    fees and other charges to be paid by students for admission to the courses of studies and the examinations of the University;
(v)     conduct of examinations;
(vi)    conduct and discipline of students of the University;
(vii)   conditions of residence of the students of the University or colleges including the levying of fee for residence in halls of residence and hostels and approval of hostels, and lodgings for students;
(viii)  conditions for acquiring research degrees;
(ix)    institution of fellowships, scholarships, medals and prizes;
(x)     institution of stipends and free and half-free studentships;
(xi)    academic costume;
(xii)   use of the library;
(xiii)  formation of teaching departments and Boards of Studies; and
(xiv)   all other matters which under this Act or the statutes are to be or may be prescribed by regulations.
(2)  The Academic Council shall prepare and submit the regulations to the Syndicate and the Syndicate may approve them with or without modifications or refer them back to the Academic Council for reconsideration or reject them.
34.  Rules.--(1) An Authority or a body of the University may make rules consistent with this Act, statutes and regulations, to regulate the conduct of its business.
(2)  The Syndicate may direct any Authority or body of the University to amend or repeal any rules made by the Authority or body.
CHAPTER VI
FINANCIAL PROVISIONS
35.  University Fund.--(1) There shall be a fund to be known as Muhammad Nawaz Shareef University of Agriculture Multan Fund which shall vest in the University and to which shall be credited all sums received by the University.
(2)  The University may accept donations in the shape of land, vehicles, equipment or any other items that may facilitate the functioning of the University and all such donations shall be used, maintained and disposed of by the University in the prescribed manner.
36.     Budget, audit and accounts.--(1) The budget of the University shall be approved and its accounts shall be maintained and audited in such manner as may be prescribed by the Syndicate.
(2)     The Syndicate may approve the budget of the University, appropriation of accounts of the University and may settle an audit para relating to the audit of the University.
(3)     The Syndicate may delegate the power of appropriation or re-appropriation of funds to an officer of the University.
CHAPTER VII
MISCELLANEOUS
37.     Appeal to Syndicate.--(1) If an order is passed by an Authority, body or officer of the University, other than the Chancellor, and an appeal against the order is not provided under the statutes or the regulations, any aggrieved person may prefer an appeal against the order to the Syndicate.
(2)     The Syndicate may constitute a committee of its members to hear and dispose of any appeal on behalf of the Syndicate.
(3)     If a member of the Syndicate is the officer who passed the order or who is also member of the Authority against whose order appeal is filed before the Syndicate, such member shall not hear the appeal as member of the Syndicate or committee constituted to hear and dispose of the appeal.
38.     Removal of difficulties.--If any difficulty arises in giving effect to any of the provisions of this Act, the Government may give such directions, not inconsistent with the Act, as it may consider necessary for the removal of such difficulty.
39.  Indemnity.--No suit or legal proceedings shall lie against the Government, the University or any Authority, officer or employee of the Government or the University or any person in respect of anything which is done in good faith under this Act.
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THE END

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