The Saifee Burhani University Act (2024)

WHEREAS His Holiness Syedna Mufaddal Saifuddin (TUS) and the Dawate-Hadiyah Trust have established in Pakistan a Saifee Burhani University whose programmes will promote educational welfare in general and the welfare of the people of Pakistan in particular. They have expressed the desire to establish an autonomous university in Pakistan for the promotion and dissemination of knowledge and technology and for providing instructions, training, research, demonstration and services nationally and internationally with such other branches of learning as the University may determine; WHEREAS it is expedient to provide for the establishment of the University known as the Saifee Burhani University.

  1. Short title and commencement:
    1. This Act may be called the Saifee Burhani University Act, 2024.
    2. It shall come into force at once.
  2. Definitions: In this Act, unless there is anything repugnant in the subject or context:
    1. “Academic Council” means the Academic Council of the University;
    2. “Affiliated institution or college” means an educational institution or college affiliated to the University but not maintained or administered by it.
    3. “Authority” means any of the authorities of the University specified in section 19.
    4. “Board” means the Board of Governors of the University specified in section 20.
    5. “Chairperson” means the Chairperson or head of the Teaching Department.
    6. “Chancellor” means the Chancellor of the University;
    7. “constituent college or institution” means a college or an institution maintained and administered by the University in which arrangements exist for imparting instructions in general, technical professional education or other disciplines of higher learning and such other subjects as may be prescribed.
    8. “Dean” means the head of Faculty.
    9. “Director” means the head of a teaching or administrative division of an institute.
    10. “distance learning or online learning” means a form of education where students can acquire knowledge and skills remotely through digital platforms, without the need for physical presence in a traditional classroom setting.
    11. “Faculty” means an academic division within the University comprising of one or more Teaching Departments;
    12. “Government” means the Government of Sindh;
    13. “HEC” means the Higher Education Commission of Pakistan established under the Higher Education Commission Ordinance, 2002 (No. LIII of 2002);
    14. “Officer” means any of the officers of the University specified in section 5;
    15. “Online Campus” means a campus which refers to a virtual environment that simulates a physical campus, providing digital tools and resources for remote learners who are enrolled with the University to access educational materials, interact with instructors and peers, and participate in virtual classes and activities maintained and administered by the University;
  1. “Patron” means the Patron of the University;
  2. “prescribed” means prescribed by statutes, regulations or rules;
  3. “Principal” means the head of a constituent or affiliated college or institution;
  4. “Pro Chancellor” means the Pro Chancellor of the University;
  5. “Professor Emeritus” means a retired Professor appointed by the Chancellor on honorary basis;
  6. “Pro-Vice Chancellor” means the Pro-Vice Chancellor of the University;
  7. “Registrar” means the Registrar of the University;
  8. “SHEC” means the Sindh Higher Education Commission established under the Sindh Higher Education Commission Act, 2013 (Sindh Act No.XI of 2013);
  9. “statutes”, “regulations” and “rules” mean respectively, the statutes, regulations and rules made under this Act;
  10. “Teacher” means the whole-time teacher engaged as a Professor, Associate Professor, Lecturer and such other persons as may be declared to be the Teachers.
  11. “Teaching Department” means the Teaching Department of the University.
  12. “Trust” means the Dawat-e-Hadiyah Trust registered under the laws of Province of Sindh and Pakistan;
  13. “University” means the Saifee Burhani University established under this Act; and
  14. “Vice Chancellor” means the vice chancellor of the University appointed by the Chancellor under section 9.
  1. There shall be established a University to be called the Saifee Burhani University, consisting of the Patron, Chancellor, Pro Chancellor, Vice Chancellor, Pro-Vice Chancellor, members of the Board, Registrar, Deans, Chairperson, the members of the Academic Council, and such other Officers as may be Prescribed, from time to time.
  2. The University shall be a body corporate by the name Saifee Burhani University, owned by the Trust and shall have perpetual succession and a common seal and may sue and be sued by the said name.
  3. The University shall be competent to acquire and hold property, both moveable and immoveable, to lease, sell or otherwise transfer any moveable and immoveable property which may have become vested in or been acquired by it.
  4. The University shall be open to all persons of either sex, of whatever religion, race, creed, class, color, or domicile, who are academically qualified for admission to the courses of study offered by the University, and no such person shall be denied the privilege on the said ground.
  5. The moral and ethical codes employed on the University will be based on and derived from the cardinal principles and the guidance embodied in the Holy Quran and the Sunnah of the Prophet (SAWW).
  6. Powers and functions of the University. The University shall be a fully autonomous body with the freedom to govern its academic functions, in order to achieve its objectives, in particular, and subject to such instructions as issued from time to time by Government. The University shall have following powers and functions to:
    1. establish campuses (including Online Campus), Faculties, Teaching Departments, research institutes, constituent colleges or institutions and other distance learning/online learning centers in any and all branches of learning and to provide and support other facilities for education, professional training and research.
    2. confer honorary degrees or other distinctions on approved persons in the manner as may be prescribed.
    3. affiliate and disaffiliate educational institutions and inspect colleges and other educational institutions affiliated or seeking affiliation with it.
    4. cooperate with other universities and public authorities in such manner and for such purposes in the prescribed manner.
    5. institute and award fellowships, scholarships, exhibitions, bursaries, medals and prizes in such manner as may be prescribed.
    6. to provide for instructions in general, technical and professional education or other disciplines of higher learning, and other subjects as may be prescribed and in such branches of learning as it may deem fit, and to make provision for the advancement and dissemination of knowledge in such manner as it may determine.
  1. to admit students and hold examinations and to award and confer degrees, diplomas, certificates and other academic distinctions to and on the persons, who have been admitted to, and have passed its examinations under the prescribed conditions.
  2. to prescribe courses of studies, curriculum and undertake research.
  3. to initiate different on-campus, academic and vocational programs of studies in all branches of learning and to provide and support other facilities for education, professional training and research.
  4. to initiate different Online Campus and Distance Learning/Online Learning academic and vocational programs of studies in all branches of learning and to provide and support other facilities for education, professional training and research.
  5. to supervise and control the discipline of the students of the University and the institute in the prescribed manner.
  6. to enter into agreements, contracts and arrangements with Government organizations, institutions, bodies and individuals for carrying out its functions and activities, and to carry out, vary or cancel the contracts.
  7. to demand and receive such fees and other charges as it may determine.
  8. to institute professorship, associate professorship, assistant professorship and lectureship, and any other posts and to appoint persons thereto.
  9. to create posts for research, extension, administration and other related purposes and to appoint persons thereto.
  10. to control the residence of the students of the University. to institute and maintain halls of residence and to approve or license hostels and lodgings.
  11. to supervise and control the discipline of the students of the University and its colleges, to promote the extra-curricular and recreational activities of such students and to make arrangements for promoting their health and general welfare.
  12. to receive and manage property transferred and grants, bequests, trusts, gifts, donations, endowments or other contributions made to the University and to invest any funds representing such property, grants, bequests, trusts, gifts, donations, endowments or contributions in such manner as it may deem fit.
  13. to borrow or advance monies or make investments in compliance with the applicable law, for the advancement and furtherance of the aims, objects and goals of the University by agreeing to such terms, conditions and securities as the University may deem fit. provided that no interest or riba in any form whatsoever directly or indirectly shall be paid or received by the University for any such loans or investments.
  14. to undertake such research as it may determine in the ordained branches of learning.
  15. to provide for the printing and publication of research and other works.
  16. to establish academic linkages and collaborative activities with other institutions for the betterment of academic standards.
  17. to appoint members of various bodies and committees, for academic and administrative activities.
  18. to appoint such Officers including Teachers and members of the staff as necessary and prescribe terms and conditions and powers and duties of such Officers and staff.
  19. decide teaching methods and strategies to ensure the most effective educational and other programmes.
  20. to do other such acts and things, as may be requisite to further the objectives of the University as a place of education, learning and research.
  1. Officers of the University.
    The following shall be the officers of the University:

    1. Chancellor
    2. Pro Chancellor
    3. Vice Chancellor
    4. Pro-Vice Chancellor
    5. Deans
    6. Directors
    7. Chairperson
    8. Registrar
    9. Director of Finance
    10. Controller of Examinations
    11. Internal Auditor
    12. Director of Planning and Development
    13. Librarian and
    14. such other persons as may be Prescribed to be Officers of the University.
  2. Patron
    The Chief Minister of Sindh shall be the Patron of the University.
  3. Chancellor
    The 53rd Dai’al Mutlaq, His Holiness Syedna Mufaddal Saifuddin (TUS), shall be the Chancellor of the University and shall be succeeded by his nominee in the office of Dai’al Mutlaq.

    1. The Chancellor shall preside at convocations of the University and meetings at which business of the University is transacted.
    2. Every proposal to confer an honorary degree shall be subject to confirmation by the Chancellor.
    3. The Chancellor may remove any person from the membership of any Authority, if such person –
      1. has become of unsound mind
      2. has become incapacitated to function as member
      3. has been convicted by a court of law in Pakistan of an offence involving moral turpitude
      4. for any reason is deemed unfit in the opinion of the Chancellor.
    4. If the Chancellor is satisfied that the proceedings of any Authority are not in accordance with the provisions of this Act, the statutes, regulations or rules, he may, after calling upon such Authority to show cause why such proceedings should not be annulled, by order in writing, annul the proceedings.
    5. Should the Chancellor be absent due to any cause, the Pro Chancellor shall exercise all the powers and perform all the duties and functions of the Chancellor.
    6. The Chancellor may cause a visitation or inquiry to be made in respect of any matter connected with the affairs of the University and appoint such person as he may deem fit for the purpose.
    7. Where this Act makes any provision for anything to be done but no provision or no sufficient provision has been made with respect to the authority of whom, or the time at which, or the manner in which, it shall be done, then, it shall be done by such authority, at such time, or in such manner as the Chancellor may direct.
  4. Pro Chancellor
    1. The Pro-Chancellor shall be appointed by the Chancellor for such period and on such terms and conditions as the Chancellor may determine.
    2. At any time when the office of Chancellor is vacant, or the Chancellor is absent or is unable to perform the functions of his office due to any cause, the Pro Chancellor shall act for him.
    3. The Pro Chancellor shall perform such other functions as may be entrusted to him by the Chancellor.
  5. Vice Chancellor
    1. The Vice Chancellor shall be a person of eminence in the field of education or a distinguished administrator with sufficient experience in the relevant field.
    2. The Vice Chancellor shall be appointed by the Chancellor for such period and on such terms and conditions as the Chancellor may determine.
    3. At any time when the office of the Vice Chancellor is vacant or the Vice Chancellor is absent or is unable to perform the functions of his office due to illness or any other cause, the Chancellor or the Pro Chancellor shall make such arrangements for the performance of the duties of the Vice Chancellor as he may deem fit.
  1. Controller of Examinations
    The Controller of Examinations shall be whole-time officer of the University and shall be appointed by the Pro-Chancellor on the recommendations of the Selection Board, on the terms and conditions as may be determined by the Chancellor. He shall be responsible for all matters connected with the conduct ofexaminations and perform such other duties as may be prescribed.
  2. Internal Auditor
    The Internal Auditor shall be whole-time officer of the University and shall be appointed by the Pro-Chancellor. He shall be responsible for conducting the internal audit of the University.
  3. Director of Planning and Development.
    The Director of Planning and Development shall be whole-time officer of the University and shall be appointed by the Pro-Chancellor on such terms and conditions as the Pro Chancellor may determine.

    1. Responsible for planning and development of the University.
    2. Responsible for preparation of short-term and long-term development plans for the resources, the facilities and the amenities.
    3. Perform such functions as may be prescribed.
  4. Librarian
    The Librarian shall be appointed by the Pro Chancellor on such terms and conditions as the Pro Chancellor may determine. He shall perform such functions as may be prescribed.
  5. Other Whole-Time Officers of the University
    All the other remaining officers mentioned in section 5, shall be appointed by such officer or authority as authorized by Pro-Chancellor on such terms and conditions as it may determine. They shall perform their duties as may be prescribed.
  1. Powers and Duties of the Vice Chancellor
    The Vice Chancellor shall be the principal executive and academic Officer of the University and shall be responsible for implementation of the provisions of this Act, the statutes, the regulations and the rules, and execution of the policies and the programmes of the University as instructed by the Chancellor, from time to time.

    1. In particular and without prejudice to the generality of the foregoing powers, the Vice Chancellor shall also have the power –
      1. to create and fill temporary posts for a period not exceeding six months
      2. to sanction expenditures provided for in the approved budget and to re-appropriate funds within the same head of expenditure as approved by the Board
      3. to sanction by re-appropriation an amount not exceeding rupees one million for an unforeseen item not provided for in the budget and report it to the Board at the next meeting
      4. to appoint paper setters and examiners for all examinations of the University after receiving panels of names from the relevant Authorities
      5. to make such arrangements for the security of papers, grades and results as he may consider necessary
      6. to direct Teachers, Officers and other employees of the University to take such assignments in connection with teaching, research, examination, administration and such other activities in the University as he may consider necessary
      7. to submit the plans of work and budget estimates of the University for the approval of the Board
      8. to submit to the Board the report on the activities of the University and the execution of the plans of work as may be prescribed
      9. to appoint employees of such categories in respect of which powers have been delegated to him by the Board
      10. to exercise such power and perform such other function as may be prescribed or assigned by the Board
      11. to delegate, subject to such conditions as may be Prescribed, any of his powers under this Act, to an Officer or other employee of the University subject to the approval of the Pro Chancellor.
  1. Pro-Vice Chancellor
    The Pro-Vice Chancellor shall be appointed by the Chancellor on the recommendations of the Board on such terms and conditions as the Chancellor may determine.

    1. The Pro-Vice Chancellor, if appointed, shall be the in-charge of areas such as administration, research and development, student affairs, and academic and education affairs.
  2. Registrar
    The Registrar shall be a whole-time Officer of the University and shall be appointed by the Pro-Chancellor on the recommendations of the Board on such terms and conditions as the Pro-Chancellor may determine.

    1. Be the custodian of the common seal and the academic records of the University.
    2. Perform such other duties as may be prescribed.
  3. Director Finance
    The Director Finance shall be the Chief Financial Officer of the University and shall be appointed by the Pro-Chancellor on such terms and conditions as the Pro Chancellor may determine.

    1. Manage the assets, liabilities, receipts, expenditures and funds of the University.
    2. Prepare the annual and revised budget estimates of the University and present them to the Finance and Planning Committee and the Board for its approval.
    3. Ensure that the funds of the University are expended for the purposes for which they are provided.
    4. Perform such other duties as may be prescribed.
  1. Authorities
    The following shall be the authorities of the University:

    1. the Board of Governors
    2. the Academic Council
    3. the Board of Faculties
    4. the Board of Studies
    5. the Selection Board
    6. the Board of Advanced Studies and Research
    7. the Finance and Planning Committee
    8. the Discipline Committee
    9. the Affiliation Committee and
    10. such other Authorities as may be Prescribed by the Statutes.
  2. Board of Governors.
    The Board of Governors shall consist of:

    1. the chairman who shall be the Chancellor and in his absence the person to be nominated by the Chancellor
    2. Pro Chancellor
    3. the Vice Chancellor
    4. a Judge of the High Court of Sindh, sitting or retired to be nominated by the Chief Justice of the High Court of Sindh
    5. the Secretary Universities and Boards Department, Government of Sindh or his nominee
    6. two Deans or members of faculty to be appointed by the Chancellor in consultation with the Vice Chancellor
    7. the Chairperson, Higher Education Commission, or whole-time member of the said commission to be nominated by him
    8. three persons from society at large appointed by the Chancellor, being persons of distinction in the field of admin, management, education, academics, law, accountancy, medicine, fine arts, architecture, agriculture, science, technology and engineering, such that the appointment of these persons reflects a balance across the various fields
    9. five persons of outstanding merit to be nominated by the Trust
    10. two persons of eminence, representing various disciplines and professions, nominated by the Chancellor
    11. One person from amongst the alumni of the University to be appointed by the Chancellor after consultation with the Vice Chancellor
    12. Not more than two members may in the best interest of the University, be appointed by the Chancellor whenever he considers it necessary
    13. the Chairperson, Sindh Higher Education Commission, or whole-time member of the said commission to be nominated by him
    1. the Registrar shall act as Secretary of the Board.
    2. The members of the Board other than ex-officio members shall hold office for three years and shall be eligible for re-nomination on the expiry of the term.
    3. The office of a nominated member shall become vacant if he resigns or fails to attend three consecutive meetings of the Board without sufficient cause or leave of absence, or his nomination is changed by the Authority which nominated him.
    4. A casual vacancy of members shall be filled by persons nominated by the authority which had nominated the member whose vacancy is to be filled.
    5. No act or proceedings of the Board shall be invalid by reason only of the existence of a vacancy or a defect in constitution of the Board.
  3. Powers and Duties of the Board
    1. The Board shall be the executive and governing body of the University and shall, subject to the provisions of this Act and the Statutes, exercise general supervision over the affairs and management of the University, and the power to lay down policies of the University.
    2. Without prejudice to the generality of the foregoing powers and subject to the provisions of this Act and the Statutes, the Board shall have the powers:
      1. to hold, control and administer the property and funds of the University as per the guidance of the Chancellor
      2. to govern and regulate, with due regard to the advice of the Finance and Planning Committee, the finances, accounts and investments of the University and for that purpose, to appoint such agents as it may think fit
      3. to affiliate and disaffiliate educational institutions and colleges
      4. to consider annual and revised budget estimates, and to re-appropriate funds from one major head of expenditure to another
      5. to transfer and accept transfer of movable or immovable property on behalf of the University
      6. to enter into, vary, carry out and cancel contracts on behalf of the University
      7. to cause proper books of accounts to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University
      8. to receive and manage any property transferred and grants, bequests, donations, endowments and other contributions made to the University and to borrow or raise money for the purposes of the University upon such security as may be required
      9. to administer any funds placed at the disposal of the University for specified purposes
      10. to determine the form, provide for the custody, and regulate the use of the common seal of the University
      11. to provide the buildings, libraries, premises, furniture, apparatus, equipment and other means required for carrying out the work of the University
      12. to establish and maintain halls of residence and hostels or approve or license hostels or lodgings for the residence of students
      13. to require of, and consider reports submitted by the Vice Chancellor relating to the activities of the University and the execution of the plans of work and to direct the Vice Chancellor to submit reports relating to any matters specified by the Board
      14. to appoint Professors Emeritus and distinguished professors on such terms and conditions as may be prescribed
      15. to confer honorary degrees in the fields of ordained disciplines in accordance with the conditions prescribed
      16. to suspend, punish and remove from service, Officers, Teachers and other employees in the manner prescribed
      17. to appoint members to the various Authorities in accordance with the provisions of this Act
      18. to propose Statutes for submission to the Chancellor
      19. to consider and dispose of the Regulations made by the Academic Council provided that the Board may frame a Regulation on its own initiative and approve it after consulting the Academic Council
      20. to regulate, determine and administer all other matters concerning the University and, to this end, exercise all other powers not specifically mentioned in this Act and the Statutes
      21. to delegate any of its powers to an Authority or Officer or a committee or sub-committee
      22. to perform such other functions as have been assigned to it under this Act or may be assigned to it by the Statutes.
  4. Board meetings
    1. The Board shall meet at least twice in a year provided that a special meeting may be called at any time on the direction of the Chancellor or on a requisition made by not less than five members of the Board to consider a matter of urgent nature.
    2. Not less than ten clear days’ notice of a special meeting shall be given to the members of the Board, and the agenda of the meeting shall be restricted to the matter for which the special meeting is called.
    3. The quorum for a meeting of the Board shall be one-half of its members, a fraction being counted as one.
    4. The decision of the Board shall be expressed in terms of the views of the majority of the members present, and if the members are equally divided, the chairman of the Board shall have and exercise a casting vote.
  5. Academic Council
    1. The Academic Council shall consist of:
      1. the Vice Chancellor who shall be the chairman
      2. the Pro-Vice Chancellor
      3. the Deans as may be Prescribed
      4. the Chairperson of teaching departments as may be Prescribed
      5. the University professors including Professors Emeritus and distinguished professors as may be Prescribed
      6. two eminent persons, known for their intellectual caliber on an international level, service to society, or leadership in their profession, nominated by the Chancellor upon consultation with the Vice Chancellor
      7. two persons to be appointed by the Trust
      8. Principals and Directors of Constituent Colleges or Institutions and Affiliated Institutions or Colleges as may be Prescribed
      9. the Controller of Examinations
      10. the Librarian
      11. the Registrar who shall act as its secretary.
    2. Members appointed by nomination shall hold office for a term of three years and shall be eligible for re-nomination on the expiry of their term.
    3. The quorum for a meeting of the Academic Council shall be one half of the total number of members, a fraction being counted as one.
    1. Powers and Duties of the Academic Council. The Academic Council shall be the highest academic body of the University and shall, subject to the provisions of this Act and the statutes, have the power to lay down proper standards of instruction, scholarship, research, and examinations, and to regulate and promote the academic life of the University.
      1. In particular and without prejudice to the generality of the foregoing provisions, the Council shall have the power:
        1. to advise the Board on academic matters
        2. to regulate the admission of students to the courses of studies and examinations
        3. to propose to the Board schemes for the constitution and organization of Faculties, Teaching Departments, institutes and Boards of Studies
        4. to consider or formulate proposals for the planning and development of teaching and research at the University
        5. to make Regulations on the recommendations of the Board of Faculties and the Boards of Studies prescribing the courses of studies and the syllabi for all University examinations provided that, if the recommendations of the Board of Faculties and Boards of Studies are not received by the Prescribed date, the Council may, subject to the approval of the Board, continue for the next year, the courses of studies already Prescribed for an examination
        6. to recognize the examinations of other universities or examining bodies as equivalent to the corresponding examinations of the University
        7. to frame Regulations for submission to the Board and
        8. to perform such other functions as may be Prescribed by the Statutes.
    2. Powers of other Authorities. The constitution, functions, and powers of other Authorities for which no specific provision or insufficient provision has been made in this Act shall be such, as may be Prescribed by the Statutes.
    3. Appointment of committees by the Authorities. The Board, the Academic Council or other Authorities may appoint/constitute such standing, special or advisory committees, as they may consider advantageous in the performance of their functions.