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ACT XVIII OF 2009 ACT XVIII OF 2009 ABDUL WALI KHAN UNIVERSITY, MARDAN ACT, 2009 An Act to provide for the establishment of a University to be known as the Abdul Wali Khan University, Mardan [Gazette of N.-W.F.P. Extraordinary, 24th October, 2009] No.PA/NWFP/Bills/2009/38482, dated 24-10-2009.--The Abdul Wali Khan University, Mardan Bill, 2009 having been passed by the Provincial Assembly of North-West Frontier Province on 9th October, 2009 and assented to by the Governor of the North-West Frontier. Province on 20th October, 2009 is hereby published as an Act of the Provincial Legislature of the North-West Frontier Province. Preamble.---Whereas it is expedient to provide for the establishment of a University to be known as the Abdul Wali Khan University, Mardan and for matters connected therewith and ancillary thereto, in the manner hereinafter appearing; It is hereby enacted as follows:--- CHAPTER - III OFFICERS OF THE UNIVERSITY 12. Appointment and Removal of the Vice-Chancellor.---(1) The Vice-Chancellor shall be appointed by the Chancellor from a panel of three candidates proposed by the Search Committee. (2) A Search Committee for the recommendation of persons suitable for appointment as Vice-Chancellor shall be constituted by Chancellor and shall consist of-- (a) the Chief Secretary, Government of the North-West Frontier Province, who shall be Convener of the Search Committee; (b) three eminent members of society, with experience in education, administration or social work; (c) two members of the Senate who are nominees of the Chancellor but not employees of the University; and (d) the Secretary to Government, Higher Education Department. (3) The members mentioned at clauses (b) and (c) of subsection (2) shall be nominated by the Chancellor from a panel recommended by the Pro-Chancellor, while the members mentioned at clauses (a) and (d) shall be members of the Search Committee by virtue of their offices. (4) The Search Committee shall remain in existence till such time as a new Vice-Chancellor is appointed by the Chancellor. (5) The Vice-Chancellor shall be appointed for a renewable tenure of four years on terms and conditions prescribed by Statutes. The tenure of an incumbent Vice-Chancellor shall be renewed by the. Chancellor on the basis of his performance and on receipt of a resolution of the Senate in support of such renewal: Provided that the Chancellor on advice of the Pro-Chancellor may call upon the Senate to reconsider such resolution once. (6) The Senate may, pursuant to resolution in this behalf passed by three-fourth of its membership, recommend to the Chancellor the removal of the Vice-Chancellor on the ground of inefficiency, moral turpitude or physical or mental incapacity or gross misconduct, including misuse of position for personal advantage of any kind. (7) Where the Chancellor and Pro-Chancellor is of the view that the Vice-Chancellor should be removed, he may make a reference to the Senate stating the instances of inefficiency, moral turpitude or physical or mental incapacity or gross misconduct on the part of the Vice-Chancellor that have come to his notice. After consideration of the reference the Senate may, pursuant to a resolution in this behalf passed by two-third of its membership, recommend to the Chancellor the removal of the Vice-Chancellor: Provided that prior to a resolution for the removal of the Vice-Chancellor being voted upon, the Vice-Chancellor shall be given an opportunity of being heard. (8) A resolution recommending the removal of the Vice-Chancellor shall be submitted to the Chancellor forthwith. The Chancellor may accept the recommendation and order removal of the Vice-Chancellor or return the recommendation to the Senate for reconsideration. (9) 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 some other cause, the Chancellor may appoint one of the Deans/officers of the University to officiate as Vice-Chancellor. (10) The Government may remove Vice-Chancellor at any time on report of his conduct.