Updated: Tuesday August 02, 2016/AthThulatha
Shawwal 28, 1437/Mangalavara
Sravana 11, 1938, at 02:44:32 PM
The Higher Education Commission Ordinance, 2002
ORDINANCE NO. LIII OF 2002
An Ordinance to provide for
the establishment of the Higher Education Commission
WHEREAS in the interest of improvement and promotion of higher
education, research and development it is expedient to provide for the
establishment of a Higher Education Commission and for matters connected
therewith or incidental thereto;
AND WHEREAS the President is satisfied that circumstances exist
which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the aforesaid Proclamation of
Emergency of the fourteenth day of October, 1999, and the Provisional
Constitutional Order No. 1 of 1999, read with the Provisional Constitution
(Amendment) Order No. 9 of 1999 and in exercise of all powers enabling him in
that behalf, the President of the Islamic Republic of Pakistan is pleased to
make and promulgate the following Ordinance,---
CHAPTER 1
PRELIMINARY
1. Short title, extent and
commencement.- (1) This
Ordinance may be called the Higher Education Commission
Ordinance, 2002.
(2) It extends to the whole of
(3) It shall come into force at
once.
2. Definitions.-In this Ordinance unless there is anything repugnant
in the subject or context,---
(a) “Chairperson”
means the Chairperson of the Commission;
(b) “Commission”
means the Higher Education Commission established under section 4;
(c) ”Committee”
means a committee constituted by the Commission under section 13;
(d) “Controlling
Authority” means the Controlling Authority of the Commission specified in
section 3;
(e) “degree
awarding institutions” means an institution imparting higher education and
awarding degree of its own;
(f) “governing
body” means the Senate, Syndicate or any other executive or governing body, by
whatever name called, of a university or degree awarding institution
established by or under any law;
(g) “Higher
Education” means education at bachelor's and higher level degree courses
including postgraduate certificates, diplomas and research and development
activities;
(h) “Institutions”
means any university or other degree awarding institutions that offers higher
education or is involved in the research and development activities;
(i) “Member”
means Member of the Commission;
(j) “prescribed”
means prescribed by rules made under this Ordinance;
(k) “Public
Sector Institution” means the Institution set up by the Federal Government or a
Provincial Government;
(l) “Secretariat”
means the Secretariat of the Commission; and
(m) “University”
means a university established or incorporated under any law for the time being
in force.
CHAPTER II
ESTABLISHMENT AND FUNCTIONS OF COMMISSION
3. Controlling Authority.-The Controlling Authority of the Commission shall be
the Prime Minister or, as the case may be, the Chief Executive of the Islamic
Republic of Pakistan who may supervise the affairs of the Commission.
4 Establishment of the Commission.-(1) As soon as may be, the Federal Government shall,
by notification in the official Gazette, establish a Commission to be called
the Higher Education Commission.
(2) The Commission shall be a body
corporate having perpetual succession and a common seal with powers, subject to
the provisions of this Ordinance, to acquire, hold and dispose of property,
both movable and immovable, and shall by the said name sue or be sued.
(3) The headquarter of the Commission
shall be at
5. Appointment of Chairperson.-(1) The Controlling Authority shall appoint a person
of international eminence and proven ability who has made significant
contribution to higher education as teacher, researcher or administrator, as
Chairperson on such terms and conditions as it may determine.
(2) The Chairperson appointed under
sub-section (1) shall have the status of Federal Minister.
6. Composition and constitution of
the Commission.-(1) The Commission
shall consist of following members, namely:---
(a) the
Chairperson;
(b) the
Secretary, Ministry of Education;
(c)
Secretary,
(i)
Information Technology and Telecommunications Division; or
(ii)
Scientific and Technologic Research Division;
(d) four
nominees appointed in the manner specified in sub-sections (3) and (4); and
(e) ten
members appointed in the manner specified in sub-sections (3) and (4); and
(f)
Executive Director to the Commission.
(2) The Executive Director of the
Commission shall be ex-officio Secretary of the Commission.
(3) The Controlling Authority in the
first instance shall appoint ten members of the Commission out of whom,---
(a) seven shall be persons of international eminence
and proven ability with significant contribution to higher education as
teacher, researcher or administrator provided that at least one of the members
shall be a woman;
(b) one member shall be a Rector or Vice-Chancellor
appointed by the Controlling Authority out of a panel of three persons
suggested by a committee consisting of all Vice-Chancellors of public sector
universities to be set up by the Commission; and
(c) two members shall be persons of eminence from the
private sector who have made significant contributions in the field of higher
education or research and development.
(4) In all subsequent appointments of
the members specified in clause (a) of sub-section (2) the Commission shall
suggest a panel of three persons for each seat out of whom one may be appointed
by the controlling Authority not later than one month from the date of reciept
of the names proposed by the Commission and the Controlling Authority may not
appoint any of the persons proposed by the Commission and may seek a fresh
proposal for suitable persons for appointment as members.
(5) The Chairperson and the members
shall hold office for a period of four years and shall in no case be eligible
for re-appointment for more than one similar term.
(6) The Chairperson and the members may
not be removed from office before the expiry of their term save on proven
charges of corruption, inefficiency, permanent disability or failure to attend
two consecutive meetings without intimation in advance.
7. Honorarium and allowances of the
members.-The members, other than
Chairperson and Executive Director, shall not be entitled to any salary or
benefits for their services except such honorarium and allowances as may be
prescribed.
8. Resignation and filling of
vacancies.- (1) The Chairperson or
any Member may, by writing under his hand addressed to the Controlling
Authority resign from his office.
(2) Any vacancy occurring in the
membership of the Commission due to death, removal or resignation shall be
filled in accordance with the provisions of this Ordinance. In case the vacancy
is not filled within three months, the Commission shall itself appoint person
out of the panel referred in sub-section (4) of section 6.
(3) In the case of vacancy occurring in
the office of the Chairperson, the Controlling Authority may nominate any
Member of the Commission to act as Chairperson for a maximum period of three
months during which period the Controlling Authority shall fill in the vacancy
by appointing a regular Chairperson
9. Meetings of the Commission.- (1) A meeting of the Commission shall be held at
least twice in a financial year on such day, at such time and place as the
Chairperson may determine. At least six members may also call a meeting of the
Commission in relation to the functions of the Commission only.
(2) For the purposes of a meeting of
the Commission, nine members shall constitute a quorum.
(3) The Chairperson or, in his absence,
a Member, elected by the members present in the meeting for the purpose, shall
preside over a meeting of the Commission.
(4) All decisions of the Commission
shall be expressed in terms of the opinion of the majority of its members
present and voting. In the event of an equality of votes, the Chairperson or,
as the case may be, the Member presiding the meeting shall have a casting vote:---
Provided that the Controlling Authority
may refer any decision of the Commission to the Commission for reconsideration.
10. Powers and functions of
the Commission.- (1) For dire evaluation, improvement, and promotion
of higher education, research and development, the Commission may,---
(a) formulate policies,
guiding principles and priorities for higher education Institutions for
promotion of socio-economic development of the country;
(b)
cause evaluation of the performance of Institutions;
(c) prepare,
through consultation with the Institutions, plans for the development of higher
education and express its opinion on all matters relating thereto;
(d)
prescribe conditions under which Institutions, including those that are
not part of the State educational system, may be opened and operated;
(e)
set up national or regional evaluation councils or authorize any existing
council or similar body to carry out accreditation of Institutions including
their departments, faculties and disciplines by giving them appropriate
ratings. The Commission shall help build capacity of existing councils or
bodies in order to enhance the reliability of the evaluation carried out by
them;
(f)
advise the Federal Government and the Provincial Governments on proposals
for granting a charter to award degrees in both public and private
sector;
(g) submit
to the Federal Government the recurring and development budgets for
public sector Institutions and allocate funds to public sector Institution
out of bulk financial provision received from the government and other
resources on performance and need basis;
(h) review
and examine the financial requirements of public sector Institutions; approve
and provide funds to these Institutions on the basis of annual recurring needs
as well as for development projects and research based on specific proposals
and performance and whiple approving funds for a public sector Institution the
Commission shall ensure that a significant proportion of the resources of the
Institution are allocated to research support and libraries;
(i) approve projects within the same ceilings as are
specified for Department Development Working Party;
(j) advise
Institutions in raising funds from sources other than the Government;
(k) support
the development of linkages between Institutions and industry as well as
national and international organizations that fund research and development
with a view to enhancing research;
(l)
facilitate the introduction of educational programmes that meet the needs of
the employment market and promote the study of basic and applied sciences in
every field of national and international importance in the Institutions;
(m) advise
Institutions in ensuring a proper balance between teaching and research;
(n) cause to
be setup testing bodies or designate any existing body for the purpose;
(o)
determine the equivalence and recognition of degrees, diplomas and certificates
awarded by Institutions within the country and aboard:
(p) develop
guidelines and facilitate the implementation of a system, of evaluation of
performance of faculty members and Institutions;
(q) provide
guidelines as regards minimum criteria and qualifications for appointment,
promotion, salary structure in consultation with the Finance Division and other
terms and conditions of service of faculty for adoption by individual
Institutions and review its implementation;
(r) take measures,
including the allocation of funds, for the establishment of fellowships,
scholarships, visiting professorships programmes or any other programme, in
addition to assistance of similar programmes of Institutions; and facilitate
greater mobility of faculty through national and international contacts;
(s) set up
committees comprising national and international experts in various disciplines
to advise the Commission on its affairs;
(t) promote
formal links between Institutions in the country to make the most effective use
of experience and specialized equipment and promote national and international
linkages with respect to knowledge sharing, collaborative research, personnel
exchange and cost sharing;
(u)
encourage, support and facilitate training programs, workshops and symposia;
(v) guide
Institutions in designing curricula that provides a proper content of basic
sciences, social sciences, humanities, engineering and technology in the
curricula of each level and guide and establish minimum standards for good
governance and management of Institutions and advise the Chancellor of any
institution on its statutes and regulations;
(w) establish an endowment fund for higher education with
contributions from governmental as well as non-governmental resources;
(x) collect
information and statistics on higher education and Institutions as it may deem
fit and may cause it published; and
(y) perform
such other functions consistent with the provisions of this Ordinance as may be
prescribed or as may be incidental or consequential to the discharging of the
aforesaid functions.
(2) The Commission shall perform all
its functions efficiently and diligently.
11. Secretariat of Commission. --- (1) The Commission shall appoint an Executive
Director in the manner prescribed who shall, unless earlier removed on any of
the grounds specified in sub-section (6) of section 6, hold office for four
years and shall be responsible for the various activities of the Commission.
(2) The Executive Director shall be the
head of the Secretariat. The Secretariat shall act as the executing wing of the
Commission and shall be responsible for implementation of all the orders,
decisions. directives and policy of the Commission.
12. Recruitment of officers, etc.-(1) The Commission may, from time to time, appoint
such officers, servants, consultants and advisers as it may consider necessary
for the efficient performance of its functions on such terms and condition as
may be prescribed by the Federal Government.
(2) The Commission shall make rules for
recruitment of its employees.
13. Committees. -(1) The Commission may setup as many committees as may
be required to effectively perform its functions.
(2) The composition and functions of a
committee shall be such as the C6mmission may determine.
CHAPTER III
ACCOUNTS AND AUDIT
14. Account and reports of the
Commission. (1) The Commission shall
have an account to which shall be credited all grants and contributions made by
the Federal Government or a Provincial Government or by any person or authority
and out of which shall be disbursed the grants and other expenditure to be made
and incurred by the Commission.
(2) The Federal Government shall
provide funds to the Commission for meeting all expenses required for discharging
its functions and for the public sector institutions and shall, subject to
availability of funds, provide annual grants regularly.
(3) The accounts of
the Commission shall be,---
(a)
maintained in such form and manner as the Federal Government may, in
consultation with the Controller General of Accounts, determine; and
(b) audited by
Auditor-General of
(4) The Commission shall after the end
of every financial year, submit to the Controlling Authority the audited annual
statement of accounts of the Commission, together with the report of the
Auditor-General of Pakistan.
(5) The Commission shall also submit to
the Controlling Authority after the end of every year a report on the state of
higher education and on its activities during that year.
CHAPTER IV
MISCELLANEOUS
15. Authentication of decisions,
etc.- All decisions of the
Commission shall be authenticated by the signature of the Chairperson or of any
other member authorized by it in this behalf and all other orders or
instruments issued or executed by or on behalf of the Commission shall be
authenticated by the signature of an officer of the Commission authorized by
it.
16. Representation of Commission.-Any law or other instrument providing for the
establishment or incorporation of a university or a degree awarding institution
shall have effect as if it provided for the governing body of the university or
degree awarding institution consisting of a nominee of the Commission in
addition to the members of the governing body.
17. Validity of proceedings.- No act, proceedings, decision or order of
the Commission shall be invalid by reason only of the existence of vacancy in,
or defect in the constitution of, the Commission.
18. Delegation of function.- The Commission may, by general or special order
and subject to such conditions as it may deem fit to impose delegate to
Chairperson, Executive Director or any of its member any of its functions under
this Ordinance.
19. Chairperson, member and
officers, etc., to be public servants.- The Chairperson, members, officers, servant, consultant and advisers
shall be deemed to be public servants within the meaning of section 21 of the
Pakistan Penal Code (Act
XLV of 1860).
20. Ordinance to override other
laws.- The provisions of this
Ordinance shall have effect notwithstanding anything to the contrary contained
in law for the time being in force.
21. Power to make
rules.- The Commission may, with
the prior approval of the Controlling Authority, by notification in the
official Gazette, make rules for carrying out the purposes of this Ordinance.
22. Repeal.-(1) The University Grants Commission Act, 1974 (XXIII
of 1974), is hereby repealed.
(2) Upon commencement of this Ordinance,---
(a) all
funds, properties rights and interests of whatsoever kind issued and used,
enjoyed, possessed, owned or vested in the UGC in existence immediately before
such commencement and all liabilities, legally subsisting against the said UGC
shall pass to the Commission established under this Ordinance;
(b)
everything done, action taken, obligation or liabilities incurred, rights and
assets acquired, persons appointed, or authorized jurisdiction or power
conferred, endowment, bequests, funds, or trust created, donations or grants
made or issued under any provision of the repealed Act, rules, applicable to
the said UGC shall remain in force and be continued and, be deemed to have been
respectively done, taken, incurred, acquired, appointed, authorized, conferred,
created, made, or issued under this Ordinance and reference in any document, to
any provision of the said Act or rules made thereunder shall, so far
as may be, be deemed to be reference to the corresponding provisions of this
Ordinance or the rules made or deemed to have been made thereunder; and
(c) any
rules made under the repealed Act shall, in so far as they are not inconsistent
with the provisions of this Ordinance of the rules made there under having
recourse to the various matters which by this Ordinance have to be regulated or
prescribed by rules shall continue to be in force, until they are repealed,
replaced, rescinded or modified in accordance with the provisions of this
Ordinance; and
(d) all
contracts and working arrangements made and incurred by the UGC in
connection with and for the purpose of the UGC, before the establishment of
this Commission shall be deemed to have been made or incurred by the Commission
and have effect accordingly; and
(e)
notwithstanding anything contained in any law, contract or agreement or in the
condition of service, every officer, servant or employee of the UGC existing
immediately before the establishment of this Commission shall, on such
establishment, stand transferred to, and become an employee of the Commission
on such terms and conditions as may be prescribed by rules:
Provided that the pay and allowances to which an
officer and servant of the Commission shall be entitled shall not be
less favourable than those to which he was entitled immediately
before such transfer and no person who stands transferred to the
Commission shall, notwithstanding anything contained in any law, contract or
agreement, be entitled to any compensation because of such transfer.
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