Updated: Friday September 23, 2016/AlJumaa
Thoul Hijjah 21, 1437/Sukravara
Asvina 01, 1938, at 05:30:15 PM
ORDINANCE No.
AN
ORDINANCE
to provide for the registration, regulation,
promotion and functioning of private educational institutions. in
WHERHAS it is expedient to regulate and
promote the functioning of private educational institutions in the Islamabad
Capital Territory and to provide for the registration of such institutions
ensuring, adequate transparency and proper discipline and formation: connected therewith
or incidental thereto;
AND WHEREAS the National Assembly is not in
session and the President is satisfied that circumstances exist which render it
necessary to take immediate action;
Now, THEREFORE in exorcise of the powers
conferred by clause (1) of Article 89 of the Constitution of the Islamic
Republic of Pakistan, the President is pleased to make and promulgate the
following Ordinance:---
1. Short title, extent and commencement.(1) This Ordinance may be called the
Islamabad Capital Territory Private Educational Institutions (Regulation and
Promotion) Ordinance, 2007.
(2) It extends to the whole of the
(3) It shall come into force at once.
2. Definitions.—In this Ordinance, unless there is anything
repugnant in the subject or context,---
(a) “Board”
means the Federal Board of Intermediate and Secondary Education,
(b) “Chairman.”
means the Chairman of the Regulatory Authority;
(c) “college”
means a privately managed college imparting education for Intermediate or
Higher Secondary education;
(d) “Government”
means the Federal Government;
(e) “institution”
means a privately managed school, college or an institution imparting education
upto Intermediate or
(f) “Member”,
means the member of the Regulatory Authority;
(g) “prescribed”
means prescribed by rules made under this Ordinance;
(h) “privately
managed' means an institution which is not owned or managed by a Government, a
local body or a body set up or controlled by the Government;
(i) “Regulatory
Authority” means the Islamabad Capital Territory Private Educational
Institutions (Regulation and Promotion) Regulatory Authority established under
section-3;
(j) “rules”
mean the rules made under this Ordinance; and
(k) “school”
means a privately managed school imparting education from pre-primary to
Secondary education.
3. Establishment of the Regulatory
Authority.(1) There
shall be established a regulatory authority to be known as the Islamabad
Capital Territory Private Educational Institutions (Regulation and Promotion)
Regulatory Authority.
(2) The Authority shall be a body corporate,
having perpetual succession and a common seal, with power, subject to the
provisions of this Ordinance to enter into contracts, acquire and hold property
both movable and immovable, and shall by the said name sue and be sued.
4. Aims and objectives of Regulatory
Authority.—The aims
and objectives of the Regulatory Authority shall be to register, regulate and
promote privately managed educational institutions in the Islamabad Capital
Territory to ensure that such institutions follow a uniform policy regarding,---
(a)
curricula;
(b)
duration of academic session and holidays or vacations;
(c)
qualifications of teaching staff and their terms and conditions of service;
(d)
promotion of curricular and co-curricular activities on inter-institutional
basis;
(e)
achievement of fair measure of uniformity of academic standards and evaluation
among the institutions:
(f)
provision of professional guidance to the institutions on related matters; and
(g)
performance of such other functions as may be incidental or conductive to the
attainment of the aforementioned objectives.
5. Functions
and powers of Regulatory Authority. (1) The functions and powers of the Regulatory Authority shall
be,---
(a) to
regulate determine and administer all matters and do all such acts and things
as are necessary for the achieving of aims and objectives of this Ordinance;
(b) to
register, regulate and promote private educational institutions in
(c) to
cause inspections to be made by such persons as the Regulatory Authority may
nominate of institutions applying for registration or of registered
institutions;
(d) to
withdraw registration if it is satisfied after the inspection that the
management and instructions in an institution are not of prescribed • standard
and are in violation or the provisions of this Ordinance;
(e) to
check qualifications of teaching staff and their terms and conditions of
service;
(f) to fix
demand and receive such fees for registration and inspection of the institution
as may be prescribed;
(g) to
adopt measures to promote physical and moral well-being of students including
sports facilities;
(h) to see
that the services and quality of education being provided is commensurate with
the lees being charged;
(i) to
ensure that the building oldie institution is adequate and its structure sound
to house the students;
(j) to
arrange for the annual audit of the accounts of the Regulatory Authority;
(k) to
execute any other important matter concerning its functions as may be
incidental or conducive to the exercise or aforesaid powers and performance of
fit fractions; and
(l) to make
rules, policy and to execute the same.
(2) In discharge of its functions the
Regulatory Authority shall be guided. on questions of policy given to it from
time to time by the Government.
6. Composition of the Regulatory Authority.—The Regulatory Authority shall consist of a
Chairman, two Members possessing qualifications and experience as may be
prescribed:---
Provided that the Government may at any time
increase or decrease by decrease the number of members mid. by notification in
„the official Gazette prescribe the qualifications and mode of their
appointment.
7. Appointment, functions and powers of
Chairman.—(1) The
Chairman and the Members shall be appointed by the Government on such terms and
conditions as it may determine.
(2) The Chairman shall be the chief
executive officer of the Authority, who shall exercise the powers under this
Ordinance and ensure that the rules made by the Regulatory Authority are
strictly observed.
(3)
The Chairman shall perform such other functions as may be assigned to him by
the Government including the appointment of staff and determination of their
terms and conditions of service, etc; for proper execution of the functions
assigned to the Regulatory Authority under this Ordinance.
(4) The Chairman shall take all possible
steps to ensure that the-funds of the Regulatory Authority are spent
judiciously and properly.
8. Maintenance of accounts and audit.—The Regulatory Authority shall maintain
complete accounts of income and expenditure in such manner and form as the
Government, in consultation with the Controller General of Accounts determines.
The accounts shall be audited by the Auditor General of
9. Funds.—(1) The Regulatory Authority shall be a
self-financing body.
(2) The Regulatory Authority shall have a
fund to which shall be credited all income including income from inspection
fee, registration fee, other sources, etc., and account shall be maintained in
scheduled commercial bank of
10. Staff pay and allowances.—(1) The pay and allowances of the staff
shall be such as are in force in the Board or other similar Regulatory
Authorities of the Federal Government.
(2) The Regulatory Authority may appoint
such staff as it may deem appropriate for carrying out its functions.,
11. Direction from Government.—The general direction and administration of
affairs of the Regulatory Authority shall vest in the Chairman but the
Government which shall be the sole judge as to whether a question is a question
of policy may, as and when it considers necessary: issue directives to the
Regulatory Authority on matters of policy and the same shall be binding on the
Regulatory Authority.
12. Establishment or continuance of an
institution.—No
institution shall he established or continued except in accordance with the
provisions of this Ordinance.
13. Application for registration of an
institution.—(1) Any
person intending to establish or continue any existing institution shall make
an application to the Regulatory Authority in the prescribed form accompanied
by such documents and fee as may be prescribed.
(2) An existing institution may continue to
function for a period not exceeding ninety days from the commencement of this
Ordinance and where an application is made under sub-section (1) until the
application is rejected or if any appeal is preferred until the decision of the
appeal.
(3) Every institution or its branches
running under the same management or name at different premises shall be
registered separately.
14. Enquiry and recommendation about the
application.—(1) The
Regulatory Authority 'nay, on the receipt of an application, under section 13
constitute an Inspection Committee to make enquiry about such matters as may he
prescribed.
(2) The inspection Committee shall submit
its recommendations to the Regulatory Authority within thirty days of the
receipt by it of the application under sub-section (1).
(3) the Regulatory Authority shall after
considering the report of the Inspection Committee and after making such
further enquiry, as it considers necessary: either grant or reject the
application.
(4) The Regulatory Authority shall record
reasons for granting or rejecting the application:
Provided that no order of refusal shall be
made without giving the person concerned an opportunity of being heard.
15. Monitoring, inspection. etc.—(1) An institution shall he subject to
monitoring by the Regulatory Authority and for the purpose the Government or
any officer or authority authorized by it may inspect any institution with a
view to ensuring that such a» institution is maintained in accordance with the
provisions of this Ordinance, rules and the terms and conditions of the
certificate or registration, and the management of the institution shall Mimi
all facilities for carrying out a proper inspection.
16. Cancellation or suspension of
certificate of registration.(1)
Where the Regulatory Authority, on receipt of a complaint or otherwise, after
making such enquiry or inspection as deemed fit, is satisfied that there is a
contravention of any of the provisions of this Ordinance rules or term or
condition. of the certificate of registration or any order passed or
instruction issued by the Regulatory Authority, it may alter giving an
opportunity to the person concerned of being heard, suspend or cancel the
certificate of registration:
Provided that where the default is capable
of being remedied no order shall be made unless an opportunity is provided to
the person concerned to rectify such default within the specified period.
(2) On the cancellation
or suspension of the certificate of registration, the Regulatory Authority, may
make such orders and take such action with respect to the completion of the
current education term as may be considered necessary.
17. Appeal.—Where the Regulatory Authority rejects an
application for registration or suspends or cancels. the certificate of
registration the aggrieved person may, within thirty days from the date of the
order of the Regulatory Authority, prefer an appeal to the Secretary, Ministry
of Education and the order passed by him shall be final and given effect to by
the Regulatory Authority.
18. Annual reports.—(1)The institutions shall furnish to the
Government each year a report on annual audit accounts, report on the activity
of the institution during the preceding year and such information relating to
its activities as may be required by the Government.
(2) The Regulatory Authority may from time
to time give such instructions as it considers necessary for compliance by the
institutions.
(3) The Regulatory Authority shall submit to
the Federal Government, as soon as possible after the end of every financial
year but before the 30th September a report on the conduct of its affairs for
the year.
19. Penalty.—Subject to the provisions of section 13,
whoever runs an institution in contravention of the provisions of this
Ordinance or rules shall be punished with imprisonment which may extend to one
year or with fine which may extend to live hundred rupees for each day during the
period offence continues or with both.
20. Cognizance of offence.—No court shall take cognizance of an
offence under this Ordinance except upon a complain( in writing made by the
Regulatory Authority or any other authorized by it in this behalf, and no court
inferior to that of a Magistrate of the First Class shall try any such offence.
21. indemnity.—No suit or legal proceedings shall lie
against the Government, the Regulatory Authority or any person acting under
this Ordinance for anything which is in good faith, done., or intended to be
done under this Ordinance.
22. Power to make rules.—Subject to the approval of the Government,
the Regulatory Authority may make rules to provide for all matters for which
provision is necessary or expedient for the purpose of giving effect to the
provisions of this Ordinance.
23. Removal of difficulties.- If any difficulty arises in giving effect
to any provisions of this Ordinance, the Government may make such order, not
inconsistent with the express provisions of this Ordinance as may appear to it
necessary or expedient for the purpose of removal of the difficulty.
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