Updated: Friday September 23, 2016/AlJumaa
Thoul Hijjah 21, 1437/Sukravara
Asvina 01, 1938, at 05:36:43 PM
ORDINANCE No. IX OF 2007
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..
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.
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 an 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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