Updated: Wednesday September 28, 2016/AlArbia'a
Thoul Hijjah 26, 1437/Budhavara
Asvina 06, 1938, at 05:42:36 PM
The
ORDINANCE NO. LIV OF 2009
An Ordinance to provide for the
registration, regulation, promotion and functioning of private educational
institutions in
WHEREAS, 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 for
matters 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 exercise 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.-
(l) This Ordinance may be called the
Islamabad Capital Territory Private Educational Institutions (Regulation and
promotion) Ordinance,2009.
(2) It extends to whole of the
(3) It shall come into force at once
and shall be deemed to have taken effect on and from the 3rd October,2007.
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 institution imparting education up
to intermediate or higher- secondary School level;
(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”
means 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
(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 conducive 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 of 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 fees being charged;
(i) to
ensure that the building of the 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 of aforesaid powers and performance
of functions; 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 the number of members and, 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.- (l) 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
a 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
be 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
subsection (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.- (l) The Regulatory
Authority may, on the receipt of an application, under section 13 constitute an
Inspection Committee to make enquiry about such matters as may be 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 subsection (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 be subject to monitoring by
the Regulatory Authority and for that 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 of
registration, and the management of the institution shall afford 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 after 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 very
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 five hundred rupees for each day during the period offence
continues or with both.
20. Cognizance of 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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