Updated: Thursday October 13, 2016/AlKhamis
Muharram 12, 1438/Bruhaspathivara
Asvina 21, 1938, at 05:43:39 PM
The
ACT XI OF 2013
An Act to provide for the registration, regulation and
functioning of private educational institutions in
Whereas, it is expedient to regulate
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;
It is hereby enacted as follows:---
1. Short title, extent and
commencement.---(1) This Act may be
called the Islamabad Capital Territory Private Educational Institutions
(Registration and Regulation) Act, 2013.
(2) It extends to the whole of the
(3) It shall come into force at once.
2. Definitions. In this Act, unless there is anything repugnant in
the subject or context,---
(a) “Authority”
means the Islamabad Capital Territory Private Educational Institutions
Regulatory Authority (ICT-PEIRA) established under section 3;
(b) “Board”
means the Federal Board of Intermediate and Secondary Education,
(c) “Chairman”
means the Chairman of the Authority;
(d) “college”
means a privately managed college imparting education for intermediate or
higher secondary education or equivalent;
(e) “Government”
means the Federal Government;
(f) “institution”
means a privately managed school, college, tuitions centre or an institution
imparting education upto intermediate or higher secondary school level or
equivalent;
(g) “member”
means the member of the Authority;
(h) “prescribed”
means prescribed by rules or regulations made under this Act;
(i) “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; and
(j) “school” means a
privately managed school or tuition centre imparting education at pre-primary
level including day-care centre and from pre- primary level to secondary
education level or equivalent.
3.
Establishment of the Authority.__(1) There shall be established an Authority to be
known as the Islamabad Capital Territory Private Educational Institutions
Regulatory Authority (ICT-PEIRA).
(2) The
Authority shall be a body corporate, having perpetual succession and a common
seal, with power, subject to the provisions of this Act 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 Authority.__The aims and objectives of the Authority shall be to
register and regulate privately managed educational institutions in the
Islamabad Capital Territory to ensure that such institutions follow a uniform
policy that includes,---
(a) curricula according to
Federal scheme of studies;
(b) duration of academic
session and holidays or vacations;
(c) determination and
fixation of rate of fee being charged by the institutions, qualifications of
teaching staff, their terms and conditions of service including salaries and
mode of payment of their salaries;
(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) capacity building of
teachers; and
(g) performance of such
other functions as may be incidental or conducive, to the attainment of the
aforementioned objectives.
5. Functions and power
of the Authority.__(1) the functions and powers of the 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 Act;
(b) to register and
regulate, private educational institutions in Islamabad Capital Territory
including fixation of grade-wise rate of admission fee, security fee, monthly
tuition fee and other fees being charged by private educational institutions;
(c) to cause inspections
to be made by such persons as the 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 Act;
(e) to check
qualifications of teaching staff and their terms and conditions of service;
(f) to fix, demand and
receive such fee 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 ensure that the
services, quality of education being provided and salary paid to the teachers
commensurate with the fee being charged;
(i) to ensure that the
building of the institution is adequate and its structure is sound to house the
students;
(j) to arrange for the
annual audit of the accounts of the 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,
regulations and policy and to execute the same; and
(m) to prescribe fines to
be imposed for, violation of any of the provisions conferred upon the Authority
under this section.
(2) The
Authority shall perform such other functions as may be assigned to it by the
Government including the appointment of staff and determination of their terms
and conditions of service for proper execution of the functions assigned to the
Authority under this Act.
(3) In
discharge of its functions the Authority shall be guided on questions of policy
given to it from time to time by the Government.
(4) All
the law enforcement agencies shall come in aid of the Authority in exercise of
its powers and performance of its functions.
6. Composition of the
Authority.__The 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 the number of members and by
notification in the official Gazette, prescribed 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
ensure the observance of the provisions of this Act and the rules, regulations
and policy made thereunder.
(3) The
Chairman shall take all possible steps to ensure that the funds of the
Authority are spent judiciously and properly.
8. Maintenance of
accounts and audit.__The 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, may determine. The
accounts shall be audited by the Auditor General of
9. Funds.__(1) The Authority shall be a self-financing body. In
addition to this, the Government shall allocate annual grant which shall be at
the disposal of the Authority, to meet all the expenses including pay and
allowances of the staff.
(2) The
Authority shall have a Fund to which shall be credited all income including
income from inspection fee, registration fee, security fee, fine, other sources
and annual grant from the Government, and account therefore shall be maintained
in a scheduled bank.
10. Staff’s 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
Government.
(2) The
Authority may appoint such staff as may be prescribed under rules for carrying
out its functions.
11. Directions from
Government.__The general direction and administration of the
affairs of the Authority shall vest in the Chairman and members. The Government
shall be the sole judge as to whether a question is a question of policy and
may, as and when it considers necessary, issue directives to, the Authority on
matters of policy and the same shall be binding on the Authority.
12. Establishment or
continuance of an institution.---No institution shall be established or
continued except in accordance with the provisions of this Act.
13. Application for
registration of an institution.__(1) Any person intending to establish or continue any
existing institution shall make an application to the 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 Act 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.
(4)
Affiliation of a private educational institution with the Board or any foreign
board or any other examining body shall be subject to registration with the
Authority.
14. Inquiry and
recommendation about the application.__(1) The Authority may, on the receipt of an
application under section 13 constitute an Inspection Committee to make inquiry
about such matters as may be prescribed.
(2) The
Inspection Committee shall submit its recommendations to the Authority within
thirty days of the receipt of the application by it under sub-section (1).
(3) The
Authority shall, after considering the report of the Inspection Committee and
after making such further inquiry, as it considers necessary, either grant or
reject the application.
(4) The
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 Authority and for this 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 Act, the
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 Authority, on receipt of a complaint or
otherwise, after making such inquiry or inspection as deemed fit, is satisfied
that there is a contravention of any of the provisions of this Act, the rules
or terms or condition of the certificate of registration or any order passed or
instruction issued by the 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 can be 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
Authority may make such orders and take such action with respect to the
completion of the current education term as may be considered necessary.
(3) On
the cancellation of the certificate of registration under this section, the
institution shall be closed down by the Authority.
17. Appeal. Where the 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
Authority, prefer an appeal to the Secretary, Ministry of Capital
Administration and Development and the order passed by him shall be final and
given effect to by the Authority.
18. Annual reports.(1)
The institutions shall furnish to the Authority 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
Authority.
(2) The Authority may, from time to
time, give such instructions as it considers necessary for compliance by the
institutions.
(3) The Authority shall submit to the
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 Act
or the rules made there under shall be punished with imprisonment which may
extend to one year or with fine which may extend to five thousands rupees for
each day during the period the offence continues, or with both.
20. Cognizance of offence. No court snail take
cognizance of an offence under this Act except upon a complaint in writing made
by the 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 Authority or any person acting under this Act
for anything which is done in good faith or intended to be done under this Act.
22. Power to make rules. The Government may, by
notification in the official Gazette, make rules to carry out the purposes of
this Act.
23. Power to make regulation. A board may, with the prior approval in writing of
the Government, make such regulations as appear to it to be necessary for
carrying out the purposes of this Act.
24. Removal of difficulties. If any difficulty arises in giving effect to any
provisions of this Act, the Government may make such order, not inconsistent
with the express provisions of this Act, as may appear to it necessary or
expedient for the purpose of removal of the difficulty.
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