Updated: Thursday August 08, 2013/AlKhamis
Shawwal 02, 1434/Bruhaspathivara
Sravana 17, 1935, at 03:38:25 AM
[1][1]The [2][2][
(W.P. Ordinance XX of 1970)
[
An
Ordinance to provide for control over and management of private colleges in [3][3][the
Preamble.— WHEREAS It is expedient to make provisions
to enable the private colleges in [4][4][the
NOW, THEREFORE, in pursuance of the Martial Law
Proclamation of 25th March, 1969, read with the Provisional Constitution Order
and in exercise of all powers enabling him in that behalf, the Governor of West
Pakistan is pleased to make and promulgate the following Ordinance:-
1. Short title, extent, commencement and
application.— (1) This
Ordinance may be called the [5][5][
(2) It shall extend to the whole of the
Province of [6][6][the
(3) It shall come into force at once.
(4) It shall apply to all private colleges
except as otherwise provided in this Ordinance.
2. Definitions.— In this Ordinance, unless there is anything
repugnant in the subject or context—
(a) “affiliated to a University” means a college affiliated to a
University and includes a college admitted to privileges of a University;
(b) “Board”
means the Board of Intermediate and Secondary Education, within the territorial
jurisdiction of which a college is located;
(c) “Chairman”
means Chairman of the Governing Body;
(d) “competent
authority” means the Director of Education of the region in which a college is
situated;
(e) “Governing Body” means the Governing Body of
the college;
(f) “Government” means the [7][7][Provincial Government of the
(g) “Private college or institution” means a
college or an institution recognized by a Board for the purpose of education at
the Intermediate level or affiliated to a University for the purpose of higher
education but does not include any college managed by—
(i) Government:
(ii) Local body, a Cantonment Board or a
University; or
(iii) a Governing Body appointed by Government under
the provisions of the [8][8][
(h) “Member”
means a member of the Governing Body;
(i) “prescribed”
means prescribed by rules or regulations made under this Ordinance;
(j) “Parent Body” means the person who, or the
association of persons which founded, established or maintained and managed the
college prior to the establishment of the Governing Body;
(k) “principal” means the principal officer
incharge of the college;
(l) “registered
benefactor” means a person who after the commencement of this Ordinance donates
in lump sum an amount not less than Rs. 15,000.00 to the college fund and whose
name shall be entered in a register maintained by the principal for the
purpose;
(m) “teacher” means a Professor, Associate
Professor, Assistant Professor, Reader, Lecturer or any employee of the college
imparting instructions and includes the principal, the demonstrator, the
Director of Physical Education and the Physical Instructor.
3. Establishment of Governing Body.— For the efficient management and control of
a college, there shall be established by the competent authority a Governing
Body.
[9][9][4. Constitution of Governing Body.— (1) Subject to the provisions of sub-section
(3) of section 10, the Governing Body shall consist of the following members,
namely:-
(i) the principal of the college;
(ii) three teachers to be elected by the teachers
of the college from amongst themselves;
(iii) four members to be nominated by the Parent
Body;
(iv) one nominee of the registered benefactors of
the college;
(v) two nominees of the competent authority;
(vi) one nominee of the Syndicate of the University
in the case of a college affiliated to the University; provided that he shall
not be a nominee for any other college; and
(vii) one nominee of the Board in the case of a
college recognised by the Board for the purpose of education at the
Intermediate level; provided that he shall not be a nominee for any other
college.
(2) If any member of the Governing Body is
not appointed, elected or nominated within thirty days of the promulgation of
the [10][10][Punjab] Private Colleges (Management and
Control) [11][11][* * *] (Amendment) Ordinance, 1970, or in
the case of a new college within thirty days of its recognition by the Board
concerned or affiliation by the University, or any member is not available for
any reason, its remaining members shall continue to act as Governing Body.
(3) There shall be elected in the prescribed
manner a Chairman from amongst such members of the Governing Body as are not
employees of the college or the University or the Board concerned.
(4) The principal shall be the ex-officio Secretary of the Governing
Body.
(5) Members of the Governing Body, other
than the principal, shall hold office for a period of three years and shall be
eligible for nomination or election, as the case may be, for more than one
term.]
5. Removal and Resignation of member and
Chairman.— (1) The Chairman
or a member may resign his office by tendering his resignation to the competent
authority, and the seat of the Chairman and of such member shall become vacant
when the resignation is accepted by the competent authority.
[12][12][(2) The
Chairman or a member may [13][13][after being given an opportunity of being
heard] be removed from office for such reasons and in such manner as may be
prescribed.]
(3) A person appointed as a member by virtue
of his holding a particular office shall cease to be the member on his ceasing
to hold that office.
6. Filling of casual vacancies.— If a vacancy in the office of the Chairman
or a member occurs during the prescribed term, by death, resignation,
disability or otherwise, the vacancy shall be filled in accordance with the
provisions of section 4 and the Chairman or the member so elected or nominated
to fill the vacancy shall hold office for the unexpired term.
7. Meeting of Governing Body.— The meetings of the Governing Body shall be
held at such times and at such places and in accordance with such procedure as
may be prescribed.
8. Powers and duties of Governing Body.— (1) Subject to the provisions of this
Ordinance, the Governing Body shall exercise general supervision and control
over the affairs of the college and without prejudice to the generality of the
above powers it shall—
(a) control
and administer the property of the college notwithstanding the ownership of
such property being that of the Parent Body;
(b) manage
and regulate the funds, finances, assets and investments of the college;
(c) pass
the budget; and
[14][14][(d) appoint
teachers and other employees of the college and may dismiss, remove or retire
them from service or otherwise terminate their services or take other
disciplinary action against them after giving them an opportunity of being
heard.]
(2) It shall be duty of the Governing Body
to ensure—
(a) that
the conditions on which the college has been recognized by a Board or
affiliated to a University and all rules and orders issued by such Board,
University, or other competent educational authorities from time to time regarding
the admission of students, curriculum, syllabus, medium of instructions,
examinations and other cognate matters as applicable to the college are
observed;
(b) that
the provisions of this Ordinance and the rules made thereunder are strictly
enforced;
(c) that
the views expressed by the students on the working of the college in so far as
it affects their interests are given due consideration;
(d) that the accounts of the college are maintained
in the form and audited in the manner approved by the competent authority.
[15][15][8-A. Review.— (1) Any person
considering himself aggrieved by any disciplinary action taken under clause (d)
of sub-section (1) of section 8 may, within fifteen days of the order in this
behalf, apply to the Review Committee constituted under sub-section (2) to
review the order.
(2) The Review Committee shall consist of
the Chairman and two members to be elected by the members of the Governing Body
from amongst themselves.
(3) On an
application under sub-section (1), the Review Committee shall make
recommendations thereon to the Governing Body, after giving an opportunity to
the aggrieved person of being heard.
(4) The Governing Body shall consider the
recommendations of the Review Committee and make such order as it may think fit.]
9. Powers
and duties of the principal.— Subject to the provisions of this Ordinance and the
rules made thereunder, the principal shall be competent to regulate all matters
connected with the internal administration of the college including admissions,
class promotions, teachers time-table, maintenance of discipline, grant of fee
concessions and scholarships, incurring of the expenditure provided for in the
budget, maintenance of the register of the registered benefactors and making
temporary or officiating appointments of not more than three months duration.
10. Submission of statement.— (1) The Parent Body shall furnish to the
competent authority a statement in the form appended to this Ordinance within
two months of—
(a) the
commencement of this Ordinance, if the college was in existence at the time of
such commencement; or
(b) the
date on which, the college is recognized by a Board, or affiliated to a
University.
(2) The Parent Body shall disclose in the
statement its contribution to the annual expenditure involved in running the
College.
(3) If the contribution made by the Parent
Body is less than twenty-five per centum of the annual expenditure of the
college, the competent authority may reduce the number of nominees of the
Parent Body on the Governing Body to such number as it may deem fit:
[16][16][Provided that after such reduction, the
number of the nominees of the Parent Body shall not be less than two.]
Explanation— For the purposes of sub-section (3) the
amount of contribution made by the Parent Body shall be deemed to include the
income from the property and assets of the college and the rental value,
assessed by the competent authority of the property used by the college and
owned by or vesting in the Parent Body.
11. College fund.— The college shall have a fund to which shall
be credited—
(a) income from fees, donations, trusts, bequests,
endowments, grants, and lumpsum contributions by the registered benefactors;
(b) income
from the property of the college;
(c) contribution
made by the Parent Body;
(d) contributions
or grants-in-aid given by Government; and
(e) income
from all other sources.
12. Bar to derive financial benefits.— No member of the Governing Body shall derive
any financial benefit from the college; provided that nothing in this section
shall debar a person possessing the prescribed qualifications from being
appointed and receiving emoluments and enjoying other benefits as a teacher in
accordance with the rules [17][17][and Regulations made under this ordinance].
13. Inspections.— (1) The competent authority may inspect the
college or cause it to be inspected from time to time by one or more persons
authorised by it in this behalf.
(2) The competent authority may call upon
any college so inspected to take, within a specified period, such actions as
may appear to it to be necessary in respect of any of the matters provided for
in this Ordinance and the rules and regulations made thereunder.
14. Staff Council.— There shall be a Staff Council in the
college consisting of the principal as Chairman and four other senior-most
teachers as members, to advise on the day-to-day affairs of the college and on
other matters mentioned in section 9.
15. [Teachers’ Association] Deleted by the
West Pakistan Private Colleges (Management and Control) (
16. Student-teacher Council.— (1) There shall be a Student-teacher Council
in the college consisting of—
(i) the principal;
(ii) two teachers to be elected in the prescribed
manner by the [18][18][teachers of the college from amongst
themselves], other than those elected on the Governing Body; and
(iii) the President and the Secretary of the
Students’ Union.
(2) The
Council shall consider matters relating to the welfare of the students and make
recommendations to the Governing Body in this behalf.
17. Dissolution
of Parent Body or Governing Body and taking over of college.— If the college ceases
to maintain efficiency and discipline in accordance with or fails to satisfy
the requirements of the provisions of this Ordinance and the rules and
regulations made thereunder or it is conducted in a manner which is prejudicial
to the interest of education, Government may after giving the Parent Body or
the Governing Body, as the case may be, an opportunity to show-cause against
the proposed action—
(a) dissolve
the Governing Body and appoint a Board of Governors under the provisions of the
[19][19][
(b) take
over the college permanently; or
(c) take
such other action as it may deem to be expedient.
18. Appointment
of foreign nationals.— Notwithstanding anything contained in sections 4, 8, 9
and 19 and the rules made under this Ordinance, no person who is a foreign
national shall be appointed to the teaching or administrative staff or elected
or nominated to the Governing Body of a college without the prior approval of
Government.
19. Protection of rights secured by agreement,
custom or usage.— (1) The
provisions of this Ordinance shall have effect notwithstanding anything to the
contrary contained in any other law for the time being in force or in any
contract, instrument, articles of association, deed or other document.
(2) Save as
provided in section 18 nothing in this Ordinance shall affect any agreement,
custom or usage in force immediately before the commencement of this Ordinance
in so far as such agreement, custom or usage ensures conditions of employment
more favourable to the teachers of the college than those prescribed by the
rules made under this Ordinance.
20. Indemnity.— (1) No suit or legal proceedings shall lie
against Government in respect of anything which is, in good faith, done or
intended to be done under this Ordinance.
(2) No suit, prosecution or other
proceedings shall lie against any person in respect of anything which is, in
good faith, done or intended to be done under this Ordinance.
21. Exemption.— [20][20][(1) Government may, by notification in the
official Gazette, on the recommendation of a Tribunal to be constituted for the
purpose and on such grounds as may be prescribed, exempt any college from the
operation of all or any of the provisions of this Ordinance for a period which
shall not be less than three years or more than five years at a time:
Provided
that an application for exemption shall not be made before the expiry of six
months from the establishment of the Governing Body of the college.]
(2) The
constitution, term of office and the procedure of the Tribunal referred to in
sub-section (1) shall be such as may be prescribed.
22. Power to make
rules.—
(1) Government may, by notification in the official Gazette, make rules for
carrying out the purposes of this Ordinance.
(2) In particular and without prejudice to
the generality of the foregoing powers such rules may provide for—
[21][21][(a) grounds
for exemption from the provisions of this Ordinance;
(b) constitution, terms of office and the
procedure of the Tribunal;
(c) election of teachers representatives on the
Governing Body ; and
(d) any other matter required under any of the
provisions of the Ordinance to be prescribed by rules.]
[22][22][23. Power to make regulations.— (1) Subject to the Provisions of sub-section
(3) the Governing Body may frame regulations not inconsistent with the
provisions of this Ordinance and the rules made thereunder, to carry out the
purposes of this Ordinance.
(2) In particular and without prejudice to
the generality of the foregoing powers such regulations shall provide for—
(a) procedure to be followed at the meetings of
the Governing Body and the quorum required at such meeting;
(b) notice on which an ordinary or special meeting
may be convened;
(c) time and place at which meetings of the
Governing Body may be held;
(d) manner in which the minutes shall be
circulated and confirmed;
(e) appointment, confirmation, promotion and
security of service of teachers and other employees of the college;
(f) pay scales and allowances payable to teachers;
(g) contributory provident fund benefits for the
teachers;
(h) grant of leave, medical assistance and other
amenities to teachers;
(i) admission of students to the college;
(j) fixation of fees and funds to be realized from
students;
(k) provision of facilities to students;
(l) grant of fee concessions and scholarships to
students;
(m) establishment and functioning of
Student-teacher Council;
(n) election of the Chairman;
(o) removal of the Chairman and members from the
Governing Body; and
(p) any other matter required under any of the
provisions of this Ordinance to be prescribed by regulations.
(3) Regulations under clause (e) of
sub-section (2) shall be subject to the approval of the competent authority.]
FORM
(See
SECTION 10)
I—GENERAL
1. Name
of the Institution.
2. Location
and address of the Institution.
3. Establishment
of the Institution—
(a) Date
of starting.
(b) Date of recognition by the Board of Intermediate and Secondary
Education concerned in case of Matriculation and Intermediate.
(c) Date
of affiliation to the University for degree classes.
(d) Date
of affiliation for post-graduate classes and other subjects in which
affiliation granted.
4. Medium
of instruction followed.
II—MANAGEMENT
1. Is the Managing Body (Parent Body) registered
with the Registrar, Joint Stock Companies under the Societies Registration Act,
1860?
2. Chief Authority/Agency under whose control
the Institution is working.
3. Attach:-
(a) List
of members of the Managing body with their address.
(b) A
copy of the constitution/constitutions.
III—STAFF
1. Attach statement showing full particulars
regarding qualifications, teaching experience, field of specialization, salary
and scale of each member of the teaching staff.
2. Are the teachers employed on written
agreement? If so, attach a copy of the agreement.
3. Has the Institution made provisions for
provident fund or pension (or both) for teachers?
4. What is the percentage of contribution made
by the Institution towards provident fund?
5. Attach copy of the service rules of the
Institution.
IV—FINANCES
Details
of receipts and expenditure for the year ending 30th June, 1970.
|
Income |
Amount |
Expenditure |
Amount |
|
1. Grants-in-aid from Government. |
|
1. Administrative. 2. Teaching
staff. |
|
|
2. Development
Grant (Specify the purpose)— |
|
3. Ministerial
staff. |
|
|
(a) From Government. |
|
4. Menial
staff. |
|
|
(b) From Evacuee Trust
Board. |
|
5. Rent
of school building |
|
|
(c) From any other source. |
|
6. Electricity
and Water charges. |
|
|
3. Total income from subscription/contribution
endowments. |
|
7. Miscellaneous
(Specify.) (a) Repair of buildings. (b) Telephone. |
|
|
4. From tution fee. |
|
(c) Furniture. (d) Library. |
|
|
5. From different funds. |
|
(e) Scholarships. (f) Sports. |
|
|
6. Contribution by the parant Body. |
|
(g) Any other item of expenditure. |
|
|
7. From any other
source (specify). |
|
|
|
|
Total Receipts___________________ |
Total Expenditure_______________ |
||
ASSETS
AND LIABILITIES
|
Assets |
Amount |
Liabilities |
Amount |
|
1. Details of immovable property |
|
1. Loans, if any. |
|
|
2. Trusts and endowments. |
|
2. Over-draft at bank. |
|
|
3. Cash in bank. |
|
3. Rent of the building, if hired. |
|
|
4. Cash with manager or treasurer. |
|
4. Any other liability (Specify). |
|
|
Total_________________________ |
Total_________________________ |
||
V—BUILDINGS
1. Attach plan of buildings.
2. Does the Institution possess the buildings of
its own? If yes, attach transfer deed.
3. Are the buildings acquired on long lease ? If
so, a copy of the lease deed should be attached.
4. List showing details of—
(a) Class-rooms giving size of each room.
(b) Laboratories.
(c) Library.
VI—HOSTEL
(IF MAINTAINED)
1. Maximum
number of boarders who can be accommodated.
2. Arrangement
for medical aid.
3. Status
of the Superintendent/ Warden.
4. Does
the Superintendent/ Warden reside inside or near the hostel?
5. Sanitary
and hygienic condition of the hostel.
VII—PLAY
GROUNDS
Are there playgrounds attached to the
Institution? Please specify the area of different play fields.
VIII—FURNITURE
Attach the list of main items of
furniture which are used by the students.
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 25th June 1970; published in
the West Pakistan Gazette (Extraordinary) dated 25th June, 1970, pages 1466-A
to 1466-I; saved by Article 281 of the Interim Constitution of Pakistan (1972);
and, validated by the Validation of Laws Act, 1975 (LXIII of 1975).
[2][2]Substituted,
for “West Pakistan”, by the
[3][3]Ibid.
[4][4]Ibid.
[5][5]Ibid.
[6][6]Ibid.
[7][7]Substituted, for “Government
of West Pakistan”, by the
[8][8]Substituted ibid., for “
[9][9]Substituted by the West Pakistan
Private Colleges (Management and Control) (
[10][10]Substituted,
for “West Pakistan”, by the
[11][11]The word “
[12][12]Substituted by the West
Pakistan Private Colleges (Management and Control) (
[13][13]Inserted by the Punjab
Private Colleges (Management and Control) (Amendment) Ordinance, 1985 (V of
1985).
[14][14]Substituted by the West
Pakistan Private Colleges (Management and Control) (
[15][15]Added ibid.
[16][16]Added by the West Pakistan
Private Colleges (Management and Control) (
[17][17]Inserted by the West Pakistan
Private Colleges (Management and Control) (
[18][18]Substituted
by the West Pakistan Private Colleges (Management and Control) (Punjab
Amendment) Ordinance, 1970 (X of 1970), for the words “Teachers’ Association
from amongst its members.”
[19][19]Substituted,
for “West Pakistan”, by the
[20][20]Substituted by the West
Pakistan Private Colleges (Management and Control) (
[21][21]Clauses (a) to (j) subs. ibid.
[22][22]Substituted ibid.
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