Updated: Friday December 13, 2013/AlJumaa
Safar 10, 1435/Sukravara
Agrahayana 22, 1935, at 09:03:08 PM
[1][1]The
(Pb. Ord. IV of 1984)
[
An
Ordinance to provide for the promotion and regulation of private educational
institutions
Preamble.— Whereas it is expedient to promote and regulate the
setting up and management of private educational institutions in the
NOW, THEREFORE, in pursuance of the proclamation of the
5th day of July, 1977, read with the Laws (Continuance in Force) Order, 1977,
(C.M.L.A. Order No. 1 of 1977), and the Provisional Constitution Order, 1981,
(C.M.L.A. Order No. 1 of 1981), the Governor of the Punjab is pleased to make
and promulgate the following Ordinance: -
1. Short title, extent and commencement.— (1) This Ordinance may be called the Punjab
Private Educational Institutions (Promotion and Regulation) Ordinance, 1984;
(2) It extends to the whole of the
(3) It shall come into force at once.
2. Definitions.— In this Ordinance, unless the context
otherwise requires—
(1) “Board”
means a Board of Education established under any law for the time being in
force;
(2) “College”
means a college preparing students for intermediate, degree or post-degree
level education in any system of education or medium of instruction;
(3) “Government”
means Government of the
(4) “Institution”
means a privately managed college or school or an institution notified as such
by the Government;
(5) “Incharge”
in relation to an institution means and includes every owner, headmaster,
principal, manager or incharge of administration or of teaching and any person
responsible for the management and conduct of the affairs of an institution, by
whatever name called;
(6) “prescribed” means prescribed by rules made under this Ordinance;
(7) “privately
managed” means not owned or managed by a local body or by the Government or by
the Federal Government or by a body set up or controlled by either of the
Governments;
(8) “Registering
Authority” means an Officer appointed or authorised by rules to exercise all or
any of the powers of the Registering Authority under this Ordinance;
(9) “rules”’
means the rules made under this Ordinance.
(10) “School”
means—
(a) a school, by whatever name called, preparing
students from pre-primary to high school education level;
(b) any other institution imparting vocational,
commercial, technical or other specialised education leading to a degree.
diploma or a certificate recognized by Government, University or a Board of
Education; or
(c) an institution for the handicapped; and
(11) “University”’
means a University established under any law for the time being in force.
3. All institutions to be registered.— No institution shall be run unless it is
registered in accordance with the provisions of this Ordinance and the rules:
Provided that an institution in existence on the
commencing day shall apply for registration within ninety days from that day
and may continue to function without registration until the application is
disposed of.
4. Exemptions.— The Government may, by notification, exempt
any institution form the application of this Ordinance.
5. District Committee.— The Government shall, by notification,
constitute a District Committee in each district comprising of at least five
members to perform such functions and in such manner as may be prescribed.
6. Application for registration.— (1) The incharge of an institution may make
an application for registration of an institution to such officer and in such
form as may be prescribed.
(2) The Officer receiving an application
shall forthwith forward the same to the District Committee which, after making
such enquiry about such matters as may be prescribed, shall submit its report
with its recommendations to the Registering Authority within sixty days of the
receipt of the application under sub-section (1).
(3) The Registering Authority shall, after
considering the report of the District Committee and after such further enquiry
as may be necessary if satisfied that the conditions prescribed for granting
registration are fulfilled, issue a Registration Certificate.
(4) No order for refusing to grant a
certificate of registration shall be made without giving the applicant an
opportunity of being heard and without recording reasons therefor.
7. Conditions
of Registration.— An institution shall comply with such conditions of registration
including payment of fees as may be prescribed.
8. Inspection.— (1) The Registering
Authority or an officer authorised by Government may inspect any institution
and may give directions to require compliance with the conditions prescribed
for registration.
(2) The directions under sub-section (1)
shall be communicated to the incharge of the institution through an order and
such person shall comply with the same within such time as may be specified
therein.
9. Cancellation of Registration.— A certificate of registration granted under
section 6 may be cancelled by the Registering Authority after giving an
opportunity of being heard to the incharge of the institution if—
(i) there
is a contravention of any of the provisions of this Ordinance or the rules:
Provided
that in case of a minor default which can be easily remedied, opportunity may
be given to remove the default within a time specified in the order and if it
is not removed within the time so specified cancellation shall follow;
(ii) the
incharge of the institution has failed within the period specified to comply
with any direction issued under the provisions of this Ordinance or the rules;
and
(iii) the
institution has ceased to exist.
10. Appeal.— Any person aggrieved by an order made under sections 6, 8 or 9, may
within thirty days of the date of receipt of the order, prefer an appeal to
such authority as may be prescribed and the decision of the appellate authority
in appeal shall be final.
11. Penalties.— (1) Subject to the provisions of section 3
whoever continues to run an institution without registration or after refusal
or cancellation of registration, shall be punished with fine which may extend
to one hundred rupees for each day during which the contravention continues.
(2) Where the contravention continues for a
period of three months, the institution shall, be liable to closure by the
Registering Authority:---
Provided
that no order under sub-section (2) shall be made without giving to the incharge
of the institution an opportunity of being heard.
12. Cognizance of offence.— No Court shall take cognizance of an offence
punishable under this Ordinance except upon a complaint in writing made by the
Registering Authority or an Officer authorised by it in this behalf and no
Court inferior to that of a Magistrate of the First Class shall try any such
offence.
13. Power to make rules.— Government may make rules to carry out the
purposes of this Ordinance.
14. Repeal.—
The Punjab Registration of Unrecognized Educational Institutions Ordinance,
1962 (W. P. XI of 1962), is hereby repealed.
[1][1]This
Ordinance was promulgated by the Governor of the Punjab on 9th August, 1984;
and, published in the Punjab Gazette (Extraordinary) dated 12th August, 1984;
pages 577-A to 577-D.
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