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RULES, 2015

ISLAMABAD CAPITAL TERRITORY PRIVATE EDUCATIONAL INSTITUTIONS CHAIRMAN AND MEMBER (ACADEMIC) & MEMBER (REGISTRATION) APPOINTMENT AND QUALIFICATIONS) RULES, 2015

[Gazette of Pakistan, Extraordinary, Part-II, 20th November, 2015]

S.R.O. 107(KE)/2015: In exercise of the powers conferred by Section 22 read Section 7 of the Islamabad Capital Territory Private Educational Institutions (Regulation & Promotion) Act, 2013 (Act No. XI of 2013), the Federal Government is pleased to make the following Rules for appointment of Chairman, Member (Academic) & Member (Registration) of Islamabad Capital Territory Private Educational Institutions Regulatory Authority (PEIRA), namely:–

 

1.     Short title and commencement:–

(1)      These Rules may be called the Islamabad Capital Territory Private Educational Institutions Chairman and Member (Academic) & Member (Registration) (Appointment and Qualifications) Rules, 2015.

(2)      They shall apply to the Chairman and Member (Academic) & Member (Registration) appointed under these Rules.

(3)      These shall come into force at once.

2.     Definitions:–In these Rules unless there is any thing repugnant in the subject or context:–

(a)      “Act” means Islamabad Capital Territory Private Educational Institutions (Regulation and Promotion) Act, 2013;

(b)      “Authority” means the Authority as defined in Islamabad Capital Territory Private Educational Institutions (Regulation and Promotion) Act, 2013;

(c)      “Board” means the Federal Board of Intermediate and Secondary Education, Islamabad;

(d)      “Chairman” means the Chairman of the Authority;

(e)      “College” means a privately managed college imparting education for intermediate or higher secondary education or equivalent;

(f)       “Government” means the Federal Government;

(g)      “Institution” means privately managed school, college, tuitions centre or an institution imparting education upto intermediate or higher secondary schools level or equivalent;

(h)      “Member” mean the members of the Authority;

(i)       “Prescribed” means prescribed by rules or Rules made under this Act;

(j)       “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.

(2)  The words and expression used but not defined in these Rules shall have the same meanings as assigned to them in the Act ibid and any other Law/Rules/Instructions for the time being enforced and referred herein.

3.  Qualification and experience for appointment of Chairman:–The education qualification for appointment of Chairman PEIRA shall be Master’s Degree in Education Planning Management/Public Administration or LLM in academic career or Ph.D/M.Phil in above subjects from the institutions recognized by HEC. The candidate should possess 17 years’ experience of management of schools and related educational systems in public or private sector.

4.  Age for Initial Appointment for the post of Chairman:–The candidate should not be less than 45 years and should not be more than 55 years on the date of closing of advertisement.

5.  Qualification and experience for appointment of Member (Academic) and Member (Registration):–The education qualification for appointment of Member (Academic) & Member (Registration) shall be Master’s Degree in Education from the institutions recognized by HEC having minimum five years teaching/administrative experience of schools and related educational systems in public or private sector and knowledge of National and UK scheme of studies upto HSSC and “A” Level.

6.  Age for Initial Appointment for the posts of Member (Academic) and Member (Registration):–The candidate should not be less than 40 years and should not be more than 50 years on the date of closing of advertisement.

7.  Method of Appointment:–Appointment of Chairman, Member (Academic) and Member (Registration) shall be made by 100% initial appointment on tenure basis for initial period of three years, extendable for another term and in accordance with the procedure for appointment circulated vide Establishment Division’s O.M. No. 6/4/96-R-III, dated 10th May, 1997 as amended from time to time by advertisement in the National Press inviting applications on such terms and conditions as may be determined by the Federal Government provided that till completion of process of initial appointment the post of Chairman, Member (Academic) & Member (Registration) may be filled by the Federal Government by posting of civil servants from panel of officers under Section 10 of Civil Servants Act, 1973.

8.  Conflict of Interest: (1) The candidate for appointment as Chairman or Member (Academic) and Member (Registration) have to seek retirement from his existing department/post or his appointment shall be subject to acceptance of resignation from the designated authority and shall not, during his terms of office, engage himself in any other service, business, vocation or employment.

(2)  The Chairman and Members shall not have any direct or indirect financial interest or have any connection with any educational institution imparting education either in public or private sector.

9.  The Chairman and Members to be public servant:–The Chairman and Members appointed under these Rules when acting or purporting to act in pursuance of any of the provisions of this Act or the Rules, shall be deemed to be public servant within the meaning of Section 21 of the Pakistan Penal Code 1860 (Act XLV of 1860).

10.  Salaries and Privileges:–The pay package of Chairman and Member (Academic) & Member (Registration) shall be as may be determined by the Federal Government.

11.  Termination and removal of Chairman and Member (Academic) and Member (Registration):–The contract of Chairman and Member (Academic) and Member (Registration) shall be terminated as per following grounds:–

(i)       If the Chairman or Member (Academic) & Member (Registration) gives 30 days’ notice in writing under his hand addressed to the authority which appointed him or payment of basic pay in lieu thereof without assigning any reason;

(ii)      If the appointing authority gives 30 days’ notice or payments of basic pay in lieu thereof;

(iii)     The Chairman or Member (Academic) & Member (Registration) may be removed by the Federal Government from his office if on an inquiry he is found incapable of performing the functions of his office by reason of mental or physical incapacity or has been found guilty of misconduct;

(iv)     Upon completion of tenure or period of the term and;

(v)      By the order of Court of law.

12.  Ineligibility:–(1) No person shall be eligible for appointment unless he is a citizen of Pakistan.

 

(2)  Persons dismissed or removed from service as a consequence of disciplinary proceedings.

(3)  Persons convicted by the Court of competent jurisdiction and NRO beneficiaries are also ineligible.

13.  Leave:–Persons appointed as Chairman and Member (Academic) & Member (Registration) shall be governed under the Revised Leave Rules, 1980 as amended from time to time, however, the provisions provided in the Standard Terms and Conditions of Contract Appointment shall be applicable.

14.  TA/DA (Domestic/Foreign): As admissible to the Federal Government civil servants carrying equivalent pay package.

15.  Other Benefits:–All other privileges and rights of the Chairman and Members shall be determined by the Rules for the time being applicable to the Federal Government civil servants of corresponding scales.

16.  Monitoring & Evaluation:–Performance of the Chairman and Members shall be monitored by a Committee comprising representatives of administrative Ministry Finance Division, Establishment Division and Law & Justice Division not below the rank and status of Chairman and Members on annual basis as per job requirements.