Islamabad Capital Territory Private Educational Institutions (Regulation and Promotion) Ordinance, 2007
ORDINANCE No. XXIX OF 2007
AN
ORDINANCE
to provide for the registration, regulation, promotion and functioning of private educational institutions. in Islamabad Capital Territory
WHERHAS 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 formation: 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 exorcise 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.(1) This Ordinance may be called the Islamabad Capital Territory Private Educational Institutions (Regulation and Promotion) Ordinance, 2007.
(2) It extends to the whole of the Islamabad Capital Territory.
(3) It shall come into force at once.
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, Islamabad;
(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 an institution imparting education upto 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” mean 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.. 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, Islamabad;
(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 an institution imparting education upto 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” mean the rules made under this Ordinance; and
(k) “school” means a privately managed school imparting education from pre-primary to Secondary education.
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 of service;
(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 conductive 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 Islamabad Capital Territory;
(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 or 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 lees being charged;
(i) to ensure that the building oldie 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 or aforesaid powers and performance of fit fractions; 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 by decrease the number of members mid. 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 Pakistan annually.
9. Funds.—(1) 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 scheduled commercial bank of Pakistan approved by the Government.
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 he 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 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.
14. Enquiry and recommendation about the application.—(1) The Regulatory Authority “nay, on the receipt of an application, under section 13 constitute an Inspection Committee to make enquiry about such matters as may he 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 sub-section (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.
