PRIVATE COLLEGES (MANAGEMENT AND CONTROL)
(W.P. Ord. XX of 1970)
1. Short title,
extent, commencement and application.
3. Establishment of
4. Constitution of
5. Removal and
Resignation of member and Chairman.
6. Filling of casual
7. Meeting of
8. Powers and duties
of Governing Body.
9. Powers and duties
of the principal.
10. Submission of
11. College fund.
12. Bar to derive
14. Staff Council.
16. Student teacher
17. Dissolution of
Parent Body or Governing Body and taking over of college.
18. Appointment of
19. Protection of
rights secured by agreement, custom or usage.
22. Power to make rules.
23. Power to make
PRIVATE COLLEGES (MANAGEMENT AND CONTROL) ORDINANCE, 1970
(W.P. Ordinance XX of
[25 June 1970]
An Ordinance to provide for control
over and management of private colleges in
WHEREAS It is expedient to make provisions to enable the private colleges in
Punjab] to maximize their academic efficiency, to stream-line their
administration and to regulate conditions of service of teachers employed
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 [Punjab]
Private Colleges (Management and Control) Ordinance, 1970.
(2) It shall extend to the whole
of the Province of [the
Punjab], except the Tribal Areas.
(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
(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
Government of the Punjab];
(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—
(ii) Local body, a Cantonment
Board or a University; or
(iii) a Governing Body appointed by
Government under the provisions of the
Educational and Training Institutions Ordinance, 1960 or any other law in
force immediately before the commencement of this Ordinance;
(h) “Member” means a member of the
(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
(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.
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
(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
(2) If any member of the
Governing Body is not appointed, elected or nominated within thirty days of
the promulgation of the [Punjab]
Private Colleges (Management and Control)
[* * *] (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
(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.
[(2) The Chairman or a
member may [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
[(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
(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.
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.
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
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
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;
(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
(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:
[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
(c) contribution made by the Parent
(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
[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
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)
(Punjab Amendment) Ordinance, 1970 (X of 1970).
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
[teachers of the
college from amongst themselves], other than those elected on the Governing
(iii) the President and the
Secretary of the Students’ Union.
The Council shall consider matters relating to the welfare of the students
and make recommendations to the Governing Body in this behalf.
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
Educational and Training Institutions Ordinance, 1960;
(b) take over the college
(c) take such other action as it may
deem to be expedient.
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.
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.
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.]
The constitution, term of office and the procedure of the Tribunal referred
to in sub-section (1) shall be such as may be prescribed.
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—
grounds for exemption from the provisions of this Ordinance;
(b) constitution, terms of office and the procedure of
(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.]
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
(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
(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
(j) fixation of fees and funds
to be realized from students;
(k) provision of facilities to
(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
(3) Regulations under clause (e) of
sub-section (2) shall be subject to the approval of the competent
(See SECTION 10)
1. Name of the Institution.
2. Location and address of the Institution.
3. Establishment of the Institution—
(a) Date of starting.
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.
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.
(a) List of members of the Managing
body with their address.
(b) A copy of the
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
Details of receipts and expenditure for
the year ending 30th June, 1970.
Grants-in-aid from Government.
Grant (Specify the purpose)—
Evacuee Trust Board.
5. Rent of
any other source.
and Water charges.
3. Total income
from subscription/contribution endowments.
4. From tution
by the parant Body.
other item of expenditure.
7. From any
other source (specify).
ASSETS AND LIABILITIES
1. Details of
1. Loans, if
2. Trusts and
3. Cash in
3. Rent of the
building, if hired.
4. Cash with
manager or treasurer.
4. Any other
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
VI—HOSTEL (IF MAINTAINED)
1. Maximum number of boarders who can be
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
Are there playgrounds attached to the
Institution? Please specify the area of different play fields.
Attach the list of main items of
furniture which are used by the students.