The West Pakistan Private Colleges (Management and Control) Ordinance, 1970
Download FeedBack| Department: | Higher Education, Archives and Libraries Department |
|---|---|
| Main Category: | Ordinance |
| Specific Category Name: | Education |
| Year | 1970 |
| Promulgation Date: | 25-06-1970 |
| Details: | WEST
PAKISTAN PRIVATE COLLEGES (MANAGEMENT AND 25th June, 1970. WEST
PAKISTAN ORDINANCE NO.XX OF 1970. CONTENTS. PREAMBLE SECTIONS
1. Short
title, extent, commencement and application. 2. Definitions. 3. Establishment
of Governing Body. 4. Constitution
of Governing Body. 5. Removal
and resignation of member and Chairman. 6. Filling
of casual vacancies. 7. Meeting
of Governing Body. 8. Powers
and duties of Governing Body. 9. Powers and duties
of the principal. 10. Submission of
statement. 11. College Fund. 12. Bar to derive
financial benefits. 13. Inspection. 14. Staff Council. 15. Teachers,
Association. 16. Student- teacher
Council. 17. Dissolution of
Parent Body or Governing Body and taking over of college. 18. Appointment of
foreign nationals. 19. Protection of
rights secured by agreement, custom or usage. 20. Indemnity. 21. Exemption. 22. Power to make
rules. 23. Power to make
regulation. WEST
PAKISTAN PRIVATE COLLEGES (MANAGEMENT AND CONTROL) ORDINANCE, 1970. 25th June, 1970. WEST
PAKISTAN ORDINANCE NO.XX OF 1970. An Ordinance To provide for control
over and management of private colleges in West Pakistan. Preamble.- WHEREAS it is expedient to make provisions to enable the private colleges
in West Pakistan to maximize their academic efficiency, to streamline their
administration and to regulate conditions of service of teachers employed
therein; 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 West Pakistan
Private Colleges (Management and Control) Ordinance, 1970. (2) It shall extend to the whole of the [1][Province
of Khyber Pakhtunkhwa], 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 his 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 Government of [2][Province
of Khyber Pakhtunkhwa];
(g)
“Private college or colleges” 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 West Pakistan Educational and Training Institution
Ordinance, 1960, or any law in force immediately before the commencement of
this Ordinance;
(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-in-charge 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. 4. Constitution of Governing Body:- (1)
Subject to the provisions of sub-Section (3) of section 10, the Governing Body
shall consist of-
(i)
The Principal of the college;
(ii)
three teachers to be elected by the Teachers’ Association of the college from amongst its members;
(iii)
three 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, one of whom shall be the parent or the guardian of a student
studying in the college;
(vi)
One nominee of Syndicate ofthe University in the case of a
college affiliated to the
University; and
(vii)
One nominee of the Board in the case of a college recognized by
the Board for the purpose of
education at the Intermediate level. (2) There
shall be elected in the prescribed manner a Chairman from amongst the members who are not the
employees of the college. (3) The
Principal shall be the member/secretary of the Governing Body. (4) Except
the Principal, the members shall hold office for a period of three years and shall be eligible for
renomination and re-election as the
case may be. 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
competent authority may at any time remove from the Governing Body the Chairman
or a member if he- (i)
refuses of fails to discharge or becomes, in the opinion of the
competent authority incapable to perform his duties under this Ordinance; (ii)
has, in the opinion of the competent authority abused his position
as Chairman or member; (iii)
has, absented himself without leave from three consecutive
meetings of the Governing Body; Provided that the Chairman or member shall not be removed
under the provisions of this sub-section without first giving an opportunity
of showing cause against his removal. (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 take disciplinary
action against them. (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 an applicable to the college are observed; (b) that the provisions of
this Ordinance and the rules made there under 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. 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.
(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 recognize 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 percentum 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. 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 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. (a) income from fees, donations, trusts, bequests, endowments, grants,
and lump sum contributions by the registered benefactors; (b) income from the property of the college; (c) contribution made by the Parent Body; (d) contribution 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 made under
this Ordinance. 13. Inspection.- (1) the competent
authority may inspect the college or cause it to be inspected from time to time
by one or more persons authorized 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 Ordinances 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, it advise on the day- to- day affairs of
the college and on other matters mentioned in section9. 15. Teacher’ Association.- There shall
be Teachers’ Association in the college consisting of all teachers of the
college. 16. Student- teacher Council.- (1) There
shall be a Student- Teacher Consisting the college consisting of -. (i) the Principal; (ii) two teachers to be
elected in the prescribed manner by Teachers’ Association
from amongst its members, 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
interests 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 West Pakistan Government Educational and Training Institutions
Ordinance, 1960; (b) take over the college permanently; (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.
(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 favorable 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.- (1) Government may be
notification in the official Gazette, on the recommendation of the Tribunal to
be constituted for the purpose, exempt any college from the operation of all or
any or the provisions of this Ordinance for a period which shall not be less
than three and not more than five years at a time. (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 official
Gazette, make rules for carrying out the purposes of this Ordinance. (2) In
Particular and without prejudice to the generality of the forgoing powers such
rules may provide for-. (a) appointment, confirmation, promotion and security of service of
the teachers; (b) pay scales and allowances payable to teachers; (c) grant of leave, medical assistance and other rmenities to
teachers; (d) contributory provident fund benefits for the teachers; (e) provision of facilities to students, fixation of fees and funds to
be realized from students; (f) grant of fee concession and scholarships to students; (g) establishment and functioning of Teachers’ Association and
Student- Teacher Council; (h) constitution, terms of office and the procedure of the Tribunal; (i) election of the Chairman; and. (j) any other matter which has to be or may be prescribed. 23. Power to make regulation. – (1) 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 may provide for:- (a) procedure to be followed
at meetings of the Governing Body and the quorum required at such meetings; (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) the manner in which the
minutes shall be circulated and confirmed; (e) any other matter
required under any of the provisions of this ordinance to be prescribed. |