[Gazette of Pakistan, Extraordinary, Part-II, 5th December, 2006]
S.R.O. 1215(I)/2006, 2.12.21006, – – – In exercise of the powers conferred by Section 22 of the Islamabad Capital Territory Private Education Institutions (Regulation arid Promotion) Ordinance, 2006 (XXII of 2006), the Islamabad Capital Territory Private Education Institutions (Regulation and Promotion) Regulatory Authority, with the approval of eh Federal Government is pleased to make the following reels, namely:
1. Short title application and commencement, – – – (1) These rules may be called the Private Educational Institutions (Registration Regulation and Promotion) Rules, 2006.
(2) They shall apply to all the privately managed schools and colleges situated in Islamabad Capital Territory.
(3) These shall come into force at once.
2. Definitions, – – – (1) In these rules, unless there is anything repugnant in the subject or context,
(a) “Academic Year” means a year commencing on or about 15August and ending on 31 May next year;
(b) “Educational institution” means a privately manned set up imparting education in a formal or informal manner up to intermediate or Higher Secondary School level.
(c) “Inspection Committee” means an officer or officer to whom the duty of inspection or evaluation of an educational institution is entrusted by the Regulatory Authority;
(d) “Management” includes every owner. Headmaster Headmistress, Principal and Manager exercising his or her powers to control over the administration of educational institution and any person responsible for management and conduct of affairs of the intuition by whatever name it may be called; and
(e) “Managing Committee” means a constituted body of persons having financial and general control of a privately managed educational institution;
(2) The word s and expressions used but not defined herein shall have the same meaning as are assigned to them in the Islamabad Capital Territory Private Educational institutions (Regulation and Promotion) Ordinance 2006 (XXII of 2006).
3. Application for registration, – – – It shall be mandatory for every educational institution to register with the Regulatory Authority under whites rules. The institution shall submit application for the said purpose to the Regulatory Authority on prescribed form in accordance with the laid down procedure.
4. Procedure for registration – – – (1) Application for registration shall be made by the institution to the Regulatory Authority at least two months before the Commencement of the academic year.
(2) The existing institutions shall apply for registration on the prescribed application form within ninety days of the commencement of these rules and shall continue toe function till the disposal of registration application and decision of the Regulatory Authority However, functioning of a new institution shall be allowed only after the issuance of registration certificate.
(3) The Regulatory Authority, may depute an inspection committee o inspect the institution, give directions to the intuition to comply with these rules and submit report to this effect to the Regulatory Authority.
(4) Any person or a group of persons desirous of opening a school shall apply to the Regulatory Authority on the prescribed application form the inspection committee of the Regulatory Authority shall visit the site location, scrutinized the application, assess the financial stability of the applicant including the criteria prescribed for registration and make its recommendation to the Authority.
(5) In case, the Chairman Regulatory Authority, is not satisfied he may order further inspection of verification. After the approval, registration certificate shall be issued. The process of registration shall be completed within sixty days after receiving the application for registration and the resent documents.
5. Conditions and pre-requisites for registration of an institution, – – – An institution shall be registered by the Regulatory Authority keeping in view, –
(a) In general terms it is suitably located, staffed and equipped with proper learning facilities;
(b) It has a constituted managing committee or board of directors;
(c) The curricula, courses of studies and books being used or to be used for preparing students for examination conducted by a foreign educational agency shall contain nothing repugnant to Islam or Ideology of Pakistan or discriminatory/prejudicial against minority communities;
(a) The teaching staff shall into manner either by sign or word of month or writing or any other means propagate anything repugnant to Islam and Ideology of Pakistan;
(b) The principal and teaching staff shall be employed by the institution on terms and conditions not less favorable than that I the Federal. Government educational institutions through a written agreement between the management and the employee;
(c) A foreign national is employed by it with the approval of the Government;
(d) The facilities and quality of education being provided to the students shall be commensurate with the fees and other charges levied by it. Also that its management shall feel sensitive to the ;parents economic position and make sincere effort to ensure that fees and other charges remain within reasonable limits;
(e) The institution premises, accommodation, furniture, equipment and sports facilities are sufficient and of required standard to meet the educational needs;
(f) It follows rules and regulations as prescribed by the Government or Regulatory Authority;
(g) The co-curricular being important dimension of students; personality development are given due consideration and implementation; and are properly programmed;
(h) The records and registers are properly maintained;
(i) It shall notify through a prospectus the details of facilities, fees and other information before the commencement of each academic year;
(j) It shall furnish such date, information or statements as may be required by the Regulatory Authority;
(k) It shall have spacious and well-equipped laboratories in relevant disciplines at SSC and HSSC level and also where required at lower levels;
(l) It shall have a spacious and well stocked library containing minimum of three thousand books and three volumes of each textbook relating to the subjects being taught in the institution. Elementary, Primary and Middle schools will not be subjected to the condition of three thousand books;
(m) It shall employ on regular basis a qualified liberation and a Physical Training Instructor or Director Physical Education as required;
(n) Every institution or its branch being run under the same management or name at different premises shall be registered separately;
(o) Inspection fee shall be seven thousand and five hundred rupees but security fee of twenty five thousand rupees shall be refundable and other charges as levied from time to time shall be paid by the institution to the Regulatory Authority along with following registration fee:
(i) Institutions charging fee upto Rs 2000/-will pay Rs. 10,000/-
(ii) Institutions charging fee upto Rs 3000/- and above will pay Rs. 20,000/-
(p) It shall function in conformity with the objectives of National Education Policy and shall follow curricula and syllabi as prescribed by the Federal Education Ministry, Board, and Regulatory Authority form time to time. The institutions following scheme(s) of studies other than the National Scheme will continue to follow curricula and other course of studies as prescribed for that scheme at the requite level;
(q) It shall be open to periodical inspection by the inspection committee authorized by the Regulatory Authority to ensure that the provisions of the National Education Policy and the Islamabad Capital Territory Private Educational Institutions (Regulations and Promotion) Ordinance, 2006 are followed as prescribed; and
(r) The management, staff and the students shall not take part in activities prejudicial to the integrity and solidarity of the state or disseminate opinions tending to excite feeling of hatred and disloyalty towards the State, religion or bias, prejudice or discrimination against minorities.
6. Provisional registration, – – – If a school is promising enough to deserve encouragement, but does not fulfil all the conditions of registration, temporary registration will be granted for a period not exceeding two years on the recommendations of the inspection committee. In such cases the orders shall be accompanied by a clear and definite statement of the conditions which are to be fulfilled.
7. Refusal of registration, – – – Where registration is refused to an institution a copy of the orders shall be sent to the Head of the institution stating clearly the reasons for which registration has been refused.
8. Withdrawal of registration, – – – (1) When an institution has ceased to fulfil the conditions of registration, the Regulatory Authority shall withdraw registration of that institution. Where registration is withdrawn as a disciplinary measure the management shall be allowed sufficient opportunity to explain its position prior to withdrawal of the registration if the defects are capable of immediate or early removal the management in the first instant shall be allowed time to be fixed by the Regulatory Authority, under a warning, within which to remedy them and if these are remedied to the satisfaction of the Regulatory Authority , registration shall not be withdrawn but if an institution continues working without removing the defects after the warning, it shall be considered sufficient ground for the withdrawal of registration of that institution which suffers from the defect.
(2) Registration will be withdrawn able if the institution refuses to provide required data, information or statement.
(3) Registration may also be withdrawn if the management or the staffer the students of an institution take part in activities prejudicial to the integrity and solidarity of the State or disseminate opinions tending to excite feelings of disloyalty to the Star or of enmity and hatred between different religious sectors or classes in the Islamic Republic of Pakistan or if the students are permitted to attend political meetings or the engage in any form of political or communal agitation.
9. Restoration of registration, – – – An institution from which registration has been withdrawn shall not be restored to that privilege until the Regulatory Authority has been satisfied that the defects leading to the withdrawal of registration have been made good and that in all other respects the institution fulfils the prescribed conditions,
10. Lapse of registration, – – – The registration of an institution shall lapse if, – – –
(a) A registered institution ceases to exist;
(b) An institution is transferred to a different management or building not already approved by the Regulatory Authority; or
(c) In case of temporary registration if the conditions imposed by the Regulatory Authority are not fulfilled on the expiry of period of temporary registration or an application for registration is not received on the proper form in the office of the Regulatory Authority three months before the expiry of the said period provided that registration shall not lapse in the middle of academic year, but only at the end of it.
11. Renewal of registration, – – – The Registration shall be renewed after every two years subject to satisfactory inspection by the Regulatory Authority. A fee of ten thousand rupees will be charged on account of inspection and renewal of registration.
12. Performance evaluation of institution, – – – Performance of registered institution shall be evaluated on yearly basis. Factors mentioned in Rule 5 under heading “Conditions and Pre-requisites of Registration for an Institution” will broadly form the basis of this evaluation including students examination results, etc. Based on the evaluation, the institutions will be generally related into categories A B with A indicating that the institution fulfils all the requirements at par excellence, B indicating that the institution meets all the major functional requirements and C indicating that the institution has shortfall in the infrastructure as well as in other functional requirements.
13. Obligation of the management, – – – The management of a registered institution shall undertake to observe all orders of the Regulatory Authority relating to dated and duration of academic terms and holidays, scheme of studies, reports, returns, records, registers, physical well being of students, discipline, etc.
14. Addition of classes or subjects, – – – Without the prior permission of the Regulatory Authority a registered institution shall not open a class or classes either higher or lower than those for which the institution has been registered. When such classes are to be inducted, a formal application for approval shall be made to the Regulatory Authority well before commencement of the academic year.
15. General duties of the head of an institution, – – – The Head of an institution shall be responsible for its proper administration and management. He or she shall also maintain discipline among the staff and students, organize and supervise the instruction, participate in the teaching work, arrange for the games and other co-curricular activities, ensure that all records are regularly and accurately maintained, keep a proper account of all funds; and see that the same are utilized in accordance with the prescribed rules and generally promote the physical, intellectual religious, social and moral well being of the students under his or her charge.
16. Fine for breach of discipline, – – – The Head of an institution may impose fine and levy any other punishment in case of breach of discipline by the students.
17. Expulsion, – – – (1) The penalty of expulsion and rustication of a student for serous misconduct may be imposed by the Head of institution keeping the gravity of offence in view. No appeal shall lie against the orders of punishing authority.
(2) Entry of such punishments shall invariably be made in the Conduct and Punishment Register to be maintained by the school or college authorities.
18. Number of students in a class, – – – The number of students in a class or section should not ordinarily exceed thirty students.
19. Age limit, – – – The minimum age for admission to early childhood education shall be four to five years and the maximum age for admission to class XI in a college shall be eighteen years.
20. First admission, – – – Application for the admission of a child to a registered school for the first time must be made in the prescribed form and signed by the parent or guardian.
21. Transfer certificate, – – – A student leaving a registered school may not be admitted to another school without he production of a transfer certificate in the prescribed form issued by the last school attended.
22. Admission to schools and colleges, – – – Admission to school and college shall be on merit irrespective of any distinction of religion, caste and creed in accordance with the prescribed rules. Students seeking admission to any class of a registered school up to 8th class shall be examined by the Head of institution and admitted to the class for which they are found fit.
23. Recording of age, – – – Head of institution shall ensure that the age of a student is recorded as per the birth certificate with scrupulous accuracy on his first admission to a school and to make it clear to the parent or guardian that the date of girth once recorded shall not be subsequently changed. Heads of institutions shall be personally responsible for the accuracy of all subsequent age entries made regarding students in their schools whether in registers, certificates or applications to appear in a public examination.
24. Vacations in schools and colleges, – – – Vacations in school and colleges shall be observed as per Government policy and instructions issued from time to time. In addition holidays not exceeding two in a year may be allowed to students of any particular community. The Heads of institution may declare holidays in their institution on special occasions, but the total number of such holidays shall not exceed four in a calendar year.
25. Registers and books to be maintained, – – – The following books and registers as applicable shall be maintained by each institution, namely:
(a) Accounts Register (Income and Expenditure);
(b) Cash book;
(c) Contingent register;
(d) Stock register;
(a) Acquaintance roll register;
(b) C P Fund register;
(c) Admission and withdrawal register;
(d) Teachers attendance register;
(e) Library accession register;
(f) Conduct and punishment register;
(g) Leave register;
(h) SLC register; and
(i) Any other register or book as required.
26. Conduct and punishment register, – – – Conduct and punishment register shall be in the safe custody of the Head of institution Remarks need only be entered in this register when a student is commended for special merit or report or punished for misbehavior. The periodical progress report sent to the parent shall include remarks from this register on the conduct of student concerned.
27. Uniform, – – – Students in all the classes from primary to college level shall wear the uniform where prescribed by the institution.
28. Ban on use of tobacco, – – – The use of tobacco shall be strictly forbidden in the institution premises.
29. Arms and ammunition, – – – Entry of arms and ammunition in educational institutions shall be strictly banned except for security personnel so armed and employed by the institution.
30. Physical training, – – – An approved scheme of physical training shall be included in the instructional programme of every institution and the Head of institution shall organize a viable system of games and sports for all round development of student’s personality.
31. Reports and returns, – – – Every institution shall submit such data, information, annual, periodical returns and other reports as may be required by the Regulator Authority.
32. Parent teacher association, – – – In each college and school there shall be a Parent Teacher Association (PTA).
33. Employment of teacher, – – – (1) An agreement stating in clear terms and conditions under which a member of the teaching faculty is engaged shall be executed between the member and the management of the institution. A copy of each agreement duly executed shall be filed in the office record and made available at any time for inspection by the inspection committee of the Regulatory Authority. The agreement, inter alia shall include.
(a) The initial and maximum pay of the post, and the rate of annual increment, house rent allowance, medical allowance, and conveyance allowance, etc.
(b) Clause as to the payment of salary through crossed cheques/bank account; and
(c) Conditions of termination of service.
(2) The agreement may be terminated by either party on giving one month notice in writing or paying one month’s salary in lieu thereof unless the, agreement provides for a shorter or longer notice.
(3) The management may dismiss an individual without serving notice in the event of gross misconduct. The salary payable in such cases shall be due on the day of dismissal.
(4) In case of dismissal the concerned individual before dismissal shall be called upon to submit his reply on Defence in writing for which he shall be given three days from the issue of the letter. The individual shall be heard in person also. In the event of written Defence not being submitted within eh said time the management may take action ex parte.
(5) Salaries shall be paid monthly within first ten days of the termination of the month for which they are due.
(6) The duties of teachers shall be such as are usual and customary in Federal Government educational institution and such other duties, as Head of the institution shall from time to time assign them. Teachers shall not undertake private tuition or any other duties likely to interfere with their work without the written permission of the Head of institution or the management.
(7) Any dispute that may arising between teaching member and the management may, at the request of both parties, be referred to the Regulatory Authority whose decision shall be final and binding on both the parties.
34. Offence, – – – In case any person runs an institution in gross contravention of the provisions of the subject Ordinance or rules shall be punished with imprisonment which may extend to one year or with fine up to five hundred rupees per day or with both.
35. Appeal, – – – Any person aggrieved by any order of the Regulatory Authority may, within thirty days of the date of receipt of such order, prefer an appeal to the Secretary, Ministry of Education.