THE PUNJAB PRIVATE EDUCATIONAL INSTITUTIONS (PROMOTION AND REGULATION) ORDINANCE, 1984

GOVERNMENT OF THE PUNJAB

THE PUNJAB PRIVATE EDUCATIONAL INSTITUTIONS

PROMOTION AND REGULATION) ORDINANCE, 1984
(IV of 1984)

(This Ordinance was promulgated by the Governor of the Punjabon 9th August, 1984; and, published in the Punjab Gazette (Extraordinary)

Dated 12th August, 1984

pages 577-A to 577-D.

CONTENTS

1. Short title, extent and commencement
2. Definitions
3. All institutions to be registered
4. Exemptions
5. District Committee
6. Application for registration
7. Conditions of Registration
8. Inspection
9. Cancellation of Registration
10. Appeal
11. Penalties
12. Cognizance of offence
13. Power to make rules
14. Repeal

THE PUNJAB PRIVATE EDUCATIONAL INSTITUTIONS

(PROMOTION AND REGULATION) ORDINANCE, 1984

(IV of 1984)
(12thAugust, 1984)

An

Ordinance

to provide for the promotion and regulation of private educational institutions

Preamble.—

Whereas it is expedient to promote and regulate the setting up and

management of private educational institutions in the Punjab;

NOW, THEREFORE, in pursuance of the proclamation of the 5th day of July,

1977, read with the Laws (Continuance in Force) Order, 1977, (C.M.L.A. Order No. 1 of

1977), and the Provisional Constitution Order, 1981, (C.M.L.A. Order No. 1 of 1981), the

Governor of the Punjab is pleased to make and promulgate the following Ordinance: -

1. Short title, extent and commencement.—

(1) This Ordinance may be called the

Punjab Private Educational Institutions (Promotion and Regulation) Ordinance, 1984;

(2) It extends to the whole of the Punjab.

(3) It shall come into force at once.

2. Definitions.—

 In this Ordinance, unless the context otherwise requires—

(1) Board” means a Board of Education established under any law for the

time being in force;

(2) “College” means a college preparing students for intermediate, degree or

post-degree level education in any system of education or medium of

instruction;

(3) “Government” means Government of the Punjab;

(4) “Institution” means a privately managed college or school or an institution

notified as such by the Government;

(5) “Incharge” in relation to an institution means and includes every owner,

headmaster, principal, manager or incharge of administration or of

teaching and any person responsible for the management and conduct of

the affairs of an institution, by whatever name called;

(6) “prescribed” means prescribed by rules made under this Ordinance;

(7) “privately managed” means not owned or managed by a local body or by

the Government or by the Federal Government or by a body set up or

controlled by either of the Governments;

(8) “Registering Authority” means an Officer appointed or authorised by rules

to exercise all or any of the powers of the Registering Authority under this

Ordinance;

(9) “rules”’ means the rules made under this Ordinance.

(10) School” means—

(a) a school, by whatever name called, preparing students from preprimary

to high school education level;

(b) any other institution imparting vocational, commercial, technical or

other specialised education leading to a degree. diploma or a certificate

recognized by Government, University or a Board of Education; or

(c) an institution for the handicapped; and

(11) “University”’ means a University established under any law for the time

being in force.

3. All institutions to be registered.— 

No institution shall be run unless it is

registered in accordance with the provisions of this Ordinance and the rules:

Provided that an institution in existence on the commencing day shall apply for

registration within ninety days from that day and may continue to function without

registration until the application is disposed of.

4. Exemptions.— 

The Government may, by notification, exempt any institution

form the application of this Ordinance.

5. District Committee.—

The Government shall, by notification, constitute a District

Committee in each district comprising of at least five members to perform such

functions and in such manner as may be prescribed.

6. Application for registration.—

(1) The incharge of an institution may make an

application for registration of an institution to such officer and in such form as may be

prescribed.

(2) The Officer receiving an application shall forthwith forward the same to the

District Committee which, after making such enquiry about such matters as may be

prescribed, shall submit its report with its recommendations to the Registering Authority

within sixty days of the receipt of the application under sub-section (1).

(3) The Registering Authority shall, after considering the report of the District

Committee and after such further enquiry as may be necessary if satisfied that the

conditions prescribed for granting registration are fulfilled, issue a Registration

Certificate.

(4) No order for refusing to grant a certificate of registration shall be made

without giving the applicant an opportunity of being heard and without recording

reasons therefor.

7. Conditions of Registration.— 

An institution shall comply with such conditions of

registration including payment of fees as may be prescribed.

8. Inspection.—

(1) The Registering Authority or an officer authorised by

Government may inspect any institution and may give directions to require compliance

with the conditions prescribed for registration.

(2) The directions under sub-section (1) shall be communicated to

the incharge of the institution through an order and such person shall comply with the

same within such time as may be specified therein.

9. Cancellation of Registration.—

A certificate of registration granted under

section 6 may be cancelled by the Registering Authority after giving an opportunity of

being heard to the incharge of the institution if—

(i) there is a contravention of any of the provisions of this Ordinance or the

rules:

Provided that in case of a minor default which can be easily remedied,

opportunity may be given to remove the default within a time specified in the order

and if it is not removed within the time so specified cancellation shall follow;

(ii) theinchargeof the institution has failed within the period specified to

comply with any direction issued under the provisions of this Ordinance or

the rules; and

(iii) the institution has ceased to exist.

10. Appeal.—

Any person aggrieved by an order made under sec tions 6, 8 or 9, may

within thirty days of the date of receipt of the order, prefer an appeal to such authority as

may be prescribed and the decision of the appellate authority in appeal shall be final.

11. Penalties.—

(1) Subject to the provisions of section 3 whoever continues to run

an institution without registration or after refusal or cancellation of registration, shall be

punished with fine which may extend to one hundred rupees for each day during which

the contravention continues.

(2) Where the contravention continues for a period of three months, the

institution shall, be liable to closure by the Registering Authority:

Provided that no order under sub-section (2) shall be made without giving to

the incharge of the institution an opportunity of being heard.

12. Cognizance of offence.— 

No Court shall take cognizance of an offence

punishable under this Ordinance except upon a complaint in writing made by the

Registering Authority or an Officer authorised by it in this behalf and no Court inferior to

that of a Magistrate of the First Class shall try any such offence.

13. Power to make rules.— 

Government may make rules to carry out the purposes

of this Ordinance.

14. Repeal.— 

The Punjab Registration of Unrecognized Educational Institutions

Ordinance, 1962 (W. P. XI of 1962), is hereby repealed.

COPY OF

THE PUNJAB PRIVATE EDUCATIONAL INSTITUTIONS

(PROMOTION AND REGULATION) ORDINANCE, 1984

(IV of 1984)

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