KARACHI, Jan 5: Governor Muhammadmian Soomro on Saturday promulgated the Sindh Private Educational Institutions (Regulation & Control) Ordinance 2001, providing for the regulation and control of privately managed educational institutions in the province.

These institutions include universities, colleges, schools, technical institutions, professional, vocational or commercial institutions imparting any type of education by any system of education or medium of instruction.

No institution in private sector shall be established or continued except in accordance with this ordinance. Any person intending to establish or continue any existing institution shall make an application to the registering authority in the prescribed form by such documents and fee as may be prescribed. The registering authority means in case of schools, the director of school education of the region, or in case of technical education or vocational education, the director of technical education or in any other case, any person or authority appointed by the government.

Any existing institution may continue to function for a period not exceeding 90 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 under section 9 until the decision of the appeal.

Every institution or its branch running under the same management or name at different premises shall be registered separately. The registering authority may on receipt of an application, under section 4 constitute an inspection committee to make an enquiry about such matters as may be prescribed.

The inspection committee shall submit its recommendations to the registering authority within 30 days of receipt by it of the application and the registering 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. The registering 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, the ordinance says.

Where the registering authority grants the application, it shall register the institution and issue certificate of registration to the applicant in such forms and contain such terms and conditions as may be prescribed.

The ordinance provides that no donation, from a student, voluntary or otherwise, for development projects of an institution shall be permissible. The fee structure of an institution shall not be interfered with by the registering authority but fee shall not be increased during the course of an academic year while the facilities allowed to a student at the time of admission shall not be subsequently withdrawn or reduced.

The registering authority shall maintain a register containing such particulars of an institution which is registered and granted certificate of registration. The person to whom the certificate of registration is issued shall be responsible for compliance of the provisions of this ordinance, rules, the terms and conditions and other orders if any passed or instructions issued from time to time by the registering authority.

The ordinance further states that an institution shall be subject to monitoring by the registering authority and for the purpose the registering authority or any person authorized by it may enter and inspect any institution with a view to see that such institution is maintained in accordance with the provisions of this ordinance, rules and terms and conditions of the certificate of registration, and management of the institution shall afford all facilities for carrying out a proper inspection.

The registering authority or the authorized person after inspection may pass such orders as deemed fit and the orders so passed shall be binding on and be complied by the person to whom the certificate of registration is issued.

Where the registering authority, on receipt of a complaint or otherwise, after making such an enquiry or inspection as deemed fit, is satisfied that there is a contravention of any of the provisions of this ordinance or rules or terms and conditions or any order passed by the authority, it may after giving an opportunity to the person concerned of being heard, suspend or cancel the certificate of registration. However, it provides that where the default is capable of being remedied, no order shall be made unless an opportunity is provided to the person concerned to rectify such a default within the specified period.

On the cancellation or suspension of the certificate of registration, the registering authority may, without prejudice to any action that may be taken under the Sindh Private Schools (Management and Control) Act 1974, make such orders and take such action with respect to the completion of the current education term as may be considered necessary.

Where the registering authority rejects an application for registration or suspends or cancels the certificate of registration, the aggrieved person may, within 30 days from the date of the order of the registering authority, prefer and appeal to government and the order passed by the government shall be final.

The institutions shall furnish to the government each year a report on audited accounts, report on the activity of the institution during the preceding year and such an information relating to its activities as may be required by the authority.

The ordinance envisages that subject to the provisions of section 4, whoever runs an institution in contravention of the provisions of this ordinance or rules, shall be punished with imprisonment which may extend to one year or with fine which may extend to 500 rupees for each day during the period offence continues or with both.

No court shall take cognizance of an offence under this ordinance except upon a complaint in writing made by the registering authority or any officer authorized by it in this behalf, and no court inferior to that of a magistrate of the First Class shall try any such offence.

No court shall have jurisdiction to entertain any proceedings, grant any injunction or make any other order in relation to any direction or order made in respect of an institution or for anything done or intended to be done under this ordinance.

No suit or legal proceedings shall lie against government, registering authority or any person acting under this ordinance for anything which is in good faith, done or intended to be done under this ordinance.

The government may make rules and procedure for settlement of disputes arising between the parents or guardians of students or teachers or other staff of an institution and the management; the pay scales, allowances, leave and other benefits to be admissible to teachers and other staff of an institution; provision of facilities to students, fixation of tuition fee and other sums to be realised from the students of institution; grant of fee concession and scholarships to the students; establishment and functions of the teachers employed in an institution.

This ordinance also repeals Sindh Registration of Un-Recognised Educational Institutions Ordinance 1962. The ordinance also amends Sindh Board of Technical Education Ordinance 1970, and states that in section 12 in sub-section (2) in clause (i) the words “and also to regulate the development of technical, vocational, industrial and commercial education below degree level by compulsory registration thereof” shall be omitted.—PPI