West Pakistan Private Colleges (Management and Control) Ordinance, 1970

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THE WEST PAKISTAN PRIVATE COLLEGES (MANAGEMENT 
AND CONTROL) ORDINANCE, 1970 
 
 
 
 
 
 
CONTENTS 
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 
 

 
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19. Protection of rights secured by agreement, custom or usage 
20. Indemnity 
21. Exemption 
22. Power to make rules 
23. Power to make regulation 
 
  
 
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THE WEST PAKISTAN PRIVATE COLLEGES (MANAGEMENT 
AND CONTROL) ORDINANCE, 1970 
WEST PAKISTAN ORDINANCE NO. XX OF 1970 
[25th June, 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 maximis e their academic efficiency, to stream -line 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 Province of West Pakistan, 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 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 the West Pakistan; 
(g) “Private college or college” 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__ 
 
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(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 Institutions Ordinance, 1960 or 
any other 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 i n 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 the Sydicate of the University in the case of a college affiliated 
to the University; and 
(vii) one nominee of the Board in the case of a college recogni zed by the Board for 
 
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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 re-nomination 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__ 
(a)  refuses or fails to discharge or becomes, in the opinion of the competent 
authority incapable to perform his duties under this Ordinance; 
(b)  has, in the opinion of the competent authority abused his posi tion as Chairman 
or member; 
(c)  has, absented himself without leave from three consecutive meetings of the 
Governing Body: 
Provided that the Chairm an 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 
 
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(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 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; 
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 register ed benefactors and making 
temporary or officiating appointments of not more than three months’ duration. 
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; or 
(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 expen diture 
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 pr operty 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 lump 
 
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sum contributions by the registered benefactors; 
(b) income from the property of the college; 
(c) contribution made by the Parent Body; 
(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 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 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 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, to advise on the day -to-day affairs of the 
college and on other matters mentioned in section 9. 
15. Teachers’ Association.__ There shall be a Teachers’ Association in the college consisting 
of all teachers of the college. 
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’ 
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 sh all 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 disc ipline 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 West Pakistan  Government Educational and Training 
 
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Institutions Ordinance, 1960; 
(b) take over the college permanently; or 
(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. 
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. 
(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 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. 
21. Exemption.__ (1) Government may by notification in the of ficial Gazette, on the 
recommendation of the Tribunal to be constituted for the purpose , 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 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 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__ 
(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 amenities 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 concessions and scholarships to students; 
 
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(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 regu lation.__ (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 powe rs 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. 
 
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