{ "schema_version": "qanun-law-text/1", "id": "pk-code-791dfe3cf34c8eb4", "title": "Higher Education Commission (HEC) Ordinance, 2002", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-ap%2BZbA%3D%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "9e3fa60e65330c5c15aa972be3c5c3b98c6e58bb495486097964c1918521be9a", "source_sha256": "9e3fa60e65330c5c15aa972be3c5c3b98c6e58bb495486097964c1918521be9a", "text_version_id": "law:pk-code-791dfe3cf34c8eb4:sha256:9e3fa60e65330c5c15aa972be3c5c3b98c6e58bb495486097964c1918521be9a", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 11 \r\n \r\n \r\n \r\n \r\nTHE HIGHER EDUCATION COMMISSION ORDINANCE, 2002 \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n___________ \r\n \r\nCHAPTER I \r\nPRELIMINARY \r\n \r\nSECTIONS: \r\n1 Short title, extent and commencement \r\n \r\n2 Definitions \r\n \r\nCHAPTER II \r\nESTABLISHMENT AND FUNCTIONS OF COMMISSION \r\n \r\n3 Controlling Authority \r\n \r\n4 Establishment of the Commission \r\n \r\n5 Appointment of Chairperson \r\n \r\n6 Composition and constitution of the Commission \r\n \r\n7 Honorarium and allowances of the members \r\n \r\n8 Resignation and filling of vacancies \r\n \r\n9 Meetings of the Commission \r\n \r\n10 Powers and functions of the Commission \r\n \r\n11 Secretariat of Commission \r\n \r\n12 Recruitment of officers, etc. \r\n \r\n13 Committees \r\n \r\n \r\n \r\nUpdated till 31.8.2022\r\n\r\n \r\nPage 2 of 11 \r\n \r\n \r\nCHAPTER III \r\nACCOUNTS AND AUDIT \r\n \r\n14 Account and reports of the Commission \r\n \r\nCHAPTER IV \r\nMISCELLANEOUS \r\n \r\n15 Authentication of decisions, etc. \r\n \r\n16 Representation of Commission \r\n \r\n17 Validity of Proceedings \r\n \r\n18 Delegation of function \r\n \r\n19 Chairperson, member and officers, etc., to be public servants \r\n \r\n20 Ordinance to override other laws \r\n \r\n21 Power to make rules \r\n \r\n22 Repeal \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 3 of 11 \r\n \r\n \r\nTHE HIGHER EDUCATION COMMISSION ORDINANCE, 2002 \r\n \r\nORDINANCE NO. LIII OF 2002 \r\n \r\n[11th September, 2002] \r\n \r\nAn Ordinance to provide for the establishment of the Higher Education Commission \r\n \r\nWHEREAS in the interest of improvement and promotion of higher education, research and \r\ndevelopment it is expedient to provide for the establishment of a Higher Education Commission and \r\nfor matters connected therewith or incidental thereto; \r\n \r\nAND WHEREAS the President is satisfied that circumstances exist which render it necessary to \r\ntake immediate action; \r\n \r\nNOW, THEREFORE, in pursuance of the aforesaid Proclamation of Emergency of the fourteenth \r\nday of October, 1999 and the Provisional Constitutional Order No. I of 1999, read with the Provisional \r\nConstitution (Amendment) Order No. 9 of 1999 and in exercise of all powers enabling him in that \r\nbehalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the \r\nfollowing Ordinance:— \r\n \r\nCHAPTER I \r\nPRELIMINARY \r\n \r\n1. Short title, extent and commencement.—(1) This Ordinance may be called the Higher \r\nEducation Commission Ordinance, 2002. \r\n \r\n(2) It extends to the whole of Pakistan. \r\n \r\n(3) It shall come into force at once. \r\n \r\n2. Definitions. In this Ordinance unless there is anything repugnant in the subject or context,— \r\n \r\n(a) “Chairperson” means the Chairperson of the Commission; \r\n \r\n(b) “Commission” means the Higher Education Commission established under \r\nsection 4; \r\n \r\n(c) “Committee” means a committee constituted by the Commission under section \r\n13; \r\n \r\n(d) “Controlling Authority” means the Controlling Authority of the Commission \r\nspecified in section 3; \r\n \r\n(e) “degree awarding institutions” means an institution imparting higher education \r\nand awarding degree of its own; \r\n \r\n \r\nPage 4 of 11 \r\n \r\n(f) “governing body” means the Senate, Syndicate or any other executive or \r\ngoverning body, by whatever name called, of a university or degree awarding \r\ninstitution established by or under any law; \r\n(g) “Higher Education” means education at bachelor’s and higher level degree \r\ncourses including postgraduate certificates, diplomas and research and \r\ndevelopment activities; \r\n \r\n(h) “Institutions” means any university or other degree awarding institutions that \r\noffers higher education or is involved in the research and development \r\nactivities; \r\n \r\n(i) “Member” means Member of the Commission; \r\n \r\n(j) “prescribed” means prescribed by rules made under this Ordinance; \r\n \r\n(k) “Public Sector Institution” means the Institution set up by the Federal \r\nGovernment or a Provincial Government; \r\n \r\n(l) “Secretariat” means the Secretariat of the Commission; and \r\n \r\n(m) “University” means a university established or incorporated under any law for \r\nthe time being in force. \r\n \r\n \r\nCHAPTER II \r\nESTABLISHMENT AND FUNCTIONS OF COMMISSION \r\n \r\n3. Controlling Authority. The Controlling Authority of the Commission shall be the Prime \r\nMinister or, as the case may be, the Chief Executive of the Islamic Republic of Pakistan who may \r\nsupervise the affairs of the Commission. \r\n \r\n4 Establishment of the Commission.—(1) As soon as may be, the Federal Government shall, \r\nby notification in the official Gazette, establish a Commission to be called the Higher Education \r\nCommission. \r\n \r\n(2) The Commission shall be a body corporate having perpetual succession and a common seal \r\nwith powers, subject to the provisions of this Ordinance, to acquire, hold and dispose of property, both \r\nmovable and immovable, and shall by the said name sue or be sued. \r\n \r\n(3) The headquarter of the Commission shall be at Islamabad and it may set up its sub­offices \r\nat such place or places it may deem fit. \r\n \r\n5. Appointment of Chairperson.—(1) The Controlling Authority shall appoint a person of \r\ninternational eminence and proven ability who has made significant contribution to higher education \r\nas teacher, researcher or administrator, as Chairperson on such terms and conditions as it may \r\ndetermine. \r\n \r\n(2) The Chairperson appointed under sub­section (1) shall have the status of Federal Minister. \r\n \r\n \r\n \r\nPage 5 of 11 \r\n \r\n6. Composition and constitution of the Commission.—(1) The Commission shall consist of \r\nfollowing members, namely:— \r\n \r\n(a) the Chairperson; \r\n \r\n(b) the Secretary, Ministry of Education; \r\n \r\n(c) Secretary, \r\n \r\n(i) Information Technology and Telecommunications Division; or \r\n \r\n(ii) Scientific and Technologic Research Division; to be nominated by the \r\nControlling Authority; \r\n \r\n(d) four nominees of the Provincial Governments, one from each of the provinces; \r\n \r\n(e) ten members appointed in the manner specified in sub­sections (3) and (4); and \r\n \r\n(f) Executive Director to the Commission. \r\n \r\n(2) The Executive Director of the Commission shall be ex­officio Secretary of the Commission. \r\n \r\n(3) The Controlling Authority in the first instance shall appoint 1[thirteen] members of the \r\nCommission out of whom — \r\n \r\n(a) seven shall be persons of international eminence and proven ability with \r\nsignificant contribution to higher education as teacher, researcher or \r\nadministrator provided that at least one of the members shall be a woman; \r\n \r\n(b) one member shall be a Rector or Vice-chancellor appointed by the Controlling \r\nAuthority out of a panel of three persons suggested by a committee consisting \r\nof all Vice-chancellors of public sector universities to be set up by the \r\nCommission; and \r\n \r\n(c) 1[Five] members shall be persons of eminence from the private sector who have \r\nmade significant contributions in the field of higher education or research and \r\ndevelopment. \r\n \r\n(4) In all subsequent appointments of the members specified in clause (a) of sub­section (2) the \r\nCommission shall suggest a panel of three persons for each seat out of whom one may be appointed \r\nby the Controlling Authority not later than one month from the date of reciept of the names proposed \r\nby the Commission and the Controlling Authority may not appoint any of the persons proposed by the \r\nCommission and may seek a fresh proposal for suitable persons for appointment as members. \r\n \r\n2[(5) The Chairperson shall hold office for a period of two years and members shall hold office \r\nfor period of four years. In no case the Chairperson and members shall be eligible for re -appointment \r\nfor more than one similar term.] \r\n \r\n1Subs. by the Higher Education Commission (Amendment) Act, 2021(XXII of 2021), s. 3 \r\n2Subs. by the Higher Education Commission (Amendment) Act, 2021(XXI of 2021), s. 2 \r\n \r\n \r\nPage 6 of 11 \r\n \r\n1[(5A) Notwithstanding anything in any order, notification, contract, agreement or any \r\ninstrument containing the duration and terms of service, a Chairperson or a member who, on or after \r\ncommencement of the Higher Education Commission (Amendment) Act, 2021 completes the term or \r\ntenure as provided in sub -section (5) shall on such commencement forthwith cease to be the \r\nChairperson or member, as the case may be. \r\n \r\nExplanation.—Sub-section (5), as amended, shall have operation despite any vested right or \r\nright as a past and closed transaction in any appointment or terms thereof acquired or purported to have \r\nbeen acquired prior to coming into force of the Higher Educa tion Commission (Amendment) Act, \r\n2021] \r\n \r\n(6) The Chairperson and the members may not be removed from office before the expiry of \r\ntheir term save on proven charges of corruption, inefficiency, permanent disability or failure to attend \r\ntwo consecutive meetings without intimation in advance. \r\n \r\n7. Honorarium and allowances of the members. The members, other than Chairperson and \r\nExecutive Director, shall not be entitled to any salary or benefits for their services except such \r\nhonorarium and allowances as may be prescribed. \r\n \r\n8. Resignation and filling of vacancies.—(1) The Chairperson or any Member may, by \r\nwriting under his hand addressed to the Controlling Authority, resign from his office. \r\n \r\n(2) Any vacancy occurring in the membership of the Commission due to death, removal or \r\nresignation shall be filled in accordance with the provisions of this Ordinance. In case the vacancy is \r\nnot filled within three months, the Commission shall itself appoint person out of the panel referred in \r\nsub­section (4) of section 6. \r\n \r\n(3) In the case of vacancy occurring in the office of the Chairperson, the Controlling Authority \r\nmay nominate any Member of the Commission to act as Chairperson for a maximum period of three \r\nmonths during which period the Controlling Authority shall fill in the vacancy by appointing a regular \r\nChairperson. \r\n \r\n9. Meetings of the Commission.—(1) A meeting of the Commission shall be held at least \r\ntwice in a financial year on such day, at such time and place as the Chairperson may determine. At \r\nleast six members may also call a meeting of the Commission in relation to the functions of the \r\nCommission only. \r\n \r\n(2) For the purposes of a meeting of the Commission, nine members shall constitute a quorum. \r\n \r\n(3) The Chairperson or, in his absence, a Member, elected by the members present in the \r\nmeeting for the purpose, shall preside over a meeting of the Commission. \r\n \r\n(4) All decisions of the Commission shall be expressed in terms of the opinion of the majority \r\nof its members present and voting. In the event of an equality of votes, the Chairperson or, as the case \r\nmay be, the Member presiding the meeting shall have a casting vote: \r\n \r\nProvided that the Controlling Authority may refer any decision of the Commission to the \r\nCommission for reconsideration. \r\n \r\n1Ins. by the Higher Education Commission (Amendment) Act, 2021(XXI of 2021), s. 2 \r\n \r\nPage 7 of 11 \r\n \r\n10. Powers and functions of the Commission.—(1) For the evaluation, improvement, and \r\npromotion of higher education, research and development, the Commission may— \r\n \r\n(a) formulate policies, guiding principles and priorities for higher education \r\nInstitutions for promotion of socio-economic development of the country; \r\n \r\n(b) cause evaluation of the performance of Institutions; \r\n \r\n(c) prepare, through consultation with the Institutions, plans for the development of \r\nhigher education and express its opinion on all matters relating thereto; \r\n \r\n(d) prescribe conditions under which Institutions, including those that are not part \r\nof the State educational system, may be opened and operated; \r\n \r\n(e) set up national or regional evaluation councils or authorize any existing council \r\nor similar body to carry out accreditation of Institutions including their \r\ndepartments, faculties and disciplines by giving them appropriate ratings. The \r\nCommission shall help build capacity of existing councils or bodies in order to \r\nenhance the reliability of the evaluation carried out by them; \r\n \r\n(f) advise the Federal Government and the Provincial Governments on proposals \r\nfor granting a charter to award degrees in both public and private sector; \r\n \r\n(g) submit to the Federal Government the recurring and development budgets for \r\npublic sector Institutions and allocate funds to public sector Institution out of \r\nbulk financial provision received from the government and other resources on \r\nperformance and need basis; \r\n \r\n(h) review and examine the financial requirements of public sector Institutions; \r\napprove and provide funds to these Institutions on the basis of annual recurring \r\nneeds as well as for development projects and research based on specific \r\nproposals and performance and while approving funds for a public sector \r\nInstitution the Commission shall ensure that a significant proportion of the \r\nresources of the Institution are allocated to research support and libraries; \r\n \r\n(i) approve projects within the same ceilings as are specified for Department \r\nDevelopment Working Party; \r\n \r\n(j) advise Institutions in raising funds from sources other than the Government; \r\n \r\n(k) support the development of linkages between Institutions and industry as well \r\nas national and international organizations that fund research and development \r\nwith a view to enhancing research; \r\n \r\n(l) facilitate the introduction of educational programmes that meet the needs of the \r\nemployment market and promote the study of basic and applied sciences in \r\nevery field of national and international importance in the Institutions; \r\n \r\n(m) advise Institutions in ensuring a proper balance between teaching and research; \r\n \r\n \r\nPage 8 of 11 \r\n \r\n(n) cause to be setup testing bodies or designate any existing body for the purpose; \r\n \r\n(o) determine the equivalence and recognition of degrees, diplomas and certificates \r\nawarded by Institutions within the country and aboard; \r\n \r\n(p) develop guidelines and facilitate the implementation of a system of evaluation \r\nof performance of faculty members and Institutions; \r\n \r\n(q) provide guidelines as regards minimum criteria and qualifications for \r\nappointment, promotion, salary structure in consultation with the Finance \r\nDivision and other terms and conditions of service of faculty for adoption by \r\nindividual Institutions and review its implementation; \r\n \r\n(r) take measures, including the allocation of funds, for the establishment of \r\nfellowships, scholarships, visiting professorships programmes or any other \r\nprogramme, in addition to assistance of similar programmes of Institutions; and \r\nfacilitate greater mobility of faculty through national and international contacts; \r\n \r\n(s) set up committees comprising national and international experts in various \r\ndisciplines to advise the Commission on its affairs; \r\n \r\n(t) promote formal links between Institutions in the country to make the most \r\neffective use of experience and specialized equipment and promote national and \r\ninternational linkages with respect to knowledge sharing, collaborative \r\nresearch, personnel exchange and cost sharing; \r\n \r\n(u) encourage, support and facilitate training programs, workshops and symposia; \r\n \r\n(v) guide Institutions in designing curricula that provides a proper content of basic \r\nsciences, social sciences, humanities, engineering and technology in the \r\ncurricula of each level and guide and establish minimum standards for good \r\ngovernance and management of Institutions and advise the Chancellor of any \r\ninstitution on its statutes and regulations; \r\n \r\n(w) establish an endowment fund for higher education with contributions from \r\ngovernmental as well as non­governmental resources; \r\n \r\n(x) collect information and statistics on higher education and Institutions as it may \r\ndeem fit and may cause it published; and \r\n \r\n(y) perform such other functions consistent with the provisions of this Ordinance \r\nas may be prescribed or as may be incidental or consequential to the discharging \r\nof the aforesaid functions. \r\n \r\n(2) The Commission shall perform all its functions efficiently and diligently. \r\n \r\n11. Secretariat of Commission.—1[(1) The Government shall appoint an Executive Director \r\non the recommendations of the Ministry of Federal Education who shall unless earlier removed on any \r\nof the grounds specified in sub -section (6) of section 6, shall hold office for a term of four years and \r\nshall be responsible for the various activities of the Commission.] \r\n \r\n1Subs. by the Higher Education Commission (Amendment) Act, 2021(XXI of 2021), s. 3 \r\n \r\nPage 9 of 11 \r\n \r\n (2) The Executive Director shall be the head of the Secretariat. The Secretariat shall act as the \r\nexecuting wing of the Commission and shall be responsible for implementation of all the orders, \r\ndecisions, directives and policy of the Commission. \r\n \r\n12. Recruitment of officers, etc.—(1) The Commission may, from time to time, appoint such \r\nofficers, servants, consultants and advisers as it may consider necessary for the efficient performance \r\nof its functions on such terms and conditions as may be prescribed by the Federal Government. \r\n \r\n(2) The Commission shall make rules for recruitment of its employees. \r\n \r\n13. Committees.—(1) The Commission may setup as many committees as may be required to \r\neffectively perform its functions. \r\n \r\n(2) The composition and functions of a committee shall be such as the Commission may \r\ndetermine. \r\n \r\n \r\nCHAPTER III \r\nACCOUNTS AND AUDIT \r\n \r\n14. Account and reports of the Commission.— (1) The Commission shall have an account \r\nto which shall be credited all grants and contributions made by the Federal Government or a Provincial \r\nGovernment or by any person or authority and out of which shall be disbursed the grants and other \r\nexpenditure to be made and incurred by the Commission. \r\n \r\n(2) The Federal Government shall provide funds to the Commission for meeting all expenses \r\nrequired for discharging its functions and for the public sector institutions and shall, subject to \r\navailability of funds, provide annual grants regularly. \r\n \r\n(3) The accounts of the Commission shall be— \r\n \r\n(a) maintained in such form and manner as the Federal Government may, in \r\nconsultation with the Controller General of Accounts, determine; and \r\n \r\n(b) audited by Auditor­General of Pakistan. \r\n \r\n(4) The Commission shall, after the end of every financial year, submit to the Controlling \r\nAuthority the audited annual statement of accounts of the Commission, together with the report of the \r\nAuditor­General of Pakistan. \r\n \r\n(5) The Commission shall also submit to the Controlling Authority after the end of every year \r\na report on the state of higher education and on its activities during that year. \r\n \r\nCHAPTER IV \r\nMISCELLANEOUS \r\n \r\n15. Authentication of decisions, etc. All decisions of the Commission shall be authenticated \r\nby the signature of the Chairperson or of any other member authorized by it in this behalf and all other \r\norders or instruments issued or executed by or on behalf of the Commission shall be authenticated by \r\nthe signature of an officer of the Commission authorized by it. \r\n \r\nPage 10 of 11 \r\n \r\n16. Representation of Commission. Any law or other instrument providing for the \r\nestablishment or incorporation of a university or a degree awarding institution shall have effect as if it \r\nprovided for the governing body of the university or degree awarding institution consisting of a \r\nnominee of the Commission in addition to the members of the governing body. \r\n \r\n17. Validity of Proceedings. No act, proceedings, decision or order of the Commission shall \r\nbe invalid by reason only of the existence of vacancy in, or defect in the constitution of, the \r\nCommission. \r\n \r\n18. Delegation of function. The Commission may, by general or special order and subject to \r\nsuch conditions as it may deem fit to impose, delegate to Chairperson, Executive Director or any of its \r\nmember any of its functions under this Ordinance. \r\n \r\n19. Chairperson, member and officers, etc., to be public servants. The Chairperson, \r\nmembers, officers, servant, consultant and advisers shall be deemed to be public servants within the \r\nmeaning of section 21 of the Pakistan Penal Code (Act XLV of 1860). \r\n \r\n20. Ordinance to override other laws. The provisions of this Ordinance shall have effect \r\nnotwithstanding anything to the contrary contained in law for the time being in force. \r\n \r\n21. Power to make rules. The Commission may, with the prior approval of the Controlling \r\nAuthority, by notification in the official Gazette, make rules for carrying out the purposes of this \r\nOrdinance. \r\n \r\n22. Repeal.—(1) The University Grants Commission Act, 1974 (XXIII of 1974) is hereby \r\nrepealed. \r\n \r\n(2) Upon commencement of this Ordinance— \r\n \r\n(a) all funds, properties, rights and interests of whatsoever kind issued and used, \r\nenjoyed, possessed, owned or vested in the UGC in existence immediately \r\nbefore such commencement and all liabilities, legally subsisting against the said \r\nUGC shall pass to the Commission established under this Ordinance; and \r\n \r\n(b) everything done, action taken, obligation or liabilities incurred, rights and assets \r\nacquired, persons appointed, or authorized jurisdiction or power conferred, \r\nendowment, bequests, funds, or trust created, donations or grants made or issued \r\nunder any provision of the repealed Act, rules, applicable to the said UGC shall \r\nremain in force and be, continued and, be deemed to have been respectively \r\ndone, taken, incurred, acquired, appointed, authorized, conferred, created, \r\nmade, or issued under this Ordinance and reference in any document, to any \r\nprovision of the said Act or rules made thereunder shall, so far as may be, be \r\ndeemed to be reference to the corresponding provisions of this Ordinance or the \r\nrules made or deemed to have been made thereunder; and \r\n \r\n(c) any rules made under the repealed Act shall, in so far as they are not inconsistent \r\nwith the provisions of this Ordinance or the rules made there under having \r\nrecourse to the various matters which by this Ordinance have to be regulated or \r\nprescribed by rules shall continue to be in force, until they are repealed, \r\nreplaced, rescinded or modified in accordance with the provisions of this \r\nOrdinance; and \r\n \r\nPage 11 of 11 \r\n \r\n(d) all contracts and working arrangements made and incurred by the UGC in \r\nconnection with and for the purpose of the UGC, before the establishment of \r\nthis Commission shall be deemed to have been made or incurred by the \r\nCommission and have effect accordingly; and \r\n \r\n(e) notwithstanding anything contained in any law, contract or agreement or in the \r\ncondition of service, every officer, servant or employee of the UGC existing \r\nimmediately before the establishment of this Commission shall, on such \r\nestablishment, stand transferred to, and become an employee of the Commission \r\non such terms and conditions as may be prescribed by rules: \r\n \r\nProvided that the pay and allowances to which an officer and servant of the Commission shall \r\nbe entitled shall not be less favourable than those to which he was entitled immediately before such \r\ntransfer and no person who stands transferred to the Commission shall, notwithstanding anything \r\ncontained in any law, contract or agreement, be entitled to any compensation because of such transfer. \r\n \r\n \r\n___________", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { 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