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  "title": "PUNJAB PRIVATE EDUCATIONAL INSTITUTIONS (PROMOTION AND REGULATION) ORDINANCE, 1984",
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  "text": "THE PUNJAB PRIVATE EDUCATIONAL INSTITUTIONS \r\n(PROMOTION AND REGULATION) ORDINANCE, 1984 \r\n(IV of 1984) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. All institutions to be registered  \r\n4. Omitted \r\n5. District Committees \r\n6. Application for registration \r\n7. Conditions of Registration \r\n7A. Fees, etc. \r\n8. Inspection \r\n9. Cancellation of Registration \r\n10. Appeal \r\n11. Penalties \r\n12. Cognizance and summary trial \r\n12A.  Compounding of offence \r\n12B. Recovery of amounts due \r\n12C. Directions and Instructions \r\n12D. Special directives \r\n13. Power to make rules \r\n14. Repeal \r\n \r\n \r\n \r\nTEXT \r\n1THE PUNJAB PRIVATE EDUCATIONAL INSTITUTIONS (PROMOTION \r\nAND REGULATION) ORDINANCE, 1984 \r\n(IV of 1984) \r\n[12 August 1984] \r\nAn \r\nOrdinance \r\nto provide for the promotion and regulation of private educational institutions. \r\nPreamble.– WHEREAS it is expedient to promote and regulate the setting up and \r\nmanagement of private educational institutions in the Punjab; \r\nNOW, THEREFORE, in pursuance of the proclamation of the 5th day of July, \r\n1977, read with the Laws (Continuance in Force) Order, 1977, (CMLA Order No. 1 of \r\n1977), and the Provisional Constitution Order, 1981, (CMLA Order No. 1 of 1981), the \r\nGovernor of the Punjab is pleased to make and promulgate the following Ordinance:– \r\n1. Short title, extent and commencement .– (1) This Ordinance may be called \r\nthe Punjab Private Educational Institutions (Promotion and Regulation) Ordinance, \r\n1984; \r\n(2) It extends to the whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Ordinance, unless the context otherwise requires– \r\n(1) “Board” means a Board of Education established under any law for the \r\ntime being in force; \r\n(2) “College” means a college preparing students for intermediate, degree \r\nor post-degree level education in any system of education or medium \r\nof instruction; \r\n(3) “Government” means Government of the Punjab; \r\n(4) “Institution” means a privately managed college or school o r an \r\ninstitution notified as such by the Government; \r\n(5) “Incharge” in relation to an institution means and includes every owner, \r\nhead-master, principal, manager or  incharge of administration or of \r\nteaching and any person responsible for the management and  conduct \r\nof the affairs of an institution, by whatever name called; \r\n(6) “prescribed” means prescribed by rules made under this Ordinance; \r\n(7) “privately managed” means not owned or managed by a local body or \r\nby the Government or by the Federal Government o r by a body set up \r\nor controlled by either of the Governments; \r\n                                                           \r\n1This Ordinance was promulgated by the Governor of the Punjab on 9th August, 1984; and, published in the Punjab Gazette \r\n(Extraordinary) dated 12th August, 1984; pages 577-A to 577-D. \r\n2[(8) “Registering Authority” means an officer or a committee notified by the \r\nGovernment under section 6 of the Ordinance;] \r\n(9) “rules”’ means the rules made under this Ordinance 3[;] \r\n4[(10) “school” means: \r\n(a) a school, by whatever name called, preparing students for \r\npre-primary, primary, elementary, high, higher secondary, \r\nO-Level, A -Level, General Certificate of Secondary \r\nEducation, Human Scale Education or any other similar \r\nsystem of education; or \r\n(b) any other institution imparting vocational, commercial, \r\ntechnical or other specialized education leading to a \r\ncertificate recognized by the Government or a Board of \r\nEducation; or \r\n(c) an institution for Special Persons;] and \r\n(11) “University”’ means a University established under any law for the time \r\nbeing in force. \r\n5[3. All institutions to be registered .– (1) An Incharge shall, before the \r\ncommencement of business by the institution, register the institution with the \r\nRegistering Authority under this Ordinance. \r\n6[(2) The Registering Authority shall, within sixty days from the date of \r\nfiling of an application for registration, decide the application.] \r\n(3) Until the application for registration is decided, the institution may continue \r\nto function without registration.] \r\n7[4. Exemptions.– * * * * * * * * * *   ] \r\n8[5. District Committees.– The Government shall, by notification, constitute \r\none or more District Committees in each district consisting of at least five \r\nmembers to perform such functions in rela tion to schools as may be \r\nprescribed.] \r\n                                                           \r\n2Substituted by the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment) Act 2017 (VIII of 2017), \r\npublished in the Punjab Gazette (Extraordinary), dated: 24 March 2017, pp. 5219-5221, s.2. \r\n3Misprinted in the Gazette as “full-stop”. \r\n4Substituted by the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment) Act 2017 (VIII of 2017), \r\npublished in the Punjab Gazette (Extraordinary), dated: 24 March 2017, pp. 5219-5221, s.2. \r\n5Substituted by the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment) Act 2016  (XVII of 2016), \r\npublished in the Punjab Gazette (Extraordinary), dated: 4 March 2016, pp. 4099-4102, s.2. \r\n6Substituted by the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment) Act 2017 (VIII of 2017 ), \r\npublished in the Punjab Gazette (Extraordinary), dated: 24 March 2017, pp. 5219-5221, s.3. \r\n7Omitted by the Punjab Private Educational Institut ions (Promotion and Regulation) (Amendment) Act 2016 (XVII of 2016) , \r\npublished in the Punjab Gazette (Extraordinary), dated: 4 March 2016, pp. 4099-4102, s.3. \r\n8Substituted by the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment ) Act 2017 (VIII of 2017), \r\npublished in the Punjab Gazette (Extraordinary), dated: 24 March 2017, pp. 5219-5221, s.4. \r\n6. Application for registration.– (1) The incharge of an institution may make an \r\napplication for registration of an institution to such officer and in such form as may be \r\nprescribed. \r\n(2) The Officer receiving an appli cation shall forthwith forward the same to \r\nthe District Committee which, after making such enquiry about such matters as may \r\nbe prescribed, shall submit its report with its recommenda tions to the Registering \r\nAuthority within sixty days of the receipt of the application under sub-section (1). \r\n(3) The Registering Authority shall, after considering the report of the \r\nDistrict Committee and after such further enquiry as may be necessary if satisfied \r\nthat the conditions prescribed for granting registration are f ulfilled, issue a \r\nRegistration Certificate. \r\n(4) No order for refusing to grant a certificate of registration shall be made \r\nwithout giving the applicant an opportunity of being heard and without recording \r\nreasons therefor. \r\n9[(5) The Government shall, by not ification, constitute one or more \r\nRegistering Authorities in a district and if more than one Registering Authority \r\nis constituted in a district, the Government shall specify the jurisdiction of each \r\nRegistering Authority.] \r\n7. Conditions of Registration.– An institution shall comply with such conditions of \r\nregistration including payment of fees as may be prescribed. \r\n10[7A. Fees, etc.– 11[(1) Subject to this section, a school charging fee at the rate \r\nof four thousand rupees per month or above shall not charge t he fee at a rate \r\nhigher than five percent of the fee charged for the class during the previous \r\nacademic year but this limitation shall not apply to a school charging monthly \r\nfee from a class of students at the rate which is less than four thousand \r\nrupees per month inclusive of the increase in the fee. \r\n (2) If there is reasonable justification for increase in the existing fee \r\nat a rate higher than five percent under subsection (1), the Incharge may, at \r\nleast sixty days before the commencement of the next aca demic year, apply \r\nto the Registering Authority incorporating justification.] \r\n(3) The application shall contain reasons and justification for the proposed \r\nincrease and all the requisite documents or evidence in support of the application \r\nshall be annexed with the application. \r\n(4) The Incharge shall provide such other information or documents to the \r\nRegistering Authority as may be necessary for the disposal of the application. \r\n                                                           \r\n9Inserted by the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment) Act 2017 ( VIII of 2017), \r\npublished in the Punjab Gazette (Extraordinary), dated: 24 March 2017, pp. 5219-5221, s.5. \r\n10 Inserted by the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment) Act 2016 (XVII of 2016) , \r\npublished in the Punjab Gazette (Extraordinary), dated: 4 March 2016, pp. 4099-4102, s.4. \r\n11Substituted by the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment) Act 2017 (VIII of 2017), \r\npublished in the Punjab Gazette (Extraordinary), dated: 24 March 2017, pp. 5219-5221, s.6. \r\n12[(5) The Registering Authority may, after affording an opportunity of \r\nhearing to the Incharge and after recording reasons, reject the application for \r\nincrease in the fee of the school or allow reasonable increase in the fee not \r\nexceeding eight per cent of the fee charged for the class during the previous \r\nacademic year.] \r\n13[(6) * * * * * * * * * * *  ] \r\n14[(7) The Registering Authority shall, within thirty days from the receipt \r\nof the application for increase in the fee, take appropriate decision and inform \r\nthe applicant of the decision taken.] \r\n(8) The admission fee or the security shall not exceed the amount equal to \r\nthe tuition fee payable by the student for a month. \r\n(9) The word ‘fee’ in this section means admission fee, tuition fee, \r\nsecurity, laboratory fee, library fee or any other fee or amount charged by an \r\ninstitution from a student. \r\n(10) An institution shall not require the parents to purchase textbooks, \r\nuniform or other material from a particular shop or provider.] \r\n8. Inspection.– (1) The Registering Authority or an officer  authorised by \r\nGovernment may inspect any institution and may give directions to require compliance \r\nwith the conditions prescribed for registration. \r\n(2) The directions under sub -section (1) shall be communicated to \r\nthe incharge of the institution through an order and such person shall comply with \r\nthe same within such time as may be specified therein. \r\n9. Cancellation of Registration .– A certificate of registration granted under \r\nsection 6 may be cancelled by the Registering Authority after giving an opportunity of \r\nbeing heard to the incharge of the institution if– \r\n(i) there is a contravention of any of the provisions of this Ordinance or \r\nthe rules: \r\nProvided that in case of a minor default which can be easily remedied, \r\nopportunity may be given to remove the default within a time specified in \r\nthe order and if it is not re moved within the time so specified , \r\ncancellation shall follow; \r\n(ii) the incharge of the institution has failed within the period specified to \r\ncomply with any direction issued under the provisions of this Ordinance \r\nor the rules; and \r\n(iii) the institution has ceased to exist. \r\n                                                           \r\n12Substituted by the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment) Act 2017 (VIII of 2017), \r\npublished in the Punjab Gazette (Extraordinary), dated: 24 March 2017, pp. 5219-5221, s.6. \r\n13Omitted by the Punjab Private Educational Instituti ons (Promotion and Regulation) (Amendment) Act 2017 ( VIII of 2017), \r\npublished in the Punjab Gazette (Extraordinary), dated: 24 March 2017, pp. 5219-5221, s.6. \r\n14Substituted by the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment ) Act 2017 (VIII of 2017), \r\npublished in the Punjab Gazette (Extraordinary), dated: 24 March 2017, pp. 5219-5221, s.6. \r\n15[10. Appeal.– (1) Any person aggrieved by a final order of the Registering \r\nAuthority may, within thirty days of the date of receipt of the order, prefer an appeal \r\nto the Commissioner of the Division and the Commissioner shall decide the  appeal \r\nwithin thirty days. \r\n(2) The decision of the Commissioner shall be final.] \r\n16[11. Penalties.– (1) If an Incharge contravenes any provisions of the Ordinance or \r\nthe rules, the Registering Authority may, subject to reasonable opportunity of defence, \r\nimpose administrative penalty which may extend to twenty thousand rupees per day \r\nfrom the date when the notice of contravention is served on the institution till such time \r\nthat the contravention continues. \r\n(2) If the contravention under subsection (1) contin ues for more than thirty \r\ndays, the Registering Authority may, in addition to any other action or penalty under the \r\nOrdinance, file a complaint against the Incharge in the court of Magistrate of the First \r\nClass and the court may punish the Incharge with fine which may extend to two million \r\nrupees but which shall not be less than two hundred thousand rupees. \r\n(3) Subject to subsections (2) and (3) of section 3, in addition to any other \r\naction or penalty under the Ordinance, if an Incharge runs the institution without \r\nregistration under this Ordinance, the Incharge shall be liable to punishment of fine \r\nwhich may extend to four million rupees but which shall not be less than three hundred \r\nthousand rupees. \r\n(4) The Registering Authority shall not impose penalty of fine under \r\nsubsection (1) unless the Incharge is afforded an opportunity of hearing.] \r\n17[12. Cognizance and summary trial .– (1) An offence under this Ordinance shall \r\nbe cognizable on the complaint of the Registering Authority or an officer authorized \r\nby the Registering Authority.  \r\n(2) A Magistrate of the first class shall conduct the trial of an offence under \r\nthis Ordinance in accordance with the provisions of Chapter XXII of the Code of \r\nCriminal Procedure, 1898 ( V of 1898 ) relating to the summary trials and  \r\nnotwithstanding anything contained in the said Code may impose punishment of any \r\namount of fine under the Ordinance.] \r\n18[12A. Compounding of offence .– (1) Subject to subsection (2), the Registering \r\nAuthority may, at any stage, compound an offence under thi s Ordinance subject to \r\nthe deposit of administrative penalty which shall not be less than one hundred \r\nthousand rupees.  \r\n(2) The offence under this Ordinance shall not be compoundable if the \r\naccused had been previously convicted under the Ordinance or his previous offence \r\n                                                           \r\n15 Substituted by the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment) Act 2016 (XVII of 2016), \r\npublished in the Punjab Gazette (Extraordinary), dated: 4 March 2016, pp. 4099-4102, s.5. \r\n16 Substituted by the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment) Act 2016 (XVII of 2016), \r\npublished in the Punjab Gazette (Extraordinary), dated: 4 March 2016, pp. 4099-4102, s.6. \r\n17 Substituted by the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment) Act 2016 (XVII of 2016), \r\npublished in the Punjab Gazette (Extraordinary), dated: 4 March 2016, pp. 4099-4102, s.7. \r\n18 Inserted by the Punjab Private Educational Institutions (Promotion and Regulation) (Amendment) Act 2016 (XVII of 2016) , \r\npublished in the Punjab Gazette (Extraordinary), dated: 4 March 2016, pp. 4099-4102, s.8. \r\nhad been compounded by the Government or the officer authorized by the \r\nGovernment. \r\n12B. Recovery of amounts due .– The collector of the district shall recover any \r\nfine or other amount payable under this Ordinance as arrears of land revenue. \r\n12C. Directions and Instructions .– The Registering Authority may, from time to \r\ntime, issue such directions or instructions to the Incharge as may be necessary to \r\naccomplish the objectives of the Ordinance, and the Incharge shall comply with such \r\ndirections or instructions within the time specified by the Registering Authority.] \r\n19\r\n[12D. Special directives .– The Registering Authority may issue special directives \r\nfor closure of schools and for ensuring that students are imparted education through \r\nalternative me ans in special circumstances including but not limited to calamities, \r\nepidemics, floods, wars, environmental or natural disasters, or  when the Registering \r\nAuthority deems that physical presence of students at schools is hazardous for their \r\nhealth, and, th e Registering Authority may also issue directions determining the fee \r\nto be charged by the schools for the period during which such special directives \r\nremain in field.] \r\n13. Power to make rules .– Government may make rules to carry out the \r\npurposes of this Ordinance. \r\n14. Repeal.– The Punjab Registration of Unrecognized Educational Institutions \r\nOrdinance, 1962 (W. P. XI of 1962), is hereby repealed. \r\n                                                           \r\n19 Inserted by the Punjab Private Educational Inst itutions (Promotion and Regulation) (Amendment) Act 2020 (XVI of 2020), \r\npublished in the Punjab Gazette (Extraordinary), dated: 11 August 2020, pp. 565-566, s.2.",
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