Ordinance LIII of 2002 · 11 pages
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Updated till 31.8.2022
THE HIGHER EDUCATION COMMISSION ORDINANCE, 2002
CONTENTS
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CHAPTER I
PRELIMINARY
SECTIONS:
1 Short title, extent and commencement
2 Definitions
CHAPTER II
ESTABLISHMENT AND FUNCTIONS OF COMMISSION
3 Controlling Authority
4 Establishment of the Commission
5 Appointment of Chairperson
6 Composition and constitution of the Commission
7 Honorarium and allowances of the members
8 Resignation and filling of vacancies
9 Meetings of the Commission
10 Powers and functions of the Commission
11 Secretariat of Commission
12 Recruitment of officers, etc.
13 Committees
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CHAPTER III
ACCOUNTS AND AUDIT
14 Account and reports of the Commission
CHAPTER IV
MISCELLANEOUS
15 Authentication of decisions, etc.
16 Representation of Commission
17 Validity of Proceedings
18 Delegation of function
19 Chairperson, member and officers, etc., to be public servants
20 Ordinance to override other laws
21 Power to make rules
22 Repeal
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THE HIGHER EDUCATION COMMISSION ORDINANCE, 2002
ORDINANCE NO. LIII OF 2002
[11th September, 2002]
An Ordinance to provide for the establishment of the Higher Education Commission
WHEREAS in the interest of improvement and promotion of higher education, research and
development it is expedient to provide for the establishment of a Higher Education Commission and
for matters connected therewith or incidental thereto;
AND WHEREAS the President is satisfied that circumstances exist which render it necessary to
take immediate action;
NOW, THEREFORE, in pursuance of the aforesaid Proclamation of Emergency of the fourteenth
day of October, 1999 and the Provisional Constitutional Order No. I of 1999, read with the Provisional
Constitution (Amendment) Order No. 9 of 1999 and in exercise of all powers enabling him in that
behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the
following Ordinance:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Ordinance may be called the Higher
Education Commission Ordinance, 2002.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Definitions. In this Ordinance unless there is anything repugnant in the subject or context,—
(a) “Chairperson” means the Chairperson of the Commission;
(b) “Commission” means the Higher Education Commission established under
section 4;
(c) “Committee” means a committee constituted by the Commission under section
13;
(d) “Controlling Authority” means the Controlling Authority of the Commission
specified in section 3;
(e) “degree awarding institutions” means an institution imparting higher education
and awarding degree of its own;
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(f) “governing body” means the Senate, Syndicate or any other executive or
governing body, by whatever name called, of a university or degree awarding
institution established by or under any law;
(g) “Higher Education” means education at bachelor’s and higher level degree
courses including postgraduate certificates, diplomas and research and
development activities;
(h) “Institutions” means any university or other degree awarding institutions that
offers higher education or is involved in the research and development
activities;
(i) “Member” means Member of the Commission;
(j) “prescribed” means prescribed by rules made under this Ordinance;
(k) “Public Sector Institution” means the Institution set up by the Federal
Government or a Provincial Government;
(l) “Secretariat” means the Secretariat of the Commission; and
(m) “University” means a university established or incorporated under any law for
the time being in force.
CHAPTER II
ESTABLISHMENT AND FUNCTIONS OF COMMISSION
3. Controlling Authority. The Controlling Authority of the Commission shall be the Prime
Minister or, as the case may be, the Chief Executive of the Islamic Republic of Pakistan who may
supervise the affairs of the Commission.
4 Establishment of the Commission.—(1) As soon as may be, the Federal Government shall,
by notification in the official Gazette, establish a Commission to be called the Higher Education
Commission.
(2) The Commission shall be a body corporate having perpetual succession and a common seal
with powers, subject to the provisions of this Ordinance, to acquire, hold and dispose of property, both
movable and immovable, and shall by the said name sue or be sued.
(3) The headquarter of the Commission shall be at Islamabad and it may set up its sub-offices
at such place or places it may deem fit.
5. Appointment of Chairperson.—(1) The Controlling Authority shall appoint a person of
international eminence and proven ability who has made significant contribution to higher education
as teacher, researcher or administrator, as Chairperson on such terms and conditions as it may
determine.
(2) The Chairperson appointed under sub-section (1) shall have the status of Federal Minister.
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6. Composition and constitution of the Commission.—(1) The Commission shall consist of
following members, namely:—
(a) the Chairperson;
(b) the Secretary, Ministry of Education;
(c) Secretary,
(i) Information Technology and Telecommunications Division; or
(ii) Scientific and Technologic Research Division; to be nominated by the
Controlling Authority;
(d) four nominees of the Provincial Governments, one from each of the provinces;
(e) ten members appointed in the manner specified in sub-sections (3) and (4); and
(f) Executive Director to the Commission.
(2) The Executive Director of the Commission shall be ex-officio Secretary of the Commission.
(3) The Controlling Authority in the first instance shall appoint 1[thirteen] members of the
Commission out of whom —
(a) seven shall be persons of international eminence and proven ability with
significant contribution to higher education as teacher, researcher or
administrator provided that at least one of the members shall be a woman;
(b) one member shall be a Rector or Vice-chancellor appointed by the Controlling
Authority out of a panel of three persons suggested by a committee consisting
of all Vice-chancellors of public sector universities to be set up by the
Commission; and
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(c) [Five] members shall be persons of eminence from the private sector who have
made significant contributions in the field of higher education or research and
development.
(4) In all subsequent appointments of the members specified in clause (a) of sub-section (2) the
Commission shall suggest a panel of three persons for each seat out of whom one may be appointed
by the Controlling Authority not later than one month from the date of reciept of the names proposed
by the Commission and the Controlling Authority may not appoint any of the persons proposed by the
Commission and may seek a fresh proposal for suitable persons for appointment as members.
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[(5) The Chairperson shall hold office for a period of two years and members shall hold office
for period of four years. In no case the Chairperson and members shall be eligible for re-appointment
for more than one similar term.]
1
Subs. by the Higher Education Commission (Amendment) Act, 2021(XXII of 2021), s. 3
2
Subs. by the Higher Education Commission (Amendment) Act, 2021(XXI of 2021), s. 2
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[(5A) Notwithstanding anything in any order, notification, contract, agreement or any
instrument containing the duration and terms of service, a Chairperson or a member who, on or after
commencement of the Higher Education Commission (Amendment) Act, 2021 completes the term or
tenure as provided in sub-section (5) shall on such commencement forthwith cease to be the
Chairperson or member, as the case may be.
Explanation.—Sub-section (5), as amended, shall have operation despite any vested right or
right as a past and closed transaction in any appointment or terms thereof acquired or purported to have
been acquired prior to coming into force of the Higher Education Commission (Amendment) Act,
2021]
(6) The Chairperson and the members may not be removed from office before the expiry of
their term save on proven charges of corruption, inefficiency, permanent disability or failure to attend
two consecutive meetings without intimation in advance.
7. Honorarium and allowances of the members. The members, other than Chairperson and
Executive Director, shall not be entitled to any salary or benefits for their services except such
honorarium and allowances as may be prescribed.
8. Resignation and filling of vacancies.—(1) The Chairperson or any Member may, by
writing under his hand addressed to the Controlling Authority, resign from his office.
(2) Any vacancy occurring in the membership of the Commission due to death, removal or
resignation shall be filled in accordance with the provisions of this Ordinance. In case the vacancy is
not filled within three months, the Commission shall itself appoint person out of the panel referred in
sub-section (4) of section 6.
(3) In the case of vacancy occurring in the office of the Chairperson, the Controlling Authority
may nominate any Member of the Commission to act as Chairperson for a maximum period of three
months during which period the Controlling Authority shall fill in the vacancy by appointing a regular
Chairperson.
9. Meetings of the Commission.—(1) A meeting of the Commission shall be held at least
twice in a financial year on such day, at such time and place as the Chairperson may determine. At
least six members may also call a meeting of the Commission in relation to the functions of the
Commission only.
(2) For the purposes of a meeting of the Commission, nine members shall constitute a quorum.
(3) The Chairperson or, in his absence, a Member, elected by the members present in the
meeting for the purpose, shall preside over a meeting of the Commission.
(4) All decisions of the Commission shall be expressed in terms of the opinion of the majority
of its members present and voting. In the event of an equality of votes, the Chairperson or, as the case
may be, the Member presiding the meeting shall have a casting vote:
Provided that the Controlling Authority may refer any decision of the Commission to the
Commission for reconsideration.
1
Ins. by the Higher Education Commission (Amendment) Act, 2021(XXI of 2021), s. 2
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10. Powers and functions of the Commission.—(1) For the evaluation, improvement, and
promotion of higher education, research and development, the Commission may—
(a) formulate policies, guiding principles and priorities for higher education
Institutions for promotion of socio-economic development of the country;
(b) cause evaluation of the performance of Institutions;
(c) prepare, through consultation with the Institutions, plans for the development of
higher education and express its opinion on all matters relating thereto;
(d) prescribe conditions under which Institutions, including those that are not part
of the State educational system, may be opened and operated;
(e) set up national or regional evaluation councils or authorize any existing council
or similar body to carry out accreditation of Institutions including their
departments, faculties and disciplines by giving them appropriate ratings. The
Commission shall help build capacity of existing councils or bodies in order to
enhance the reliability of the evaluation carried out by them;
(f) advise the Federal Government and the Provincial Governments on proposals
for granting a charter to award degrees in both public and private sector;
(g) submit to the Federal Government the recurring and development budgets for
public sector Institutions and allocate funds to public sector Institution out of
bulk financial provision received from the government and other resources on
performance and need basis;
(h) review and examine the financial requirements of public sector Institutions;
approve and provide funds to these Institutions on the basis of annual recurring
needs as well as for development projects and research based on specific
proposals and performance and while approving funds for a public sector
Institution the Commission shall ensure that a significant proportion of the
resources of the Institution are allocated to research support and libraries;
(i) approve projects within the same ceilings as are specified for Department
Development Working Party;
(j) advise Institutions in raising funds from sources other than the Government;
(k) support the development of linkages between Institutions and industry as well
as national and international organizations that fund research and development
with a view to enhancing research;
(l) facilitate the introduction of educational programmes that meet the needs of the
employment market and promote the study of basic and applied sciences in
every field of national and international importance in the Institutions;
(m) advise Institutions in ensuring a proper balance between teaching and research;
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(n) cause to be setup testing bodies or designate any existing body for the purpose;
(o) determine the equivalence and recognition of degrees, diplomas and certificates
awarded by Institutions within the country and aboard;
(p) develop guidelines and facilitate the implementation of a system of evaluation
of performance of faculty members and Institutions;
(q) provide guidelines as regards minimum criteria and qualifications for
appointment, promotion, salary structure in consultation with the Finance
Division and other terms and conditions of service of faculty for adoption by
individual Institutions and review its implementation;
(r) take measures, including the allocation of funds, for the establishment of
fellowships, scholarships, visiting professorships programmes or any other
programme, in addition to assistance of similar programmes of Institutions; and
facilitate greater mobility of faculty through national and international contacts;
(s) set up committees comprising national and international experts in various
disciplines to advise the Commission on its affairs;
(t) promote formal links between Institutions in the country to make the most
effective use of experience and specialized equipment and promote national and
international linkages with respect to knowledge sharing, collaborative
research, personnel exchange and cost sharing;
(u) encourage, support and facilitate training programs, workshops and symposia;
(v) guide Institutions in designing curricula that provides a proper content of basic
sciences, social sciences, humanities, engineering and technology in the
curricula of each level and guide and establish minimum standards for good
governance and management of Institutions and advise the Chancellor of any
institution on its statutes and regulations;
(w) establish an endowment fund for higher education with contributions from
governmental as well as non-governmental resources;
(x) collect information and statistics on higher education and Institutions as it may
deem fit and may cause it published; and
(y) perform such other functions consistent with the provisions of this Ordinance
as may be prescribed or as may be incidental or consequential to the discharging
of the aforesaid functions.
(2) The Commission shall perform all its functions efficiently and diligently.
11. Secretariat of Commission.—1[(1) The Government shall appoint an Executive Director
on the recommendations of the Ministry of Federal Education who shall unless earlier removed on any
of the grounds specified in sub-section (6) of section 6, shall hold office for a term of four years and
shall be responsible for the various activities of the Commission.]
1
Subs. by the Higher Education Commission (Amendment) Act, 2021(XXI of 2021), s. 3
Page 8 of 11
(2) The Executive Director shall be the head of the Secretariat. The Secretariat shall act as the
executing wing of the Commission and shall be responsible for implementation of all the orders,
decisions, directives and policy of the Commission.
12. Recruitment of officers, etc.—(1) The Commission may, from time to time, appoint such
officers, servants, consultants and advisers as it may consider necessary for the efficient performance
of its functions on such terms and conditions as may be prescribed by the Federal Government.
(2) The Commission shall make rules for recruitment of its employees.
13. Committees.—(1) The Commission may setup as many committees as may be required to
effectively perform its functions.
(2) The composition and functions of a committee shall be such as the Commission may
determine.
CHAPTER III
ACCOUNTS AND AUDIT
14. Account and reports of the Commission.— (1) The Commission shall have an account
to which shall be credited all grants and contributions made by the Federal Government or a Provincial
Government or by any person or authority and out of which shall be disbursed the grants and other
expenditure to be made and incurred by the Commission.
(2) The Federal Government shall provide funds to the Commission for meeting all expenses
required for discharging its functions and for the public sector institutions and shall, subject to
availability of funds, provide annual grants regularly.
(3) The accounts of the Commission shall be—
(a) maintained in such form and manner as the Federal Government may, in
consultation with the Controller General of Accounts, determine; and
(b) audited by Auditor-General of Pakistan.
(4) The Commission shall, after the end of every financial year, submit to the Controlling
Authority the audited annual statement of accounts of the Commission, together with the report of the
Auditor-General of Pakistan.
(5) The Commission shall also submit to the Controlling Authority after the end of every year
a report on the state of higher education and on its activities during that year.
CHAPTER IV
MISCELLANEOUS
15. Authentication of decisions, etc. All decisions of the Commission shall be authenticated
by the signature of the Chairperson or of any other member authorized by it in this behalf and all other
orders or instruments issued or executed by or on behalf of the Commission shall be authenticated by
the signature of an officer of the Commission authorized by it.
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16. Representation of Commission. Any law or other instrument providing for the
establishment or incorporation of a university or a degree awarding institution shall have effect as if it
provided for the governing body of the university or degree awarding institution consisting of a
nominee of the Commission in addition to the members of the governing body.
17. Validity of Proceedings. No act, proceedings, decision or order of the Commission shall
be invalid by reason only of the existence of vacancy in, or defect in the constitution of, the
Commission.
18. Delegation of function. The Commission may, by general or special order and subject to
such conditions as it may deem fit to impose, delegate to Chairperson, Executive Director or any of its
member any of its functions under this Ordinance.
19. Chairperson, member and officers, etc., to be public servants. The Chairperson,
members, officers, servant, consultant and advisers shall be deemed to be public servants within the
meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).
20. Ordinance to override other laws. The provisions of this Ordinance shall have effect
notwithstanding anything to the contrary contained in law for the time being in force.
21. Power to make rules. The Commission may, with the prior approval of the Controlling
Authority, by notification in the official Gazette, make rules for carrying out the purposes of this
Ordinance.
22. Repeal.—(1) The University Grants Commission Act, 1974 (XXIII of 1974) is hereby
repealed.
(2) Upon commencement of this Ordinance—
(a) all funds, properties, rights and interests of whatsoever kind issued and used,
enjoyed, possessed, owned or vested in the UGC in existence immediately
before such commencement and all liabilities, legally subsisting against the said
UGC shall pass to the Commission established under this Ordinance; and
(b) everything done, action taken, obligation or liabilities incurred, rights and assets
acquired, persons appointed, or authorized jurisdiction or power conferred,
endowment, bequests, funds, or trust created, donations or grants made or issued
under any provision of the repealed Act, rules, applicable to the said UGC shall
remain in force and be, continued and, be deemed to have been respectively
done, taken, incurred, acquired, appointed, authorized, conferred, created,
made, or issued under this Ordinance and reference in any document, to any
provision of the said Act or rules made thereunder shall, so far as may be, be
deemed to be reference to the corresponding provisions of this Ordinance or the
rules made or deemed to have been made thereunder; and
(c) any rules made under the repealed Act shall, in so far as they are not inconsistent
with the provisions of this Ordinance or the rules made there under having
recourse to the various matters which by this Ordinance have to be regulated or
prescribed by rules shall continue to be in force, until they are repealed,
replaced, rescinded or modified in accordance with the provisions of this
Ordinance; and
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(d) all contracts and working arrangements made and incurred by the UGC in
connection with and for the purpose of the UGC, before the establishment of
this Commission shall be deemed to have been made or incurred by the
Commission and have effect accordingly; and
(e) notwithstanding anything contained in any law, contract or agreement or in the
condition of service, every officer, servant or employee of the UGC existing
immediately before the establishment of this Commission shall, on such
establishment, stand transferred to, and become an employee of the Commission
on such terms and conditions as may be prescribed by rules:
Provided that the pay and allowances to which an officer and servant of the Commission shall
be entitled shall not be less favourable than those to which he was entitled immediately before such
transfer and no person who stands transferred to the Commission shall, notwithstanding anything
contained in any law, contract or agreement, be entitled to any compensation because of such transfer.
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Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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