To The Secretary ‘National Assembly of Pakistan Subject: Amendments to amend THE Higher Education Commission Ordinance 2002 (Ordinance L II! of 2002) WHEREAS it is expedient to amend The Higher Education Commission Ordinance 2002 (Ordinance L Ill of 2002), for the purposes hereinafter appearing. We are enclosing the Bill of Amendments to be laid before the National Assembly as a private member Bill in accordance with the Constitution and Rules and procedures so that these amendments are approved and after the necessary approvals, they become law. ‘Submitted as per law and public interest, kindly take further necessary steps to lay the Bill in the House for approval please. Moved by - Tele Dr. Samina Matloob MNA Zahra Wadood Fatemi MNAA BILL To AMEND THE HIGHER EDUCATION COMMISSION ORDINANCE 2002 (ORDINANCE LIZ OF 2002) WHEREAS it is expedient to amend The Higher Education Commission Ordinance 2002 (Ordinance LIll of 2002), for the purposes hereinafter appearing; 1. Short title, extent and commencement.- (1) This Act may be called the Higher Education Commission Ordinance, 2002 Amendment Act 2023, (2) It extends to the whole of Pakistan {G) It shall come into force at once. 2, Amendment of Section 4, Ordinance No. Lill of 2002.- In the said Ordinance in Section 4, sub-section (1), after the term ‘Higher Education Commission” and before the full-stop(.), the term “as the sole standard setting and regulatory authority of Higher Education in country” shall be inserted, Amendment of Section 6, Ordinance No, Lill of 2002.- In the said Ordinance, in Section 6, (@) In sub-section (1) clause (b), the term “Ministry of Education” shall be substituted with “Ministry of Federal Education and Professional Training.” (for sub-section (1) clause (c) the “Information Technology and Telecommunications Division” shall be substituted with “Ministry of Planning, Development, and Special Initiatives’ and “Scientific and(h) in sub-section (4), the term “clause (a) of’ shall be deleted and the numerical figure *2" existing in parentheses shall be substituted with the numerical figure “3”, (® for subsection (5), the following shall be substituted and shall always be deemed to have been so substituted and shall be applicable on the incumbents;- *(8) The Chairperson and the members shall hold office for a period of four years and shall in no case be eligible for re-appointment for more than one similar term.” @ After Subsection 5, the sub-section (5A) introduced through the Higher Education Commission Ordinance (Amendment Act) 2021 and amended through Higher Education Commission Ordinance (Second Amendment Act) 2021 stands repealed. 4, Amendment of Section 9 of the Ordinance of 2002.- (2) In sub-section (1), the expression “At least six’ shall be substituted with the expression namely “One third of the total members” @) In sub-section (2), the expression ‘nine members” shall be substituted with the expression “one half of the membership” and the expression “a quorum’ shall be substituted with the expression “the quorum’. s. Amendment of subsection (1) of Section 10, Ordinance No. Lill of 2002.- Subsection (1) of Section 10 Powers and functions of the Commission shall be amended as under, (a) In the rider clause the word “regulation,” shall be inserted before the word “evaluation” and the word “may” shall be substituted with the expression “shall be empowered to:”.(IN clause (a) of subsection (1), the term “accreditation standards, criteria” shall be inserted after the term “guiding principles” (©) In clause (b) of sub-section (1) the term “higher educational’ shall be added before the word “Institution” and before the semicolon ",*, the following shall be inserted namely “and take appropriate regulatory actions as may be prescribed, against institutions violating academic, research, governance, and other standards” (d) In clause (c) of sub-section (1) the term “or will be closed or operations suspended” Shall be inserted after the word “operated” and before the (©) In the clause (e) of sub-section (1), the word “and” existing after the word “faculties” shall be substituted with a ",” and the words ‘and programs” shall be inserted after the word “discipline” (® In the clause (f) of sub-section (1), the term “or withdrawal thereof for violating academic and other standards prescribed by the Commission” shall be inserted after the word “sector” and before the semicolon *;” (g)In the clause (h) of sub-section (1) the term “performance and regulatory compliance," shall be inserted before the term ‘annual recurring needs” (ht) In the clause (!) of sub-section (1), the word “and” occurring for the second time shall stand substituted by a comma *," and the term “and skills-based learning’ shall be inserted immediately after the term “applied sciences’ (i) In the clause (n) of sub-section (1) the term “cause to be” shall be deleted. @ In the clause (0) of sub-section (1) the expression *, subject to fulfilment of academic skills and requirements as set out under theprovisions of this Ordinance,” shall be inserted immediately after the word “determine” (k)In the clause (r) of sub-section (1), the expression “or recovery” shall be inserted immediately after the word “allocation” and the following Proviso shall be inserted and shall always be deemed to have been so inserted “Provided that for the purposes of recovery of scholarship amount as enunciated in aforesaid clause, the suit shall be a suit filed by the Commission on behalf of the Federal Government in terms of Section 149 of the Limitation Act, 1908." () In the clause (x) of sub-section (1) the expression “may cause it” be ‘substituted with expression “shall be” before the word “published” while the word “and” existing at the end shall stand deleted. (m) The clause (y) of sub-section (1) shall stand substituted with the following namely “institute scholarships, trainings and other welfare programs for its employees; and” (n) After clause (y), the following new clauses shall be inserted in sub- section (1), namely *(z) On the written request of Federal or Provincial Governments, the Commission may make search committee for appointment of a Vice Chancellor in a Public sector University headed by the nominee of the Chairman HEC.”“(aa)_ The Commission shall maintain an up-to-date databases of enrolled, graduated students, teaching & non-teaching staff, universities, academic, research and quality and other related information;" “(ab) Promote culture of research, innovation, entrepreneurship, and excellence in all the institutions based on industry and professional demands;” “(ac) The Commission shall take action to close and stop academic activities in non-chartered higher education institutes and unapproved campuses of chartered universities by instituting and pursuing criminal cases against the management of such institutions in relevant session courts under the relevant section of PPC;” “(ad) Give directions to Government functionaries, District administration and police to aid the Commission wherever the Commission deems necessary; and” “(ae) 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.” 6. Amendment of Section 11, Ordinance No. Lill of 2002.- In section 11, after sub-section (2) the following new sub-section shall be inserted namely “(3) The Executive Director shall be the Principal Accounting Officer of the Commission and shall have the ex-officio status of Federal Secretary.”7, Amendment of Section 12, Ordinance No. Lill of 2002.- In section 12, after sub-section (2) the following new sub-section shall be inserted namely “(3) The Commission may create, upgrade, redesignate and abolish posts as it may deem necessary for the efficient disposal of the business of the Commission through its secretariat’. 8, Amendment of Section 18, Ordinance No. LIll of 2002.- In Section 18 of the said Ordinance, after the words “Executive Director” the word “or” shall be substituted by ",” and after the expression “any of its member’ the expression “project director, officer” shall be inserted and the expression “powers and” shall be inserted before the word “functions’. 9. Insertion of Section 19A, in Ordinance No. Lil! of 2002 In the said Ordinance, after Section 19, a new Section shall be added namely “49A. Indemnity.- No suit, prosecution or other legal proceedings shall lie against the Commission, the Chairperson, any member, officer, servant, consultant or adviser of the Commission in respect of anything done or intended to be done, in good faith under this Ordinance” 10. Insertion of Section 20A, in Ordinance No. LIIl of 2002 In the said Ordinance, after Section 20, a new Section shall be added namely °20A. Federal and Provincial Authorities to assist the Commission.- The Federal and Provincial Governments shall assist the Commission inthe enforcement of the academic standards and punitive actions as prescribed by the Commission”Statement of Objects and Reasons These amendments are submited for approval as Higher Education Commission's 4 WY Important nationalinsttution ands funetions hold the key for advancement of Pakistan Ia the field of Higher Educ: Higher Education in Pakistan of international aceptablestandar¢ isthe only way that Pakistan) ns can get jobs and earn foreign exchange in foreign exchange in foreign countries and contribute toward economy of Pakistan and this is the only way that the economy of Pakistan ‘can improve. The linkage of Educational Curriculum with industry and employers and the knowledge and sklls required to get ajob has to be understood. The word is now a small village, and we have to cater the international requirements expected out of 2 graduate and postgraduate educated in Pakistan Institutions 30 that the international market and job prospects open up forthe Pakistant graduates and postgraduates. A well-educated, well trained and well accopted human resource whose education and educational institution is nationally and Internationally accredited and accepted worldwide is the goal which is also the key to the success of the country, We must dedicate ourselves to this goal. The Higher Education Commission is our pivot. To keep up with the present time and for the future, these amendments are necessary to empower the Higher Education Commission with a renewed mandate to uplift the higher education in Pakistan. ‘The powers and functions of the Commission in section 20 in its original form had been left ambiguous andit is expedient to bring clarity in the power and functions of the Higher Education ‘Commission for betterment in education and knowledge in the country so that we become best ofthe best and achieve geals of excellence in education, innovation and research to open better ‘opportunities for our graduates and postgraduates. ‘To achleve these achievable goals, the law ef Higher Education Commission has to be amended by defining clear cut powers and functions of Higher Education Commission to. make the ‘Commission vibrant so that the Commission, its reputation, and its working is revived, and the ‘country can keep abreast with present times, Hence, these amendments are proposedin the best national interest and may be passed by the House. Dr. Zulfigar AIvaa¢ti MNA ele Dr. Samina Matloob MNA Zahra Wadood Fatemi MINA