The National College of Business Administration Ordinance 2002

[1]THE NATIONAL COLLEGE OF BUSINESS ADMINISTRATION & ECONOMICS, LAHORE ORDINANCE 2002

(Ordinance XX of 2002)

[10 April 2002]

An Ordinance to provide for the establishment of the National College of Business Administration & Economics, Lahore

Preamble.– Whereas it is expedient to provide for the establishment of the National College of Business Administration & Economics, Lahore and for matters ancillary and connected thereto in the manner hereinafter appearing;

And whereas the Provincial Assembly of the Punjab stands dissolved and the Governor is satisfied that circumstances exist which render it necessary to take immediate action;

And whereas under Article 4 of the Provisional Constitution (Amendment) Order No.9 of 1999, as amended by the Chief Executive Order No.11 of 2000, the Governor of a Province may issue and promulgate an Ordinance;

Now, therefore, in exercise of the aforesaid powers and all other powers enabling him in that behalf, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:-

1. Short title and commencement.– (1) This Ordinance may be called the National College of Business Administration & Economics, Lahore, Ordinance, 2002.

(2) It shall come into force at once.

2. Definitions.– In this Ordinance unless there is anything repugnant in the subject or context–

(a) “Board” means the Board of Governors;

[2][(aa) “Company” means the Alhamra Education (Private) Limited, a Company registered under the Companies Act, 2017 (XIX of 2017);]

(b) “Government” means the Government of the Punjab;

(d) “Patron” means the Governor of the Punjab;

(e) “Rector” means the Rector of the Institute;

(f) “Regulations” mean the Regulations made or deemed to have been made under this Ordinance; and

[3][(g) * * * * * ** * * ** * *]

3. Establishment of the Institute.– (1) There shall be established an Institute to be called the National College of Business Studies & Economics, Lahore with its campus located at Lahore.

(2) The Institute shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and shall by the said name sue and be sued.

4. Functions and powers of the Institute.– The functions and powers of the Institute shall be–

(a) to provide for instruction and training in–

[4][(i) Social Sciences, Arts and Humanities, Law, Architecture and Design, Computer Sciences and Information Technology, Business Administration, Natural Sciences; and]

(ii) such other branches of learning as the Board of Governors may determine with the approval of the Patron given on the recommendation of a committee constituted by the Education Department:

Provided that in case of medical and engineering education, approval of the Pakistan Medical & Dental Council and Pakistan Engineering Council respectively shall be a pre-requisite;

(b) to provide for research, demonstration and other services, and for the advancement and dissemination of knowledge;

(c) to hold examinations and confer on or award degrees, diplomas, certificates and other academic distinctions to persons who have passed its examinations;

(d) to select and promote faculties;

(e) to prescribe course of studies;

(f) to establish and support other facilities for education, training and research; and

(g) to decide teaching methods and strategies in order to ensure the most effective educational and training programs.

5. Jurisdiction.– (1) The jurisdiction of the Institute shall be restricted to the Province of the Punjab.

(2) The Institute shall not open any sub-campus or affiliate any other educational institution for a period of ten years from the commencement of this Ordinance after which period it may have sub-campuses with the approval of the Patron.

[5][(3) The campuses of National College of Business Administration & Economics, Lahore at Multan, Rahim Yar Khan and Bahawalpur shall be deemed to be the sub-campuses of National College of Business Administration & Economics, Lahore established under the provisions of section 5 of the Ordinance.]

6. Patron.– (1) The Governor of the Punjab shall be the Patron of the Institute.

(2) The Patron or his nominee shall preside at the convocations of the Institute.

(3) Every proposal to confer an honorary degree shall be subject to confirmation by the Patron.

7. Inspection and inquiry.– (1) The Patron may cause an inspection or inquiry to be made in respect of any matter connected with the affairs of the Institute.

(2) The Patron shall communicate to the Board of Governors his views with regard to the result of the inspection or inquiry and shall, after ascertaining the views of the Board, advise the Board on the action to be taken by it.

(3) The Board of Governors shall, within such time as may be specified by the Patron, communicate to him such action as has been taken as a result of the inspection or inquiry.

(4) Where the Board of Governors does not, within the time specified, take action to the satisfaction of the Patron, the Patron may issue such directions as he thinks fit and the Board shall comply with all such directions.

(5) The Patron may, on the recommendation of a Committee constituted by the Patron and comprising a nominee of the Board of Governors, a Judge of the Lahore High Court to be nominated by the Chief Justice of the said Court and a Professor Emeritus or Vice Chancellor, take any action against the Institute including its closure.

(6) The Government may make Rules to give effect to the provisions of sub-section (5).

(7) The Patron shall have the authority to annul any decision or action of the Board of Governors, which he thinks was taken against the interest of academic excellence, religious and cultural ideology and national integrity.

[6][8. Board of Governors.– (1) The Board of the Institute shall consist of the following:

(i) Chief Executive of the Company who shall be the Chairman of the Board;

(ii) Directors of the Company subject to a maximum of four Directors to be nominated by the Company;

(iii) three persons of eminence, including at least one woman, in the field of education, research and industry to be nominated by the Company;

(iv) three members of the Provincial Assembly of the Punjab, including at least one woman member, to be nominated by the Speaker;

(v) Secretary to the Government, Higher Education Department or his nominee;

(vi) Chairman, Higher Education Commission, Islamabad or his nominee not below the rank of a director;

(vii) A Vice Chancellor of a public sector university in Punjab to be nominated by the Patron; and

(viii) Rector (Member / Secretary).

(2) The quorum for a meeting of the Board shall be one half of the total number of the members, a fraction being counted as one.]

9. Rector.– (1) The Rector shall be appointed by the Government on such terms and conditions as may be determined, on the recommendations of the Board.

(2) The Rector shall perform such functions as are assigned to him by the Board.

10. Powers and functions of the Board of Governors.– The administration and management of the affairs of the Institute shall vest in the Board.

11. Business of the Board.– (1) The meetings and the business of the Board shall be conducted in such manner and in accordance with such procedure as may be prescribed in the Regulations and until these matters are prescribed, as may be determined by the Board.

(2) No Statute, Regulation or proceeding of the Board shall be invalid by reason of any vacancy or defect in the constitution of the Board.

12. Appointments.– The Institute may appoint such persons in its services as may be necessary on the terms and conditions as may be determined by the Board.

13. Committees.– The Board may constitute such committees as may be deemed necessary for carrying out the purposes of this Ordinance.

14. Delegation of powers.– The Board may delegate to any person or a committee any of its powers, duties or functions.

15. Institute Fund.– There shall be a fund to be known as the National College of Business Studies & Economics Fund which shall vest in the Institute and to which shall be credited all sums received by the Institute.

16. Budget, audit and accounts.– The budget of the Institute shall be approved and its accounts shall be maintained and audited in such manner as may be prescribed by the Board.

17. Regulations.– The Board may, by notification, make Regulations for the administration and management of the affairs of the Institute.

18. Removal of difficulties.– If any difficulty arises in giving effect to any of the provisions of this Ordinance, the Government may, in consultation with the Board, give such directions, not inconsistent with the said provisions, as it may consider necessary for the removal of such difficulty.

[1]Promulgated by the Governor of the Punjab on 10 April 2002; and published in the Punjab Gazette (Extraordinary), dated 10 April 2002, pages 1293-1296. Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.

[2]Inserted by the National College of Business Administration & Economics, Lahore (Amendment) Act 2021 (XLVII of 2021).

[3]The following omitted by the National College of Business Administration & Economics, Lahore (Amendment) Act 2021 (XLVII of 2021):

“(g) “Trust” means “Ali Education Trust”, Lahore.”

[4]Substituted by the National College of Business Administration & Economics, Lahore (Amendment) Act 2021 (XLVII of 2021); for the following:

“(i) Business Administration and Computer Sciences; and”

[5]Inserted by the National College of Business Administration & Economics, Lahore (Amendment) Act 2021 (XLVII of 2021).

[6]Substituted by the National College of Business Administration & Economics, Lahore (Amendment) Act 2021 (XLVII of 2021); for the following:

“8. Board of Governors.– (1) The Board of Governors of the Institute shall consist of the following:-

(i) Chairman of Ali Education Trust;

(ii) Members of the Board of Trustees of the Trust subject to a maximum of four members;

(iii) Chairman, University Grants Commission or his nominee not below the rank of a whole time member;

(iv) A Vice Chancellor of a University in the Punjab nominated by the Patron;

(v) The Rector; and

(vi) Secretary to the Government of the Punjab Education Department or his nominee not below the rank of an Additional Secretary.

(2) The Chairman of the Board of Trustees of the Trust shall be the Chairman of the Board.

(3) The quorum for a meeting of the Board shall be one half of the total number of members, a fraction being counted as one.”