Higher Education Regulatory Authority (HERA)

Our Objective is to streamline, Supervise and Regulate Functioning of the Degree Level Private Educational Institutions in Khyber Pakhtunkhwa

Safeguarding standards, improving the quality and achieving excellence in Higher Education in the Private Sector of Khyber Pakhtunkhwa.

“The Higher Education Regulatory Authority of Khyber Pakhtunkhwa is overseeing, regulating, and accrediting the private sector higher education efforts in Khyber Pakhtunkhwa and promotes quality education in private sector educational institutions.” Higher Education Regulatory Authority (HERA) overseeing private sector higher institutions in the following areas:

• Mandatory Registration of Institutions
• Annual Registration Renewal
• Ensuring Quality Education

Khyber PakhtunKhuwa Registration and Functioning of Private Educational Institutions Ordinance, 2001, empowers the Regulatory Authority to perform such functions and exercise such powers as may be required to streamline, supervise, and regulate the functioning of the private educational institutions in the Khyber Pakhtunkhwa Province.

The Regulatory Authority shall have all the power of a civil court under the code of Civil Procedure, 1908 (V of 1908), in respect of following matters:

• Summoning and enforcing the attendance of any person and examining him on oath
• Requiring production of documents
• Receiving witnesses on affidavit; and
• Issuing Commissions for the examination of witnesses or documents.

The Government of Khyber Pakhtunkhwa has embarked upon a revolutionary private sector educational governance authority entitled as the Higher Education Regulatory Authority. The Authority has its various Functions & Rules 

• Authority shall have exclusive jurisdiction in respect of the Registration of Private Sector Universities/Institutes and Colleges

• Registration with Authority is mandatory under the law.

• The Certificate of Registration will only be issued after the institutions fulfill the academic, administrative and other institutional requirements prescribed by the Authority in accordance with the guidelines issued by Higher Education Commission from time to time.

• All institutions/colleges imparting higher education in private sector are required to get registration with the Authority prior to affiliation with public sector universities in KP of their respective jurisdiction.

• Registration with the authority of those institutions/colleges  affiliated to various universities in public sector in KP prior to the promulgation of the ordinance is also obligatory under these regulations.

• Notwithstanding the repeal of the West Pakistan Registration of Un-recognized Educational Institutions (w.p. No. XI 1962) under section-28 of the Ibid Ordinance, all educational institutions registered thereunder shall be deemed to have been registered under ordinance No. XXVII of 2001 on the same terms and conditions as determined or may be determined for registration of a corresponding educational institution under this ordinance.

   

• The Regulatory Authority shall modify guidelines/criteria for registration of colleges/institutions from time to time.

• There shall be no deviation from the approved guidelines/criteria of the HEC/Authority without prior permission of HEC or Regulatory Authority by the universities or institutions in the private sector as the case may be.

• In case of any deviation from the norms/standards/criteria or guidelines by any registered institutions, the Authority reserve the right to withdraw its registration and advise the public sector universities to withdraw affiliation granted to such institution.

• Any person aggrieved by an order of the Regulatory Authority or any delegate of the Regulatory Authority may prefer a revision petition before the Authority.

• In case of any deviation from the norms/standards/criteria or guidelines by any registered institutions, the Authority reserve the right to withdraw its registration and advise the public sector universities to withdraw affiliation granted to such institution.

• While disposing of a revision petition the authority shall have the powers of civil court under the code of civil procedure 1908 (V of 1908) in respect of the following matters: –

  1. Summoning and enforcing the attendance of any person and examining him on oath.
  2. Requiring production of documents.
  3. Receiving witnesses on affidavit and issuing commission for examination of witnesses or documents.
  4. The decision of the Authority is revision shall be final.

• Before issuance of show cause notice under the clause-22, the public university concerned shall also be informed of the grounds for initiating proceeding regarding de-affiliation in case the show cause is issued to an affiliated college or institute.

• If a university de-affiliates any private educational college/institution, the registrar shall inform the authority for initiating proceeding against it under rule No.22.

• All the registered educational institutions shall be accessible to all students without caste, creed and religion and there shall be no restraint for admission except on merit.

• Except or otherwise expressly provided in these rules framed is accordance with ordinance, no suit, prosecution or other legal proceeding shall lie against Govt. or any other authority or person for anything done or intended to be done in good faith under these regulations.

• Campuses located in one city of a private university/institution will be considered collectively as one unit for the application of the new criteria. However, the campus of a private university/ institution located in other cities would be treated as a new institution and the same criteria will be applicable to each campus.

• All the registered educational institutions shall be accessible to all students without caste, creed and religion and there shall be no restraint for admission except on merit.

• All private sector educational institutions/colleges registered (or applying for registration) with Higher Education Regulatory Authority (HERA) shall be required to obtain and furnish to the Authority a “No Objection Certificate (NOC)” pertaining to land use/building from the respective/ relevant authorities such as Town Municipal Administration, City Development & Municipal Department (CD&MD) or Tehsil Municipal Administration in whose jurisdiction these institutions/colleges are situated/functioning.

• Public Sector Universities will allow affiliation only to those institutions/colleges who are registered with Authority.

• Registration issued to all private sector colleges/institutions prior to affiliation with public universities of their respective jurisdiction will be provisional.

• Provisional Registration issued to Colleges/Institutions in Private Sector shall stand confirmed upon their affiliation with public sector universities.

• The provisional registration certificate issued to the college/       institute shall be confirmed in those subjects/disciplines only in       which the affiliation is granted by the respective public sector university.

• Institutes/colleges imparting Higher Education established in the private sector shall not start functioning as such unless and until they are first registered with Higher Education Regulatory Authority (HERA) and affiliated with the Public Sector University of their Jurisdiction.

• Withdrawal of affiliation by the public universities under their affiliation rules will automatically result in withdrawal of Registration with Authority.

• The regulatory authority shall be responsible for supervision and performance of the registered institutions within the jurisdiction of the Authority in the manner determined by the Authority.

• Periodic visitation to the registered institution and inspection of their performance in accordance with guidelines of HEC/HERA by the Scrutiny Committee or Chairman of the Authority is also obligatory under the law.

• The Regulatory Authority shall have exclusive jurisdiction in respect of matters relating to disputes between the Government and registered institutions, the regulatory authority of the registered institutions, public sector universities and the registered institutions or any dispute pertaining to the staff or complaints of parents about fee structure, conditions of building of the institutions, staff employed and other related matters.

• Who-ever, whether an individual or a registered organization, contravenes any provision of these rules framed under the Ordinance shall, amount to an offense punishable as under:

   

  1. In case he runs as registered private university with a fine of Rupees Five Lacs.
  2. In case he runs a private college of science or technology with a fine of Rupees Three Lacs.
  3. In case he runs a private college other than that stated in (b) with a fine of Rupees Two Lacs

• No court other than a judicial Magistrate of the 1st Class shall take cognizance of any offence punishable under these rules framed under the ordinance except on a complaint in writing made by Regulatory Authority or a person authorized by Govt. in this behalf.

• Where the person guilty of an offence under these rules framed under the ordinance, is a company, a corporation or society or a trust, every director, partner and employee of the company, corporation society or trust as the case may be, shall unless he proves that the offence was committed without his knowledge or consent be guilty of the offence.

• Same as otherwise expressly provided in the ordinance every order passed or decision made by the authority on its behalf under this ordinance shall be final and shall not be called in question in any court or before any other authority.

• The Authority shall on issuance of show cause notice to a registered educational institution and giving its management an opportunity of being heard revoke any registration or may refuse renewal of registration on the expiry of existing registration certificate.

• Universities in, private sector, are not allowed to affiliate any college or institute in private sector up to 10 years of period from the date of their establishment.

• Universities in private sector are not allowed to establish constituent colleges for period up to 10 years from the date of their establishment.

•  31   In case of any transfer or change of management or premises of the institute or any circumstances of change in teaching staff, all private sector institutions/colleges registered with Higher Education Regulatory Authority (HERA) shall be required to obtain prior approval of the same, well in advance, from the Authority.

  1. The successor management shall be required to obtain No Objection Certificate from the Authority prior to entering into any transaction or purchase or any other sort of alienation or in case of any change in the management.      
  2. The successor management shall also be required to furnish all details of transaction and payment of transaction fee @ 15% of the registration fee besides other charges (i.e. Application Processing and Inspection Fee).    Violation of the regulation 31 (a) & (b) by any registered institute/college will automatically result in a fine @ 20% of the registration fee or withdrawal of registration.