President promulgates Higher Education (Amendment) Ordinance, 2021

ISLAMABAD, Mar 29 (APP):President Arif Alvi has promulgated the Higher Education (Amendment) Ordinance, 2021.

The latest ordinance which will come into force at once will further amend the Higher Education (Amendment) Ordinance, 2002.

Following is the text of the ordinance promulgated on March 26, 2021 by the President:
“An Ordinance to further amend the Higher Education Commission Ordinance, 2002.
Whereas it is expedient further to amend the Higher Education Commission Ordinance, 2002 (Ordinance NO LIII 2002);
And whereas, the Senate and the National Assembly are not in session and the President of the Islamic Republic of Pakistan is satisfied that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in exercise of the power conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic Pakistan, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance: –
Short title and commencement. (1) This Ordinance shall be called the Higher Education Commission (Amendment) Ordinance, 2021. It shall come into force at once.
Amendment of section 6, Ordinance No. LIII of 2002.
In the Higher Education Commission Ordinance, 2002 (Ordinance NO. LIII of 2002), hereinafter called as the said Ordinance, in section 6, for sub section (5), the following shall be substituted: –
“(5) The Chairperson shall hold office for a period of two years and members shall hold office for a period of four years. In no case the Chairperson and members shall be eligible for re-appointment for more than one similar term.”
(b) After sub-section (5) amended as aforesaid, the following sub section shall be inserted, namely: –
“(5A) Notwithstanding anything in any order, notification, contract, agreement or any instrument containing the duration and terms of the service, a Chairperson or a member, who, on or after commencement of this Ordinance 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 the Higher Education Commission (Amendment) Ordinance, 2021 coming into force.
3. Amendment of section 11, (Ordinance No. LIII of 2002): – In the said Act, in section 11, for sub section (1), the following shall be substituted, namely: –
“(1) The Government shall appoint an Executive Director on the recommendation 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 term of four years and shall be responsible for the various activities of the Commission.”