Tutoring Agreement (Pakistan)

A Tutoring Agreement in Pakistan defines what each party must do under the deal and the consequences of failing to perform.

Private tutoring is a substantial economic activity in Pakistan, driven by competition in matriculation examinations conducted by the Board of Intermediate and Secondary Education (BISE), entry tests for universities administered by the National Testing Service Pakistan (NTS), the University of Health Sciences (UHS), the Engineering Universities Admission Committee (EUAC), and professional certifications from bodies such as the Institute of Chartered Accountants of Pakistan (ICAP) and the Institute of Cost and Management Accountants of Pakistan (ICMAP). The Tutoring Agreement gives both parties — tutor and student — legally enforceable rights and obligations in respect of this relationship.

Without a written Tutoring Agreement, disputes over non-payment of tuition fees, abrupt cancellation, or disagreements about the scope of instruction may be difficult to resolve. Under Section 2(b) of the Contract Act 1872, when the person to whom the proposal is made signifies assent thereto, the proposal is accepted and becomes a promise — but proving the specific terms of an oral promise is difficult in any dispute before a Civil Court or District Court in Pakistan. The Tutoring Agreement provides clear written evidence of what was agreed.

The Contract Act 1872 requires that parties to a contract must be competent under Section 11 — meaning they must have attained the majority age of 18 years (as defined by the Majority Act 1875), be of sound mind, and not be disqualified from contracting by any law. Where the student is a minor, the parent or guardian contracts on the minor's behalf and assumes personal liability for payment of fees. This is an important protection for tutors, who otherwise cannot enforce a contract against a minor student directly.

A Tutoring Agreement in Pakistan may also engage the provisions of the Punjab Private Educational Institutions (Promotion and Regulation) Ordinance 1984, the Sindh Private Educational Institutions (Regulation and Control) Ordinance 2001, or equivalent provincial legislation where the tutor operates a registered tutoring centre rather than providing individual home-based tuition. Tutors operating registered centres are subject to regulatory oversight by provincial education departments. Individual private tutors providing home tuition are generally not subject to registration requirements but remain bound by general contract law under the Contract Act 1872 and income tax obligations to the Federal Board of Revenue (FBR) under the Income Tax Ordinance 2001.

The Tutoring Agreement is distinct from an employment contract (governed by the Industrial and Commercial Employment (Standing Orders) Ordinance 1968 and the Employees Old-Age Benefits Act 1976), from a coaching centre franchise agreement, and from a university lecturer appointment. Private tutors are typically independent contractors, not employees, and the Tutoring Agreement should reflect that status to avoid the employer's obligations under labour law including registration with the Employees Old-Age Benefits Institution (EOBI) and Social Security institutions.

A Tutoring Agreement in Pakistan is needed whenever a tutor and student (or parent/guardian) enter into a private tuition arrangement for which money is paid, regardless of whether the arrangement is for school subjects, university entrance preparation, professional examination coaching, or language tuition.

A Tutoring Agreement is required when a tutor is engaged to prepare a student for matriculation (Class X) or intermediate (Class XII) examinations conducted by a provincial Board of Intermediate and Secondary Education (BISE) — including BISE Lahore, BISE Karachi, BISE Rawalpindi, and equivalent boards in other cities. These examinations are highly competitive, and parents routinely engage private tutors in subjects such as Mathematics, Physics, Chemistry, Biology, and English. A written agreement protects the tutor's fee entitlement if the student stops attending without notice.

A Tutoring Agreement is needed when a tutor is hired to prepare a student for university admission tests — including the NTS GAT, MDCAT for medical university entry, ECAT for engineering universities, and the Law Admission Test (LAT) administered by the Pakistan Bar Council. These coaching arrangements typically run for three to six months and involve significant fees; a written agreement is essential for both parties.

A Tutoring Agreement is required when language tuition is provided — for example, English language coaching for IELTS or TOEFL preparation, or Urdu coaching for foreign nationals in Pakistan. Language tutors frequently work independently and invoice clients; the Tutoring Agreement documents the rate per session, the number of sessions agreed, and the consequences of cancellation.

A Tutoring Agreement is needed when a professional examination coaching arrangement is made between an ICAP-qualified chartered accountant and CA Foundation or CA Intermediate students, or between a senior ICMAP member and CMA candidates. These coaching arrangements carry significant fees and a written contract avoids disputes about what was included in the coaching package.

A Tutoring Agreement is required when a tutoring centre formalises individual student enrolments. Provincial regulators — including the Private Educational Institutions Regulatory Authority (PEIRA) in Punjab and equivalent bodies in Sindh and KPK — may require centres to maintain student enrolment records. A signed Tutoring Agreement serves as the enrolment document and fee receipt basis.

A legally sound Tutoring Agreement in Pakistan under the Contract Act 1872 must include the following essential elements to be enforceable before civil courts and to protect both tutor and student.

Party Identification: Full legal names, CNIC numbers issued by NADRA, and contact addresses of both tutor and student (or parent/guardian). Where the student is a minor, the agreement must clearly identify the parent or guardian as the contracting party with personal liability for all fees. The tutor's qualifications — degree from a recognised university, professional membership of ICAP or ICMAP, or teaching experience — should be stated to demonstrate value for money.

Subject Matter and Scope: The subjects, topics, or skills to be taught must be precisely defined — for example, "O-Level Mathematics and Physics" or "CA Foundation: Business Law and Financial Accounting" or "IELTS preparation (all four modules)". Ambiguity about scope is the most common cause of disputes. The Tutoring Agreement should state the educational level, the examining body (BISE, NTS, British Council, ICAP), and any specific syllabus reference.

Schedule and Duration: The agreed days of the week, time, duration per session, and total number of sessions or weeks must be stated. The agreement should specify whether sessions are to be held at the tutor's premises, the student's home, or online via a digital platform. Where sessions are at a fixed location, the address must be stated. The commencement date and expected end date or number of sessions should be included.

Fees and Payment Terms: The tuition fee must be clearly stated — either per session, per month, or as a lump sum for the agreed course. The payment method (bank transfer to an account at a scheduled bank regulated by the State Bank of Pakistan, cash, or Easypaisa/JazzCash mobile money) and due date (e.g., payable in advance on the first of each month) must be specified. Any additional charges — for study materials, photocopies, or mock examinations — must be disclosed upfront.

Cancellation and Rescheduling Policy: The agreement must state the notice period required for cancellation by either party — typically 14 to 30 days' written notice. It should specify whether missed sessions are refundable, reschedulable, or forfeited. Under Section 73 of the Contract Act 1872, the party who suffers loss from a breach is entitled to receive compensation from the party who has broken the contract — a clear cancellation clause limits the scope of such claims.

Confidentiality and Non-Solicitation: Where the tutor develops proprietary study materials — notes, question banks, model papers — the Tutoring Agreement should state that these remain the tutor's intellectual property under the Copyright Ordinance 1962. Where the tutor works for a tutoring centre, a non-solicitation clause preventing the tutor from directly approaching students for private tuition outside the centre arrangement is common and enforceable under Section 27 of the Contract Act 1872 if reasonably limited in time and geography.

Dispute Resolution: The agreement should specify whether disputes will be resolved by negotiation, mediation, or civil litigation before the Civil Court of the city where the tuition is provided. The governing law clause should state that the agreement is governed by the Contract Act 1872 and the laws of Pakistan.

Forms-legal.com provides this Tutoring Agreement (Pakistan) template as a practical foundation for private tuition arrangements. Both parties should retain a signed copy. Tutors providing significant coaching programmes may wish to seek advice from an advocate enrolled at a provincial bar council — Lahore Bar, Sindh Bar, Islamabad Bar, Peshawar Bar, or Quetta Bar — before entering into large-value tuition arrangements.