[1]THE
PUNJAB BOARDS OF INTERMEDIATE AND SECONDARY EDUCATION ACT, 1976
(Act XIII of 1976)
[21 July 1976 ]
An Act to reconstitute and establish
Boards of
Intermediate and Secondary Education
in the Punjab
Preamble.– WHEREAS it is expedient to
reconstitute and establish Boards of Intermediate and Secondary Education in
the Punjab and to amend and consolidate the
law relating thereto;
It is hereby enacted as follows:-
1. Short
title and commencement.–
(1) This Act may be called the Punjab Boards of Intermediate and Secondary
Education Act, 1976.
(2) It
shall come into force on such date as may be notified by Government in the
official Gazette.
2. Definitions.– In this Act, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them that is to say–
(a) “Board”
means a Board of Intermediate and Secondary Education constituted or
reconstituted under section 3;
(b) “chairman”
means the chairman of a Board;
(c) “college”
means an institution within the jurisdiction of a Board and recognised by it
for intermediate education, and includes a college having intermediate and
degree classes and affiliated to the University for the degree classes;
(d) “committee”
means a committee constituted under this Act;
(e) “Controller
of Examinations” means the Controller of Examinations of a Board;
(f) “Controlling
Authority” means the Controlling Authority specified in section 11;
(g) “Government”
means the Government of the Punjab ;
(h) “head
of an institution” means the principal of a college or the headmaster or
headmistress of a school;
(i) “institution”
means a college or school;
(j) “intermediate college” means an institution
recognised for imparting instructions to Class XI and Class XII and includes an
institution having classes for Intermediate and Secondary Education;
(k) “intermediate
education” means education pertaining to Class XI and Class XII;
(l) “member”
means a member of a Board;
(m) “prescribed”
means prescribed by regulations or rules;
(n) “principal”
means the head of a college;
(o) “recognised”
means recognised by a Board;
(p) “regulations”
and “rules” means respectively the regulations and rules made or deemed to have
been made under this Act;
(q) “school”
means an institution within the jurisdiction of a Board and recognised by it
only for secondary education;
(r) “Secondary
education” means education pertaining to Class IX and Class X and such other
classes as may be declared by Government to be classes of secondary education;
(s) “Secretary”
means the Secretary of Board; and
(t) “University”
means the University having jurisdiction within an area in which a Board
functions under section 4.
3. Constitution
and reconstitution of the Boards.– (1) Government may establish one or more Boards in respect
of such institutions or such areas as it may deem necessary:
Provided that Boards of Intermediate
and Secondary Education, Bahawalpur, Gujranwala and Rawalpindi
shall be constituted: and
Provided further that as soon as may
be, the Board of Intermediate and Secondary Education, Lahore, reconstituted
under the West Pakistan (Boards of Intermediate and Secondary Education,
Lahore) Ordinance, 1961 (Ordinance No. XVIII of 1961) and the Boards of
Intermediate and Secondary Education (Multan and Sargodha) constituted in
accordance with the provisions of the West Pakistan Boards of Intermediate and
Secondary Education (Multan and Sargodha) Ordinance 1968 (Ordinance No. VII of
1968) shall be reconstituted by the Government.
(2) A
Board shall be a body corporate and shall have perpetual succession and a
common seal with power to acquire, hold and transfer property and may sue or be
sued by its corporate name.
4. Jurisdiction
of the Boards.–
A Board shall exercise its powers in respect of such institutions and within
such area as may be determined by the Government from time to time.
5. Constitution
of a Board.–
(1) A Board shall consist of the following members, namely:-
(i) the
Chairman;
(ii) the
Vice-Chancellor of the University, or a University professor nominated by him;
[2][(iii) all [3][Executive District Officers
(Education)] related to the area within the jurisdiction of a Board;]
(iv) the Director of Technical
Education, Punjab, Lahore , or his nominee;
[4][(v) one representative each of
the Finance and Education Departments not below the rank of a Deputy
Secretary];
(vi) one Principal of a Degree
College situated within the jurisdiction of the Board to be
nominated by the Controlling Authority;
(vii) one
[5][female] Principal of an Intermediate College situated within the jurisdiction of
the Board to be nominated by the Controlling Authority;
(viii) two
headmasters and one headmistress of schools situated within the jurisdiction of
the Board to be nominated by the Controlling Authority; and
(ix) two
persons [6][including at least one woman]
nominated by the Controlling Authority [7][from amongst scholars and retired
educationist].
(2) The
names of the nominated members shall be notified in the official Gazette.
(3) The
term of office of members, other than ex-officio
members, shall be three years.
(4) No
member appointed by virtue of his office shall continue to be a member if he
ceases to hold that office.
(5) When
a person ceases to be a member of a Board, he shall cease to be a member of any
committee of which he may be a member.
6. Resignation
of member.–
A member may resign his membership by a letter addressed to the chairman.
7. Removal
of a member.–
(1) A member shall be liable to be removed by the Controlling Authority if he,–
(i) becomes
of unsound mind;
(ii) is
declared insolvent by a competent court; or
(iii) is
convicted by a criminal court of an offence involving moral turpitude;
(2) The
decision of the Controlling Authority removing a member from his office under
sub-section (1) shall be final and shall not be questioned by or before any
court or other authority.
[9][Provided that
no decision under sub-section (1) shall be made unless the member to be
affected thereby is afforded an opportunity of being heard.]
8. Casual
vacancies.–
(1) Whenever there occurs a vacancy in the membership of a Board due to death,
resignation or removal it shall be filled in accordance with the provisions of
this Act.
(2) The
person who fills the vacancy referred to in sub-section (1) shall be a member
for the full term of three years.
9. Meetings
of the Board.–
(1) The Chairman may, whenever he considers necessary, and shall, on a
requisition from at least [10][seven] members, call a meeting of
the Board.
10. Powers of a Board.– (1) Subject to the provisions of
this Act a Board shall have power to organise, regulate, develop and control
Intermediate Education and Secondary Education.
(2) In
particular and without prejudice to the generality of the powers conferred by
the preceding sub-section, a Board shall have the power:-
(i) to
hold and conduct all examinations pertaining to Intermediate Education,
Secondary Education, Pakistani and classical languages and such other
examinations as may be determined by Government;
(ii) to
prescribe courses of study for its examinations;
(iii) to
lay down conditions for recognition of institutions;
(iv) to
accord, refuse or withdraw recognition, wholly or partly:-
(a) in
the case of schools maintained by the Government of Pakistan, after considering
inspection reports from the Officer on Special Duty, Ministry of Education, Government
of Pakistan or any other authority appointed for the purpose by the said
Ministry;
(b) in
the case of other schools, after considering inspection reports from the [12][Executive District Officer
(Education)] concerned; and
(c) in
the case of intermediate colleges and institutions preparing candidates for
languages examinations, after considering reports from an Inspection Committee
appointed by a Board in this behalf;
(v) to
inspect and arrange for inspection of recognised institutions and call for
inspection reports in respect of such institutions, other than the institutions
run by the Government of Pakistan;
(vi) to
lay down conditions for admission to its examinations, to determine the
eligibility of candidates and to admit them to such examinations;
(vii) to grant certificates and diplomas to persons
who have passed its examinations and to withdraw such certificates and
diplomas;
(viii) to
fix, demand and receive such fees as may be prescribed;
(ix) to
supervise the residence, health and discipline of the students of recognised
institutions with a view to promoting their general welfare;
(x) to
institute and award scholarships, medals and prizes in the prescribed manner;
(xi) to
organise and promote extra-mural activities in and for recognised institutions;
(xii) to
hold, control and administer its property and fund;
(xiii) to
enter into and carry out contract in exercise of its powers and in the
performance of its duties under this Act and the regulations;
(xiv) to
pass its annual budget;
(xv) to transfer any movable and immovable property
belonging to it;
(xvi) to
hold and manage endowments;
(xvii) to regulate and decide all administrative
matters including the creation and abolition of posts under the Board [13][except matters
relating to the appointment, suspension and removal and matters relating to the
conditions of service of the officers of the Board]:
Provided
that a post carrying an initial pay of [14][equal to Basic Scale 17] or more,
per mensem, shall not be created without the prior approval of the Controlling
Authority.
(xviii) to
appoint such [15][*] staff as it may consider
necessary for the performance of its functions and define their duties and
conditions of service;
(xix) to make provision for buildings, premises,
furniture, apparatus, books and other means required for carrying out the
purposes of this Act;
(xx) to
sanction or incur such expenditure as may be necessary for carrying out the
purposes of this Act; and
(xxi) to
do all other acts necessary for carrying out the purposes of this Act.
(3) A
Board may delegate any of its powers to its chairman or any officer of the
Board or to a committee or sub-committee appointed by it, as it may deem fit.
[16][(4) Except where the Controlling
Authority directs otherwise, a Board shall not make any rules or allow any
concession, benefit, privilege or allowance to any person which is not in
conformity with the rules enforced by the Government on similar matters.]
12. Powers of the Controlling
Authority.– [18][(1) The
Controlling Authority shall have the power to inspect and cause an inspection
to be made, by such person or persons as it may direct, of the Offices,
activities and funds of and the conduct of examinations by a Board, and to
cause an enquiry to be made in respect of any matter concerning a Board, or the
discharge of functions by the members, officers and employees of the Board.]
[19][(1-A) The Controlling Authority may at any time suspend a member, an
officer or an employee of the Board.]
(2) The
Controlling Authority [20][may] communicate to a Board the
result of such inspection or enquiry and may advise a Board to take such action
and within such period as may be specified.
(3) The Board shall report to the
Controlling Authority the action [21][* * *] taken
on such communication.
(4) Where a Board does not within a [22][specified]
time, take action to the satisfaction of the Controlling Authority, the
Controlling Authority may, after considering any explanation made by a Board,
issue such directions as it thinks fit, and the chairman shall comply with such
directions.
(5) If
the Controlling Authority is satisfied that any proceeding of a Board or a
committee is not in conformity with the provisions of this Act [23][or Regulations or Rules framed
thereunder or in public interest], the Controlling Authority may, without
prejudice to the foregoing provisions of this section, by order in writing,
annul such proceeding:
Provided that before making any such
order, the Controlling Authority shall, through the Chairman, call upon the
Board or the committee, as the case may be, to show cause why such an order
should not be made.
(6) The
Controlling Authority may, from time to time, direct a Board to conduct its
affairs and to perform its functions in such manner as may be specified.
(7) The
Controlling Authority may require a Board to furnish it with:-
(i) any
return, statement, estimate, statistics or other information regarding any
matter under the control of the Board, or
(ii) a
report on any such matter; or
(iii) a
copy of any document in the charge of the Board;
and
the chairman shall comply with every such requisition.
(8) Notwithstanding
anything to the contrary contained in this Act, the Controlling Authority may:-
(i) place
the services of any of the officers or other employees of any Board at the
disposal of the Government or any other Board or institution for such period
and on such terms and conditions as may be determined by him; provided that
such terms and conditions shall not be less favourable than those admissible to
him immediately before his transfer;
(ii) make
appointment to any post in the Board in any capacity from persons in the
service of Pakistan
(iii) make
regulations concerning efficiency and discipline of officers and other
employees of the Board.
Provided that no such employee shall
be removed from service without being given an opportunity of being heard:
Provided
further that where the Controlling Authority has initiated any such proceedings
against any such employee, no other person including the Board shall have power
to initiate any proceedings or take any steps in the matter.]
13. Officers of the Board.– The following
shall be the officers of a Board:-
(i) the
Chairman;
(ii) the
Secretary;
(iii) the
Controller of Examination; and
[26][14. Officers of the Board.– (1) The officers of the Board shall
be whole time officers and shall be appointed by the Controlling Authority on
such terms and conditions as may be determined by the Controlling Authority.]
[27][(2) The
Officers of the Board shall hold office during the pleasure of the Controlling
Authority.]]
[28][(3) Notwithstanding
anything contained in sub-section (2), a civil servant, if appointed on
deputation as an Officer of the Board, shall cease to hold office in the Board
on the date of his retirement from civil service.]
[29][15. Chairman.– (1) The
Chairman shall be the principal executive and academic officer of the Board and
shall, when present, preside at the meeting of–
(i) the
Board; and
(ii) the
Committees of the Board constituted under section 18.
(2) It
shall be the duty of the Chairman to ensure that the provisions of this Act and
the regulations and rules and directions of the Controlling Authority are
faithfully observed and carried out, and he shall exercise all powers necessary
for this purpose.
(3) If at any time the office of the
Chairman is vacant, temporarily or otherwise, by reason of leave, illness or
other cause for a period not exceeding one year, the Controlling Authority
shall make such arrangements for carrying on the duties of the office of the
Chairman as it may think fit.
(4) Subject
to clause (xvii) of subsection (2) of
section 10 of this Act, the Chairman may, in case of urgency, create a
temporary post in the Board and may appoint a person against that post for a
period not exceeding six months:
Provided that every appointment so
made shall be reported within sixty days of such appointment to the Board for
confirmation.
(5) In any emergency arising out of the
administrative business of the Board and requiring in the opinion of the
Chairman, immediate action, the Chairman may take such action as he may deem
necessary and shall report the action taken to the Board at its next meeting
for approval but not later than sixty days.
(6) The
Chairman shall exercise such other powers as may be prescribed by regulations.]
16. Other officers.– Subject to the provisions of this
Act the powers and duties of other officers of a Board shall be such as may be
determined by the [30][Controlling Authority].
17. Retirement from service.– An officer or other employee of a
Board shall retire from service:-
(i) on
such date after he has completed [31][ten] years of service qualifying
for pension or other retirement benefits as the competent authority [32][or Controlling Authority] may, in
the public interest, direct or; and
[33][(ii) where no direction is
given under clause (i), on the
completion of the sixtieth year of his age:
Provided that no order under clause
(i) shall be made in respect of an
officer or an employee of a Board unless the competent authority or the
Controlling Authority, as the case may be, has informed him in writing of the
grounds on which it is proposed to be made and has given him an opportunity of
showing cause against it.]
Explanation– In this section “competent
authority” means the appointing authority or a person duly authorised by the
appointing authority in that behalf, not being a person lower in rank to the
officer, teacher or other employee concerned.
18. Committees of Board.– (1) The Board shall have a Joint
Academic Committee which shall serve all the Boards constituted or
re-constituted under this Act.
(2) A
Board shall have the following committees, namely:-
(i) the
Finance Committee;
(ii) the
Appointments Committee;
(iii) Committee
for appointment of paper-setters and head-examiners; and
(iv) Committee
of courses.
(3) In
addition to the committees mentioned in sub-section (2) of this section, a
Board may appoint such committees or sub-committees as it may deem necessary.
(4) A
committee may appoint such sub-committees as it may consider necessary.
19. Constitution, functions and duties of
committees.–
The constitution, functions and duties of committees shall be such as may be
prescribed by regulations.
20. Power of a Board to make
regulations.– (1) A Board may, subject to the approval of the
Government, frame regulations, not inconsistent with the provisions of this
Act, to carry out the purposes of this Act; provided that–
(i) a
Board shall not propose draft of regulations effecting the constitution or
power of any authority of the Board until such authority has been given an
opportunity of expressing an opinion in writing upon the proposals;
(ii) the
draft of regulations shall be forwarded to the Controlling Authority and shall
not be effective until it has been approved by the Controlling Authority; and
[34][(iii) A Board shall not have
the power to make any regulation or adopt any rules or regulations concerning
efficiency and discipline of the officers/officials and other employees which
is not in conformity with rules made by the Government.]
(2) In
particular and without prejudice to the generality of the foregoing powers,
such regulations may provide for:-
(a) the
terms and conditions of service of the employees of a Board, including matters
relating to grant of leave to, and retirement of such employees;
(b) the
constitution of pension or provident fund or both for the benefit of the
officers and other employees of a Board;
(c) the
admission of institutions to the privilege of recognition and the withdrawal of
recognition;
[35][Explanation–
The terms and conditions should be in conformity with rules applicable to
Government servants carrying equivalent pay scales and other benefits.]
(d) a
general scheme of studies, including the total number of subjects to be taught
and the duration of courses; and
(e) all
other matters required under any of the provisions of this Act to be prescribed
by regulations.
21. Power of a Board to make rules.– A Board may make rules consistent
with this Act and the regulations to provide for:-
(i) the
inspection of institutions and the reports, returns and other information to be
furnished by them;
(ii) the conditions of admission of candidates to
the examinations held by it and their eligibility for diplomas, certificates
and titles;
(iii) the
manner and the form in which accounts of a Board shall be maintained; and
(iv) such
other matters as may be required under the regulations to be provided in the
rules.
22. Fund.– A Board shall
have a fund to which shall be credited all its income, including income from
fees, endowments, grants and contributions.
23. Accounts and audit.– (1) The
accounts of a Board shall be maintained in such form and in such manner as may be
prescribed by rules.
(2) The
accounts of the Board shall be audited in such manner as may be prescribed by
regulations.
(3) A
Board shall, as soon as possible after the end of every financial year, submit
to Government, the annual statement of the accounts of the Board duly audited
together with the report of the auditor.
24. Provident fund or pension.– (1) A Board shall establish for the
benefit of its employees such pension or provident fund or both as it may deem
fit in such manner and subject to such conditions as may be prescribed by
regulations.
(2) Government
may, by notification in the official Gazette, declare that the provisions of
the Provident Fund Act, 1925(Act XI of 1925), shall apply to a provident fund
established by a Board and on the making of such declaration that Act shall
apply as if such Board were Government and the said fund were the Government
provident fund.
25. Submission of yearly reports and returns.– A Board shall submit to the
Controlling Authority, as soon as possible after the end of every financial
year but not later than the 30th September, a report on the conduct of its
affairs for that year.
26. Members of the Board
prohibited from deriving monetary gains.– (1) No member
shall draw any fee or other remuneration in any capacity whatever from the
funds of the Board or enter into any contract with the Board directly or
through any other person in connection with the affairs of the Board:
Provided
that the emoluments of the Chairman shall be paid from the funds of the Board
in accordance with the terms and conditions of his appointment.
(2) Nothing
in this section shall be deemed to prohibit a member of a committee from
receiving from the Board, remuneration in lump sum for wriging, compiling or
editing a book intended to be prescribed for an examination of the Board.
27. Bar against membership.– No person who
has any financial interest in any book prescribed by a Board as a course of
study for any examination conducted by such Board or has a financial interest
as a partner or otherwise in any firm which publishes, procures or supplies any
such book, shall be eligible to become a member of such Board, or a committee
thereof or continue as such after having acquired any such interest.
28. Validations.– No act or
proceedings of a Board or any Committee shall be invalid merely by reason of
the existence of a vacancy on the Board of the committee as the case may be, or
by reason of any irregularity in the appointment of any member of the Board or
the committee.
29. Bar of suit.– No act done, order made or
proceeding taken by a Board in pursuance of the provisions of this Act shall be
called in question in any court.
30. Members and employees of Boards deemed to be
public servants.–
Members of a Board and its committees [36][the officers of the Board], the
employees of a Board and other persons appointed for carrying out the purposes
of this Act, shall be deemed to be public servants within the meaning of
section 21 of the Pakistan Penal Code (Act XLV of 1860).
31. Protection of acts and order under the Act.– No suit for damages or other legal
proceedings shall be instituted against Government, the Controlling Authority,
a Board, a committee, a member or a committee or an officer or employee of a
Board in respect of anything done or purported to have been done in good faith
in pursuance of the provisions of this Act and the regulations and rules made
thereunder.
32. First Regulations.–
Notwithstanding anything to the contrary contained in this Act, the regulations
set out in the Schedule shall be deemed to be the First Regulations framed by
the Board under section 20 of this Act.
33. Transitional provisions.– (1) Till such time as the
constitution of a Board under section 5 is completed, the Chairman and the ex-officio members, shall exercise all
the powers and perform all the duties of a Board and its committees.
(2) A
Board shall exercise all powers and perform all duties of the committees of a
Board till such time as the committees are constituted.
(3) If
any difficulty arises in giving effect to the provisions of this Act, the
Controlling Authority may take such action to remove the difficulty as, in the
circumstances of the case, it may deem necessary.
34. Savings.– Notwithstanding anything to the
contrary contained in this Act, everything done, action taken, jurisdiction or
power conferred, recognition granted and order issued under any of the
provisions of the West Pakistan (Board of Intermediate and Secondary Education,
Lahore) Ordinance 1961 (West Pakistan Ordinance No. XVII of 1961)/West Pakistan
Boards of Intermediate and Secondary Education (Multan and Sargodha) Ordinance,
1968 (West Pakistan Ordinance No. VII of
1968), as the case may be, and the regulations and rules made thereunder,
shall, if not inconsistent with the provisions of this Act and the regulations
and rules made thereunder, be continued and, so far as may be, be deemed to
have respectively been done, taken, conferred, granted and issued under this
Act and the regulations and rules made thereunder.
35. Repeal and savings.– The following
enactments are hereby repealed:-
(a) the
West Pakistan (Board of Intermediate and Secondary Education, Lahore )
Ordinance, 1961; and
(b) the
West Pakistan Board of Intermediate and Secondary Education (Multan and Sargodha ) Ordinance, 1968.
Schedule
The First
Regulations of the Board
(See Section 32)
1. Powers
and duties of the Chairman.– The Chairman shall exercise control over the office of the
Board as its principal executive and academic officer and shall do all acts to
ensure that the officers and the staff properly perform the duties entrusted to
them. In particular he shall:-
[37][(i) write confidential reports
on the work of officers and employees of the rank of Superintendent and above;
(ii) appointment
of supervisory, evaluative and other academic staff or Committees, concerned
with the conduct of examinations.]
2. Powers
and duties of the Secretary.– (1) The Secretary shall, subject to the control of the
Chairman, be incharge of the academic and administrative sector of a Board’s
office and cause the orders and decisions of a Board and the Chairman to be
carried out.
(2) The
Secretary shall take all possible steps to ensure that the funds of a Board are
spent on the purpose for which they are provided.
(3) The
Secretary shall cause to be prepared and submit to a Board for approval the
annual statement of accounts and budget estimates.
(4) All
meetings of a Board and the committees shall be convened by the Secretary under
the direction of the Chairman. While preparing the agenda for a meeting of a
Board or a committee, the Secretary shall carry out the directions of the
Chairman given in this respect and no item shall be placed on such agenda or be
considered in the meeting without the previous permission of the Chairman.
(5) The
Secretary shall record the minutes and maintain the records of the proceedings
of a Board and the committees.
(6) The
Secretary shall conduct the official correspondence of the Board under the
authority of the Chairman except the correspondence relating to the conduct of
examinations.
(7) All
fees and dues payable to the Board, and all sums received by the Secretary,
shall be credited without delay to the account of the Board in a Government
treasury or a bank approved by the Board.
(8) The
Secretary shall issue to successful candidates on behalf of the Board in the
prescribed form certificates of having passed the examinations held by the
Board.
(9) The
Secretary shall perform such other duties as may be assigned to him by the
Chairman.
(10) Notwithstanding anything to the contrary
contained in these Regulations, the Board may assign to any other officer or
officers such duties of the Secretary as it may deem necessary.
3. Duties
and powers of the Controller of Examinations.– The Controller of Examinations
shall, subject to the control of the Chairman, be incharge of the examination
sector of the Board, and shall–
(i) make arrangements for the conduct of all
examinations of the Board;
(ii) conduct
official correspondence of the Board relating to the Examinations; and
(iii) perform
such other duties as may be assigned to him by the Chairman from time to time.
5. Appointments Committee.– (1) The Appointments Committee
shall consist of–
(i) the
Chairman of the Board;
(ii) the
Vice-Chancellor of the University or his nominee;
(iii) [39][one [40][Executive District Officer
(Education)] by rotation from amongst [41][Executive District Officers
(Education)]]; and
(iv) two
nominees of the Controlling Authority.
[42][(2) The
appointments Committee shall recommend the appointment confirmation and scale
of officers and employees of the Board in BS-16 and above.]
(3) The
members of the Appointment Committee other than the ex-officio members, shall hold office for two years.
(4) The
quorum for a meeting of the Appointments Committee shall be three.
6. Constitution
and functions of the Finance Committee.– (1) The Finance Committee shall consist of–
(i) the
Chairman of the Board;
[43][(ii) one [44][Executive District Officer (Education)]
by rotation from amongst [45][Executive District Officers
(Education)];
(iii) the
representative of the Finance Department, Government of the Punjab ;
and
(iv) two
nominees of the Controlling Authority.
(2) The
functions of the Finance Committee shall be–
(i) to examine the annual
budget and advise the Board thereon; and
(ii) to review the financial position of the Board
periodically and make recommendations to the Board for improving its finances.
(3) The
members of the Finance Committee, other than ex-officio members, shall hold office for two years.
(4) The quorum for the meetings of the
Finance Committee shall be three.
7. Constitution and functions of the
committee for appointment of paper setters and head examiners.– (1) There
shall be a committee for the appointment of paper setters and head examiners
which shall consist of:-
(i) the
Chairman of the Board;
(ii) the
Vice-Chancellor of the Punjab University or
his nominee who should be a professor in one of the Science subjects; and
(2) The
functions of the committee for the appointment of paper setters and head
examiners shall be to appoint paper setters and head examiners for all
examinations conducted by the Board, after considering the recommendations of
the Committee of Courses in this behalf; provided that where a Committee of
Courses does not make its recommendation within the time specified by the
committee for appointment of paper setters and head examiners the committee
will make these appointments without the recommendations of the Committee of
Courses.
8. Committee of Courses.– (1) There
shall be a Committee of Courses for each subject or a group of allied subjects
included in the courses of studies organised by the Board. Each committee shall
consist of the following namely:-
(i) two
teachers of the subject or subjects from among the teachers of Intermediate
colleges, nominated by the Academic Committee;
(ii) two
teachers of the subject or subjects from among the teachers of Secondary
schools nominated by the Academic Committee.
(iii) two
persons having experience of Intermediate education, or Secondary education,
nominated by the Board; and
(iv) one
expert in the subject or subjects nominated by the Chairman:
Provided
that if in any subject the required number of teachers is not available, the
Chairman may decide that the number of members of the Committee of Courses for
that subject may be less than seven or may permit the nomination of suitable
persons who are not teachers as members of a particular Committee of Courses.
(2) The
term of office of the members of the Committee of Courses shall be two years:
Provided that if a vacancy occurs in
the Committee during the course of two years the member appointed to fill the
vacancy shall hold office for the remaining term only.
(3) Each
Committee of Courses shall consider academic matters relating to the subject or
subjects with which it is concerned and shall recommend to the Academic
Committee the courses of study and text books to be prescribed as well as the
conditions to be fulfilled by the candidates for passing the relevant
examination in the subject or subjects.
(4) Each
Committee of Courses shall have a convenor who shall be nominated by the Board.
(5) The
quorum for a Committee of Courses shall be four.
9. Person
ceasing to be a member of a committee would cease to be a member of
sub-committee.–
Notwithstanding anything contained in these regulations, when a person ceases
to be a member of a committee, he shall cease to be a member of any
sub-committee of which he may be a member by virtue of his membership of that
committee.
10. Recognition of schools.– (1) The Board shall accord
recognition, to the secondary school examination, to such schools as are within
the jurisdiction of the Board, if it is satisfied, on the basis of the
inspection report received in the case of schools maintained by the Government
of Pakistan from the Officer on Special Duty, Ministry of Education, Government
of Pakistan, or any other authority appointed for the purpose by the said
Ministry and in the case of other schools, from the [47][Executive District Officer
(Education)] concerned that the conditions prescribed for recognition have been
satisfactorily fulfilled.
(2) If
the Board on the basis of a report received in the case of a school maintained
by the Government of Pakistan, from the Officer on Special Duty, Ministry of
Education, Government of Pakistan, or any other authority appointed for the
purpose by that Ministry, and in the case of any other school, from the [48][Executive District Officer
(Education)], is satisfied that the conditions of recognition have ceased to be
fulfilled by any school recognised by it, the Board may, after giving the
management of the school an opportunity of being heard, cancel the recognition.
(3) The
Board may if it considers necessary, arrange a special inspection of any school
by an Inspection Committee appointed by it.
11. Audit.– (1) The Board shall appoint
whole-time Audit Officer and Auditor for the purpose of auditing the accounts
and the bills to be paid from the funds of the Board. No expenditure shall be
made from the funds of the Board, unless the bill for its payment has been
audited by the Auditor in conformity with the regulations and rules.
(2) The
statement of accounts of the Board, signed by the Secretary and the Auditor,
shall be submitted to Government within six months of the closing of the
financial year.
(3) The
accounts of the Board shall be audited once a year, in conformity with the
regulations and rules, by Auditors appointed by Government for this purpose.
THE PUNJAB
BOARDS OF INTERMEDIATE AND SECONDARY EDUCATION ACT, 1976
(Act XIII of 1976)
C O N T E
N T S
Section Heading
1. Short
title and commencement.
2. Definitions.
3. Constitution
and reconstitution of the Boards.
4. Jurisdiction
of the Boards.
5. Constitution
of a Board.
6. Resignation
of member.
7. Removal
of a member.
8. Casual
vacancies.
9. Meetings
of the Board.
10. Powers
of a Board.
11. Controlling
Authority.
12. Powers
of the Controlling Authority.
13. Officers
of the Board.
14. Officers
of the Board.
15. Chairman.
16. Other
officers.
17. Retirement
from service.
18. Committees
of Board.
19. Constitution,
functions and duties of committees.
20. Power
of a Board to make regulations.
21. Power
of a Board to make rules.
22. Fund.
23. Accounts
and audit.
24. Provident
fund or pension.
25. Submission
of yearly reports and returns.
26. Members of the Board prohibited from
deriving monetary gains.
27. Bar
against membership.
28. Validations.
29. Bar
of suit.
30. Members
and employees of Boards deemed to be public servants.
31. Protection
of acts and order under the Act.
32. First
Regulations.
33. Transitional
provisions.
34. Savings.
35. Repeal
and savings.
Schedule
The First Regulations of the Board
(See Section 32)
1. Powers
and duties of the Chairman.
2. Powers
and duties of the Secretary.
3. Duties
and powers of the Controller of Examinations.
4. Constitution,
powers, functions etc. of the Joint Academic Committee.
5. Appointments
Committee.
6. Constitution
and functions of the Finance Committee.
7. Constitution
and functions of the committee for appointment of paper setters and head
examiners.
8. Committee
of courses.
9. Person
ceasing to be a member of a committee would cease to be a member of
sub-committee.
10. Recognition
of schools.
11. Audit
[49]THE
PUNJAB BOARDS OF INTERMEDIATE AND SECONDARY EDUCATION ACT, 1976
(Act XIII of 1976)
[21 July 1976 ]
An Act to reconstitute and establish
Boards of
Intermediate and Secondary Education
in the Punjab
and to amend and consolidate the law
relating thereto.
Preamble.– WHEREAS it is expedient to
reconstitute and establish Boards of Intermediate and Secondary Education in
the Punjab and to amend and consolidate the
law relating thereto;
It is hereby enacted as follows:-
1. Short
title and commencement.–
(1) This Act may be called the Punjab Boards of Intermediate and Secondary
Education Act, 1976.
(2) It
shall come into force on such date as may be notified by Government in the
official Gazette.
2. Definitions.– In this Act, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them that is to say–
(a) “Board”
means a Board of Intermediate and Secondary Education constituted or
reconstituted under section 3;
(b) “chairman”
means the chairman of a Board;
(c) “college”
means an institution within the jurisdiction of a Board and recognised by it
for intermediate education, and includes a college having intermediate and
degree classes and affiliated to the University for the degree classes;
(d) “committee”
means a committee constituted under this Act;
(e) “Controller
of Examinations” means the Controller of Examinations of a Board;
(f) “Controlling
Authority” means the Controlling Authority specified in section 11;
(g) “Government”
means the Government of the Punjab ;
(h) “head
of an institution” means the principal of a college or the headmaster or headmistress
of a school;
(i) “institution”
means a college or school;
(j) “intermediate college” means an institution
recognised for imparting instructions to Class XI and Class XII and includes an
institution having classes for Intermediate and Secondary Education;
(k) “intermediate
education” means education pertaining to Class XI and Class XII;
(l) “member”
means a member of a Board;
(m) “prescribed”
means prescribed by regulations or rules;
(n) “principal”
means the head of a college;
(o) “recognised”
means recognised by a Board;
(p) “regulations”
and “rules” means respectively the regulations and rules made or deemed to have
been made under this Act;
(q) “school”
means an institution within the jurisdiction of a Board and recognised by it
only for secondary education;
(r) “Secondary
education” means education pertaining to Class IX and Class X and such other
classes as may be declared by Government to be classes of secondary education;
(s) “Secretary”
means the Secretary of Board; and
(t) “University”
means the University having jurisdiction within an area in which a Board
functions under section 4.
3. Constitution
and reconstitution of the Boards.– (1) Government may establish one or more Boards in respect
of such institutions or such areas as it may deem necessary:
Provided that Boards of Intermediate
and Secondary Education, Bahawalpur, Gujranwala and Rawalpindi
shall be constituted: and
Provided further that as soon as may
be, the Board of Intermediate and Secondary Education, Lahore, reconstituted
under the West Pakistan (Boards of Intermediate and Secondary Education,
Lahore) Ordinance, 1961 (Ordinance No. XVIII of 1961) and the Boards of
Intermediate and Secondary Education (Multan and Sargodha) constituted in
accordance with the provisions of the West Pakistan Boards of Intermediate and
Secondary Education (Multan and Sargodha) Ordinance 1968 (Ordinance No. VII of
1968) shall be reconstituted by the Government.
(2) A
Board shall be a body corporate and shall have perpetual succession and a
common seal with power to acquire, hold and transfer property and may sue or be
sued by its corporate name.
4. Jurisdiction
of the Boards.–
A Board shall exercise its powers in respect of such institutions and within
such area as may be determined by the Government from time to time.
5. Constitution
of a Board.–
(1) A Board shall consist of the following members, namely:-
(i) the
Chairman;
(ii) the
Vice-Chancellor of the University, or a University professor nominated by him;
[50][(iii) all [51][Executive District Officers
(Education)] related to the area within the jurisdiction of a Board;]
(iv) the Director of Technical
Education, Punjab, Lahore , or his nominee;
[52][(v) one representative each of
the Finance and Education Departments not below the rank of a Deputy
Secretary];
(vi) one Principal of a Degree
College situated within the jurisdiction of the Board to be
nominated by the Controlling Authority;
(vii) one
[53][female] Principal of an Intermediate College situated within the jurisdiction of
the Board to be nominated by the Controlling Authority;
(viii) two
headmasters and one headmistress of schools situated within the jurisdiction of
the Board to be nominated by the Controlling Authority; and
(ix) two
persons [54][including at least one woman] nominated
by the Controlling Authority [55][from amongst scholars and retired
educationist].
(2) The
names of the nominated members shall be notified in the official Gazette.
(3) The
term of office of members, other than ex-officio
members, shall be three years.
(4) No
member appointed by virtue of his office shall continue to be a member if he
ceases to hold that office.
(5) When
a person ceases to be a member of a Board, he shall cease to be a member of any
committee of which he may be a member.
6. Resignation
of member.–
A member may resign his membership by a letter addressed to the chairman.
7. Removal
of a member.–
(1) A member shall be liable to be removed by the Controlling Authority if he,–
(i) becomes
of unsound mind;
(ii) is
declared insolvent by a competent court; or
(iii) is
convicted by a criminal court of an offence involving moral turpitude;
(2) The
decision of the Controlling Authority removing a member from his office under sub-section
(1) shall be final and shall not be questioned by or before any court or other
authority.
[57][Provided that
no decision under sub-section (1) shall be made unless the member to be
affected thereby is afforded an opportunity of being heard.]
8. Casual
vacancies.–
(1) Whenever there occurs a vacancy in the membership of a Board due to death,
resignation or removal it shall be filled in accordance with the provisions of
this Act.
(2) The
person who fills the vacancy referred to in sub-section (1) shall be a member
for the full term of three years.
9. Meetings
of the Board.–
(1) The Chairman may, whenever he considers necessary, and shall, on a
requisition from at least [58][seven] members, call a meeting of
the Board.
10. Powers of a Board.– (1) Subject to the provisions of
this Act a Board shall have power to organise, regulate, develop and control
Intermediate Education and Secondary Education.
(2) In
particular and without prejudice to the generality of the powers conferred by
the preceding sub-section, a Board shall have the power:-
(i) to
hold and conduct all examinations pertaining to Intermediate Education,
Secondary Education, Pakistani and classical languages and such other examinations
as may be determined by Government;
(ii) to
prescribe courses of study for its examinations;
(iii) to
lay down conditions for recognition of institutions;
(iv) to
accord, refuse or withdraw recognition, wholly or partly:-
(a) in
the case of schools maintained by the Government of Pakistan, after considering
inspection reports from the Officer on Special Duty, Ministry of Education,
Government of Pakistan or any other authority appointed for the purpose by the
said Ministry;
(b) in
the case of other schools, after considering inspection reports from the [60][Executive District Officer
(Education)] concerned; and
(c) in
the case of intermediate colleges and institutions preparing candidates for
languages examinations, after considering reports from an Inspection Committee
appointed by a Board in this behalf;
(v) to
inspect and arrange for inspection of recognised institutions and call for
inspection reports in respect of such institutions, other than the institutions
run by the Government of Pakistan;
(vi) to
lay down conditions for admission to its examinations, to determine the
eligibility of candidates and to admit them to such examinations;
(vii) to grant certificates and diplomas to persons
who have passed its examinations and to withdraw such certificates and
diplomas;
(viii) to
fix, demand and receive such fees as may be prescribed;
(ix) to
supervise the residence, health and discipline of the students of recognised
institutions with a view to promoting their general welfare;
(x) to
institute and award scholarships, medals and prizes in the prescribed manner;
(xi) to
organise and promote extra-mural activities in and for recognised institutions;
(xii) to
hold, control and administer its property and fund;
(xiii) to
enter into and carry out contract in exercise of its powers and in the
performance of its duties under this Act and the regulations;
(xiv) to
pass its annual budget;
(xv) to transfer any movable and immovable property
belonging to it;
(xvi) to
hold and manage endowments;
(xvii) to regulate and decide all administrative
matters including the creation and abolition of posts under the Board [61][except matters
relating to the appointment, suspension and removal and matters relating to the
conditions of service of the officers of the Board]:
Provided
that a post carrying an initial pay of [62][equal to Basic Scale 17] or more,
per mensem, shall not be created without the prior approval of the Controlling
Authority.
(xviii) to
appoint such [63][*] staff as it may consider
necessary for the performance of its functions and define their duties and
conditions of service;
(xix) to make provision for buildings, premises,
furniture, apparatus, books and other means required for carrying out the
purposes of this Act;
(xx) to
sanction or incur such expenditure as may be necessary for carrying out the
purposes of this Act; and
(xxi) to
do all other acts necessary for carrying out the purposes of this Act.
(3) A
Board may delegate any of its powers to its chairman or any officer of the
Board or to a committee or sub-committee appointed by it, as it may deem fit.
[64][(4) Except where the Controlling
Authority directs otherwise, a Board shall not make any rules or allow any
concession, benefit, privilege or allowance to any person which is not in conformity
with the rules enforced by the Government on similar matters.]
12. Powers of the Controlling
Authority.– [66][(1) The
Controlling Authority shall have the power to inspect and cause an inspection
to be made, by such person or persons as it may direct, of the Offices,
activities and funds of and the conduct of examinations by a Board, and to
cause an enquiry to be made in respect of any matter concerning a Board, or the
discharge of functions by the members, officers and employees of the Board.]
[67][(1-A) The Controlling Authority may at any time suspend a member, an
officer or an employee of the Board.]
(2) The
Controlling Authority [68][may] communicate to a Board the
result of such inspection or enquiry and may advise a Board to take such action
and within such period as may be specified.
(3) The Board shall report to the
Controlling Authority the action [69][* * *] taken
on such communication.
(4) Where a Board does not within a [70][specified]
time, take action to the satisfaction of the Controlling Authority, the
Controlling Authority may, after considering any explanation made by a Board,
issue such directions as it thinks fit, and the chairman shall comply with such
directions.
(5) If
the Controlling Authority is satisfied that any proceeding of a Board or a
committee is not in conformity with the provisions of this Act [71][or Regulations or Rules framed
thereunder or in public interest], the Controlling Authority may, without
prejudice to the foregoing provisions of this section, by order in writing,
annul such proceeding:
Provided that before making any such
order, the Controlling Authority shall, through the Chairman, call upon the
Board or the committee, as the case may be, to show cause why such an order
should not be made.
(6) The
Controlling Authority may, from time to time, direct a Board to conduct its
affairs and to perform its functions in such manner as may be specified.
(7) The
Controlling Authority may require a Board to furnish it with:-
(i) any
return, statement, estimate, statistics or other information regarding any
matter under the control of the Board, or
(ii) a
report on any such matter; or
(iii) a
copy of any document in the charge of the Board;
and
the chairman shall comply with every such requisition.
(8) Notwithstanding
anything to the contrary contained in this Act, the Controlling Authority may:-
(i) place
the services of any of the officers or other employees of any Board at the disposal
of the Government or any other Board or institution for such period and on such
terms and conditions as may be determined by him; provided that such terms and
conditions shall not be less favourable than those admissible to him
immediately before his transfer;
(ii) make
appointment to any post in the Board in any capacity from persons in the
service of Pakistan
(iii) make
regulations concerning efficiency and discipline of officers and other
employees of the Board.
Provided that no such employee shall
be removed from service without being given an opportunity of being heard:
Provided
further that where the Controlling Authority has initiated any such proceedings
against any such employee, no other person including the Board shall have power
to initiate any proceedings or take any steps in the matter.]
13. Officers of the Board.– The following
shall be the officers of a Board:-
(i) the
Chairman;
(ii) the
Secretary;
(iii) the
Controller of Examination; and
[74][14. Officers of the Board.– (1) The officers of the Board shall
be whole time officers and shall be appointed by the Controlling Authority on
such terms and conditions as may be determined by the Controlling Authority.]
[75][(2) The
Officers of the Board shall hold office during the pleasure of the Controlling
Authority.]]
[76][(3) Notwithstanding
anything contained in sub-section (2), a civil servant, if appointed on
deputation as an Officer of the Board, shall cease to hold office in the Board
on the date of his retirement from civil service.]
[77][15. Chairman.– (1) The
Chairman shall be the principal executive and academic officer of the Board and
shall, when present, preside at the meeting of–
(i) the
Board; and
(ii) the
Committees of the Board constituted under section 18.
(2) It
shall be the duty of the Chairman to ensure that the provisions of this Act and
the regulations and rules and directions of the Controlling Authority are
faithfully observed and carried out, and he shall exercise all powers necessary
for this purpose.
(3) If at any time the office of the
Chairman is vacant, temporarily or otherwise, by reason of leave, illness or
other cause for a period not exceeding one year, the Controlling Authority
shall make such arrangements for carrying on the duties of the office of the
Chairman as it may think fit.
(4) Subject
to clause (xvii) of subsection (2) of
section 10 of this Act, the Chairman may, in case of urgency, create a
temporary post in the Board and may appoint a person against that post for a
period not exceeding six months:
Provided that every appointment so
made shall be reported within sixty days of such appointment to the Board for
confirmation.
(5) In any emergency arising out of the
administrative business of the Board and requiring in the opinion of the
Chairman, immediate action, the Chairman may take such action as he may deem
necessary and shall report the action taken to the Board at its next meeting
for approval but not later than sixty days.
(6) The
Chairman shall exercise such other powers as may be prescribed by regulations.]
16. Other officers.– Subject to the provisions of this
Act the powers and duties of other officers of a Board shall be such as may be
determined by the [78][Controlling Authority].
17. Retirement from service.– An officer or other employee of a
Board shall retire from service:-
(i) on
such date after he has completed [79][ten] years of service qualifying
for pension or other retirement benefits as the competent authority [80][or Controlling Authority] may, in
the public interest, direct or; and
[81][(ii) where no direction is given
under clause (i), on the completion
of the sixtieth year of his age:
Provided that no order under clause
(i) shall be made in respect of an
officer or an employee of a Board unless the competent authority or the
Controlling Authority, as the case may be, has informed him in writing of the
grounds on which it is proposed to be made and has given him an opportunity of
showing cause against it.]
Explanation– In this section “competent
authority” means the appointing authority or a person duly authorised by the
appointing authority in that behalf, not being a person lower in rank to the
officer, teacher or other employee concerned.
18. Committees of Board.– (1) The Board shall have a Joint
Academic Committee which shall serve all the Boards constituted or re-constituted
under this Act.
(2) A
Board shall have the following committees, namely:-
(i) the
Finance Committee;
(ii) the
Appointments Committee;
(iii) Committee
for appointment of paper-setters and head-examiners; and
(iv) Committee
of courses.
(3) In
addition to the committees mentioned in sub-section (2) of this section, a
Board may appoint such committees or sub-committees as it may deem necessary.
(4) A
committee may appoint such sub-committees as it may consider necessary.
19. Constitution, functions and duties of
committees.–
The constitution, functions and duties of committees shall be such as may be
prescribed by regulations.
20. Power of a Board to make
regulations.– (1) A Board may, subject to the approval of the
Government, frame regulations, not inconsistent with the provisions of this
Act, to carry out the purposes of this Act; provided that–
(i) a
Board shall not propose draft of regulations effecting the constitution or
power of any authority of the Board until such authority has been given an
opportunity of expressing an opinion in writing upon the proposals;
(ii) the
draft of regulations shall be forwarded to the Controlling Authority and shall
not be effective until it has been approved by the Controlling Authority; and
[82][(iii) A Board shall not have
the power to make any regulation or adopt any rules or regulations concerning
efficiency and discipline of the officers/officials and other employees which
is not in conformity with rules made by the Government.]
(2) In
particular and without prejudice to the generality of the foregoing powers,
such regulations may provide for:-
(a) the
terms and conditions of service of the employees of a Board, including matters
relating to grant of leave to, and retirement of such employees;
(b) the
constitution of pension or provident fund or both for the benefit of the
officers and other employees of a Board;
(c) the
admission of institutions to the privilege of recognition and the withdrawal of
recognition;
[83][Explanation–
The terms and conditions should be in conformity with rules applicable to
Government servants carrying equivalent pay scales and other benefits.]
(d) a
general scheme of studies, including the total number of subjects to be taught
and the duration of courses; and
(e) all
other matters required under any of the provisions of this Act to be prescribed
by regulations.
21. Power of a Board to make rules.– A Board may make rules consistent
with this Act and the regulations to provide for:-
(i) the
inspection of institutions and the reports, returns and other information to be
furnished by them;
(ii) the conditions of admission of candidates to
the examinations held by it and their eligibility for diplomas, certificates
and titles;
(iii) the
manner and the form in which accounts of a Board shall be maintained; and
(iv) such
other matters as may be required under the regulations to be provided in the
rules.
22. Fund.– A Board shall
have a fund to which shall be credited all its income, including income from
fees, endowments, grants and contributions.
23. Accounts and audit.– (1) The
accounts of a Board shall be maintained in such form and in such manner as may
be prescribed by rules.
(2) The
accounts of the Board shall be audited in such manner as may be prescribed by
regulations.
(3) A
Board shall, as soon as possible after the end of every financial year, submit
to Government, the annual statement of the accounts of the Board duly audited
together with the report of the auditor.
24. Provident fund or pension.– (1) A Board shall establish for the
benefit of its employees such pension or provident fund or both as it may deem
fit in such manner and subject to such conditions as may be prescribed by
regulations.
(2) Government
may, by notification in the official Gazette, declare that the provisions of
the Provident Fund Act, 1925(Act XI of 1925), shall apply to a provident fund
established by a Board and on the making of such declaration that Act shall
apply as if such Board were Government and the said fund were the Government
provident fund.
25. Submission of yearly reports and returns.– A Board shall submit to the
Controlling Authority, as soon as possible after the end of every financial
year but not later than the 30th September, a report on the conduct of its
affairs for that year.
26. Members of the Board
prohibited from deriving monetary gains.– (1) No member
shall draw any fee or other remuneration in any capacity whatever from the
funds of the Board or enter into any contract with the Board directly or
through any other person in connection with the affairs of the Board:
Provided
that the emoluments of the Chairman shall be paid from the funds of the Board
in accordance with the terms and conditions of his appointment.
(2) Nothing
in this section shall be deemed to prohibit a member of a committee from
receiving from the Board, remuneration in lump sum for wriging, compiling or
editing a book intended to be prescribed for an examination of the Board.
27. Bar against membership.– No person who
has any financial interest in any book prescribed by a Board as a course of
study for any examination conducted by such Board or has a financial interest
as a partner or otherwise in any firm which publishes, procures or supplies any
such book, shall be eligible to become a member of such Board, or a committee
thereof or continue as such after having acquired any such interest.
28. Validations.– No act or
proceedings of a Board or any Committee shall be invalid merely by reason of
the existence of a vacancy on the Board of the committee as the case may be, or
by reason of any irregularity in the appointment of any member of the Board or
the committee.
29. Bar of suit.– No act done, order made or
proceeding taken by a Board in pursuance of the provisions of this Act shall be
called in question in any court.
30. Members and employees of Boards deemed to be
public servants.–
Members of a Board and its committees [84][the officers of the Board], the
employees of a Board and other persons appointed for carrying out the purposes
of this Act, shall be deemed to be public servants within the meaning of
section 21 of the Pakistan Penal Code (Act XLV of 1860).
31. Protection of acts and order under the Act.– No suit for damages or other legal
proceedings shall be instituted against Government, the Controlling Authority,
a Board, a committee, a member or a committee or an officer or employee of a
Board in respect of anything done or purported to have been done in good faith
in pursuance of the provisions of this Act and the regulations and rules made
thereunder.
32. First Regulations.–
Notwithstanding anything to the contrary contained in this Act, the regulations
set out in the Schedule shall be deemed to be the First Regulations framed by
the Board under section 20 of this Act.
33. Transitional provisions.– (1) Till such time as the
constitution of a Board under section 5 is completed, the Chairman and the ex-officio members, shall exercise all
the powers and perform all the duties of a Board and its committees.
(2) A
Board shall exercise all powers and perform all duties of the committees of a
Board till such time as the committees are constituted.
(3) If
any difficulty arises in giving effect to the provisions of this Act, the
Controlling Authority may take such action to remove the difficulty as, in the
circumstances of the case, it may deem necessary.
34. Savings.– Notwithstanding anything to the
contrary contained in this Act, everything done, action taken, jurisdiction or
power conferred, recognition granted and order issued under any of the
provisions of the West Pakistan (Board of Intermediate and Secondary Education,
Lahore) Ordinance 1961 (West Pakistan Ordinance No. XVII of 1961)/West Pakistan
Boards of Intermediate and Secondary Education (Multan and Sargodha) Ordinance,
1968 (West Pakistan Ordinance No. VII of
1968), as the case may be, and the regulations and rules made thereunder,
shall, if not inconsistent with the provisions of this Act and the regulations
and rules made thereunder, be continued and, so far as may be, be deemed to
have respectively been done, taken, conferred, granted and issued under this
Act and the regulations and rules made thereunder.
35. Repeal and savings.– The following
enactments are hereby repealed:-
(a) the
West Pakistan (Board of Intermediate and Secondary Education, Lahore )
Ordinance, 1961; and
(b) the
West Pakistan Board of Intermediate and Secondary Education (Multan and Sargodha ) Ordinance, 1968.
Schedule
The First
Regulations of the Board
(See Section 32)
1. Powers
and duties of the Chairman.– The Chairman shall exercise control over the office of the
Board as its principal executive and academic officer and shall do all acts to
ensure that the officers and the staff properly perform the duties entrusted to
them. In particular he shall:-
[85][(i) write confidential reports
on the work of officers and employees of the rank of Superintendent and above;
(ii) appointment
of supervisory, evaluative and other academic staff or Committees, concerned
with the conduct of examinations.]
2. Powers
and duties of the Secretary.– (1) The Secretary shall, subject to the control of the
Chairman, be incharge of the academic and administrative sector of a Board’s
office and cause the orders and decisions of a Board and the Chairman to be
carried out.
(2) The
Secretary shall take all possible steps to ensure that the funds of a Board are
spent on the purpose for which they are provided.
(3) The
Secretary shall cause to be prepared and submit to a Board for approval the
annual statement of accounts and budget estimates.
(4) All
meetings of a Board and the committees shall be convened by the Secretary under
the direction of the Chairman. While preparing the agenda for a meeting of a
Board or a committee, the Secretary shall carry out the directions of the
Chairman given in this respect and no item shall be placed on such agenda or be
considered in the meeting without the previous permission of the Chairman.
(5) The
Secretary shall record the minutes and maintain the records of the proceedings
of a Board and the committees.
(6) The
Secretary shall conduct the official correspondence of the Board under the
authority of the Chairman except the correspondence relating to the conduct of
examinations.
(7) All
fees and dues payable to the Board, and all sums received by the Secretary,
shall be credited without delay to the account of the Board in a Government
treasury or a bank approved by the Board.
(8) The
Secretary shall issue to successful candidates on behalf of the Board in the
prescribed form certificates of having passed the examinations held by the
Board.
(9) The
Secretary shall perform such other duties as may be assigned to him by the
Chairman.
(10) Notwithstanding anything to the contrary
contained in these Regulations, the Board may assign to any other officer or
officers such duties of the Secretary as it may deem necessary.
3. Duties
and powers of the Controller of Examinations.– The Controller of Examinations
shall, subject to the control of the Chairman, be incharge of the examination
sector of the Board, and shall–
(i) make arrangements for the conduct of all
examinations of the Board;
(ii) conduct
official correspondence of the Board relating to the Examinations; and
(iii) perform
such other duties as may be assigned to him by the Chairman from time to time.
5. Appointments Committee.– (1) The Appointments Committee
shall consist of–
(i) the
Chairman of the Board;
(ii) the
Vice-Chancellor of the University or his nominee;
(iii) [87][one [88][Executive District Officer
(Education)] by rotation from amongst [89][Executive District Officers
(Education)]]; and
(iv) two
nominees of the Controlling Authority.
[90][(2) The
appointments Committee shall recommend the appointment confirmation and scale
of officers and employees of the Board in BS-16 and above.]
(3) The
members of the Appointment Committee other than the ex-officio members, shall hold office for two years.
(4) The
quorum for a meeting of the Appointments Committee shall be three.
6. Constitution
and functions of the Finance Committee.– (1) The Finance Committee shall consist of–
(i) the
Chairman of the Board;
[91][(ii) one [92][Executive District Officer
(Education)] by rotation from amongst [93][Executive District Officers
(Education)];
(iii) the
representative of the Finance Department, Government of the Punjab ;
and
(iv) two
nominees of the Controlling Authority.
(2) The
functions of the Finance Committee shall be–
(i) to examine the annual
budget and advise the Board thereon; and
(ii) to review the financial position of the Board
periodically and make recommendations to the Board for improving its finances.
(3) The
members of the Finance Committee, other than ex-officio members, shall hold office for two years.
(4) The quorum for the meetings of the
Finance Committee shall be three.
7. Constitution and functions of the
committee for appointment of paper setters and head examiners.– (1) There
shall be a committee for the appointment of paper setters and head examiners
which shall consist of:-
(i) the
Chairman of the Board;
(ii) the
Vice-Chancellor of the Punjab University or
his nominee who should be a professor in one of the Science subjects; and
(2) The
functions of the committee for the appointment of paper setters and head
examiners shall be to appoint paper setters and head examiners for all
examinations conducted by the Board, after considering the recommendations of
the Committee of Courses in this behalf; provided that where a Committee of Courses
does not make its recommendation within the time specified by the committee for
appointment of paper setters and head examiners the committee will make these
appointments without the recommendations of the Committee of Courses.
8. Committee of Courses.– (1) There
shall be a Committee of Courses for each subject or a group of allied subjects
included in the courses of studies organised by the Board. Each committee shall
consist of the following namely:-
(i) two
teachers of the subject or subjects from among the teachers of Intermediate
colleges, nominated by the Academic Committee;
(ii) two
teachers of the subject or subjects from among the teachers of Secondary
schools nominated by the Academic Committee.
(iii) two
persons having experience of Intermediate education, or Secondary education,
nominated by the Board; and
(iv) one
expert in the subject or subjects nominated by the Chairman:
Provided
that if in any subject the required number of teachers is not available, the
Chairman may decide that the number of members of the Committee of Courses for
that subject may be less than seven or may permit the nomination of suitable
persons who are not teachers as members of a particular Committee of Courses.
(2) The
term of office of the members of the Committee of Courses shall be two years:
Provided that if a vacancy occurs in
the Committee during the course of two years the member appointed to fill the
vacancy shall hold office for the remaining term only.
(3) Each
Committee of Courses shall consider academic matters relating to the subject or
subjects with which it is concerned and shall recommend to the Academic
Committee the courses of study and text books to be prescribed as well as the
conditions to be fulfilled by the candidates for passing the relevant
examination in the subject or subjects.
(4) Each
Committee of Courses shall have a convenor who shall be nominated by the Board.
(5) The
quorum for a Committee of Courses shall be four.
9. Person
ceasing to be a member of a committee would cease to be a member of
sub-committee.–
Notwithstanding anything contained in these regulations, when a person ceases
to be a member of a committee, he shall cease to be a member of any
sub-committee of which he may be a member by virtue of his membership of that
committee.
10. Recognition of schools.– (1) The Board shall accord
recognition, to the secondary school examination, to such schools as are within
the jurisdiction of the Board, if it is satisfied, on the basis of the
inspection report received in the case of schools maintained by the Government
of Pakistan from the Officer on Special Duty, Ministry of Education, Government
of Pakistan, or any other authority appointed for the purpose by the said
Ministry and in the case of other schools, from the [95][Executive District Officer
(Education)] concerned that the conditions prescribed for recognition have been
satisfactorily fulfilled.
(2) If
the Board on the basis of a report received in the case of a school maintained
by the Government of Pakistan, from the Officer on Special Duty, Ministry of
Education, Government of Pakistan, or any other authority appointed for the
purpose by that Ministry, and in the case of any other school, from the [96][Executive District Officer
(Education)], is satisfied that the conditions of recognition have ceased to be
fulfilled by any school recognised by it, the Board may, after giving the
management of the school an opportunity of being heard, cancel the recognition.
(3) The
Board may if it considers necessary, arrange a special inspection of any school
by an Inspection Committee appointed by it.
11. Audit.– (1) The Board shall appoint
whole-time Audit Officer and Auditor for the purpose of auditing the accounts
and the bills to be paid from the funds of the Board. No expenditure shall be
made from the funds of the Board, unless the bill for its payment has been
audited by the Auditor in conformity with the regulations and rules.
(2) The
statement of accounts of the Board, signed by the Secretary and the Auditor,
shall be submitted to Government within six months of the closing of the
financial year.
(3) The
accounts of the Board shall be audited once a year, in conformity with the
regulations and rules, by Auditors appointed by Government for this purpose.
[1]This Act was
passed by the Punjab Assembly on 5th July, 1976; assented to by the Governor of
the Punjab on 21st July, 1976; and, published in the Punjab Gazette
(Extraordinary), dated 21st July, 1976, pages 2013-2032.
[2]Substituted
by the Punjab Boards of Intermediate and Secondary
Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[3]Substituted for the words
“Directors of Education” by the Punjab Boards of Intermediate and Secondary
Education (Amendment) Ordinance 2001 (XLVII of 2001). 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.
[4]Substituted
by the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[7]Added by the Punjab Boards of Intermediate and Secondary Education
(Amendment) Ordinance, 1985 (XXXIII of 1985).
[8]Added by the Punjab Boards of Intermediate and Secondary Education
(Amendment) Ordinance, 1985 (XXXIII of 1985).
[9]Added by the Punjab Boards of
Intermediate and Secondary Education (Amendment) Ordinance, 1984 (XX of 1984).
[10]Substituted
by the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[11]Ibid.
[12]Substituted for the words
“Director of Education” by the Punjab Boards of Intermediate and Secondary
Education (Amendment) Ordinance 2001 (XLVII of 2001). 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.
[13]Added by the Punjab Boards of Intermediate and Secondary Education
(Amendment) Ordinance, 1985 (XXXIII of 1985).
[14]Ibid.
[15]Omitted ibid.
[16]Added ibid., and substituted by the Punjab
Boards of Intermediate and Secondary Education (Amendment) Act, 1992 (X of
1992).
[17]Omitted by
the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[18]Substituted ibid.
[19]Added by the Punjab Boards of Intermediate and Secondary Education
(Amendment) Ordinance, 1985 (XXXIII of 1985).
[20]Substituted ibid.
[21]Omitted ibid.
[22]Substituted ibid.
[23]Added ibid.
[24]Added by the Punjab Boards of Intermediate and Secondary Education
(Amendment) Ordinance, 1985 (XXXIII of 1985).
[25]Substituted ibid.
[26]Ibid.
[27]Substituted by the Punjab Boards of
Intermediate and Secondary Education (Amendment) Act, 1992 (X of 1992).
[28]Added ibid.
[29]Substituted
by the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[30]Ibid.
[31]Substituted by the Punjab Boards of
Intermediate and Secondary Education (Amendment) Act, 1992 (X of 1992).
[32]Added by the Punjab Boards of Intermediate and Secondary Education
(Amendment) Ordinance, 1985 (XXXIII of 1985).
[33]Substituted by the Punjab Boards of
Intermediate and Secondary Education (Amendment) Act, 1992 (X of 1992).
[34]Substituted
by the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[35]Added ibid.
[36]Added by the Punjab Boards of Intermediate and Secondary Education
(Amendment) Ordinance, 1985 (XXXIII of 1985).
[37]Substituted
by the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[38]Omitted by
the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[39]Substituted
by the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[40]Substituted for the words
“Director of Education” by the Punjab Boards of Intermediate and Secondary
Education (Amendment) Ordinance 2001 (XLVII of 2001). 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.
[42]Substituted by the Punjab Boards of
Intermediate and Secondary Education (Amendment) Act, 1992 (X of 1992).
[43]Substituted
by the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[44]Substituted for the words
“Director of Education” by the Punjab Boards of Intermediate and Secondary
Education (Amendment) Ordinance 2001 (XLVII of 2001). 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.
[46]Substituted for the words
“Director of Education” by the Punjab Boards of Intermediate and Secondary
Education (Amendment) Ordinance 2001 (XLVII of 2001). 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.
[47]Substituted for the words
“Director of Education” by the Punjab Boards of Intermediate and Secondary
Education (Amendment) Ordinance 2001 (XLVII of 2001). 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.
[49]This Act was
passed by the Punjab Assembly on 5th July, 1976; assented to by the Governor of
the Punjab on 21st July, 1976; and, published in the Punjab Gazette
(Extraordinary), dated 21st July, 1976, pages 2013-2032.
[50]Substituted
by the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[51]Substituted for the words
“Directors of Education” by the Punjab Boards of Intermediate and Secondary
Education (Amendment) Ordinance 2001 (XLVII of 2001). 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.
[52]Substituted
by the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[55]Added by the Punjab Boards of Intermediate and Secondary Education
(Amendment) Ordinance, 1985 (XXXIII of 1985).
[56]Added by the Punjab Boards of Intermediate and Secondary Education
(Amendment) Ordinance, 1985 (XXXIII of 1985).
[57]Added by the Punjab Boards of
Intermediate and Secondary Education (Amendment) Ordinance, 1984 (XX of 1984).
[58]Substituted
by the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[59]Ibid.
[60]Substituted for the words
“Director of Education” by the Punjab Boards of Intermediate and Secondary
Education (Amendment) Ordinance 2001 (XLVII of 2001). 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.
[61]Added by the Punjab Boards of Intermediate and Secondary Education
(Amendment) Ordinance, 1985 (XXXIII of 1985).
[62]Ibid.
[63]Omitted ibid.
[64]Added ibid., and substituted by the Punjab
Boards of Intermediate and Secondary Education (Amendment) Act, 1992 (X of
1992).
[65]Omitted by
the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[66]Substituted ibid.
[67]Added by the Punjab Boards of Intermediate and Secondary Education
(Amendment) Ordinance, 1985 (XXXIII of 1985).
[68]Substituted ibid.
[69]Omitted ibid.
[70]Substituted ibid.
[71]Added ibid.
[72]Added by the Punjab Boards of Intermediate and Secondary Education
(Amendment) Ordinance, 1985 (XXXIII of 1985).
[73]Substituted ibid.
[74]Ibid.
[75]Substituted by the Punjab Boards of
Intermediate and Secondary Education (Amendment) Act, 1992 (X of 1992).
[76]Added ibid.
[77]Substituted
by the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[78]Ibid.
[79]Substituted by the Punjab Boards of
Intermediate and Secondary Education (Amendment) Act, 1992 (X of 1992).
[80]Added by the Punjab Boards of Intermediate and Secondary Education
(Amendment) Ordinance, 1985 (XXXIII of 1985).
[81]Substituted by the Punjab Boards of
Intermediate and Secondary Education (Amendment) Act, 1992 (X of 1992).
[82]Substituted
by the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[83]Added ibid.
[84]Added by the Punjab Boards of Intermediate and Secondary Education
(Amendment) Ordinance, 1985 (XXXIII of 1985).
[85]Substituted
by the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[86]Omitted by
the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[87]Substituted
by the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[88]Substituted for the words
“Director of Education” by the Punjab Boards of Intermediate and Secondary
Education (Amendment) Ordinance 2001 (XLVII of 2001). 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.
[90]Substituted by the Punjab Boards of
Intermediate and Secondary Education (Amendment) Act, 1992 (X of 1992).
[91]Substituted
by the Punjab Boards of Intermediate and
Secondary Education (Amendment) Ordinance, 1985 (XXXIII of 1985).
[92]Substituted for the words
“Director of Education” by the Punjab Boards of Intermediate and Secondary
Education (Amendment) Ordinance 2001 (XLVII of 2001). 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.
[94]Substituted for the words
“Director of Education” by the Punjab Boards of Intermediate and Secondary
Education (Amendment) Ordinance 2001 (XLVII of 2001). 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.
[95]Substituted for the words
“Director of Education” by the Punjab Boards of Intermediate and Secondary
Education (Amendment) Ordinance 2001 (XLVII of 2001). 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.
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