(Act V of 2010)
[24 February 2010.]
An Act to
provide for the establishment and management of the
Preamble.– Whereas it is expedient to make
provisions for the establishment and efficient management of the Daanish
Schools and Centers of Excellence in the Punjab with a view to provide quality
elementary, secondary and higher secondary education to under privileged and
other segments of the society and to provide for other connected matters;
It
is enacted as follows:-
1. Short
title, extent and commencement.– (1) This Act may be cited as the Punjab Daanish
Schools and Centers of Excellence Authority Act 2010.
(2) It extends to the whole of the Punjab .
(3) It shall come into force at once.
2. Definitions.– In this Act–
(a) “administration” means the principal of a
School assisted by a head teacher and other staff meant for managing and
administering the affairs of the School;
(b) “antecedent verification committee” means a
committee established by the governing body to investigate, verify and certify
the antecedents of a student of a Daanish
School
(c) “Authority” means the Punjab Daanish
Schools
(d) “Center
of Excellence ” means a high or higher
secondary school notified by the Government as the Center
of Excellence and includes a Center of Excellence
(e) “Chairperson” means the Chairperson of the
Authority;
(f) “Daanish
School
(g) “disabled” means a person who has lost total
functionality of mind or of at least two of his limbs;
(h) “district” means the district as defined in the
Punjab Local Government Ordinance 2001
(XIII of 2001);
(i) “governing body” means a body appointed by the
Authority to manage, administer and run a School;
(j) “Government” means the Government of the Punjab ;
(k) “household” means a nuclear family residing at
one place to the exclusion of any other family;
(l) “Member” means a Member of the Authority;
(m) “Managing Director” means the Managing Director
of the Authority;
(n) “prescribed” means prescribed by the rules or
regulations made under the Act;
(o) “School” means a Daanish
School or a Center of Excellence
(p) “student” means a student of a School and
includes a candidate for admission in a School;
(q) “teacher” includes the principal and an
employee of a School who is imparting instructions to the students; and
(r) “Town” or “Tehsil” means a Town or Tehsil as
defined in the Punjab Local Government Ordinance 2001 (XIII of 2001).
3. The Authority.– (1) The Government shall establish an Authority to be called the Punjab Daanish
Schools
(2) The
Authority shall be a body corporate having perpetual succession and a common
seal with power to enter into contract and shall, by the said name, sue and be
sued.
(3) The
Authority shall not dispose of an immovable property without the prior approval
of the Government.
(4) The
Authority shall consist of–
(a) Chief Minister of the Punjab ; Chairperson
(b) Three Members of the Provincial Assembly Members
of
the Punjab nominated by the Government;
(c) Chief Secretary of the Government; Member
(d) Senior Member, Board of Member
Revenue
of the Government;
(e) Secretary to the Government
Education
Department; Member
(f) Secretary to the Government
Finance
Department; Member
(g) Managing Director. Member
(5) The Chairperson may co-opt any Government
servant or any person from the private sector with experience in the field of
business, education, literature, academia, fine arts, public service, social
work or development sector, as Member of the Authority for a meeting or for a
specified period.
(6) The Government may nominate one of the Members as Vice
Chairperson of the Authority and the Chairperson may delegate any of his powers
or functions to the Vice Chairperson.
(7) The
Authority may regulate its meetings according to the procedure as it deems
appropriate.
4. Powers
and functions of the Authority.– (1) The Authority shall establish and
ensure sustainable management of a School.
(2) The Authority shall:
(a) provide instructions in a School as it may deem fit;
(b) make provision for the advancement and dissemination of knowledge in
a School in such manner as it may determine;
(c) promote public education and awareness of
environmental issues through mass media and other means including seminars and
workshops;
(d) prescribe courses of studies for the Centers of Excellence and Daanish Schools
(e) inspect the Daanish
Schools
(f) co-operate with schools and public or private organizations or
institutions in such manner and for such purposes as may be prescribed;
(g) institute and award scholarships, exhibitions, medals and prizes
under prescribed conditions;
(h) establish, maintain and control the halls of residence of the
students and approve or license hostels and lodgings of the students;
(i) supervise and control the discipline of the students;
(j) promote the extra-curricular and recreational activities of students
and make arrangements for promoting the health and general welfare of the
students;
(k) conduct internal examinations and assessment of students;
(l) demand and receive such fees and other charges as it may determine;
(m) receive, own and manage its property;
(n) create posts of teachers and other staff for the efficient
management and administration of the Schools;
(o) take disciplinary action against its employees in the prescribed
manner or in accordance with the law;
(p) prescribe code of conduct for the Members, governing bodies,
teachers and other employees of the Authority;
(q) conduct pre-service and in-service training of teachers and other
employees of the Authority;
(r) establish and maintain a website containing information about its
functions and update it at least on weekly basis;
(s) affiliate a School with an examining board, body or authority;
(t) pass its annual budget containing the estimated receipts and
expenditures; and
(u) perform such other functions as may be prescribed or which are
incidental to the above functions.
(3) The
Authority may–
(a) enter into a contract;
(b) acquire, hold or dispose of property;
(c) recommend measures to the Government for
improvement in the education system especially elementary, secondary and higher
secondary education;
(d) promote cooperation with the
international agencies and non-governmental organizations for the promotion of
quality elementary and secondary education in the Punjab ;
(e) conduct research in the field of
education, print or publish any book or other work; and
(f) exercise any other power ancillary to
the aforementioned powers or which is essential for performance of its
functions.
(4) The
Authority may receive grants and funds from the Government or from any other
source and shall distribute these, in line with the objects of the Act and
principles of equity, need and deservedness, amongst the governing bodies for
establishing, managing, running, expanding the Schools in the prescribed
manner.
(5) The Authority may make any expenditure
out of the funds or grants received by it on its secretariat, a School or any
other purpose under the Act.
(6) The Authority may conduct a third
party performance evaluation in respect of a School and may publish the result
of the evaluation.
5. Managing Director.– (1) The Government shall appoint a
person as the Managing Director who shall be the chief
executive officer of the Authority.
(2) The Government shall determine the terms
and conditions of service of the Managing Director.
(3) The Managing
Director shall hold office for a term of three years.
(4) The Government may remove the Managing
Director, during the tenure of his office, for reasons to be recorded in
writing.
(5) The Managing Director shall perform such
functions and exercise such powers as may be conferred or delegated by the
Authority.
(6) The Managing Director may delegate any of
his powers or functions to a governing body or an employee of the Authority.
6. Secretariat
and Secretary.– (1) The
Authority may establish its secretariat with any number of posts and incidental
costs as it deems appropriate.
(2) The
Government may appoint a person as Secretary of the Authority in the prescribed
manner.
7. Schools
and governing bodies.– (1) The Authority shall, by notification, declare a
School as Daanish School or Center
of Excellence
(2) The
Authority shall, by notification, appoint a governing body of a School for a
period of two years.
(3) The governing body shall
consist of five or more members who, in the opinion of the Authority, possess
sound moral and financial integrity, enjoy an unquestioned and
non-controversial reputation and do not have any conflict of interest with the
aims and objects of the School.
(4) The
Authority shall nominate one of the members of the governing body as Convener
of the governing body.
(5) The
Principal of a School shall be the secretary of the governing body of the
School.
(6) The
Authority shall not appoint a private person as member of more than two
governing bodies.
(7) The
Authority shall delegate administrative and financial powers to the governing
body and the administration of a School in the prescribed manner.
(8) The Authority may, for reasons to be recorded in writing, dissolve a governing body and
appoint a new governing body within three months of the dissolution of the
governing body.
(9) If the Authority dissolves a governing
body, it may appoint any person as administrator of the School to look after
the affairs of the School till the appointment of the governing body.
8. Powers
of governing bodies.– Subject to the overall
supervision of the Authority, a governing body may–
(i) receive charities and donations;
(ii) maintain accounts and finance of the School;
(iii) make appointment of teaching and non teaching
staff of the School in the prescribed manner; and
(iv) administer day to day affairs of the School through administration.
9. Admission
to Daanish Schools.– (1) The governing body of a Daanish School
(2) The
governing body of a Daanish
School
(3) Subject
to sub-section (2), the governing body of a Daanish School shall admit the
destitute, most deprived and marginalized student, if the total combined gross
income of the members of the household of the student does not exceed six
thousand rupees per month, or any other amount as may be notified by the
Authority and the student, in order of precedence, falls in either of the
following sub-categories:
(a) he is orphan having lost both of his
parents and having no guardian or being taken care of by an elder sibling or a
member of extended family;
(b) he is orphan and living with his mother;
(c) his both parents are illiterate, the
parents do not own any immovable property and either of them is disabled;
(d) he has been a school dropout and his both
parents are illiterate and the parents do not own any immovable property;
(e) his both parents are illiterate, the
parents do not own any immovable property and do not have any fixed job or
source of income;
(f) he is not resident of a town, tehsil or
district headquarters and any of his parent is a semi-skilled or unskilled
menial village worker, and the parents do not own any immovable property and
are illiterate; and
(g) he is resident of a town, tehsil or
district headquarters and his household resides in a katcha house.
(4) The
governing body of a Daanish
School
(5) The antecedent verification committee
shall determine the merit for admission in the School on the basis of criteria
mentioned in this section.
(6) The
governing body may, for reasons to be recorded in writing, alter or set aside a
decision of the antecedent verification committee if it finds that the decision
is not based on the criteria for admission.
10. Members
to act pro bono.– A member of a governing body
shall act pro bono and shall not receive any remuneration for any service
rendered as the member of the governing body.
11. Financial
management.– (1) A governing body shall
maintain the accounts of the School in the prescribed manner.
(2) The
Authority shall appoint a firm of chartered accountants for annual audit of accounts
of a School.
(3) The
Government may order a partial or complete audit of account of a School and may
take such action as it deems necessary.
12. Fund.– (1) There shall be a Fund of the Authority, which shall
vest in the Authority and in which shall be credited all moneys received by the
Authority.
(2) The
fund shall be kept in such custody and shall be utilized and regulated in such
manner as may be prescribed.
(3) The
fund shall consist of:
(a) grants made or loans advanced by the
Government or the Federal Government;
(b) aid and assistance, grants, advances,
donations and other non-obligatory funds received from any person, body or
entity, national or international agency;
(c) loans and advances obtained from the
financial institutions with the approval of the Government; and
(d) any other income received from any other
source.
(4) The
Authority may receive, own and maintain a property transferred to it by any
person, body or organization.
13. Budget
and accounts.– (1) The Managing Director shall
prepare the annual budget of the Authority.
(2) The
Managing Director shall, with the approval of the Chairperson, place the budget
proposals for approval before the Authority at least thirty days prior to the
commencement of a financial year.
(3) The
accounts of the Authority shall be maintained in such manner as may be
prescribed.
14. Audit.– (1) The Government shall appoint a firm of chartered
accountants for the annual audit of accounts of the Authority.
(2) The
firm of chartered accountants shall submit the annual audit report of the
Authority to the Government.
15. Reports.– (1) A governing body shall prepare an annual performance
report of the School for a year ending on 30th April.
(2) A
governing body shall, before 31st May, submit the annual performance
report to the Authority for evaluation.
(3) The
Authority shall prepare an annual performance report for a financial year
before 31st July and forward the report to the Government.
(4) The
Government shall, within ninety days of the receipt of the report, submit a
notice for laying the annual report in the Provincial Assembly of the Punjab .
16. Public
servants.– A person appointed, acting or
purporting to act in pursuance of any provision of this Act, shall be deemed to
be public servant within the meaning of section 21 of the Pakistan Penal Code,
1860 (XLV of 1860).
17. Instructions and guidelines.– (1) The Authority may issue general
or special instructions or guidelines to a governing body for proper management
of the School on any matter incidental to the functioning of the School.
(2) The
instructions or guidelines issued by the Authority shall be binding on a
governing body and administration.
18. Transfer
of Government employees.– (1) The
Government may, with the concurrence of the Authority, transfer the services of
any of its employees to the Authority.
(2) The
Authority may, with the concurrence of an employee and the Government, absorb
the services of the employee into its service.
(3) The
terms and conditions of the service of an employee transferred from the
Government or absorbed in the service of the Authority shall be such as may be
prescribed.
19. Advisors,
consultants etc.– The Authority may appoint such
advisors, consultants or experts as may be necessary for the efficient
performance of its functions on such terms and conditions as may be prescribed.
20. Rules.– The Government may, by notification, make rules for
carrying out the purposes of this Act.
21. Regulations.– Subject to the rules, the Authority may, by notification,
frame regulations to give effect to the provisions of the Act.
22. Dissolution
and savings.– (1) The Authority may dissolve a
Society by issuing a notification for dissolution of the Society.
(2) An
asset or liability of a Society, dissolved by the Authority, shall stand
transferred to the Authority.
(3) The
Authority shall transfer the assets of a Society to a governing body in
accordance with the provisions of this Act.
(4) A
decision or action taken by any public functionary or a Society, before the
commencement of this Act, shall be deemed to have been taken in good faith for
the purposes of the Act.
(5) In
this section, “Society” means a society registered, before coming into force of
this Act, under the Societies Registration Act 1860 (XXI of 1860) for the
purpose of establishment and running a Daanish School.
23. Repeal.– The Punjab Education Authority Ordinance 1999 (LII of
1999) is hereby repealed.
[1][1]This Act was passed by the Punjab Assembly on 11 February 2010; assented
to by the Governor of the Punjab on 23
February 2010; and, was published in the Punjab Gazette (Extraordinary), dated
24 February 2010, pages 2151-56.
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