[1]THE
PUNJAB EXAMINATION COMMISSION ACT 2010
(Act XI of 2010)
[20 July
2010]
An
Act to establish a Commission for improving the
Preamble.– Whereas it is expedient to establish a Commission for the
improvement of the examination system and for conducting examinations of
elementary education and to provide for ancillary matters;
It is
enacted as follows:-
1. Short title, extent and commencement.– (1) This Act may be cited as the Punjab Examination
Commission 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) "Chairperson" means the Chairperson
of the Commission;
(b) "Chief Executive Officer" means the
Chief Executive Officer of the Commission;
(c) "Commission" means the Punjab
Examination Commission;
(d) "elementary education" means
education from class I to class VIII;
(e) "Fund" means the Punjab Examination
Commission Fund;
(f) "Government" means the Government of
the Punjab ;
(g) “local government” means the local government
as defined in the Punjab Local Government Ordinance 2001 (XIII of 2001) or any
other law for the time being in force;
(h) "Member" means a Member of the
Commission;
(i) “prescribed” means prescribed by the rules or
the regulations;
(j) “regulations” means the regulations framed
under the Act; and
(k) “rules” means the rules made under the Act.
3. Establishment of the Commission.– (1) The Government may, by
notification, establish a Commission to be known as the Punjab Examination
Commission.
(2) The Commission shall be a body corporate
having perpetual succession and a common seal, with power to enter into
agreement, acquire, hold, manage, and dispose of property, and to sue and be
sued in its name.
4. Composition
of the Commission.– (1) The Commission shall consist of the following members:-
(a) Three
members of the Provincial Assembly of the Punjab
[2][including at least one female member
of the Assembly];
(b) Secretary to the Government, Education
Department;
(c) Secretary to the Government, Finance
Department;
(d) Vice Chancellor, University of Education, Lahore ;
(e) Programme
Director, Punjab Education Sector Reforms
Programme;
(f) Director Public Instruction (Elementary
Education), Punjab ;
(g) Programme Director, Directorate of Staff
Development;
(h) Chairman, Punjab
Text Book Board;
(i) Managing Director, Punjab
Education Foundation;
(l) a person from banking sector;
(m) a person from information technology sector;
and
(n) Chief Executive Officer.
(2) The
Government shall nominate the members mentioned in clauses (a), (j), (k), (l) and
(m) of sub-section (1), and the Chairperson from amongst the nominated members,
for a term of three years.
(3) A
nominated member may resign from his office by a notice in writing to the
Government and his seat shall fall vacant on the acceptance of the resignation.
(4) The Government may, on the recommendation
of the Commission, remove a member nominated under sub-section (2).
(5) The
Chairperson may, with the prior approval of the Government, co-opt any other
person as member either for a particular meeting or purpose, or for a specified
period.
(6) The existence of a vacancy or any defect
in the composition of the Commission shall not invalidate an act or proceedings
of the Commission.
(7) The Chairperson and the members shall
serve on honorary basis and shall not be entitled to any financial benefits
except such travelling and daily allowance for performing official duties as
may be prescribed.
(8)
The Chief Executive Officer shall be the Secretary of the Commission.
5. Vacancy.– The Government may fill a vacancy, caused owing to any
cause, by nominating a person from the same category and the said member shall
hold office for the unexpired period of the term of his predecessor.
6. Functions
of the Commission.– (1) The Commission shall–
(a) design, develop, implement, maintain, monitor
and evaluate a system of examination for elementary education;
(b) formulate policy and programme for the conduct
of examinations relating to elementary education;
(c) collect data for research to improve curricula
and teaching methodology;
(d) recommend measures for capacity building of
the teachers and educationists for improving the system of assessment of
students;
(e) identify the areas where improvement in
training of the teachers or educationists is required;
(f) promote public discussions on issues
pertaining to elementary education;
(g) advise the Government on all policy matters
relating to the objectives of the Commission;
(h) approve annual research programme and annual
budget of the Commission; and
(i) perform such other functions as may be
ancillary to its functions, or as may be prescribed or as may be assigned by
the Government.
(2) The Commission may–
(a) issue instructions or guidelines to a local
government for data collection and conduct of an examination of elementary
education;
(b) register students for the purpose of
examination of elementary education and maintain their data; and
(c) conduct and outsource research in the sphere of
an examination of elementary education.
7. Committees.– The Commission may constitute committees of its members
and entrust them such functions and powers as it may deem fit.
8. Meetings
of the Commission.– (1) The Commission shall meet at
least each quarter in a calendar year.
(2) The
Chief Executive Officer shall convene a meeting of the Commission on the
direction of the Chairperson or a written request from not less than seven
members.
(3) The
Chairperson or, in his absence, a Member nominated by the Chairperson, shall
preside a meeting of the Commission.
(4) An
ex-officio Member may nominate an officer in BS-19 or above to represent him at
a meeting of the Commission.
(5) Seven
Members, including at least two nominated members, shall constitute the quorum
at a meeting.
(6) The
Commission shall take decisions by the majority of its Members present and
voting, and in case of a tie, the person presiding the meeting shall have a
casting vote.
(7) The
decisions of the Commission shall be recorded in writing and signed by the
Chairperson.
(8) The
Commission shall cause minutes to be kept of proceedings of every meeting of
the Commission and of every meeting of a committee.
(9) The Chief Executive Officer shall
maintain a complete record of the minutes and the decisions of the Commission
in the prescribed manner.
9. Delegation.– The Commission may, subject to such conditions and
limitations as it may deem fit to impose, delegate any of its powers or
functions to the Chairperson, Chief Executive Officer, a committee, or one or
more members, except the power to–
(a) frame, amend or repeal regulations;
(b) approve major policy decisions and procedures
for the operation of the Fund;
(c) constitute a committee or fill a vacancy in a
committee;
(d) approve the annual budget, audited accounts and
the annual reports; and
(e) consider audit reports.
10. Secretariat.–
(1) The Commission shall have a Secretariat at Lahore .
(2) The Secretariat shall comprise the Chief
Executive Officer and such number of officers and staff as may be determined by
the Commission.
11. Staff.– (1) The Government shall appoint a person as the Chief
Executive Officer of the Commission for a term not exceeding four years.
(2) The Chief Executive Officer shall
exercise such powers as may be prescribed or as may be delegated by the
Commission.
(3) The Commission may employ persons who
shall be paid such remuneration and allowances and shall hold their employment
on such terms and conditions as may be prescribed and until so prescribed, as
may be determined by the Commission.
12. Public
servants.– (1) The Chairperson, Chief
Executive Officer, members, officers, employees and other persons authorized to
perform or exercise any function or power under this Act shall be deemed to be
public servants within the meanings of section 21 of the Pakistan Penal Code
1860 (XLV of 1860).
13. Fund.– (1) There shall be a Fund of the Commission to be
known as the Punjab Examination Commission Fund.
(2) The Fund shall consist of–
(a) grants made by the Federal Government, the
Government or a local government;
(b) donations, endowments or grants from any
individual, organization or agency, whether national or international;
(c) sale proceeds of the property of the
Commission; and
(d) any other money received by the Commission.
(3) The Fund shall be kept in such custody,
and shall be regulated and utilized in such manner as may be prescribed.
14. Budget and accounts.– (1) The Chief Executive Officer shall prepare the budget of
the Commission for each financial year and submit it before the Commission for
approval.
(2) The Chief Executive Officer shall not
incur any expenditure from the Fund without the approval of the Commission.
(3) The Commission shall maintain proper
accounts and other records relating to its financial affairs including its
income and expenditures and its assets and liabilities in such form and manner
as may be prescribed.
15. Audit.–
(1) The Auditor General of Pakistan
(2) The Government, in addition to the Audit
under sub-section (1), shall cause the accounts of the Commission annually
audited by a Chartered Accountant.
(3) The Chief Executive Officer, with the
approval of the Commission, shall submit to the Government the annual statement
of accounts of the Commission and audit report, within six months of the close
of a financial year.
16. Annual
report.– (1) The Commission shall submit an annual report to the Government
which shall include–
(a) a comprehensive statement of the work and
activities of the Commission during the preceding financial year, including the
details of the examinations and the research work conducted during the year;
(b) recommendations about the strategy to improve
the curricula, teaching methodology and inputs required for the quality elementary
education;
(c) statement of accounts and audit report; and
(d) such other matters as may be prescribed and
as the Commission may consider appropriate.
(2) The Government shall, within thirty days
of receiving the report from the Commission, give notice for laying the report
in the Provincial Assembly of the Punjab , and
shall lay the report in the Assembly in its first available session thereafter.
17. Rules.– The Government may, by notification, make rules for
carrying out the purposes of this Act.
18. Regulations.– Subject to the provisions of this Act and the rules, the
Commission may, by notification, frame regulations for giving effect to the
provisions of this Act.
THE PUNJAB
EXAMINATION COMMISSION ACT 2010
(Act XI of 2010)
C O N T E N T S
Section Heading
1. Short title, extent and
commencement.
2. Definitions.
3. Establishment
of the Commission.
4. Composition of the Commission.
5. Vacancy.
6. Functions
of the Commission.
7. Committees.
8. Meetings
of the Commission.
9. Delegation.
10. Secretariat.
11. Staff.
12. Public servants.
13. Fund.
14. Budget and accounts.
15. Audit.
16. Annual
report.
17. Rules.
18. Regulations.
[5]THE
PUNJAB EXAMINATION COMMISSION ACT 2010
(Act XI of 2010)
[20 July
2010]
An
Act to establish a Commission for improving the
examination
system of elementary education.
Preamble.– Whereas it is expedient to establish a Commission for the
improvement of the examination system and for conducting examinations of
elementary education and to provide for ancillary matters;
It is
enacted as follows:-
1. Short title, extent and commencement.– (1) This Act may be cited as the Punjab Examination
Commission 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) "Chairperson" means the Chairperson
of the Commission;
(b) "Chief Executive Officer" means the
Chief Executive Officer of the Commission;
(c) "Commission" means the Punjab
Examination Commission;
(d) "elementary education" means
education from class I to class VIII;
(e) "Fund" means the Punjab Examination
Commission Fund;
(f) "Government" means the Government of
the Punjab ;
(g) “local government” means the local government
as defined in the Punjab Local Government Ordinance 2001 (XIII of 2001) or any
other law for the time being in force;
(h) "Member" means a Member of the
Commission;
(i) “prescribed” means prescribed by the rules or
the regulations;
(j) “regulations” means the regulations framed
under the Act; and
(k) “rules” means the rules made under the Act.
3. Establishment of the Commission.– (1) The Government may, by
notification, establish a Commission to be known as the Punjab Examination
Commission.
(2) The Commission shall be a body corporate
having perpetual succession and a common seal, with power to enter into
agreement, acquire, hold, manage, and dispose of property, and to sue and be
sued in its name.
4. Composition
of the Commission.– (1) The Commission shall consist of the following members:-
(a) Three
members of the Provincial Assembly of the Punjab
[6][including at least one female member
of the Assembly];
(b) Secretary to the Government, Education
Department;
(c) Secretary to the Government, Finance
Department;
(d) Vice Chancellor, University of Education, Lahore ;
(e) Programme
Director, Punjab Education Sector Reforms
Programme;
(f) Director Public Instruction (Elementary
Education), Punjab ;
(g) Programme Director, Directorate of Staff
Development;
(h) Chairman, Punjab
Text Book Board;
(i) Managing Director, Punjab
Education Foundation;
(l) a person from banking sector;
(m) a person from information technology sector;
and
(n) Chief Executive Officer.
(2) The
Government shall nominate the members mentioned in clauses (a), (j), (k), (l)
and (m) of sub-section (1), and the Chairperson from amongst the nominated
members, for a term of three years.
(3) A
nominated member may resign from his office by a notice in writing to the
Government and his seat shall fall vacant on the acceptance of the resignation.
(4) The Government may, on the recommendation
of the Commission, remove a member nominated under sub-section (2).
(5) The
Chairperson may, with the prior approval of the Government, co-opt any other
person as member either for a particular meeting or purpose, or for a specified
period.
(6) The existence of a vacancy or any defect
in the composition of the Commission shall not invalidate an act or proceedings
of the Commission.
(7) The Chairperson and the members shall
serve on honorary basis and shall not be entitled to any financial benefits
except such travelling and daily allowance for performing official duties as
may be prescribed.
(8)
The Chief Executive Officer shall be the Secretary of the Commission.
5. Vacancy.– The Government may fill a vacancy, caused owing to any
cause, by nominating a person from the same category and the said member shall
hold office for the unexpired period of the term of his predecessor.
6. Functions
of the Commission.– (1) The Commission shall–
(a) design, develop, implement, maintain, monitor
and evaluate a system of examination for elementary education;
(b) formulate policy and programme for the conduct
of examinations relating to elementary education;
(c) collect data for research to improve curricula
and teaching methodology;
(d) recommend measures for capacity building of
the teachers and educationists for improving the system of assessment of
students;
(e) identify the areas where improvement in
training of the teachers or educationists is required;
(f) promote public discussions on issues
pertaining to elementary education;
(g) advise the Government on all policy matters
relating to the objectives of the Commission;
(h) approve annual research programme and annual
budget of the Commission; and
(i) perform such other functions as may be
ancillary to its functions, or as may be prescribed or as may be assigned by
the Government.
(2) The Commission may–
(a) issue instructions or guidelines to a local
government for data collection and conduct of an examination of elementary
education;
(b) register students for the purpose of examination
of elementary education and maintain their data; and
(c) conduct and outsource research in the sphere of
an examination of elementary education.
7. Committees.– The Commission may constitute committees of its members
and entrust them such functions and powers as it may deem fit.
8. Meetings
of the Commission.– (1) The Commission shall meet at
least each quarter in a calendar year.
(2) The
Chief Executive Officer shall convene a meeting of the Commission on the
direction of the Chairperson or a written request from not less than seven
members.
(3) The
Chairperson or, in his absence, a Member nominated by the Chairperson, shall
preside a meeting of the Commission.
(4) An
ex-officio Member may nominate an officer in BS-19 or above to represent him at
a meeting of the Commission.
(5) Seven
Members, including at least two nominated members, shall constitute the quorum
at a meeting.
(6) The
Commission shall take decisions by the majority of its Members present and
voting, and in case of a tie, the person presiding the meeting shall have a
casting vote.
(7) The
decisions of the Commission shall be recorded in writing and signed by the
Chairperson.
(8) The
Commission shall cause minutes to be kept of proceedings of every meeting of
the Commission and of every meeting of a committee.
(9) The Chief Executive Officer shall
maintain a complete record of the minutes and the decisions of the Commission
in the prescribed manner.
9. Delegation.– The Commission may, subject to such conditions and
limitations as it may deem fit to impose, delegate any of its powers or
functions to the Chairperson, Chief Executive Officer, a committee, or one or
more members, except the power to–
(a) frame, amend or repeal regulations;
(b) approve major policy decisions and procedures
for the operation of the Fund;
(c) constitute a committee or fill a vacancy in a
committee;
(d) approve the annual budget, audited accounts and
the annual reports; and
(e) consider audit reports.
10. Secretariat.–
(1) The Commission shall have a Secretariat at Lahore .
(2) The Secretariat shall comprise the Chief
Executive Officer and such number of officers and staff as may be determined by
the Commission.
11. Staff.– (1) The Government shall appoint a person as the Chief
Executive Officer of the Commission for a term not exceeding four years.
(2) The Chief Executive Officer shall
exercise such powers as may be prescribed or as may be delegated by the
Commission.
(3) The Commission may employ persons who
shall be paid such remuneration and allowances and shall hold their employment
on such terms and conditions as may be prescribed and until so prescribed, as
may be determined by the Commission.
12. Public
servants.– (1) The Chairperson, Chief
Executive Officer, members, officers, employees and other persons authorized to
perform or exercise any function or power under this Act shall be deemed to be
public servants within the meanings of section 21 of the Pakistan Penal Code
1860 (XLV of 1860).
13. Fund.– (1) There shall be a Fund of the Commission to be
known as the Punjab Examination Commission Fund.
(2) The Fund shall consist of–
(a) grants made by the Federal Government, the
Government or a local government;
(b) donations, endowments or grants from any
individual, organization or agency, whether national or international;
(c) sale proceeds of the property of the
Commission; and
(d) any other money received by the Commission.
(3) The Fund shall be kept in such custody,
and shall be regulated and utilized in such manner as may be prescribed.
14. Budget and accounts.– (1) The Chief Executive Officer shall prepare the budget of
the Commission for each financial year and submit it before the Commission for
approval.
(2) The Chief Executive Officer shall not
incur any expenditure from the Fund without the approval of the Commission.
(3) The Commission shall maintain proper
accounts and other records relating to its financial affairs including its
income and expenditures and its assets and liabilities in such form and manner
as may be prescribed.
15. Audit.–
(1) The Auditor General of Pakistan
(2) The Government, in addition to the Audit
under sub-section (1), shall cause the accounts of the Commission annually
audited by a Chartered Accountant.
(3) The Chief Executive Officer, with the
approval of the Commission, shall submit to the Government the annual statement
of accounts of the Commission and audit report, within six months of the close
of a financial year.
16. Annual
report.– (1) The Commission shall submit an annual report to the Government
which shall include–
(a) a comprehensive statement of the work and
activities of the Commission during the preceding financial year, including the
details of the examinations and the research work conducted during the year;
(b) recommendations about the strategy to improve
the curricula, teaching methodology and inputs required for the quality
elementary education;
(c) statement of accounts and audit report; and
(d) such other matters as may be prescribed and
as the Commission may consider appropriate.
(2) The Government shall, within thirty days
of receiving the report from the Commission, give notice for laying the report
in the Provincial Assembly of the Punjab , and
shall lay the report in the Assembly in its first available session thereafter.
17. Rules.– The Government may, by notification, make rules for
carrying out the purposes of this Act.
18. Regulations.– Subject to the provisions of this Act and the rules, the
Commission may, by notification, frame regulations for giving effect to the
provisions of this Act.
[1]This Act was
passed by the Punjab Assembly on 14 July 2010; assented to by the Governor of
the Punjab on 19 July 2010; and, was published
in the Punjab Gazette (Extraordinary), dated 20 July 2010, pages 217-21.
[5]This Act was
passed by the Punjab Assembly on 14 July 2010; assented to by the Governor of
the Punjab on 19 July 2010; and, was published
in the Punjab Gazette (Extraordinary), dated 20 July 2010, pages 217-21.
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