PUNJAB EDUCATION FOUNDATION ACT, 1991

PEF ACT-I  OF 1991
(REPEALED)

PROVINCIAL ASSEMBLY OF THE PUNJAB
NOTIFICAITON

The 16th March, 1991

 No. Legis-2 (48) /90/4.  The Punjab Education Foundation Bill, 1990, having been passed by the Provincial Assembly of the Punjab on the 6th day of March, 1991 and assented to by the Governor of the Punjab on the 13th day of March, 1991, is hereby published as an Act of the Provincial Assembly of the Punjab.

THE PUNJAB EDUCATION FOUNDATION ACT, 1991.
ACT-I OF 1991

 (First published, after having received the assent of the Governor of the Punjab, in the Gazette of the Punjab (Extraordinary), dated the 16th March, 1991).

 An
Act
to provide for the establishment of the
Punjab Education Foundation.

PREAMBLE:-            Whereas it is expedient to make provision for the establishment of the Punjab Education Foundation to promote and finance the development of education in the Province of the Punjab and matters ancillary, incidental and supplemental thereto;

             It is hereby enacted as follows:-

 1.         SHORT TITLE, EXTENT AND COMMENCEMENT.-  (1) This Act may be called the Punjab Education Foundation Act, 1991.

(2)        It extends to the whole of the Province of Punjab.

(3)        It shall come into force at once.

 2.         ESTABLISHMENT OF THE FOUNDATION.-         (1)  The Government may, by notification, establish a Foundation to be known as the “Punjab Education Foundation”

(2)        The Foundation shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.

(3)        The Head office of the Foundation shall be at Lahore.

3.         BOARD OF DIRECTORS.-  (1)  There shall be a Board of Directors of the Foundation consisting of such number of official and non-official members, including the Chairman, as may be appointed by the Government.

(2)        A Director other than an ex-officio Director, shall hold office for a period of three years but he may be re-appointed as such for a period not exceeding one year at a time.

(3)        The Government may remove a Director on the ground of inefficiency, unsuitability or misconduct after giving him an opportunity of being heard.

4.         MANAGEMENT.-     (1)  The Administration and the Management of the Foundation and its affairs shall vest in the Board of Directors which may exercise the powers exercisable, and do all acts and things that may be done by the Foundation.

(2)        The affairs of the Foundation shall be conducted subject to the supervision and control of the Government.

5.         MANAGING DIRECTOR.    (1)  The Government shall appoint a Managing Director of the Foundation whose qualifications and terms and conditions of service shall be such as may be determined by the Government.

(2)        Subject to sub-section (3), the term of office of Managing Director shall be three years, but the Government may extend the same for a period not exceeding one year at a time.

(3)        The Government may remove the Managing Director on the ground of inefficiency, unsuitability or misconduct after giving him an opportunity of being heard.

(4)        The Managing Director shall be the Chief Executive of the Foundation and shall perform such functions as may be prescribed or assigned to him by the Board

6.         COMMITTEES.        The Board may constitute such financial, technical and advisory committees as may be deemed necessary for carrying out the purpose of this Act.

7.         APPOINTMENT OF OFFICERS ETC.-      The Foundation may employ such officers, advisers, consultants and employees in its service as may be necessary for the efficient performance of its functions in such manner and on such terms and conditions as may be prescribed.

8.         IMMUNITY OF THE FOUNDATION AND ITS EMPLOYEES.-  (1) Every Director, Adviser, officer and employee of the Foundation shall be indemnified by the Foundation against all losses and expenses sustained or incurred by him in the discharge of his duties, save such losses and expenses as are sustained and incurred as a result of his own willful act or default.

(2)        The Managing Director shall not be personally responsible for the acts of any other Director, adviser, officer or employee of the Foundation which he could not have reasonably prevented by the due exercise of his powers and function under this Act and the rules and regulations made thereunder or for any loss or expense resulting to the Foundation by reason of the insufficiency in value of, or title to any property or security acquired or taken on behalf of the Foundation by the wrongful act of any person under a liability to the Foundation or anything done by him in good faith in execution of the duties of his office.

9.         DELEGATION OF POWERS.-         The Board may delegate to any officer, authority or employee of the Foundation any of its powers, duties or functions.

10.       BUSINESS OF THE BOARD.-         (1)  The meetings and the business of the Board shall be conducted in such manner and according to such procedure as may be prescribed and until these matters are prescribed, as may be determined by the Board.

            (2)        No act or proceedings of the Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of the Board.

11.       FUNCTIONS OF THE FOUNDATION.-     (1)        The Foundation shall take all such measures as it deems necessary for the promotion, development and financing of education.

            (2)        Without prejudice to the generality of the functions mentioned in sub-section(1), the Foundation shall-

(a)        establish or cause to be established educational institutions and such allied projects;

(b)       give grants preferably to non-profit making educational institutions for purchase of land, construction of buildings, purchase of equipment, furniture and educational  material including books, stationery and other such materials and for meeting recurring^**** expenditure;

(c)       give loans from the Foundation fund or assist in getting loans from scheduled banks;

(d)      sell or lease plots or assist in getting plots and land from Government, Development Authorities and Housing Agencies controlled by the Government;

(e)       be responsibly for promoting and financing-

(i)     surveys and studies to identify areas of malfunctioning in the educational system and suggesting remedies thereof;

(ii)   educational and innovational programmes particularly relating to achievement of universal literacy, training in employment  oriented skills and identification and education of the less gifted, disabled, retorted and problem children;

(iii)    research and field-scale testing of educational approaches, methodologies and technologies;

(iv)   activities of educational societies and arrangement of seminars, symposia, workshops and other such activities;

(v)     propagation of Islamic Education, Ideology and Culture;

(vi)   modernization of curricula with emphasis on their religious and Islamic aspects;

(vii)  establishing, in special cases and with the prior approval of Government, educational projects in less developed area;

(viii) procuring and distributing educational materials and tools to educational institutions;

(ix)   formulating and implementing schemes for training of teaching and other staff; and

(x)    improving the quality and standard of education particularly in the privately managed institutions;

(f)        perform such functions as-

(i)   preparing and submitting schemes to the Government for the development of educational programmes and projects including schemes for research and modernization of education;

(ii)    giving effect to approved schemes;

(iii)    improving teacher training and other institutions;

(iv)   encouraging the formation of voluntary associations in furtherance of the purpose of this Act; and

(v)    taking appropriate measures for integration and consolidation of privately managed institutions and projects, regulation of fees in the privately managed institutions particularly those receiving assistance from the Government; and

(g)        perform such other functions as may be assigned to it by the Government.

12.       FOUNDATION FUND:-        (1)        There shall be a Fund to be known as the “Foundation Fund” which shall vest in the Foundation and to which shall be credited-

(a)                grants made by Government and the Federal Government;

(b)                income from investments made by the Foundation;

(c)                donations and endowments;

(d)                revolving funds placed by the Government at the disposal of the Foundation;

(e)                grants mad by the Local Bodies; and

(f)                 all other sums received by the Foundation and incomes from other sources.

            (2)        The Fund shall be kept in such custody and shall be utilized and regulated in such manner as may be prescribed.

13.       BUDGET, AUDIT AND ACCOUNTS:-        The budget of the Foundation shall be approved and its accounts shall be maintained and audited in such manner as may be prescribed.

14.       RULES.-         The Government may, by notification, make rules for carrying out the purposes of this Act.

15.       REGULATIONS.-      Subject to this Act and the rules framed thereunder, the Board may, with the previous approval of the Government, make regulations for all matters not provided for in the rules for which provision is necessary for carrying out the purposes of this Act and the rules.

16.       DISSOLUTION.-        The Government may, by notification, dissolve the Foundation and make such incidental and consequential orders as may be necessary for the purpose.

17.       REPEAL.-       The Punjab Education Foundation Ordinance, 1979 (Punjab Ordinance No. XIV of 1979), is hereby repealed.

18.        REPEAL.-        The Punjab Education Foundation Ordinance, 1991 (V of 1991), is hereby repealed.