PROVINCIAL
ASSEMBLY OF THE PUNJAB
NOTIFICATION
8 June 2004
NOTIFICATION
No.PAP-Legis-2(24)/2003/623.
The Punjab Education Foundation Bill 2003, having been passed by the Provincial
Assembly of the Punjab on 26 May 2004 , and assented to by the
Governor of the Punjab on 5 June 2004 , is hereby published as an
Act of the Provincial Assembly of the Punjab .
THE PUNJAB EDUCATION FOUNDATION ACT 2004
ACT XII OF
2004
[First
published. after having received the assent of the Governor of the Punjab , in the Gazette of the Punjab
(Extraordinary) dated 8 June 2004 .]
An
Act
Act
Preamble.- Whereas it is expedient to restructure
the Punjab Education Foundation for the promotion of education, specifically
encouraging and supporting the efforts of the private sector in providing
education to the poor and matters ancillary thereto;
It is hereby enacted as follows:-
1.
Short title, extent and commencement.- (1) This Act may be called the
Punjab Education Foundation Act, 2004.
(2)
It extends to the whole of the Punjab .
(3)
It shall come into force at once.
2.
Definitions.- In
this Act, unless there is anything repugnant in the subject or context-
a) “Act”
means the Punjab Education Foundation Act, 2004;
b) “Board”
means the Board of Directors constituted under section 5;
c) “Chairperson”
means the Chairperson of the Board elected under section 5;
d) “Directors”
means the Director of the Board;
e) “educational
institution” means a primary, middle, high and higher secondary school, teacher
training institution, special education institution, and any other institution
engaged in education-related activities;
f) “financial
assistance” includes grants, loans, scholarships, stipends, and rewards;
g) “Foundation”
means the Punjab Education Foundation established under section 3;
h) “Fund”
means the Fund established under section 10;
i) “Government”
means the Government of the Punjab ;
j) “grant-in-aid”
means monies that are non-refundable;
k) “Loan”
means a refundable sum of money with or without mark up/service charge;
l) “Managing
Director” means the Managing Director of the Foundation;
m) “Non-governmental
organization (NGO)” means a non-governmental organization registered as such
under the laws of Pakistan
n) “prescribed”
means prescribed by rules made under this Act; and
o) “quorum
means” quorum of the meeting of the Board specified in section 5(6).
3.
Establishment of the Foundation.- (1) There shall be
established a Punjab Education Foundation.
(2) It
shall be a body corporate having perpetual succession and a common seal with
power to hold and dispose of moveable property and to acquire, hold, and sell
immoveable property with the approval of the Government and shall by the said
name sue and be sued.
(3) The
Head office of the Foundation shall be at Lahore
4. Functions
of the Foundation.- The
functions of the Foundation shall be to-
(i) provide
financial assistance for the establishment, expansion, improvement, and
management of educational institutions and allied projects;
(ii)
provide incentives to students, teachers, and Educational Institutions;
(iii)
promote public-private partnerships relating to education;
(iv) provide
technical assistance to Educational Institutions for testing policy
interventions and innovative programmes for replication;
(v)
rank private educational institutions based on
educational standards;
(vi)
raise funds through donations, grants, contributions,
subscriptions etc.;
(vii)
assist Educational Institutions in capacity building, including training
of teachers; and
(viii) undertake any other
function as may be assigned to it by the Board with the approval of the
Government;
5
Board of Directors.- (1) The executive authority and managing of the
Foundation shall vest in the Board.
(2)
The Board shall consist of fifteen Directors including the Chairperson to be
appointed by the Government in the following manner, namely:-
(i) Eight
Directors including at least three women from the private sector from amongst
NGOs, philanthropists, technocrats, and academicians;
(ii) Secretary
to Government of the Punjab , Finance
Department, or his nominee not below the rank of Additional Secretary;
(iii) Secretary
to Government of the Punjab , Education
Department, or his nominee not below the rank of Additional Secretary;
(iv) Secretary
to Government of the Punjab , Literacy and Non
Formal Basic Education Department, or his nominee not below the rank of
Additional Secretary;
(v) Secretary
to Government of the Punjab , Social Welfare
Department or his nominee not below the rank of Deputy Secretary;
(vi) Secretary
to Government of the Punjab , Planning and
Development Department, or his nominee not below the rank of Chief of Section;
(vii) Vice
Chancellor of the University
of Education
(viii) Managing
Director who shall also be the Secretary of the Board.
(3)
The Chairperson shall be elected by the Board from amongst the non-official
Directors for a period of three years.
(4) The
Directors, other than ex-officio Directors, shall hold office for a term of
three years and shall be eligible for re-appointment. The retiring Directors
shall continue to perform their functions till their successors are appointed.
(5) No
non-official Director, including the Chairperson, shall be eligible to be
appointed for a third term.
(6) Six
Directors including at least three Directors from private sector shall
constitute the quorum.
(7) The
Board meeting shall be presided over by the Chairperson or, in his absence, by
a Director duly nominated by the Chairperson.
(8) The
Board shall appoint the employees and other functionaries of the Foundation and
determine the terms and conditions of their employment.
(9) No
act or proceedings of the Board shall be invalid merely on the ground of the
existence of any vacancy or any defect in the constitution of the Board.
(10) The
Board may delegate any of its powers to the Managing Director to enable him to
carry out its functions.
6.
Managing Director.- (1) The Board shall appoint a Managing Director who
shall be the Chief Executive of the Foundation.
(2) The
Managing Director may exercise all such powers and do all acts and things as
authorized by the Board.
7.-
Filling in casual vacancy.- Any vacancy caused due to removal or permanent
absence of a Director, other than an ex-officio member, shall be filled in by a
person nominated by the Government and the person so nominated shall hold
office for the unexpired period of the term of his predecessor.
8.
Resignation of Director.- A Director other than an ex-officio Director, may at
any time, resign his office by addressing a letter to the Chairperson; provided
that the resignation shall not take effect until it has been accepted by the
Government.
9.
Removal of a Director.- Government may
remove a Director from the Board in such circumstances and in such manner as
may be prescribed
10. Fund.- (1) There
shall be established a Fund which shall vest in the Foundation and to which
shall be credited:-
(i)
grants made by the Federal, Provincial Governments and the local bodies;
(ii)
income from investments made by the Foundation;
(iii)
donations, endowments and subscriptions from organizations and
individuals;
(iv)
revolving funds placed by the Government at the disposal of the
Foundation;
(v)
donations, endowments and grants from
international organizations, subject to approval of the Government; and
(vi)
All other sums received by the Foundation from any other source.
(2) The
Fund shall be kept in such custody and shall be utilized and regulated in such
manner as may be determined by the Board.
(3) The
accounts of the Foundation shall be maintained in such form and manner as may
be prescribed and shall be audited by an auditor, to be appointed by the
Government, being a person who is a Chartered Accountant within the meaning of
the Chartered Accountants Ordinance, 1961 (X of 1961).
(4) The
Managing Director shall, at the close of each financial year, submit to the
Board the audited annual statement of accounts of the Foundation, together with
the report of the auditor.
(5) The
Managing Director shall also submit to the Board at the end of each financial
year a report of the activities of the Foundation during that year.
11.
Committees (1) The Board may constitute such financial, technical,
advisory and other committees as may be deemed necessary for carrying out the
purposes of this Act.
(2) The
composition and functions of the committees shall be such as the Board may
determine.
12.
Authentication of decisions.- All decisions of the Board shall be
authenticated by the signatures of the Chairperson and the Managing Director.
13.
Rules.- The Government may by notification make rules for carrying
out the purposes of this Act.
14.
Regulations.- Subject to the provisions of the this Act and the rules
framed thereunder, the Board may, with the previous approval of the Government,
make regulations as may be necessary to carry out the purposes of this Act.
15.
Indemnity.- No suit, prosecution or other proceedings shall lie against any
officer or employee of the Foundation or any other person exercising any power
or performing any function under this Act or the rules or regulations made
there under for anything done in good faith.
16-
Repeal and Savings.- (1) On
commencement of this Act:-
(i)
the Punjab Education Foundation Act, 1991 (I of 1991), shall stand repealed.
(ii)
the Punjab Education Foundation established under the Punjab Education
Foundation Act 1991 (I of 1991), shall stand dissolved; and
(iii) the assets and
liabilities created under the said repealed Act shall stand transferred to the
Foundation; and
(iv) all rules made
under the Punjab Education Foundation Act, 1991, shall remain in force in so
far as they are not inconsistent with the provisions of this Act until the
Rules are framed under this Act.
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