(Pb. Act I of 1991)
[16 March 1991]
Preamble.— Whereas it is expedient to make
provisions 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 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 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 purposes 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 functions 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 or deficiency
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 materials 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
responsible for promoting and financing—
(i) surveys and studies to identify areas of malfunctioning in the educational
system and suggesting remedies therefor;
(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, retarded 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) modernisation 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 modernisation 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 purposes 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
made 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 utilised 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.
[1][1]This Act was passed by the
Punjab Assembly on 6th March, 1991; assented to by the Governor of the Punjab
on 13th March, 1991; and, was published in the Punjab Gazette (Extraordinary),
dated 16th March, 1991, Pages 761 to 764.
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