Punjab Education Foundation (Conduct of Business) Rules, 2005.

PEF (CONDUCT OF BUSINESS) RULES, 2005
 

GOVERNMENT OF THE PUNJAB
EDUCATION DEPARTMENT
 Dated Lahore the 26^th October, 2005

NOTIFICATION

No.S.O.(S-VII)1-33/2004. In exercise of the powers conferred under Section 13 of the Punjab Education Foundation Act, 2004, the Government of the Punjab is pleased to make the following rules:-

1.         Short Title and Commencement.

(1)       These rules may be called the Punjab Education Foundation (Conduct of Business) Rules, 2005.

(2)       They shall come into force at once.

2.        Definitions:-

(a)              “Act” means the Punjab Education Foundation Act, 2004;

(b)              “Board” means the Board of Directors of the Foundation;

(c)               “Chairperson” means Chairperson of the Board;

(d)              “Director” means a person appointed by the Government as a Director under the Act;

(e)               “Foundation” means the Punjab Education Foundation;

(f)                “Fund” means the Fund established under Section 10 of the Act;

(g)              “Government” means the Government of the Punjab;

(h)              “Incentive” includes honorarium, cash prize and certificate given to selected teachers and schools and scholarships granted to students on merit;

(i)                “Managing Director” means the Managing Director of the  Foundation;

(i)                “Non-Governmental Organization” means a non-governmental organization set up for the objectives relating to social welfare, including the promotion of education, and duly registered under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961, the Trust Act 1882; the Societies Registration Act 1860, or the Companies Ordinance 1984 or any other law for the time being enforced; and

(j)                “Recipient” means a non-governmental organization or any other private organization or association of persons or an individual who receives any assistance from the Foundation.

3.        Powers and Duties of the Board of Directors

(1)       The Board may:-

(a)              determine the direction and scope of the activities of the Foundation;

(b)              review and approve annual plans, projects, grants, loans, donations, contributions, technical assistance to the partner organizations, NGOs, private sector educational institutions and individuals;

(c)               review, revise and approve the annual budgets, all actual receipts and expenditures;

(d)              acquire, borrow and mortgage property of the Foundation or any part thereof or issue debt instruments or other securities;

(e)              delegate any of its powers to the Managing Director;

(f)                determine human resource requirements, salary structure and incentives for the employees of the Foundation;

(g)              recruit, dismiss, appoint, transfer and promote employee of the Foundation;

(h)              design instruments, interventions and development schemes in thematic and programmatic areas, for the promotion and encouragement of education in the province of Punjab to accomplish the functions laid down in section 4 of the Act and to frame the governing criteria for the execution of such instruments, interventions and development schemes,;

(i)                constitute such financial, technical, advisory and other committees as may be deemed necessary;

(j)                raise funds through donations, grants, contributions, subscriptions etc;

(k)              receive funds from different sources for the promotion and encouragement of education in the province and transfer savings in the form of net receipts to the endowment fund account of the Foundation’ and

(l)                evolve a criteria for ranking of private educational institutions.

(2)       In case the Board becomes non existent or non functional for any reason, the Managing Director may, with the approval of the Government, perform functions of the Board.

4.        The Chairperson of the Board

The Chairperson shall chair all the meetings of the Board.

5.        Responsibilities of the Managing Director.

The Managing Director shall:-

(a)       be the Chief Executive of the Foundation and shall cause the orders and decisions of the Board to be carried out;

(b)       take all possible steps to ensure that the funds allocated to the Foundation are spent on the purposes for which they are provided;

(c)       cause to be prepared and submit to the Board for approval, the annual statement of account and budget estimates;

(d)       convene all meetings of the Board under the direction of the Chairperson, while preparing the agenda for meetings of Board ;

(e)       act as Secretary and record the minutes of the meeting of the Board, maintain the records of the proceedings of the Board and keep the minutes open for inspection by any member during office hours;

(f)        exercise all the executive, financial and administrative powers delegated by the Board;

(g)       keep the Board informed of the progress of all development schemes launched by the Foundation;

(h)       carry out all the duties as assigned to him from time to time by the Board;

6.        Meetings of the Board of Directors

(1)       The Managing Director with the approval of the Chairperson, may summon the meeting of the Board on such date or dates, as may be specified.

(2)       Any three Directors may requisite the meeting of the Board to consider the issue mentioned in the requisition notice and the Managing Director shall summon the meeting within seven days of the receipt of the requisition.

(3)       The Chairperson of the Board shall, when present, preside at all meetings of the Board.  In the absence of the Chairperson, the meeting shall be presided by a Director nominated by the Chairperson. In case due to unavoidable circumstances, the Chairperson is unable to so nominate a Director, the directors shall elect a Chairperson for that particular meeting.

(4)       Six Directors, including at least three Directors from private sector, shall constitute the quorum.

(5)       A motion or a resolution may be moved without previous notice with the permission of the Chairperson.

(6)       The Secretary shall record minutes of the meeting of the Board and in his absence, the Chairperson may direct any other Director to perform such function.  The minutes so prepared shall be submitted in the next meeting of the Board for confirmation.

(7)       All scheduled meetings of the Board shall be held and called on a notice of one week.  All emergency meetings shall be held and called on a notice of two days.

7.        Honorarium and Allowances

(1)       The Chairperson and the Members of the Board of Directors shall not be entitled to any regular salary for their services except a daily allowance if so decided by the Board.

(2)       The Directors shall, however, be entitled to actual travel expenses and boarding and lodging for visits undertaken for the cause of the Foundation.  The Managing Director shall be the sanctioning authority for such expenditures.

8.        Resignation of Managing Director and the Chairperson

(1)       The Managing Director, may at any time, resign his office by addressing a letter to the Chairperson.

(2)       The Chairperson, may at any time, resign his office by addressing a letter to the Government.

9.        Conditions for Provision of Grant-in-Aid and Loan

(1)      Any person, institution, association of persons including a NGO, committed to the cause of education, may apply to the Foundation for the grant in aid and loan. 

(2)       The Board may either generally or in a specific case, determine the terms and conditions on which the grant in aid and loan may be provided by the Foundation.

(3)       Formal order for the sanction of grant in aid and loan shall be issued by the Managing Director in the name of the recipient.

(4)       The Board may waive off penalties imposed on account of default of payments of installments, keeping in view any extenuating circumstances or financial hardships of the recipient on a case to case basis.  Such cases shall be placed in the Board meeting as an agenda item and the decision of the Board thereon shall be final and binding.

(5)       The cases of loan/grant or grant converted into a loan advanced by the Foundation prior to the notification of these rules, shall be dealt with in accordance with the Punjab Education Foundation rules, 1991.

10.      Repeal

(1)       The Punjab Education Foundation Tareeqa Kaar wa Tafweez e Ikhtiarat Qawaed, 1991 are hereby repealed.

SECRETARY EDUCATION

NO. & DATE EVEN.

                        A copy is forwarded for information and necessary action to:-

1.         All Administrative Secretaries, Govt. of the Punjab.

2.         The Chairperson, Board of Directors, Punjab Education Foundation.

3.         All Directors of the Board of Directors, Punjab Education Foundation.

4.         All Vice Chancellors of the Universities in Punjab.

5.         The DPI Colleges/SE/EE.

6.         All Chairmen, Board of Intermediate and Secondary Education in Punjab.

7.         The PS to Minister for Education, Govt. of the Punjab.

8.         The PS to Special Secretary (Higher Education), Govt. of the Punjab, Education Department.

9.         The PS to Special Secretary (Schools), Govt. of the Punjab, Education Department.

10.       The Managing Director, Punjab Education Foundation.

11.       Office File.

UNDER SECRETARY (S-VII)