[1]THE PUNJAB EXAMINATION COMMISSION ACT 2010
( XI of
2010)
[20th 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 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 shall annually audit the accounts of the
Commission.
(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. 2 Inserted by the Punjab Fair
Representation of Women Act 2014 (IV of 2014)
[2]
Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014)
[3] Inserted by the
Punjab Fair Representation of Women Act 2014 (IV of 2014)
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