( XLI of 1962)
[7th
June, 1962]
An
Ordinance
to provide for the
establishment of the 3[Punjab] Text-Book Board
Preamble.— WHEREAS it is expedient to make arrangements for— (a) production
and publication of—
(i)
Text Books for Classes I to XII;
(ii)
Supplementary reading material relating to text-books;
(iii)
guide books for teachers;
(b)
production of reference and research material in
respect of problems relating to schemes of studies and preparation of
text-books; and
(c)
conduct of research in the field of curricula,
text-books and other reading material, in the manner hereinafter appearing;
NOW, THEREFORE, in pursuance of the
Presidential Proclamation of the seventh day of
October, 1958, and in exercise of
all powers enabling him in that behalf, the Governor of West Pakistan is
pleased to make and promulgate the following Ordinance:-
1.
Short title,
extent and commencement.— (1) This Ordinance may be called the [3][Punjab]
Text Book Board Ordinance, 1962.
(3)
It shall come into force at once.
2.
Definitions.—
In this Ordinance, unless the context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned to them, that
is to say— (a) “Advisory Council”
means the Advisory Council constituted under the Ordinance;
(c)
“Chairman” means the Chairman of the Board;
(d)
“Controlling Authority” means the Controlling Authority
of the Board;
(e)
“Director” means a Director of the Board;
(f)
“Government” means the 8
[Provincial Government of the Punjab];
(g)
“Head of an institution” means the Principal of an
Intermediate College or the
Headmaster or Headmistress of a
school, as the case may be;
(h)
“institution” means an Intermediate College or a
School;
(i)
“Intermediate College” means an institution recognised
for imparting instruction to
Classes XI and XII and includes
an institution imparting instruction to Classes IX to XII;
(j)
“prescribed” means prescribed by Regulations or Rules
made under this Ordinance;
(k)
“Regulations and Rules” respectively mean the Regulations
and Rules made under this Ordinance;
(l)
“School” means an institution imparting instruction to
all or any of the Classes I to X and includes an English Medium School, a
school for handicapped children and any other school which Government may
declare to be a school for the purposes of this Ordinance.
3.
Establishment
and incorporation.— (1) As soon as may be, there shall be established a
Board to be known as the [6]
[Punjab Text-Book Board] for carrying out the purposes of this Ordinance.
(2)
The Board shall be a body corporate, shall have power
to acquire, hold and transfer property, shall have perpetual succession and
common seal and shall by the said name sue and be sued.
10[4.
Constitution of the Board.— (1) The Board shall consist of a Chairman and
two wholetime Directors appointed by the Government and not more than two ex-officio Directors appointed by the
Controlling Authority.
(2) The Chairman
and the whole-time Directors shall—
(a)
hold office for a term of three years unless sooner
removed by Government or, in case of a Government servant on deputation,
recalled from deputation or in case resignation is tendered and accepted:
Provided that
in the case of the Chairman or a Director of the West Pakistan TextBook Board
appointed to the Punjab Text-Book Board, the initial term of appointment shall
not extend beyond the unexpired portion of the term of appointment to the
former Board;
(b)
be eligible for re-appointment for such further period
or periods as Government may, from time to time, specify;
(c)
receive such salary and allowances as Government may
determine; and
(d)
perform such duties and functions as are assigned by
this Ordinance or by the Regulations and Rules made thereunder.
(3)
A person appointed as Chairman or Director shall divest
himself of any other directorship or other interest held by him in any
corporation, company or concern which has dealings with the Board.]
[7][5.] Chairman.—
The Chairman shall be the Chief Executive Officer of the Board.
6.
Disqualification
and removal of Directors.— (1) No person shall be or shall continue to be [8]
[the Chairman or] Director who,—
(a)
is or has at any time been convicted of any offence
involving moral turpitude; or
(b)
is or has at any time been adjudicated insolvent; or
(c)
is found a lunatic or becomes of unsound mind; or
(d)
is or has at any time been disqualified for employment
in, or dismissed from the service of Pakistan.
(2)
Government may, by order in writing, remove the
Chairman or a Director if he—
(a)
refuses or fails to discharge or becomes, in the
opinion of Government, incapable of discharging his responsibilities under this
Ordinance; or
(b)
has, in the opinion of Government, abused his position
as Chairman or Director; or
(c)
has knowingly acquired or continued to hold without the
permission in writing of Government, directly or indirectly, or through a
partner, any share or interest in any contract or employment with or by or on
behalf of the Board or in any land or property which, in his knowledge, is
likely to benefit or has benefited as a result of the operations of the Board.
7.
Meetings of the
Board.— (1) The Board shall meet at such time and place and in such manner
as may be prescribed.
(2)
The Chairman shall preside over the meetings of the
Board. In the absence of the Chairman, the senior Director as specified by
Government will preside over the meeting.
(3)
Two Directors shall be present to constitute a quorum
at a meeting of the Board.
(4)
[9][The
Chairman and each Director] shall have one vote, but in the event of equality
of votes, the Chairman shall have a second or casting vote.
(5)
The minutes of every meeting of the Board stating among
other things the names of the [10]
[Chairman or] Director present, shall be drawn up and recorded in a book to be
kept for the purpose, and shall be signed by the person presiding at the
meeting, and such book shall be open to inspection by the 15
[Chairman or] Director.
8.
Controlling
Authority.— The Governor of [11]
[the Punjab] or his nominee shall be the Controlling Authority of the Board.
9.
Powers of
the Controlling Authority.— (1) The Controlling Authority shall have the power
to cause an inspection to be made by such person or persons as it may direct,
of the offices, activities and funds of the Board, and to cause an enquiry to
be made in like manner in respect of any matter concerning the Board.
(2)
The Controlling Authority shall communicate to the
Board the result of such inspection or enquiry and may advise the Board to take
such action within such period as may be specified.
(3)
The Board shall report to the Controlling Authority the
action as it proposes to take or has taken on such communication.
(4)
Where the Board does not within a reasonable time, take
action to the satisfaction of the Controlling Authority, the Controlling
Authority may, after considering any explanation made by the Board, issue such
directions as it thinks fit, and the Chairman shall comply with such
directions.
(5)
If the Controlling Authority is satisfied that any
proceeding of the Board or the Advisory Council is not in conformity with this
Ordinance, the Controlling Authority may, without prejudice to the foregoing
provisions of this section, by order in writing annul such proceedings:
Provided that before making any
such order the Controlling Authority shall, through the Chairman, call upon the
Board or the Advisory Council, as the case may be, to show cause why such an
order should not be made.
10.
Advisory
Council.— (1) The Board shall have an Advisory Council consisting of the
following as its members—
(i) the
Chairman and Directors of the Board;
[12][(ii)
the Director of Education in the Punjab and the Director, Education Extension
and Specialised Services, Punjab;]
(iv)
the Vice-Chancellor of a University in 19 [the Punjab] or his nominee, by rotation
oneyear basis.
(3)
The functions of the Advisory Council shall be to
advise the Board in the performance of the functions of the Board under this
Ordinance.
(4)
Government may frame Rules of Procedure to regulate the
transaction of business by the Advisory Council. The Rules of Procedure may in
particular provide for the following matters, namely:-
(i)
appointment of the authority that may convene a meeting
of the Advisory Council;
(ii)
appointment of the person who shall preside over the
meetings of the Advisory Council;
(iii)
the manner in which and the authority by whom minutes
of the meetings shall be recorded; and
(iv)
any other matter considered necessary for the
transaction of business by the Advisory Council.
11.
Powers and
duties of the Board and the framing of schemes.— (1) The Board may take
such measures and exercise such powers as it considers necessary or expedient
for carrying out the purposes of this Ordinance.
(2)
Without prejudice to the generality of the power
conferred by the provisions of subsection (1) the Board may for carrying out
the purposes of this Ordinance—
(a)
undertake any works;
(b)
incur any expenditure;
(c)
procure plant, machinery and material required for its
use;
(d)
acquire by purchase, lease, exchange or otherwise any
material or machinery or any interest therein, and;
(e)
enter into and perform all such contracts as it may
consider necessary or expedient.
(3)
In particular, the Board may prepare schemes pertaining
to all or any of the following matters:-
(a)
implementation of the educational policies of
Government in respect of the production and publication of text-books,
supplementary reading material and teaching aid;
(b)
arrangement for the publication of text-books, for all
stages and types of education and teachers’ training courses as detailed
hereunder, namely:-
(i)
Primary Education;
(ii)
Secondary Education;
(iii)
Intermediate Education;
(iv)
teachers’ training courses-J.V., S.V., C.T., Diplomas
in Physical Education, Diploma in Commerce, Diplomas in Arts and Crafts and
such other training courses as may be prescribed by regulations;
(v)
courses of English Medium institutions;
(vi)
education of handicapped children;
(vii)
adult education;
(c)
production of supplementary material relating to the
text-books, for the stages and types of education enumerated under clause (b)
above;
(d)
production of reference and research material relating
to the problems of curricula and preparation of text-books;
(e)
the laying down of specifications of text-books, for
their preparation and publication;
(f)
control of the policy relating to (i) distribution of text-books
and other material, and (ii) appointment of agencies for this purpose in [15][the
Punjab] so as to make the textbooks and material available to the students well
in time;
(g)
the holding of training courses for the writers of
text-books;
(h)
preparation and publication of literature for adults;
(i)
preparation and publication of reading material on new
developments in educational concepts and teaching methods and techniques;
(j)
workshops and seminars and courses for effective use of
text-books and reading materials;
(k)
conduct of research in curricula, text-books, other
reading materials and teaching aids;
(l)
exhibitions of text-books and teaching materials; (m) maintenance of a library of—
(i)
reference books;
(ii)
text-books;
(iii)
maps, charts, diagrams and other documents of that nature;
(iv)
educational journals and periodical literature on
education published in Pakistan and other countries;
(v)
books and reading material, other than the text-books,
which the Board may consider useful for fulfilling the purposes and objects of
this Ordinance.
(4)
Every scheme prepared by the Board under the last
preceding sub-section shall be submitted to the Controlling Authority with full
details as regards its purpose and financial implications and the manner in
which it is to be executed.
(5)
The Controlling Authority may approve, or disallow, or
remit the scheme to the Board with its recommendations for further
consideration.
(6)
In the preparation and execution of any scheme the
Board may seek and obtain advice from Directorates of Education or Boards of
Intermediate and Secondary Education or institutions, who shall give advice and
assistance sought to the best of their ability, knowledge and judgement.
12.
Committees.—
(1) The Board may appoint such Committees as it may consider necessary.
(2)
The constitution, functions and duties of the
Committees shall be such as may be prescribed by regulations.
13.
Officers and
servants.— (1) The following shall be the officers of the Board:-
(a)
Chairman;
(b)
Directors;
(c)
Secretary;
(d)
such other officers as may the appointed by the
Chairman.
[16][(2)
Subject to the provisions of sub-section (3), the Board may, from time to time,
employ such officers and servants or appoint such whole-time or part-time
experts or consultants as it may consider necessary for the performance of its
functions on such terms and conditions as it may deem fit:
Provided that, in
case of urgency, the Chairman may appoint, for a period not exceeding six
months, such officers and servants as he may consider necessary:
Provided further
that every appointment so made shall be reported to the Board for confirmation
within sixty days of such appointment.]
23[(3)The Board shall not make appointment to
any post carrying an initial salary of five hundred rupees or more per mensem
without the prior approval of the Controlling Authority.]
14.
Duties of
officers and servants.— Subject to other provisions of this Ordinance the
duties and functions of the Chairman and Directors shall be such as may be
specified by the Controlling Authority, and those of officers and servants as
may be assigned to them by the Regulations or Rules or by the Chairman.
15.
Recruitment
and conditions of services and disciplinary powers.— Subject to other
provisions of this Ordinance the Board shall prescribe such procedure for
appointment, removal, dismissal, suspension, other disciplinary action and
general conditions of service of its officers and servants as it may consider
necessary.
16.
Provident
Fund or Pension.— (1) The Board shall establish for the benefit of its
employees such Pension or Provident Fund or both, as it may deem fit, in such
manner and subject to such conditions as may be prescribed by Regulations.
(2)
Government may, by notification, declare that the
provisions of the Provident Funds Act, 1925 (Act XIX of 1925), shall apply to
such Fund, and on making of such declaration that Act shall apply accordingly
as if the Board were Government and the said Fund were the Government Provident
Fund.
17.
Delegation
of powers to Chairman, etc.— The Board may by a general or special order
delegate to its Chairman, Directors and other officers any of its powers,
duties and functions, under this Ordinance and subject to such conditions as it
may think fit to impose.
18.
Immunity of
the Board and its employees.— The Chairman, Directors, officers and
servants of the Board shall, when acting or purporting to act in pursuance of
any of the provisions of this Ordinance, be deemed to be public servants within
the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).
19.
Board to be
local authority.— The Board shall be deemed to be a local authority under
the Local Authorities Loans Act, 1914 (IX of 1914) for the purpose of borrowing
money and the said Act and the making and execution of any scheme under this
Ordinance shall be deemed to be a work which such authority is legally authorised
to carry out.
20.
Budget
estimates.— In the month of April each year the Chairman shall submit a
statement of the estimated receipts and expenditure in respect of the next
financial year for approval by the Board.
21.
Maintenance
of accounts.— (1) The Board shall maintain complete and accurate books of
accounts in such form as it may prescribe by rules.
(2)
The statement of the accounts of the Board shall be
submitted to Government once a year.
22.
Submission
of yearly reports and returns.— (1) The Board shall submit to the
Controlling Authority, as soon as possible after the end of every financial
year but not later than the 30th September, a report on the conduct of its
affairs for that year.
(2)
The Controlling Authority may require the Board to
furnish it with—
(i)
any return, statement, estimate, statistics or other
information regarding any matter under the control of the Board, or
(ii)
a report on any such matter, or
(iii)
a copy of any document in the charge of the Board and
the Chairman shall comply with every such requisition.
23.
Audit.—
The accounts of the Board shall be audited once in a year by such agency and in
such manner as may be laid down by Government. Copies of the audit report shall
be sent to the Board, and with the comments of the Board to Government, with a
copy thereof to the Controlling Authority. The Board shall carry out any
directive issued by Government for the rectification of irregularities, if any,
pointed out in the audit report.
24.
Regulations.—
(1) For the purpose of carrying into effect the provisions of this Ordinance,
the Board shall have the power to make Regulations, consistent with this
Ordinance, on all or any of the following matters:-
(a)
the powers and duties of the officers of the Board.
(b)
rules of service including rules regulating
disciplinary action, grant of leave and retirement of the employees of the
Board;
(c)
constitution of Pension or Provident Fund or both for
the benefit of the officers and servants of the Board; and
(d)
such other matters as may appear necessary for giving
effect to the provisions of this Ordinance.
(2)
The Regulations approved by the Board shall be
submitted to Government and shall not take effect until they are approved by
Government. Government may approve or disallow or remit them to the Board with
its recommendations for further consideration.
(3)
Notwithstanding anything to the contrary contained in
this Ordinance, the Regulations set out in the Schedule shall, on the
commencement of this Ordinance, be deemed to be the First Regulations framed by
the Board under this section.
(4)
The Regulations laid down by Government within six
months of the date of commencement of this Ordinance shall become part of the
Schedule.
25.
Power of the
Board to make rules.— The Board may, consistent with this Ordinance and the
Regulations made thereunder, make Rules to carry out the purposes of this
Ordinance.
26.
Validation.—
No act or proceedings of the Board or the Advisory Council shall be invalidated
merely by reason of the existence of a vacancy on the Board or the Advisory
Council, or by reason of any irregularity in the appointment of any member of
the Board or the Advisory Council.
27.
Protection
of acts and orders.— No suit for damages or other legal proceedings shall
be instituted against Government, the Controlling Authority, the Board,
Advisory Council, any Director of the Board or member of the Advisory Council,
or officer or employee of the Board in respect of anything done or purported to
have been done in good faith in pursuance of this Ordinance and the Regulations
and Rules made thereunder.
[17][28. Validation of certain acts, etc.—
Anything done, proceeding or action taken, right acquired, obligation or
liability incurred, appointment made, person authorised, jurisdiction or power
conferred and rule, regulation or order made by the West Pakistan Text-Book
Board as such or in the name of the Punjab Text-Book Board on or after 1st
July, 1970, shall be deemed to have been respectively done, taken, acquired,
incurred, made authorised, conferred and made by the Punjab Text-Book Board
constituted under section 4.]
SCHEDULE
THE FIRST
REGULATIONS OF THE
[18] [PUNJAB] TEXT-BOOK BOARD
1.
Powers and
duties of the Chairman.— The Chairman shall exercise control over the
office of the Board as its principal executive officer and shall do all acts to
ensure that the officers and the staff properly perform the duties entrusted to
them. In particular, he shall—
(i)
write confidential reports on the work of officers
whose grades carry an initial salary of 26[ four hundred
rupees] or more per mensem;
(ii)
recommend to the Board any disciplinary action that he
considers necessary against officers mentioned in clause (i) ;
(iii)
take disciplinary action against members of the
establishment whose grades carry an initial salary of less then [19]
[four hundred rupees] per mensem;
(iv)
appoint employees whose grades carry an initial salary
of less than 28 [four hundred
rupees] per mensem [20]
[;] [21]
[and];
[22][(v) preside
over the meetings of the Advisory Council or nominate a Director for the
purpose.]
2.
Powers and
duties of the Secretary.— (1) The Secretary shall, subject to the control
of the Chairman, be incharge of the administrative sector of the office and
shall cause the orders and decisions of the Board and the Chairman to be
carried out.
(2)
The Secretary shall take all possible steps to ensure
that the funds of the Board are spent on the purpose for which they are
provided.
(3)
The Secretary shall cause to be prepared and submit to
the Board for approval the annual statement of accounts and budget estimates.
(4)
All meetings of the Board, the Advisory Council and the
Committees shall be convened by the Secretary under the direction of the
Chairman. While preparing the agenda for a meeting of the Board, the Advisory
Council or a Committee, the Secretary shall carry out the directions of the
Chairman given in this respect and no item shall be placed on such agenda or be
considered in the meeting without previous permission of the Chairman.
(5)
The Secretary shall record the minutes and maintain the
records of the proceedings of the Board, the Advisory Council and the
Committees.
(6)
The Secretary shall conduct the official correspondence
of the Board under the authority of the Chairman.
(7)
All dues payable to the Board, and all sums received by
the Secretary, shall be credited without delay to the account of the Board in a
Bank or Treasury approved by the Board.
(8)
The Secretary shall perform such other duties as may be
assigned to him by the Chairman.
(9)
Notwithstanding anything to the Contrary in these
Regulations, the Board may assign to any other officer or officers such duties
of the Secretary as it may deem necessary.
3.
Powers and
functions of the Advisory Council.— (1) The Advisory Council may recommend
scale of officers of employees of the Board whose scales of pay carry an
initial salary as [23]
[four hundred rupees] or more per mensem. The Advisory Council may advise the
Board on qualifications of officers and specialists or experts, their duties
and conditions of appointments.
(2)
The Advisory Council shall—
(i)
examine the annual budget and advise the Board thereon;
and
(ii)
review the financial position of the Board periodically
and make recommendations to the Board for improving its finances.
(3)
The Council may advise the Board on matters concerning
schemes which may be proposed under section 11 of the Ordinance.
4.
Unsolicited
advise.— The Council may consider and advise the Board on all cases of
advice and suggestions, received from the Education Department of Government,
Board of Intermediate and Secondary Education and other institutions in 33 [the Punjab].
5.
Accounts and
audits.— (1) The Board shall appoint a whole-time officer as internal
Auditor or Accounts Officer for
the purpose of checking the bills to be paid from the funds of the Board and
maintaining accounts. No expenditure shall be made from the funds of the Board
unless the bill for its payments has been checked by the Internal Auditor in
conformity with the provisions of the Ordinance, and the Rules and Regulations
made thereunder.
(2)
The statement of accounts of the Board signed by the
Secretary and the Internal Auditor or Accounts Officer shall be submitted to
the Controlling Authority and the Government within six months of the closing
of the financial year.
(3)
The accounts of the Board shall be audited once a year
in conformity with the provisions of the 34 [Punjab] Text-Book
Board Ordinance, 1962, the Rules and Regulations made thereunder, by Auditors
appointed by Government for this purpose. It shall be the duty of the Secretary
to move Government well in time to appoint the Audit agency in the first
instance.
[1] This Ordinance was
promulgated by the Governor of West Pakistan on 6th June, 1962; published in
the West Pakistan Gazette (Extraordinary), dated 7th June, 1962, pages
2293-2304; saved and given permanent effect by Article 225 of the Constitution
of the Islamic Republic of Pakistan (1962).
[2] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”. 3Ibid.
[4] Substituted by the West
Pakistan Laws (Adaptation) Order, 1964, for “Special Areas”.
[5] Substituted by the West
Pakistan Text Book Board (Punjab Amendment) Ordinance, 1971 (V of 1971), for
“West Pakistan Text Book-Board”. 8 Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O.
1 of 1974), for “Government of West Pakistan”.
[6] Substituted by the West
Pakistan Text Book Board (Punjab Amendment) Ordinance, 1971 (V of 1971), for
“West Pakistan Text Book-Board”. 10 Substituted ibid.
[7] Sub-section (1) of section
5 omitted and the word “(2)” deleted by the West Pakistan Text Book Board
(Punjab Amendment) Ordinance, 1971 ( V of
1971).
[8] Inserted ibid.
[9] Substituted by the West
Pakistan Text Book Board (Punjab Amendment) Ordinance, 1971 (V of 1971), for
“Each Director including the Chairman”.
[11] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[12] Substituted by the West
Pakistan Text Book Board (Punjab Amendment) Ordinance, 1971 (V of 1971).
[13] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”. 19 Ibid.
[14] Substituted, for “eight”,
by the West Pakistan Text Book Board (Punjab Amendment) Ordinance, 1971 (V of
1971).
[15] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”.
[16] Substituted by the West
Pakistan Text Book Board (Punjab Amendment) Ordinance, 1971 (V of 1971). 23 Added ibid.
[17] Added by the West
Pakistan Text Book Board (Punjab Amendment) Ordinance, 1971 (V of 1971).
[20] Substituted ibid., for the full-stop.
[21] Added ibid.
[22] Ibid.
[23] Substituted by the West
Pakistan Text Book Board (Punjab Amendment) Ordinance, 1971 (V of 1971), for
“three hundred rupees”. 33
Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974),
for “West Pakistan”. 34 Ibid.
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