Updated: Friday March 21, 2014/AlJumaa
Jamada El Oula 20, 1435/Sukravara
Phalguna 30, 1935, at 05:25:30 AM
The Azad Jammu and
AZAD GOVERNMENT OF THE STATE OF
Law, Justice, Parliamentary Affairs and Human Rights
Department
***
“Muzaffarabad”
Dated: 03.10.2011
No.LD/Legis./ 808-18/2011 The following Ordinance made
by the President on the 26th day of September, 2011, is hereby published
for general information.
[Ordinance L of 2011]
AN ORDINANCE to provide a law for the
establishment of the Azad Jammu and Kashmir Text Book Board
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;
AND WHEREAS, the Legislative Assembly is not in
session and the President is satisfied that circumstances exist which render it
necessary to take immediate action;
NOW, THEREFORE, in exercise of powers conferred
by sub-section (1) of Section 41 of Azad Jammu and Kashmir Interim Constitution
Act, 1974, the President is pleased to make and promulgate the following
Ordinance:---
1. Short
title, Extent and Commencement.- (1) This Ordinance may be called the Azad
Jammu and Kashmir Text Book Board Ordinance, 2011.
(2) It
extends to the whole of Azad Jammu and
(3) It shall
come into force at once and shall be deemed to have taken effect from
16.09.2011.
2. Definitions.- In
this Ordinance, unless the context otherwise requires, the following
expressions shall have the meanings as hereby respectively assigned to them,
that is to say,---
(a) “Advisory Council” means the Advisory
Council constituted under Section 10 of this Ordinance;
(b) “Board” means the Azad Jammu and
Kashmir Text-Book Board established under Section 3 of this 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 Azad
Government of the State of
(g) “Head of an institution” means the
Principal of an
(h) “Institution” means an
(i) “
(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 called the Azad Jammu and Kashmir Text-Book Board for carrying out
the purposes of this Ordinance.
(2) The Board shall be a body
corporate, having perpetual succession and a common seal, with powers subject
to the provisions of this Ordinance to acquire, hold and transfer property,
both moveable and immoveable, and sue and be sued by the name assigned to it by
sub-section (1).
4. Constitution
of the Board.- (1) The Board shall consist of a Chairman, three Directors
and the Secretary appointed by the Government.
(2) The Chairman and the
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;
(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.
5. Chief
Executive Officer.- The Chairman shall be the Chief Executive Officer of
the Board.
6. Disqualification
and Removal of Chairman or Director.- (1) No person shall be or shall continue
to be 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
(2) Government may, by order in writing,
remove the Chairman or 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 specified as by
the Government shall preside over the meeting.
(3) Two Directors shall be present to constitute a
quorum at a meeting of the Board.
(4) 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 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 Chairman or Director.
8. Controlling
Authority.- The Prime Minister of the Azad Jammu and
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;
(ii)
Director Public Instructions Colleges;
(iii) Director
Public Instructions Secondary Education;
(iv) Director
Public Instructions Elementary Education;
(v) Director
General Directorate of Curriculum, Research and Development;
(vi) Director
Education Extension;
(vii) Director
Technical Education;
(viii) the Chairmen of the
Boards of Intermediate and Secondary Education; and
(ix) the
Vice-Chancellor of a Public Sector University in the AJ&K or his nominee,
by rotation on yearly basis.
(2) The quorum for a meeting of the Advisory Council
shall be six.
(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.
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 powers
conferred by the provisions of sub-section (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) 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 the Azad Jammu and
(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
(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:
Provided that the Board may adapt any prescribed
curriculum of, and the text books published by any other text books Board, in
Azad Jammu and
(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
judgment.
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 the Regulations.
13. Officers
and Servants.- (1) The following shall be the officers of the Board:---
(a) Chairman;
(b) Director;
(c) Secretary; and
(d) such other officers as may
the appointed by the Chairman.
(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.
(3) The
Board shall not make appointment to any post carrying pay
equivalent to BPS-17 and above 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 Director 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 and Pension.- 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.
17. Delegation
of powers to Chairman, etc.- The Board may by a general or special order
delegate to its Chairman, Director 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 Azad 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 under 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, 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 specified by the Government. Copies of the audit report
shall be sent to the Board and with the comments of the Board to the Government,
with a copy thereof to the Controlling Authority. The Board shall carry out any
directive issued by the Government for the rectification of irregularities, if
any, pointed out in the audit report.
24. Regulations.- (1)
For the purposes 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) creation 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 the Government and shall not take effect until they are
approved by the Government. The 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 the Government within
six months of the date of commencement of this Ordinance shall become part of
the Schedule attached to this Ordinance.
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 of 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. Indemnity.- No
suit for damages or other legal proceedings shall be instituted against the
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.
28. Saving.- Anything
done, proceeding or action taken, right acquired, obligation or liability
incurred, appointment made, person authorized, jurisdiction or power conferred
and Rule, Regulation or order made by or in the name of the Directorate of
Curriculum Research and Development Azad Jammu and Kashmir before the
commencement of this Ordinance, shall be deemed to have been done, taken,
acquired, incurred, authorized, conferred and made by the Board constituted
under Section 4 of this Ordinance.
-sd-
(Sardar Mohammad Yaqoob Khan)
President
Azad Jammu &
(Sardar Rashid Kaleem)
Section Officer Law
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
Directory | Home