Updated: Monday August 22, 2016/AlEthnien
Thoul Ki'dah 19, 1437/Somavara
Sravana 31, 1938, at 05:49:50 PM
The National Education Foundation Ordinance, 2002
ORDINANCE NO. XX OF 2002
[17th April, 2002]
An Ordinance to restructure
the National Education Foundation
WHEREAS it is expedient to restructure the National Education
Foundation and for matters ancillary thereto;
AND WHEREAS, the President is satisfied that circumstances exist
which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the
fourteenth day of October, 1999 and the Provisional Constitution Order No. 1 of
1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999,
and in exercise of all powers enabling him in that behalf, the President of the
Islamic Republic of Pakistan is pleased to make and promulgate the following
Ordinance:---
1. Short title and commencement.- (1) This Ordinance may be called the National
Education Foundation Ordinance, 2002.
(2) It shall come into force on such
date as the Federal Government may notify in the official Gazette.
2. Definitions. In this Ordinance, unless there is anything repugnant
in the subject or context,---
(a) “Authority”
means the Federal Government;
(b) “beneficiaries”
means teachers, educationists and students;
(c) “Board”
means the Board of Governors established under section 7;
(d) “Chairperson”
means the Chairperson of the Board;
(e) “Committee”
means a Committee constituted under section 12;
(f) “dependent”
means the wife or wives, dependent parents, dependent sons and unmarried
daughters of the teachers and educationists and such other relatives of the
teachers and educationists as may be recognized by the Board to be the
beneficiaries for the purpose of this scheme;
(g) “disadvantaged
group” means the children below poverty line or children belonging to
minorities or handicapped children or children living in very backward remote
rural areas;
(h) “educationist”
means a person engaged in educational research, planning, management or
promotion in the Federal Ministry of Education or an organization set up or
established by the Federal Government or in any organization as may be
recognized by the Committee for the purposes of this scheme and shall include a
person who has so retired;
(i) “Federal
Administered Areas” means territories of ICT, FATA, FANA, under control of
Federal Government and includes A.J.K for the purposes of this Ordinance;
(j) “Foundation”
means the National Education Foundation established under section 3;
(k) “Fund”
means the fund constituted under section 10
(l) “Grant” means a sum of non-refundable amount advanced
to an Organization from the Foundation's Fund;
(m) “Government”
means the Federal Government of Pakistan;
(n) “Loan”
means a refundable sum of money advanced by the Foundation to an organization;
(o) “Non-Governmental
Organization” means an orgainzation set up with private finance for advancement
of education and is registered under the Voluntary Social Welfare Agencies
Registration and Control Ordinance, 1961 (XLVI of 1961), Societies Registration
Act, 1860 (XXI
of 1860), the Trust Act, 1882 (II
of 1882), and the Companies Ordinance, 1984 (XLVII
of 1984) ;
(p) “prescribed”
means prescribed by rules under this Ordinance;
(q) “regional
office” means sub offices established in Federal Administered Areas; and
(r) “teacher”
means a person engaged in teaching in an educational institution established or
controlled by the Federal Government Ministry of Education or any such other
educational institution as may be recognized by the committee for purposes of this
scheme, and shall include a person who has so retired.
3. Establishment of the Foundation.-(1) As soon as may be after the commencement of this
Ordinance, the Federal Government shall, for the purpose of carrying out the
objectives of this Ordinance, by notification in the official Gazette,
establish a Foundation to be known as the National 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 Foundation shall be guided by
the following:---
(i) Vision:---
(a)
Providing quality enabling education through public private partnerships for
disadvantaged groups.
Explanation I-
“enabling” means, increasing capabilities for improving well-being and
entitlements; ability to keep pace with changing times; problem solving and
skills to access official procedures, institutions and potential resources; and
enabling both individual and societal dimensions;
Explanation II-”education”
means early childhood education, focus on elementary education, special needs
within Education For All secondary and technical, integrated literacy
programmes for disadvantaged groups under EFA, Information
Technology (IT) literacy,(EFA areas), welfare activities for Federal Government
teachers and their families, post secondary with specific reference to teacher
education [all subjects] education research, management, policy and planning.
Explanation III.-'disadvantaged” means population living below poverty line, girls and
women in rurla areas and urban slums, child labour, children in prison,
minorities, nomads, slum dwellers, people in under-served areas including
reverine communities, children with special needs, Gender equality and not
gender equity is seen as a measure of overcoming disadvantaged status for girls
and women.
(ii)
To become a vibrant catalyst for
quality enabling education through support to private and non-governmental
sectors by mobilizing sufficient resources as an effective self sustaining
organization.
Explanation-'private' signifies to private sector capped at
tuition fee schedules of Rs. 200 per month for elementary education, Rs. 600
per month for secondary and technical and Rs. 1500 per month for tertiary or
special education or as may be notified by the Federal Government from time to
time.
4. Objectives of the Foundation.-(1) The objectives of the Foundation are to promote
quality and gender sensitive education in the territories of Federal
administered Areas as defined in section 2(i).
(2) The three major categories of
objectives are:---
(i)
Promotion of Education,---
(a) to
promote public private partnerships in attaining basic education for all
through multiple delivery systems (up to elementary and including early
childhood and literacy for empowerment) with special focus on disadvantaged
communities and girls by direct support to private and NGOs schools in the form
of grants and loans. Support through loans and grants may be used for
establishment of facilities, teacher training, training in general, teacher
support, curriculum support and resource centers;
(b) to
support initiatives in secondary education especially the technical stream
including Information Technology (IT) literacy managed by NGOs and private
sector on no profit basis ;
(c) to
interface and facilitate private initiatives with public ones for promotion of
elementary, technical, and IT programs;
(d) to
extend assistance to existing special needs initiatives within existing
mainstream programs to address needs of children;
(e) to
promote welfare activities for the teachers and educationists is of the Federal
Government Institutions including providing scholarships and assistance to
students and teachers in general and to students, and families of teachers in
Federal Government institutions in particular. This activity shall be carried
out of the return on the endowment fund of Federal Teacher Foundation
transferred on its merger with National Education Fund;
(f) to
facilitate and undertake innovative programs between public and private sectors
or otherwise and their replication;
(g) to
mobilize and manage resources and to act as a conduit for promotion of
education through multiple sources;
(h) to assist
and facilitate formulating national educational policies for the private
sector; and
(i) to
develop and implement gender sensitivity and aware raising programs among
teachers, students and other members of the academic community.
(ii)
(a) Provide
support to organizations engaged in education development and capacity building
in areas of training, maintaining standards, curriculum management, assessment
and evaluation;
(b) to
strengthen institutional capacity of partner organizations Community Board
Organisations and private sector organizations to become self-reliant in terms
of quality, resource generation and management and effective community
participation for good governance in education;
(c) to
strengthen institutional capacity of the Foundation to manage and achieve its
objectives, mission and Vision;
(d) to
support programs for Teacher Education (general and subject specific) education
management and planning ;
(e) to set
up cell for private sector resource mobilization from local as well as
expatriate Pakistanis for education initiatives through public private
partnership; and
(f) to
prepare and develop gender sensitive curriculum and materials that will promote
equality, peace, human rights and development for all.
(iii) Research and development:---
(a) to
provide support to organizations engaged in education development, research,
assessment and evaluation;
(b) to share
best practices and foster exchange of resources for optimum education
development including collaboration with all Education Foundations, NGOs,
national, regional and international agencies and other stakeholders ;
(c) to
create a database on private educational institutions and related NGOs in the
country;
(d) to
compile and synthesize sex disaggregated data and information available for
policy makers, research institutions, and donor agencies ;
(e) to
influence education policy through documented research and practice; and
(f) to
assist in the maintaining of standards of education according to agreed norms
in the privately managed schools.
5. Functions of the Foundation.-(1) Establishing partnership and collaboration with
agencies and organizations pursuing the common goal of educational development
particularly promoting public-private partnership, mobilizing resources for
basic/elementary, technical/vocational education.
(2) Initiating and maintaining contact
and collaborating with other organizations, institutions, NGOs, bodies and
societies in
(3) Coordinating and networking with
other Foundations and stakeholders, initiating, organizing and facilitating
projects and programs on resource sharing basis.
(4) Providing support in providing and
organizing in-service training for;
(a) teachers
of the pilot project and innovative program;
(b) Private
school teachers; and
(c) NGO
communities, representatives and members of educational committees and other
bodies developed for such purpose from time to time.
(5) Providing and administrating direct
financial assistance to private school operators and institutions related to
educational development.
(6) Providing
consultancy services for education development and related activities as and
when required by national, international and other organizations.
(7) Ensuring sustainability
of-educational development under public private partnership through innovative
mechanisms such as providing endowment and snatching grants etc.
(8) Ensuring that equal opportunities
for education are provided to boys and girls of whatever social, class, colour,
race or creed to promote equality, development, human rights and peace for all.
(9) Fiend raising from public, private,
support organization donors, international agencies and other sources including
income from Foundation's projects.
(10) Welfare program for dependents of
educationists and teachers including scholarships for students, financial
support to widows and other related projects.
(11) Developing databases, conducting
research and preparing periodical reports on educational development
particularly in private and NGO sector.
(12) Providing assistance through
newsletters, rendering advice, developing training packages, providing a forum
for exchange of ideas and sharing experiences among various stakeholders
promoting educational development in particular.
(13) Providing support and assistance
for the efforts in educational development with focus on new technologies
including IT etc.
(14) Establishing in any place in the
Federal Administered Areas such regional offices, branches and local units as
may be necessary for managing any of the affairs of the Foundation.
(15) Investing and dealing with all
money of the Foundation not immediately required in such securities, shares,
debentures and in such manner as shall from time to time be determined for the
benefit of the Foundation as may be permissible under the law and to create
reserve fund, insurance fund and depreciation fund thereto.
(16) Purchasing, taking on lease or on
allotment or hire or otherwise acquire, erect or adapt movable or immovable
properties for the time being and to sell, let out or hire all or any portion
of the same as considered necessary for attaining the objects of the
Foundation.
(17) Entering into any arrangement with
any government authority (Federal, Provincial, municipal, local or otherwise),
or any corporation, company or persons that may be conducive to the
Foundation's objectives and to obtain from any such government, authority,
corporation, company or person any charters, contracts, decrees,
rights, privileges and concessions which the Foundation may think desirable,
and to carry out, exercise and comply with any such charters, contracts,
decrees, rights, privileges and concessions.
(18) Opening accounts with bank or
banks or approved financial institutions and to draw, make, accept, endorse,
discount, execute and issue promissory notes, bills of exchange, cheques, bills
of lading, warrants, debentures, and other negotiable or transferable
instruments, concerning the business of the Foundation.
6. Cardinal Principles. The cardinal principles governing the whole operation
of the Foundation' shall be that Board shall-
(1) ensure that the resources of the
Foundation shall not be used for political patronage or for any other political
purposes.
(2) treat the income and monies of the
'Foundation', all of which shall be considered public assets, as a sacred trust
and it shall be their prime responsibility to administer and manage Foundation
with due diligence and transparent fiduciary responsibility and for the
purposes for which the Foundation has been established;
(3) ensure that as far as possible the
Foundation's operations are decentralized, subject to sound financial and
operational management principles, to facilitate access to the Foundation's
services by partner organizations in all the Federal Administered Areas.
(4) ensure that the resources of the
Foundation are only provided to well functioning, professionally managed
institution with transparent governance and financial management systems.
(5) ensure that financial assistance to
partner organizations and beneficiaries is based on sound principles of cost
sharing and sustainability, and financial viability where applicable.
7. Authorities of the Foundation.
I. Board of Governors:
(1) The Board shall consist of thirteen
members, including Chairperson, as under:---
(i) Four from
civil society i.e., NGO's Philanthropists, technocrats and academicians from
private sector,
(ii) Joint
Educational Adviser (concerned), Ministry of Education,
(iii)
Financial Adviser (Education), Ministry of Finance,
(iv) Vice-Chancellor Allama Iqbal Open University,
(v) “Eminent
educationists from ICT, FATA, FANA and AJK.” and
(vi)
Managing Director of the Foundation who shall be Member/Secretary;
(2) The Chairperson of the Board shall
be selected by the Search Committee to be constituted by the Ministry of
Education comprising members from the Ministry of Education, Ministry of
Finance and Planning and a renowned N.G.O. involved in educational development
which is not associated with the Foundation in running any of its programmes.
(3) There shall be Vice Chairman of the
Board who shall be selected by the Members from amongst themselves.
(4) In order to ensure gender balance
the Board may be composed of on equal number of men and women.
(5) The Members of the Board other than
ex-officio members shall hold office for a period of three years following the
date from which they were appointed as members and shall be eligible for
re-appointment on such terms and conditions as may be prescribed under the
rules. The Retiring members of the Board shall continue to perform their
functions until their successors are appointed. For the initial selection of
the members other than ex-officio members, Ministry of Education shall
constitute a special committee comprising of government and non-government
representatives for the selection.
(6) The Board shall meet at least twice
a year. The Chairperson or the Vice-Chairperson or any three Members of the
Board may at any time summon a meeting of the Board. Not less than seven days
notice shall be given to the members of any such meeting and the agenda and the
working papers for the meeting shall be circulated to the members with the
notice of such meetings.
(7) The Board shall be responsible for
management and administration of the affairs of the Foundation at policy level.
The Board may from time to time delegate any of its powers to a committee or
committees consisting of three or more members as it deems appropriate. Any
committee so formed shall conform to any regulations that may be made by the
Board and shall be governed in the exercise of the powers so delegated by the
provisions contained for regulating meeting and proceedings.
(8) The Chairperson of the Board in
consultation with members may invite advisers and experts by special invitation
to the meeting of the Board.
(9) The Managing
Director shall be the Chief Executive of the Foundation. The Managing Director
shall be a full time salary paid employee of the Foundation.
(10) The Board shall generally pursue
vision and mission of the Foundation for providing enabling education through
public private partnerships for disadvantaged groups and carry out the
objectives of the Foundation which includes promotion of education, capacity
building and Research and Development.
(11) The Board shall have the
responsibility to determine direction and scope of the activities of the
Foundation. It shall also have the responsibility to review, approve work plan,
projects, approving grants, donations, loans, contributions, technical
assistance to partner organizations, NGOs and others school operators and
Community Board Organisations.
(12) The Board shall review, revise and
approve the annual and supplementary budgets.
(13) The Board may exercise the powers
of the Foundation to acquire, borrow or to mortgage property or any part thereof
or to issue debentures or other securities.
(14) The Board may from time to time
and at any time appoint any company, organisation, NGO or person to be the
attorney or attorneys of the Foundation for such purposes including audit of
the Foundation and with such powers, authorities and discretions for such
period and subject to such conditions as the Board may deem appropriate.
(15) The Board shall record minutes to
be kept in bound volume provided for the purpose: (a) of names of the persons
present in each meeting of the Board and any committee of the Board; (b) of all
resolutions and proceedings at all meetings of Board and committees of the
Board. Every member present at any meeting of Board shall be provided minutes
for obtaining their consent.
(16) Minutes of the Board's meeting
shall be open for inspection by any member during office hours. Minutes of the
Executive Committee of all the meetings shall be presented in the next meeting
of the Board.
(17) The Board may meet on a tentative
agenda to be confirmed at the meeting, adjourn, or otherwise regulate its
meetings as it deems fit.
(18) The quorum necessary for the
transaction of the business of the Board shall be observed as simple majority.
(19) All questions
arising at a meeting of the Board shall be decided by simple majority of votes
to be given by a show of hands but the Chairperson may order, if so requested
by any member, that voting on any specific question shall be by secret ballot.
In the event of an equality of votes howsoever given the Chairperson shall have
a second or casting vote.
(20) The Chairperson of Board shall
preside at every Board's meeting: If at any meeting he is not present, the
Vice-Chairperson of the Board shall preside over the meeting and, failing him,
the members present may choose one of their member to be the Chairperson of the
meeting.
(21) A member of the board shall be
paid travelling, boarding, lodging and other expenses incurred by them in the
performance of their duties or business if any of them has to come to attend
the Board or general meeting of the Foundation from outstation.
(22) The Board may create, abolish or
suspend Foundation's posts as deemed necessary:---
Provided that initially the required
posts shall be created or abolished in consultation with the Finance Division.
(23) The Board may, from time to time
delegate to the Chairperson such of its powers as it may consider necessary;
provided that Chairperson in any emergency, which in his or her opinion
requires immediate action, may take such action, but the action taken shall be
reported to the Board in the next meeting.
(24) The Board may delegate any of its
powers to the Managing Director to enable him to carry out his functions.
(25) The Board may determine, revise
personal requirements, rules and salary structure of the Foundation employees
according to prevailing market and can also offer incentives to attract
competent professionals.
(26) The Board may approve, modify or
amend rules and regulations of the Foundation framed or recommended by Executive
Committee or Committee constituted for this purpose.
II. Executive Committee
(1) There shall be an Executive
Committee consisting of the following:---
(i) Managing
Director-Chairperson.
(ii) Joint Educational Advisor (concerned) Ministry of
Education or his nominee.
(iii)
Financial Advisor (Education) or his nominee.
(iv) Two
members to be nominated by BOG from NGO or civil society.
(2) Subject to the provisions of this
Ordinance and the Rules and Regulations made there under and the general or special
directions of the Board, the Executive Committee shall be the principal
administrative body of the Foundation responsible for executing all policies
and discharging all functions of the Foundation.
(3) The Executive Committee shall
perform the following functions:---
(i) Develop
criteria for financing enabling quality education programs in the country.
(ii) Review
and scrutinize proposals received from Private and Non-Governmental
Organizations, based on the eligibility criteria for financing the proposal.
(iii) Review
and approve various programs of the Foundation.
(iv) Scrutiny
of the budget and examining of audit, and accounts reports.
(v) Recommend
creation of posts or otherwise change in positions to the Board.
(vi) Any
other matter assigned to it by the Board.
(4) The Executive Committee shall meet
at least once in three months and or as and when required.
III. Managing Director:
(1) As an administrative head of the
Foundation, a Managing Director shall be appointed by Federal Government on recommendation
of the Board.
(2) The appointment of Managing
Director may be terminated by the Federal Government on advice of the Board in
accordance with the prescribed procedure.
(3) The Managing
Director shall hold office, and exercise such powers duties, obligations and
privileges as the Board may confer upon him from time to time and shall
accordingly in exercise of such powers delegated to him conform to any limits
and restrictions which may be imposed by the Board from time to time in this
respect. The Managing Director may exercise all such powers and do all acts and
things on behalf of the Foundation as he may be authorized to do by the Board.
(4) In case the post of the Managing
Director is vacant, an officer appointed by the Chairperson, shall act on his
behalf and exercise powers as delegated to him by the Chairperson from time to
time.
(5) The Managing Director shall be
responsible for the day to day management of the Foundation particularly for:
(i) ensuring
that the Foundation's Vision,
(ii) proper
administration of the affairs, funds and resources of the Foundation; and
(iii) making
to draw, endorse, sign, accept, negotiate and give all cheques, bills of
lading, drafts, orders, bills of exchange, promissory notes, and other
negotiable instruments as may be required by and be in the interest of the
Foundation.
(iv)
securing the fulfillment of any contract, agreements, engagements entered into
by the Foundation by mortgage or charge of all or any of the properties of the
Foundation from time to time or in such manner as he may think fit in the
interest of the Foundation.
(v)
appointing at his discretion through delegated powers by the Board, removing or
suspending officers and staff including secretaries, clerks and other
employees, either permanent or temporary, as he may, deem fit and to determine
their assignments and duties and fix their salaries or emoluments and he may
constitute committees for this purpose;
(vi)
instituting, conducting, defending or abandon any legal proceedings by or
against the Foundation or its officers or otherwise concerning the affairs of
the Foundation and also to compound and allow time for payment or satisfaction
of any debts due and of any claims or demands by or against Foundation and for
the purpose to appoint advocate (s);
(vii)
referring any claims or demands by or against the Foundation to arbitration and
observe and perform the awards;
(viii) exercising supervision and disciplinary control over
the work and conduct of all employees of the Foundation; and
(ix) any
other tasks as may be delegated by the Board.
(6) The Managing Director,---
(a) may in
writing delegate his powers, as he may consider necessary to any officer of the
Foundation;
(b) exercise
in respect of the Foundation such administrative and financial powers including
powers of delegation as may be delegated to him by the Board or the
Chairperson;
(c) submit
the annual work plan and budget of the Foundation to the Executive Committee
and the Board;
(d) operate
the accounts of the Foundation;
(e) prepare
the annual report of the Foundation for the Board;
(f) have
powers to incur miscellaneous, contingent expenditure within the budgetary
provision;
(g) exercise
powers of a controlling officer in respect of his own bills and the traveling
allowance bills of the employees of the Foundation; and
(h)
interacting with international agencies and donors, preparing and submitting
projects negotiating and executing partnership programs and projects with partner
organization.
8. Filling in casual vacancy. Any casual vacancy caused due to the permanent absence
of a member, other than ex-officio members, shall be filled by a person
nominated by the Federal Government and the person so nominate shall hold office
for the un-expired period of the term of his predecessor.
9. Resignation by a member of the
Board of Governors. A member of the
Board of Governors, other than an ex-officio member, may, at any time, resign
his office by letter addressed to the Chairperson provided that no resignation
shall take effect until it has been accepted by the Federal Government.
10. Foundation's
Fund.-(1) There shall be Foundation's
Fund to be known as the “Fund”, and the following shall be the sources of the
Fund, namely,---
(a) grants
made by the Federal Government;
(b) income
from investments made by the Foundation;
(c)
donations and endowments from national and international, organizations; and
(d)
revolving funds placed by the Federal Government and incomes from other sources.
(2) The Fund shall be kept in such
custody and shall be utilized and regulated in such manner as may be
prescribed.
(3) The accounts of the Foundation
shall be maintained in such form and manner as may be prescribed and shall be
audited by an auditor to be appointed by the Federal Government being a person
who is a Chartered Accountant within the meaning of the Chartered Accountants
Ordinance, 1961 (X of 1961).
(4) The Foundation shall, after the end
of every financial year, submit to the Board the audited annual statement of
accounts of the Foundation, together with the report of the auditor.
(5) The Foundation shall also submit to
the Board after the end of every year a report of its activities during that
year.
11. Appointment of officers,
employees etc. For the efficient
performance of its functions, the Foundation may appoint its employees, with
the prior approval of the Board on such terms and conditions as may be
prescribed.
12. Committees.-(1) The Board may constitute such financial,
technical, advisory and other committees which may be deemed necessary for
carrying out the purposes of this Ordinance.
(2) The composition and functions of a
committee shall be such as the Board may determine.
13. Authentication of decisions etc.
All decisions of the Board shall the
Board shall be authenticated by the signature of the Chairperson or of any
other member authorized by the Board in this behalf and all other orders or
instruments issued or executed by or on behalf of the Board shall be
authenticated by the signature of an officer of the Board authorized by it in
this behalf.
14. Rules. The Federal Government may, by notification in the
official Gazette, make rules for carrying out the purposes of this Ordinance.
15. Regulations. Subject to this Ordinance and the rules made
thereunder, the Board may, with the previous approval of the Federal
Government, make regulations for all matters not provided for in the rules for
which provision is necessary for carrying out the purposes of this Ordinance
and the rules.
16. Winding Up. The Foundation shall be wound up voluntarily whenever
a special resolution is passed by the Board and is so consented by the Authority.
17. Indemnity. No suit, prosecution or other proceedings shall lie
against any officer or employee of the Foundation or any other person
exercising any power or performing any function under this Ordinance or the
rules or regulations made thereunder for anything which is done in good faith.
18. Repeal. The National Education Foundation established under
Notification S.R.O. No. 487(I)/97, dated 26-06-1997, shall stand repealed.
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