Updated: Monday April 28, 2014/AlEthnien
Jamada El Thaniah 28, 1435/Somavara
Vaisakha 08, 1936, at 11:32:52 AM
[1][1]The
(Act V of 2010)
[24 February 2010.]
An Act to provide for the
establishment and management of the
Preamble.–
Whereas it is expedient to make provisions for the establishment and efficient
management of the Daanish Schools and Centers of Excellence in the Punjab with
a view to provide quality elementary, secondary and higher secondary education
to under privileged and other segments of the society and to provide for other
connected matters;
It is
enacted as follows:---
1. Short title, extent and
commencement.–
(1) This Act may be cited as the Punjab Daanish Schools and Centers of Excellence
Authority Act, 2010.
(2) It extends to the whole of the
(3) It shall come into force at once.
2. Definitions.– In this Act,---
(a) “administration” means the principal of
a School assisted by a head teacher and other staff meant for managing and
administering the affairs of the School;
(b) “antecedent verification committee” means
a committee established by the governing body to investigate, verify and
certify the antecedents of a student of a
(c) “Authority” means the
(d) “
(e) “Chairperson” means the Chairperson of
the Authority;
(f) “
(g) “disabled” means a person who has lost
total functionality of mind or of at least two of his limbs;
(h) “district” means the district as defined
in the Punjab Local Government Ordinance
2001 (XIII of 2001);
(i) “governing body” means a body appointed
by the Authority to manage, administer and run a School;
(j) “Government” means the Government of
the
(k) “household” means a nuclear family
residing at one place to the exclusion of any other family;
(l) “Member” means a Member of the
Authority;
(m) “Managing Director” means the Managing
Director of the Authority;
(n) “prescribed” means prescribed by the
rules or regulations made under the Act;
(o) “School” means a
(p) “student” means a student of a School and
includes a candidate for admission in a School;
(q) “teacher” includes the principal and an
employee of a School who is imparting instructions to the students; and
(r) “Town” or “Tehsil” means a Town or
Tehsil as defined in the Punjab Local Government Ordinance 2001 (XIII of 2001).
3. The
Authority.– (1) The Government shall
establish an Authority to be called the
(2) The Authority shall be a body corporate
having perpetual succession and a common seal with power to enter into contract
and shall, by the said name, sue and be sued.
(3) The Authority shall not dispose of an
immovable property without the prior approval of the Government.
(4) The Authority shall consist of,---
(a) Chief Minister of the
(b) Three Members of the Provincial Assembly Members
of
the
female
member of the Assembly] nominated
by
the Government;
(c) Chief Secretary of the Government; Member
(d) Senior Member, Board of Member
Revenue
of the Government;
(e) Secretary to the Government Member
Education
Department;
(f) Secretary to the Government Member
Finance
Department;
(g) Managing Director. Member
(5) The Chairperson may co-opt any
Government servant or any person from the private sector with experience in the
field of business, education, literature, academia, fine arts, public service,
social work or development sector, as Member of the Authority for a meeting or
for a specified period.
(6) The Government may nominate one of the
Members as Vice Chairperson of the Authority and the Chairperson may delegate
any of his powers or functions to the Vice Chairperson.
(7) The Authority may regulate its meetings
according to the procedure as it deems appropriate.
4. Powers
and functions of the Authority.– (1)
The Authority shall establish and ensure sustainable management of a School.
(2) The Authority shall:---
(a) provide instructions in a School as it
may deem fit;
(b) make provision for the advancement and
dissemination of knowledge in a School in such manner as it may determine;
(c) promote public education and awareness
of environmental issues through mass media and other means including seminars
and workshops;
(d) prescribe courses of studies for the
Centers of Excellence and
(e) inspect the
(f) co-operate with schools and public or
private organizations or institutions in such manner and for such purposes as
may be prescribed;
(g) institute and award scholarships,
exhibitions, medals and prizes under prescribed conditions;
(h) establish, maintain and control the halls
of residence of the students and approve or license hostels and lodgings of the
students;
(i) supervise and control the discipline of
the students;
(j) promote the extra-curricular and
recreational activities of students and make arrangements for promoting the
health and general welfare of the students;
(k) conduct internal examinations and
assessment of students;
(l) demand and receive such fees and other
charges as it may determine;
(m) receive, own and manage its property;
(n) create posts of teachers and other staff
for the efficient management and administration of the Schools;
(o) take disciplinary action against its
employees in the prescribed manner or in accordance with the law;
(p) prescribe code of conduct for the
Members, governing bodies, teachers and other employees of the Authority;
(q) conduct pre-service and in-service
training of teachers and other employees of the Authority;
(r) establish and maintain a website
containing information about its functions and update it at least on weekly
basis;
(s) affiliate a School with an examining
board, body or authority;
(t) pass its annual budget containing the
estimated receipts and expenditures; and
(u) perform such other functions as may be
prescribed or which are incidental to the above functions.
(3) The Authority may,---
(a) enter into a contract;
(b) acquire, hold or dispose of property;
(c) recommend measures to the Government for
improvement in the education system especially elementary, secondary and higher
secondary education;
(d) promote cooperation with the
international agencies and non-governmental organizations for the promotion of
quality elementary and secondary education in the
(e) conduct research in the field of
education, print or publish any book or other work; and
(f) exercise any other power ancillary to
the aforementioned powers or which is essential for performance of its
functions.
(4) The Authority may receive grants and
funds from the Government or from any other source and shall distribute these,
in line with the objects of the Act and principles of equity, need and
deservedness, amongst the governing bodies for establishing, managing, running,
expanding the Schools in the prescribed manner.
(5) The Authority may make any expenditure
out of the funds or grants received by it on its secretariat, a School or any
other purpose under the Act.
(6) The Authority may conduct a third party
performance evaluation in respect of a School and may publish the result of the
evaluation.
5. Managing
Director.– (1) The Government shall
appoint a person as the Managing Director who shall be the chief executive
officer of the Authority.
(2) The Government shall determine the terms
and conditions of service of the Managing Director.
(3) The Managing Director shall hold office
for a term of three years.
(4) The Government may remove the Managing
Director, during the tenure of his office, for reasons to be recorded in
writing.
(5) The Managing Director shall perform such
functions and exercise such powers as may be conferred or delegated by the Authority.
(6) The Managing Director may delegate any
of his powers or functions to a governing body or an employee of the Authority.
6. Secretariat
and Secretary.– (1) The Authority may
establish its secretariat with any number of posts and incidental costs as it
deems appropriate.
(2) The Government may appoint a person as
Secretary of the Authority in the prescribed manner.
7. Schools
and governing bodies.– (1) The
Authority shall, by notification, declare a School as
(2) The Authority shall, by notification,
appoint a governing body of a School for a period of two years.
(3) The governing body shall consist of five
or more members who, in the opinion of the Authority, possess sound moral and
financial integrity, enjoy an unquestioned and non-controversial reputation and
do not have any conflict of interest with the aims and objects of the School.
(4) The Authority shall nominate one of the
members of the governing body as Convener of the governing body.
(5) The Principal of a School shall be the
secretary of the governing body of the School.
(6) The Authority shall not appoint a
private person as member of more than two governing bodies.
(7) The Authority shall delegate
administrative and financial powers to the governing body and the
administration of a School in the prescribed manner.
(8) The Authority may, for reasons to be
recorded in writing, dissolve a governing body and appoint a new governing body
within three months of the dissolution of the governing body.
(9) If the Authority dissolves a governing
body, it may appoint any person as administrator of the School to look after
the affairs of the School till the appointment of the governing body.
8. Powers
of governing bodies.– Subject to the
overall supervision of the Authority, a governing body may,---
(i) receive charities and donations;
(ii) maintain accounts and finance of the
School;
(iii) make appointment of teaching and non
teaching staff of the School in the prescribed manner; and
(iv) administer day to day affairs of the
School through administration.
9. Admission
to Daanish Schools.– (1) The
governing body of a
(2) The governing body of a
(3) Subject to sub-section (2), the
governing body of a Daanish School shall admit the destitute, most deprived and
marginalized student, if the total combined gross income of the members of the
household of the student does not exceed six thousand rupees per month, or any
other amount as may be notified by the Authority and the student, in order of
precedence, falls in either of the following sub-categories:---
(a) he is orphan having lost both of his
parents and having no guardian or being taken care of by an elder sibling or a
member of extended family;
(b) he is orphan and living with his mother;
(c) his both parents are illiterate, the
parents do not own any immovable property and either of them is disabled;
(d) he has been a school dropout and his both
parents are illiterate and the parents do not own any immovable property;
(e) his both parents are illiterate, the
parents do not own any immovable property and do not have any fixed job or
source of income;
(f) he is not resident of a town, tehsil or
district headquarters and any of his parent is a semi-skilled or unskilled
menial village worker, and the parents do not own any immovable property and
are illiterate; and
(g) he is resident of a town, tehsil or
district headquarters and his household resides in a katcha house.
(4) The governing body of a
(5) The antecedent verification committee
shall determine the merit for admission in the School on the basis of criteria
mentioned in this section.
(6) The governing body may, for reasons to
be recorded in writing, alter or set aside a decision of the antecedent
verification committee if it finds that the decision is not based on the
criteria for admission.
10. Members
to act pro bono.– A member of a
governing body shall act pro bono and shall not receive any remuneration for
any service rendered as the member of the governing body.
11. Financial
management.– (1) A governing body
shall maintain the accounts of the School in the prescribed manner.
(2) The Authority shall appoint a firm of
chartered accountants for annual audit of accounts of a School.
(3) The Government may order a partial or
complete audit of account of a School and may take such action as it deems
necessary.
12. Fund.– (1) There shall be a Fund of the Authority, which
shall vest in the Authority and in which shall be credited all moneys received
by the Authority.
(2) The fund shall be kept in such custody
and shall be utilized and regulated in such manner as may be prescribed.
(3) The fund shall consist of:---
(a) grants made or loans advanced by the
Government or the Federal Government;
(b) aid and assistance, grants, advances,
donations and other non-obligatory funds received from any person, body or
entity, national or international agency;
(c) loans and advances obtained from the
financial institutions with the approval of the Government; and
(d) any other income received from any other
source.
(4) The Authority may receive, own and
maintain a property transferred to it by any person, body or organization.
13. Budget
and accounts.– (1) The Managing
Director shall prepare the annual budget of the Authority.
(2) The Managing Director shall, with the
approval of the Chairperson, place the budget proposals for approval before the
Authority at least thirty days prior to the commencement of a financial year.
(3) The accounts of the Authority shall be
maintained in such manner as may be prescribed.
14. Audit.– (1) The Government shall appoint a firm of chartered
accountants for the annual audit of accounts of the Authority.
(2) The firm of chartered accountants shall
submit the annual audit report of the Authority to the Government.
15. Reports.– (1) A governing body shall prepare an annual
performance report of the School for a year ending on 30th April.
(2) A governing body shall, before 31st May,
submit the annual performance report to the Authority for evaluation.
(3) The Authority shall prepare an annual
performance report for a financial year before 31st July and forward the report
to the Government.
(4) The Government shall, within ninety days
of the receipt of the report, submit a notice for laying the annual report in
the Provincial Assembly of the
16. Public
servants.– A person appointed, acting
or purporting to act in pursuance of any provision of this Act, shall be deemed
to be public servant within the meaning of section 21 of the Pakistan Penal
Code, 1860 (XLV of 1860).
17. Instructions
and guidelines.– (1) The Authority
may issue general or special instructions or guidelines to a governing body for
proper management of the School on any matter incidental to the functioning of
the School.
(2) The instructions or guidelines issued by
the Authority shall be binding on a governing body and administration.
18. Transfer
of Government employees.– (1) The
Government may, with the concurrence of the Authority, transfer the services of
any of its employees to the Authority.
(2) The Authority may, with the concurrence
of an employee and the Government, absorb the services of the employee into its
service.
(3) The terms and conditions of the service
of an employee transferred from the Government or absorbed in the service of
the Authority shall be such as may be prescribed.
19. Advisors,
consultants etc.– The Authority may
appoint such advisors, consultants or experts as may be necessary for the
efficient performance of its functions on such terms and conditions as may be
prescribed.
20. Rules.– The Government may, by notification, make rules for
carrying out the purposes of this Act.
21. Regulations.– Subject to the rules, the Authority may, by
notification, frame regulations to give effect to the provisions of the Act.
22. Dissolution
and savings.– (1) The Authority may
dissolve a Society by issuing a notification for dissolution of the Society.
(2) An asset or liability of a Society,
dissolved by the Authority, shall stand transferred to the Authority.
(3) The Authority shall transfer the assets
of a Society to a governing body in accordance with the provisions of this Act.
(4) A decision or action taken by any public
functionary or a Society, before the commencement of this Act, shall be deemed
to have been taken in good faith for the purposes of the Act.
(5) In this section, “Society” means a
society registered, before coming into force of this Act, under the Societies
Registration Act 1860 (XXI of 1860) for the purpose of establishment and
running a Daanish School.
23. Repeal.– The Punjab Education Authority Ordinance 1999 (LII
of 1999) is hereby repealed.
[1][1]This Act
was passed by the Punjab Assembly on 11 February 2010; assented to by the
Governor of the
[2][2]Inserted by the
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