Updated: Tuesday December 24, 2013/AthThulatha
Safar 21, 1435/Mangalavara
Pausa 03, 1935, at 03:24:17 PM
[1][1]The [2][2][
(W.P. Ordinance XI of 1960)
[
An
Ordinance to establish Boards of Governors for Government educational and
training institutions in [3][3][the
Preamble.– WHEREAS it is expedient to establish Boards
of Governors for some Government educational and training institutions in [4][4][the
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 and application.– (1) This Ordinance may be called the [5][5][
(2) It shall apply[6][6] to such institutions and from such date as
may be notified by Government.
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) “Board” means the Board of Governors of an
institution;
(b) “Chairman” means the Chairman of the Board;
(c) “institution” means an educational or training
institution notified by Government under sub-section (2) of section 1 and
includes an establishment or organization attached thereto;
(d) “Government” means the [7][7][Provincial Government of the
(e) “member” means a member of the Board;
(f) “prescribed” means prescribed by rules or
regulations made under this Ordinance;
(g) “Principal” means the principal
officer-in-charge of an institution.
3. Incorporation.– (1) For the efficient management and control
of an institution there shall be established a Board of Governors.
(2) The Board shall be a body corporate,
shall have perpetual succession and a common seal, with power to enter into contracts
and to acquire and hold property, movable and immovable, and shall in its
corporate name sue and be sued.
4. Constitution
of the Board.– [8][8][(1) The Board shall consist of not less than nine
members to be appointed by the Governor of the
(2) One of the members shall be appointed by
the [9][9][Governor of the
[10][10][(2-a) One
of the members may be appointed by the Governor of the
(3) Official members, if any, shall be
appointed by designation.
(4) Non-official members, if any, shall hold
office for a period of three years and shall be eligible for re-appointment.
5. Removal of a member.– The [11][11][Governor of the
6. Secretary.– The Principal shall be the Secretary of the
Board.
7. Meetings of the Board.– The meetings of the Board shall be held at
such times and at such places and in accordance with such procedure as may be
prescribed.
8. General
Powers of the Board.– Subject to the other provisions of this ordinance the
Board shall have full powers to administer and manage an institution and in
particular in respect of the following matters:-
(a) to acquire and dispose of property and
generally to enter into contracts, in conformity with the purposes of this
Ordinance;
(b) recruitment and determination of the terms and
conditions of service of the principal and other members of the staff of the
institution and of other officers and servants of the Board;
(c) to formulate the budget of the institution for
approval of Government;
(d) to set up an Executive
Committee and other Standing Committees as may be required for carrying out the
purposes of this Ordinance;
(e) to delegate powers to the Chairman, the
Executive Committee, Standing Committee, the Principal, the staff of the
institution and other officers and servants of the Board.
(f) to frame, subject to the approval of
Government, regulations for the conduct of business of the Board.
9. Transitional provisions regarding
staff.– Any person serving
in connection with the affairs of the province, in an institution in any
capacity immediately before the day notified under sub-section (2) of section 1,
hereinafter referred to as the “said day”, may be transferred by Government for
service under the Board on such terms and conditions as Government may
determine; provided that such terms and conditions shall not be less favourable
than those admissible to him under Government; provided further that no such
person shall be dismissed, removed from service or reduced in rank by an
authority subordinate to that by which he was appointed.
10. Property.– All property, movable
or immovable, vesting in Government in connection with the affairs of the
institution immediately before the said day shall vest in the Board. In the
event of Government rescinding the notification made under sub-section (2) of
section 1, the property vesting in the Board shall stand transferred to
Government.
11. Board Fund.– (1) There shall be a fund to be known as
“Board Fund” vested in the Board.
(2) The Board Fund shall consist of–
(a) grants-in-aid made by Government;
(b) loans obtained from Government;
(c) loans raised by the Board with the special or
general sanction of Government;
(d) foreign aid and loans
obtained by the Board with the sanction of and on terms and conditions approved
by Government;
(e) fees and other sums received by the Board.
(3) All moneys at the credit of the Board
shall be kept in such custody as may be prescribed.
(4) The Board Fund shall be utilized by the
Board in connection with its functions under this Ordinance, including the
payment of salaries and other remunerations of the Principal and the staff of
the institution and of officers and servants appointed under this Ordinance.
12. Maintenance of accounts.– The Board shall maintain complete and
accurate books of accounts in such form as may be prescribed.
13. Annual financial statement.– The Board shall submit a statement of
estimated receipts and expenditure in respect of the next financial year to
Government for approval, at such time and in such manner as may be prescribed
and shall give effect to any modifications made therein by Government.
14. Returns and
statements.– (1) As soon as may be after the close of every financial year but not
later than the last day of September next following, the Board shall submit to
Government for approval a report on the conduct of the affairs of the Board for
that year.
(2) Government may require the Board to
furnish Government with–
(a) any return, statement,
estimate, statistics or other information or report regarding any matter under
the control of the Board, or
(b) a copy of any document in the charge of the
Board,
and the Board shall comply with every such
requisition.
15. Audit.– (1) The accounts of the Board shall be audited in such manner as may
be prescribed.
(2) Copies of the audit report shall be sent
to the Board and with the comments of the Board to Government.
(3) The Board shall carry out any directive
issued by Government for rectification of audit objection.
16. Chairman, and
members, and employees to be public servants.– The Chairman and the
members of the Board, the members of the Executive Committee and the Standing
Committees constituted under this Ordinance, the officers and the servants of
the institution and other officers and servants appointed under this Ordinance
shall be deemed to be public servants within the meanings of section 21 of the
Pakistan Penal Code[12][12].
17. Power to make rules.– (1) Government may make rules for carrying
out the purposes of this ordinance.
(2) In particular and without prejudice to
the generality of the foregoing power, such rules may provide for–
(a) the terms and conditions on which Government
servants may be transferred to the Board;
(b) the frequency of meetings of the Board and the
procedure that shall be followed at such meetings;
(c) the forms and registers for keeping the
accounts;
(d) the manner in which and the time at which the
annual financial statement shall be submitted to Government for approval;
(e) the returns, statements, estimates,
statistics, information or reports which may be submitted to Government;
(f) the manner in which the accounts of the Board
shall be audited;
(g) the custody in which the Board Fund shall be
kept;
(h) any other matter required under the provisions
of this Ordinance to be prescribed.
18. Regulations.– (1) The Board may, subject to the approval
of Government, frame regulations not inconsistent with the provisions of this
Ordinance and the rules made thereunder, to carry out the purposes of this
Ordinance.
(2) In particular and without prejudice to
the generality of the foregoing power, such regulations may provide for–
(a) the notice on which an ordinary or special
meeting may be convened;
(b) the time and place at which meetings of the
Board may be held;
(c) the manner in which the minutes shall be
circulated and confirmed;
(d) the manner in which an Executive
Committee or a Standing Committee shall be constituted and the powers and
functions that may be exercised and performed by the Committee;
(e) the recruitment, tenure of office, terms and
conditions of service of the officers and servants appointed by the Board;
(f) the delegation of administrative and
financial powers to the Executive Committee, Standing Committee, or other
officers and servants of the Board;
(g) the manner in which the funds shall be
disbursed;
(h) any
other matter required under any of the provisions of this Ordinance to be
prescribed.
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on 2nd April, 1960; published in
the West Pakistan Gazette (Extraordinary), dated 6th April, 1960; pages
1661-66; saved and given permanent effect by Article 225 of the Constitution of
the Islamic Republic of Pakistan (1962).
[2][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1. of 1974), for “
[3][3]Ibid.
[4][4]Ibid.
[5][5]Ibid.
[6][6]It was applied to
It was also applied to the
Also applied to the
[7][7]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1. of 1974), for “Government of
[8][8]Substituted by the
[9][9]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1. of 1974), for “Governor of
[10][10]Added by
the Punjab Government Educational and Training Institutions (Amendment)
Ordinance, 2002 (XXXVI of 2002), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[11][11]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1. of 1974), for “Governor of
[12][12]XLV of 1860.
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