Updated: Monday December 24, 2007
The
(W.P.
Ordinance XLI of 1962)
C O N T E N T S
Sections
1. Short
title, extent and commencement.
2. Definitions.
3. Establishment
and incorporation.
4. Constitution
of the Board.
5. Chairman.
6. Disqualification
and removal of Directors.
7. Meetings
of the Board.
8. Controlling
Authority.
9. Powers
of the Controlling Authority.
10. Advisory
Council.
11. Powers
and duties of the Board and the framing of schemes.
12. Committees.
13. Officers
and servants.
14. Duties
of officers and servants.
15. Recruitment
and conditions of services and disciplinary powers.
16. Provident
Fund or Pension.
17. Delegation
of powers to Chairman, etc.
18. Immunity
of the Board and its employees.
19. Board
to be local authority.
20. Budget
estimates.
21. Maintenance
of accounts.
22. Submission
of yearly reports and returns.
23. Audit.
24. Regulations.
25. Power
of the Board to make rules.
26. Validation.
27. Protection
of acts and orders.
28. Validation
of certain acts, etc.
SCHEDULE
[1][1]THE [2][2][
(W.P. Ordinance XLI of 1962)
[
An
Ordinance to provide for the establishment of the [3][3][
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 [4][4][
(2) It extends to the whole of the province
of [5][5][the
(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;
(b) “Board” means the [7][7][Punjab Text-Book Board] established under
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 [8][8][Provincial Government of the
(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 known as the [9][9][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][10][4. Constitution of the Board.— (1) The Board shall consist of a Chairman
and two whole-time 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 Text-Book 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.]
[11][11][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 [12][12][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 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) [13][13][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 [14][14][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][15][Chairman or] Director.
8. Controlling Authority.— The Governor of [16][16][the
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;
[17][17][(ii) the Director of Education in the
(iii) the Chairmen of the Boards of Intermediate and
Secondary Education in [18][18][the
(iv) the Vice-Chancellor of a University in [19][19][the
(2) The quorum for a meeting of the Advisory
Council shall be [20][20][five].
(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 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) 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 [21][21][the Punjab] so as to make the text-books 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
(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.
[22][22][(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][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.
[24][24][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
[25][25][
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][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 [27][27][four hundred rupees] per mensem;
(iv) appoint employees whose grades carry an
initial salary of less than [28][28][four hundred rupees] per mensem [29][29][;] [30][30][and];
[31][31][(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 [32][32][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][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][34][
[1][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][2]Substituted by the
[3][3]Ibid.
[4][4]Ibid.
[5][5]Ibid.
[6][6]Substituted by the
[7][7]Substituted
by the
[8][8]Substituted by the
[9][9]Substituted by the
[10][10]Substituted ibid.
[11][11]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).
[12][12]Inserted ibid.
[13][13]Substituted by the West
Pakistan Text Book Board (Punjab Amendment) Ordinance, 1971 (V of 1971), for
“Each Director including the Chairman”.
[14][14]Inserted ibid.
[15][15]Ibid.
[16][16]Substituted by the
[17][17]Substituted by the
[18][18]Substituted by the
[19][19]Ibid.
[20][20]Substituted, for “eight”, by
the West Pakistan Text Book Board (Punjab Amendment) Ordinance, 1971 (V of
1971).
[21][21]Substituted by the
[22][22]Substituted by the
[23][23]Added ibid.
[24][24]Added by the
[25][25]Substituted by the
[26][26]Substituted for “three
hundred rupees”, by the West Pakistan Text Book Board (Punjab Amendment)
Ordinance, 1971 (V of 1971).
[27][27]Ibid.
[28][28]Ibid.
[29][29]Substituted ibid., for the full-stop.
[30][30]Added ibid.
[31][31]Ibid.
[32][32]Substituted by the West
Pakistan Text Book Board (Punjab Amendment) Ordinance, 1971 (V of 1971), for
“three hundred rupees”.
[33][33]Substituted by the
[34][34]Ibid.
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