|
|
THE PEF (CONDUCT OF BUSINESS) RULES, 2005
THE PEF (CONTRACT APPOINTMENT) RULES, 2005
THE PEF (FINANCE AND AUDIT) RULES, 2005
No.S.O.(S-VII)1-33/2004. In exercise of the powers conferred under Section
13 of the Punjab Education Foundation Act, 2004, the Government of the
Punjab is pleased to make the following rules:-
1. Short
Title and Commencement:-
| (1)
|
These
rules may be called the Punjab Education Foundation (Conduct
of Business) Rules, 2005.
|
(2) |
They shall
come into force at once. |
2. Definitions:-
| (a)
|
“Act”
means the Punjab Education Foundation Act, 2004;
|
| (b) |
“Board”
means the Board of Directors of the Foundation; |
| (c) |
“Chairperson”
means Chairperson of the Board; |
| (d) |
“Director” means
a person appointed by the Government as a Director under the
Act; |
| (e) |
“Foundation” means
the Punjab Education Foundation; |
| (f) |
“Fund” means the
Fund established under Section 10 of the Act; |
| (g) |
“Government” means
the Government of the Punjab; |
| (h) |
“Incentive” includes
honorarium, cash prize and certificate given to selected teachers
and schools and scholarships granted to students on merit; |
| (i) |
“Managing Director”
means the Managing Director of the Foundation; |
| (j) |
“Non-Governmental Organization”
means a non-governmental organization set up
for the objectives relating to social welfare, including the
promotion of education, and duly registered under the Voluntary
Social Welfare Agencies (Registration and Control) Ordinance,
1961, the Trust Act 1882; the Societies Registration Act 1860,
or the Companies Ordinance 1984 or any other law for the time
being enforced; and |
| (k) |
“Recipient” means
a non-governmental organization or any other private organization
or association of persons or an individual who receives any
assistance from the Foundation. |
3. Powers
and Duties of the Board of Directors:-
|
(a)
|
Determine the direction and scope of the activities of the Foundation;- |
|
(b)
|
Review and approve annual plans, projects, grants, loans, donations,
contributions, technical assistance to the partner organizations,
NGOs, private sector educational institutions and individuals;
|
|
(c)
|
Review, revise and approve the annual budgets, all actual receipts
and expenditures;
|
|
(d)
|
Acquire, borrow and mortgage property of the Foundation or any
part thereof or issue debt instruments or other securities;
|
|
(e)
|
Delegate any of its powers to the Managing Director;
|
|
(f)
|
Determine human resource requirements, salary structure and
incentives for the employees of the Foundation;
|
|
(g)
|
Recruit, dismiss, appoint, transfer and promote employee of
the Foundation;
|
|
(h)
|
Design instruments, interventions and development schemes in
thematic and programmatic areas, for the promotion and encouragement
of education in the province of Punjab to accomplish the functions
laid down in section 4 of the Act and to frame the governing
criteria for the execution of such instruments, interventions
and development schemes;
|
|
(i)
|
Constitute such financial, technical, advisory and other committees
as may be deemed necessary;
|
|
(j)
|
Raise funds through donations, grants, contributions, subscriptions
etc;
|
|
(k)
|
Receive funds from different sources for the promotion and encouragement
of education in the province and transfer savings in the form
of net receipts to the endowment fund account of the Foundation’
and
|
|
(l)
|
Evolve a criteria for ranking of private educational institutions.
|
| (2)
|
In
case the Board becomes non existent or non functional for any
reason, the Managing Director may, with the approval of the
Government, perform functions of the Board. |
4.
The Chairperson of the Board:-
The Chairperson
shall chair all the meetings of the Board.
5.
Responsibilities of the Managing Director:-
The Managing Director
shall:-
| (a)
|
Be
the Chief Executive of the Foundation and shall cause the orders
and decisions of the Board to be carried out; |
(b) |
Take all possible steps to ensure that the funds allocated to
the Foundation are spent on the purposes for which they are
provided; |
(c) |
Cause to be prepared and submit to the Board for approval, the
annual statement of account and budget estimates; |
(d) |
Convene all meetings of the Board under the direction of the
Chairperson, while preparing the agenda for meetings of Board
;
|
(e) |
Act as Secretary and record the minutes of the meeting of the
Board, maintain the records of the proceedings of the Board
and keep the minutes open for inspection by any member during
office hours;
|
(f) |
Exercise
all the executive, financial and administrative powers delegated
by the Board;
|
(g) |
Keep the Board informed of the progress of all development schemes
launched by the Foundation;
|
(h) |
Carry out all the duties as assigned to him from time to time
by the Board;
|
6.
Meetings of the Board of Directors:-
| (1)
|
The
Managing Director with the approval of the Chairperson, may
summon the meeting of the Board on such date or dates, as may
be specified. |
(2) |
Any three Directors may requisite the meeting of the Board to
consider the issue mentioned in the requisition notice and the
Managing Director shall summon the meeting within seven days
of the receipt of the requisition. |
(3) |
The Chairperson of the Board shall, when present, preside at
all meetings of the Board. In the absence of the Chairperson,
the meeting shall be presided by a Director nominated by the
Chairperson. In case due to unavoidable circumstances, the Chairperson
is unable to so nominate a Director, the directors shall elect
a Chairperson for that particular meeting. |
(4) |
Six Directors, including at least three Directors from private
sector, shall constitute the quorum. |
(5) |
A motion or a resolution may be moved without previous notice
with the permission of the Chairperson. |
(6) |
The Secretary shall record minutes of the meeting of the Board
and in his absence, the Chairperson may direct any other Director
to perform such function. The minutes so prepared shall be submitted
in the next meeting of the Board for confirmation. |
(7) |
All scheduled meetings of the Board shall be held and called on
a notice of one week. All emergency meetings shall be held and
called on a notice of two days. |
7.
Honorarium and Allowances:-
| (1)
|
The
Chairperson and the Members of the Board of Directors shall
not be entitled to any regular salary for their services except
a daily allowance if so decided by the Board. |
(2) |
The Directors shall, however, be entitled to actual travel expenses
and boarding and lodging for visits undertaken for the cause
of the Foundation. The Managing Director shall be the sanctioning
authority for such expenditures. |
8.
Resignation of Managing Director and the Chairperson:-
| (1)
|
The
Managing Director, may at any time, resign his office by addressing
a letter to the Chairperson. |
(2) |
The Chairperson, may at any time, resign his office by addressing
a letter to the Government. |
9.
Conditions for Provision of Grant-in-Aid and Loan:-
| (1)
|
Any
person, institution, association of persons including a NGO,
committed to the cause of education, may apply to the Foundation
for the grant in aid and loan. |
(2) |
The Board may either generally or in a specific case, determine
the terms and conditions on which the grant in aid and loan
may be provided by the Foundation. |
(3) |
Formal order for the sanction of grant in aid and loan shall
be issued by the Managing Director in the name of the recipient.
|
(4) |
The Board may waive off penalties imposed on account of default
of payments of installments, keeping in view any extenuating
circumstances or financial hardships of the recipient on a case
to case basis. Such cases shall be placed in the Board meeting
as an agenda item and the decision of the Board thereon shall
be final and binding. |
(5) |
The cases of loan/grant or grant converted into a loan advanced
by the Foundation prior to the notification of these rules,
shall be dealt with in accordance with the Punjab Education
Foundation rules, 1991. |
10.
Foundation Fund:-
| (1)
|
There
shall be a Fund to be known as the “Foundation Fund” which shall
vest in the Foundation and to which shall be credited-. |
|
|
(a)
|
Grants made by Government and the Federal Government;.
|
|
|
(b)
|
Income from investments made by the Foundation;
|
|
|
(c)
|
Donations and endowments;
|
|
|
(d)
|
Revolving funds placed by the Government at the disposal of
the Foundation;
|
|
|
(e)
|
Grants mad by the Local Bodies; and |
|
|
(f)
|
All other sums received by the Foundation 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. |
11.
Repeal:-
The
Punjab Education Foundation Tareeqa Kaar wa Tafweez e Ikhtiarat Qawaed,
1991 are hereby repealed.
SECRETARY
EDUCATION
NO.
& DATE EVEN.
| (1)
|
All
Administrative Secretaries, Govt. of the Punjab. |
(2) |
The Chairperson, Board of Directors, Punjab Education Foundation..
|
(3) |
All Directors of the Board of Directors, Punjab Education Foundation..
|
(4) |
All Vice Chancellors of the Universities in Punjab.
|
(5) |
The DPI Colleges/SE/EE.
|
(6) |
All Chairmen, Board of Intermediate and Secondary Education in
Punjab.
|
(7) |
The PS to Minister for Education, Govt. of the Punjab.
|
(8) |
The PS to Special Secretary (Higher Education), Govt. of the Punjab,
Education Department.
|
(9) |
The PS to Special Secretary (Schools), Govt. of the Punjab, Education
Department.
|
(10) |
The Managing Director, Punjab Education Foundation..
|
(11) |
Office File..
|
UNDER SECRETARY (S-VII)
TOP
No.S.O.(S-VII)1-33/2004. In exercise of the powers conferred under Section 13
of the Punjab Education Foundation Act, 2004, the Government of the Punjab is
pleased to make the following rules:-
1. Short Title and Commencement:-
| (1)
|
These
rules may be called the Punjab Education Foundation (Contract
Appointment) Rules, 2005.
|
(2) |
They shall
come into force at once. |
2. Definitions:-
| (1)
|
In
these rules, unless there is anything repugnant in the subject
or context-
|
|
(a)
|
“Act”
means the Punjab Education Foundation Act, 2004;
|
|
(b) |
“Appointing
Authority” means Managing Director of the
Foundation; |
|
(c) |
“Board” means
the Board of Directors of the Foundation; |
|
(d) |
“Contract Appointment”means
appointment made under specific agreement for a fixed period; |
|
(e) |
“Foundation”
means the Punjab Education Foundation; |
|
(f) |
“Government”
means the Government of the Punjab; |
|
(g) |
“Managing
Director” means the Managing Director of
the Foundation; |
|
(h) |
“Selection Committee”
means a committee to be constituted by the Board for recruitment
under these rules; |
|
(i) |
“Recipient”
means a non-governmental organization or any other private
organization or association of persons or an individual
who receives any assistance from the Foundation. |
| (2)
|
The
words and expressions used herein but not defined in these
rules shall have the same meanings as are assigned to them
in the Act.
|
3. EMPLOYMENT ON CONTRACT BASIS:-
| (a)
|
The
Foundation may employ on contract such persons who are otherwise
eligible for the post through an open and transparent selection
process. |
| (b)
|
Such
employment shall be made through the Selection Committee.
|
4. Condition of Appointment:-
No
person shall be eligible for appointment in the Foundation unless:-
| (a)
|
He
fulfills the eligibility criteria to be determined by the
Board;
|
| (b)
|
He
is declared medically fit by the medical officer to be nominated
by the Foundation; and
|
| (c)
|
His
personal Bio-data and certificates of service /qualifications,
references and any other information/particulars required
by the Foundation are found to be correct.
|
5. Method of Recruitment:-
The
Managing Director shall:-
| (1)
|
All
contract appointments shall be made
|
| |
(a) |
In accordance with the provisions of these rules; and
|
| |
(b) |
On the basis of merit. For this purpose, Selection Committee
shall invite applications through newspaper for appointment
under these rules.
|
| (2)
|
When
a post is created by the Board or the Managing Director,
the Appointing Authority shall forward a requisition to
the Selection Committee.
|
| (3)
|
Subject
to the approval of the Board, the Appointing Authority may
extend the contract and re-negotiate new terms and conditions
of the contractual appointment. |
| (4)
|
In
case a government servant applies for any such appointment
and is selected, the Foundation may request the Government
for borrowing the services of such servant. The terms and
conditions of such contract employees shall be settled by
the Board.
|
6. Terms and Conditions of Contract Appointment:-
| (1)
|
The
terms and conditions of contract appointment shall be settled
by the Appointing Authority.
|
| (2)
|
Without
prejudice to the generality of above said:-
|
| |
(a) |
Such appointment shall not confer any right for regular appointment; |
| |
(b) |
The Appointing Authority may, without assigning any reason,
terminate services of the contract employee on one month’s
notice or one month’s pay in lieu thereof;
|
| |
(c) |
The contract employee may resign from the service by giving
one month’s notice or one month’s salary in lieu thereof;
|
| |
(d) |
The appointment shall be non pensionable; and
|
| |
(e) |
All contract employees shall be governed by the rules and
regulations of the Foundation.
|
| |
(f) |
The contract appointment shall be post specific. The appointee
may not claim any right for transfer from one post to another.
He may, however, be transferred anywhere in the province of
Punjab.
|
| |
(g) |
Contract employees shall have to undergo essential training
programs, if deemed necessary.
|
| |
(h) |
In case a loss is caused to the Foundation by any act of
the contract employee, the contract may be liable to be
terminated by the Foundation and the loss so caused may
be recovered from such employee as arrears of land revenue.
|
7. Leave:-
| (a)
|
Casual
leave not exceeding 24 days per year shall be admissible.
More than 10 days leave at one time shall not be allowed.
|
(b) |
In case of female employees, 90 days maternity leave with
pay, once in the tenure of five years shall be admissible. |
(c) |
Leave on medical ground without pay shall be admissible
on production of medical certificate by the competent authority
as per Punjab Medical Attendance Rules, 1959. However, if
medical leave continues beyond 3 months, the contract shall
be liable to be terminated.
|
(d) |
The person appointed against non-vacational post shall earn
10 days leave per year to be availed by him during the tenure. |
(e) |
The employee may request encashment of annual leave if not
allowed during the preceding year. However, leave may not
be accrued. |
8. Contribution towards General Provident Fund, Benevolent Fund and Group Insurance:-
| (1)
|
Subject
to Sub Rule (2) below, contract employee, shall not contribute
towards G.P.Fund, Benevolent Fund and Group Insurance. |
(2) |
A civil servant when appointed on contract under these rules
shall contribute towards Benevolent Fund and Group Insurance
as per prevailing rules. |
9. Performance Evaluation:-
The
performance and evaluation of the contract employee shall be assessed
on the basis of attitudes, work output, efficiency, conduct, dedication,
and service delivery and the performance by the management.
10. Traveling Allowance/Daily Allowance:-
Subject to the Punjab Education Foundation Service Regulations,
11. Repeal:-
The
Punjab Education Foundation Tareeqa Kaar wa Tafweez e Ikhtiarat Qawaed,
1991 are hereby repealed.
| (a)
|
A contract employee shall be entitled to such traveling
allowance and daily allowance as may be applicable to the
regular employees of his scales; and. |
| (b)
|
When
appointed on a package other than normal pay scale, traveling
allowance and daily allowance shall be admissible as per
the pay package.
|
SECRETARY
EDUCATION
NO.
& DATE EVEN.
| (1)
|
All
Administrative Secretaries, Govt. of the Punjab. |
(2) |
The Chairperson, Board of Directors, Punjab Education Foundation.
|
(3) |
All Directors of the Board of Directors, Punjab Education Foundation.
|
(4) |
All Vice Chancellors of the Universities in Punjab.
|
(5) |
The DPI Colleges/SE/EE.
|
(6) |
All Chairmen, Board of Intermediate and Secondary Education
in Punjab.
|
(7) |
The PS to Minister for Education, Govt. of the Punjab.
|
(8) |
The PS to Special Secretary (Higher Education), Govt. of the
Punjab, Education Department.
|
(9) |
The PS to Special Secretary (Schools), Govt. of the Punjab,
Education Department.
|
(10) |
The Managing Director, Punjab Education Foundation.
|
(11) |
Office File.
|
UNDER
SECRETARY (S-VII)
TOP
No.S.O.(S-VII)1-33/2004. In exercise of the powers conferred under Section 13 of the
Punjab Education Foundation Act, 2004, the Government of the Punjab is pleased to
make the following rules:-
1. Short Title and Commencement:-
| (1)
|
These
rules may be called the Punjab Education Foundation (Finance
and Audit) Rules, 2005.
|
(2) |
They
shall come into force at once. |
2. Definitions:-
| (1)
|
In
these rules, unless there is anything repugnant in the
subject or context-
|
|
(a)
|
“Act”
means the Punjab Education Foundation Act, 2004;
|
|
(b) |
“Board”
means the Board of Directors of the Foundation; |
|
(c) |
“Chairperson”
means Chairperson of the Board;
|
|
(d) |
“Director” means
the Director of the Board;
|
|
(e) |
“Foundation”
means the Punjab Education Foundation; |
|
(f) |
“Fund” means
the Fund established under Section 10 of the Act;
|
|
(g) |
“Government”
means the Government of the Punjab; and |
|
(h) |
“Managing Director”
means the Managing Director of the Foundation.
|
| (2)
|
The
words and expressions used herein but not defined in these
rules shall have the same meanings as are assigned to
them in the Act.
|
3. Funds of the Foundation:-
The funds and accounts of the Foundation shall be
maintained on Financial Year basis under the order of the Board.
4. Responsibilities of the Managing Director:-
Subject
to the Government Policy, all the funds shall be placed in the name
of the Foundation in the banks approved by the Board, in the following
heads;
| (a)
|
Current
Account;
|
(b) |
Savings Account;
|
(c) |
Term Deposit Account; |
(d) |
Welfare Fund Account;
|
(e) |
Special Waqf Fund;
|
(f) |
General
Provident Fund Account;
|
(g) |
Pension and Commutation Fund Account;
|
(h) |
Endowment Fund Account; and |
(i) |
Any other financial head to be determined by the Board
from time to time.
|
5. Meetings of the Board of Directors:-
All assets of the Foundation shall be in the name of the Foundation. The Chairperson and Managing Director, on the recommendation of Finance Committee and approval of the Board, shall be authorized to jointly exercise all the powers which are deemed necessary for this purpose.
6. Deposits of recovered amounts:-
| (1)
|
The
Foundation shall receive funds in the form of bank draft/pay
order in its name.
|
(2) |
The amounts received in cash by any authorized representative
of the Foundation shall be deposited in the respective
head of the bank account immediately and shall not be
used for any other purpose.
|
7. Payment from the Foundation Fund :-
No payment shall be made from the Fund until it is approved by the Managing Director or other officer authorized by the Board in this behalf.
8. Procedure of Payment:-
All
payments shall be made through crossed cheques duly signed by the
two officers authorized by the Board in this behalf. The Managing
Director shall be the authorized officer for payment of petty cash
upto rupees five thousand.
9. The Expenditure from Budget Estimates :-
| (1)
|
All
the expenditures shall be incurred according to the amounts
allocated in the annual budget duly approved by the Board. |
| (2)
|
Subject
to the approval of the Finance Committee and its ratification
by the Board, the Managing Director may re-appropriate
funds from different budgetary heads. |
| (3)
|
The
Managing Director may authorize all payments/expenditures
laid down in budget and any other expenditure approved
by the Board from time to time.
|
10. Budget :-
The
Managing Director shall be responsible for getting the actual income
& expenditure statements of the current financial year and budget
estimates for the next financial year proposed for placement before
the Board for approval at the end of current financial year.
11. Audit:-
The
Managing Director shall get the accounts of the Foundation audited
by a Chartered Accountant appointed under the Act.
12.
At
the close of a each financial year, the Managing Director shall
place the annual statement of accounts of the Foundation along with
the report of the Auditor to the Board through the Finance Committee.
13.
Any
dispute between the Managing Director and the Auditor regarding
the implementation of rules or regulations framed under the Act,
shall be referred to the Board, whose decision thereon shall be
final.
14. Accounts of Foundation:-
The following registers of account and forms shall be maintained at the offices of the Foundation:-
| (1)
|
Foundation
Fund |
| |
(a)
|
Cash
Book
|
| |
(b)
|
Category
wise receipt register
|
| |
(c) |
Category
wise expenditure register
|
| |
(d) |
Bank
Pass Book
|
| (2)
|
Pension/Commutation |
| |
(a)
|
Cash
Book
|
| |
(b)
|
Ledger
|
| |
(c) |
Bank
Pass Book
|
| (3)
|
Specific
Reserved Fund |
| |
(a)
|
Cash
Book
|
| |
(b)
|
Separate
ledger for each specific account
|
| |
(c) |
Bank
Pass Book/Books
|
| (4)
|
General
Provident Fund |
| |
(a)
|
Cash
Book
|
| |
(b)
|
Ledger
for personal accounts
|
| |
(c) |
Other
Books of Accounts (if any)
|
15.
Head wise vouchers of expenditure shall be maintained for at least ten years. Vouchers more than ten years old may be destroyed at the discretion of the Board but the accounts and documents of Auqaf, gifts and donations shall remain part of the permanent record.
16.
For maintenance and implementation of the accounts of Foundation, the Board may give any direction to the Managing Director.
16. Repeal:-
The
Punjab Education Foundation (Maliyaat Wa Hisabaat) Qawaed, 1991
are hereby repealed
.
SECRETARY
EDUCATION
NO.
& DATE EVEN.
| (1)
|
All
Administrative Secretaries, Govt. of the Punjab. |
(2) |
The Chairperson, Board of Directors, Punjab Education Foundation..
|
(3) |
All Directors of the Board of Directors, Punjab Education
Foundation..
|
(4) |
All Vice Chancellors of the Universities in Punjab.
|
(5) |
The DPI Colleges/SE/EE.
|
(6) |
All Chairmen, Board of Intermediate and Secondary Education
in Punjab.
|
(7) |
The PS to Minister for Education, Govt. of the Punjab.
|
(8) |
The PS to Special Secretary (Higher Education), Govt. of
the Punjab, Education Department.
|
(9) |
The PS to Special Secretary (Schools), Govt. of the Punjab,
Education Department.
|
(10) |
The Managing Director, Punjab Education Foundation.
|
(11) |
Office File.
|
UNDER
SECRETARY (S-VII)
TOP
© Copyright Punjab
Education Foundation 1991-2008
All rights reserved®
Recommended
Resolution 1024 by 768 Pixels
|
