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PEF Rules 2005


THE PEF (CONDUCT OF BUSINESS) RULES, 2005

GOVERNMENT OF THE PUNJAB EDUCATION DEPARTMENT
26th October, 2005

NOTIFICATION

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:-
    1. “Act” means the Punjab Education Foundation Act, 2004;
    2. “Board” means the Board of Directors of the Foundation;
    3. “Chairperson” means Chairperson of the Board;
    4. “Director” means a person appointed by the Government as a Director under the Act;
    5. “Foundation” means the Punjab Education Foundation;
    6. “Fund” means the Fund established under Section 10 of the Act;
    7. “Government” means the Government of the Punjab;
    8. “Incentive” includes honorarium, cash prize and certificate given to selected teachers and schools and scholarships granted to students on merit;
    9. “Managing Director” means the Managing Director of the Foundation;
    10. “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
    11. “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:-
    1. The Board may:-
      1. Determine the direction and scope of the activities of the Foundation;-
      2. Review and approve annual plans, projects, grants, loans, donations, contributions, technical assistance to the partner organizations, NGOs, private sector educational institutions and individuals;
      3. Review, revise and approve the annual budgets, all actual receipts and expenditures;
      4. Acquire, borrow and mortgage property of the Foundation or any part thereof or issue debt instruments or other securities;
      5. Delegate any of its powers to the Managing Director;
      6. Determine human resource requirements, salary structure and incentives for the employees of the Foundation;
      7. Recruit, dismiss, appoint, transfer and promote employee of the Foundation;
      8. 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;
      9. Constitute such financial, technical, advisory and other committees as may be deemed necessary;
      10. Raise funds through donations, grants, contributions, subscriptions etc;
      11. 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
      12. 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:-
    1. Be the Chief Executive of the Foundation and shall cause the orders and decisions of the Board to be carried out;
    2. Take all possible steps to ensure that the funds allocated to the Foundation are spent on the purposes for which they are provided;
    3. Cause to be prepared and submit to the Board for approval, the annual statement of account and budget estimates;
    4. Convene all meetings of the Board under the direction of the Chairperson, while preparing the agenda for meetings of Board ;
    5. 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;
    6. Exercise all the executive, financial and administrative powers delegated by the Board;
    7. Keep the Board informed of the progress of all development schemes launched by the Foundation;
    8. 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-.
      1. Grants made by Government and the Federal Government;.
      2. Income from investments made by the Foundation;
      3. Donations and endowments;
      4. Revolving funds placed by the Government at the disposal of the Foundation;
      5. Grants mad by the Local Bodies; and
      6. 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)

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THE PEF (CONTRACT APPOINTMENT) RULES, 2005

GOVERNMENT OF THE PUNJAB EDUCATION DEPARTMENT
26th October, 2005

NOTIFICATION

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-
      1. “Act” means the Punjab Education Foundation Act, 2004;
      2. “Appointing Authority” means Managing Director of the Foundation;
      3. “Board” means the Board of Directors of the Foundation;
      4. “Contract Appointment”means appointment made under specific agreement for a fixed period;
      5. “Foundation” means the Punjab Education Foundation;
      6. “Government” means the Government of the Punjab;
      7. “Managing Director” means the Managing Director of the Foundation;
      8. “Selection Committee” means a committee to be constituted by the Board for recruitment under these rules;
      9. “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:-
    1. The Foundation may employ on contract such persons who are otherwise eligible for the post through an open and transparent selection process.
    2. Such employment shall be made through the Selection Committee.
  4. Condition of Appointment:-
    No person shall be eligible for appointment in the Foundation unless:-
    1. He fulfills the eligibility criteria to be determined by the Board;
    2. He is declared medically fit by the medical officer to be nominated by the Foundation; and
    3. 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
      1. In accordance with the provisions of these rules; and
      2. 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:-
      1. Such appointment shall not confer any right for regular appointment;
      2. 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;
      3. The contract employee may resign from the service by giving one month’s notice or one month’s salary in lieu thereof;
      4. The appointment shall be non pensionable; and
      5. All contract employees shall be governed by the rules and regulations of the Foundation.
      6. 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.
      7. Contract employees shall have to undergo essential training programs, if deemed necessary.
      8. 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:-
    1. Casual leave not exceeding 24 days per year shall be admissible. More than 10 days leave at one time shall not be allowed.
    2. In case of female employees, 90 days maternity leave with pay, once in the tenure of five years shall be admissible.
    3. 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.
    4. The person appointed against non-vacational post shall earn 10 days leave per year to be availed by him during the tenure.
    5. 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.
    1. 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.
    2. 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)

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THE PEF (FINANCE AND AUDIT) RULES, 2005

GOVERNMENT OF THE PUNJAB EDUCATION DEPARTMENT
26th October, 2005

NOTIFICATION
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-
      1. “Act” means the Punjab Education Foundation Act, 2004;
      2. “Board” means the Board of Directors of the Foundation;
      3. “Chairperson” means Chairperson of the Board;
      4. “Director” means the Director of the Board;
      5. “Foundation” means the Punjab Education Foundation;
      6. “Fund” means the Fund established under Section 10 of the Act;
      7. “Government” means the Government of the Punjab; and
      8. “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;
    1. Current Account;
    2. Savings Account;
    3. Term Deposit Account;
    4. Welfare Fund Account;
    5. Special Waqf Fund;
    6. General Provident Fund Account;
    7. Pension and Commutation Fund Account;
    8. Endowment Fund Account; and
    9. 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
      1. Cash Book
      2. Category wise receipt register
      3. Category wise expenditure register
      4. Bank Pass Book
    2. Pension/Commutation
      1. Cash Book
      2. Ledger
      3. Bank Pass Book
    3. Specific Reserved Fund
      1. Cash Book
      2. Separate ledger for each specific account
      3. Bank Pass Book/Books
    4. General Provident Fund
      1. Cash Book
      2. Ledger for personal accounts
      3. 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.
  17. 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)

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