1. Short title, extent and commencement.
3. Establishment and incorporation.
4. Constitution of the Board.
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.
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.
25. Power of the Board to make rules.
27. Protection of acts and orders.
28. Validation of certain acts, etc.
PUNJAB TEXT-BOOK BOARD
(W.P. Ordinance XLI of 1962)
7th June 1962
An Ordinance to provide for
the establishment of the Punjab Text-Book Board
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 Punjab Text Book Board Ordinance, 1962.
(2) It extends to the whole of the province of the Punjab, except the Tribal Areas.
(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 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 Provincial Government of the Punjab;
(g) “Head of an institution” means the Principal of an Intermediate College or the Headmaster or Headmistress of a school, as the case may be;
(h) “institution” means an Intermediate College or a School;
(i) “Intermediate College” means an institution recognised for imparting instruction to Classes XI and XII and includes an institution imparting instruction to Classes IX to XII;
(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 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.
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.
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 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 Pakistan.
(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) 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 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 Chairman or Director.
8. Controlling Authority : — The Governor of the Punjab or his nominee shall be the Controlling Authority of the Board.
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;
(ii) the Director of Education in the Punjab and the Director, Education Extension and Specialised Services, Punjab;
(iii) the Chairmen of the Boards of Intermediate and Secondary Education in the Punjab; and
(iv) the Vice-Chancellor of a University in the Punjab or his nominee, by rotation one-year basis.
(2) The quorum for a meeting of the Advisory Council shall be 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 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;
(iii) maps, charts, diagrams and other documents of that nature;
(iv) educational journals and periodical literature on education published in Pakistan and other countries;
(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 : —
(d) such other officers as may the appointed by the Chairman.
(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.
(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.
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.
THE FIRST REGULATIONS OF THE
PUNJAB TEXT-BOOK BOARD
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 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 four hundred rupees per mensem;
(iv) appoint employees whose grades carry an initial salary of less than four hundred rupees per mensem ; and;
(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 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 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 Punjab Text-Book Board Ordinance, 1962, the Rules and Regulations made thereunder, by Auditors appointed by Government for this purpose. It shall be the duty of the Secretary to move Government well in time to appoint the Audit agency in the first instance.