ORDINANCE XIX OF 1961

18th August 1961

An Ordinance to establish a Board of
Intermediate and Secondary Education at Peshawar

No. Leg. 3 (19)/61.-The following Ordinance by the Governor of West Pakistan is hereby published for general Information:-

Preamble.-Whereas It is expedient to establish a Board of Intermediate and Secondary Education at Peshawar ;

Now, therefore, in pursuance of the Presidential Proclamation of the seventh day of October 1958, and having received the previous instructions of the President, the Governor of West Pakistan is pleased, in exercise of all powers enabling him In that behalf, to make and promulgate the following Ordinance :-

1. Short title and commencement.-(1) This Ordinance may be called the West Pakistan (Board of Intermediate and Secondary Education, Peshawar) Ordinance, 1961.
(2) 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) “Board°” means the Board of Intermediate and Secondary Education, Peshawar ;
(b) “Chairman°” means the Chairman of the Board;
(c) “College” means an institution within the jurisdiction of the Board and recognized for the Intermediate Education and includes a college, having Intermediate and Degree classes and affiliated to the University for the Degree classes
(d) “Committee” means a committee constituted under this Ordinance ;
(e) “Controlling Authority” means the Controlling Authority of the Board;
(f) “Government” means the Government of West Pakistan;
(g) “Head of an institution” means the Principal of a College or the Headmaster or Headmistress of a school ;
(h) “institution” means a College or a school,;
(i) “Intermediate College” means an institution recognized for imparting instruction to Class XI and Class XII, and includes an institution having Intermediate and Secondary classes ;
(j) “Intermediate Education” means education pertaining to Class XI and Class XII ;
(k) “prescribed°° means prescribed by Regulations or Rules ;
(l) “Principal” means the head of a College ;
(m) “recognised” means recognised by the Board ;
(n) “Regulations” and “Rules” means respectively the Regulations and Rules made by the Board under this Ordinance ;
(o) “school” means an institution recognised only for the Secondary Education ;
(p) “Secondary Education” means education pertaining to Class IX and Class X and such other classes as may be declared by Government to be classes of Secondary Education ;
(q) “Secretary” means the Secretary of the Board ; and
(r) “University” means the University of Peshawar.

3. Establishment and incorporation.-(1) As soon as may be, there shall be constituted and established at Peshawar a Board called the Board of Intermediate and Secondary Education, Peshawar.
(2) The Board shall be a body corporate and shall have perpetual succession and a common seal with power to acquire and hold property and to transfer the same and may sue or be sued by its corporate name.

4. Constitution of the Board.-(I) The Board shall consist of the following members, namely :-
(i) the Chairman
(ii) the Vice-Chancellor of the University or a University Professor nominated by him ;
(iii) the Director of Education, Peshawar Region, Peshawar ;
(iv) one expert on technical education to be nominated by the Controlling Authority ;
(v) one representative of the Syndicate of the University ;
(vi) one Principal of a College nominated by the Controlling Authority ;
(vii) one representative of Heads of Intermediate Colleges elected by and from among themselves ;
(viii) one Headmaster or Headmistress of schools elected by and from among the Headmasters and Headmistresses of schools ; and
(ix) two persons nominated by the Controlling Authority.
(2) The names of the nominated and elected members shall be notified :n the Official Gazette.
(3) The term of office of members other than the ex-officio members shall be two years.
(4) No member appointed by virtue of his office shall continue to be member if he ceases to hold that office.
(5) When a person ceases to be member of the Board, he shall cease to be member of any of the Committees of which be may be a member.

5. Resignation of members.-A member of the Board may resign his membership by a letter addressed to the Chairman ; provided that the resignation shall not have effect until it is accepted by the Controlling Authority.

6. Removal of members.-A member shall be liable to be removed by the Controlling Authority, if-
(i) he has become of unsound mind;
(ii) he has been declared insolvent by a competent Court ;
(iii) he has been convicted by a Criminal Court of an offence involving moral turpitude ;
The decision of the Controlling Authority In this behalf shall be final.

7. Casual vacancies.-(1) Whenever there occurs a vacancy In the membership of the Board due to death, resignation or removal, it shall be filled in accordance with the provisions of this Ordinance.
(2) The person who fills the vacancy shall be a member of the Board for the full term of two years.

8. Meetings of the Board.-(1) The Chairman may, when he considers necessary, and shall, on a requisition from at least five members of the Board, call a meeting of the Board.
(2) The quorum for meetings of the Board shall be six.

9. Jurisdiction of the Board.-(1) The Board shall exercise its powers within the territorial limits in which and In respect of the institutions over which the University exercised its powers in respect of Intermediate Education and Secondary Education under the Peshawar University Act, 1950, immediately before the coming into force of this Ordinance.
(2) Government may, by general or special order, modify the jurisdiction of the Board with regard to such territorial limits or institutions.

10. Transfer of the powers and functions.-Notwithstanding anything contained in the Peshawar University Act, 1950, on and from a date to be fixed by the Controlling Authority, which shall not be later than three months from the date of commencement of this Ordinance, the University shall cease to exercise its powers and perform its functions under the said Act in respect of the Intermediate Education and Secondary Education and, with effect on and from the said date, the Board shall exercise its powers and perform its functions in respect thereof under this Ordinance;
Provided that the Intermediate Examination In Agriculture shall continue to be conducted by the University.

11. Powers of the Board.-(1) Subject to the provisions of this Ordinance, the Board shall have power to organize, regulate, develop and control Intermediate Education and Secondary Education.
(2) In particular, and without prejudice to the generality of the powers conferred by the preceding subsection, the Board shall have the power-
(i) to hold and conduct all examinations pertaining to Intermediate Education, Secondary Education, Pakistani and Classical Languages Examinations, and such other examinations as may be determined by Government ;
(ii) to prescribe courses of study for its examinations ;
(iii) to lay down conditions for recognition of institutions ;
(iv) to accord, refuse or withdraw recognition wholly or partly, after considering inspection reports-
(a) in the case of schools, received from the Education Department, Government of West Pakistan ; and
(b) in the case of Intermediate Colleges and Institutions preparing candidates for Pakistani and Classical Languages Examinations received from an Inspection Committee appointed by the Board in this behalf ;
(v) to inspect and arrange for inspection of recognised institutions and call for inspection reports ;
(vi) to lay down conditions for admission to its examinations, to determine the eligibility of candidates and to admit then; to the examinations ;
(vii) to grant certificates and diplomas to persons who have passed its examinations and to withdraw such certificates and diplomas ;
(viii) to fix, demand and receive such fees as may be prescribed ;
(ix) to supervise the residence, health and discipline of the students of recognised institutions and classes with a view to promoting their general welfare ;
(x) to institute and award scholarships, medals and prizes in accordance with the Regulations and Rules ;
(xi) to organize and promote extra-mural activities in and for recognized Institutions ;
(xii) to hold, control and administer its property and funds ;
(xiii) to enter into and carry out contracts in exercise of its powers and performance of its duties under this Ordinance and the Regulations ;
(xiv) to pass the annual budget ;
(xv) to transfer any movable and immovable property ;
(xvi) to hold and manage endowments ;
(xvii) to regulate and decide all administrative matters, including the creation and abolition of posts ; provided that it shall be lawful for the Chairman to create temporary posts for a period not exceeding six months ;
(xviii) to appoint the staff and define their duties and conditions of service;
(xix) to make provisions for buildings, premises, furniture, apparatus, books and other means required for carrying out the purposes of this Ordinance;
(xx) to sanction such expenditure and to appoint such officers and staff as may be necessary to carry out the purposes of this Ordinance ; and
(xxi) to do all other acts necessary for carrying out the purposes of this Ordinance.
(3) The Board may delegate any of its powers to the Chairman or any officer of the Board or to a Committee or a Sub-Committee appointed by it as it may deem fit.

12. Controlling Authority.-The Governor of West Pakistan or his nominee shall be the Controlling Authority of the Board.

13. 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 he may direct, of the offices, activities and funds and of examinations conducted by the Board and to cause an enquiry to be made 9n 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 a Committee 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 proceeding;
Provided that before making any such order, the Controlling Authority shall, through the Chairman, call upon the Board or the Committee, as the case may be, to show cause why such an order should not be made.

14. Officers of the Board.-The following shall be the officers of the Board-
(i) the Chairman,
(ii) the Secretary, and
(iii) such other officers as may be appointed by the Board.

15. Chairman.-(1) The Chairman shall be a whole-time officer and shall be appointed by the Controlling Authority on such terms and conditions as may be determined by the Controlling Authority.
(2) The Chairman shall hold office for a term of four years from the date of notification of his appointment and on the expiry of the term of office shall be eligible for re-appointment.
(3) When the office of the Chairman is vacant temporarily or otherwise, by reason of leave, illness or other cause for a period not exceeding one year, the Controlling Authority shall make such arrangements for carrying on the duties of the office of the Chairman as it may think fit.
(4) The Chairman shall be the principal executive and academic officer of the Board and shall, when present, preside at the meetings of-
(i) the Board;
(ii) the Academic Committee, Finance Committee, Appointments Committee, Committee for the appointment of Paper Setters and Head Examiners, Committees of Courses and other Committees of the Board.
(5) It shall be the duty of the Chairman to ensure that the provisions of this Ordinance and the Regulations and Rules are faithfully observed and carried out, and he shall exercise all powers necessary for this purpose.
(6) In any emergency arising out of the administrative business of the Board and requiring, in the opinion of the Chairman, immediate action, the Chairman may take such action as he may deem necessary and shall report the action so taken to the Board at its next meeting for approval.
(7) The Chairman shall exercise such other powers as may be prescribed.

16. Secretary.-(1) The Secretary shall be whole-time salaried officer appointed by the Board. (2) The terms and conditions of service of the Secretary and his powers and duties shall be such as may be prescribed.

17. Other Officers.-Subject to the provisions of this Ordinance, the powers and duties of other officers of the Board shall be such as may be determined by the Board.

18. Committees of the Board.–(1) The Board shall have the following Committees, namely :-
(i) the Academic Committee;
(ii) the Finance Committee;
(iii) the Appointments Committee;
(iv) Committee for appointment of Paper Setters and Head Examiners ;
(v) Committees of Courses ; and
(vi) such other Committees as may be prescribed.
(2) The Board or a Committee may appoint such Sub-Committees as it may deem necessary.

19. Constitution, powers and duties of the Committees.-The constitution, functions and duties of the Committees mentioned in subsection (1) of section 18, shall be such as may be prescribed by Regulations.

20. Powers of the Board to make Regulations.-(1) The Board shall have the power to make Regulations consistent with this Ordinance on all or any of the following matters, namely ;-
(a) the constitution, powers and duties of Committees ;
(b) powers and duties of the officers of the Board mentioned in section 14 ;
(c) Rules of service including Rules regulating disciplinary action, grant of leave and retirement of the employees of the Board ;
(d) constitution of pension or Provident Fund or both for the benefit of the officers and other employees of the Board ;
(e) admission of institutions to the privilege of recognition and the withdrawal of recognition;
(f) general scheme of studies, including the total number of subjects to be taught and the duration of courses; and
(g) 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.

21. Powers of the Board to make Rules.-The Board may make Rules consistent with this Ordinance and the Regulations to provide for-
(i) inspection of institutions and the reports, returns and other information to be furnished by them ;
(ii) conditions of admission of candidates to the examinations and eligibility for diplomas, certificates and titles ;
(iii) such other matters as may be prescribed by Regulations.

22. Fund.-The Board shall have a fund to which shall be credited all its income including income from fees, endowments, grants and contributions.

23. Accounts and Audit.-(1) The accounts of the Board shall be maintained in such form and in such manner as may be prescribed by Rules.
(2) The statement of accounts of the Board shall be submitted to Government once a year.
(3) The accounts of the Board shall be audited in such manner as may be prescribed by the Regulations.

24. 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.
(2) Government may, by notification, declare that the provisions of the Provident Funds Act, 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.

25. Members prohibited from deriving monetary gains.-No member of the Board shall draw any fee or other remuneration 9n any capacity whatever from the funds of the Board or enter into any contract with the Board directly or through any other person in connection with the affairs of the Board;
Provided that the emoluments of the Chairman shall, under the terms and conditions of his appointment, be paid from the funds of the Board.
Provided further that a member of a Committee may receive from the Board remuneration in lump-sum for writing, compiling or editing a book intended to be prescribed for an examination of the Board.

26. Bar against membership.-No person who has any financial interest in any book prescribed by the Board as a course of study for any examination conducted by the Board or has a financial interest as a partner or otherwise in any firm which publishes, procures or supplies any such book, shall be eligible to become a member of the Board or a Committee or continue as such after having acquired any such interest.

27. Validation.-No act or proceedings of the Board or any Committee shall be invalidated merely by reason of the existence of a vacancy on the Board or the Committee, or by reason of any irregularity in the appointment of any member of the Board or the Committee.

28. Bar to suits.-All acts done, orders passed or proceedings taken by the Board shall be final and shall not be called in question in any Court by a suit or otherwise.

29. Members and employees to be public servants.-Members of the Board and the Committees constituted under this Ordinance, the employees of the Board and other persons appointed for carrying out the purposes of this Ordinance, shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code.

30. Protection of acts and order.-No suit for damages or other legal proceedings shall be instituted against Government, the Controlling Authority, the Board, any Committee, any member of the Board or Committee 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.

31. First Regulations.-(1) 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 section 20.
(2) The Regulations laid down by Government within three months of the date of commencement of this Ordinance shall become part of the Schedule.

32. Transitional provision–(1) From the date of commencement of this Ordinance and till such time as the nominated and elected members are appointed, the Chairman and the ex-officio members shall exercise all the powers and perform all the duties of the Board and its Committees.
(2) On the appointment of the nominated and elected members, the Board shall exercise all powers and perform all duties of the Committees of the Board up to the time the Committees are constituted.
(3) if there is any difficulty in giving effect to the provisions of this Ordinance, the Controlling Authority may take such action to remove the difficulty as he may deem necessary.

33. Savings.-Notwithstanding anything to the contrary contained in this Ordinance, everything done, action taken, jurisdiction or power conferred, recognition granted and order issued under any of the provisions of the Peshawar University Act, 1950, and Statutes and Ordinances made thereunder in respect of the Intermediate Education and the Secondary Education, shall if not inconsistent with the provisions of this Ordinance and the Regulations made thereunder, be continued and, so far as may be, be deemed to have been respectively done, taken, conferred, granted and issued under this Ordinance and the Regulations made thereunder, and references to any of the provisions of the Peshawar University Act, 1950, and Statutes and Ordinances made thereunder with regard to the Intermediate Education and the Secondary Education, shall, so far as may be, be construed to be references to the corresponding provisions of this Ordinance and the Regulations made thereunder.

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