ORDINANCE XLI OF 1962

7th June 1962

An Ordinance to provide for the establishment of the
West Pakistan Text-book Board

No. Leg. 3 (41)/62.-The following Ordinance by the Governor of West Pakistan is hereby published for general information :-

Preamble.-Whereas it is expedient to make arrangements for—

1. Short title, extent and commencement.-(1) This Ordinance may be called the West Pakistan Textbook Board Ordinance, 1962.
(2) It extends to the whole of the Province of West Pakistan, except the Special 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 this Ordinance ;
(b) “Board” means the West Pakistan Textbook 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 Government of the Province of West Pakistan ;
(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 X11 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 ;
(1) “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.-(I) As soon as may be, there shall be established a Board to be known as the West Pakistan Textbook 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 a common seal and shall by the said name sue and be sued.

4. Constitution of the Board.-(I) The Board shall consist of three whole-time Directors appointed by Government.
(2) A Director shall-
(a) unless sooner removed by Government, hold office for a term of five years and shall be eligible for re-appointment for such further period or periods as Government may from time to time specify ;
(b) receive such salary and allowances as Government may determine; and
(c) perform such duties as are assigned to him by this Ordinance or by the Regulations and Rules made thereunder.
(3) Every person appointed as 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.-(1) One of the Directors shall be appointed by Government as the Chairman.
(2) 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 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) Each Director, Including the Chairman, 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 Directors 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 Directors.

8. Controlling Authority.—-The Governor of West Pakistan 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 t1 he Board.
(2) The Controlling Authority shall communicate to the Board the result of such Inspection or enquiry and may advise the Bard 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 proceeding;
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 Directors of Education in West Pakistan ;
(iii) the Chairman of the Boards of Intermediate and Secondary Education in West Pakistan ;
(iv) the Vice-Chancellor of a University in West Pakistan or his nominee, by rotation one-year basis
(2) The quorum for a meeting of the Advisory Council shall be eight.
(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 ;
(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 subsection (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 aids ;
(b) arrangement for the publication of textbooks, 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., SIC, 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 textbooks, 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 textbooks ;
(e) the laying down of specifications of textbooks, 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 West Pakistan so as to make the textbook ; 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 textbooks and reading materials ;
(k) conduct of research in curricula, text-books, other reading materials and teaching aides ;
(1) exhibitions of text-books and teaching materials ;
(m) maintenance of a Library of –
(i) reference books ;
(ii) textbooks ;
(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 textbooks, 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 subsection 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 judgment.

12. Committee.-(I) The Board may appoint such Committees as St 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.-(I) The following shall be the officers of Board :-
(a) Chairman ;
(b) Directors;
(c) Secretary ,
(d) such other officers as may be appointed by the Board.
(2) 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 at Its next meeting for information.

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.-(I) 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 1660).

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 under 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.

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