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PUNJAB EDUCATION FOUNDATION (AMENDMENT) ACT, 2016

An Act to amend the Punjab Education Foundation Act, 2004

[Gazette of Punjab, Extraordinary, 4th March, 2016]

ACT XVIII OF 2016

No. PAP/Legis-2(110)/2016/1390.–The Punjab Education Foundation (Amendment) Bill, 2015, having been passed by the Provincial Assembly of the Punjab on February 26, 2016, and assented to by the Governor of the Punjab on March 03, 2016, is hereby published as an Act of the Provincial Assembly of the Punjab.

It is necessary to amend the Punjab Education Foundation Act, 2004 (XII of 2004) for the purposes hereinafter appearing.

Be it enacted by Provincial Assembly of the Punjab as follows:

1.     Short title and commencement.–(1) This Act may be cited as the Punjab Education Foundation (Amendment) Act, 2016.

(2) It shall come into force at once.

2.     Amendment in Section 3 of Act XII of 2004.–In the said Act, in Section 3, for sub-section (3), the following shall be substituted:

“(3)  The Foundation shall have its Headquarter at Lahore and may, with the approval of the Board, establish regional offices outside Lahore.”

3.     Amendment in Section 5 of Act XII of 2004.–In the said Act, in Section 5:

(a)      for sub-section (2), the following shall be substituted:

“(2)  The Board shall consist of fifteen Directors including the Chairperson and Managing Director to be appointed by the Government in the following manner:

(a)      eight Directors including at least three women from amongst the non-governmental organizations, philanthropists, technocrats, academicians, parliamentarians and public representatives;

(b)      Secretary to the Government, Finance Department;

(c)      Secretary to the Government, School Education Department;

(d)      Secretary to the Government, Literacy and Non-Formal Basic Education Department;

(e)      Secretary to the Government, Social Welfare and Bait-ul-Maal Department;

(f)       Secretary to the Government, Planning and Development Department;

(g)      Vice Chancellor, University of Education, Lahore; and

(h)      Managing Director who shall also be the Secretary of the Board.

        Explanation.–The members mentioned from (b) to (f) may be represented by their nominees not below the rank of an Additional Secretary.”;

(b)      for sub-section (3), the following shall be substituted:

“(3)  The Board shall elect the Chairperson from amongst the Directors appointed under clause (a) of sub-section (2) for a period of three years.”;

(c)      sub-section (5) shall be omitted;

(d)      for sub-section (6), the following shall be substituted:

“(6)  Six Directors including at least three Directors appointed under clause (a) of sub-section (2) shall constitute the quorum for a meeting.”; and

(e)      after sub-section (10), the following sub-section (11) shall be inserted:

“(11)  The Board shall establish an effective system for monitoring, supervision and control of the discharge of functions under the Act.”

4.     Amendment in Section 6 of Act XII of 2004.–In the said Act, in Section 6:

(a)      in sub-section (1), for the word “Board”, the word “Government” shall be substituted; and

(b)      after sub-section (2), the following sub-section (3) shall be inserted:

“(3)  The Board shall determine the terms and conditions of service of the Managing Director.”

5.     Amendment in Section 7 of Act XII of 2004.–In the said Act, for Section 7, the following shall be substituted:

7.    Filling in vacancy.–The Government may fill a vacancy of Director, other than an ex-officio Director, by appointing an eligible person for the unexpired period of the term of his predecessor.”

6.     Insertion of Section 13A in Act XII of 2004.–In the said Act, after Section 13, the following Section 13A shall be inserted:

“13A. Directions of the Government.–In the performance of its functions, the Foundation shall be bound by and shall give effect to the directions of the Government.”

7.     Amendment in Section 15 of Act XII of 2004.–In the said Act, in Section 15, after the words “against any”, the expression “Director,” shall be inserted.

8.     Repeal.–The Punjab Education Foundation (Amendment) Ordinance, 2015 (XXXVI of 2015) is hereby repealed.

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