THE
(Act XII of 2004)
C O N T E N T S
Section Heading
1. Short title,
extent and commencement.
2. Definitions.
3. Establishment of
the Foundation.
4. Functions of the
Foundation.
5. Board of
Directors.
6. Managing
Director.
7. Filling in
vacancy.
8. Resignation of
Director.
9. Removal of
Director.
10. Fund.
11. Committees.
12. Authentication of
decisions.
13. Rules.
13A. Directions of the Government.
14. Regulations.
15. Indemnity.
16. Repeal and Savings.
[1]THE
(Act XII of 2004)
[9 June 2004]
An Act to provide for
the restructuring of the
Preamble.– Whereas it is expedient to
restructure the Punjab Education Foundation for the promotion of education,
specifically encouraging and supporting the efforts of the private sector in
providing education to the poor and matters ancillary thereto;
It
is hereby enacted as follows:-
1. Short title, extent and commencement.– (1) This Act may be called the
Punjab Education Foundation Act, 2004.
(2) It extends to the whole of the
(3) It shall come into force at once.
2. Definitions.– In this Act, unless there is
anything repugnant in the subject or context–
(a) “Act”
means the Punjab Education Foundation Act, 2004;
(b) “Board”
means the Board of Directors constituted under section 5;
(c) “Chairperson”
means the Chairperson of the Board elected under section 5;
(d) “Director”
means the Director of the Board;
(e) “educational
institution” means a primary, middle, high, and higher secondary school,
teacher training institution, special education institution, and any other
institution engaged in education-related activities;
(f) “financial
assistance” includes grants, loans, scholarships, stipends, and rewards;
(g) “Foundation”
means the Punjab Education Foundation established under section 3;
(h) “Fund”
means the Fund established under section 10;
(i) “Government”
means the Government of the
(j) “grant-in-aid”
means monies that are non-refundable;
(k) “loan”
means a refundable sum of money with or without mark up or service charge;
(l) “Managing
Director” means the Managing Director of the Foundation;
(m) “non-governmental
organization (NGO)” means a non-governmental organization registered as such
under the laws of
(n) “prescribed”
means prescribed by rules made under this Act; and
(o) “quorum”
means quorum of the meeting of the Board specified in section 5(6).
3. Establishment of the Foundation.– (1) There shall be established a
Punjab Education Foundation.
(2) It shall be a body corporate having perpetual succession
and a common seal with power to hold and dispose of moveable property and to
acquire, hold, and sell immoveable property with the approval of the Government
and shall by the said name sue and be sued.
[2][(3)
The Foundation shall have its Headquarter at
4. Functions of the Foundation.– The functions of the Foundation
shall be to–
(i) provide
financial assistance for the establishment, expansion, improvement, and
management of educational institutions and allied projects;
(ii) provide
incentives to students, teachers, and Educational Institutions;
(iii) promote
public-private partnerships relating to education;
(iv) provide
technical assistance to Educational Institutions for testing policy
interventions and innovative programmes for replication;
(v) rank
private educational institutions based on educational standards;
(vi) raise
funds through donations, grants, contributions, subscriptions etc.;
(vii) assist
Educational Institutions in capacity building, including training of teachers;
and
(viii) undertake
any other function as may be assigned to it by the Board with the approval of
the Government.
5. Board of Directors.– (1) The executive authority and
managing of the Foundation shall vest in the Board.
[3][(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 [4][two] women from amongst the non-governmental
organizations, philanthropists, technocrats, academicians, parliamentarians and
public representatives;
[5][Provided that three Directors shall
be members of the Provincial Assembly of the Punjab with at least one woman
member;
Provided further that the Directors from
non-governmental organizations, and academicians must possess demonstrable
expertise and experience in their respective fields.]
(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,
(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.]
[6][(3) The Board shall elect the
Chairperson from amongst the Directors appointed under clause (a) of subsection
(2) for a period of three years.]
(4) The Directors, other than ex-officio
Directors, shall hold office for a term of three years and shall be eligible
for re-appointment. The retiring Directors shall continue to perform their
functions till their successors are appointed.
[7][* * * * * * * * * * * * * * *]
[8][(6) Six Directors including at
least three Directors appointed under clause (a) of subsection (2) shall
constitute the quorum for a meeting.]
(7) The Board meeting shall be presided over by
the Chairperson or, in his absence, by a Director duly nominated by the
Chairperson.
(8) The Board shall appoint the employees and
other functionaries of the Foundation and determine the terms and conditions of
their employment.
(9) No act or proceedings of the Board shall be
invalid merely on the ground of the existence of any vacancy or any defect in
the constitution of the Board.
(10) The Board may delegate any of its powers to
the Managing Director to enable him to carry out its functions.
[9][(11) The Board shall establish an
effective system for monitoring, supervision and control of the discharge of
functions under the Act.]
6. Managing Director.– (1) The [10][Government] shall appoint a Managing Director who shall be the
Chief Executive of the Foundation.
(2) The Managing Director may exercise all such
powers and do all acts and things as `
[11][(3) The Board shall determine the
terms and conditions of service of the Managing Director.]
[12][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.]
8. Resignation of Director.– A Director, other than an
ex-officio Director, may at any time, resign his office by addressing a letter
to the Chairperson; provided that the resignation shall not take effect until
it has been accepted by the Government.
9. Removal of Director.– Government may remove a Director
from the Board in such circumstances and in such manner as may be prescribed.
10. Fund.– (1) There shall be established a
Fund which shall vest in the Foundation and to which shall be credited–
(i) grants
made by the Federal, Provincial Governments and the local bodies;
(ii) income
from investments made by the Foundation;
(iii) donations,
endowments and subscriptions from organizations and individuals;
(iv) revolving
funds placed by the Government at the disposal of the Foundation;
(v) donations,
endowments and grants from international organizations, subject to approval of
the Government; and
(vi) all
other sums received by the Foundation from any other source.
(2) The Fund shall be kept in such custody and shall
be utilized and regulated in such manner as may be determined by the Board.
(3) The accounts of the Foundation shall be
maintained in such form and manner as may be prescribed and shall be audited by
an auditor, to be appointed by the Government, being a person who is a
Chartered Accountant within the meaning of the Chartered Accountants Ordinance,
1961 (Ordinance No. X of 1961).
(4) The Managing Director shall, at the close of
each financial year, submit to the Board the audited annual statement of
accounts of the Foundation, together with the report of the auditor.
(5) The Managing Director shall submit to the
Board at the end of each financial year a report of the activities of the
Foundation during that year.
11. Committees.– (1) The Board may constitute such
financial, technical, advisory and other committees as may be deemed necessary
for carrying out the purposes of this Act.
(2) The composition and functions of the
committees shall be such as the Board may determine.
12. Authentication of decisions.– All decisions of the Board shall be
authenticated by the signatures of the Chairperson and the Managing Director.
13. Rules.– The Government may, by
notification, make rules for carrying out the purposes of this Act.
[13][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.]
14. Regulations.– Subject to the provisions of this
Act and the rules framed thereunder, the Board may, with the previous approval
of the Government, make regulations as may be necessary to carry out the
purposes of this Act.
15. Indemnity.– No suit, prosecution or other proceedings
shall lie against any [14][Director,] officer or employee of the Foundation or any other
person exercising any power or performing any function under this Act or the
rules or regulations made thereunder for anything done in good faith.
16. Repeal and Savings.– (1) On the commencement of this Act
–
(i) the
Punjab Education Foundation Act, 1991 (I of 1991), shall stand repealed;
(ii) the
Punjab Education Foundation established under the Punjab Education Foundation
Act, 1991 (I of 1991), shall stand dissolved;
(iii) the
assets and liabilities created under the said repealed Act shall stand
transferred to the Foundation; and
(iv) all
rules made under the Punjab Education Foundation Act, 1991, shall remain in
force in so far as they are not inconsistent with the provisions of this Act
until the Rules are framed under this Act.
(2) Save as otherwise specifically provided, nothing
in this Act or any repeal effected thereby shall affect or be deemed to affect
anything done, action taken, proceedings commenced, orders, rules, regulations,
appointments, mortgages or agreements made, directions given or instruments
executed or issued, under or in pursuance of any law repealed or amended by
this Act and any such thing, action, proceedings, orders, rules, regulations,
appointments, mortgages, agreements, directions or instruments shall, if in
force at the commencement of this Act and not inconsistent with any of the
provisions of this Act, continue to be in force, and have effect as if it were
respectively done, taken, commenced, made, given, executed or issued under this
Act.
[1]This Act was passed by the Punjab Assembly on 26 May 2004; assented to
by the Governor of the Punjab on 5 June 2004; and published in the Punjab
Gazette (Extraordinary), dated 9 June 2004, pages 1455 to 1458.
[2] Substituted for the
following by the Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016).
“(3) The Head Office
of the Foundation shall be at
[3]Substituted for the
following by the Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016):
“(2) The Board shall consist of fifteen
Directors including the Chairperson to be appointed by the Government in the
following manner, namely:-
(i) eight
Directors including at least three women from the private sector from amongst
the NGOs, philanthropists, technocrats, and academicians;
(ii) Secretary
to Government of the
(iii) Secretary
to Government of the
(iv) Secretary
to Government of the
(v) Secretary
to Government of the
(vi) Secretary
to Government of the
(vii) Vice
Chancellor of the
(viii) Managing Director who
shall also be the Secretary of the Board.”
[4]Substituted for the
word “three” by the Punjab Education Foundation (Amendment) Act 2025 (LXVIII of 2025).
[5]Added by the Punjab
Education Foundation (Amendment) Act 2025
(LXVIII of 2025).
[6] Substituted for the following
by the Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016):
“(3) The Chairperson shall be elected by the Board
from amongst the non-official Directors for a period of three years.”
[7] The following subsection (5) was
omitted by the Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016):
“(5) No non-official
Directors, including the Chairperson, shall be eligible to be appointed for a
third term.”
[8] Substituted for the
following by the Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016).
“(6) Six Directors
including at least three Directors from private sector shall constitute the
quorum.”
[9] Inserted by the
Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016).
[10] Substituted for the
word “Board”, by the Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016).
[11] Inserted by the
Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016).
[12] Substituted for the
following by the Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016):
“7. Filling in vacancy.– Any vacancy caused due to the
removal or permanent absence of a Director, other than an ex-officio member,
shall be filled in by a person nominated by the Government and the person so
nominated shall hold office for the unexpired period of the term of his
predecessor.”
[13] Inserted by the
Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016).
[14] Inserted by the
Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016).