THE
(Act XI of 2010)
C O N T E N T S
Section Heading
1. Short title, extent
and commencement.
2. Definitions.
3. Establishment of the Commission.
4. Composition of the Commission.
5. Vacancy.
6. Functions of the Commission.
7. Committees.
8. Meetings of the Commission.
9. Delegation.
10. Secretariat.
11. Staff.
12. Public servants.
13. Fund.
14. Budget and
accounts.
15. Audit.
16. Annual report.
17. Rules.
18. Regulations.
[1]THE PUNJAB EXAMINATION COMMISSION ACT 2010
(Act XI of 2010)
[20 July 2010]
An Act to establish a Commission
for improving the
examination system of elementary education.
Preamble. Whereas it is expedient to
establish a Commission for the improvement of the examination system and for
conducting examinations of elementary education and to provide for ancillary
matters;
It is enacted as follows:-
1. Short title, extent and commencement. (1) This Act may be cited as the
Punjab Examination Commission Act 2010.
(2) It extends to the whole of the
(3) It shall come into force at once.
2. Definitions. In this Act
(a) "Chairperson" means the Chairperson
of the Commission;
(b) "Chief Executive Officer" means the
Chief Executive Officer of the Commission;
(c) "Commission" means the Punjab
Examination Commission;
(d) "elementary
education" means education from class I to class VIII;
(e) "Fund" means the Punjab Examination
Commission Fund;
(f) "Government" means the Government
of the
(g) local government
means the local government as defined in the Punjab Local Government Ordinance
2001 (XIII of 2001) or any other law for the time being in force;
(h) "Member" means a Member of the
Commission;
(i) prescribed means prescribed by the rules or the
regulations;
(j) regulations means
the regulations framed under the Act; and
(k) rules means the
rules made under the Act.
3. Establishment of
the Commission. (1) The Government may, by notification, establish a
Commission to be known as the Punjab Examination Commission.
(2) The
Commission shall be a body corporate having perpetual succession and a common
seal, with power to enter into agreement, acquire, hold, manage, and dispose of
property, and to sue and be sued in its name.
4. Composition
of the Commission.
(1) The
Commission shall consist of the following members:-
(a) Three members of the
Provincial Assembly of the
(b) Secretary to the Government, Education Department;
(c) Secretary to the Government, Finance
Department;
(d) Vice Chancellor,
(e) Programme
Director,
(f) Director Public Instruction (Elementary
Education),
(g) Programme Director,
Directorate of Staff Development;
(h) Chairman,
(i) Managing
Director,
(j) two renowned educationists [3][including
at least one female educationist];
(k) two
persons from the private schools [4][including
at least one woman];
(l) a person from banking sector;
(m) a person from information technology sector; and
(n) Chief
Executive Officer.
(2) The Government shall nominate the members
mentioned in clauses (a), (j), (k), (l) and (m) of sub-section (1), and the
Chairperson from amongst the nominated members, for a term of three years.
(3) A nominated member may resign from his office
by a notice in writing to the Government and his seat shall fall vacant on the
acceptance of the resignation.
(4) The Government may, on the recommendation of
the Commission, remove a member nominated under sub-section (2).
(5) The Chairperson may, with the prior approval
of the Government, co-opt any other person as member either for a particular
meeting or purpose, or for a specified period.
(6) The existence of a vacancy or any defect in
the composition of the Commission shall not invalidate an act or proceedings of
the Commission.
(7) The Chairperson and the members shall serve on
honorary basis and shall not be entitled to any financial benefits except such
travelling and daily allowance for performing official duties as may be
prescribed.
(8) The Chief Executive Officer shall be
the Secretary of the Commission.
5. Vacancy. The Government may fill a
vacancy, caused owing to any cause, by nominating a person from the same
category and the said member shall hold office for the unexpired period of the
term of his predecessor.
6. Functions of the Commission. (1) The Commission shall
(a) design, develop, implement, maintain, monitor
and evaluate a system of examination for elementary education;
(b) formulate policy and programme for
the conduct of examinations relating to elementary education;
(c) collect data for research to improve curricula and teaching
methodology;
(d) recommend measures for capacity building of the teachers and
educationists for improving the system of assessment of students;
(e) identify the areas where improvement in training of the
teachers or educationists is required;
(f) promote public discussions on issues pertaining to
elementary education;
(g) advise the Government on all policy matters relating to the
objectives of the Commission;
(h) approve annual research programme
and annual budget of the Commission; and
(i) perform such other functions as may be
ancillary to its functions, or as may be prescribed or as may be assigned by
the Government.
(2) The Commission may
(a) issue instructions or guidelines to a local government for
data collection and conduct of an examination of elementary education;
(b) register students for the purpose of examination of
elementary education and maintain their data; and
(c) conduct and outsource research in the sphere of an
examination of elementary education.
7. Committees. The Commission may constitute
committees of its members and entrust them such functions and powers as it may
deem fit.
8. Meetings of the Commission. (1) The Commission shall meet at
least each quarter in a calendar year.
(2) The Chief Executive Officer shall convene a
meeting of the Commission on the direction of the Chairperson or a written
request from not less than seven members.
(3) The Chairperson or, in his absence, a Member
nominated by the Chairperson, shall preside a meeting of the Commission.
(4) An ex-officio Member may nominate an officer
in BS-19 or above to represent him at a meeting of the Commission.
(5) Seven Members, including at least two
nominated members, shall constitute the quorum at a meeting.
(6) The Commission shall take decisions by the
majority of its Members present and voting, and in case of a tie, the person
presiding the meeting shall have a casting vote.
(7) The decisions of the Commission shall be
recorded in writing and signed by the Chairperson.
(8) The Commission shall cause minutes to be kept
of proceedings of every meeting of the Commission and of every meeting of a
committee.
(9) The Chief Executive Officer shall maintain a complete record of
the minutes and the decisions of the Commission in the prescribed manner.
9. Delegation. The Commission may, subject to such conditions
and limitations as it may deem fit to impose, delegate any of its powers or
functions to the Chairperson, Chief Executive Officer, a committee, or one or
more members, except the power to
(a) frame, amend or repeal regulations;
(b) approve major policy decisions and procedures for the
operation of the Fund;
(c) constitute a committee or fill a vacancy in a committee;
(d) approve the annual budget, audited accounts and the annual
reports; and
(e) consider audit reports.
10. Secretariat.
(1) The Commission shall have a Secretariat at
(2) The
Secretariat shall comprise the Chief Executive Officer and such number of
officers and staff as may be determined by the Commission.
11. Staff. (1) The Government shall appoint a person as the
Chief Executive Officer of the Commission for a term not exceeding four years.
(2) The Chief Executive Officer shall exercise
such powers as may be prescribed or as may be delegated by the Commission.
(3) The Commission may employ persons who shall be
paid such remuneration and allowances and shall hold their employment on such
terms and conditions as may be prescribed and until so prescribed, as may be
determined by the Commission.
12. Public servants. (1) The Chairperson, Chief
Executive Officer, members, officers, employees and other persons authorized to
perform or exercise any function or power under this Act shall be deemed to be
public servants within the meanings of section 21 of the Pakistan Penal Code
1860 (XLV of 1860).
13. Fund. (1) There shall be a Fund of the
Commission to be known as the Punjab Examination Commission Fund.
(2) The Fund shall consist of
(a) grants made by the Federal Government, the Government or a
local government;
(b) donations, endowments or grants from any individual,
organization or agency, whether national or international;
(c) sale proceeds of the property of the Commission; and
(d) any other money received by the Commission.
(3) The Fund shall be kept in such custody, and
shall be regulated and utilized in such manner as may be prescribed.
14. Budget and
accounts.
(1) The Chief Executive Officer shall prepare the budget of the Commission for
each financial year and submit it before the Commission for approval.
(2) The
Chief Executive Officer shall not incur any expenditure from the Fund without
the approval of the Commission.
(3) The
Commission shall maintain proper accounts and other records relating to its
financial affairs including its income and expenditures and its assets and
liabilities in such form and manner as may be prescribed.
15. Audit. (1) The
Auditor General of
(2) The Government, in addition to the Audit under
sub-section (1), shall cause the accounts of the Commission annually audited by
a Chartered Accountant.
(3) The Chief Executive Officer, with the approval
of the Commission, shall submit to the Government the annual statement of
accounts of the Commission and audit report, within six months of the close of
a financial year.
16. Annual report. (1) The Commission shall submit an
annual report to the Government which shall include
(a) a comprehensive statement of the work and activities of the
Commission during the preceding financial year, including the details of the
examinations and the research work conducted during the year;
(b) recommendations about the strategy to improve the curricula,
teaching methodology and inputs required for the quality elementary education;
(c) statement of accounts and audit report; and
(d) such other matters as may be prescribed and as the
Commission may consider appropriate.
(2) The
Government shall, within thirty days of receiving the report from the
Commission, give notice for laying the report in the Provincial Assembly of the
17. Rules. The Government may, by
notification, make rules for carrying out the purposes of this Act.
18. Regulations.
Subject to the provisions of this Act and the rules, the Commission may, by
notification, frame regulations for giving effect to the provisions of this
Act.
[1]This Act was passed by the
Punjab Assembly on 14 July 2010; assented to by the Governor of the
[2]Inserted by the
[3]Inserted by the
[4]Inserted by the