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  "title": "PUNJAB DAANISH SCHOOLS ACT 2010",
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  "text": "THE PUNJAB DAANISH SCHOOLS AND CENTRES OF \r\nEXCELLENCE AUTHORITY ACT 2010 \r\n(V of 2010) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. The Authority. \r\n4. Powers and functions of the Authority. \r\n5. Managing Director. \r\n6. Secretariat and Secretary. \r\n7. Schools and governing bodies. \r\n8. Powers of governing bodies. \r\n9. Admission to Daanish Schools. \r\n10. Members to act pro bono. \r\n11. Financial management. \r\n12. Fund. \r\n13. Budget and accounts. \r\n14. Audit. \r\n15. Reports. \r\n16. Public servants. \r\n17. Instructions and guidelines. \r\n18. Transfer of Government employees. \r\n19. Advisors, consultants etc. \r\n20. Rules. \r\n21. Regulations. \r\n22. Dissolution and savings. \r\n23. Repeal. \r\nTEXT \r\n1\r\nTHE PUNJAB DAANISH SCHOOLS AND CENTERS OF EXCELLENCE \r\nAUTHORITY ACT 2010 \r\n(V of 2010) \r\n[24th February, 2010] \r\nAn \r\nAct \r\nto provide for the establishment and management of the Daanish Schools and \r\nCenters of Excellence in the Punjab. \r\nPreamble.– Whereas it is expedient to make provisions for the  establishment and \r\nefficient management of the Daanish Schools and Centers of Excellence in the \r\nPunjab with a view to provide quality elementary, secondary  and higher secondary \r\neducation to under privileged and other segments of the society and to provide for other \r\nconnected matters; \r\nIt is enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Daanish Schools and Centers of Excellence Authority Act 2010. \r\n(2) It extends to the whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act– \r\n(a) “administration” means the principal of a School assisted by a head \r\nteacher and other staff meant for managing and administering the \r\naffairs of the School; \r\n(b) “antecedent verification committee” means a committee e stablished by \r\nthe governing body to investigate, verify and certify the antecedents of \r\na student of a Daanish School; \r\n(c) “Authority” means the Punjab  Daanish Schools and Centers of \r\nExcellence Authority established under the Act; \r\n(d) “Center of Excellence”  means a high or higher secondary school \r\nnotified by the Government as the Center of Excellence and includes a \r\nCenter of Excellence established by the Authority; \r\n(e) “Chairperson” means the Chairperson of the Authority; \r\n(f) “Daanish School” means a school established by the Authority to \r\nprovide quality education to the children of the most deprived and \r\nmarginalized strata of the society in accordance with the provisions of \r\nthe Act; \r\n                                                           \r\n1This Act was passed by the Punjab Assembly on 11 February 2010; assented to by the Governor of the Punjab on 23 February 2010; \r\nand, was published in the Punjab Gazette (Extraordinary), dated 24 February 2010, pages 2151-2156. \r\n(g) “disabled” means a person who has lost total functionality of mind or of  \r\nat least two of his limbs; \r\n(h) “district” means the district as defined in the Punjab Local Government \r\nOrdinance 2001 (XIII of 2001); \r\n(i) “governing body” means a body appointed by the Authority to manage, \r\nadminister and run a School; \r\n(j) “Government” means the Government of the Punjab; \r\n(k) “household” means a nuclear family residing at one place to the \r\nexclusion of any other family; \r\n(l) “Member” means a Member of the Authority; \r\n(m) “Managing Director” means the Managing Director of the Authority; \r\n(n) “prescribed” means prescribed by the rules or regulations made under \r\nthe Act; \r\n(o) “School” means a Daanish  School or a Center of Excellence \r\nestablished or notified under the Act; \r\n(p) “student” means a student of a School and includes a candidate for \r\nadmission in a School; \r\n(q) “teacher” includes the principal and an employee of a School who is \r\nimparting instructions to the students; and \r\n(r) “Town” or “Tehsil” means a Town or Tehsil as defined in the Punjab \r\nLocal Government Ordinance 2001 (XIII of 2001). \r\n3. The Authority.– (1) The Government shall establish an Authority to be called \r\nthe Punjab Daanish Schools and Centers of Excellence Authority. \r\n(2) The Authority shall be a body corporate having perpetual succession \r\nand a common seal with power to enter into contr act and shall, by the said name, \r\nsue and be sued. \r\n(3) The Authority shall not dispose of an immovable property without the \r\nprior approval of the Government. \r\n(4) The Authority shall consist of– \r\n(a) Chief Minister of the Punjab;  Chairperson \r\n(b) Three Members of the Provincial Assembly of the Punjab  \r\n2\r\n[including at least one female member of the Assembly]   \r\nnominated by the Government; \r\nMembers \r\n(c) Chief Secretary of the Government; Member \r\n(d) Senior Member, Board of Revenue of the Government; Member \r\n(e) Secretary to the Government Education Department;  Member \r\n(f) Secretary to the Government Finance Department; Member \r\n                                                           \r\n2Inserted by the Punjab Fair Representation o f Women Act 2014 (IV of 2014), w.e.f. 12.3.2014, s.2 and the Schedule; and \r\npublished in the Punjab Gazette (Extraordinary), pages 2733-2744. \r\n(g) Managing Director. Member \r\n(5) The Chairperson may co -opt any Government servant or any person \r\nfrom the private sector with experience i n the field of business, education, literature, \r\nacademia, fine arts, public service, social work or development sector, as Member of \r\nthe Authority for a meeting or for a specified period. \r\n(6) The Government may nominate one of the Members as Vice \r\nChairperson of the Authority and the Chairperson may delegate any of his powers or \r\nfunctions to the Vice Chairperson. \r\n(7) The Authority may regulate its meetings according to the procedure as \r\nit deems appropriate. \r\n4. Powers and functions of the Authority .– (1) The Authority shall establish \r\nand ensure sustainable management of a School.  \r\n(2) The Authority shall: \r\n(a) provide instructions in a School as it may deem fit; \r\n(b) make provision for the advancement and dissemination of knowledge \r\nin a School in such manner as it may determine; \r\n(c) promote public education and awareness of environmental issues \r\nthrough mass media and other means including seminars and \r\nworkshops; \r\n(d) prescribe courses of studies for the Centers of Excellence and Daanish  \r\nSchools; \r\n(e) inspect the Daanish Schools and Centers of Excellence; \r\n(f) co-operate with schools and public or private organizations or \r\ninstitutions in such manner and for such purposes as may be \r\nprescribed; \r\n(g) institute and award scholarships, exhibitions, medals and prizes under \r\nprescribed conditions; \r\n(h) establish, maintain and control the halls of residence of the students \r\nand approve or license hostels and lodgings of the students; \r\n(i) supervise and control the discipline of the students; \r\n(j) promote the extra -curricular and rec reational activities of students and \r\nmake arrangements for promoting the health and general welfare of the \r\nstudents; \r\n(k) conduct internal examinations and assessment of students; \r\n(l) demand and receive such fees and other charges as it may determine; \r\n(m) receive, own and manage its property; \r\n(n) create posts of teachers and other staff for the efficient management \r\nand administration of the Schools; \r\n(o) take disciplinary action against its employees in the prescribed manner \r\nor in accordance with the law; \r\n(p) prescribe code of conduct for the Members, governing bodies, teachers \r\nand other employees of the Authority; \r\n(q) conduct pre -service and in -service training of teachers and other \r\nemployees of the Authority; \r\n(r) establish and maintain a website containing i nformation about its \r\nfunctions and update it at least on weekly basis; \r\n(s) affiliate a School with an examining board, body or authority; \r\n(t) pass its annual budget containing the estimated receipts and \r\nexpenditures; and \r\n(u) perform such other functions as  may be prescribed or which are \r\nincidental to the above functions. \r\n(3) The Authority may– \r\n(a) enter into a contract; \r\n(b) acquire, hold or dispose of property; \r\n(c) recommend measures to the Government for improvement in the \r\neducation system especially eleme ntary, secondary and higher \r\nsecondary education; \r\n(d) promote cooperation with the international agencies and non -\r\ngovernmental organizations for the promotion of quality elementary and \r\nsecondary education in the Punjab; \r\n(e) conduct research in the field of education, print or publish any book or \r\nother work; and \r\n(f) exercise any other power ancillary to the aforementioned powers or \r\nwhich is essential for performance of its functions. \r\n(4) The Authority may receive grants and funds from the Government or \r\nfrom any other source and shall distribute these, in line with the objects of the Act \r\nand principles of equity, need and deservedness, amongst the governing bodies for \r\nestablishing, managing, running, expanding the Schools in the prescribed manner. \r\n(5) The Authority may make any expenditure out of the funds or grants \r\nreceived by it on its secretariat, a School or any other purpose under the Act. \r\n(6) The Authority may conduct a third party performance evaluation in \r\nrespect of a School and may publish the result of the evaluation. \r\n5. Managing Director.– (1) The Government shall appoint a person as the \r\nManaging Director who shall be the chief executive officer of the Authority. \r\n(2) The Government shall determine the terms and conditions of service of \r\nthe Managing Director.  \r\n(3) The Managing Director shall hold office for a term of three years. \r\n(4) The Government may remove the Managing Director, during the tenure \r\nof his office, for reasons to be recorded in writing.  \r\n(5) The Managing Director shall perform such functi ons and exercise such \r\npowers as may be conferred or delegated by the Authority. \r\n(6) The Managing Director may delegate any of his powers or functions to \r\na governing body or an employee of the Authority. \r\n6. Secretariat and Secretary .– (1) The Authority may establish its secretariat  \r\nwith any number of posts and incidental costs as it deems appropriate. \r\n(2) The Government may appoint a person as Secretary of the Authority in \r\nthe prescribed manner. \r\n7. Schools and governing bodies .– (1) The Authority shall, by n otification, \r\ndeclare a School as Daanish School or Center of Excellence. \r\n(2) The Authority shall, by notification, appoint a governing body of a \r\nSchool for a period of two years. \r\n(3) The governing body shall consist of five or more members who, in the \r\nopinion of the Authority, possess sound moral and financial integrity, enjoy an \r\nunquestioned and non -controversial reputation and do not have any conflict of \r\ninterest with the aims and objects of the School. \r\n(4) The Authority shall nominate one of the members of the governing \r\nbody as Convener of the governing body. \r\n(5) The Principal of a School shall be the secretary of the governing body \r\nof the School. \r\n(6) The Authority shall not appoint a private person as member of more \r\nthan two governing bodies. \r\n(7) The Authority shall delegate administrative and financial powers to the \r\ngoverning body and the administration of a School in the prescribed manner. \r\n(8) The Authority may, for reasons to be recorded in writing, dissolve a \r\ngoverning body and appoint a new governing  body within three months of the \r\ndissolution of the governing body.  \r\n(9) If the Authority dissolves a governing body, it may appoint any person \r\nas administrator of the School to look after the affairs of the School till the \r\nappointment of the governing body. \r\n8. Powers of governing bodies .– Subject to the overall supervision of the \r\nAuthority, a governing body may– \r\n(i) receive charities and donations;  \r\n(ii) maintain accounts and finance of the School;  \r\n(iii) make appointment of teaching and non teaching staff  of the School in \r\nthe prescribed manner; and  \r\n(iv) administer day to day affairs of the School through administration. \r\n9. Admission to Daanish Schools .– (1) The governing body of a Daanish \r\nSchool shall ensure that admission in the School is merit -based within a particular \r\ncategory or sub-category in terms of the provisions of this section. \r\n(2) The governing body of a Daanish School shall admit students, on ten \r\npercent seats, who shall pay the fee and other expenses, as may be determined by \r\nthe governing body. \r\n(3) Subject to sub -section (2), the governing body of a Daanish School \r\nshall admit the destitute, most deprived and marginalized student, if the total \r\ncombined gross income of the members of the household of the student does not \r\nexceed six thousand rupe es per month, or any other amount as may be notified by \r\nthe Authority and the student, in order of precedence, falls in either of the following \r\nsub-categories: \r\n(a) he is orphan having lost both of his parents and having no guardian or \r\nbeing taken care of by an elder sibling or a member of extended family; \r\n(b) he is orphan and living with his mother; \r\n(c) his both parents are illiterate, the parents do not own any immovable \r\nproperty and either of them is disabled; \r\n(d) he has been a school dropout and his both parents are illiterate and the \r\nparents do not own any immovable property; \r\n(e) his both parents are illiterate, the parents do not own any immovable \r\nproperty and do not have any fixed job or source of income; \r\n(f) he is not resident of a town, tehsil or dis trict headquarters and any of \r\nhis parent is a semi -skilled or unskilled menial village worker, and the \r\nparents do not own any immovable property and are illiterate; and \r\n(g) he is resident of a town, tehsil or district headquarters and his \r\nhousehold resides in a katcha house. \r\n(4) The governing body of a Daanish School may admit a student whose \r\nparent is an employee of the School. \r\n(5) The antecedent verification committee shall determine the merit for \r\nadmission in the School on the basis of criteria mentioned in this section. \r\n(6) The governing body may, for reasons to be recorded in writing, alter or \r\nset aside a decision of the antecedent verification committee if it finds that the \r\ndecision is not based on the criteria for admission. \r\n10. Members to act pro bon o.– A member of a governing body shall act pro \r\nbono and shall not receive any remuneration for any service rendered as the \r\nmember of the governing body. \r\n11. Financial management.– (1) A governing body shall maintain the accounts \r\nof the School in the prescribed manner. \r\n(2) The Authority shall appoint a firm of chartered accountants for annual \r\naudit of accounts of a School. \r\n(3) The Government may order a partial or complete audit of account of a \r\nSchool and may take such action as it deems necessary. \r\n12. Fund.– (1) There shall be a Fund of the Authority, which shall vest in the \r\nAuthority and in which shall be credited all moneys received by the Authority. \r\n(2) The fund shall be kept in such custody and shall be utilized and \r\nregulated in such manner as may be prescribed. \r\n(3) The fund shall consist of: \r\n(a) grants made or loans advanced by the Government or the Federal \r\nGovernment; \r\n(b) aid and assistance, grants, advances, donations and other non -\r\nobligatory funds received from any person, body or entity, national or \r\ninternational agency; \r\n(c) loans and advances obtained from the financial institutions with the \r\napproval of the Government; and \r\n(d) any other income received from any other source. \r\n(4) The Authority may receive, own and maintain a property transferred to \r\nit by any person, body or organization. \r\n13. Budget and accounts.– (1) The Managing Director shall prepare the annual \r\nbudget of the Authority. \r\n(2) The Managing Director shall, with the approval of the Chairperson, \r\nplace the budget proposals for approval befor e the Authority at least thirty days prior \r\nto the commencement of a financial year. \r\n(3) The accounts of the Authority shall be maintained in such manner as \r\nmay be prescribed. \r\n14. Audit.– (1) The Government shall appoint a firm of chartered accountants for \r\nthe annual audit of accounts of the Authority. \r\n(2) The firm of chartered accountants shall submit the annual audit report \r\nof the Authority to the Government. \r\n15. Reports.– (1) A governing body shall prepare an annual performance report \r\nof the School for a year ending on 30th April. \r\n(2) A governing body shall, before 31 st May, submit the annual \r\nperformance report to the Authority for evaluation. \r\n(3) The Authority shall prepare an annual performance report for a \r\nfinancial year before 31st July and forward the report to the Government. \r\n(4) The Government shall, within ninety days of the receipt of the report, \r\nsubmit a notice for laying the annual report in the Provincial Assembly of the Punjab. \r\n16. Public servants .– A person appointed, acting or purporting to a ct in \r\npursuance of any provision of this Act, shall be deemed to be public servant within \r\nthe meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860). \r\n17. Instructions and guidelines.– (1) The Authority may issue general or special \r\ninstructions or guidelines to a governing body for proper management of the School on \r\nany matter incidental to the functioning of the School. \r\n(2) The instructions or guidelines issued by the Authority shall be binding \r\non a governing body and administration. \r\n18. Transfer of Government employees .– (1) The Government may, with the \r\nconcurrence of the Authority, transfer the services of any of its employees to the \r\nAuthority. \r\n(2) The Authority may, with the concurrence of an employee and the \r\nGovernment, absorb the services of the employee into its service. \r\n(3) The terms and conditions of the service of an employee transferred \r\nfrom the Government or absorbed in the service of the Authority shall be such as \r\nmay be prescribed. \r\n19. Advisors, consultants etc .– The Authority may a ppoint such advisors, \r\nconsultants or experts as may be necessary for the efficient performance of its \r\nfunctions on such terms and conditions as may be prescribed. \r\n20. Rules.– The Government may, by notification, make rules for carrying out the \r\npurposes of this Act. \r\n21. Regulations.– Subject to the rules, the Authority may, by notification, frame \r\nregulations to give effect to the provisions of the Act. \r\n22. Dissolution and savings .– (1) The Authority may dissolve a Society by \r\nissuing a notification for dissolution of the Society. \r\n(2) An asset or liability of a Society, dissolved by the Authority, shall stand \r\ntransferred to the Authority.  \r\n(3) The Authority shall transfer the assets of a Society to a governing body \r\nin accordance with the provisions of this Act. \r\n(4) A decision or action taken by any public functionary or a Society, \r\nbefore the commencement of this Act, shall be deemed to have been taken in good \r\nfaith for the purposes of the Act. \r\n(5) In this section, “Society” means a society registered, before com ing \r\ninto force of this Act, under the Societies Registration Act 1860 (XXI of 1860) for the \r\npurpose of establishment and running a Daanish School. \r\n23. Repeal.– The Punjab Education Authority Ordinance 1999 (LII of 1999) is \r\nhereby repealed.",
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