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  "title": "PUNJAB EDUCATION FOUNDATION ACT 2004",
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  "text": "THE PUNJAB EDUCATION FOUNDATION ACT, 2004 \r\n(XII of 2004) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Establishment of the Foundation \r\n4. Functions of the Foundation \r\n5. Board of Directors \r\n6. Managing Director \r\n7. Filling in vacancy \r\n8. Resignation of Director \r\n9. Removal of Director \r\n10. Fund \r\n11. Committees \r\n12. Authentication of decisions \r\n13. Rules \r\n13A. Directions of the Government \r\n14. Regulations \r\n15. Indemnity \r\n16. Repeal and Savings \r\nTEXT \r\n1\r\nTHE PUNJAB EDUCATION FOUNDATION ACT, 2004 \r\n(XII of 2004) \r\n[9th June, 2004] \r\nAn \r\nAct \r\nto provide for the restructuring of the Punjab Education Foundation. \r\nPreamble.– Whereas it is expedient to restructure the Punjab Education Foundation \r\nfor the promotion of education, specifically encouraging and supporting the eff orts of \r\nthe private sector in providing education to the poor and matters ancillary thereto; \r\nIt is hereby enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\nPunjab Education Foundation Act, 2004. \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, unless there is anything repugnant in the subject or \r\ncontext– \r\n(a) “Act” means the Punjab Education Foundation Act, 2004; \r\n(b) “Board” means the Board of Directors constituted under section 5; \r\n(c) “Chairperson” means the Chairperson of the Board elected under \r\nsection 5; \r\n(d) “Director” means the Director of the Board; \r\n(e) “educational institution” means a primary, middle, high, and higher \r\nsecondary school, teacher tra ining institution, special education \r\ninstitution, and any other institution engaged in education -related \r\nactivities; \r\n(f) “financial assistance” includes grants, loans, scholarships, stipends, \r\nand rewards; \r\n(g) “Foundation” means the Punjab Education Foundat ion established \r\nunder section 3; \r\n(h) “Fund” means the Fund established under section 10; \r\n(i) “Government” means the Government of the Punjab; \r\n(j) “grant-in-aid” means monies that are non-refundable; \r\n(k) “loan” means a refundable sum of money with or withou t mark up or \r\nservice charge; \r\n                                                           \r\n1This Act was passed by the Punjab Assembly on 26 May 2004; assented to by the Governor of the Punjab on 5 June 2004; \r\nand, was published in the Punjab Gazette (Extraordinary), dated 9 June 2004, pages 1455-1458. \r\n(l) “Managing Director” means the Managing Director of the Foundation; \r\n(m) “non-governmental organization (NGO)” means a non -governmental \r\norganization registered as such under the laws of Pakistan; \r\n(n) “prescribed” means prescribed by rules made under this Act; and \r\n(o) “quorum” means quorum of the meeting of the Board specified in \r\nsection 5(6). \r\n3. Establishment of the Foundation .– (1) There shall be established a Punjab \r\nEducation Foundation. \r\n(2) It shall be a body corporate havi ng perpetual succession and a \r\ncommon seal with power to hold and dispose of moveable property and to acquire, \r\nhold, and sell immoveable property with the approval of the Government and shall by \r\nthe said name sue and be sued. \r\n2\r\n[(3) The Foundation shall have its Headquarter at Lahore and may, with the \r\napproval of the Board, establish regional offices outside Lahore.] \r\n4. Functions of the Foundation.– The functions of the Foundation shall be to– \r\n(i) provide financial assistance for the establishment, expansion,  \r\nimprovement, and management of educational institutions and allied \r\nprojects; \r\n(ii) provide incentives to students, teachers, and Educational Institutions; \r\n(iii) promote public-private partnerships relating to education; \r\n(iv) provide technical assistance to  Educational Institutions for testing \r\npolicy interventions and innovative programmes for replication; \r\n(v) rank private educational institutions based on educational standards; \r\n(vi) raise funds through donations, grants, contributions, subscriptions etc.; \r\n(vii) assist Educational Institutions in capacity building, including training of \r\nteachers; and \r\n(viii) undertake any other function as may be assigned to it by the Board \r\nwith the approval of the Government. \r\n5. Board of Directors .– (1) The executive authorit y and managing of the \r\nFoundation shall vest in the Board. \r\n3\r\n[(2) The Board shall consist of fifteen Directors including the Chairperson \r\nand Managing Director to be appointed by the Government in the following manner: \r\n(a) eight Directors including at least \r\n4\r\n[two] women from amongst the non -\r\ngovernmental organizations, philanthropists, technocrats, \r\nacademicians, parliamentarians and public representatives; \r\n                                                           \r\n2Substituted by the Punjab Education Foundation (Amendment) Act 2016  (XVIII of 2016 ), published in the Punjab Gazette  \r\n(Extraordinary), dated: 4 March 2016, pp. 4103-4104, s.2. \r\n3Substituted by the Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016), published in the Punjab Gazette \r\n(Extraordinary), dated: 4 March 2016, pp. 4103-4104, s.3. \r\n4Substituted for the word “three” by the Punjab Education Foundation (Amendment) Act 2025 (LXVIII of 2025), published in the \r\nPunjab Gazette (Extraordinary), dated: 05 August 2025, p. 655, s.2(a). \r\n5\r\n[Provided that three Directors shall be members of the Provincial Assembly of \r\nthe Punjab with at least one woman member; \r\n      Provided further that the Directors from non -governmental organizations, and \r\nacademicians must possess demonstrable expertise and experience in their \r\nrespective fields.] \r\n(b) Secretary to the Government, Finance Department; \r\n(c) Secretary to the Government, School Education Department; \r\n(d) Secretary to the Government, Literacy and Non -Formal Basic \r\nEducation Department; \r\n(e) Secretary to the Government, Social Welfare and Bait -ul-Maal \r\nDepartment; \r\n(f) Secretary to the Government, Planning and Development Department; \r\n(g) Vice Chancellor, University of Education, Lahore; and  \r\n(h) Managing Director who shall also be the Secretary of the Board. \r\nExplanation.– The members mentioned from (b) to (f) may be represented by their \r\nnominees not below the rank of an Additional Secretary.] \r\n6\r\n[(3) The Board shall elect the Chairperson from amongst the Directors \r\nappointed under clause (a) of subsection (2) for a period of three years.] \r\n(4) The Directors, other than ex -officio Directors, shall hold office for a  \r\nterm of three years and shall be eligible for re -appointment. The retiring Directors \r\nshall continue to perform their functions till their successors are appointed. \r\n7\r\n[(5) * * * * * * * * * * *   ] \r\n8\r\n[(6) Six Directors including at least three Directors appo inted under clause \r\n(a) of subsection (2) shall constitute the quorum for a meeting.] \r\n(7) The Board meeting shall be presided over by the Chairperson or, in his \r\nabsence, by a Director duly nominated by the Chairperson. \r\n(8) The Board shall appoint the employ ees and other functionaries of the \r\nFoundation and determine the terms and conditions of their employment. \r\n(9) No act or proceedings of the Board shall be invalid merely on the \r\nground of the existence of any vacancy or any defect in the constitution of the Board. \r\n(10) The Board may delegate any of its powers to the Managing Director to \r\nenable him to carry out its functions. \r\n9\r\n[(11) The Board shall establish an effective system for monitoring, \r\nsupervision and control of the discharge of functions under the Act.] \r\n                                                           \r\n5Added by the Punjab Education Foundation (Amendment) Act 20 25 (LXVIII of 20 25), published in the Punjab Gazette \r\n(Extraordinary), dated: 05 August 2025, p. 655, s.2(b). \r\n6Substituted by the Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016), published in the Punja b Gazette \r\n(Extraordinary), dated: 4 March 2016, pp. 4103-4104, s.3. \r\n7Omitted by the Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016), published in the Punjab Gazette \r\n(Extraordinary), dated: 4 March 2016, pp. 4103-4104, s.3. \r\n8Substituted by the Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016), published in the Punjab Gazette \r\n(Extraordinary), dated: 4 March 2016, pp. 4103-4104, s.3. \r\n6. Managing Director .– (1) The \r\n10\r\n[Government] shall appoint a Managing \r\nDirector who shall be the Chief Executive of the Foundation. \r\n(2) The Managing Director may exercise all such powers and do all acts \r\nand things as authorized by the Board. \r\n11\r\n[(3) The Board shall determine the terms and conditions of service of the \r\nManaging Director.] \r\n12\r\n[7. Filling in vacancy .–The Government may fill a vacancy of Director, other \r\nthan an ex-officio Director, by appointing an eligible person for the unexpired period \r\nof the term of his predecessor.] \r\n8. Resignation of Director.– A Director, other than an ex-officio Director, may at \r\nany time, resign his office by addressing a letter to the Chairperson; provided that the \r\nresignation shall not take effect until it has been accepted by the Government. \r\n9. Removal of Director.– Government may remove a Director from the Board in \r\nsuch circumstances and in such manner as may be prescribed. \r\n10. Fund.– (1) There shall be established a Fund which shall vest in the \r\nFoundation and to which shall be credited– \r\n(i) grants made by the Federal, Provincial Governments and the local \r\nbodies; \r\n(ii) income from investments made by the Foundation; \r\n(iii) donations, endowments and subscriptions from organizations and \r\nindividuals; \r\n(iv) revolving funds placed  by the Government at the disposal of the \r\nFoundation; \r\n(v) donations, endowments and grants from international organizations, \r\nsubject to approval of the Government; and \r\n(vi) all other sums received by the Foundation from any other source. \r\n(2) The Fund shall  be kept in such custody and shall be utilized and \r\nregulated in such manner as may be determined by the Board. \r\n(3) The accounts of the Foundation shall be maintained in such form and \r\nmanner as may be prescribed and shall be audited by an auditor, to be app ointed by \r\nthe Government, being a person who is a Chartered Accountant within the meaning of \r\nthe Chartered Accountants Ordinance, 1961 (Ordinance No. X of 1961). \r\n                                                                                                                                                                                     \r\n9Inserted by the Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016), published in the Punjab Gazette \r\n(Extraordinary), dated: 4 March 2016, pp. 4103-4104, s.3. \r\n10Substituted for the word “Board” by the Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016), published in the \r\nPunjab Gazette (Extraordinary), dated: 4 March 2016, pp. 4103-4104, s.4. \r\n11Inserted by the Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016), published in the Punjab Gazette \r\n(Extraordinary), dated: 4 March 2016, pp. 4103-4104, s.4. \r\n12Substituted by the Punjab Education Foundation (Amendment) Act 2 016 (XVIII of 2016), published in the Punjab Gazette \r\n(Extraordinary), dated: 4 March 2016, pp. 4103-4104, s.5. \r\n(4) The Managing Director shall, at the close of each financial year, submit \r\nto the Board the audited annual statement of accounts of the Foundation, together \r\nwith the report of the auditor. \r\n(5) The Managing Director shall submit to the Board at the end of each \r\nfinancial year a report of the activities of the Foundation during that year. \r\n11. Committees.– (1) The Board may constitute such financial, technical, advisory \r\nand other committees as may be deemed necessary for carrying out the purposes of this \r\nAct. \r\n(2) The composition and functions of the committees shall be such as the \r\nBoard may determine. \r\n12. Authentication of decisions .– All decisions of the Board shall be \r\nauthenticated by the signatures of the Chairperson and the Managing Director. \r\n13. Rules.– The Government may, by notification, make rules for carrying out the \r\npurposes of this Act. \r\n13\r\n[13A. Directions of the Government .– In the performance of its functions, the \r\nFoundation shall be bound by and shall give effect to the directions of the \r\nGovernment.] \r\n14. Regulations.– Subject to the provisions of this Act and the rules framed \r\nthereunder, the  Board may, with the previous approval of the Government, make \r\nregulations as may be necessary to carry out the purposes of this Act. \r\n15. Indemnity.– No suit, prosecution or other proceedings shall lie against any \r\n14\r\n[Director,] officer or employee of the Fo undation or any other person exercising any \r\npower or performing any function under this Act or the rules or regulations made \r\nthereunder for anything done in good faith. \r\n16. Repeal and Savings.– (1) On the commencement of this Act– \r\n(i) the Punjab Education Foundation Act, 1991 (I of 1991), shall stand \r\nrepealed; \r\n(ii) the Punjab Education Foundation established under the Punjab \r\nEducation Foundation Act, 1991 (I of 1991), shall stand dissolved; \r\n(iii) the assets and liabilities created under the said repealed Ac t shall \r\nstand transferred to the Foundation; and \r\n(iv) all rules made under the Punjab Education Foundation Act, 1991, shall \r\nremain in force in so far as they are not inconsistent with the provisions \r\nof this Act until the Rules are framed under this Act. \r\n(2) Save as otherwise specifically provided, nothing in this Act or any repeal \r\neffected thereby shall affect or be deemed to affect anything done, action taken, \r\n                                                           \r\n13Inserted by the Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016), published in the Punjab Gazette \r\n(Extraordinary), dated: 4 March 2016, pp. 4103-4104, s.6. \r\n14Inserted by the Punjab Education Foundation (Amendment) Act 2016 (XVIII of 2016), published in the Punjab Gazette \r\n(Extraordinary), dated: 4 March 2016, pp. 4103-4104, s.7. \r\nproceedings commenced, orders, rules, regulations, appointments, mortgages or \r\nagreements made, di rections given or instruments executed or issued, under or in \r\npursuance of any law repealed or amended by this Act and any such thing, action, \r\nproceedings, orders, rules, regulations, appointments, mortgages, agreements, \r\ndirections or instruments shall, if  in force at the commencement of this Act and not \r\ninconsistent with any of the provisions of this Act, continue to be in force, and have \r\neffect as if it were respectively done, taken, commenced, made, given, executed or \r\nissued under this Act.",
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