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  "title": "PUNJAB SEIZED AND FREEZED INSTITUTIONS (MADAARIS AND SCHOOLS) ACT 2019",
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  "text": "THE PUNJAB SEIZED AND FREEZED INSTITUTIONS \r\n(MADAARIS AND SCHOOLS) ACT 2019 \r\n (XX of 2019) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Board \r\n4. Removal of non-official members \r\n5. Meetings of the Board \r\n6. Powers of the Board \r\n7. Establishment of the Directorate \r\n8. Transitional provisions for employees of the Institutions \r\n9. Properties \r\n10. Board Fund \r\n11.  Maintenance of accounts \r\n12. Annual Financial Statement \r\n13. Returns and statements \r\n14. Audit \r\n15. Chairperson, members, employees to be public servants \r\n16. Powers to make rules \r\n17. Regulations \r\n18. Exception \r\n19. Indemnity \r\n20. Validation  \r\n21. Removal of difficulties \r\n22. Repeal and saving \r\n  \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB SEIZED AND FREEZED INSTITUTIONS (MADAARIS AND \r\nSCHOOLS) ACT 2019 \r\n  (XX of 2019) \r\n    [26th November, 2019] \r\nAn \r\nAct \r\nto establish the Madaaris and Schools Management Board in the Punjab. \r\nIt is necessary to establish the Madaaris and Schools Management Board; to \r\nmanage the seized and freezed  institutions; to ensure mainstreaming of students of \r\nsuch institutions; and to provide for the matters connected t herewith and ancillary \r\nthereto. \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Seized and Freezed Institutions (Madaaris and Schools) Act 2019. \r\n (2) It extends to whole of the Punjab and shall apply to such institutions as \r\nmay be notified by the Government. \r\n (3) It shall come into force from such date as the Government may, by \r\nnotification in the official Gazette, specify. \r\n \r\n2. Definitions.– In the Act: \r\n(a) “Act” means the Punjab Seized and Freezed Institutions \r\n(Madaaris and Schools) Act 2019; \r\n(b) “Board” means the Board constituted under section 3 of the Act; \r\n(c) “Chairperson” means the Chairperson of the Board; \r\n(d) “Committee” means a Committee constituted by the Board \r\nunder the Act;   \r\n(e) “Directorate” means the Directorate established under section 7 \r\nof the Act; \r\n(f) “Government” means Government of the Punjab; \r\n(g) “Institutions” means the madaaris or schools seized and freezed \r\nunder section 2 of the United Nations (Security Council) Act \r\n1948 (XIV of 1948)  read with the United Nations Security \r\nCouncil (Freezing and Seizure) Order 2019, published in the \r\nGazette of Pakistan on 4 March 2019, and any other educational \r\nor training institution notified by the Government under the Act \r\nand includes an establishment , a property or an organization \r\nattached thereto; \r\n                                                      \r\n1This Act was passed by Provincial Assembly of the Punjab on 18 November 2019; assented to by the Governor of the Punjab \r\non 25 November 2019; and, was published in the Punjab Gazette (Extraordinary), dated: 26 November 2019, pp.1673-1677. \r\n \r\n \r\n(h) “member” means a member of the Board; \r\n(i) “prescribed” means prescribed by the rules made or the \r\nregulations framed under the Act; \r\n(j) “regulations” means the regulations framed by the Board under \r\nthe Act;  \r\n(k) “rules” means the rules made by the Board under the Act; and \r\n(l) “seizing agency” means a seizing agency notified under  section \r\n2 of the United Nations (Security Council) Act 1948 (XIV of \r\n1948) read with the United Nations Security Council (Freezi ng \r\nand Seizure) Order 2019, published in the Gazette of Pakistan \r\non 4 March 2019.  \r\n3. Board.– (1) For the efficient management and control of the institutions, the \r\nGovernment shall, by notification in the official Gazette, constitute a Board to be \r\nknown as Madaaris and Schools Management Board. \r\n (2) The Board shall be a body corporate, having perpetual succession and \r\na common seal, with power to enter into contracts and to acquire, hold and dispose \r\nof property, movable and immovable, and shall in its name sue and be sued. \r\n(3) The Board shall consist of the following: \r\n(a) Secretary to the Government, School \r\nEducation Department;  \r\nChairperson \r\n(b) Secretary to the Government, Finance \r\nDepartment or his nominee not below the \r\nrank of an Additional Secretary;  \r\nVice Chairperson \r\n(c) Secretary to the Government, Law and \r\nParliamentary Affairs Department or his \r\nnominee not below the rank of an \r\nAdditional Secretary; \r\nmember \r\n(d) Secretary to the Government \r\n(Regulations Wing), Services and \r\nGeneral Administration Department or his \r\nnominee not below the rank of an \r\nAdditional Secretary; \r\nmember \r\n(e) Special Secretary to the Government, \r\nHome Department or his nominee not \r\nbelow the rank of an Additional Secretary; \r\nmember \r\n(f) three non -official members, including at \r\nleast one woman, to be nominated by the \r\nChief Minister Punjab; and \r\nmembers \r\n(g) Director of the Directorate. member/Secretary \r\n \r\n(4) The non-official members shall have such qualification and experience \r\nand shall serve for such period as may be prescribed through regulations.  \r\n \r\n \r\n4. Removal of non -official members .– The Chief Minister may remove any \r\nnon-official member before the expiry of  his term without assigning any reason \r\nthereof. \r\n5. Meetings of the Board .– The meetings of the Board shall be held at such \r\ntime and at such place and in accordance with such procedure as may be prescribed \r\nby the regulations. \r\n6. Powers of the Board .– Subject to the provisions of the Act, the Board shall \r\nhave the powers to: \r\n(a) acquire and dispose of a property and to enter into contracts; \r\n(b) recruit and determine terms and conditions of employees of the \r\ninstitutions, including special dispensation if required; \r\n(c) formulate the budget of the institutions;  \r\n(d) lay down the procedure for the conduct of its business; \r\n(e) set up any Committee as may be required for carrying out the \r\npurposes of the Act;  \r\n(f) hire the services of staff belonging to the othe r Provinces as \r\none-time dispensation only; and \r\n(g) delegate powers to the Chairperson or a Committee or the \r\nDirector of the Directorate or any employee of the Board, except \r\nthe power to make rules or frame regulations. \r\n7. Establishment of the Directorate.– (1) The Government shall, by notification \r\nin the official Gazette, establish a Directorate headed by Director having such \r\nnumber of employees on such terms and conditions as the Board may determine \r\nthrough regulations. \r\n(2) The Directorate shall be managed  and controlled by the Board in such \r\nmanner as may be prescribed.  \r\n(3) The Directorate shall manage the properties of the institutions and \r\naffairs of the students of these institutions, as may be prescribed through \r\nregulations. \r\n8. Transitional provisions for employees of the Institutions .– Any person, \r\nnot below the age of eighteen years, serving in connection with the affairs of the \r\ninstitutions, in any capacity immediately before the date notified under subsection (3) \r\nof section 1 of the Act, hereinafter referred to as the “said date” , shall be deemed to \r\nhave been an employee of the Board on such terms and conditions as the Board \r\nmay determine:  \r\nProvided that such terms and conditions shall not be less favorable than those \r\ndetermined by the seizing agency as notified and were admissible to an employee \r\nimmediately before commencement of the Act:  \r\nProvided further that no such employee shall be dismissed or removed from \r\nemployment or reduced in rank by any authority other than the Board. \r\n \r\n \r\n9. Properties.– (1) All liabilities of the institutions on the said date shall stand \r\ntransferred to the Board. \r\n(2) All properties, movable or immovable, owned by an institution shall \r\nvest in the Board: \r\nProvided that where a property is not owned by an institution, such propert y \r\nshall be managed and controlled by the Board. \r\n10. Board Fund.– (1) There shall be a fund to be known as Board Fund. \r\n(2) The Board Fund shall consist of: \r\n  (a) grants-in-aid made by the Government; \r\n  (b) loans obtained from the Government; \r\n(c) aid and loa ns obtained by the Board with the prior approval of \r\nthe Government on such terms and conditions as may be \r\napproved by the Government; and \r\n  (d) fees and other sums received by the Board. \r\n(3) All moneys at the credit of the Board shall be kept in such manne r as \r\nmay be prescribed. \r\n(4) The Board Fund shall be utilized by the Board in connection with its \r\nfunctions under the Act, including the payment of salaries and other remunerations \r\nof the employees of the Board. \r\n11. Maintenance of accounts.– The Board shall maintain complete and accurate \r\nbooks of accounts in such form and manner as may be prescribed. \r\n12. Annual Financial Statement .– The Board shall submit a statement of \r\nestimated receipts and expenditure in respect of the next financial year to the \r\nGovernment for approval, at such time and in such manner as may be prescribed \r\nand the Board shall give effect to any modification made therein by the Government. \r\n13. Returns and statements .– (1) As soon as may be after the close of every \r\nfinancial year but  not later than the last day of September next following, the Board \r\nshall submit to the Government for approval a report on the conduct of its affairs for \r\nthat year. \r\n(2) The Government may direct the Board to furnish: \r\n(a) any return, statement, estimate, statistics or other information or \r\nreport regarding any matter under the control of the Board; or \r\n(b) a copy of any document in the custody of the Board, and the \r\nBoard shall comply with every such direction. \r\n14. Audit.– The accounts of the Board shall be audited in such manner as may \r\nbe prescribed. \r\n15. Chairperson, members, employees to be public servants .– The \r\nChairperson and members of the Board, members of any of a Committee constituted \r\nunder the Act and the employees of the Board shall be deemed to be public servants \r\nwithin the meanings of section 21 of the Pakistan Penal Code 1860 (XLV of 1860). \r\n \r\n \r\n16. Powers to make rules .– (1) The Board may, with prior approval of the \r\nGovernment, make rules for carrying out the purposes of the Act. \r\n(2) In particular and without prejudice to the generality of the foregoing \r\npowers, such rules may provide for: \r\n(a) forms and registers for keeping the accounts of the institutions; \r\n(b) time and manner of submission of annual financial statement to \r\nthe Government for approval; \r\n(c) returns, statements, estimates, statistics, information or reports \r\nfor submission to the Government; \r\n(d) manner in which the accounts of the Board shall be audited; \r\n(e) manner in which Board Fund shall be kept; and \r\n(f) any other matter under the provisions of the Act. \r\n17. Regulations.– (1) The Board may frame regulations, not inconsistent with the \r\nprovisions of the Act and the rules to carry out the purposes of the Act. \r\n(2) Without prejudice to the generality of the foregoin g powers, such \r\nregulations may provide for: \r\n(a) schedule of meetings of the Board and the procedure to be \r\nfollowed in such meetings; \r\n(b) circumstances in which an ordinary or special meeting may be \r\nconvened; \r\n(c) manner in which the minutes shall be circulated and confirmed;  \r\n(d) powers to be exercised and functions to be performed by a \r\nCommittee; \r\n(e) terms and conditions of employment of employees of the Board;  \r\n(f) delegation of administrative and financial powers to the \r\nDirectorate, a Committee or an employee of the Board; \r\n(g) manner in which the Board Fund shall be disbursed; \r\n(h) procurement of goods and services; and \r\n(i) any other matter within the scope of the Act. \r\n18. Exception.– The provisions of the Punjab Civil Servants Act 1974 (VIII of \r\n1974), the Punjab Regularization of Service Act 2018 (XV of 2018) , the rules, \r\nregulations, policies and instructions made thereunder, shall not apply to the \r\nemployees of the Board. \r\n19. Indemnity.– No suit, prosecution or other legal proceedings shall lie against  \r\nthe Board, the Chairperson or any employee of the Board in respect of anything \r\ndone in good faith in public interest or intended to be done under the Act, the rules, \r\nthe regulations or the instructions issued thereunder. \r\n20. Validation.– All orders made, proceedings taken, acts done, instructions \r\nissued, powers exercised, appointments made thereunder by any authority which \r\n \r\n \r\nwere made, taken, done or purported to have been made, taken, done, issued, or \r\nexercised immediately before the comme ncement of the Act and after the said date, \r\nshall be deemed to have been validly made, taken, done, issued or exercised and \r\ndeemed always to have had effect accordingly.  \r\n21. Removal of difficulties .– If any difficulty arises in giving effect to any \r\nprovision of the Act, the Chief Minister may make such order not inconsistent with \r\nthe provisions of the Act, as may appear to him to be necessary for the purpose of \r\nremoving such difficulty. \r\n22. Repeal and saving. – (1) The Punjab Seized and Freezed Institutions  \r\n(Madaaris and Schools) Ordinance 2019 (V of 2019) is hereby repealed.  \r\n (2) Notwithstanding the repeal of the Punjab Seized and Freezed \r\nInstitutions (Madaaris and Schools) Ordinance 2019 (V of 2019), all actions taken \r\nunder the repealed Ordinance from the  date of repeal of the said Ordinance till the \r\ndate of commencement of the Act shall be deemed to have been taken under the \r\nAct.",
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