N.-W.F.P. Boards of Intermediate and Secondary Education Act 1990

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ACT V OF 1990

NORTH‑WEST FRONTIER PROVINCE BOARD OF INTERMEDIATE

AND SECONDARY EDUCATION ACT, 1990

An Act to reconstitute and establish Board of Intermediate and Secondary Education in .the North‑West Frontier

Province and to amend and consolidate the law relating thereto

[Gazette of N.‑W.F.P., Extraordinary, 4th December, 1990]

No. PA/NWFP/Legis:‑1/90/18535, dated 4‑12‑‑1990.‑‑The North‑West Frontier Province Board of Intermediate and Secondary Education Bill, 1990, having been passed by the Provincial Assembly of the North‑West Frontier Province on the 28th November, 1990 and assented to by the Governor of the North‑West Frontier Province on 3rd December, 1990, is hereby published as an Act of the Provincial Legislature of North‑West Frontier Province.

Preamble: ‑Whereas it is expedient to reconstitute and establish Boards of Intermediate and Secondary Education in the North‑West Frontier Province and to amend and consolidate the law relating thereto;

It is hereby enacted as follows:‑‑

  1. **Short title, extent and commencement. (1)**This Act may be called the North‑West Frontier Province Boards of Intermediate and Secondary Education Act, 1990.

(2) It shall extend to whole of the North‑West Frontier Province.

(3) It shall come into force at once.

  1. **Definitions:----**In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say‑‑

(a) "Board" means a Board of Intermediate and Secondary Education constituted or reconstituted under section 3;

(b) "Chairman" means the Chairman of a Board;

(c) "College" means an institution within the jurisdiction of a Board and recognised by it for intermediate education and includes a college having intermediate, degree and post‑graduate classes and affiliated to a University for the Degree classes;

(d) "Committee" means a committee specified in section 18;

(e) "Controller of Examinations" means the Controller of Examinations of a Board;

(f) "Controlling Authority" means the Controlling Authority of a Board as specified in section 11;

(g) "Government" means the Government of the North‑West Frontier Province;

(h) "Head of an Institution" means the Principal of a college or the Principal, Headmaster or Headmistress of a school;

(i) "higher secondary education" means education pertaining to Class XI and Class XII and such other classes as may be declared by Government to be classes of higher secondary education;

(j) "institution" means a college or school, as the case may be;

(k) "intermediate college" means an institution recognised for imparting instructions to Class XI and Class XII and includes an institution having classes for intermediate and secondary education:

(1) "intermediate education" means education pertaining to Class XI and Class XII;

(m) "member" means a member of a Board;

(n) "prescribed" means prescribed by regulations or rules;

(o) "Principal" means the head of a college or school, as the case may be;

(p) "recognised" means recognised by a Board;

(q) "regulations" and "rules" respectively mean the regulations and rules made or deemed to have been made under this Act;

(r) "school" means an institution within the jurisdiction of a Board and recognised by it only for secondary and higher secondary education;

(s) "secondary education" means education pertaining to Class IX and Class X and such other classes as may be declared by Government to be classes of secondary education;

(t) "Secretary" means the Secretary of a Board.

(u) "section" means a section of this Act; and

(v) "University" means the University having jurisdiction within an area in which a Board functions under section 4.

  1. Establishment and incorporation.‑‑(l) Government may, by notification in the official Gazette, constitute and establish one or more Boards, or reconstitute an existing Board, as it may deem fit.

(2) A Board shall be a body corporate and shall have perpetual succession and a common seal with power to acquire, hold and transfer property and may sue or be sued by its corporate name.

  1. Jurisdiction of the Board.‑‑Whileconstituting or reconstituting a Board under section 3, Government shall specify the territorial limits within which, or the institutions in respect of which, a Board shall exercise its jurisdiction.

  2. **Constitution of a Board.‑‑(1)**A Board shall consist of the following members, namely:

(i) the Chairman;

(ii) the Vice‑Chancellor of the University of Peshawar, or a University Professor nominated by him;

(iii) the Vice‑Chancellor of the Gomal University or a Professor nominated by him;

(iv) the Chairman of other Boards of Intermediate and Secondary Education in the North‑West Frontier Province, if any;

(v) the Director of Education (Colleges), the Director of Education (Schools) and the Director of Education (FATA), North‑West Frontier Province;

(vi) one representative of the Syndicate of the concerned University;

(vii) one Principal of a male college to be elected by the Principals of all male colleges situated within the jurisdiction of the Board concerned;

(viii) one Principal of a female college to be elected by the Principals of all female colleges situated within the jurisdiction of the Board concerned;

(ix) two persons nominated by the Controlling Authority;

(x) one Principal or Headmaster of a school for boys to be elected by the Principals and Headmasters of all boys schools situated within the jurisdiction of the Board concerned; and

(xi) one Principal or Headmistress of a school for girls to be elected by the Principals and Headmistress of all girls schools situated within the jurisdiction of the Board concerned.

(2) The names of the nominated and elected members shall be notified in the official Gazette.

(3) The term of office of members, other than ex officio members, shall be two years.

(4) No member appointed by virtue of his office shall continue to be a member if he ceases to hold that office.

(5) When a person ceases to be a member of a Board, he shall cease to be a member of any committee of which he may be a member.

  1. Resignation of member.‑‑A member may resign his membership by a letter addressed to the Chairman.

  2. Removal of a member.‑‑(l) A member shall be liable to be removed by the Controlling Authority if he‑‑

(i) becomes of unsound mind; or

(ii) is declared insolvent by a competent Court; or

(iii) is convicted by a criminal Court of an offence involving moral turpitude.

(2) The decision of the Contorlling Authority removing a member from his office under subsection (1) shall be final and shall not be questioned by or before any Court or other authority.

  1. Causal vacancies:‑(1) Whenever there occurs a vacancy in the membership of a Board due to death, resignation or removal, it shall be filled in accordance with the provisions of this Act.

(2) The person who fills the vacancy referred to in subsection (1) shall be a member for the full term of two years.

  1. Meeting of the Board.‑‑(1) The Chairman may, whenever he considers necessary, and shall, on a requisition from at least six members call a meeting of the Board.

(2) The quorum for meetingsof a Board shall be six.

  1. Powers of a Board:‑(1) Subject to the provisions of this Act a Board shall have power to organise, regulate, develop and control intermediate education and secondary education.

(2) In particular and without prejudice to the generality of the powers conferred by the preceding subsection, a Board shall have the power‑‑

(i) to hold and conduct all examinationspertaining to intermediate education, secondary education, Pakistani and classical languages and such other examinations as may be determined by Government;

(ii) to prescribe courses of study for its examinations;

(iii) to lay down conditions for recognition of institutions;

(iv) to accord, refuse or withdraw recognition, wholly or partly‑‑

(a) in the case of schools, after considering inspection reports received from the Divisional Director of Education concerned; and

(b) in the case of intermediate colleges and institutions preparing candidates for languages, examinations after considering reports of an Inspection Committee appointed by the Board in this behalf;

(v) to inspect and arrange for inspection of recognised institutions and call for inspection reports in respect of such institutions;

(vi) to lay down conditions for admission to its examinations, to determine the eligibility of candidates and to admit them to such examinations;

(vii) to grant certificates and diplomas to persons who have passed its examinations and to withdraw such certificates and diplomas;

(viii) to fix, demand and receive such fees as may be prescribed;

(ix) to supervise the residence, health and discipline of the students of recognised institutions with a view to promoting their general welfare;

(x) to institute and award scholarships; medals and prizes, in the prescribed manner;

(xi) to organise and promote extra‑mural activities in and for recognised institutions;

(xii) to hold, control and administer its property and funds;

(xiii) to enter into and carry out contract in exercise of its powers and in the performance of its duties under this Act and the Regulations;

(xiv) to pass its annual budget;

(xv) to transfer any movable and immovable property belonging to it;

(xvi) to hold and manage endowments;

(xvii) to regulate and decide all administrative matters including the creation and abolition of posts under the Board:

Provided that a post carrying an initial Basic Pay Scale 17 and above shall ‑not be created without the prior approval of the Controlling Authority;

(xviii) to appoint such officers and staff as it may consider necessary for the performance of its functions and define their duties and conditions of service;

(xix) to make provisions for buildings, premises, furniture, apparatus, books and other means required for carrying out the purposes of this Act;

(xx) to sanction or incur such expenditure as may be necessary for carrying out the purposes of this Act; and

(xxi) to do all other acts necessary for carrying out the purposes of this Act.?????????

(3) A Board may delegate any of its powers to its Chairman or any officer of the Board or to a committee or sub‑committee appointed by it, as it may deem fit.?????????????????????????????????????????????????????????????????

  1. Controlling Authority.‑‑The Governor, North‑West Frontier Province, or his nominee shall be the Controlling Authority of a Board or Boards, if there are more Boards than one.

  2. Powers of the Controlling Authority.‑‑(l) The Controlling Authority shall have the power to cause an inspection to be made, by such person or persons as it may direct, of the offices, activities and funds of, and the examinations conducted by, a Board, and to cause an enquiry to be made in like manner in respect of any matter concerning a Board.

(2) The Controlling Authority shall communicate to a Board the result of such inspection or enquiry and may advise a Board to take such action and within such period as may be specified.

(3) The Board shall report to the Controlling Authority the action it proposes to take or has taken on such communication.

(4) Where a Board does not, within a reasonable time, take action to the satisfaction of the Controlling Authority, the Controlling Authority may, after considering any explanation made by the Board, issue such directions as it thinks fit, and the Chairman shall comply with such directions.

(5) If the Controlling Authority is satisfied that any proceeding of a Board or a committee is not in conformity with the provisions of this Act, the Controlling Authority may, without prejudice to the foregoing provisions of this section, by order in writing, annul such proceeding:

Provided that before making any such order, the Controlling Authority shall, through the Chairman, call upon the Board or the Committee, as the case may be, to show cause why such an order should not be made.

(6) The Controlling Authority may, from time to time direct a Board, to conduct its affairs and to perform its functions, in such manner as may be specified.

(7) The Controlling Authority may require a Board to furnish it with:

(i) any return, statement, estimate, statistics or other information regarding any matter under the control of the Board; or

(ii) a report on any such matter; or

(iii) a copy of any document in the charge of the Board, and the Chairman shall comply with every such requisition.

(8) Notwithstanding anything to the contrary contained in this Act, the Controlling Authority may‑‑

(i) place the services of any of the officers or other employees of any Board at the disposal of Government or any other Board or institution for such period and on such terms and conditions as may be determined by him; provided that such terms and conditions shall not be less favourable than those admissible to him immediately before his transfer;

(ii) make appointment to any post in the Board in any capacity from persons in the service of Pakistan or from officers or other employees of any other Board; and

(iii) make regulations concerning efficiency and discipline of officers and other employees of the Board.

  1. Officers of the Board.‑‑The following shall be the officers of a Board:

(ii) the Secretary;

(iii) the Controller of Examinations; and

(iv) such other officers as may be appointed by the Board.

  1. Chairman.‑‑(l) The Chairman shall be a whole time officer and shall be appointed by the Controlling Authority on such terms and conditions as may be determined by the Controlling Authority.

(2) The Chairman shall hold the post during the pleasure of the Controlling Authority for a term not exceeding 4 years.

(3) If at any time the office of the Chairman is vacant, temporarily or otherwise, by reason of leave illness or other cause for a period not exceeding one year, the Controlling Authority shall make such arrangements for carrying on the duties of the Chairman as it may think fit.

(4) The Chairman shall be the principal executive and academic officer of the Board and shall, when present, preside at the meetings of the‑ Board or of a Committee speed in subsection (2) of section 18.

(5) It shall be the duty of the Chairman to ensure that the provisions of this Act and the regulations and rules are faithfully observed and carried out, and he shall exercise all powers necessary for this purpose.

(6) Subject, to clause (xvii) of subsection (2) of section 10, the Chairman may, in case of urgency, create a temporary post in the Board and may appoint a person against that post for a period not exceeding six months:

Provided that every appointment so made shall be reported within sixty days of such appointment to the Board for confirmation. ,

(7) In any emergency arising out of the administrative business of a Board and requiring, in the opinion of the Chairman, immediate action, the Chairman may take such action as he may deem necessary and shall report the action taken to the Board at its next meeting for approval.

(8) The Chairman shall exercise such other powers as may be prescribed by regulations.

  1. Secretary and Controllerof Examinations.‑‑(l) The Secretary and the Controller of Examinations shall be whole time salaried officer of the Board and shall be appointed by the Controlling Authority on such terms and conditions as it may determine.

(2) The Secretary and the Controller of Examinations shall hold office for a term of three years from the date of notification of their appointments and shall be eligible for re‑appointment for such further period, not exceeding three years, as may be specified in the order of re‑appointment.

(3) Notwithstanding the provisions contained in subsections (1) and (2), the Controlling Authority may; at any time, review the work of the Secretary and the Controller of Examinations and if on such review it is satisfied that in the interest of the Board, or for any other sufficient cause, it is necessary so to do, it may, after giving the Secretary or, as the case may be, the Controller of Examinations, an opportunity of showing cause, dispense with his services any time during the original or extended term of this office.

  1. Other Officers.‑‑Subject to the provisions of this Act, the powers and duties of other officers of a Board shall be such as may be determined by the Board concerned.

  2. Retirement of officers and employees of the Board.‑‑An officer or other employee of a Board shall retire from service on the completion of the sixtieth year of his age.

  3. Committees of a Board.‑‑(1) There shall be a Joint Academic Committee which shall serve all the Boards constituted or reconstituted under this Act.

(2) Besides the Joint Academic Committee, a Board shall have the following committees, namely:

(i) the Finance Committee;

(ii) the Appointments Committee;

(iii) Committee for appointment of paper‑setters and head examiners;

(iv) Committee of courses; and

(v) such other committee or committees as the Board may appoint.

(3) A committee may appoint such sub‑committees as it may consider necessary:

  1. Constitution functions and duties of committees.‑‑The constitutions, functions and duties of committees shall be such as may be prescribed by regulations.

  2. Power of a Board to make regulations.‑‑(l) A Board may; subject to the approval of Government, frame regulations, not inconsistent with the provisions of this Act to carryout the purposes of this Act provided that‑‑

(i) a Board shall not propose draft of regulations effecting the constitution or power of any authority of the Board until such authority has been given an opportunity of expressing an opinion in writing upon the proposals;

(ii) a Board shall not have the power to make any regulation concerning efficiency and discipline of officers and other employees; and

(iii) the draft of regulations shall be forwarded to the Controlling Authority and shall not be effective until it has been approved by the Controlling Authority.

(2) In particular and without prejudice to the generality of the foregoing powers, such regulations may provide for‑

(a) the terms and conditions of service of the employees of a Board, including matters relating to grant of leave to, and retirement from service of, such employees;

(b) the constitution of pension or provident fund or both for the benefit of the officers and other employees of a Board;

(c) the admission of institutions to the privilege of recognition and the withdrawal of recognition;

(d) a general scheme of studies, including the total number of subjects to be taught and the duration of courses; and

(e) all other matters required under any of the provisions of this Ordinance to be prescribed by regulations.

  1. Power of a Board to make rules.‑‑ABoard may make rules consistent with this Ordinance and the regulations to provide for‑‑

(i) the inspection of institutions and the reports, returns and other information to be furnished by them;

(ii) the conditions of admission of candidates to the examinations held by it and their eligibility for diplomas, certificates and titles;

(iii) the manner and the form in which accounts of a Board shall be maintained; and

(iv) such other matters as may be required under the regulations to be provided by the rules.

  1. Fund.‑‑ A Board shall have fund to which shall be credited all its income, including income from fees, endowments, grants and contributions.

  2. Accounts and audit.‑‑(l) The accounts of a Board shall be maintained in such form and in such manner as may be prescribed by rules.

(2) The accounts of the Board shall be audited in such manner as may be prescribed by regulations.

(3) A Board shall, as soon as possible after the end of every financial year, submit to Government the annual statement of its accounts, duly audited, together with the report of the auditor.

  1. Provident fund or pension.‑‑(1) A Board shall establish for the benefit of its employees such pension or provident fund or both as it may deem fit in such manner and subject to such conditions as may be prescribed by regulations.

(2) Government may, be notification in the official Gazette, declare that the provisions of the Provident Fund Act, 1925 (Act XI of 1925), shall apply to a provident fund established by a Board and on the making of such declaration that Act shall apply as if such Board were Government and the said fund were the Government provident fund.

  1. Submission of yearly reports and returns.‑‑ABoard shall submit to the Controlling Authority, as soon as possible after the end of every financial year but not later than the 30th September, a report on the conduct of its affairs for that year.

  2. Members of the Board prohibited from deriving monetary gains.‑(1) No member shall draw any fee or other remuneration in any capacity whatever from the funds of the Board or enter into any contract with the Board directly or through any other person in connection with the affairs of the Board:

Provided that the emoluments of the Chairman shall be paid from the funds of the Board in accordance with the terms and conditions of his appointment.

(2) Nothing in this section shall be deemed to prohibit a member of a committee from receiving from the Board remuneration in lump sum for writing, compiling or editing a book intended to be prescribed for an examination of the Board.

  1. Bar against membership.‑‑No person who has any financial interest in any book prescribed by a Board as a course of study for any examination conducted by such Board or has a financial interest as a partner or otherwise in any firm which publishes, procures or supplies any such book, shall be eligible to become a member of such Board, or a committee thereof or continue as such after having acquired any such interest.

  2. Validations.‑‑No act or proceedings of a Board or any Committee shall be invalid merely by reason of the existence of a vacancy on the Board or the Committee, as the case may be, or by reason of any irregularity in the appointment of any member of the Board or the committee.

  3. Bar of suit.‑‑No act done, order made or proceedings taken by a Board in pursuance of the provisions of this Act shall be called in question in any Court.

  4. Members and employees of Board deemed tobe public servants.‑ Members of a Board and its committees, the employees of a Board and other persons appointed for carrying out the purposes of this Act, shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code (Act XLI of 1860).

  5. Protection of acts and order.‑‑No suit fordamages or other legal proceedings shall be instituted against Government, the Controlling Authority, a Board, a Committee, a member of a committee or an officer or employee of a Board in respect of anything done or purported to have been done in good faith in pursuance of the provisions of this Act and the regulations and rules made thereunder.

  6. First regulations.‑‑Notwithstanding anything to the contrary contained in this Act, the regulations set out in the Schedule to this Act shall be deemed to be the First Regulations framed by each Board under section 20 of this Act.

  7. **Transitional provisions.‑‑(1)**Till such time as the constitution of a Board under section 5 is completed, the Chairman and the ex officio members shall exercise all the powers and perform all the duties of a Board and its committees.

(2) A Board shall exercise all powers and perform all duties of thecommittees of a Board till such time as the committees are constituted.

(3) If any difficulty arises in giving effect to the provisions of this Ordinance, the Controlling Authority may take such action to remove the difficulty as, in the circumstances of the case, it may deem necessary.

  1. Savings.‑‑Notwithstanding anything to the contrary contained in this Act, everything done, action taken, jurisdiction or power conferred, recognition granted and order issued under any of the provisions of the North‑West Frontier Province Board of Intermediate and Secondary Education Ordinance, 1990 (N.‑W.F.P. Ord. No. I of 1990), and the regulations and rules, if any, made thereunder, shall, if not inconsistent with the provisions of this Act and the regulations and rules made thereunder, be continued and, so far as may be, be deemed to have respectively been done, taken, conferred, granted and issued under this Act and the regulations and rules made thereunder.

  2. Repeal.‑‑The North‑West Frontier Province Boards of Intermediate and Secondary Education (Second) Ordinance, 1990 (N.‑W.F.P. Ordinance No.IV of 1990), is hereby repealed.

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