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 Board's
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1. SHORT
TITLE AND COMMENCEMENT:
- This act may be called the Federal
Board of Intermediate and Secondary Education
Act, 1975
- It shall come into force on such
date as the Federal Government may, by notification
in the official Gazette, appoint in this behalf.
2. DEFINITIONS:
In this Act, unless there
is anything repugnant in the subject or context
- “Board”
means the Federal Board of Intermediate
and Secondary Education.
- “Chairman” means Chairman of the Board.
- “College” means an institution within
the jurisdiction of the Board and recognized
by it for Intermediate Education, and includes
a college having Intermediate and Degree classes
and affiliated to a University for the Degree
classes;
- “Committee” means a committee constituted
under this act.
- “Head of an Institution” means the
principal of a college or the headmaster or
headmistress of a school.
- “Headmaster” and “Headmistress”
include the principal of school.
- “Institution” means a college or a
school;
- “Intermediate College” means an institution
recognized for imparting Intermediate Education,
and includes an institution imparting both Intermediate
Education and Secondary Education;
- “Intermediate Education” means education
pertaining to Class XI and Class XII;
- “Prescribed” means prescribed by regulations;
- “Principal” means head of a college;
- “Recognized” means recognized by the
Board;
- “School” means an institution within
the jurisdiction of the Board & recognized by
it only for imparting Secondary Education;
- “Regulations” means regulations made
under this Act;
- “Secondary Education” means education
pertaining to Class IX and Class X and such
other classes as may be declared by the Federal
Government to be classes of Secondary Education;
and
- “Secretary” means Secretary of the
Board.
3. JURISDICTION OF THE BOARD:
The Board shall exercise
the powers conferred on it by or under this
Act in respect of the institutions within the
Federal Capital, the Federally Administered
Tribal Areas, and such states and territories,
not forming part of a Province, as are or may
be included in Pakistan, whether by accession
or otherwise institutions established by Pakistan
Mission or citizens of Pakistan in foreign countries
and such institutions located within the jurisdiction
of Cantonment Boards constituted under the Cantonments
Act, 1924 (II of 1924), as seek recognition
of the Board.
5. COMPOSITION
OF THE BOARD:
- The Board shall consist
of the following members, namely,
- the Chairman, to be appointed by the Federal
Government.
- two Vice-Chancellors to be nominated by the
University Grants Commission;
- a nominee of the Ministry of Education not
below the rank of Deputy Secretary in the Federal
Government;
- a nominee of the Directorate of Military Lands
and Cantonments to represent the Cantonment
Boards;
- one principal to be elected in the prescribed
manner by the principals from amongst themselves;
- one headmaster of a school for boys to be
elected in the prescribed manner by the headmasters
of schools for boys from amongst themselves;
- one headmistress of a school for girls to
be elected in the prescribed manner by the headmistresses
of schools for girls from amongst themselves;
- the Director General, Federal Directorate
of Education, Islamabad;
- the Director, Institute of Islamic Research,
Islamabad.
- three members, of whom one shall be a woman,
to be elected by the national Assembly from
amongst its members;
- Two members to be elected by the Senate from
among its members; and
- one representative each of the Provincial
Government, the Azad Government of the State
of Jammu and Kashmir, the administration of
the Federally Administered Tribal Areas and
the Areas of Gilgit, Baltistan, Nagar Haveli
and Hunza.
6. TERMS
OF MEMBER OF THE BOARD:
- Unless the Federal Government, being of the
opinion that it is necessary in the public interest
so to do, removes him from office, a member,
other than an ex-officio member, shall hold
office for a period of three years from the
date of his election or nomination, as the case
may be.
- No ex-officio member shall continue to be
a member if he ceases to hold the office by
virtue of holding which he was appointed.
- Any casual vacancy in the office of a member,
other than an-officio member, shall be filled
by election or nomination, as the case may be
and the person so elected or nominated shall
hold office for the unexpired period of the
term of his predecessor.
- Any member of the Board may, by writing under
his hand addressed to the Chairman, resign his
office, provided that the resignation shall
not have effect until it is accepted by the
Chairman.
- A member shall, on the expiry of his term
of office, be eligible for re-election or re-nomination.
7. MEETINGS
OF THE BOARD:
- The meeting of the Board shall be held in
such manner and at such time as may be prescribed.
Provided that, until regulations are made in
this behalf, such meetings shall be called by
the Chairman.
- In the absence of the Chairman from any meeting
of the Board the members present shall elect
a member from among themselves to preside at
that meeting.
- No act or proceedings of the Board shall be
invalid merely on the ground of the existence
of a vacancy in or defect in the constitution
of, the Board.
8. POWERS
AND FUNCTIONS OF THE BOARD:
- Subject to the other provisions of this Act,
the Board shall have power to organize, regulate,
develop and control Intermediate Education and
Secondary Education.
-
In particular,
and without prejudice to the generality of
the foregoing power, the Board shall have
the power to:
-
hold and
conduct examinations pertaining to Intermediate
Education and Secondary Education;
-
prescribe
courses of instruction for examinations
conducted by the Board, provided that
the Board may prescribe different courses
of instruction for different classes of
institution;
-
recognize
institutions in Pakistan or outside Pakistan,
-
control and
regulate, with the approval of the Federal
Government the examinations held at the
Intermediate Education and Secondary Education
level in Pakistan by foreign agencies,
professional institutions or bodies or
universities;
-
withdraw
recognition if it is satisfied after inspection
carried out under clause (h) that the
standards of management and instruction
in an institution justify withdrawal,
provided that the recognition shall not
be withdrawn without the prior approval
of the Federal Government;
-
fix, demand
and receive such fees as may be prescribed;
-
cause an
inspection to be made by such person or
persons as the Board may nominate of recognized
institutions or institutions applying
for recognition;
-
adopt[t measures
to promote the physical and moral well-being
of students of recognized institutions
and supervise their residence, health
and discipline;
-
organize
and provide lectures, demonstrations,
educational exhibitions and take such
other measures as are necessary to promote
the standard of Intermediate and Secondary
Education.
-
Institute
and award scholarships; medals and prizes
subject to such conditions as may be prescribed
and to accept endowments for the same
subject to such conditions as the Board
may deem fit;
-
prescribe
text-books or other books study and to
arrange publication of such text-books
or other books;
-
regulate
the imposing of penalties for misconduct
of students, teachers, examiners and examinees;
-
prescribe
qualifications for the appointment of
teachers in the institutions recognized
by the Board.
-
submit to
the Federal Government its views on any
matter with which it is concerned or which
the Federal Government or any provincial
Government or a educational institution
may refer to it for its advice;
-
deposit its
surplus funds in any nationalized bank
of Pakistan.
-
enter into
and carry out contracts in exercise of
its powers and in the performance of its
duties under this Act and the regulations;
-
regulate
and decide all administrative matters
including the creation and abolition of
posts under the Board.
-
appoint such
officers and staff as it may consider
necessary for the performance of its functions
and to define their duties and conditions
of service;
-
pass its
annual budget;
-
sanction
or incur such expenditure as may be necessary
for carrying out the purposes of this
act and
-
do all other
acts necessary for carrying out the purposes
of this act.
- The Board may delegate any of its powers to
the Chairman or any officer of the Board or
to a committee or sub-Committee appointed by
it.
9. POWER
OF THE FEDERAL GOVERNMENT:
- The Federal Government
shall have the power to cause inspection to
be made by such person or persons as it may
direct, of the officers, activities, and funds
of, and all the examinations conducted by, the
Board and to cause in inquiry to be made in
like manner in respect of any matter concerning
the Board.
-
The Federal
Government shall communicate to the Board
the result of such inspection or inquiry and
may advise the Board to take such actions
and within such period as may be specified.
-
The Board shall
report to the Federal Government the action
it proposes to take or has taken on such communication.
-
Where the Board
does not, within a reasonable time, take action
to the satisfaction of the Federal Government
the Federal Government may, after considering
any explanation made by the Board, issue such
directions as it thinks fit and the Chairman
shall comply with such directions.
-
The Federal
Government may, from time to time, direct
the Board to conduct its affairs and perform
its functions in such manner as may be specified.
-
The Federal Government
may, require the board to furnish it with:
-
any return,
statement, estimate, statistics or other
information regarding any matter relating
to, or under the control of, the Board
or
-
a report
on any such matter; or
-
a copy of
any document in the charge of the Board;
and the Chairman shall comply with every
such requisition.
- If the board fails or neglects to comply with
the directives or orders given to it under sub-section
(5) or if, in the opinion of the Federal government,
the Board persistently makes defaults in the
performance of its functions under this Act.
The Federal Government may supersede the Board
and appoint the Chairman in the place of such
Board until a new Board is established in accordance
with the provisions of this Act and no such
supersession or appointment shall be questioned
in any court.
10. OFFICERS
OF THE BOARD:
The following shall be the
officers of the Board, namely:
- The Chairman;
- The Secretary; and
- Such other officers as may be appointed by
the Board.
11. APPOINTMENT,
POWERS & DUTIES OF CHAIRMAN:
- The Chairman shall be appointed
by the Federal Government on such terms and
conditions as the Federal Government may determine.
- The Chairman shall hold office for a term
of three years but shall be eligible for re-appointment
for a second term not exceeding three years;
Provided that, notwithstanding the expiry of
the terms of his office, he shall continue to
hold office until his successor is appointed
and enters upon his office.
- If at any time the office of Chairman is vacant,
or he is unable to perform his functions, temporarily
or otherwise by reason of leave, illness or
other cause for a period not exceeding one year,
the Federal Government shall make such arrangements
for carrying on the duties of Chairman as it
may think fit; and, until such arrangement are
made, the Secretary shall perform the duties
of the Chairman.
- It shall be the duty of the Chairman to ensure
that the provisions of this Act and the regulations
are faithfully observed, and he shall exercise
all powers necessary for this purpose.
- If an emergency arises out of the administrative
business of the Board which, in the opinion
of the Chairman, requires that immediate action
should be taken, the Chairman, may take such
action as he deems necessary and shall report
the action taken to the Federal Government and
to the Board at its next meeting for approval.
- The Chairman shall exercise such other powers
as may be prescribed.
12. APPOINTMENT,
POWERS & DUTIES OF THE SECRETARY:
- The Secretary shall be appointed by the Federal
Government on such terms and conditions and
for such period as the Federal Government may
think fit,
- The Secretary shall, subject to the control
of the Chairman, be the chief administrative
officer of the Board, shall be responsible for
ensuring that the orders of the Board and the
Chairman are carried out and shall execute all
contracts for and on behalf of the Board.
- The Secretary shall be responsible for ensuring
that all moneys are expended on the purpose
for which they are granted or allotted and for
preparing and submitting to the Board for approval
an annual statement of accounts and budget estimates.
- The Secretary shall exercise
such other powers as may be prescribed.
13. APPOINTMENT
AND CONSTITUTION OF COMMITTEES:
- The Board shall appoint Committee of Courses,
a Finance Committee and such other committees
as it may deem necessary for the proper execution
of its business.
- Each committee shall consist of members of
the Board and of such other persons, if any,
as the Board, in each case may think fit to
appoint;
Provided that a person nominated by the Federal
Government shall be a member of the Finance
Committee.
- A Committee may, subject to the approval of
the Chairman, co-opt persons if the committee
so feels.
- The terms of office of a member of a committee
co-opted under sub-section (3) shall be one
year from the date of co-option;
Provided that a person co-opted in his
capacity as a member of a particular body or
as the holder of a particular appointment shall
hold office only for so long as the case may
be.
14. FUND:
The Board shall have a fund
to which shall be credited all income of the
Board, including income from fees, endowments,
grants and contributions.
15. ANNUAL
AUDIT OF ACCOUNTS:
- The accounts of the Board
shall be maintained in such form and in such
manner as may be prescribed.
- The accounts of the Board
shall be audited every year by the Accountant
General, Pakistan Revenues.
- The Board shall, at the time
of Audit, produce all accounts, registers, documents
and other papers which may be required by the
auditor to assist him in his investigations;Provided
that, if the Federal Government certifies, that
a particular document is secret, the auditor
shall accept in lieu of such documents statement
in respect there of duly certified by the chairman;
Provided further that, if such a document is
confidential, the auditor shall be responsible
for preventing disclosure of its contents.
- The board shall, as soon
as possible after the end of each financial
year, submit to the Federal Government, the
annual statement of the accounts of the Board,
duly audited, together with the report of the
auditor.
16. PROVIDENT
FUND:
The Board may establish
a Provident Fund for the benefit of its employees
and, there it establishes such fund, the provisions
of the Provident Funds Act, 1925 (XIX of 1926),
shall apply to such fund.
17. POWERS
OF THE BOARD TO MAKE REGULATIONS:
- The
Board may, with the approval of the Federal
Government, make regulations for carrying out
the purposes of this Act.
- In
particular, and without prejudice to the generality
of the foregoing power, the regulations may
provide for all any of the following matters,
namely:
- the procedure for the
conduct of, and the number of members required
to form a quorum at, meetings of the Board
and the committees;
- the conduct of examinations,
including the appointment of examiners and
their duties, powers and remuneration;
- the conditions for
admission of candidates to the examinations
held by the Board and their eligibility
for diplomas, certificates and titles;
- the conditions for
the recognition of institutions and the
withdrawal of recognitions;
- the courses of study
to be followed in the institutions imparting
Intermediate Education or Secondary Education
or education for other examinations conducted
by the Board;
- the institution of
scholarships and prizes;
- the election and co-option
of members of the Board and its committees;
- the constitution, powers
and duties of committees;
- the appointment of
employees of the Board and the conditions
of their service;
- the constitution of
a Provident Fund for the benefit of the
employees of the Board; and
-
such
other matters as may be necessary for
giving effect to the provisions of this
Act.
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