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District Education Authorites conduct of business rules 2017

GOVERNMENT OF THE PUNJAB

LOCAL GOVERNMENT AND COMMUNITY DEVELOPMENT DEPARTMENT

07 August 2017

NOTIFICATION

No.SOR(LG)38-10/2017. In exercise of the powers conferred under section 144 of the Punjab Local Government Act 2013 (XVIII of 2013) and after previous publication, Governor of the Punjab is pleased to make the following rules:

CHAPTER I

INTRODUCTION

1. Short title and commencement. (1) These rules may be cited as the Punjab District Education Authorities (Conduct of Business) Rules 2017.

(2) They shall come into force at once.

2. Definitions. (1) In these rules:

(a) “Act” means the Punjab Local Government Act 2013 (XVIII of 2013);

(b) “administrative department” means the School Education Department of the Government.

(c) “Authority” means the District Education Authority;

(d) “budget” means an official statement of the income and expenditure of the Authority for a financial year;

(e) “Committee” means the committee constituted under rule 4 of the rules;

(f) “Chief Executive Officer” means the Chief Executive Officer of the Authority;

(g) “department” means the School Education Department, Literacy and Non-formal Basic Education or Special Education Department of the Government;

(h) “inclusive education” includes the education of children with special needs in the institutions for general education;

(i) “non-formal education institution” means a non-formal basic education school, adult literacy center or its modifications as present in vertical interventions of the Government;

(j) “rules” means the Punjab District Education Authorities (Conduct of Business) Rules 2017;

(k) “Schedule” means the Schedule appended to the rules; and

(l) “school” means the school managed or administered by the District Education Authority and includes:

(i) a school owned and managed by Government; the

(ii) a special education center of the Government; and

(iii) an educational institution functioning under the administrative control of the department.

(2) An expression used but not defined in the rules shall have the same meaning as is assigned to it under the Act.

CHAPTER II

 THE AUTHORITY

3. Meeting of the Authority.- (1) The Authority shall meet at least once in a month.

(2) The Chairman, on his own or on the recommendations of the Chief Executive Officer, shall fix the date, time, venue and agenda of the meeting.

(3) The Chief Executive Officer shall circulate the meeting notice, agenda and working papers at least three working days prior to the date of the meeting but an emergency meeting may be called on a shorter notice.

(4) The Chief Executive Officer shall record the minutes of each meeting of the Authority and, after approval of the Chairman or the person who presided that meeting, circulate the minutes and present the minutes in the next meeting of Authority for confirmation.. (5) At least one third of the total members of the Authority shall constitute the quorum for a meeting, a fraction being counted as one vote, but the quorum for consideration and approval of the budget shall be simple majority

(6) The Authority shall not take up any other business during the budget meeting.

(7) The meeting of the Authority shall be adjourned if the quorum is not met within 45 minutes of the time fixed for the meeting and the next meeting of the Authority shall be held the next week on the same day, time and venue to dispose of the agenda for the adjourned meeting and the Authority may dispose of that agenda even if the quorum is not available.

(8) In case of urgency, the Authority may take a decision through circulation amongst all the members and the decision shall be taken in terms of the views of at least one third of the total members.

(9) The procedure provided in sub-rule (7) and sub-rule (8) shall not apply to the consideration and approval of the budget.

4. Constitution of the Committees.-(1) The Chief Minister may constitute one or more committee to make recommendations to the Government for appointment of:

(a) Chairman;

(b) Vice Chairman;

(c) technocrat members; and

(d) Chief Executive Officer.

5. Chairman, Vice Chairman etc.- (1) The Chairman and the Vice- Chairman shall not hold any other office of profit.

(2) The Vice-Chairman shall act as Chairman in case the office of the Chairman is vacant or the Chairman is unable to perform his functions for any reasons whatsoever.

(3) The Government shall, within four months from the date of occurrence of the vacancy, fill the vacancy of the Chairman, Vice- Chairman or technocrat members.

(4) The Chairman, Vice Chairman and the members of the Authority shall be domiciled in and residents of the District concerned.

(5) A technocrat members shall have:

(a) at least sixteen years of education recognized by the Higher Education Commission;

(b) at least five years of experience in the relevant field; and

(c) expertise in at least one of the following areas:

(i) Education;

(ii) General Administration;

(iii) Finance and Accounts;

(iv) Sports; and

(v) Law.

(6) The Government may, by notification, determine the honoraria or any other benefits for the Chairman, Vice-Chairman and members of the Authority.

6. Functions of the Chairman and Vice-Chairman- (1) The Chairman shall:

(a) preside over the meetings of the Authority;

(b) ensure that the business at a meeting is conducted in accordance with law; and

(c) perform such other functions as the Authority may delegate to the Chairman.

(2) The Vice-Chairman shall:

(a) participate as member of the Authority in the presence of the Chairman;

(b) preside over the meetings of the Authority in the absence of the Chairman; and

(c) perform such other functions as the Authority may delegate to the Vice Chairman

CHAPTER III

CHIEF EXECUTIVE OFFICER

7. Appointment of the Chief Executive Officer.- (1) Subject b sub-rule 3, the Chief Executive Officer shall be appointed through open competition and in a transparent manner, from public or private sector on contract basis for a term of three years.

(2) The Chief Executive Officer shall be selected on the basis of criteria mentioned in Schedule-I.

(3) Subject to the Act, the Government may appoint a civil servant, not below the rank of basic pay scale 18 as the Chief Executive Officer, on temporary basis, in case the office of the Chief Executive Officer is vacant or the Chief Executive Officer is unable to perform his functions for any reason whatsoever.

(4) If the Government, on the recommendations of the Authority, is satisfied with the performance and output of the. Chief Executive Officer, it may extend the term of the contract under sub-rule (1) for such period as it may deem fit.

8. Terms and Conditions of Service of the Chief Executive Officer.- (1) The Chief Executive Officer shall be entitled to such salary and allowances and other benefits as the Government may prescribe.

(2) The Government, for reasons to be recorded, may allow higher pay package in any individual case if the qualifications, experience and other credentials so justify.

9. Functions of Chief Executive Officer. The Chief Executive Officer shall:

(a) be the Principle Accounting Officer and the Chief Operating Officer of the Authority;

(b) perform such other functions as are assigned to him in the Act, the rules or as the Authority may delegate or as the Government may assign;

(c) prepare and circulate agenda of the meetings of the Authority and maintain or cause to be maintained the record of the meetings, including the minutes of each meeting; and

(d) be responsible to conduct the meetings of the Authority.

10. Performance of the Chief Executive Officer.- (1) The Chairman shall initiate the performance evaluation report of the Chief Executive Officer and the Secretary of the administrative department shall countersign such report.

(2) The administrative department shall communicate the adverse remarks, if any, to the Chief Executive Officer.

(3) The Chief Executive Officer may file a representation to the Chief Secretary within thirty days from the date of the receipt of any adverse remarks; and, the Chief Secretary may after affording personal hearing to all concerned and recording reasons, either expunge, partly or wholly, the adverse remarks or reject the representation.

(4) The Chief Minister, on the recommendations of the Authority or otherwise, may at any time dispense with the services of the Chief Executive Officer after affording him reasonable opportunity of being heard if his work and performance has not been up to the mark.

11. Organogram of the Authority. The administrative department shall, by notification, issue the organogram of the Authority.

12. Human Resource Management. (1) The Government may, in the prescribed manner, form the service cadre for a District Education Authority or a group of District Education Authorities.

(2) The terms and condition of appointment, training, transfer, performance appraisal, conduct, discipline, termination of the employees, other than the Chief Executive Officer, shall be such as may be prescribed but until so prescribed, the Authority may, with the approval of the Government, adopt, with or without modification, the rules and policies applicable to the civil servants.

(3) The service of the Government servants for the time being serving with the Authority shall be considered as Government service for purposes of pension, leave, promotion and other benefits as prescribed by the Government.

13. Accounts.- (1) The accounts of all receipts and expenditure of the Authority shall be kept in such form and in accordance with such principles and methods as prescribed by the Auditor General of Pakistan.

(2) The Accountant General and the concerned District Accounts Officer shall maintain the accounts of the District Education Authority.

(3) The Accountant General and the concerned District Accounts Officer shall pre-audit all the payments disbursed from the Local Fund of the District Education Authority.

(4) The District Education Authority shall not withdraw or disburse any money from Local Fund unless it is pre-audited in the prescribed manner.

(5) The Accountant General shall, by the thirtieth day of July each year, prepare annual statement of the receipts and expenditure of the accounts of the Authority for the preceding financial year and shall transmit the statement to the Government and the Authority.

14. Functions of District Education Officer.- The District Education Officer shall facilitate and coordinate with the Authority for enabling it to run on-ground operations and make functional all vertical interventions of the Government through the administrative department.

15. Function of District Education Officer (Literacy).- The District Education Officer (Literacy) shall:

(a) facilitate and coordinate with the Authority for enabling it to run on-ground operations and make functional all vertical interventions of the Government through the concerned department;

(b) act as drawing and disbursing officer for the funds of projects run department; by ог under the administrative

(c) provide the requisite information and reports to the administrative department; and

(d) comply with the instructions and policies of the Government.

CHAPTER IV

SERVICE DELIVERY

16. Standards. (1) The Authority shall implement the policies and standards approved by the Government, particularly in the following areas:

(a) assessments;

(b) training designs;

(c) curricula;

(d) textbook development;

(e) school calendar;

(f) teaching;

(g) student-teacher ratio;

(h) enrolment and retention;

(i) basic facilities including building and furniture;

(j) learning outcomes;

(k) criteria for the up-gradation of schools; and

(l) hygiene and school safety.

(2) The Authority shall implement the policies and standards approved by the Government in respect of special education and literacy and non-formal basic education, particularly in following areas:

(a) assessments;

(b) training design;

(c) modification of curricula for students with disabilities;

(d) school calendar;

(e) teaching;

(f) student-teacher ratio;

(g) enrollment and retention;

(h) basic facilities including building and furniture;

(i) learning outcomes;

(j) criteria for up-gradation of schools;

(k) hygiene and school safety;

(l) annual calendar of activities for special education institutions;

(m) transport policy;

(n) provision of incentives notified from time to time;

(o) awareness programmes about education empowerment of disabled children; and

(p) observance of national and international days for the disabled;

(q) public private partnership in special education and inclusive education; and

(r) provision of supportive services, like psychological support, physiotherapy, guidance and counseling, mobility and orientation, speech therapy and sports in special education institutions.

(3) The standards, mentioned in this rule, shall be set out in detail, covering both the inputs and outputs.

(4) The Authority may set additional standards for schools, complementary to the standards laid down by the Government.

17. Curricula.– The Authority shall follow the curricula approved by the Punjab Curriculum and Text Book Board.

18. Lesson Plans and Textbooks.- (1) The Government shall:

(a) define lesson plans for all subjects and grades;

(b) prescribe textbooks for all subjects and grades;

(c) provide braille books and lesson plans for special education institutions; and

(d) provide learning materials, adult literacy courses and lesson plans for all the subjects and grades in their respective schools.

(2) The Authority, may set additional lesson plans, complementary to the lesson plans approved by the Government.

19. Assessments. (1) The Authority may conduct assessments and examinations of the students through:

(a) The Punjab Examination Commission,

(b) The Board of Intermediate and Secondary Education; or

(c) any other body approved by the Government.

(2) The assessments shall be made in the manner approved by the Government and shall be monitored by the Authority and the Government through an officer authorized for the purpose.

(3) The assessment of non-formal learners in a non-formal education institution shall be carried out in accordance with the policy and assessment framework approved by the Government.

(4) The Authority may determine the frequency and timing of assessments.

20. Training and Quality of Teaching.- (1) The Government shall:

(a) set standards relating to inputs (trainings, use of teacher guides, teacher mentoring) and outputs (content competence, grasp over, pedagogy) of ensuring quality education by the teacher;

(b) set standards for inputs (learning plan, learning hours) and outputs (student learning outcomes) for students’ learning;

(c) design trainings, including mentoring and set contents for teachers (teacher guides and instructional videos); and

(d) train the master trainers to conduct trainings.

(2) The training of professionals in special education institutions shall be conducted in the training institutions approved by the Government.

(3) The training of the non-formal teachers and the project field staff in non-formal education institution shall be carried out in accordance with the policy and capacity building framework of the Government.

21. School management.- (1) The Government shall set the school management guidelines including the guidelines for School Councils.

(2) The Authority:

(a) shall administer the schools in line with the guidelines;

(b) shall not utilize the building of a school for a purpose other than educational or extra-curricular activities;

(c) shall strictly follow the policies of the Government and on rationalization of the staff in the schools.

(3) The non-formal education institution shall be created, operated, managed, modified, continued and closed as per policy and operational framework of the Government.

22. Reforms Programmes. The Authority shall be primarily responsible to implement the reform agenda of the Government and the programmes run with the funds provided by a donor agency.

23. Literacy and Non-Formal Basic Education and Special Education. (1) The Authority shall be responsible for the provision of non-formal basic education, adult literacy, special education and inclusive education in the district.

(2) The Authority shall follow the policies of the Government and standards developed and approved by it.

(3) The Authority may:

(a) initiate its own Non-Formal Education initiatives from its own, budgetary allocations, in line with the policy, development strategy and operational framework of the Government; and

(b) execute non-formal education initiatives.

CHAPTER V

PERFORMANCE AUDIT, COMPLAINTS AND INFORMATION

24. Performance Audit.- (1) The Government shall, at least once in a year, conduct or cause to be conducted the performance audit of the Authority

(2) The Government may, by notification lay down the parameters for performance audit and the procedure for such audit.

(3) The Government may, on the report of the performance audit, take such action or give such directions as it deems appropriate, and the Authority shall implement the directions.

25. Complaints. The Government shall, by notification, lay down the procedure for the disposal of the complaints against the Authority, the Chairman, Vice Chairman, members or employees of the Authority.

26. Supply of information.- The Chief Executive Officer shall furnish such information to the Government as may be necessary.

SCHEDULE-I

(see rule 7(2))

Qualifying Criteria for Chief Executive Officer

Age:    35-55 years

Education:

(1) Master’s Degree (at least 2nd Division or equivalent) from a University Institution recognized from Higher Education Commission.

Experience:

(ii) Minimum ten years administrative experience in education sector or public management sector or private management sector or combined administrative experience of minimum ten years in public education sector or private education sector or public management sector or private management sector.

CANDIDATE NAME:                                                          QUALIFICATION:

TOTAL EXPERIENCE:                                                        LAST EMPLOVER:

INTERVIEWQUALIFICATIONTOTAL EXPERIENCE**MICROSOFT OFFICE PROFICIENCYTOTAL MARKS
50202010100
NOTES: PERCENTAGE OF MARKS FOR SHALL BE CONSIDERED ON THE BASIS OF PERCENTAGE OF MARKS OBTAINED IN EACH EXAMINATION: DIVISION OF EXPERIENCE MARKS: ONE MARK FOR EACH COMPLETE YEAR OF EXPERIENCE ***EXCEL, WORD, POWER POINT PROFICIENCY (TEST WILL BE ADMINISTERED)  

Core Competencies Required:

A candidate must have:

(1) an exemplary behavior and high values and ability to inspire and motivate the human resource including teachers;

(ii) understanding of public education system and Government operations and be able to lead public sector organization and execute the projects through use of modern management tools;

(iii) experience in public management, be able to identify, patronize and promote potential leaders to create a culture of excellence;

(iv) ability to design and manage high impact initiatives and be able to take evidence based and well informed decisions to manage administrative affairs; and

(v) ability to communicate and engage with variety of stakeholders including local community in an effective manner.”

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