LexThe Punjab Education Development Act, 1998
Punjab · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS
THE PUNJAB EDUCATION DEVELOPMENT ACT, 1998
(PUNJAB ACT 26 OF 1998)
(As amended upto the 15th July, 2025)
2025
THE PUNJAB EDUCATION DEVELOPMENT ACT, 1998
Sections CONTENTS
1. Short title and commencement
2. Definitions
3. Establishment of Board, its constitution, powers and duties
4. Audit
5. Officers and employees of the Board
6. Levy and collection of cess
7. Constitution of Fund
7-A. Transfer of land or building
7-B. Public-private-partnership
7-C. Exemption from payment of tax or fee etc.
8. Purposes for which the Fund may be applied
9. Power of Government to issue directions to the Board
10. Protection of action taken in good faith
11. Power to make rules
12. Power to make regulations
13. Power to remove difficulties
THE PUNJAB EDUCATION DEVELPOMENT ACT, 1998
(Punjab Act No. 26 of 1998)
[Received the assent of the Governor of Punjab on the 26th August, 1998, and
was first published for general information in the Punjab Government Gazette
(Extraordinary), Legislative Supplement, dated the 28th August, 1998.]
1 2 3 4
Year No. Short title Whether repealed or
otherwise affected by the
legislation
1998 26 The Punjab Education
Development Act,
1998
Amended by Punjab Act
No. 5 of 2008
An Act to provide for the establishment of the Punjab Education Development
Board with a view to improve the quality of education in the State and for
improving infrastructural facilities and amenities in the educational institutions
in the State.
BE it enacted by the Legislature of the State of Punjab in the Forty-ninth
year of the Republic of India as follows: -
1. (1) This Act may be called the Punjab Education Development Act, 1998.
(2) It shall come into force at once.
2. In this Act, unless the context otherwise requires, -
1[(a) “Adarsh School” means a school or an institution, established under
this Act, with a view to impart quality education to the economically
weaker, intelligent and meritorious students, at a fee, to be determined
by the Board;]
1 Inserted by Punjab Act No. 5 of 2008, Section 2
Short title and
commencement.
Definitions.
1[(aa) "Board" means the Punjab Education Development Board established
under section 3;]
(b) "Fund" means t he Punjab Education Development Fund constituted
under section 7;
(c) "Government" means the Government of Punjab in, the Department of
Education;
(d) "prescribed" means prescribed by rules made under this Act;
2[(dd) “private partner” means any person, who may be associated by the
Board in establishing and running an Adarsh School;
(ddd) “public-private-partnership” means an arrangement, agreed upon
between the Board and a private partner to establish and run an
Adarsh School;]
(e) "regulations" means the regulations made by the Board under this Act;
and
(f) "section" means section of this Act.
3. (1) The Government may, by notification in the Official Gazette,
establish for the purposes of carrying out the provisions of this Act, a Board to be
called the Punjab Education Development Board.
3[(2) The Board established in terms of sub-section (1), shall consist of the
following, namely: -
(i) Chief Minister, Punjab; : Chairman;
(ii) Minister-in-charge of School : Vice-Chairman;
Education;
1 Renumbered by Punjab Act No. 5 of 2008, Section 2
2 Inserted by Punjab Act No. 5 of 2008, Section 2
3 Substituted by Punjab Act No. 5 of 2008, Section 3
Establishment
of Board, its
constitution,
powers and
duties.
(iii) the Chief Secretary; : Member
(iv) the Secretary, School Education; : Member
(v) the Secretary, Finance : Member
(vi) the Secretary, Excise : Member
and Taxation;
(vii) an Officer of the Indian : Member-
Administration Service, to Secretary
be appointed by the Government;
(viii) three prominent educationalist, : Members
to be nominated by the Chief
Minister; and
(ix) four prominent private partners, : Members
to be nominated by the Chief
Minister.]
(3) The Board shall be a body corporate having perpetual succession and
a common seal with powers, subject to the provisions of this Act, to acquire, hold
or dispose of property both movable and immovable and shall, by the said name,
sue and be sued.
(4) The Government shall exercise general superintendence and control
over the Board and its employee s and may call for such informa tion, as it ma y
deem necessary.
(5) Subject to the rules made under this Act, an estimate of annual income
and expenditure of the Board for the ensuing Financial Year, shall be got prepared
by the Member -Secretary of the Board and shall be sub mitted to the Board for
approval.
(6) An annual statement of income and expenditure of the Board shall be
got prepared by the Member -Secretary and after obtaining approval of the Board,
the same shall be sent to the Government within a period of three months from the
date of closure of the Financial Year.
(7) The Board shall have its headquarters at Chandigarh or at such other
place, as may be notified by the Government from time to time.
4. The accounts of the Fund constituted under sub-section (1) of section 7 shall
be audited by the Examiner, Local Fund Accounts, Punjab.
5. (1) The Board may, with the p rior approval of the Government, create
such posts and appoint such officers and other employees thereon, as it may
consider necessary for the efficient discharge of its functions.
(2) The conditions of service of officers and other employees referred to
in sub -section (1), and their functions and duties shall be such, as may be
determined by the regulations made by the Board under this Act.
6. (1) Notwithstanding anything contained in any other law for the time
being in force and subject to the rules made under this Act, there shall be levied for
the purposes of this Act, a cess at a rate not exceeding ten rupees per proof litre to
be notified by the Government from time to time on the sale of Punjab Medium
Liquor, Indian Made Foreign Liquor and Beer in the State of Punjab.
(2) The cess levied under sub -section (1), shall be collected by the
Department of Excise and Taxation in the prescribed manner.
(3) The proceeds of the cess levied under sub -section (1), shall be
transferred by the Department of Excise and Taxation directly to the Fund within
such period, as may be prescribed.
7. (1) There shall be constituted a Fund to be called the Punjab Education
Development Fund, which shall vest in the Board established under section 3.
(2) The Fund shall be administered by the Member -Secretary of the
Board under the superintendence and control of the Board.
Audit.
Officers and
employees of
the Board.
Levy and
collection of
cess.
Constitution
of Fund.
(3) The amount of cess levied and collected under section 6 along with
the grants received from the State Government and Local authorities, shall be
credited to the Fund within such period and in such manner, as may be prescribed.
1[7-A. (1) Subject to the provisions of any other law for the time being in force,
any local body or authority or statutory board or corporation or any department of
the State Government may, transfer any land or building belonging to or vested in
it, to the Board, free of cost or on nominal price for the establishment of Adarsh
Schools.
(2) The land or building transferred under sub-section (1), may be utilized
by the Board itself for the establishment of Adarsh Schools or the same may be
leased out to a private partner on such terms and conditions, as may be agreed
upon between the Board and the private partner for the establishment of Adarsh
Schools.
7-B. The Board may, or if directed by the Government, shall, establish Adarsh
Schools, either directly or through public-private-partnership.
7-C. Notwithstanding anything contained in any other law for t he time being in
force, the Government, if it considers appropriate and expedient to do so in public
interest, it may exempt any Adarsh School, which has been established and is
running or the infrastructure, to be used for establishing Adarsh Schools, fro m the
payment of tax, cess, levy or fee or any other charge, which may be imposed,
levied or collected by the State Government itself or on its behalf by any authority
or body, whether incorporated or not.]
8. 2[(1) The Fund shall be applied for improving the quality of education
including the establishment, operation and infrastructure of Adarsh Schools in the
State of Punjab.]
1 Inserted by Punjab Act No. 5 of 2008, Section 4
2 Substituted by Punjab Act No. 5 of 2008, Section 5
Purpose for
which the fund
may be applied.
Transfer of
land or
building.
Public-private-
partnership.
Exemption
form payment
of tax or fee
etc.
(2) Without prejudice to the generality of sub -section (1), the Fund shall
be specifically, applied for the following purposes, namely: -
1[(a) to acquire land for educational purposes;]
2[(aa) to construct buildings of schools;]
(b) to provide infrastructure and amenities such as water supply.
basic sanitation, furniture and teaching aids in the schools;
(c) for providing and aug menting facilities such as libraries,
laboratories and computer equipment and other vocational aids
in the schools; and
(d) any other purpose as may be considered necessary by the
quality of Board for improving the quality of education and in
furtherance of the provisions of this Act.
3[(3) The capital including the operational and infrastructural costs of
Adarsh Schools, shall be the first charge on the Fund.]
9. The Government may, from time to time, issue to the Board such orders and
directions as in its opinion are necessary or expedient for carrying out the purposes
of this Act and the Board shall give effect to such orders and directions.
10. No suit, prosecution or other legal proceeding shall lie against the
Government or any officer of the Government or Board in respect of anything
which is in good faith done or intended to be done in pursuance of the provisions
of this Act, rules or regulations made or any order issued thereunder.
11. (1) The Government may, make rules for carrying out the purposes of this
Act.
1 Inserted by Punjab Act No. 5 of 2008, Section 5
2 Renumbered by Punjab Act No. 5 of 2008, Section 5
3 Added by Punjab Act No. 5 of 2008, Section 5
Power of
Government to
issue directions
to the Board.
Protection of
action taken in
good faith.
Power to
make rules.
(2) Without prejudice to the generality of the foregoing power, such
Rules may provide for, -
(a) the preparation a nd submission for sanction of an estimate of
annual income and expenditure under sub -section (5) of section
3;
(b) the manner of collection of cess under sub-section (2) of section
6;
(c) the period within which the amount is to be transferred to the
Fund under sub-section (3) of section 6; and
(d) any other matter, which has to be or may be prescribed.
(3) Every rule made under this section shall be laid, as soon as may be,
after it is made, before the House of the State Legislature while it is in Session for
a total period of ten days, which may be comprised in one Session or in two or
more successive Sessions and if, before the expiry of the Session in which it is so
laid or the successive Sessions aforesaid, the House agrees in making any
modification in the rule or the House agrees that the rule should not be made, the
rule shall thereafter have effect only in such modified form or be of no effect, as
the case may be; so however that any such modification or annulment shall b e
without prejudice to the validity of anything previously done or omitted to be done
under that rule.
12. (1) The Board may, from time to time, with the previous approval of the
Government, make regulations not inconsistent with this Act and the rules made
thereunder for the purposes of giving effect to the provision of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such regulations may provide for, -
(a) transacting business at the meetings of the Board;
Powers to
make
regulations.
(b) the conditions of service of the officers and other employees of
the Board and their functions and duties under sub -section (2)
of section 5.
13. If any difficulty arises in giving effect to the provisions of this Act, the
Government may, by order, make such provisions including any adaptation or
modification of any provision of this Act, as appears to the Government to be
necessary or expedient for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two
years from the date of commencement of this Act.
Power to
remove
difficulties.