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BALOCHISTAN TECHNICAL
EDUCATION AND VOCATIONAL
TRAINING AUTHORITY ACT 2011, ACT No. II OF 2011.
(First published after having received the
assent of the Governor Balochistan in the Balochistan Gazette (Extra-ordinary)
dated 24th March,2011.
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AN
ACT
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to provide for establishment of Technical
Education and Vocational Training Authority and for matters connected
therewith or ancillary thereto.
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Preamble.
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WHEREAS it is expedient to provide for establishment of
Balochistan Technical Education and Vocational Training Authority to regulate
and promote vocational training and technical education facilities in various
disciplines, trades and technologies and to provide for financing of training
programmes and for matters ancillary
or incidental thereto;
It is hereby enacted as follows:
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Short title, extent and
commencement.
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1. (1) This Act may be called the Balochistan
Technical Education and Vocational Training Authority Act, 2011.
(2) It extends to the
whole of Balochistan except the Tribal Areas.
(3) It
shall come into force at once and shall be deemed to have taken effect on the
30th October, 2009.
(4) It shall apply to
all establishments, institutes and centre engaged in imparting vocational
training and technical education.
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Definitions.
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2. In this Act, unless
there is anything repugnant in the subject or context –
(a)
“Apprenticeship Training Programme” means
Apprenticeship Training Programme established by the Directorate of Manpower
Training (Apprenticeship and on the job training programme in the local
industries under Apprenticeship Ordinance, 1962);
(b)
“Authority” means Balochistan Technical
Education and Vocational Training Authority
(c)
“Committee” means committee constituted under
section 9 of this Act;
(d)
“Department” means the Labour & Manpower
Department;
(e)
“Directorate of Manpower Training” means
Directorate of Manpower Training dealing with Vocational, Technical Training
and apprenticeship training programme;
(f)
“Directorate of Technical Education” means
Directorate of Technical Education dealing with mono polytechnic, polytechnic
and college of technology /commercial;
(g)
“Employment Exchange” means Employment
Exchanges established by the Directorate of Manpower Training ;
(h)
“Establishment” means any office, firm,
industrial unit, undertaking, shop, mine or premises in which workmen are
employed for the purpose of carrying on any industry;
(i)
“Industry” means any business, trade,
manufacture, calling, service, employment or occupation;
(j)
“Institution” means a school, college,
institute or centre by whatever name called, imparting vocational training
and technical education;
(k)
“Monitoring and Evaluation Cell” means
Monitoring and Evaluation Cell established by the Directorate of Manpower
Training;
(l)
“NAVTEC” means National Vocational and
Technical Education Commission; constituted vide Cabinet Division’s
Notification No.4-16/2005-Min-1, dated 30th December, 2005.
(m)
“Vocational Training/Technical Training” means
training in any physical and professional skill, trade, technology, calling
or occupation.
(n)
“Women Training and Employment Cell” means
Women Training & Employment Cell established by the Directorate of
Manpower Training.
(o)
“Prescribed” means prescribed by rules &
regulations made under this Act;
(p)
“Government” means the Government of
Balochistan;
(q)
“Centre Management Committees (CMC’s)”
means the Committees constituted for
the management of Vocational Training Centre’s (VTC’s and Technical Training
Centre’s (TTC’s); and
(r)
“Institute Management Committees (IMC’s)” means
the Committees constituted for the management of Polytechnic / College of Technology and Commercial Institutes.
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Incorporation.
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3. (1) the
Government may establish an Authority to be called the Technical Education
and Vocational Training Authority of Balochistan
(2) The Authority shall
be a body corporate by the name of “the Technical Education and Vocational
Training Authority, Balochistan" and shall have perpetual succession and
a common seal, and may sue and be sued by the said name.
(3) The Authority shall
be competent to acquire and hold property, both movable and immovable, and to
lease, sell or otherwise transfer any movable and immovable property which
may have become vested in or been acquired by it.
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Constitution of the Authority.
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4. (1) The Authority shall consist of the
following members namely:
Official Members
(a)
Chief Minister Balochistan -- Chairman
(b)
Minister Labour and Manpower --
Vice Chairman
(c)
Chief Secretary -- Member
(d)
Additional Chief Secretary (Dev:) -- Member
(e)
Special
Secretary to Chief Minister
Member
(f)
Secretary Labour and -- Member/
& Manpower Dept. Secretary
(g)
Secretary Education -- Member
(h)
Secretary Industries -- Member
(i)
Secretary Finance -- Member
(j)
Secretary Social Welfare -- Member
(k)
Director, Manpower Training -- Member
(l)
Director, Technical Education -- Member
(m)
Managing Director LIEDA -- Member
(n)
Managing Director, -- Member Gwadar Industrial Estate.
Non-Official Members
(o)
President, Chamber of Commerce, -- Member Hub
(p)
President, Chamber of Commerce, -- Member Quetta
(q)
Two Workers (Trade Union) -- Member
(2) The Authority may
Co-opt any person as a member of the Authority.
(3) Non-official Members of the
Authority shall be appointed by the Government on the recommendations of the
Director Labour Welfare for a period of three years.
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Function of the Authority.
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5. (1) The
functions of the Authority shall be to:—
(a)
devise and review policies in the light of
guidelines issued by the Commission (NAVTEC) to evolve strategy for
developing technical education, vocational training and employment in
general;
(b)
collaborate with the sources of labour market
information as determined from a survey of establishments with a view to
assessing on a continuing basis existing and future training needs, both
local and foreign;
(c)
systematically study existing training
programmes with respect to their relevance, duration and size and recommend
desirable measures in the light of study;
(d)
establish criteria for evaluating and
determining training programmes and facilities;
(e)
develop training syllabi/curricula and
establish/specify national training standards and trade tests without
prejudice to any existing programmes
being implemented by the Government under an agreement with a foreign
Government;
(f)
strengthen and upgrade the existing Trade
Testing Board functioning under the aegis of Labour & Manpower Department
for issuing of trade proficiency Certificates and Diplomas;
(g)
supervise such training programmes as are
funded from the Federal and provincial budget;
(h)
prescribe conditions under which institutions
in the public and private secretor may be established and operated;
(i)
prepare training plans programmes and projects
in view of national and international labour market requirements and submit
the same for approval of the competent forum;
(j)
recommend to the appropriate forum means for
financing training programmes;
(k)
promote and finance training of
establishment-based or institution-based training of officials and
instructors;
(l)
organize and conduct seminars and workshops for
various types of personnel associated with training activities;
(m)
collect and compile statistics related to
vocational training and technical education;
(n)
arrange regular training programme and
refresher courses for instructional Staff
to up-date their knowledge and skill within the country and abroad;
(o)
review existing and proposed legislation on
vocational training and technical education and recommend necessary
legislation;
(p)
issue directives to establishments or
institutions for compliance within the framework of the approved plans and
projects;
(q)
introduce joint venture schemes with retired
professionals and highly skilled personnel for the promotion of micro and
cottage industries and establishments;
(r)
motivate and facilitate private sector for
establishing vocational training and technical education institutions;
(s)
issue Excellence Awards with financial rewards
to the instructors and trainees for their outstanding performance which shall
be not less than Rs.10,000/- and Rs.5,000 respectively; and
(t)
do all other acts necessary for carrying out
the purposes of this Act.
(2) The Authority would provide overall
umbrella management, policy planning / guidance technical and financial
assistance to upgrade and strengthen the existing Technical Education and
Vocational Training System in Balochistan, while the concerned Administrative
Departments would continue their activities as usual i.e. Technical Education
and Vocational Training.
(3) The Authority will exercise its
powers through Secretary to conduct its day to day administration and to
coordinate with all concerned.
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Functions of the Secretary B-TEVTA.
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6. (1) The Secretary the Balochistan Technical Education and Vocational Training
Authority (BTEVTA) shall provide
secretarial services to the Authority and shall:-
(a)
publish an annual forecast of provincial
skilled manpower / technicians requirements;
(b)
identify and inspect vocational training and
technical education schemes;
(c)
maintain a directory of approved schemes;
(d)
ensure uniformity of technical / vocational
training and technical education standards;
(e)
propose development schemes to the Authority;
(f)
supplement or provide advisory services to
establishments offering vocational training and technical education;
(g)
prepare an annual provincial training matrix in
the light of TNA for meeting skilled manpower/technicians requirements;
(h)
regulate affiliation of establishments and
institutions both public and private, imparting vocational training and
technical education;
(i)
issue regulations for licensing provincial
establishments and institutions;
(j)
conduct trade tests and certify the skilled
persons and trainers who have received vocational training through any source
or acquired the skill through experience or informal system;
(k)
arrange staff training programme regularly in
the existing Staff Training Institute Quetta;
(l)
develop mechanism to establish link of staff training programme with local
industries;
(m)
affiliate public and private institutes with
TTB for final trade test and certification thereof;
(n)
register graduates, professionals, semi-skilled
and skilled workers, TTC/VTC pass outs, Polytechnic graduates male &
female with Employment Exchanges;
(o)
set up of Regional offices of the Authority if
deemed necessary;
(p)
establish data bank on job opportunities
available in private and public sector and shall control regional offices
through E.Es to facilitate the job seekers;
(q)
strengthen the existing ATP under
Apprenticeship Training Ordinance 1962;
(r)
strengthen existing internship training
programme in collaboration with public and private sector;
(s)
establish “Trade Advisory Committees” to up
date the existing training manuals in the light of prevailing labour market
requirements;
(t)
conduct Training Need Assessment Survey and
tracer studies on regular basis within province and develop mechanism to
promote overseas employment in consultation with the Commission (NAVTEC);
(u)
to coordinate with
all Institutions imparting Vocational Training and Technical Education in
Balochistan;
(v)
arrange ISO certification for the diplomas and
certificates issued by the Authority;
(w)
maintain data bank of school drop outs and
unemployed educated youth;
(x)
establish a mechanism for self employment of
the pass outs of Vocational Training Centres, Technical Training Centres and
Polytechnic graduates;
(y)
work out means to provide higher education
opportunities to the pass outs of TEVT institutions;
(z)
arrange vocational training in Deeni Madaris, Rehabilitation Centers
for drug addicts, District and
Central Jails;
(aa)
establish “Centres of Excellence” (Hi-tech
training centres to meet the skilled manpower requirements of upcoming
automation industries);
(bb)
arrange rural apprenticeship training
programmes to give boost to the traditional trades;
(cc)
establish mobile training units;
(dd)
establish display centres on Tehsil levels for
traditional products with participation of local community for encouragement
and financial assistance of local artisans and craftsman;
(ee)
negotiate with donor agencies willing to
provide technical and financial assistance for provision of grants and loan,
in consultation with the Commission (NAVTEC); and
(ff)
prepare annual budget and make its utilization
as per provisions of Financial Rules, by fulfilling all codal formalities.
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Powers and functions of the Chairman.
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7. The Chairman of the Authority shall be the Chief
Executive of the Authority and shall:-
(a)
take measures, including the allocation of
funds on yearly basis, for training activities, scholarships and stipends for
trainees and training of teachers / instructional staff within country and abroad;
(b)
establish an endowment fund for technical
education and vocational training with contributions from Government as well
as non Governmental resources;
(c)
allocate funds for infrastructure development,
training of faculty as an incentive to improve quality of vocational training
and technical education;
(d)
set up such administrative and technical
committees, working groups, skill development council, trade testing board or
other such bodies and entrust them such functions as he may consider
necessary;
(e)
regulate quality control for implementation of
skills standards, syllabus, trade testing and certification of technical and
vocational training institutions;
(f)
advise the Authority for grant of diplomas /
certificates for the courses conducted by the private technical education and
vocational training institutions affiliated with the Balochistan Technical
Education and Vocational Training Authority (BTEVTA);
(g)
determine equivalence and recognition of
diplomas, certificates awarded by institutions within the country in
consultation with the Commission (NAVTEC);
(h)
approve policies, plans, programme of the
Authority;
(i)
approve projects up to a ceiling of Rs. 40
million;
(j)
may delegate
any of its powers, duties or functions to any member or any officers as the
case may be; and
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Delegation of Powers.
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8. The Authority may delegate all or any of its powers,
duties or functions to any member or any of its officers as the case may be.
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Committees.
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9. The Authority may set up as many committees i.e. Centre
Management Committees and Institute Management Committees in the Balochistan
Technical Education and Vocational Training Authority (BTEVTA) institutions,
working groups as may be required to effectively perform its functions.
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Funds.
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10. (1) The
Government shall provide funds to the Authority for meeting all expenses
required for discharging its functions.
(2) The Government may
provide annual grants to the Authority for carrying out its functions.
(3) All receipts of the
Commission from any source whatsoever shall be credited to a fund to be
called B-TEVTA Fund and shall vest in the Authority with powers to manage and
operate.
(4) The mechanism for
operation of the Fund shall be prescribed by the Authority.
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Submission of Reports.
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11. The Authority shall submit an annual report to the
Government and the Commission (NAVTEC), in respect of its activities or as
and when required by the Government.
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Audit and Accounts.
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12. (1) The
Authority shall maintain its accounts of receipts and expenditure in such
manner and in such form as may be prescribed by the Controller General of
Accounts.
(2) The accounts of the
Authority shall be audited by the Director Audit Balochistan or any officer
authorized by him in such manner as the Director General Audit may think fit.
(3) The Authority may
also get its accounts audited by a Chartered Accountant firm to be appointed
with the approval of Government.
(4) The Director
General Audit shall, soon after the completion of audit, submit the audit
report on the accounts of Authority to the Board under intimation to the
Government and the Commission (NAVTEC).
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Employees of the Authority to be Public
Servants.
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13. Every employee of the Authority and every person acting or
purporting to act under this Act and the rules and regulations made there
under, shall be deemed to be a public servant within the meaning of section
21 of the Pakistan Penal Code, 1860 (Act XLV of 1860).
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Indemnity.
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14. No suit, prosecution or other legal proceedings shall lie
against any person exercising the powers or for anything in good faith or
intended to be done under this Act.
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Powers to make rules.
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15. The Authority, with
the approval of the Government may make rules for carrying out the purpose of
this Act. However, till the formulation / adoption of rules of business,
service rules, recruitment rules etc. the existing rules will remain in
practice.
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Power to make regulations.
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16. The Authority may, with the approval of the Government,
make the rules regulations, not inconsistent with this Act and, for carrying
out the purposes of this Act.
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Removal of difficulties.
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17. If any difficulty arises in giving effect to any of the
provisions of this Act, the Government may make such order, not inconsistent
with the provisions of this Act, for removing the difficulty.
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Act to override other laws.
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18. The provision of
this Act shall have effect notwithstanding anything to the contrary contained
in any other law for the time being in force.
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Repeal and Savings.
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19. On the commencement of this Act:
(1) The Balochistan
Board of Technical Education Ordinance, 1962 (W.P Ordinance XXXIX 1962), is
hereby repealed.
(2) All
assets liabilities, members, staff, buildings of the Institutions defined in
section 2(j) shall become assets, liabilities, members, staff and building of
the Authority established under this Act.
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Employees of the Authority.
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20. (1) The Authority may, subject to general or
special orders, as the Government may give to it from time to time and
subject to such rules as may be made in this behalf, create posts appoint
such officers, advisers, consultants and employees as it considers necessary
for the efficient performance of its function on such terms and conditions as
may be prescribed. The Authority shall make rules for the recruitment of its
employees.
(2) The services of the
existing employees of the Institution or offices taken over by the Authority
shall be transferred to the Authority on such terms and conditions which shall
not be less favorable than those admissible to them immediately before their
transfer to the Authority.
(3) The employees
transferred under sub-section (2) shall continue to be employees of the
Government and may be transferred back to the Government by the Authority
unless absorbed in the service of the Authority in such manner as may be
prescribed.
(4) The Authority
shall, through adoption of policies of hiring or freeze, reassignment,
restructuring of institutions, non-replacement of employees retiring upon
attainment of age superannuation and providing incentives for early
retirement and bring the number of its employees in conformity with the
requirements of the Authority.
(5) The Government
shall in accordance to the relevant rules contribute to the pension gratuity
and final payment of provident fund and other similar payments of the
employees of the Institution or Offices who become the employees of the
Authority under sub-section (2) for the period they served the Government.
(6) The Authority is
competent to revise and up-grade any or all pay scales and posts of its
employees.
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Power to exempt.
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21. The Government may
by a notification issued in the official Gazette, exempt either conditionally
or unconditionally any establishment or class of establishments or any
institution imparting vocational training and technical education from all or
any of the provisions of this Act.
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