[1]THE PUNJAB TECHNICAL EDUCATION AND
VOCATIONAL TRAINING AUTHORITY ACT 2010
( X of 2010)
[20th July, 2010] An Act to reorganize the Punjab Technical Education and Vocational Training
Authority.
Preamble.— Whereas it is expedient to
reorganize the Punjab Technical Education and Vocational Training Authority for
proper provision of technical education in the Province and to provide for
ancillary matters;
It is enacted as follows:-
1.
Short title,
extent and commencement.— (1) This Act may be cited as the Punjab Technical
Education and Vocational Training Authority Act 2010.
(2)
It shall extend to the whole of the Punjab.
(3)
It shall come into force at once.
2.
Definitions.—
In this Act–
(a)
“Authority” means the Punjab Technical Education and
Vocational Training
Authority;
(b)
“Chairperson” means the Chairperson of the Authority;
(c)
“Chief Operating Officer” means the Chief Operating
Officer of the Authority;
(d)
“committee” means a Committee of the Authority;
(e)
“Fund” means the Punjab Technical Education and
Vocational Training Authority Fund;
(f)
“Government” means the Government of the Punjab;
(g)
“member” means a member of the Authority;
(h)
“prescribed” means prescribed by the rules or
regulations;
(i)
“regulations” means regulations framed under the Act;
(j)
“rules” means rules made under the Act;
(k)
“technical education” means the form of education which
prepares students for jobs that are based on manual or practical activities;
and
(l)
“technical institution” means an institute, college or
centre established or maintained by the Authority.
3.
Incorporation.—
(1) The Government may establish an Authority to be called the Punjab
Technical Education and Vocational Training Authority.
(2)
The Authority shall be a body corporate having
perpetual succession and a common seal, with power to enter into agreement,
acquire, hold, manage, and dispose of property, and to sue and be sued in its
name.
(3)
The Authority shall not dispose of immovable property
without prior approval of the Government and through public auction.
(4)
The principal office of the Authority shall be at
Lahore, but the Authority may establish its regional offices at such other
places in the Punjab as it may consider necessary for the accomplishment of the
objectives of the Act.
[2][(5)
Notwithstanding anything contained in this Act, the Authority may transfer a
technical institution to the Government or to a body or an authority, owned or
controlled by the Government.]
4.
Composition
of the Authority.— (1) The Authority shall consist of a Chairperson, and
not less than seven and not more than fifteen members to be appointed by the
Government.
(2)
The Government shall nominate not less than three
Secretaries to the Government as ex-officio
members of the Authority.
(3)
The Government shall appoint the members, other than ex-officio members, for a term not
exceeding three years and determine the terms and conditions of such
appointment.
(4)
The members shall serve during the pleasure of the
Government.
(5)
A member, other than an ex-officio member, may resign from his office by a notice in
writing to the Government and his seat shall fall vacant on the acceptance of
the resignation.
(6)
A member shall not, directly or indirectly, receive any
profit from his position as the member except such fee, allowances and other
expenses incurred by him in the performance of his duties as may be prescribed.
(7)
Notwithstanding anything contained in sub-section (1),
the Authority may, with the prior approval of the Government, co-opt any other
person as member.
(8)
The Chief Operating Officer shall be member-secretary
of the Authority.
5.
Functions of
the Authority.— (1) The Authority may–
(a)
provide technical education as it may deem fit, and
make provisions for research, service to the society and for the application,
advancement and dissemination of technical education in all sectors of economy
including industry, commerce and trade, agriculture and livestock, and services
sectors in such manner as it may determine;
(b)
establish and maintain technical institutions, and
regulate and administer the institutions under the control of the Authority at
the commencement of the Act;
(c)
establish and support other facilities for technical
education, training including teachers’ pre-service and in-service training and
research;
(d)
prescribe courses of studies and develop curricula for
technical education and may solicit collaboration from other national and
international agencies;
(e)
establish and maintain technical institutions for
promoting innovation in technology adoption, and shall provide common
facilitation centres and training the workforce in new technologies as per
market demand;
(f)
decide teaching methods and strategies to ensure
effective technical, educational and training programmes including foreign
training;
(g)
prescribe the terms and conditions of employment of the
officers, teachers and other employees of the Authority;
(h)
take initiatives for placement of trainees or graduates
and provide career counselling and job search services to the students and
alumni;
(i)
maintain linkages with alumni;
(j)
establish linkages with national and international
institutions and organisations for the development of technical and vocational
education and training system and seeking accreditation or recognition of
standards and equivalence to create an internationally employable workforce;
(k)
take initiatives for welfare of its employees in any
manner it deems appropriate;
(l)
provide and support the academic development of the
faculty of the technical institutions;
(m)
institute and award financial assistance to students in
need, fellowships, scholarships, bursaries, medals and prizes in the prescribed
manner;
(n)
provide for the residence of the students, establish
and maintain halls of residence and may approve or licence a hostel, lodging or
boarding place;
(o)
maintain order, discipline and security in the
technical institutions;
(p)
promote the extracurricular and recreational activities
of the students and make arrangements for promoting health and general welfare
of the students;
(q)
demand and receive such fees and other charges as it
may determine; and
(r)
perform such other functions as may be ancillary, or as
may be prescribed by the rules or as may be assigned by the Government.
(2)
Notwithstanding anything contained in the Punjab Board of Technical Education
Ordinance 1962 (XXXIX of 1962), the Authority shall be the Controlling
Authority of the Punjab Board of Technical Education under the said Act.
6.
Chairperson.—
(1) The Government shall appoint a Chairperson for a period not exceeding five
years on such terms and conditions as the Government may determine.
(2)
The Chairperson shall hold office during the pleasure
of the Government but shall not be removed without notice and opportunity of
hearing.
(3)
The Chairperson may resign his office subject to one
month prior notice in writing to the Government or on payment of one month’s
pay in lieu of the notice.
(4)
The Chairperson–
(a)
shall be the Chief Executive of the Authority and shall
be responsible for the management, administration and day to day affairs of the
Authority; and
(b)
shall exercise such powers as are assigned under the
Act or are delegated by the Authority or as may be prescribed.
(5) The Chairperson may delegate any of his powers
under the Act to any officer of the Authority.
7.
Chief
Operating Officer.— (1) The Government shall appoint a Chief Operating
Officer of the Authority for a period not exceeding three years on such terms
and conditions as the Government may determine.
(2)
The Chief Operating Officer shall hold office during
the pleasure of the Government but shall not be removed without notice and
opportunity of hearing.
(3)
Notwithstanding the expiration of the term, the Chief
Operating Officer shall continue to hold office on the same terms and
conditions for a period of three months or till his successor enters upon
office, whichever is earlier.
(4)
The Chief Operating Officer may resign his office
subject to one month’s prior notice in writing to the Government or on payment
of one month’s pay in lieu of the notice.
(5)
The Chief Operating Officer shall–
(a)
perform such functions as are assigned to him under the
Act; and
(b)
exercise such powers as are delegated by the Authority
or as may be prescribed.
8.
Disqualifications.—
No person shall be appointed or shall continue as the Chairperson,
Chief Operating Officer, or
member, if he–
(a)
has been convicted of an offence involving moral
turpitude; or
(b)
has been found guilty of misconduct; or
(c)
has been declared to be of unsound mind by a competent
court; or
(d)
has been or is adjudged as un-discharged insolvent; or
(e)
is incapable of discharging his duties by reason of
physical or mental infirmity and has been so declared by a Special Medical
Board appointed by the Government; or
(f)
is an employee or member of the staff of the Authority
other than the Chairperson, and the Chief Operating Officer; or
(g)
fails to disclose to the Authority any conflict of
interest with the Authority within three days of his knowledge of the conflict
of interest; or
(h)
stands disqualified by the order of a court to hold any
public office; or
(i)
has been dismissed from the service of Pakistan or
service of any Provincial
Government or a
body or authority under a Provincial or Federal Government; or (j) fails to attend more than three consecutive
meetings of the Authority without leave.
9.
Meetings.—
(1) The Authority shall regulate the procedure for its meetings.
(2)
A meeting of the Authority shall be held at such time
and place as the Chairperson or the majority of members may determine.
(3)
Members shall have reasonable notice of the time and
place of the meeting and the matters on which a decision by the Authority shall
be taken in such a meeting.
(4)
The Chairperson shall preside over a meeting of the
Authority; and, in the absence of the Chairperson, the members present in the
meeting may select an acting Chairperson for the meeting.
(5)
Five members, including the Chairperson or the acting
Chairperson, shall constitute the quorum for a meeting of the Authority.
(6)
The Authority shall take decisions by the majority of
its members present and voting, and in case of a tie, the person presiding the
meeting shall have a casting vote.
(7)
The Authority shall cause minutes to be kept of
proceedings of every meeting of the Authority and of every meeting of a
committee established by the Authority.
(8)
The Chief Operating Officer shall maintain a complete
record of the minutes and the decisions of the Authority in the prescribed
manner.
(9)
The proceedings of a meeting of the Authority shall not
be invalid merely on account of any vacancy or defect in the constitution of
the Authority.
10.
Committees
of Authority.— The Authority may constitute committees of its members and
entrust them such functions and powers as it may deem fit.
11.
Delegation.—
The Authority may, subject to such conditions and limitations as it may
deem fit to impose, delegate any of its powers or functions to the Chairperson,
Chief Operating
Officer, a committee, or one or
more members, except the power to–
(a)
frame, amend or repeal regulations;
(b)
constitute a committee or fill a vacancy in a
committee;
(c)
take policy decisions; and
(d)
approve the annual budget, audited accounts and the
annual reports.
12.
Technical
Experts.— The Authority or any of its committees may invite any technical
expert or other person possessing specialized knowledge of any subject or the
representative of a Government institution for assistance in the performance of
its functions.
13.
Staff.—
(1) The Authority may employ such persons as may be necessary for the efficient
performance of its functions in such manner and on such terms and conditions as
may be prescribed.
(2)
The employees of the Authority shall hold office during
the pleasure of the Authority and shall, subject to notice and opportunity of
hearing, be liable to such disciplinary action as may be prescribed.
(3)
The Authority may, in the manner prescribed, absorb in
its service an employee who is on deputation with the Authority, subject to the
consent of the employee and prior approval of the Government or the employer.
(4)
The terms and conditions of service of an employee, on
absorption, shall not be less favourable than those admissible to the employee
immediately before his absorption in the service of the Authority.
(5)
The Authority shall, through adoption of policies of
hiring freeze, reassignment restructuring of institutions, non-replacement of
employees retiring upon attainment of age of superannuation and providing
incentives for early retirement, bring the number of its employees in
conformity with the requirements of the Authority.
(6)
The terms and condition of service of the employees on
deputation with the Authority shall be such as may be prescribed.
14.
Fund.— (1)
There shall be established a Fund to be known as the Punjab Technical Education
and Vocational Training Authority Fund which shall be administered and
controlled by the Authority.
(2) The Fund shall
consist of–
(a)
budgetary releases from the Government;
(b)
grants, other than budgetary releases, from the
Government;
(c)
grants from the Federal Government;
(d)
donations or grants from any person, local, national or
international organization or agency; and
(e)
fees, charges, fines, confiscations, shares in profits,
donations and gifts.
15.
Budget.— The
Chairperson shall prepare annual budget comprising the likely income and
expenditures for the ensuing financial year and submit it to the Authority for
approval in the form and manner as may be prescribed.
16.
Bank
accounts.— The Authority may open and maintain its accounts at such
scheduled banks as it may determine.
17.
Accounts.—
(1) The Authority shall maintain proper accounts and other records relating to
its financial affairs including its income and expenditures and its assets and
liabilities in such form and manner as may be prescribed.
(2) As soon as
may be, after the end of each financial year, the Authority, in the manner
prescribed, shall cause to be prepared for that financial year statements of
account of the Authority which shall include a balance-sheet and an account of
income and expenditure.
18.
Audit.—
(1) The Auditor General of Pakistan shall annually audit the accounts of the
Authority.
(2) The
Government, in addition to the audit under sub-section (1), may cause the
annual accounts of the Authority audited, in the prescribed manner, by a
Chartered Accountant or a firm of Chartered Accountants selected from the list,
approved by the State Bank of Pakistan.
19.
Annual
report.— (1) The Authority shall, within three months of the close of a
financial year, submit to the Government an annual report.
(2) The report shall
consist of–
(a)
the statement of accounts under section 17 of this Act;
(b)
a comprehensive statement of the work and activities of
the Authority during the preceding financial year; and
(c)
such other matters as may be prescribed and as the
Authority may consider appropriate.
(3) The
Government shall, within two months of receiving the report from the Authority,
shall give notice for laying the report in the Provincial Assembly of the
Punjab, and shall lay the report before the Assembly in its first available
session.
20.
Appeal.— A
person aggrieved by an order of the Authority may, within thirty days of the
communication of the order, prefer an appeal to the Government whose decision
shall be final.
21.
Public
servants.— The Chairperson, Chief Operating Officer, members, officers,
employees and other persons authorized to perform or exercise any function or
power under this Act, or rendering services to the Authority as agents,
advisors or consultants, shall be deemed to be public servants within the
meanings of section 21 of the Pakistan Penal Code 1860 (XLV of 1860).
22.
Indemnity.— All
acts done, orders passed or proceedings taken by the Authority in good faith,
shall be final and shall not be called in question in any court by a suit or
otherwise.
23.
Power to
make rules.— The Government may, by notification, make rules for carrying
out the purposes of this Act.
24.
Power to
frame regulations.— Subject to this Act and the rules, the Authority may
frame regulations for the efficient performance of its functions under the Act.
25.
Removal of difficulties.—
If any difficulty arises in giving effect to any provision of this Act, the
Government may make such order as may be necessary for removing the difficulty.
26.
Repeal,
saving and succession.— (1) The Punjab Technical Education and Vocational
Training Authority Ordinance 1999 (XLV of 1999) is hereby repealed.
(2) Notwithstanding
the repeal of the Ordinance XLV of 1999–
(a)
any action taken or order or appointment made under the
repealed Ordinance shall be deemed to have been taken or made under this Act;
(b)
all rights, properties, assets or liabilities of the
Punjab Technical Education and Vocational Training Authority established under
the repealed Ordinance shall stand transferred to the Authority;
(c)
all employees of the Punjab Technical Education and Vocational
Training Authority established under the repealed Ordinance shall be deemed to
be the employees of the Authority; and
(d)
the employees of the Government, transferred to the
Punjab Technical Education and Vocational Training Authority under the repealed
Ordinance, shall continue to be the employees of the Government unless absorbed
in the service of the Authority.
[1] This Act was passed
by the Punjab Assembly on 14 July 2010; assented to by the Governor of the
Punjab on 19 July 2010; and, was published in the Punjab Gazette
(Extraordinary), dated 20 July 2010, pages 197
[2] Inserted
by the Punjab Technical Education and Vocational Training Authority (Amendment)
Act 2011 (XII of 2011)
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