PROVINCIAL ASSEMBLY OF SINDH NOTIFICATION
KARACHI,
THE 1ST APRIL, 2013.
NO.PAS/Legis‐B‐17/2013‐The
Benazir Bhutto Shaheed
Human Resource Research
and
Development Board
Bill, 2013 having been passed by the Provincial
Assembly of Sindh on
13th March, 2013 and
assented to by the Governor of Sindh on 28th
March, 2013 is hereby
published as an Act of the Legislature of Sindh.
THE BENAZIR BHUTTO SHAHEED HUMAN RESOURCE RESEARCH AND DEVELOPMENT
BOARD ACT, 2013.
SINDH ACT NO. XXXV OF 2013.
AN ACT
to provide for
establishment of a Board to be known as the Benazir Bhutto Shaheed Human
Resource Research and Development Board;
Preamble. WHEREAS it is expedient to establish a Board to be
known as the Benazir Bhutto Shaheed
Human Resource Research and Development Board, to undertake
research for development of human resource,
in order to provide the range
of skills
and vocational trainings, for un-employed persons, in the Province of Sindh and provide for matters
ancillary thereto;
It is hereby enacted as follows:-
1.Short title, extent and commencement.(1) This Act may be called the Benazir Bhutto Shaheed
Human Resource Research and Development
Board Act, 2013.
(2) It extends to the whole of Province of Sindh.
(3) It shall come into force at once.
2. Definitions. In this Act, unless there is anything repugnant in the
subject or context -
(i) “assessment”
means the training needs assessment, conducted for
the
training
programs and course under this Act;
(ii) “Board”
means the Benazir Bhutto Shaheed Human Resources Research and Development
Board constituted under section 4;
(iii) “Chairperson” means the Chairperson of the
Board;
(iv) “Controlling Authority” means the Controlling
Authority of the Board;
(v)
“Database”
means the database developed
by the Board;
(vi) “Development
Program” means
the Benazir
Bhutto Shaheed Youth Development Program;
(vii) “Fund” means the fund established under this
Act;
(viii) “Government”
means the
Government of
Sindh;
(ix) “Member”
means a member of the Board;
(x)
“prescribed” means prescribed by rules or regulations made under this Act;
(xi) “Private Training Providers” means an institute prequalified or short listed for providing training
for skill development to registered trainees;
(xii)
“rules and regulations” means the rules and regulations respectively made under this Act;
(xiii) “Secretary” means the Secretary of the Board; (xiv) “training course” means a curriculum based on
skill development course designed for particular
course for learners;
3.Constitution of Board.(1) There shall be established a Board to be known as the Benazir Bhutto Shaheed
Human Resource Research
and Development Board, to carry out the purposes of this Act.
(2) The Board shall be a body corporate
having perpetual succession
and a
common seal, with power subject to the
provisions of this Act, to acquire and hold property,
both movable and immovable, and shall
by the said name sue and be sued.
(3) The headquarters of the Board shall
be at
Karachi and
it may set-up its offices at such
place or places in
the
Province as it may consider
appropriate.
(4) The Board shall, in discharging
its functions, act on sound principles to organize
skill
trainings for
human
resource development as
well as facilitating
employment to graduates, and shall be guided by such directions as
Government may give, from time to time.
(5) If a question arises whether any matter
is of policy or not,
the decision of Government
shall be final.
4.Constitution of the Board. The Board shall consist of the following:-
(i) the Chairperson
to be appointed by Controlling Authority, from amongst the eminent scholars
or industrialists having at least ten years’ experience of vocational training field;
(ii) the Vice Chairperson
to be appointed by Board
from amongst the non- official members
of the Board;
(iii) Secretary
to
Government
of
Sindh, Labour
Department or his
representative not below
the rank of an Additional Secretary;
(iv) Secretary to
Government
of Sindh,
Finance
Department or his
representative not below
the rank of an Additional Secretary;
(v) Secretary to Government of Sindh, Planning
and Development Department or
his
representative not below the rank of an Additional Secretary;
(vi) Representative
of
the Karachi Chamber
of
Commerce and Industry from amongst
the eminent industrialists to be appointed by the
Board;
(vii) Representatives
of
the Sukkur or Larkano Chamber of Commerce and
Industry from amongst the eminent industrialists
to be appointed by the Board;
(viii) Representative of
the Hyderabad
or Mirpurkhas Chamber of Commerce and
Industry from amongst the eminent industrialists
to be appointed by the Board; and
(ix) Secretary of the Board;
(2) The Secretary shall act as Secretary
of the Board.
(3) The Board may co-opt any person as a member for any
particular purpose, but such person shall not have right of
vote.
(4) An official member appointed by virtue of his office shall cease to be the member on vacating such office.
(5) A non-official member shall hold office for a period of
three years from the date of his appointment, and shall be
eligible for re-appointment
for
such duration as Board may
determine.
(6) A non-official member may at any time, before the expiry of his term, resign from his
office, or be removed from
office by Board without assigning any reason.
(7) Any person appointed
on a casual vacancy in the office of non-official
member shall hold office for the
unexpired portion of the term of such vacancy.
(8) The members shall receive such remuneration, fees and allowances and
enjoy such privileges as may be determined by Government.
5.Disqualification of member. (1) No person shall be or shall continue to be a member
who –
(a) is not a citizen of Pakistan;
(b) is found a lunatic or becomes of un-sound mind;
(c) is or at any time has been convicted of an offence involving moral turpitude;
(d) is or has at any time been adjudicated insolvent;
(e) is or has
at any time
been
disqualified for employment
in or
dismissed from Government
service;
(f) is acting in contravention of the provisions of this
Act;
(g) has without permission of Government directly or indirectly any financial interest in any project or scheme or property of the Board.
6.Meetings of the Board. (1) The
meetings of the Board shall
be
regulated by
regulations but until regulations are framed, the meetings
shall be held as and when required by the Chairperson
or in his absence Vice-Chairperson or, as the case may be; provided that the meeting shall be held once in a quarter.
(2) Half of the total membership
of the Board shall
constitute a quorum for a meeting of the Board.
(3) The members shall have
reasonable notice of the time and place of the meeting and matters on
which a decision by the
Board shall be taken in such meeting.
(4) The decision
of the Board shall be
taken by the majority of its members present and, in case of a tie, the
member presiding a meeting shall have a casting vote.
(5) All orders, determination and decision of the Board shall be taken in writing and
shall
be
signed
by the Secretary.
7. Powers and Functions of the Board. The powers and functions of the Board shall be -
(i)
to approve the annual plans of skill trainings for human resource development;
(ii) to conduct assessment on annual basis,
cause to be published and to prescribe employable skill training courses;
(iii) to liaise with public and private sector institutes,
schools, colleges and universities
imparting skill training courses to establish membership based consortium (Human Resource Development
Network);
(iv) to develop
and maintain
database
of the graduates of various training courses
and publish
annual alumni directory;
(v) to formulate
policies and
guidelines
to
be
followed by the institutes for
performance against benchmarks;
(vi) to establish Management
Information System based on monitoring and evaluation as a
primary
source, and to develop and maintain a robust web
portal for exchange
of information and skill training activities in the Province;
(vii) to
plan, design and develop curricula
for its range of employment based training courses including
soft
skills package of communication
and discipline
for trainees of various trades to facilitate them to gain employment;
(viii)
to participate in
the
expressions of interests
(EoI) advertised
by organization(s) other than the Board,
for training and its related
activities through competitive bids;
(ix) to acquire
land,
buildings and other assets through donation or transfer of
rights to
the
Board and to sell, lease,
exchange or otherwise dispose of any property
vested in the Board;
(x) to hold and manage endowment fund
non-
lapsable consisting of its own budgeted resources, Government
grants and other donations;
(xi) to create and abolish
the posts, appoint the staff
and define their duties and
conditions of
services;
(xii) to enter into contracts and agreements
or other instruments as the Board may consider necessary; and
(xiii) to do all other acts and things which are incidental or are required to further the objectives of the Board.
8. Controlling Authority. The Controlling Authority of the Board shall be the
Chief
Minister Sindh or his nominee, who
may supervise the affairs of the Board.
9.Chairperson.(1) The Chairperson shall be appointed by the Controlling Authority who shall hold office for a period of three years and
on expiry of such term, he shall be eligible for re- appointment for further
period as may be specified by the Government.
(2) Where the office of the Chairperson
is
vacant temporarily or otherwise, by reason of leave, illness or other cause,
for a period not exceeding
one year, the Controlling
Authority shall make such arrangements
for performing the duties of the office of the Chairperson
as it may think fit.
(3) It shall be the duty of the Chairperson to ensure that
the provisions of this Act and Rules are faithfully observed and carried out.
(4) In any emergency arising out of the administrative
business of the Board and requiring
in opinion of the Chairperson, immediate action, the Chairperson on the
advice of Secretary may take such action as he may deem
necessary and shall report the action so taken to the Board in
its next meeting for approval.
(5) The Chairperson shall exercise such other powers
as may be prescribed.
10.Appointment of the Secretary.(1) There shall be a full time Secretary of the Board to
be appointed by Government on such terms and conditions as it may determine.
(2) The Secretary shall be an eminent professional of known integrity and competence having experience in human resource development, skill and vocational training of both public and private
sectors,
especially
in
the
context of managing human resources, financial management
and
program implementation in terms of manpower
skills and competence.
(3) The Secretary
shall be paid such salary and allowances
as
may be determined by Government but his salary and allowances
shall not be varied to his disadvantage
during the term of his office.
11.Powers of Secretary. The Secretary
shall have the powers to –
(a) exercise administrative control over the day to day functioning
of
the
Board including
management, financial management, human
resource management and management
of academic affairs;
(b) conduct
the
official correspondence
of
the Board for implementation
of all the decisions
and other business of the Board;
(c)
run the affairs of the Board for attaining its
objectives through the executive tier;
(d)
perform such functions
and exercise such
power as the Board may delegate to him;
(e) ensure that all grants, donations and contributions are to
be deposited in
endowment fund;
(f) act on behalf of the Board in any emergency, subject to the obligation to report such action to
the Board at its next meeting; and
(g) shall exercise such other power
and perform such other function
as may be assigned
to him by the Board.
12.Organizational Tier. There shall be established a full-fledged organizational tier
of the Board, under the Secretary in such manner and with
such functions as may be prescribed.
13.Committees. The Board may set up such administrative, financial and technical committees for the
efficient
performance of its
functions as may be necessary and entrust to the committees such
functions as it may consider necessary.
14.Appointment of officers and staff.(1)
The Board may, for efficient performance
of its functions, appoint such
officers, advisers,
consultants,
experts and other staff
possessing requisite professional, technical, ministerial or secretarial qualifications and
experience on such terms and conditions as may be
prescribed.
(2) The officers, advisers, consultants
and other staff shall be liable to such disciplinary
action and in such manner
as may be prescribed.
15.Assets and Liabilities and transfer of staff. (1) All
properties and assets, right and interest of
whatever kind, used, enjoyed, possessed, owned or vested in, or held in trust by the Development Program, Provincial
Coordination Unit, District
Monitoring Unit and Program Management Unit set up under the Development Program and all liabilities
legally subsisting against them shall stand
transferred to the Board.
(2) All persons serving in the Development Program, Provincial Coordination
Unit, District Monitoring Unit and Program Management Unit, in any capacity immediately before the commencement of this Act shall, if they opt to serve
the Board, notwithstanding in any law or terms and conditions for their service, stand transferred
for
service to the Board on the terms and conditions
as may be prescribed:
Provided that such terms and conditions
shall not be less favourable
than the terms and conditions admissible to them immediately before their transfer.
(3) The option under sub-section
(2) shall be exercised and submitted to Government within ninety days of the commencement of this Act and the option so exercised shall be final.
16.Fund.(1) There shall be established a Fund to be known as the
Benazir Bhutto Shaheed
Human Resource Development Board Fund which shall vest in the Board with
powers to manage and operate
it.
(2) All receipts
of
the Board from any source whatsoever including endowments, contribution and annual grants from Government, shall be credited to the Fund.
(3) Government shall provide annual grants to the Board for
carrying out the purposes of this Act.
(4) The
Board may receive grants from other sources
including private sector.
(5) The Board may invest
its funds
in investment schemes including Government securities for raising funds.
(6) The Fund shall be managed and operated in the manner as may be prescribed.
17.Audit and accounts.(1) The Board shall maintain accounts of receipts and
expenditure in accordance with the rules.
(2) The Board shall maintain an internal Audit Division
which shall regularly undertake
institutional
internal check and
control.
(3) The accounts of the Board shall be annually
audited through a firm of external Chartered Accountants
approved by the Board and the report of the Chartered Accountant along with audited account shall be presented
to Government.
18.Budget and accounts. The Board shall cause its accounts to
be maintained properly and in respect of each financial year submit for
approval of Government
by such date and in such form as may be specified by Government, a
statement showing the estimated receipts and current
expenditure and the sums to be required from Government during the next financial year.
19.Maintenance of accounts. The Board shall cause proper accounts
to be
kept and shall after
the end
of
each
financial year
cause to
be
prepared for that financial year a statement
of accounts of the Board which shall include a balance sheet and an account
of receipt and expenditure.
20.Submission of Reports.(1) The Board shall submit
an annual report to Government in respect
of any of its activities and furnish
such information as and when required by Government.
(2) The Board shall post all relevant information in a user-friendly manner on its website.
21. Delegation of powers. The Board may, by general or special order, delegate
any of its powers, functions
and duties, to the Chairperson,
member or any officer of the Board.
22.Public Servant. Every employee of the Board including officers, advisors, consultants and every person acting or purporting
to act under this Act, rules and regulations
shall be deemed
to be a public servant
within the meaning of section 21 of the
Pakistan Panel Code, 1860.
23. Validity of proceedings.
No act done or proceedings
taken or order passed
under this Act shall be rendered invalid
merely on the ground of the existence
of any vacancy in, or any defect in the constitution of the Board.
24.Indemnity. No suit, prosecution, or other legal proceedings shall lie
against the Board, the Chairperson
or
any member, officer, servants, advisers or consultants
of the Board in respect of
anything in good faith done or intended to be done under this
Act
or the rules and regulations made thereunder.
25. Powers to make rules. The Board may, with the approval of Government,
make
rules consistent with this Act for all or any of the
following matters, namely:-
(i) the constitution,
powers and functions of
Committees;
(ii) powers
and duties of the officers, advisers,
consultants and employees of the Board;
(iii) service matters
including rules regulating disciplinary action, grant
of
leave
and retirement of the employees
of the Board;
(iv) constitution
of pension or Provident
Fund for the benefit of the officers and
other employees of the Board; and
(v) such other matters
as
may appear
to
it
necessary for giving effect to the provisions of this Act.
26.Power to make regulations. The Board may make regulations, not inconsistent with
the provisions of this
Act and the rules made there under, for carrying out the purposes of this Act.
27. Removal of difficulty. If any difficulty arises in giving effect to any of the provisions of this Act, Government may make such order not inconsistent with the provisions of this Act for removing the difficulty.
BY ORDER OF THE SPEAKER PROVINCIAL ASSEMBLY OF SINDH
G.M.UMAR FAROOQ ACTING SECRETARY
PROVINCIAL ASSEMBLY OF SINDH
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