GOVERNMENT OF THE KHYBER PAKHTUNKHWA

ELEMENTARY AND SECONDARY EDUCATION DEPARTMENT

NOTIFICATION

Peshawar, dated the 25^th November, 2013.

No SO(AB)E&SE/15-1/EEF/2013.---In exercise of the powers conferred by section 11 of the Khyber Pakhtunkhwa Elementary Education Foundation Ordinance, 2002 (Khyber Pakhtunkhwa Ord. No. XXX of 2002), the Board with the approval of Government of the Khyber Pakhtunkhwa is pleased to make the following regulations, namely:

THE KHYBER PAKHTUNKHWA ELEMENTARY EDUCATION FOUNDATION BUSINESS REGULATIONS, 2013.

Part-I

GENERAL

1.         Short title and commencement.---(1)  These regulations may be called the Khyber Pakhtunkhwa Elementary Education Foundation Business Regulations, 2013.

            (2)        They shall come into force at once.

2.         Definitions.---In these regulations, unless there is anything repugnant in the subject or context:

(a)        “business” means all work done by the Foundation;

(b)        “Committees” mean the Committees constituted by the Board to oversee the functions and operations of the Foundation;

(c)        “case” means a particular matter under consideration and includes all papers relating to it and required to enable the matter to be disposed of, viz: correspondence and notes and also any previous papers on the subject or subjects covered by it or connected with it;

(d)       “Ordinance” means the Khyber Pakhtunkhwa Elementary Education Foundation Ordinance, 2002 (Khyber Pakhtunkhwa Ord. No. XXX of 2002);

(e)        “Partners” mean the private education sector service providers, which have formally entered into a partnership with the Foundation through an open and competitive process;

(f)        “Province” means the Province of the Khyber Pakhtunkhwa; and

(g)        “partnership” means public private partnership between the Foundation and private sector entrepreneurs and non-governmental organizations for promotion of private sector education in the Province, in accordance with relevant policy and rules.

3.         Board meetings.---(1) The Managing Director with the approval of the Chairman, shall call a meeting of the Board.

            (2)        The Managing Director shall, on requisition of the majority members, after seeking approval of the Chairman, call a meeting of the Board.

            (3)        Eight members shall constitute quorum of the Board meeting in which at least four shall be the private members.

            (4)        The Chairman, or in his absence the Vice-Chairman of the Board, shall preside over the Board meeting.

            (5)        Minutes of the meeting shall be taken by the Secretary of the Board and circulated after approval of the Chairman, within ten (10) days of the convening of the meeting.

4.         Responsibilities of the Managing Director.---The Managing Director shall have the responsibilities to-

(a)        act in accordance with the Ordinance, rules made there under and use only the powers which are explicitly delegated to him by the Board;

(b)        ensure transparency, effectiveness and efficiency in internal processes and procedures in line with applicable legal and regulatory framework;

(c)        work towards a conducive and result oriented environment at the Foundation;

(d)       conduct performance appraisals and keep the Board informed of all major matters, issues and for which decisions are required;

(e)        work to establish quality assurance, monitoring and evaluation, partnership and continuous professional development frameworks in line with the mandate of the organization and to run it in an effective and efficient manners;

(f)        continuously work for improvement of service delivery and in particular to serving the prioritized communities and citizens of the Province;

(g)        ensure transparency in financial, procurement and partnership management in particular;

(h)        keep Government informed of all major activities, issues, progress and achievements;

(i)         ensure effective and efficient human resource management;

(j)         prepare annual and multi-year programs, projects, plans and work plans with the employees of Foundation and submit the same for approval;

(k)        ensure timely submission of annual financial statements and other requirements of the Board and Government on financial reporting;

(l)         ensure for regular external audit by the office of the Auditor General of Pakistan and effectively follow up on the audit recommendations, including internal audit;

(m)       work towards improving value for money in all procurements;

(n)        implement the policy, guidelines for partnership in true letter and spirit and ensure effective partnership with private education sector service providers for development of education in private sector;

(o)        prepare development plans and PC-1, PC-II, PC-III and PC-IV;

(p)        plan and execute validations and impact assessments
for each major activity through an independent third party; and

(q)        carry out any other task assigned by the Board or Government from time to time.

5.         General procedure for disposal of business.---(1)  The framing of the policy of the Foundation is the responsibility of the Board, and its execution shall be the duty of the Managing Director.

            (2)        The Managing Director shall submit cases to the Board or its Committees, for disposal.

            (3)        The Managing Director shall be responsible to the Board and its Committees for the proper conduct of business and for ensuring that the sanctioned policy of the Board or Government, as the case may be, is duly executed. In case Government notifies certain policy which has an impact or related to the Foundation, the Board shall consider it and accordingly accord approval to the same for adoption. He shall, at all times, be answerable to the Board, on the conduct of business in any wing, section and project of the Foundation.

            (4)        While submitting a case for the orders of the Chairman or the Board, as the case may be, it shall be the duty of the Managing Director to suggest a definite line of action. Any correspondence, submission of reports or any information shall be passed on to the Board through the Managing Director.

            (5)        The Managing Director shall keep the Board and its Committees generally informed of the working of the Foundation and of any important case disposed of without reference to the Board or its Committees.

            (6)        All orders shall be passed in writing. Where a verbal order is given, it shall be reduced to writing at the earliest opportunity by the officer receiving it.

            (7)        If any doubt or dispute arises as to the wing to which a case properly pertains, the matter shall be referred to the Chairman who may constitute a committee to seek recommendations for disposing of the case.

            (8)        All actions of the Foundation shall be expressed to be taken in the name of the Board.

            (9)        All contracts shall be made and executed on behalf of the Board and by its Procurement Committee and the Managing Director, in accordance with the delegated powers and specific authorization to the Managing Director in this context.

6.         Inter and intra consultation and communication.---(1)  All cases seeking decisions shall be routed to the Managing Director for onward submission to the Board, through respective Head of initiating wing, section, project management unit and the district office. Routing of cases shall follow the vertical and horizontal communication in accordance with the organizational structure in vogue.

            (2)        All intra communication between sections and wings of the Foundation shall be undertaken by endorsing copy to the Managing Director. In case of any disagreement on a specific case, same shall be submitted to the Managing Director for his consideration and resolution.

            (3)        The Foundation shall undertake consultation with wings depending on the nature of the case. However all external communications and consultations with Administrative Departments of Government, Federal  Government or any other Provincial Government shall be made through the Managing Director and the Secretary.

Sd/-x-x-x

SECRETARY TO

GOVERNMENT OF THE KHYBER PAKHTUNKHWA

ELEMENTARY AND SECONDARY EDUCATION DEPARTMENT.