Provincial Services Academy (Khyber Pakhtunkhwa) Act, 2013.
Download FeedBack| Department: | Establishment and Administration Department | ||||||||||||||||||||||||||||||
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| Main Category: | Acts | ||||||||||||||||||||||||||||||
| Specific Category Name: | Service | ||||||||||||||||||||||||||||||
| Year | 2013 | ||||||||||||||||||||||||||||||
| Promulgation Date: | 28-01-2013 | ||||||||||||||||||||||||||||||
| Details: | THE
PROVINCIAL SERVICES ACADEMY (KHYBER
PAKHTUNKHWA) ACT, 2013. (KHYBER
PAKHTUNKHWA ACT NO. VIII OF 2013) CONTENTS PREAMBLE SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Establishment of the Academy. 4. Objectives of the Academy. 5. Board of Governors. 6. Powers and functions of the Board. 7. Meetings of the Board. 8. Appointment of Director General. 9. Functions of Director General. 10. Fund. 11. Budget. 12. Maintenance of Accounts. 13. Audit. 14. Annual Reports. 15. Application of the Khyber
Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules. 16. Power to make rules. [1][16A. Power to make
regulations.] 17. Removal of difficulty. THE
PROVINCIAL SERVICES ACADEMY (KHYBER
PAKHTUNKHWA) ACT, 2013. (KHYBER
PAKHTUNKHWA ACT NO. VIII OF 2013) [First published
after having received the assent of the Governor of the Khyber Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa (Extraordinary),dated
the 28thJanuary,2013]. AN ACT to provide for
the establishment of a Provincial Services Academy in the Province
of the Khyber Pakhtunkhwa. WHEREAS it is expedient
to establish an Academy for imparting training to officers obligated with
executive functions in the Province of the Khyber Pakhtunkhwa and matters
connected therewith or incidental thereto; It
is hereby enacted as follows: 1. Short
title, extent and commencement.---(1) This Act may be called the
Provincial Services Academy (Khyber Pakhtunkhwa) Act, 2013. (2) It
shall extend to whole of the Province of the Khyber Pakhtunkhwa. (3) It
shall come into force at once. 2. Definitions.---In this Act,
unless there is anything repugnant in the subject or context,- (a) “Academy”
means the Provincial Services Academy, Khyber Pakhtunkhwa, established under
section 3; (b) “Board”
means the Board of Governors of the Academy; (c) “Chairman”
means the Chairman of the Board; (d) “Director
General” means the Director General of the Academy; (e) “faculty”
mean members of the teaching staff of the Academy; (f) “Fund”
means the Fund of the Academy established under section 11; (g) “Government”
means the Government of the Khyber Pakhtunkhwa; (h) “member”
means a member of the Board; (i) “prescribed”
means prescribed by rules [2][or regulations]; (j) “Province”
means the Province of the Khyber Pakhtunkhwa; [3][Deleted] [4][(j-i) "regulations" mean the regulations
made under this Act; and] (k) “rules”
mean the rules made under this Act 3. Establishment
of the Academy.---(1)
Government shall, as soon as may be, by notification in the official Gazette,
establish an Academy to be known as the Provincial Services Academy, Khyber
Pakhtunkhwa. (2) The
Academy shall be a body corporate, having perpetual succession and a common
seal, with power to acquire, hold and dispose of property, both movable and
immovable in its name, and shall by its name sue and be sued. (3) The
main office of the Academy shall be at Peshawar. 4. Objectives
of the Academy.---The
objectives of the Academy shall be- (a) to
impart pre-service and in-service training to the officers and personnel
obligated with executive functions; (b) to
provide for training and research in the disciplines of public policy, public administration,
governance, planning development, law, finance, economics, management, regional
studies, social services delivery and any other discipline impacting on
governance in the Province; (c) to
support other existing facilities/institutions in the Province for promotion of
education, training and research; (d) to
prescribe and commission courses of study and training; (e) to
determine teaching methods, training strategies and support activities to
optimize the impact of educational and training programmes; (f) to
design and organize training courses, conferences, lectures, workshops,
seminars and symposia in matters connected with or ancillary to the
disciplines; (g) to
undertake research, consultancy and advisory services; (h) to
prescribe standards and award certificates and other distinctions to persons
who have been admitted to and have passed its education and training courses;
and (i) to
serve as research institute for Government, on matters of public policy. 5. Board
of Governors.---(1)
The general direction and administration of the affairs of the Academy shall
vest in the Board of Governors. (2) The
Board shall consist of-
(3) The
members at clauses (h) and (i) shall be appointed by Government, for a period
of three years and shall be eligible for re-appointment for a further period of
three years. (4) A
non-official member at clause (h), may resign from his office by writing under
his hand addressed to the Chairman. 6. Powers
and functions of the Board.---(1) The Board shall- (a) exercise
supervision and control over the affairs of the Academy; (b) lay
down policy and programme for training and research; (c) approve
curricula, courses and modules proposed for orientation and training; (d) review
and evaluate performance of the Academy; (e) appoint
Director General, Directors, Deputy Director and permanent faculty members of
the Academy; (f) specify
qualification, conditions of service and other matters relating to Director
General, Directors, Deputy Directors and permanent faculty Members of the
Academy; and (g) consider and approve annual budget and
revised estimates of the Academy. (2) The
Board may delegate any of its powers to the Chairman, a committee of members or
the Director General. 7. Meetings
of the Board.---(1)
In addition to the mandatory meetings provided in sub-section (2), the Chairman
may convene such other meetings of the Board, on such date, time and place as
he may deem appropriate. (2) The
Board shall have two mandatory meetings relating to Budget and Annual Review,
to be held in the months of June and December respectively. (3) In
its budget meeting, the Board shall consider and approve- (i) annual
budget and revised estimates; and (ii) academic calendar, schedule of training and other activities
of the Academy. (4) In
its annual review meeting, the Board shall- (i) review
report of the Academy for preceding year; (ii) review
implementation status of its decisions; and (iii) consider revision of targets and proposals for course
correction. (5) The
mandatory meetings shall be presided over by the Chairman himself, while the
other meetings shall be presided by the Chairman or in his absence by the
Vice-Chairman. (6) Business
of the Board shall be conducted in such manner and in accordance with such
procedure as may be prescribed. (7) No
proceedings or decision of the Board shall be invalid by reason only of the
existence of a vacancy or defect in the constitution of Board. (8) The
quorum of the meeting of the Board shall be half of its members. (9) The
decision shall be made by simple majority present. (10) The
Chairman or the Vice-Chairman, as the case may be, presiding over the meeting,
shall have a casting vote, in case of tie. 8. Appointment
of Director General.---The Director General shall be appointed by the
Chairman with the approval of the Board from amongst the serving civil
servants, not below the rank of a BPS-20 Officer. 9. Functions
of Director General.---The Director General shall- (a) manage
affairs of the Academy under the general supervision of the Board; (b) maintain
discipline and order in the Academy; (c) enforce
policy, rules and regulations of the Academy; (d) appoint
Advisors, Consultants, Experts, Visiting
faculty and other supporting staff of the Academy; (e) specify
qualification, conditions of service and other matters relating to the
Advisors, Consultants, Experts, visiting faculty and other supporting staff of
the Academy; (f) perform
as Principal Accounting Officer of the (g) maintain
books of accounts for receipts into and expenditure from the Fund. 10. Fund.---(1) There shall be established a Fund to be known
as “the Provincial Services Academy (Khyber Pakhtunkhwa) Fund,” and shall be
administered and controlled by the Board. (2) The
Fund shall be utilized for the purpose of this Act including expanses to run
the affairs of the Academy. (3) The
sources of income of the Fund shall be- (a) annual allocation for the current
expenditure; (b) grants
including conditional grants, specific purposes grants, endowment for research
and development funds allocated by Government; (c) rents
and profits payable or accruing to the Academy from immovable property vested
in or managed by it; (d) proceeds
or any other profits from bank accounts and investment of the Academy; (e) gifts,
grants or contributions by individuals and institutions accepted by the Academy
with approval of the Board; (f) proceeds
of course, training and consultancy fee charged by the Academy; and (g) sale
proceeds and royalty on publications of the Academy. (3) The
Fund shall be kept in State Bank, Government Treasury or a bank in such manner
as approved by the Board. (4) Moneys credited to the Fund shall be
expended in accordance with annual budget approved by the Board. 11. Budget.---(1) Before the
commencement of a financial year, the Director General shall prepare in the
prescribed manner, a budget for that year and lay it before the Board for
approval. (2) To
facilitate budget preparation for the Academy, Government shall before the
beginning of each financial year, notify provisional resource allocation which
may be credited to the Fund. (3) Conditional grants from Government or
other sources shall be shown separately in the budget and shall be governed by
conditions provided therein. 12. Maintenance
of Accounts.---The
Academy shall maintain proper accounts and other records relating to its
financial affairs including its income and expenditure and its assets and
liabilities in such form and manner, as may be prescribed. 13. Audit.---(1) Subject to
provisions of this Act, the accounts of the Academy shall be audited by the
Auditor General of Pakistan. (2) The Board may commission an internal
audit of the Fund in addition to the annual audit. 14. Annual
Reports.---(1) The Director General shall, not later than (2) The
report shall be submitted to the Board for consideration in its annual review
meeting in December. (3) The Board shall cause a copy of the
report to be laid before the Provincial Assembly of the Khyber Pakhtunkhwa. 15. Application
of the Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline)
Rules.---The
Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules shall,
mutatis mutandis apply to the employees of the Academy. 16. Power
to make rules.---Government
may, by notification in the official gazette, make rules for carrying out the
purposes of this Act. [5][16A. Power to make regulations.---Subject to the
provisions of this Act and rules, the Board may by notification in the official
Gazette, make regulations for carrying out the purposes of this Act.] 17. Removal
of difficulty.---Government may, on the recommendations of the Board,
by order, provide for the removal of any difficulty which may arise in giving
effect to the provisions of this Act. |