THE [1][KHYBER PAKHTUNKHWA] BOARD OF TECHNICAL EDUATION ACT, 1972.

12th January, 1973.

CONTENTS

PREAMBLE

SECTIONS

1.         Short title, extent and commencement.

2.         Definitions.

3.         Establishment and incorporation.

4.         Constitution of the Board.

5.         Resignation of members.

6.         Removal of members.

7.         Casual vacancies.

8.         Meetings of the Board.          

9.         Jurisdiction of the Board.

10.       Powers of the Board.

11.       Controlling Authority.

12.       Powers of Controlling Authority.

13.       Officers of the Board.

14.       Chairman.

15.       Secretary and Controller of Examinations.

16.       Other Officers.

17.       Committees of the Board.

18.       Constitutions, powers and duties of the Committees.

19.       Powers of the Board to frames Regulations.

20.       Powers of the Board to make Rules.

21.       Fund.

22.       Accounts and audit.

23.       Provident fund and pension.

24.       Members prohibited from deriving monetary benefit.

25.       Bar against membership.

26.       Validation.

27.       Bar to suits.

28.       Members employees to be public servants.

29.       Legal protection for act and orders.

30.       First Regulations.

31.       Repeal and saving.

32.       Transitional provisions.

SCHEDULE

            REGULATIONS OF THE BOARD

1.         Powers and duties of the Chairman.

2.         Powers and duties of the Secretary.

3.         Powers and duties of the Controller of Examination.

4(1).     Constitution of the Academic Committee.

4(2).     Term of office of members of the Academic Committee.

4(3).     Quorum for the meeting.

5.         Powers and duties of the Academic Committee.

6.         Constitution powers and duties of the Appointments Committee.

7.         Constitution and functions of the Finance Committee.

8.         Constitution and functions of the Committee for appointment of                             Paper Setters and Head Examiners.

9.         Committee Courses.

10.       Termination of membership.

11.       Recognition of institution.

12.       Audit.

THE [2][KHYBER PAKHTUNKHWA] BOARD OF TECHNICAL EDUATION ACT, 1972.

12th January, 1973.

[3][KHYBER PAKHTUNKHWA] ACT NO. VI 1973.

(Received the assent of the Governor of the [4][Khyber Pakhtunkhwa] on 12th January, 1973).

AN

ACT

to constitute and organize the [5][Khyber Pakhtunkhwa] Board of Technical Education.

            It is hereby enacted as follows—

            (2)  It extends to the whole of the [8][Province of Khyber Pakhtunkhwa], except the Tribal Areas.

            (3)   It shall come into force at once.

(a)   “Board” means the [9][Khyber Pakhtunkhwa] Board of Technical Education constituted under this Act;

(b)   “Center” means an institution imparting certificate level training;

(c)    “Chairman” means the Chairman of the Board;

(d)   “Committee” means a committee constituted under this Act;

(e)    “Controller of Examinations” means the Controller of Examination of the Board;

(f)     “Controlling Authority” means the Controlling Authority of the Board;

(g)   “Government” means the Government of [10][Khyber Pakhtunkhwa];

(h)   “Head of an Institution” means the Principal of an Institute or the officer Incharge of a Center, as the case may be;

(i)      “Institute” means an institution within the jurisdiction of the Board and recognized for the Technical, Vocational, Industrial and Commercial Education and Includes Polytechnic or Technical Institute, Vocational Institute or College imparting diploma level training in technical subjects;

(j)     “institution” means an Institute or a Center;

(k)    “prescribed” means prescribed by Regulations or Rules;

(l)     “Principal” means the Head of a Polytechnic or Technical Institute, Vocational Institute, Commercial Institute or any other Institute or College imparting diploma level training in technical subject;

(m) “recognized” means recognized by the Board;

(n)   “Regulations and Rules” means respectively Regulations and Rules made under this Act: and

(o)   “Secretary” means the Secretary of the Board.

            (2)        The Board shall be a body corporate, shall have power to acquire, hold and transfer property, shall have perpetual succession and seal and shall by the said name sue and be sued.

(i)     the Chairman;

(ii)   the Principal, Engineering College, University of Peshawar;

(iii) the Director, Technical Education, Peshawar, or his nominee not below the rank of Deputy Director;

(iv)  the Director of Education,[12][Khyber Pakhtunkhwa], Peshawar;

(v)    three industrialists nominated by the Controlling Authority;

(vi)  one Principal or a member of teaching staff of an Institute nominated by the Controlling Authority;

(vii)   One representative of Heads of Polytechnic or Technical Institutes elected by and from among themselves;

(viii)    one representative of the Heads of Commercial Institutes elected by and from among themselves;

(ix)     one person nominated by the Controlling Authority from amongst the Heads of Vocational Institutes; and

(x)    one nominee of the Institute of Engineers Pakistan.

            (2)  The names of the nominated and elected members shall be notified in the official Gazette.

            (3)    Subject to section 14, the term of office of members other than the ex-office members shall be two years.

            (4)   No member appointed by virtue of his office shall continue to be member if he ceases to hold that office.

            (5)    When a person ceases to be a member of the Board, he shall ceascsto be member of any of the committees of which he may be a member.

(2)   The decision of the Controlling Authority in this behalf shall be final.

            [13][Provided that no order under this section shall be passed unless the member effected is given an opportunity of being heard.]”

            (2)  The person who fills the vacancy shall be a member of the Board for the remaining part of the two years term.

            (2)  The quorum for meeting of the Board shall be five.

            (2)  Government may by general or special order, modify the jurisdiction of the Board with regard to such territorial limits or any institution therein.

            (2)   In particular and without prejudice to the generality of the power conferred by the preceding sub-section, the Board shall have the power-

(i)to hold and conduct all final examination pertaining to Technical, Vocational, Industrial and Commercial education below degree level and such other examinations as may determined by Government;

(ii)to prescribe courses of study or its examinations;

(iii)to lay down conditions for recognitions of institutions;

(iv)to accord, refuse or withdraw recognition, wholly or partly, after considering inspection reports received from an Inspection Committee appointed by the Board in this behalf;

(v)to inspect and arrange for inspection of recognized institutions and call for inspection reports;

(vi)to lay down conditions for admission orits examinations. to determine the eligibility of candidates and to admit them to the examinations;

(vii)to grant certificates and diplomas to persons who have passed its examinations;

(viii)to fix, demand and receive such fees as may be prescribed;

(ix)to supervise the residence, health and discipline of students of recognized institutions and classes with a view to promoting their general welfare;

(x)toorganize and promote extra-moral activities in and forrecognized institution;

(xi)to institute and award scholarships,medals and prizes in accordance with Regulations and Rules;

(xii)to hold, control and administer its property and funds;

(xiii)to enter into and carry out contracts in exercise of its duties under this Act and the Regulations;

(xiv)to pass the annual budget;

(xv)to transfer any movable and immovable property;

(xvi)to hold and manage endowments;

(xvii)to regulate and decide all administrative matters, including the creation and abolition of posts; provided that it shall lawful for the Chairman to create temporary posts for a period not exceeding six months;

(xviii)to appoint the staff and determine their duties and conditions of service;

(xix)to make provisions for buildings, premises, furniture, apparatus, books and other means required for carrying out the purposes of this Act;

(xx)to sanction such expenditure and to appoint such officers and staff as may be necessary to carry out the purposes of this Act; and

(xxi)to do all other acts necessary for carrying out the purposes of this Act.

(2)   The Board may delegate any of its powers to the Chairman or any officer of the Board or to a Committee or Sub-Committee appointed by it as it may deem fit.

            (2)  The Controlling Authority shall communicate to the Board the result of such inspection or inquiry and may advise the Board to take such action within such period as may be specified.

            (3)  The Board shall report to the Controlling Authority, the action as it proposes to take or has taken on such communication.

            (4)  Where the Board does not, within a reasonable time, take action to the satisfaction of the Controlling Authority, the Controlling Authority may, after considering any explanation made by the Board, issue directions as it thinks fit, and the Chairman shall comply with such directions.

            (5)  If the Controlling Authority is satisfied that any proceeding of the Board or a Committee is not in conformity with this Act, the Controlling Authority may, without prejudice to the foregoing provisions of this section, by order in writing annual such proceeding; provided that before making any such order the Controlling Authority shall, through the Chairman, call upon the Board or the Committee, as the case may be, to show cause why such an order should not be made.

            (6)  The Controlling Authority may, from time to time, direct the Board to conduct its affairs and to perform its functions in such manner as may be specified.

            (7)   The Controlling Authority may require the Board to furnish it with—

(i)     any return, statement, estimates, statistics or other information regarding any matter under the control of the Board; or

(ii)   a report on any such matter; or

(iii) a copy of any document in the charge of the Board and the Chairman shall comply with every such requisition.

            (8)  The Board shall submit to the Controlling Authority, as soon as possible after the end of every financial year but not later than the 30th September a report on the conduct of its affairs for that year.

            (2) The Chairman shall hold office for a period of three years from the date of notification of his appointment and on the expiry of his term of office, shall be eligible for re-appointment; provided that if a Government servant is appointed as Chairman, he shall serve, unless sooner recalled, until the completion of the tenure of his appointment  or until attaining the age of superannuations, whichever occurs earlier.

            (3)  When the office of the Chairman 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 carrying on the duties of the Chairman as it may think fit.

            (4)  The Chairman shall be the principal executive and academic officer of the Board and shall, when present, preside at the meetings of—

(i)the Board;

(ii)the Academic Committee, Finance Committee, Appointment Committee, Committee for the appointment of paper-setters and Head Examiners, Committees of Courses and other Committees of the Board.

            (5)  It shall be the duty of the Chairman to ensure that the provisions of this Act and the Regulations and Rules are faithfully observed and carried out and he shall exercise all powers necessary for this purpose.

            (6)  In any emergency arising out of the administrative business of the Board and requiring in the opinion of the Chairman, immediate action the Chairman may take such action  as he may deem necessary and shall report the action so taken to the Board at its next meeting for approval.

            (7)  The Chairman shall exercise such other powers as may be prescribed.

            (2)  Subject to the provisions of sub-section (3) the terms and conditions of service of the Secretary and Controller of Examinations and their powers and duties shall be such as may be prescribed.

            (3)  In case a Government servant is appointed as Secretary or Controller of Examinations on deputation, his term of appointment shall not exceed three years.

(i)the Academic Committee;

(ii)the Finance Committee;

(iii)the Appointments Committee;

(iv)Committee for appointment of Paper Setters and Head Examiners;

(v)Committees of Courses; and

(vi)Such other Committees as may be prescribed.

            (2)  The Board or a Committee may appoint such Sub-Committee as it may deem necessary.

(a)the constitution, powers and duties of the Committees;

(b)powers and duties of the officers of the Board, mentioned in section 13;

(c)rules of service including rules regulation disciplinary action grant of leave and retirement of the employees of the Board;

(d)constitution of pension or provident fund or both for the benefit of the officers and other employees of the Board; 

(e)admission of institutions to the privilege of recognition and withdrawal of recognition;

(f)general scheme of studies, including the total number of subjects to be taught and the duration of courses; and 

(g)such other matters as may appear necessary for giving effect to the provisions of this Act.

            (2)  The Regulations approved by the Board shall be submitted to Government and shall not take effect until they are approved by Government. Government may approve or disallow or remit them to the Board with its recommendations for further considerations.

(i)           inspection of institutions and the reports, returns and other information to be furnished by them;

(ii)         conditions of admission of candidates to the examinations and eligibility for diplomas, certificates and title;

(iii)       such other matters as are required to be prescribed by Rules.

(2)  The statement of accounts of the Board shall be submitted to Government once a year.

            (3)  The accounts of the Board shall be submitted in such manner as may be prescribed by the Regulations.

            (2)  Government may by notification,declare that the provisions of the Provident Fund Act,1925(Act, XIX of 1925), shall apply to such fund and on making of such declaration that Act shall apply accordingly as if the Board were Government and the said fund were the Government Provident Fund.

                        Provided that the emolument of the Chairman shall, under the terms           and conditions of his appointment, be paid from the funds of the Board:

                        Provided further that a member of a Committee may receive from   the Board remuneration in lumpsum for writing, compiling or editing a book intended prescribed for an examination of the Board.

(2) The Regulations laid down by Government within three months of the date of commencement of this Act shall become part of the Schedule.

      (2) Notwithstanding the repeal of the North-West Frontier Province Board of Technical Education Ordinance, 1972, everything done, action taken, obligation or liabilities incurred, rights, assets or property acquired, persons appointed or authorized, jurisdiction or powers conferred, agreements made or contracts signed, recognition granted or notification or orders issued under any of the provisions of the said Ordinance or Rules or Regulations made thereunder if not inconsistent with the provisions of this Act or Regulations or Rules made under this Act, shall be continued, and, so far as may be deemed to have been respectively done, taken, incurred, acquired, appointed or authorized,  conferred, made or signed, granted and issued under this Act and any document referring to any of the provisions of the said Ordinance, Regulations or Rules, shall, so far as may be, be considered to refer to the corresponding provisions of this Act or Regulations or Rules made under this Act.

 (2)  On the appointment of the nominated and elected members the Board shall exercise all powers and perform all duties of the Committees of the Board up to the time the Committees are constituted.

 (3)If there is any difficulty in giving effect to the provisions of this Act, the Controlling Authority may take such action to remove the difficulty as he may deem necessary.

SCHEDULE

REGULATIONS OF THE BOARD

(i)write confidential reports on the work of the officers whose grades carry an initial salary of four hundred and fifty rupees or more per mensem;

(ii)recommend to the Board any disciplinary action that he considers necessary against officers mentioned in clause (i) above;

(iii)take disciplinary action against members of the establishment whose grades carry an initial salary of less than four hundred and fifty rupees permensem; and

(iv)appoint Superintendents of Examinations.

       (2)  The Secretary shall take all possible steps to ensure that the funds of the Board are spent on the purpose for which they are provided.

(3)   The Secretary shall cause to be prepared and submit to the Board for approval the annual statement of accounts and budget estimates.

       (4)  All meetings of the Board and the Committees shall be convened by the Secretary under the directions of the Chairman.While preparing the agenda for meeting of the Board or a Committee, the Secretary shall carry out the directions of the Chairman given in this respect and no item shall be placed on such agenda or be considered in the meeting without previous permission of the Chairman.

(5)  The Secretary shall record the minutes and maintain the records of the proceeding of the Board and the Committees. 

(6)   The Secretary shall conduct the official correspondence of the Board under the authority of the Chairman except the correspondence relating to the conduct of examination.

        (7)  All fees and dues payable to the Board, and all sums received by the Secretary, shall be credited without delay to the account of the Board in a Bank or Treasury approved by the Board in accordance with the instructions issued by Government from time to time.

        (8)  The Secretary shall issue to successful candidates on behalf of the Board in the prescribed forms diplomas or certificates of having passed the examinations held by the Board.

            (9)  The Secretary shall perform such other duties as may be assigned to him by the Chairman.

(10) Notwithstanding anything to the contrary in these Regulations the Board may assign to any other officer or officers such duties of the Board as it may deem necessary.

(i)        cause the orders and decisions of the Board and the Chairman in all matters concerning the examinations to be carried out;

(ii)      make arrangements for the conduct of all examinations of the Board;

(iii)    conduct official correspondence of the Boardrelating to examinations; and

(iv)     perform such other duties as may be assigned to him by the Chairman.

(i)     to determine the subject or subjects which shall be assigned to each Committee of Courses;

(ii)   to advise the Board on the qualifications of the teachers and examiners; their duties and conditions of appointments;

(iii) to advise the Board on all academic matters including the general scheme of studies for an examinations, the number of subjects to be included in examination , the value of each subject in respect of marks to be assigned to it and the conditions to be fulfilled for passing an examination and for being placed in a particular division; and.

(iv)  to exercise such other powers and perform such other duties as may be prescribed.

             (2)  The Appointments Committee shall recommend the appointment, confirmation and scale of pay officers or employees of the Board whose scales of pay carry an initial salary of four hundred and fifty rupees or more per mensem.

             (3)  The members of the Appointments Committee, other than the ex-officio members, shall hold office for two years.

             (4)  The quorum for a meeting of the Appointments Committee shall be three.

            (2)  The functions of the Finance Committee shall be—

(i)     to examine the annual budget and advise the Board thereon; and

(ii)   to review the financial position of the Board periodically and make recommendations to the Board for improving its finance.

             (3)  The members of the Finance Committee, other than the ex-officio members, shall hold office for two years.

             (4)  The quorum for the meetings of the Finance Committee shall be three.

            (2)  The functions of the Committee for appointment of Paper Setters and Head Examiners shall be to appoint Paper Setters and Head Examiners for all examinations conducted by the Board after considering the recommendations of the Committee of Courses in this behalf. Where a Committee of Courses does not make its recommendations within the time specified by the Committee for appointment of Paper Setters and Head Examiners the Committee will make these appointments without the recommendations of the Committee of Courses.

            (3)  The member of the Committee for appointment of Paper Setters and Head Examiners, other than the Chairman, shall hold office for two years.

            (4)  The quorum for the meetings of the Committee for appointment of Paper Setters and Head Examiners shall be three.

(i)     one Head of Department of the subject from Polytechnics or Technical Institutes, Commercial Institutes or Vocational institutes, nominated by the Academic Committee;

(ii)    one person having experience of subject nominated by the Board;

(iii) one expert in the subject nominated by the Chairman:

                        Provided that if in a subject the required number of teachers is not  available the Chairman may decide that the number of members of the     Committee of Courses for the subject concerned may be less than four or             may permit the nomination of suitable persons who are not teachers, as       members of a particular committee of Courses.

            (2) The term of office of the members of the Committee of Courses shall be two years:

                        Provided that if a vacancy occurs during the course of two years, the          member appointed to fill the vacancy shall hold  office for the remaining   term only.

            (3)  Each Committee of Courses shall consider academic matters relating to the subject or subject or subjects with which it is concerned and shall recommend to the Academic Committee the courses of study and text-books to be prescribed as well as the conditions to be fulfilled for passing the relevant examination in the subject or subjects.

            (4)   Each Committee of Courses shall have a Convener who shall be nominated by the Board.

            (5)   The quorum for a Committee of Courses shall be three.

            (2)  If the Board, on the basis of a report received from an inspection committee appointed by it, is satisfied that the conditions of recognition have ceased to fulfilled by any institution, the Board may cancel the recognition.

            (3) The Board may, if it considers necessary, arrange a special inspection of any institution by an inspection committee appointed by it.

            (2) The statement of the accounts of the Board signed by Secretary and the Auditor,shall be submitted to Government within six months of the closing of the financial year.

            (3) The accounts of the Board shall be audited once a year in conformity with the Regulations and Rules by the Auditor appointed by Government for this purpose.