25th March, 2010
WHEREAS it is expedient to make Regulation for the promotion, improvement, financing of education and human resource development in the Federally Administered Tribal Areas through strengthening of education both in public and private sectors in line with the education policy of the Government;
NOW, THEREFORE, in exercise of the powers conferred by clause (5) of Article 247 of the Constitution of the Islamic Republic of Pakistan, the President of Pakistan is pleased to make and promulgate the following Regulation, namely:—
1. Short title, application and commencement.—(1) This Regulation may be called the Federally Administered Tribal Area Education Foundation, Regulation, 2008.
(2) It shall extend to the whole of the Federally Administered Tribal Areas.
(3) It shall come into force at once.
2. Definitions.—In this Regulation, unless the context otherwise requires,
(a) “bank” means any scheduled Bank as defined in the State Bank of Pakistan Act, 1956 (XXX III of 1956) in whose custody and control the Fund is kept and invested;
(b) “Board” means the Board of Directors of the Foundation constituted under section 5;
(c) “Chairman” means the Chairman of the Board;
(d) “Chief Executive” means the Chief Executive of the Executive Committee;
(e) “Director Education” means the Director of Education, Federally Administered Tribal Area;
(f) “educationist” means a person engaged in or having qualification and experience, expertise, pertaining to educational planning, management and teaching in a government department or organization established for promotion of education;
(g) “Executive Committee” means the Committee constituted under section 7;
(h) “FATA” means the Federally Administered Tribal Areas as defined in clause (c) of Article 246 of the Constitution of the Islamic Republic of Pakistan;
(i) “Foundation” means the FATA Education Foundation established under section 3;
(j) “Fund” means the Fund established under sub-section (1) of section 9;
(k) “Government” means the Federal Government;
(1) “Governor” means the Governor of the North-West Frontier Province;
(m) “grant” means a sum of non-refundable amount advanced to an organization from the Fund;
(n) “loan” means a refundable sum of money advanced by the Foundation to an organization;
(o) “Managing Director” means the Managing Director of the Foundation;
(p) “NGO” means an organization set up with private finance for advancement of education in FATA and all such other organizations registered under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961 (XLVI of 1961), Societies Registration Act, 1860 (XXI of 1860), the Trust Act, 1882 (II of 1882), and the Companies Ordinance, 1984 (XLVII of 1984); and
(q) “prescribed” means prescribed by rules made under this Regulation.
3. Establishment of the Foundation.—(1) As soon as may be after the commencement of this Regulation, the Government may, by notification in the official Gazette, establish a Foundation to be called FATA Education Foundation with its head office at Peshawar.
(2) The Foundation shall be a body corporate having perpetual succession and a common seal, with powers, subject to this Regulation, to acquire and dispose of property both movable and immovable, and shall by the said name sue and be sued.
4. Management.—The general administration and management of the Foundation and its affairs shall vest in the Board which may exercise all the powers and do all acts and things which may be exercised or done by the Foundation.
5. Functions of the Foundation.—(1) The Foundation shall take all such measures as it deems necessary for the promotion, improvement and financing of education and human resource development in FATA through strengthening of education both in public and private sectors in line with the education policy of the Government.
(2) Without prejudice to the generality of the foregoing function, the Foundation may,—
(i) assist in the establishment of educational institutions and allied projects;
(ii) prepare schemes for improving the quality and standard of education in all types of educational institutions in FATA;
(iii) give loans to individual or NGO to facilitate establishment and improvement of educational institutions and infrastructure in FATA;
(iv) grant scholarships, stipends, fellowships to students on merit-cum-in¬affordability basis, both in public and private educational institutions, including those run by autonomous bodies in FATA as well as students who are receiving education anywhere outside FATA, but are bona fide residents of FATA;
(v) promote public and private partnership for development of education, ensuring sustainability of educational development under public and private partnership through innovative mechanisms such as providing endowment and matching grants, etc;
(vi) provide and administer direct financial assistance to private schools and educational institutions outside FATA providing educational facilities to students who are bona fide residents of FATA;
(vii) initiate and maintain contact and collaboration with other organizations, institutions, NGOs, bodies and societies in Pakistan and abroad including relevant International Agencies and constituents of United Nations system interested in similar objectives and to co-operate with such institutions, bodies and organizations for furthering the objectives of the Foundation;
(viii) coordinate with other stakeholders in initiating, organizing and facilitating projects and programs on resource sharing basis in FATA;
(ix) Provide support in service training in FATA to,—
(a) teachers and other staff;
(b) private school teachers; and
(c) NGO communities, representatives and members of educational committees and other bodies developed for such purpose from time to time;
(x) establish in any place of FATA such regional offices, branches and local units as may be necessary for managing any of the affairs of the Foundation;
(xi) purchase, take on lease or on allotment or hire or otherwise acquire, erect or adapt movable or immovable properties for the time being and to sell, lease out or hire all or any portion of the same as considered necessary for attaining the objectives of the Foundation;
(xii) enter into any arrangement with any authority including Government, Provincial Government, local bodies, or any corporation, company or persons that may be conducive to the Foundation’s objectives and to obtain from any such Government, authority, corporation, company or person any charters, contracts, rights, privileges and concessions which the Foundation may think desirable, and to carry out exercises and comply with any such charters, contracts, rights, privileges and concessions;
(xiii) open accounts with banks or approved financial institutions;
(xiv) plan and manage the Endowment fund of FATA Education Foundation wisely so as to earn optimum income for funding the operational plans of the Foundation.
(xv) treat the income and money of the Foundation, all of which shall be considered public assets, as a sacred trust and it shall be the prime responsibility to administer and manage Foundation funds with due diligence and transparent fiduciary responsibility and for the purposes for which the Foundation has been established;
(xvi) ensure that as far as possible the Foundation’s operations are decentralized, subject to sound financial and operational management principles, to facilitate access to the Foundation’s services by other organizations in FATA working in furtherance of the purposes of this Regulation;
(xvii) ensure that the resources of the Foundation are only provided to well functioning, professionally managed institutions with transparent governance and financial management systems;
(xviii) ensure that financial assistance to other educational institutions and beneficiaries is based on sound principles of cost sharing, sustainability and financial viability. However the objectives of the Foundation shall be the prime consideration;
(xix) hold workshops and seminars for orientation of staff and faculty as well as for public awareness;
(xx) conduct research, surveys and studies to identify areas of malfunctioning in the education system of FATA and suggest remedial solutions;
(xxi) constitute such financial, technical and other committees as is necessary for carrying out the purposes of this Regulation;
(xxii) perform such other functions as may be deemed appropriate by the Foundation;
(xxiii) consider the annual and revised budgets and give directions to the Managing Director as deemed necessary;
(xxiv) hold, control and administer its funds;
(xxv) consider the annual report and give directions to the Managing Director as may be necessary;
(xxvi) approve its rules;
(xxvii) regulate, determine and administer all other concerning matters and to this end exercise all powers necessary to fulfill the requirements of this Regulation;
(xxviii) delegate any of its powers to an officer or a committee or sub-committee appointed or constituted under this Regulation;
(xxix) create suspend or abolish such administrative posts as may be necessary and to appoint persons against the posts so created;
(xxx) suspend, punish and remove from service the officers and employees of the Foundation in the manner prescribed; and
(xxxi) take up such other measures and steps as may be necessary to carry out the purpose of this Regulation.
6. Constitution and composition of the Board.—(1) The Government shall, as soon as possible, but not later than sixty days from the date of the establishment of the Foundation, constitute a Board consisting of the following members, including the Chairman, to carry out the purposes of this Regulation, namely:
(a) Governor of the North-West Frontier Province; Chairman
(b) Secretary State and Frontier Region, Government Member
(c) Secretary Finance, Government of Pakistan; Member
(d) Additional Chief Secretary FATA; Member
(e) Director Education FATA; Member
(f) a prominent Banker to be appointed by the Member
(g) two nominees of the Government, preferably Member
(h) one nominee of Governor from any part of Pakistan; Member
(i) three eminent educationists (two male and one Member
(j) Managing Director. Member
(2) The Managing Director shall act as the Secretary of the Board.
(3) For initial selection of the members, other than ex officio members of the Board, the Governor may constitute a special committee comprising of the Additional Chief Secretary FATA, Managing Director and Director Education FATA, for making suitable recommendations for the membership of the Board.
(4) The members of the Board, other then ex officio members, shall hold office for a period of three years and shall be eligible for re-appointment for such term or terms as the Federal Government or Governor, as the case may be, may determine provided that a member shall cease to hold office on attaining the age of sixty five years or expiry of the tenure whichever is earlier.
(5) Any casual vacancy caused due to the permanent absence of a member shall be filled in the manner specified in sub-section (1) and the incumbent shall hold office for the unexpired period of the term of his predecessor.
(6) The Board shall meet at least once in six months or earlier, if required due to exigencies, at such a place and on such a date as the Chairman may direct. The quorum for a meeting of the Board shall be two-third of the total membership including the Chairman. Not less than seven days notice shall be given to the members of any such meeting and the agenda and the working papers for the meeting shall be circulated to the members with advance notice of such meetings.
(7) All the decisions in a meeting of the Board shall be taken by majority of votes and in case of equality of votes, the Chairman shall have a second or casting vote.
(8) No remuneration shall be admissible to the Chairman, any member or the secretary of the Board, except traveling and daily allowance, as admissible, to members coming to attend a meeting of the Board from out station.
(9) A member of the Board, other then ex officio member may at any time resign by writing under his hand addressed to the Government. Provided that no such resignation shall take effect until it is accepted.
7. Executive Committee.—(1) As soon as may, be after the commencement of this Regulation, an Executive Committee shall be constituted by the Foundation consisting of the following, namely:—
(a) Managing Director who shall by the Chief Executive of the Committee;
(b) two members to be nominated by the Foundation; and
(c) any other co-opted member on recommendations of the Chief Executive.
(2) Subject to the provisions of this Regulation and the rules made thereunder and the general or special directions of the Foundation, the Executive Committee shall be the principal administrative body of the Foundation responsible for executing all policies and discharging all functions of the Foundation as may be assigned to it. A member of the Executive Committee shall, unless he resigns from office earlier, hold office for a period of three years and shall be eligible for re-appointment for such term or terms as the Federal Government may determine provided that the member of the Executive Committee shall cease to hold office on attaining the age of sixty-five years or expiry of the tenure, whichever is earlier.
(3) The Executive Committee shall perform the following functions, namely:—
(a) develop criteria for financing quality education programs in FATA;
(b) review and scrutinize proposals received from private sector and NGOs, based on the eligibility criteria for financing the proposal;
(c) review and approve various programs of the Foundation;
(d) scrutinize the budget, audit and accounts reports;
(e) may recommend creation of posts, salary packages, re-designation and upgradation of any existing post to the Board; and
(f) any other matter assigned to it by the Foundation;
(4) The Executive Committee shall meet at least once in three months in addition to such other meetings as may be required in exceptional circumstances.
8. Managing Director.—(1) There shall be a Managing Director to be appointed by the Board and who shall be the Chief Executive of the Executive Committee. The Managing Director shall, unless he resigns from office earlier, hold office for a period of three years and shall be eligible for re-appointment for such term or terms as the Federal Government, on the recommendation of the Governor may determine, provided that the Managing Director shall cease to hold office on attaining the age of sixty-five years or expiry of the tenure, whichever is earlier. However, the Governor / BOD may relax the age limit in special circumstances.
(2) The Managing Director shall be a full time salary paid officer of the Foundation.
(3) The services of the Managing Director may be terminated if found guilty of misconduct or is incapable of performing his duties due to physical or mental disability.
(4) The Managing Director shall,—
(a) be responsible for the day to day management of the Foundation and for instituting, conducting, defending or abandoning any legal proceedings by or against the Foundation or its officers or otherwise concerning the affairs of the Foundation and also to compound and allow time for payment or satisfaction of any debts due of any claims or demand by or against the Foundation and for the purpose to appoint advocate;
(b) appoint consultants, advisors and other employees as per powers delegated to him by the Foundation;
(c) have power to suspend, punish and remove from service any employee of the Foundation in the prescribed manner;
(d) administer the funds placed at the disposal of the Foundation for prescribed purposes;
(e) have powers to incur miscellaneous and contingent expenditures within the budgetary provision;
(f) exercise powers of a controlling officer in respect of his own bills and the traveling allowance bills of the employees of the Foundation;
(g) interact with international agencies and donors, preparing and submitting projects, negotiating and executing partnership programmes and projects with partner organizations;
(h) receive and manage any property transferred, and grants, bequests, trusts, gifts, donations, endowments and other contributions made to the Foundation through specially constituted Finance Committee;
(i) invest any money belonging to the Foundation in any of the Bank, Government security schemes and other investment initiatives on the recommendations of the Board or the Executive Committee, as the case may be;
(j) cause proper books of accounts to be kept for all sums of money received and spent by the Foundation and for assets and liabilities of the Foundation;
(k) enter into, carry out and cancel contracts on behalf of the Foundation;
(1) have power to refer any claims or demands by or against the Foundation to arbitration and to look after the follow up action;
(m) exercise supervision and disciplinary control over the work and conduct of all employees of the Foundation;
(n) submit the annual work plan and budget of the Foundation to the Board and the Executive Committee; and
(o) undertake and perform such other task as may be assigned to him by the Foundation.
9. Fund.—(1) There shall be Foundation’s Fund to be known as the “Fund” and the following shall be the sources of the Fund, namely:—
(a) grants made by the Government;
(b) income from investments made by the Foundation;
(c) other sources of the Fund will include, but is not limited to, endowments, grants, contributions, donations, trusts, bequests from national and international organizations and philanthropists; and
(d) revolving funds placed by the Government and incomes from other sources.
(2) The Fund shall be under the control and management of the Foundation and shall be kept in such banks and invested in such a manner as may be prescribed by the Board.
(3) The income from the Fund shall be utilized in accordance with the prescribed procedure and for the purpose as may be prescribed.
10. Audit and accounts.—(1) The accounts of the Foundation shall be maintained in such form and manner as may be prescribed and shall be audited by an auditor to be appointed by the Board on recommendation of the Foundation who is a Chartered Accountant within the meaning of the Chartered Accountants Ordinance 1961 (X of 1961).
(2) The Managing Director shall cause to prepare annual account statement of the Fund within thirty days of closing of the respective financial year.
(3) The Foundation shall, after the end of every financial year, submit to Government the audited annual statement of accounts of the Foundation, together with the report of the auditor.
(4) The Foundation shall also submit to Government after the end of every year, a report of its activities during that year.
11. Indemnity.—No suit, prosecution or other proceedings shall lie against any officer or employee of the Foundation or any other person exercising any power or performing any function under this Regulation or the rules made there under for anything which is done or intended to be done in good faith.
12. Power to make rules.—The Foundation may, with the approval of the Board, make rules for carrying out the purpose of this Regulation.
[F. No. 11(6) P/L/2007.]
ASIF ALI ZARDARI,