1. Short title and commencement.
3. Constitution of the Authority.
5. Powers and functions of the Chairman.
7. Delegation of powers.
8. Authority Fund.
9. Budget, Audit and Accounts.
10. Employees of the Authority.
11. Proceedings of Authority not invalidated by vacancies, etc.
13. Power to make Rules.
14. Power to make Regulations.
15. Removal of difficulties.
PUNJAB TECHNICAL EDUCATION AND VOCATIONAL TRAINING AUTHORITY
(Pb. Ord. XLV of 1999)
4th September 1999
An Ordinance to provide for the constitution of the
Technical Education and Vocational Training Authority of the Punjab
Preamble : —
Whereas it is expedient to provide for the establishment of the Technical Education and Vocational Training Authority of the Punjab.
And whereas the Provincial Assembly of the Punjab is not in session and the Governor of the Punjab is satisfied that circumstances exist which render immediate action necessary;
Now, therefore, in exercise of the powers conferred upon him under Article 128 of the Constitution, the Governor of the Punjab is pleased to promulgate the following Ordinance : —
1. Short title and commencement : — (1) This Ordinance may be called the Punjab Technical Education and Vocational Training Authority Ordinance 1999.
(2) It shall come into force at once and shall be deemed to have taken effect on the day the Punjab Technical Education and Vocational Training Authority Ordinance 1999 (XXIV of 1999) stands repealed under Article 128(2) of the Constitution.
2. Incorporation : — (1) The Government may establish an Authority to be called the Technical Education and Vocational Training Authority of the Punjab.
(2) The Authority shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property and to contract and shall by the said name sue and be sued. The immovable property acquired by the Authority shall not be sold by it without the approval of the Government.
3. Constitution of the Authority : — (1) The Authority shall consist of not less than seven and not more than fifteen members to be appointed by the Government.
(2) Three of the ex-officio members of the Authority shall be Secretaries to the Government and others shall be from amongst persons from the private sector.
(3) The Government shall appoint one of the members as Chairman of the Authority on such terms and conditions as the Government may determine.
(4) The term of office of the Chairman shall be five years and that of the members other than ex-officio members shall be three years.
(5) The Government may at any time remove the Chairman for reasons to be recorded in writing.
(6) The Government may itself or on the recommendation of the Chairman, at any time remove any member.
(7) The Chairman may co-opt four members who shall not have the power to vote.
(8) (a) There shall be a Secretary to the Authority who shall be appointed by the Government on such terms and conditions as the Government may determine from time to time.
(b) If the Secretary is from the public sector, he shall be a BS-20 Officer.
4. Functions : — (1) The Authority shall take over, Polytechnics, Commercial Training Institutes and Colleges, Technical and Vocational Training Centres, Apprentices Training Centres under the administrative control of the various Departments or Agencies of the Government including service and Training Centres of the Punjab Small Industries Corporation and any other institution office organization or undertaking notified by the Government according to its own Schedule.
(2) Notwithstanding anything contained in the Punjab Board of Technical Education Ordinance 1962, the Authority shall be the Controlling Authority under section 11 of the said Ordinance.
(3) The Institutions taken over by the Authority under sub-section (1) shall be regulated and administered by the Authority.
(4) The Authority may set up new Institutions having objects similar to those of the institutions mentioned in sub-section (1).
(5) The Authority shall perform such other functions in the field of technical and commercial education and vocational training as may be prescribed by the rules.
5. Powers and functions of the Chairman : — The Chairman of the Authority shall be the Chief Executive of the Authority and shall be responsible for the management, administration and day-to-day affairs of the Authority.
6. Committees : — The Chairman may establish such Committees as may be necessary for the efficient performance of the functions of the Authority.
7. Delegation of powers : — (1) The Authority may delegate any of its powers, duties or functions to the Chairman or to any member of the Board or to any Officer of the Authority.
(2) The Chairman may delegate any of his powers to any person, officer of the Authority or institution under its control.
8. Authority Fund : — (1) There shall be a fund to be known as the Technical Education and Vocational Training Authority Fund which shall vest in the Authority and to which shall be credited all moneys received by the Authority.
(2) The fund shall be kept in such custody and shall be utilised and regulated in such manner as may be prescribed by the rules.
(3) The Government shall provide funds to the Authority to enable it to perform its functions.
(4) The Authority may in addition to funds received from the Government or the Zakat Fund, invite, collect and receive funds from donations, fees and other sources.
9. Budget, Audit and Accounts : — The budget of the Authority shall be approved and its accounts shall be maintained and audited in such manner as may be prescribed by the rules.
10. Employees of the Authority : — (1) The Authority may employee such officers, advisers, consultants and employees in its service as may be necessary for the efficient performance of its functions in such manner and on such terms and conditions as may be prescribed by the Authority.
(2) The services of the existing employees of the Institutions or offices taken over by the Authority shall be transferred to the Authority on terms and conditions which shall not be less favourable than those admissible to them immediately before their transfer to the Authority.
(3) The employees transferred under sub-section (2) shall continue to be employees of the Government liable to be transferred back to the Government by the Authority unless absorbed in the service of the Authority in such manner as may be prescribed.
(4) The Authority shall, through adoption of policies of hiring freeze, reassignment, restructuring of Institutions, non-replacement of employees retiring upon attainment of age of superannuation and providing incentives for early retirement, bring the number of its employees in conformity with the requirements of the Authority.
(5) The Government shall in accordance with the relevant rules contribute to the pension, gratuity and final payment of provident fund, and other similar payments of the employees of the Institutions or offices who become the employees of the Authority under sub-section (2) for the period they served the Government.
11. Proceedings of Authority not invalidated by vacancies, etc : — No act, proceedings, resolution or any decision of the Authority shall be invalid by reason of any vacancy in the Authority doing, passing or making it or by reason of any want of qualification or invalidity in the appointment or nomination of any de facto member of the Authority whether present or absent.
12. Indemnity : — All acts done, orders passed or proceedings taken by the Authority in good faith, shall be final and shall not be called in question in any Court by a suit or otherwise.
13. Power to make Rules : — The Government may make rules for carrying out the purposes of this Ordinance.
14. Power to make Regulations : — Subject to this Ordinance and the Rules framed thereunder, the Authority may make Regulations for carrying out the purposes of this Ordinance.
15. Removal of difficulties : — If any difficulty arises in giving effect to any provision of this Ordinance, the Government may make such order as may be necessary for removing the difficulty.