To amend the West Pakistan
Board of Technical Education Ordinance, 1962, in its application to the
Province of the
Punjab
.
Preamble
Whereas, it is expedient to amend the West
Pakistan
Board of Technical Education Ordinance,
1962. It is applicable to the Province of the
Punjab
, in the manner hereinafter appearing;
Now therefore, in pursuance
of the Martial Law Proclamation of 25th March, 1969, read with the
provisional Constitution Order, the Administrator of Martial Law, Zone `C', in
exercise of the powers of the Governor of the Punjab, conferred on him by the
President and Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-
Short title extent and
commencement:
1. (a) This Ordinance may be called the West Pakistan Board of Technical
Education (Punjab Amendment) Ordinance, 1971.
(b) It
extends to the whole of the
Punjab
.
(c) It
shall come into force at once.
Definitions
2.
In
this Ordinance, unless the context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned to them, that is to say :
(a)
`Board'
means the Punjab Board of Technical Education constituted under this Ordinance;
(b)
`Centre'
means an Institution imparting Certificate Level Training.
(c)
`Chairman'
means the Chairman of the Board.
(d)
`Committee'
means a Committee constituted under this Ordinance.
(e)
`Controller
of Examinations' means the Controller of Examinations of the Board.
(f)
`Controlling
Authority' means the Controlling
Authority of the Board.
(g)
`Government'
means the Government of Punjab.
(h)
`Head
of an Institution' means the Principal of an Institute or the Officer
Incharge of a Centre, as the case may be.
(i)
Institute'
means an Institution within Jurisdiction of the Board and recognized for the
Technical, Vocational, Industrial and Commercial Education and includes
Polytechnic Institute, Technical Institute and any other Commercial Institute and any other Institute or College
imparting Diploma level training in
Technical Subjects.
(j)
`Institution'
means an Institute or a Centre.
(k)
`Prescribed'
means prescribed by Regulations or Rules.
(l)
`Principal'
means the Head of a Polytechnic or Technical Institute, Commercial Institute,
or any other Institute or College
imparting Diploma level Training in Technical Subjects.
(m)
`Recognized'
means recognized by the Board.
(n)
`Regulations'
and “Rules'' means respectively the Regulations and Rules made under this Ordinance; and
(o)
`Secretary'
means the Secretary of the Board.
Establishment
and Incorporations
3. (a) The Punjab Board of Technical Education shall be constituted in
accordance with the provisions of
this Ordinance and shall be called the
Punjab Board of Technical Education.
(b)
The
Board shall be a body corporate and
shall have perpetual succession and a common seal with power to acquire and
hold property and to transfer the same
and may sue or be sued by its corporate
name.
Constitution of the Board
4. (a) The Board shall
consist of the following members, namely :
(i)
The
Chairman.
(ii)
The
Vice-Chancellor, West Pakistan University of Engineering and Technology,
Lahore
or a University Professor, nominated by
him.
(iii)
The
Director, Technical Education,
Lahore
.
(iv)
The
Director of Education,
Lahore
, or his nominee, not below the rank of
Deputy Director.
(v)
An
Industrialist 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 Institutes elected by and from
among themselves.
(viii)
One
representative of Heads of Commercial Institutes elected by and from among
themselves.
(ix)
(One
person) nominated by the
Controlling Authority from amongst the
Heads of Technical Training Centres or Vocational Institutes.
(x)
One
nominee of the
Institute
of
Engineers
,
Pakistan
.
(b)
The
names of the nominated and elected members shall be notified in the Official Gazette.
(c)
The
term of office of members other than the ex-officio members shall be
two years.
(d)
No
member appointed by virtue of his office shall continue to be
member if he ceases to hold that office.
(e)
When
a person ceases to be member of the Board, he shall cease to be member of any
of the Committees of which he may be a member.
Resignation
of Members
5. A member of the Board may resign his membership by a letter addressed to the Chairman;
provided that the resignation shall not
have effect until it is accepted by the
Controlling Authority.
Removal
of Members
6. A member shall be
liable to be removed by the Controlling Authority, if :-
(a)
He
has become of unsound mind;
(b)
He
has been declared insolvent by a competent court;
(c)
He
has been convicted by a criminal court
of an offence involving moral turpitude.
The decision of the Controlling Authority in this behalf
shall be final.
Casual Vacancies
7. (a) Whenever there occurs
a vacancy in the membership of the Board
due to death;
resignation or removal, it shall be filled in accordance
with the provisions of this
Ordinance.
(b)
The
person who fills the vacancy shall be a member of the Board for the part of the
two-year term.
Meeting of the Board
8. (a) The Chairman may when he considers necessary and shall, on a
requisition from at least five
members of the Board, call a meeting of the Board.
(b) The
quorum for meeting of the Board shall be five.
Jurisdiction
of the Board
9. (a) The Board shall exercise its powers within the territorial
limits of the Province of Punjab
and such other areas as may be notified by the Government from time to time.
(b)
The
Government, may by general or special order, modify the jurisdiction of the
Board with regard to such territorial limits of any institution therein.
Powers
of the Board
10. (a) Subject
to the provisions of this Ordinance, the Board shall have power to organize,
regulate, develop and control Technical, Vocational, Industrial and Commercial Education.
(b)
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 examinations pertaining to Technical and Commercial
education below degree level and such
other examination as may be determined by the Government;
(ii)
To
prescribe courses of study for its examinations.
(iii)
To
lay down conditions for recognition 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 to
its 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)
To
organize and promote extra-mural activities in and for recognized Institutions.
(xi)
To
institute and award scholarships, medals
and prizes in accordance with the 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 Ordinance and the Regulations.
(xiv)
To
pass the Annual Budget.
(xv)
To
transfer any movable and immovable property.
(xvi)
To
hold and arrange endowments.
(xvii)
To
regulate and decide all administrative matters, including the creation and
abolition of posts; provided that it shall be lawful for the Chairman to create
temporary posts for a period not exceeding six months.
(xviii)
To
appoint the staff and define their duties and conditions of service.
(xix)
To
make provision for buildings, premises,
furniture, apparatus, books and other means required for carrying out the purposes of this Ordinance.
(xx)
To
sanction such expenditure and to appoint such officers and staff as may be
necessary to carry out the purposes of this Ordinance.
(xxi)
To
do all other acts necessary for carrying out the purposes of this Ordinance.
(c)
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.
Controlling Authority
11. The
Governor of
Punjab
or his nominee shall be the Controlling
Authority of the Board.
Powers of the Controlling
Authority
12. (a) The
Controlling Authority shall have the power to cause an inspection to be made by such
person or persons as he may direct
of the office activities and funds and of examinations
conducted by the Board and to cause an enquiry to be made in like manner in respect of any
matter
concerning the Board.
(b)
The
Controlling Authority shall communicate to the Board the result of such
inspection or enquiry and may advise the Board to take such action with-in such
period as may be specified.
(c)
The
Board shall report to the Controlling Authority the action as it proposes to
take or has taken on such communication.
(d)
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 such directions as it thinks fit, and
the Chairman shall comply with such directions.
(e)
If
the Controlling Authority is satisfied that any proceedings of the Board or a
Committee is not in conformity with this Ordinance, the Controlling Authority
may, without prejudice to the fore-going provision of this Section, by
order in writing, annul such
proceedings; 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.
Officers of the Board
13. The
following shall be the Officers of the Board :-
(a)
The
Chairman.
(b)
The
Secretary.
(c)
The
Controller of Examinations.
(d)
Such
Other Officers as may be appointed by the Board.
Chairman
14. (a) The
Chairman shall be appointed by the Controlling Authority on such terms and
conditions as may be determined by the Controlling Authority.
(b)
The
Chairman shall hold office ordinarily for a term 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 Superannuation which-ever occurs earlier.
(c)
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 office of the Chairman as it may think fit.
(d)
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.
(e)
It
shall be the duty of the Chairman to ensure that the provisions of this
Ordinance and the Regulations and Rules are faithfully observed and carried out
and he shall exercise all powers necessary for this purpose.
(f)
If
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.
(g)
The
Chairman shall exercise such other powers as may be prescribed.
Secretary and Controller
of Examinations
15. (a) The Secretary and the Controller of
Examinations shall be whole time salaried
officers appointed by the Board with the approval of the Controlling Authority.
(b)
Subject
to the provision of Sub-Section (c) the
terms and conditions of service of the Secretary and the Controller of
Examinations and their powers and duties shall be such as may be prescribed
with the approval of Controlling Authority.
(c)
In
case a Government Servant is appointed as Secretary or Controller of
Examinations on deputation, his term of appointment shall not exceed three
years.
Other
Officers
16. Subject to the provisions of this Ordinance, the powers and
duties of Other Officers
of the Board shall be such as may be determined by
the Board.
Committees of the Board
17. (a) The Board
shall have the following Committees, namely :-
(i)
The
Academic Committee.
(ii)
The
Finance Committee.
(iii)
The
Appointment Committee.
(iv)
Committee
for Appointment of Paper-Setters and Head Examiners.
(v)
Committee
of Courses.
(vi)
Such
other Committees as may be prescribed.
(b) The Board or a Committee may appoint such
Sub-Committees as it may deem necessary.
Constitution,
Powers and Duties of the Committees
18. The constitution, functions and duties of the Committees
mentioned in Sub-Section (i) of
Section
17 shall be such as may be prescribed by Regulations.
Powers
of the Board
19. (a) The
Board shall have the power to make Regulations consistent
with this Ordinance on all
or any of the following matters, namely :-
(i)
The
constitution, powers and duties of the committees.
(ii)
Powers
and duties of the officers of the Board
mentioned in Section 13.
(iii)
Rules
of Service including Rule regulating
disciplinary action, grant of leave and retirement of the employees of the
Board.
(iv)
Constitution
of pension or provident fund or both for
the benefit of the officer and other employees of the Board.
(v)
Admission
of Institutions to the privilege of recognition and withdrawal of recognition.
(vi)
General
scheme of studies, including the total number of subjects to be taught and the duration of courses.
(vii)
such
other matters as may appear necessary for giving effect to the provisions of
this Ordinance.
(b)
The
Regulations approved by the Board shall be submitted to the
Government and shall not take effect
until they are approved by the Government. The Government may approve or disallow or remit them to the Board with its
recommendations for further consideration.
Powers
of the Board to make Rules
20. The Board may make Rules consistent with this Ordinance and the
Regulations to provide for :-
(a)
Inspection
of Institutions and the reports, returns and other information to be furnished
by them.
(b)
Conditions
of admission of candidates to the examinations and eligibility for Diploma,
Certificates and Titles.
(c)
Such
other matters as may be prescribed by Regulations.
Fund
21. The Board shall have a Fund to which shall be credited all its
income including income from fees,
endowments, grants and contributions.
Accounts and Audits
22. (1) The
Accounts of the Board shall be maintained in such manner as may be prescribed
by Rules.
(b)
The
Statement of Accounts of the Board shall be submitted to the
Government once a year.
(c)
The
Accounts of the Board shall be submitted in such manner as may be prescribed by
the Regulations.
Provident
Fund and Pension
23. (a) The
Board shall establish for the benefit of
its employees such Pension or ProvidentFund
or both as it may deem fit in such manner and subject to such conditions as may be
prescribed.
(b)
The
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.
Members
prohibited from deriving Monetary Benefits
24. No member of the Board shall draw any fee or other remuneration in any capacity
whatever from the funds of the Board or enter into any contract with the Board directly or through any other person in
connection with the affairs of the Board.
Provided that the
emoluments 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 lump sum for
writing, compiling or editing a book intended to be prescribed for an
examination of the Board.
Bar against Membership
25. No person who has any
financial interest in any book
prescribed by the Board as course of study for any examination conducted by the
Board or has a financial interest as a partner or other-wise in any firm which
publishes, procures, or supplies any such book, shall be eligible to become a member of the Board or a Committee
or continue as such after having acquired any such interest.
Validation
26. No act or proceedings of the Board or any Committee shall be
invalidated merely by reason of any irregularity in the appointment of any
member of the Board or the Committee.
Bar to Suit
27. All acts done, orders passed or proceedings taken by the Board
shall be final and shall not be called in question in any court by a suit or
otherwise.
Members
and Employees to be Public Servants
28. Members of the Board
and the Committees constituted under
this Ordinance, the Employees of the Board and other persons appointed for
carrying out the purposes of this
Ordinance, shall be deemed to be public servants within the meaning of Section
21 of the Pakistan Penal Code (XLV of
1960).
Legal Protection for Acts
and Orders
29. No suit for damages or other legal proceedings shall be
instituted against the Government, the Controlling Authority, the Board, any Committee, any Member of the Board or Committee, or Officer
or Employee of the Board in respect of
anything done or purported to have been done in good faith in pursuance of this Ordinance and the Regulations and Rules
made thereunder.
First Regulations
30. (a) Notwithstanding
anything to the contrary contained in this Ordinance, the Regulations set out in the Schedule shall, on the commencement of this Ordinance be deemed to be the First Regulations
framed by the Board under Section 19.
(b)
The
Regulations laid down by the Government within three months of the date of commencement of this Ordinance
shall become part of the Schedule.
Transitional
Provision
31. (a) From
the date of commencement of this Ordinance and till such time as the nominated and
elected members are appointed, the Chairman and the ex-officio members shall exercise all the
powers and perform all the duties of the Board and its Committees.
(b)
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.
(c)
If
there is any difficulty in giving effect to the provision of this Ordinance,
the Controlling Authority may take such action to remove the difficulty as he
may deem necessary.
32. Anything done, proceeding or action taken, rights or assets
acquired, obligation or liability incurred, persons appointed or authorized,
jurisdiction or power conferred, endowment, bequest or fund created, donation
or grant made, scholarship or award instituted, recognition granted, order issued and Regulations or Rules made by the
West Pakistan Board of Technical
Education as such or in the name of the Punjab Board of Technical Education on or after 1st July, 1970, shall be deemed to have
been respectively done, taken, acquired, incurred, appointed or
authorized, conferred, created, made, instituted, granted issued and made by
the Punjab Board of Technical Education constituted, under Section 4.
