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Board's Act

SHORT TITLE, EXTENT AND COMMENCEMENT

  • This Act may be called the Khyber Pakhtunkhwa (Old Name:-North-West Frontier Province[NWFP]) Board of Technical Education Act, 1972.
  • It extends to the whole of the Khyber Pakhtunkhwa (Old Name:-North-West Frontier Province[NWFP]) except the Tribal Areas.
  • It shall come into force at once.

DEFINITIONS

  • “Board” means the Khyber Pakhtunkhwa Board of Technical Education constituted under this Act.
  • “Centre” means an institution imparting certificate level training.
  • “Chairman” means the Chairman.
  • “Committee” means a committee constituted under this Act.
  • “Controller of Examinations” means the Controller of Examinations of the Board.
  • “Controlling Authority” means the Controlling Authority of the Board.
  • “Government” means the Government of the Khyber Pakhtunkhwa.
  • “Head of an Institution” means the Principal of an Institute or the Officer incharge of a Centre, as the case may be.
  • “Institute” means an institution within the jurisdiction of the Board and recognised for the Technical, Vocational, Industrial and Commercial Education and includes Polytechnic or Technical Institute, Vocational Institute, Commercial Institute and any other Institute or College imparting diploma training in technical subjects.
  • “Institution” means Institute or a Centre.
  • “Prescribed” means prescribed by Regulations or Rules.
  • “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 subjects.
  • “Recognised” means recognised by the Board.
  • “Regulations and Rules” means respectively Regulations and Rules made under this Act and
  • “Secretary” means the Secretary of the Board.

COMPOSITION OF THE BOARD


The Board shall consist of the following members namely:
• The Chairman
• The Principal, Engineering College, University of Peshawar.
• The Director, Technical Education, Peshawar, or his nominee not below the rank of Deputy Director.
• The Director of Education, Khyber Pakhtunkhwa Province, Peshawar.
• Three industrialists nominated by the Controlling Authority.
• One Principal or a member of teaching staff of an Institute nominated by the Controlling Authority.
• One representative of Heads of Polytechnic or Technical Institutes elected by and from among
   themselves.
• One representative of the Heads of Commercial Institutes elected by and from among themselves.
• One person nominated by the Controlling Authority from amongst the Heads of Vocational Institutes    and
• One nominee of the Institute of Engineers, Pakistan.
  

MEETINGS OF THE BOARD

• 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.
• The quorum for meeting of the Board shall be five.

JURISDICTION OF THE BOARD

• The Board shall exercise its powers within the territorial limits of the Khyber Pakhtunkhwa Province, and
    such other areas as may be notified by Government from time to time.
• Government may by general or special order, modify the jurisdiction of the Board with regard to such
   territorial limits or any institution therein.

POWERS AND FUNCTIONS OF THE BOARD

• Subject to the provisions of this Act, the Board shall have power to organise, regulate, develop and
   control Technical, Vocational, Industrial and Commercial Education.

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

 

a) hold and conduct all final examinations pertaining to Technical, Vocational, Industrial and     Commercial Education below degree level and such other examinations as may be determined by
    Government.
b) prescribe courses of study for its examinations.
c) lay down conditions for recognition of institutions.
d) accord, refuse or withdraw recognition, wholly or partly, after considering inspection reports     received from an Inspection Committee appointed by the Board in this behalf.
e) inspect and arrange or inspection of recognised institutions and call for inspection reports.
f) lay down conditions for admission to its examinations, to determine the eligibility of candidates
   and to admit them to the examinations.
g) grant certificates and diplomas to persons who have passed its examinations.
h) fix, demand and receive such fees as may be prescribed.
i) supervise the residence, health and discipline of students of recognised institutions and classes
   with a view to promoting their general welfare.
j) organize and promote extra-mural activities in and for recognised institutions.
k) institute and award scholarships, medals and prizes in accordance with the Regulations and Rules.
l) hold, control and administer its properly and funds.
m) enter into and carry out contracts in exercise of its duties under this Act and the Regulations.
n) pass the annual budget.
o) transfer any movable and immovable property.
p) hold and manage endowments.
q) 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.
r) appoint the staff and determine their duties and conditions of service.
s) make provisions for buildings, premises, furniture, apparatus, books and other means required for
    carrying out the purposes of this Act.
t) sanction such expenditure and to appoint such officers and staff as may be necessary to carry out
   the purposes of this Act and
u) do all other acts necessary for carrying out the purposes of this Act.


 

• 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

The Governor of the Khyber Pakhtunkhwa Province or his nominee shall be the Controlling Authority of the Board.

POWERS OF CONTROLLING AUTHORITY

• The Controlling Authority shall have the power to cause an inspection to be made by such person or
   persons as it may direct, of the offices, activities and funds and of examinations conducted by the
   Board, and to cause an inquiry to be made in like manner in respect of any matter concerning the
   Board.
• 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.
• The Board shall report to the Controlling Authority the action as it proposes to take or has taken on
   such communication.
• 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.
• 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.
• 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.
• The Controlling Authority may require the Board to furnish it with:

  a) Any return, statement, estimates, statistics or other information regarding any matter under the
    control of the Board or
b) A report on any such matter or
c) A copy of any document in the charge of the Board and the Chairman shall comply with every
    such requisition.

• 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 the year.

OFFICERS OF THE BOARD

The following shall be the officers of the Board.
• The Chairman
• The Secretary
• The Controller of Examinations
• Such other officers as may be appointed by the Board

APPOINTMENT, POWERS & DUTIES OF CHAIRMAN

• The chairman shall be appointed by the Controlling Authority on such terms and conditions as may be
   determined by the Controlling Authority.
• 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 superannuating, whichever
   occurs earlier.
• 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.
• The Chairman shall be the principal executive and academic officer of the Board and shall, when
   present, preside at the meetings of:

  a) The Board
b) 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.

 

• 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.
• 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.
• The Chairman shall exercise such other powers as may be prescribed.

POWERS & DUTIES OF THE SECRETARY

• The Secretary shall, subject to the control of the Chairman, be incharge of the academic and
   administrative sector of the Board’s office and shall cause the orders and decisions of the Board and
   the Chairman in all matters except those concerning the examinations to be carried out.
• 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.
• The Secretary shall cause to be prepared and submit to the Board for approval the annual statement of
   accounts and budget estimates.
• 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 carryout 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.
• The Secretary shall record the minutes and maintain the records of the proceedings of the Board and
   the Committees.
• 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.
• 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 of Treasury approved by the Board in accordance
  with the instructions issued by Government from time to time.
• 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.
• The Secretary shall perform such other duties as may be assigned to him by the Chairman.

POWERS AND DUTIES OF THE CONTROLLER OF EXAMINATIONS

The Controller of Examinations shall, subject to the control of the Chairman, be incharge of the
examinations sector of the Board’s office and shall:
• Cause the orders and decisions of the Board and the Chairman in all matters concerning the
   examinations to be carried out.
• Make arrangement for the conduct of all examinations of the Board.
• Conduct official correspondence of the Board relating to examinations.
• Perform such other duties as may be assigned to him by the Chairman.


COMMITTEES OF THE BOARD


The Board shall have the following Committees namely:
• The Academic Committee
• The Finance Committee
• The Appointment Committee
• Committee for appointment of Paper Setters and Head Examiners
• Committees of Courses
• Such other Committees as may be prescribed
• The Board or a Committee may appoint Sub Committee as it may deem necessary.

POWERS OF THE BOARD TO FRAME REGULATIONS

The Board shall have the power to make Regulations consultant with this Act on all or any of the following matters, namely:

 

a) The constitution, powers and duties of the Committees.
b) Powers and duties of the officers of the Board.
c) Rules of service including rules regulating 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.

• The Regulations approved by the Board shall be submitted to 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

The Board may make rules consistent with this Act and the Regulations to provide for:

a) Inspection of institutions and reports returns and other information to be furnished by them.
b) Conditions of admission of candidates to the examinations and eligibility for diplomas, certificates and titles.
c) Such other matters as are required to be prescribed by Rules.

FUNDS

The Board shall have a fund to which shall be credited all its income including income from fees, endowments, grants and contributions.

ACCOUNTS AND AUDIT


• The Board shall appoint a whole-time officer as Auditor for the purpose of auditing the bills to be paid from the funds of the board. No expenditure shall be made from the funds of Auditor in conformity with the Regulations and Rules.
• The statement of the accounts of the Board signed by the Secretary and the Auditor shall be submitted to Government within six months of the closing of the financial year.
• 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.
• The accounts of the Board shall be maintained in such manner as may be prescribed by rules.
• The statement of accounts of the Board shall be submitted to Government once a year.
• The accounts of the Board shall be submitted in such manner as may be prescribed by the Regulations.

PROVIDENT FUND AND PENSION

• The Board shall establish for the benefit of its employees such pension or provident fund or both as it may deem fit in such manner and subject to such conditions as may be prescribed.
• 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 Boards were Government and the said fund were the Government Provident Fund.

Appoint examiners and supervisory staff to conduct examinations pertaining to   Technical, Vocational, Industrial and Commercial Education below degree level and such   other examinations as may be determined by the government.

Prescribe courses of study for its examinations.

Lay down conditions for recognition of institutions to ensure provision of requisite facilities in the affiliated institutions.

Grant certificates and diplomas to persons who have passed its examinations.

Institute and award scholarships, medals and prizes in accordance with the Regulations and Rules.
   
   
   
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Khyber Pakhtunkhwa Board of Technical Education
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Peshawar, Pakistan
Ph: +92-919217441
info@kpbte.edu.pk