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  "title": "PUNJAB TECHNICAL EDUCATION AND VOCATIONAL TRAINING AUTHORITY ACT 2010",
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  "text": "THE PUNJAB TECHNICAL EDUCATION AND VOCATIONAL \r\nTRAINING AUTHORITY ACT 2010 \r\n(X of 2010) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Incorporation \r\n4. Composition of the Authority \r\n5. Functions of the Authority \r\n6. Chairperson \r\n7. Chief Operating Officer \r\n8. Disqualifications \r\n9. Meetings \r\n10. Committees of Authority \r\n11. Delegation \r\n12. Technical Experts \r\n13. Staff \r\n14. Fund \r\n15. Budget \r\n16. Bank accounts \r\n17. Accounts \r\n18. Audit \r\n19. Annual report \r\n20. Appeal \r\n21. Public servants \r\n22. Indemnity \r\n23. Power to make rules \r\n24. Power to frame regulations \r\n25. Removal of difficulties \r\n26. Repeal, saving and succession \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB TECHNICAL EDUCATION AND VOCATIONAL TRAINING \r\nAUTHORITY ACT 2010 \r\n(X of 2010) \r\n[20th July, 2010] \r\nAn  \r\nAct \r\nto reorganize the Punjab Technical Education and Vocational Training Authority. \r\nPreamble.– Whereas it is expedient t o reorganize the Punjab Technical Education \r\nand Vocational Training Authority for proper provision of technical education in the \r\nProvince and to provide for ancillary matters; \r\n It is enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This A ct may be cited as the \r\nPunjab Technical Education and Vocational Training Authority Act 2010. \r\n (2) It shall extend to the whole of the Punjab. \r\n (3) It shall come into force at once. \r\n2. Definitions.– In this Act– \r\n(a) “Authority” means the Punjab Technical E ducation and Vocational \r\nTraining Authority; \r\n(b) “Chairperson” means the Chairperson of the Authority; \r\n(c) “Chief Operating Officer”  means the Chief Operating Officer of the \r\nAuthority; \r\n(d) “committee” means a Committee of the Authority; \r\n(e) “Fund” means the Punjab Technical Education and Vocational Training \r\nAuthority Fund; \r\n(f) “Government” means the Government of the Punjab; \r\n(g) “member” means a member of the Authority; \r\n(h) “prescribed” means prescribed by the rules or regulations; \r\n(i) “regulations” means regulations framed under the Act; \r\n(j) “rules” means rules made under the Act; \r\n(k) “technical education” means the form of education which prepares \r\nstudents for jobs that are based on manual or practical activities; and \r\n(l) “technical institution” means an in stitute, college or centre established \r\nor maintained by the Authority. \r\n                                                           \r\n1This Act was passed by the Punjab Assembly on 14 July 2010; assented to by the Governor of the Punjab on 19 July 2010; \r\nand, was published in the Punjab Gazette (Extraordinary), dated 20 July 2010, pages 197-202. \r\n3. Incorporation.– (1) The Government may establish an Authority to be called \r\nthe Punjab Technical Education and Vocational Training Authority.  \r\n (2) The Authority shall be a body corpo rate having perpetual succession \r\nand a common seal, with power to enter into agreement, acquire, hold, manage, and \r\ndispose of property, and to sue and be sued in its name. \r\n (3) The Authority shall not dispose of immovable property without prior \r\napproval of the Government and through public auction. \r\n (4) The principal office of the Authority shall be at Lahore, but the Authority \r\nmay establish its regional offices at such other places in the Punjab as it may \r\nconsider necessary for the accomplishment of the objectives of the Act. \r\n \r\n2\r\n[(5) Notwithstanding anything contained in this Act, the Authority may \r\ntransfer a technical institution to the Government or to a body or an authority, owned \r\nor controlled by the Government.] \r\n4. Composition of the Authority .– (1) The Authority shall consist of a \r\nChairperson, and not less than seven and not more than fifteen members \r\n3\r\n[including \r\nat least thirty three percent female members] to be appointed by the Government. \r\n (2) The Government shall nominate not less than three Secreta ries to the \r\nGovernment as ex-officio members of the Authority. \r\n (3) The Government shall appoint the members, other than ex-officio \r\nmembers, for a term not exceeding three years and determine the terms and \r\nconditions of such appointment. \r\n (4) The members shall serve during the pleasure of the Government. \r\n (5) A member, other than an ex-officio member, may resign from his office \r\nby a notice in writing to the Government and his seat shall fall vacant on the \r\nacceptance of the resignation. \r\n (6) A member shall n ot, directly or indirectly, receive any profit from his \r\nposition as the member except such fee, allowances and other expenses incurred by \r\nhim in the performance of his duties as may be prescribed.  \r\n (7) Notwithstanding anything contained in sub -section (1) , the Authority \r\nmay, with the prior approval of the Government, co-opt any other person as member. \r\n (8) The Chief Operating Officer shall be member -secretary of the \r\nAuthority. \r\n5. Functions of the Authority.– (1) The Authority may– \r\n(a) provide technical education as it may deem fit, and make provisions for \r\nresearch, service to the society and for the application, advancement and \r\ndissemination of technical education in all sectors of economy including \r\nindustry, commerce and trade, agriculture and livestock, a nd services \r\nsectors in such manner as it may determine; \r\n                                                           \r\n2Inserted by  Punjab Technical; Education and Vocational Training Author ity (Amendment) Act  2011(XII of 2011), \r\nw.e.f.2.5.2011, s.2; and published in the Punjab Gazette (Extraordinary), pages 38641-38642. \r\n3Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014), w.e.f. 12.3.2014, s.2 and the Schedule; and \r\npublished in the Punjab Gazette (Extraordinary), pages 2733-2744. \r\n(b) establish and maintain technical institutions, and regulate and \r\nadminister the institutions under the control of the Authority at the \r\ncommencement of the Act; \r\n(c) establish and support other facil ities for technical education, training \r\nincluding teachers’ pre-service and in-service training and research; \r\n4\r\n[(d)  * * * * * * * * * * *] \r\n(e) establish and maintain technical institutions for promoting innovation in \r\ntechnology adoption, and shall provide common facilitation centres and \r\ntraining the workforce in new technologies as per market demand; \r\n5\r\n[(f) * * * * * * * * * * *] \r\n(g) prescribe the terms and conditions of employment of the officers, \r\nteachers and other employees of the Authority; \r\n(h) take ini tiatives for placement of trainees or graduates and provide \r\ncareer counselling and job search services to the students and alumni; \r\n(i) maintain linkages with alumni; \r\n6\r\n[(j) * * * * * * * * * * *] \r\n(k) take initiatives for welfare of its employees in any mann er it deems \r\nappropriate; \r\n(l) provide and support the academic development of the faculty of the \r\ntechnical institutions; \r\n(m) institute and award financial assistance to students in need, \r\nfellowships, scholarships, bursaries, medals and prizes in the \r\nprescribed manner; \r\n(n) provide for the residence of the students, establish and maintain halls \r\nof residence \r\n7\r\n[* * *], lodging or boarding place; \r\n(o) maintain order, discipline and security in the technical institutions; \r\n(p) promote the extracurricular and recreat ional activities of the students \r\nand make arrangements for promoting health and general welfare of \r\nthe students; \r\n(q) demand and receive such fees and other charges as it may determine; \r\nand \r\n(r) perform such other functions as may be ancillary, or as may be \r\nprescribed by the rules or as may be assigned by the Government. \r\n \r\n8\r\n[(2)  * * * * * * * * * * *   ] \r\n                                                           \r\n4Omitted by the Punjab Technical Education and Vocational Training Authority (Amendment) Act 2019 (VII of 2019), published \r\nin the Punjab Gazette (Extraordinary), dated: 01 March 2019, pp. 2051, s.2. \r\n5Omitted by the Punjab Technical Education and Vocational Training Authority (Amendment) Act 2019 (VII of 2019), published \r\nin the Punjab Gazette (Extraordinary), dated: 01 March 2019, pp. 2051, s.2. \r\n6Omitted by the Punjab Technical Education and Vocational Training Authority (Amendment) Act 2019 (VII of 2019), published \r\nin the Punjab Gazette (Extraordinary), dated: 01 March 2019, pp. 2051, s.2. \r\n7Omitted by the Punjab Technical Education and Vocational Training Authority (Amendment) Act 2019 (VII of 201 9), published \r\nin the Punjab Gazette (Extraordinary), dated: 01 March 2019, pp. 2051, s.2. \r\n6. Chairperson.– (1) The Government shall appoint a Chairperson for a period \r\nnot exceeding five years on such terms and conditions as the Government may \r\ndetermine. \r\n (2) The Chairperson shall hold office during the pleasure of the \r\nGovernment but shall not be removed without notice and opportunity of hearing. \r\n (3) The Chairperson may resign his office subject to one month prior \r\nnotice in writing to the Governmen t or on payment of one month’s pay in lieu of the \r\nnotice. \r\n (4) The Chairperson– \r\n(a) shall be the Chief Executive of the Authority and shall be responsible \r\nfor the management, administration and day to day affairs of the \r\nAuthority; and \r\n(b) shall exercise su ch powers as are assigned under the Act or are \r\ndelegated by the Authority or as may be prescribed.  \r\n (5) The Chairperson may delegate any of his powers under the Act to any \r\nofficer of the Authority. \r\n7. Chief Operating Officer .– (1) The Government shall app oint a Chief \r\nOperating Officer of the Authority for a period not exceeding three years on such \r\nterms and conditions as the Government may determine. \r\n (2) The Chief Operating Officer shall hold office during the pleasure of the \r\nGovernment but shall not be removed without notice and opportunity of hearing. \r\n (3) Notwithstanding the expiration of the term, the Chief Operating Officer \r\nshall continue to hold office on the same terms and conditions for a period of three \r\nmonths or till his successor enters upon office, whichever is earlier. \r\n (4) The Chief Operating Officer may resign his office subject to one \r\nmonth’s prior notice in writing to the Government or on payment of one month’s pay \r\nin lieu of the notice. \r\n (5) The Chief Operating Officer shall– \r\n(a) perform such functions as are assigned to him under the Act; and \r\n(b) exercise such powers as are delegated by the Authority or as may be \r\nprescribed. \r\n8. Disqualifications.– No person shall be appointed or shall continue as the \r\nChairperson, Chief Operating Officer, or member, if he– \r\n(a) has been convicted of an offence involving moral turpitude; or  \r\n(b) has been found guilty of misconduct; or  \r\n(c) has been declared to be of unsound mind by a competent court; or  \r\n(d) has been or is adjudged as un-discharged insolvent; or  \r\n                                                                                                                                                                             \r\n8Omitted by the Punjab Technical Education and Vocational Training Authority (Amendment) Act 2016 (IX of 201 6), w.e.f. \r\n17.02.2016, s.2; and published in the Punjab Gazette (Extraordinary), page 3907. \r\n(e) is incapable of discharging his duties by reason of physical or mental \r\ninfirmity and has been so declared by a Special Medical Board \r\nappointed by the Government; or  \r\n(f) is an employee or member of the staff of the Authority other than the \r\nChairperson, and the Chief Operating Officer; or \r\n(g) fails to disclose to the Authority any conflict of interest with the \r\nAuthority within three days of his knowledge of the conflict of interest; \r\nor \r\n(h) stands disqualified by the order of a court to hold any public office; or \r\n(i) has been dismissed from the service of Pakistan or service of any \r\nProvincial Government or a body or authority under a Provincial or \r\nFederal Government; or \r\n(j) fails to attend more than three consecutive meetings of the Authority \r\nwithout leave. \r\n9. Meetings.– (1) The Authority shall regulate the procedure for its meetings. \r\n (2) A meeting of the Authority shall be held at such time and place as the \r\nChairperson or the majority of members may determine. \r\n (3) Members shall have reasonable notice  of the time and place of the \r\nmeeting and the matters on which a decision by the Authority shall be taken in such \r\na meeting. \r\n (4) The Chairperson shall preside over a meeting of the Authority; and, in \r\nthe absence of the Chairperson, the members present in the meeting may select an \r\nacting Chairperson for the meeting.  \r\n (5) Five members, including the Chairperson or the acting Chairperson, \r\nshall constitute the quorum for a meeting of the Authority. \r\n (6) The Authority shall take decisions by the majority of it s members \r\npresent and voting, and in case of a tie, the person presiding the meeting shall have \r\na casting vote. \r\n (7) The Authority shall cause minutes to be kept of proceedings of every \r\nmeeting of the Authority and of every meeting of a committee establish ed by the \r\nAuthority. \r\n (8) The Chief Operating Officer shall maintain a complete record of the \r\nminutes and the decisions of the Authority in the prescribed manner. \r\n (9) The proceedings of a meeting of the Authority shall not be invalid \r\nmerely on account of any vacancy or defect in the constitution of the Authority. \r\n10. Committees of Authority .– The Authority may constitute committees of its \r\nmembers and entrust them such functions and powers as it may deem fit. \r\n11. Delegation.– The Authority may, subject to s uch conditions and limitations as \r\nit may deem fit to impose, delegate any of its powers or functions to the Chairperson, \r\nChief Operating Officer , a committee, or one or more members, except the power \r\nto– \r\n(a) frame, amend or repeal regulations;  \r\n(b) constitute a committee or fill a vacancy in a committee;  \r\n(c) take policy decisions; and \r\n(d) approve the annual budget, audited accounts and the annual reports. \r\n12. Technical Experts .– The Authority or any of its committees may invite any \r\ntechnical expert or other person possessing specialized knowledge of any subject or \r\nthe representative of a Government institution for assistance in the performance of \r\nits functions. \r\n13. Staff.– (1) The Authority may employ such persons as may be necessary for \r\nthe efficient perfo rmance of its functions in such manner and on such terms and \r\nconditions as may be prescribed. \r\n (2) The employees of the Authority shall hold office during the pleasure of \r\nthe Authority and shall, subject to notice and opportunity of hearing, be liable to such \r\ndisciplinary action as may be prescribed. \r\n (3) The Authority may, in the manner prescribed, absorb in its service an \r\nemployee who is on deputation with the Authority, subject to the consent of the \r\nemployee and prior approval of the Government or the employer. \r\n (4) The terms and conditions of service of an employee, on absorption, \r\nshall not be less favourable than those admissible to the employee immediately \r\nbefore his absorption in the service of the Authority.  \r\n (5) The Authority shall, through adoptio n of policies of hiring freeze, \r\nreassignment restructuring of institutions, non -replacement of employees retiring \r\nupon attainment of age of superannuation and providing incentives for early \r\nretirement, bring the number of its employees in conformity with t he requirements of \r\nthe Authority. \r\n (6) The terms and condition of service of the employees on deputation with \r\nthe Authority shall be such as may be prescribed. \r\n14. Fund.– (1) There shall be established a Fund to be known as the Punjab \r\nTechnical Education a nd Vocational Training Authority Fund which shall be \r\nadministered and controlled by the Authority.  \r\n (2) The Fund shall consist of– \r\n(a) budgetary releases from the Government; \r\n(b) grants, other than budgetary releases, from the Government; \r\n(c) grants from the Federal Government;  \r\n(d) donations or grants from any person, local, national or international \r\norganization or agency; and \r\n(e) fees, charges, fines, confiscations, shares in profits, donations and \r\ngifts. \r\n15. Budget.– The Chairperson shall prepare annua l budget comprising the likely \r\nincome and expenditures for the ensuing financial year and submit it to the Authority \r\nfor approval in the form and manner as may be prescribed. \r\n16. Bank accounts.– The Authority may open and maintain its accounts at such \r\nscheduled banks as it may determine. \r\n17. Accounts.– (1) The Authority shall maintain proper accounts and other records \r\nrelating to its financial affairs including its income and expenditures and its assets and \r\nliabilities in such form and manner as may be prescribed. \r\n (2) As soon as may be, after the end of each financial year, the Authority, \r\nin the manner prescribed, shall cause to be prepared for that financial year \r\nstatements of account of the Authority which shall include a balance -sheet and an \r\naccount of income and expenditure. \r\n18. Audit.– (1) The Auditor General of Pakistan shall annually audit the accounts \r\nof the Authority. \r\n (2) The Government, in addition to the audit under sub -section (1), may \r\ncause the annual accounts of the Authority audited, in the p rescribed manner, by a \r\nChartered Accountant or a firm of Chartered Accountants selected from the list, \r\napproved by the State Bank of Pakistan. \r\n19. Annual report.– (1) The Authority shall, within three months of the close of a \r\nfinancial year, submit to the Government an annual report. \r\n (2) The report shall consist of– \r\n(a) the statement of accounts under section 17 of this Act; \r\n(b) a comprehensive statement of the work and activities of the Authority \r\nduring the preceding financial year; and  \r\n(c) such other ma tters as may be prescribed and as the Authority may \r\nconsider appropriate.  \r\n (3) The Government shall, within two months of receiving the report from \r\nthe Authority, shall give notice for laying the report in the Provincial Assembly of the \r\nPunjab, and shall lay the report before the Assembly in its first available session. \r\n20. Appeal.– A person aggrieved by an order of the Authority may, within thirty \r\ndays of the communication of the order, prefer an appeal to the Government whose \r\ndecision shall be final. \r\n21. Public servants .– The Chairperson, Chief Operating Officer , members, \r\nofficers, employees and other persons authorized to perform or exercise any function \r\nor power under this Act, or rendering services to the Authority as agents, advisors or \r\nconsultants, shall be deemed to be public servants within the meanings of section 21 \r\nof the Pakistan Penal Code 1860 (XLV of 1860). \r\n22. Indemnity.– All acts done, orders passed or proceedings taken by the \r\nAuthority in good faith, shall be final and shall not be called i n question in any court \r\nby a suit or otherwise. \r\n23. Power to make rules .– The Government may, by notification, make rules for \r\ncarrying out the purposes of this Act.  \r\n24. Power to frame regulations.– Subject to this Act and the rules, the Authority \r\nmay frame regulations for the efficient performance of its functions under the Act. \r\n25. Removal of difficulties .– If any difficulty arises in giving effect to any \r\nprovision of this Act, the Government may make such order as may be necessary for \r\nremoving the difficulty. \r\n26. Repeal, saving and succession .– (1) The Punjab Technical Education and \r\nVocational Training Authority Ordinance 1999 (XLV of 1999) is hereby repealed. \r\n (2) Notwithstanding the repeal of the Ordinance XLV of 1999– \r\n(a) any action taken or order or a ppointment made under the repealed \r\nOrdinance shall be deemed to have been taken or made under this \r\nAct; \r\n(b) all rights, properties, assets or liabilities of the Punjab Technical \r\nEducation and Vocational Training Authority established under the \r\nrepealed Ordinance shall stand transferred to the Authority;  \r\n(c) all employees of the Punjab Technical Education and Vocational \r\nTraining Authority established under the repealed Ordinance shall be \r\ndeemed to be the employees of the Authority; and \r\n(d) the employees of the Government, transferred to the Punjab Technical \r\nEducation and Vocational Training Authority under the repealed \r\nOrdinance, shall continue to be the employees of the Government \r\nunless absorbed in the service of the Authority.",
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