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Chaitra 23, 1936, at 02:00:21 PM
The Balochistan
Technical Education and Vocational Training Authority Act, 2011
ACT No. II OF 2011
BALOCHISTAN PROVINCIAL ASSEMBLY SECRETARIAT
NOTIFICATION
Dated
No.PAB/Legis: V (02)/2011. Having been
passed the Balochistan Technical Education and Vocational Training Authority
bill No.2 of 2011, by the Provincial Assembly of Balochistan on 18th
March, 2011 and assented to by the Governor, Balochistan on 24th
March, 2011 is hereby published as an Act of the Balochistan Provincial
Assembly.
(First
published after having received the assent of the Governor Balochistan in the
Balochistan Gazette (Extra-ordinary) dated 24th March, 2011.
ANACT
to provide for establishment of Technical Education and Vocational
Training Authority and for matters connected therewith or ancillary thereto.
Preamble.- WHEREAS it is expedient to provide for
establishment of Balochistan Technical Education and Vocational Training
Authority to regulate and promote vocational training and technical education
facilities in various disciplines, trades and technologies and to provide for
financing of training programmes and for matters ancillary or incidental thereto;
It is hereby
enacted as follows:---
1. Short
title, extent and Commencement.-
(1) This Act may be called the Balochistan Technical Education and Vocational Training
Authority Act, 2011.
(2) It extends to the whole of Balochistan
except the Tribal Areas.
(3) It shall come into force at once and shall
be deemed to have taken effect on the 30th October, 2009.
(4) It shall apply to all establishments,
institutes and centre engaged in imparting vocational training and technical
education.
2. Definitions.-
In this Act, unless there is anything repugnant in the subject or context,---
(a)
“Apprenticeship
Training Programme” means Apprenticeship Training Programme established by the
Directorate of Manpower Training (Apprenticeship and on the job training
programme in the local industries under Apprenticeship Ordinance, 1962);
(b)
“Authority”
means Balochistan Technical Education and Vocational Training Authority
(c)
“Committee”
means committee constituted under section 9 of this Act;
(d)
“Department”
means the Labour & Manpower Department;
(e)
“Directorate
of Manpower Training” means Directorate of Manpower Training dealing with
Vocational, Technical Training and apprenticeship training programme;
(f)
“Directorate
of Technical Education” means Directorate of Technical Education dealing with
mono polytechnic, polytechnic and college of technology /commercial;
(g)
“Employment
Exchange” means Employment Exchanges established by the Directorate of Manpower
Training ;
(h)
“Establishment”
means any office, firm, industrial unit, undertaking, shop, mine or premises in
which workmen are employed for the purpose of carrying on any industry;
(i)
“Industry”
means any business, trade, manufacture, calling, service, employment or
occupation;
(j)
“Institution”
means a school, college, institute or centre by whatever name called, imparting
vocational training and technical education;
(k)
“Monitoring
and Evaluation Cell” means Monitoring and Evaluation Cell established by the
Directorate of Manpower Training;
(l)
“NAVTEC”
means National Vocational and Technical Education Commission; constituted vide
Cabinet Division’s Notification No.4-16/2005-Min-1, dated 30th
December, 2005.
(m)
“Vocational
Training/Technical Training” means training in any physical and professional
skill, trade, technology, calling or occupation.
(n)
“Women
Training and Employment Cell” means Women Training & Employment Cell
established by the Directorate of Manpower Training.
(o)
“Prescribed”
means prescribed by rules & regulations made under this Act;
(p)
“Government”
means the Government of Balochistan;
(q)
“Centre
Management Committees (CMC’s)” means the
Committees constituted for the management of Vocational Training Centre’s
(VTC’s and Technical Training Centre’s (TTC’s); and
(r)
“Institute
Management Committees (IMC’s)” means the Committees constituted for the
management of Polytechnic /
3.
Incorporation.- (1) The Government may establish an Authority to be
called the Technical Education and Vocational Training Authority of Balochistan
(2) The Authority shall be a body corporate
by the name of “the Technical Education and Vocational Training Authority,
Balochistan" and shall have perpetual succession and a common seal, and
may sue and be sued by the said name.
(3) The Authority shall be competent to
acquire and hold property, both movable and immovable, and to lease, sell or
otherwise transfer any movable and immovable property which may have become
vested in or been acquired by it.
4. Constitution
of the Authority.- (1) The Authority
shall consist of the following members namely:---
Official Members
(a)
Chief
Minister Balochistan -- Chairman
(b)
Minister
Labour and Manpower -- Vice
Chairman
(c)
Chief
Secretary -- Member
(d)
Additional
Chief Secretary (Dev:) -- Member
(e)
Special Secretary to Chief Minister Member
(f)
Secretary
Labour and -- Member/
& Manpower
Dept. Secretary
(g)
Secretary
Education -- Member
(h)
Secretary
Industries -- Member
(i)
Secretary
Finance -- Member
(j)
Secretary
Social Welfare -- Member
(k)
Director,
Manpower Training -- Member
(l)
Director,
Technical Education -- Member
(m)
Managing
Director LIEDA -- Member
(n)
Managing
Director, -- Member Gwadar Industrial Estate.
Non-Official Members
(o)
President,
Chamber of Commerce, -- Member Hub
(p)
President,
Chamber of Commerce, -- Member
(q)
Two
Workers (Trade Union) -- Member
(2) The
Authority may Co-opt any person as a member of the Authority.
(3) Non-official
Members of the Authority shall be appointed by the Government on the recommendations
of the Director Labour Welfare for a period of three years.
5. Function
of the Authority.- (1) The functions
of the Authority shall be to:---
(a) devise and review
policies in the light of guidelines issued by the Commission (NAVTEC) to evolve
strategy for developing technical education, vocational training and employment
in general;
(b) collaborate with
the sources of labour market information as determined from a survey of
establishments with a view to assessing on a continuing basis existing and
future training needs, both local and foreign;
(c) systematically
study existing training programmes with respect to their relevance, duration
and size and recommend desirable measures in the light of study;
(d) establish
criteria for evaluating and determining training programmes and facilities;
(e) develop training
syllabi/curricula and establish/specify national training standards and trade
tests without prejudice to any existing
programmes being implemented by the Government under an agreement with a
foreign Government;
(f) strengthen and
upgrade the existing Trade Testing Board functioning under the aegis of Labour
& Manpower Department for issuing of trade proficiency Certificates and
Diplomas;
(g) supervise such
training programmes as are funded from the Federal and provincial budget;
(h) prescribe
conditions under which institutions in the public and private secretor may be
established and operated;
(i) prepare training
plans programmes and projects in view of national and international labour
market requirements and submit the same for approval of the competent forum;
(j) recommend to the
appropriate forum means for financing training programmes;
(k) promote and finance
training of establishment-based or institution-based training of officials and
instructors;
(l) organize and
conduct seminars and workshops for various types of personnel associated with
training activities;
(m) collect and
compile statistics related to vocational training and technical education;
(n) arrange regular
training programme and refresher courses for instructional Staff to up-date their knowledge and skill within
the country and abroad;
(o) review existing
and proposed legislation on vocational training and technical education and
recommend necessary legislation;
(p) issue directives
to establishments or institutions for compliance within the framework of the
approved plans and projects;
(q) introduce joint
venture schemes with retired professionals and highly skilled personnel for the
promotion of micro and cottage industries and establishments;
(r) motivate and
facilitate private sector for establishing vocational training and technical
education institutions;
(s) issue Excellence
Awards with financial rewards to the instructors and trainees for their
outstanding performance which shall be not less than Rs.10,000/- and Rs.5,000
respectively; and
(t) do all other acts
necessary for carrying out the purposes of this Act.
(2) The Authority would provide overall
umbrella management, policy planning / guidance technical and financial
assistance to upgrade and strengthen the existing Technical Education and
Vocational Training System in Balochistan, while the concerned Administrative
Departments would continue their activities as usual i.e. Technical Education
and Vocational Training.
(3) The Authority will exercise its powers
through Secretary to conduct its day to day administration and to coordinate
with all concerned.
B-TEVTA.
6. Function of the Secretary.- (1) The Secretary the Balochistan Technical
Education and Vocational Training Authority (BTEVTA) shall provide secretarial services to the Authority and shall:---
(a) publish an annual
forecast of provincial skilled manpower / technicians requirements;
(b) identify and
inspect vocational training and technical education schemes;
(c) maintain a
directory of approved schemes;
(d) ensure uniformity
of technical / vocational training and technical education standards;
(e) propose
development schemes to the Authority;
(f) supplement or
provide advisory services to establishments offering vocational training and
technical education;
(g) prepare an annual
provincial training matrix in the light of TNA for meeting skilled
manpower/technicians requirements;
(h) regulate
affiliation of establishments and institutions both public and private,
imparting vocational training and technical education;
(i) issue regulations
for licensing provincial establishments and institutions;
(j) conduct trade
tests and certify the skilled persons and trainers who have received vocational
training through any source or acquired the skill through experience or
informal system;
(k) arrange staff
training programme regularly in the existing Staff Training Institute Quetta;
(l) develop mechanism
to establish link of staff training
programme with local industries;
(m) affiliate public
and private institutes with TTB for final trade test and certification thereof;
(n) register
graduates, professionals, semi-skilled and skilled workers, TTC/VTC pass outs,
Polytechnic graduates male & female with Employment Exchanges;
(o) set up of
Regional offices of the Authority if deemed necessary;
(p) establish data
bank on job opportunities available in private and public sector and shall
control regional offices through E.Es to facilitate the job seekers;
(q) strengthen the
existing ATP under Apprenticeship Training Ordinance 1962;
(r) strengthen
existing internship training programme in collaboration with public and private
sector;
(s) establish “Trade
Advisory Committees” to up date the existing training manuals in the light of
prevailing labour market requirements;
(t) conduct Training
Need Assessment Survey and tracer studies on regular basis within province and
develop mechanism to promote overseas employment in consultation with the
Commission (NAVTEC);
(u) to coordinate with all Institutions imparting Vocational Training and
Technical Education in Balochistan;
(v) arrange ISO
certification for the diplomas and certificates issued by the Authority;
(w) maintain data
bank of school drop outs and nemployed educated youth;
(x) establish a
mechanism for self employment of the pass outs of Vocational Training Centres,
Technical Training Centres and Polytechnic graduates;
(y) work out means to
provide higher education opportunities to the pass outs of TEVT institutions;
(z) arrange
vocational training in DeeniMadaris,
Rehabilitation Centers for drug addicts, Districtand Central Jails;
(aa) establish
“Centres of Excellence” (Hi-tech training centres to meet the skilled manpower
requirements of upcoming automation industries);
(bb) arrange rural
apprenticeship training programmes to give boost to the traditional trades;
(cc) establish mobile
training units;
(dd) establish display
centres on Tehsil levels for traditional products with participation of local
community for encouragement and financial assistance of local artisans and
craftsman;
(ee) negotiate with
donor agencies willing to provide technical and financial assistance for
provision of grants and loan, in consultation with the Commission (NAVTEC); and
(ff) prepare annual
budget and make its utilization as per provisions of Financial Rules, by
fulfilling all codal formalities.
7. Powers
and functions of the Chairman.- The Chairman of the Authority shall be the
Chief Executive of the Authority and shall:---
(a)
take
measures, including the allocation of funds on yearly basis, for training
activities, scholarships and stipends for trainees and training of teachers /
instructional staff within country and
abroad;
(b)
establish
an endowment fund for technical education and vocational training with contributions
from Government as well as non Governmental resources;
(c)
allocate
funds for infrastructure development, training of faculty as an incentive to
improve quality of vocational training and technical education;
(d)
set
up such administrative and technical committees, working groups, skill
development council, trade testing board or other such bodies and entrust them
such functions as he may consider necessary;
(e)
regulate
quality control for implementation of skills standards, syllabus, trade testing
and certification of technical and vocational training institutions;
(f)
advise
the Authority for grant of diplomas / certificates for the courses conducted by
the private technical education and vocational training institutions affiliated
with the Balochistan Technical Education and Vocational Training Authority
(BTEVTA);
(g)
determine
equivalence and recognition of diplomas, certificates awarded by institutions
within the country in consultation with the Commission (NAVTEC);
(h)
approve
policies, plans, programme of the Authority;
(i)
approve
projects up to a ceiling of Rs. 40 million;
(j)
maydelegate
any of its powers, duties or functions to any member or any officers as the
case may be; and
8. Delegation
of Powers.- The Authority maydelegate all or any of its powers, duties or
functions to any member or any of its officers as the case may be.
9. Committees.-
The Authority may set up as many committees i.e. Centre Management
Committees and Institute Management Committees in the Balochistan Technical
Education and Vocational Training Authority (BTEVTA) institutions, working
groups as may be required to effectively perform its functions.
10. Funds.
- (1) The Government shall provide funds
to the Authority for meeting all expenses required for discharging its
functions.
(2) The Government may provide annual grants
to the Authority for carrying out its functions.
(3) All receipts of the Commission from any
source whatsoever shall be credited to a fund to be called B-TEVTA Fund and
shall vest in the Authority with powers to manage and operate.
(4) The mechanism for operation of the Fund
shall be prescribed by the Authority.
11. Submission
of Reports.- The Authority shall submit an annual report to the Government
and the Commission (NAVTEC), in respect of its activities or as and when
required by the Government.
12. Audit
and Accounts.- (1) The Authority shall maintain its accounts of receipts
and expenditure in such manner and in such form as may be prescribed by the
Controller General of Accounts.
(2) The accounts of the Authority shall be
audited by the Director Audit Balochistan or any officer authorized by him in
such manner as the Director General Audit may think fit.
(3) The Authority may also get its accounts
audited by a Chartered Accountant firm to be appointed with the approval of
Government.
(4) The Director General Audit shall, soon
after the completion of audit, submit the audit report on the accounts of Authority
to the Board under intimation to the Government and the Commission (NAVTEC).
13. Employees
of the Authority to be Public Servants.- Every employee of the Authority
and every person acting or purporting to act under this Act and the rules and
regulations made there under, shall be deemed to be a public servant within the
meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860).
14. Indemnity.-
No suit, prosecution or other legal proceedings shall lie against any person
exercising the powers or for anything in good faith or intended to be done
under this Act.
15. Powers
to make rules.- The Authority, with the approval of the Government may make
rules for carrying out the purpose of this Act. However, till the formulation /
adoption of rules of business, service rules, recruitment rules etc. the
existing rules will remain in practice.
16. Power
to make regulations.- The Authority may, with the approval of the
Government, make the rules regulations, not inconsistent with this Act and, for
carrying out the purposes of this Act.
17. Removal
of difficulties.- If any difficulty arises in giving effect to any of the
provisions of this Act, the Government may make such order, not inconsistent
with the provisions of this Act, for removing the difficulty.
18. Act
to override other laws.- The provision of this Act shall have effect
notwithstanding anything to the contrary contained in any other law for the
time being in force.
19. Repeal
and Savings.- On the commencement of this Act:---
(1) The Balochistan Board of Technical
Education Ordinance, 1962 (W.P Ordinance XXXIX 1962), is hereby repealed.
(2) All assets liabilities,
members, staff, buildings of the Institutions defined in section 2(j) shall
become assets, liabilities, members, staff and building of the Authority
established under this Act.
20. Employees
of the Authority. - (1) The Authority may, subject to general or special
orders, as the Government may give to it from time to time and subject to such
rules as may be made in this behalf, create posts appoint such officers,
advisers, consultants and employees as it considers necessary for the efficient
performance of its function on such terms and conditions as may be prescribed.
The Authority shall make rules for the recruitment of its employees.
(2) The services of the existing employees of
the Institution or offices taken over by the Authority shall be transferred to
the Authority on such terms and conditions which shall not be less favorable
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 and may 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 or freeze, reassignment, restructuring of institutions,
non-replacement of employees retiring upon attainment of age superannuation and
providing incentives for early retirement and bring the number of its employees
in conformity with the requirements of the Authority.
(5) The Government shall in accordance to the
relevant rules contribute to the pension gratuity and final payment of
provident fund and other similar payments of the employees of the Institution
or Offices who become the employees of the Authority under sub-section (2) for
the period they served the Government.
(6) The Authority is competent to revise and
up-grade any or all pay scales and posts of its employees.
21. Power
to exempt.- The Government may by a notification issued in the official
Gazette, exempt either conditionally or unconditionally any establishment or
class of establishments or any institution imparting vocational training and
technical education from all or any of the provisions of this Act.
Secretary,
Balochistan Provincial Assembly
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