Updated: Friday December 26, 2014/AlJumaa
Rabi' Awwal 05, 1436/Sukravara
Pausa 05, 1936, at 10:16:09 PM
The Kashmir Institute of Management Act, 2014
[Act I of 2014]
No. LD/Legis/1-12/2014 The following Act of Assembly
received the assent of the President on 09th day of January, 2014,
is hereby published for general information.
An
Act
to provide for the establishment of the Kashmir
Institute of Management
Whereas it
is expedient to provide for the establishment of the
It is hereby enacted as follows:---
1. Short title and Commencement.- (1) This Act may be called the Kashmir
Institute of Management Act, 2014.
(2) It shall come into force at once and shall be
deemed to have taken effect from 23.09.2013.
2. Definitions.-In this Act, unless there is anything repugnant in the
subject or context,-
(a) ”Board” means the Board of Governors of the
Kashmir Institute of Management;
(b) ”Chairman” means the Chairman of the Board;
(c) ”Member” means a member of the Board and
includes the Chairman;
(d) ”Prescribed” means prescribed by Rules or
Regulations made under this Act;
(e) ”Director General” means the Director General
(DG) Kashmir Institute of Management;
(f) ”Institute” means the Kashmir Institute
of Management established under this Act; and
(g) ”Government” means the Azad Government of the
State of
3. Establishment of the Institute.-(1) The Government shall by a notification in the
official Gazette, establish an Institute to be called the Kashmir Institute of
Management (KIM) whose headquarter shall be at Muzaffarabad.
(2) The Institute shall be autonomous body having
perpetual succession and a common seal, with power to acquire, hold and dispose
of property and shall, by the said name, sue and be sued.
(3) The Institute shall be a Special Institution
with the Services and General Administration Department for the purposes of
Rules of Business, 1985.
4. Functions of the Institute.-The functions of the Institute shall be:---
(a) to provide for instruction, tuition,
training, research, demonstration and service in such branches and disciplines
of public administrations, public policy, law, economics, finance, management
science and any other relevant discipline as the Board may, from time to time
determine;
(b) to introduce, suspend or abolish any of the
disciplines or to establish and support other facilities for education,
training and research;
(c) to formulate and prescribe courses of study
and training;
(d) to determine teaching methods and strategies
as well as co-curricular activities in order to ensure the most effective
educational and other related programmes;
(e) to design and organize training courses,
workshops and such other activities in the relevant fields;
(f) to provide for pre-service and in-service
training;
(g) to undertake research, consultancy and
advisory services;
(h) to prescribe criteria and conditions of
admission and examination of trainees/participants of various courses;
(i) to admit and examine trainees/participants
and to determine and charge fees and other charges;
(j) to develop standards, conduct examinations
and to award degrees, diplomas, certificates and other academic distinctions to
persons who have been admitted to and have passed its examinations under
prescribed conditions;
(k) to serve as a research Institute for the
Government on matter of public policy and to advise the Government on such
policy matters as may be referred to it; and
(l) to do such other acts and things, as may be
considered necessary in order to promote the objectives of the Institute under
this Act.
5. Board of Governors.-(1) The overall supervision and administration of the
affairs of the Institute shall vest in the Board.
(2) The Board shall consist of the following
members, namely:---
|
(a) |
The Chief Secretary of the Government |
Chairman |
|
(b) |
Secretary Services and General Administration
Department |
Member |
|
(c) |
Secretary Finance Department |
Member |
|
(d) |
An eminent stake holder in public policy from Private sector to be nominated by the Government |
Member |
|
(e) |
Director General (DG)of the Institute |
Member/Secretary |
(3) The Director General shall be ex-officio Secretary
of the Board.
(4) The Members, other than an ex-officio shall
hold office for a term of 05 years but, any such Member may again be nominated
as Member of the Board.
(5) A Member other than an ex officio Member, may
resign from his office by writing under his hand address to the Chief Secretary
of the Government.
6. Removal from office.-(1) A Member other than ex officio Member, shall
not be removed from office during the term of his office.
(2) If there are grounds to proceed against a
Member including the DG under sub-section (1), the Chief Secretary, in
consultation with the Law Department, shall appoint inquiry committee to
enquire into the matter.
(3) If after inquiring into the matter, the
committee report to the Chief Secretary that it is of the opinion that the
Member has been guilty of misconduct or is incapable of properly performing the
duty of his office by reason of physical or mental incapacity, the Chairman may
remove that Member from the office.
7. Powers and functions of the Board.- Without prejudice to the generality of the provision
of sub-section (1) of Section 5, the powers and functions of the Board shall be
to:---
(a) appoint officers, consultants, staff and
employees;
(b) enter into arrangements with other
universities and institutions;
(c) declare any training institution administered
and funded by the Government as a constituent unit;
(d) receive any prosperity, grant , bequest,
trust, gift donation, endowment and other contributions;
(e) invest any fund, grant, bequest, trust, gift,
donation, endowment and other contributions; and
(f) do all such acts and things whether
incidental to the aforesaid powers or not as may be requisited for the
furtherance of the objectives and functions of the Institute.
8. Business of the Board.-(1) The meetings and business of the Board shall be
conducted in such manner and in accordance with such procedure as may be
Prescribed and until these matters are Prescribed, as may be determined by the
Board.
(2) No act or proceeding of the Board shall be
invalid by reason only of the existence of a vacancy in or defect in the
constitution of the Board.
9. The Director General.-(1) The Government shall appoint the DG on the
recommendation of Board on such terms and conditions as it may determine.
(2) The DG shall be the Chief Executive Officer
of the Institute and shall,---
(a) be appointed for a term not exceeding three
years at a time;
(b) be a whole time officer of the Institute and
shall serve during the pleasure of the Board; and
(c) perform such functions and exercise such
powers as may be prescribed, or as may be assigned or delegated by the Board.
10. Committees.-The Board may constitute such committees as it may
deem necessary for carrying out the purposes of this Act.
11. Appointments.- (1) The Board may, subject to sub-section (2)
appoint such officers, consultants, staff and employees, as it may consider
necessary for the performance of its functions, on such term and conditions, as
may be prescribed.
(2) The Board shall, by regulations, lay down the
qualifications and procedure for appointment of officers, consultants, staff
and employees, and the terms and conditions of their service.
12. Institute Fund.-(1) There shall be a fund to be known as the Institute
Fund, which shall vest in the Board and to which shall be credited all sums
received by or on behalf of the Institute.
(2) The fund shall be kept in such custody and be
regulated and utilized in such manner as may be Prescribed.
13. Endowment Fund.-(1) The Government shall create an “Endowment
Fund” for the Institute.
(2) The Endowment Fund shall be separate from the
Institute Fund and shall be kept in such custody and shall be utilized and
regulated in such a manner as may be Prescribed.
14. Budget, Audit and Accounts.-The Budget of the Institute shall be approved and its
accounts shall be maintained and audited in such a
manner as may be Prescribed.
15. Annual report.-(1) The Institute shall, not later than 15th day of
February, in each year, prepare a report regarding its performance during the
preceding year ending on 31st day of December and submit the report to the
Government.
(2) The report shall be prepared in such a manner, and
shall contain such information, as may be Prescribed.
(3) The Government shall cause a copy of the report to
be laid before the Azad Jammu and Kashmir Legislative Assembly.
(4) Notwithstanding anything contained in sub-section
(1), the Institute shall also provide to the Government any other report,
return, statement, estimate, statistics or such other information, as may be
required by the Government.
16. Delegation of Powers.-The Board may, subject to such conditions as it may
deem fit to impose, delegate to any officer, committee or authority any of its
powers, duties or functions.
17. Powers to make rules.- The Government may, by a notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
18. Power to make Regulations.-(1) The Board may, by a notification in the Official
Gazette, make regulations, for carrying out the purposes of this Act.
(2) In particular and without prejudice to the
foregoing provision such regulation may provide for,---
(a) conduct of meetings and business by the
Board;
(b) custody, regulation and utilization of the
Endowment Fund;
(c) preparation of budget, maintenane of accounts
and its audit;
(d) matters relating to the annual report; and
(e) any other matter which may be prescribed.
19. Savings.- Upon the commencement of this Act, notwithstanding
anything contained in any other law for the time being in force or in any
regulation, resolution, agreement, contract or other instrument:---
(a) The Kashmir Institute of Public
Administration shall stand merged in the Institute.
(b) All funds, assets and properties, rights and
interests, and all books of accounts, registers, records and all other
documents of whatever nature relating thereto, of the said training
organization, shall stand transferred to and vested in the Institute.
(c) All debts and liabilities incurred, all
contracts entered into, and all matters and things engaged to be done by, with
or for the said training organization before the establishment of the
Institute, shall be deemed to have been incurred, entered into, engaged and
done by, with or for the Institute.
(d) All suits, prosecutions and all other legal
proceedings instituted by or against the said organization shall be deemed to
have been instituted by or against the Institute and may be continued or
proceeded accordingly.
(e) Every person serving in connection with the
affairs of the said training organization including employees serving on
deputation from other organizations but excluding persons working in the said
training Organization by transfer from the other departments or on deputation
from other departments, shall stand transferred to the Institute and become
employees of the Institute on the same terms and conditions of service
which were applicable to them immediately before the commencement of this Act
until their employment in the Institute is terminated in accordance with their
term and conditions of service or until rules or regulations as the case
may be, containing terms and conditions of service made by the Government or
the Board under Section 17 & 18 come into force, and from that date
they shall be subject to and be governed by the said rules or regulations.
20. Removal of difficulties.-If any difficulty arises in giving effect to any of
the provisions of this Act, the Government may, on the recommendations of the
Board, give such directions, not inconsistent with the provisions of this Act,
as it may consider necessary for the removal of such difficulty.
21. Repeal.- The Kashmir Institute of Management Ordinance, 2013
(Ordinance XCI of 2013) is hereby repealed.
-sd-
(Sardar Rashid Kaleem)
Deputy Secretary Law
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