Updated: Sunday May 05, 2019/AlAhad
Ramadan 01, 1440/Ravivara
Vaisakha 15, 1941, at 02:43:46 PM
[1][1]The
(Act VI of
2019)
[1st
March 2019]
An Act to establish the
It is necessary to establish the Punjab Skills Development Authority
to promote and regulate the technical education and vocational training sector
in the
Be it enacted by Provincial Assembly of the
1. Short title, extent and commencement.– (1) This Act may be cited as the Punjab Skills
Development Authority Act, 2019.
(2) It extends to whole of
the
(3) It
shall come into force on such date as the Government may, by notification in
the official Gazette, specify; and, the Government may specify different dates
for the enforcement of various provisions of the Act.
2. Definitions.– In this Act:---
(a)
“Act”
means the Punjab Skills Development Authority Act 2019;
(b)
“Authority”
means Punjab Skills Development Authority established under the Act;
(c)
“Chairperson”
means the Chairperson of the Authority;
(d)
“Director
General” means the Director General of the Authority;
(e)
“Government”
means Government of the
(f)
“institute”
means a public or private technical education and vocational training institute
offering diploma or certificate courses in any skill, trade, vocation or
profession;
(g)
“member”
means a member of the Authority and, where the context so requires, includes
the Chairperson and the Director General;
(h)
“non-official
member” means a member, other than an ex
officio member, of the Authority;
(i)
“prescribed”
means prescribed by the rules or regulations;
(j)
“regulations”
means the regulations framed under the Act; and
(k)
“rules”
means the rules made under the Act.
3. Incorporation.– (1) The Government may, by notification in the
official Gazette, establish Punjab Skills Development Authority.
(2) The Authority shall be a body corporate,
having perpetual succession and a common seal, with powers to enter into
contracts, acquire and, subject to subsection (3), dispose of both movable and
immovable property in accordance with law, and may, by the said name, sue or be
sued.
(3) The Authority shall not dispose of
any immovable property without prior approval
of the Government.
(4) The Authority shall have its main
office in
4. Composition
of the Authority.– (1) The Authority shall consist of the Chairperson and not less than
five but not more than nine members, including at least one female member from
the industry, agriculture or services sector, and professionals from the
technical education and vocational training sector and
shall also include two members of Provincial Assembly of the Punjab, one from
the treasury benches to be nominated by the Government and one from the opposition
to be nominated by leader of the opposition.
(2) Secretaries
to the Government, Industries, Commerce and Investment Department, Finance
Department, Labour and Human Resource Department and School Education
Department shall be ex officio
members of the Authority.
(3) The
Director General shall be the Secretary of the Authority.
(4) The Minister for Industries, Commerce
and Investment,
(5) Subject
to sub-section (6), the term of appointment of the non-official members shall
be three years but any of them may, subject to satisfactory performance, be
appointed for a second term but no one shall be appointed for more than two
consecutive terms.
(6) The
non-official members shall serve during the pleasure of the Government and the
Government may, at any time, appoint another person as the non-official member
for the remaining term of the outgoing member.
(7) In
case, the office of the Chairperson is vacant temporarily or otherwise, by
reason of leave, illness, or any other cause for a period not exceeding three
months, the Government shall make such arrangement for the performance of
duties of the office of the Chairperson as it may deem appropriate.
(8) A non-official member may resign by
writing under his hand and the Government may, in the prescribed manner,
appoint an eligible person for the remaining term of such member.
(9) No act or proceedings of the Authority
shall be invalid merely by reason of any vacancy or defect in the constitution
of the Authority.
5. Disqualification
of the members.– No person shall be appointed or shall continue as the non-official
member who:---
(a) is
or, at any time, has been convicted of an offence involving moral turpitude;
(b) is
or, at any time, has been adjudicated as an insolvent;
(c) is
found to be of unsound mind; or
(d) has
a financial interest or an interest, directly or indirectly, in conflict with
the interest of the Authority and has failed to
disclose, in writing, such interest to the Government.
6. Meetings.– (1) The Authority shall
meet at least once in every quarter.
(2) The Director General shall arrange
for a meeting of the Authority on the direction of the Chairperson or on a
requisition in writing of not less than four members.
(3) The Chairperson shall preside over
a meeting of the Authority and, in his absence, the meeting shall be presided
over by the member duly nominated by the Chairperson from amongst the
non-official members.
(4) Four members, including at least
three non-official members, shall constitute the quorum for a meeting.
(5) The Authority shall take decisions
by the majority of its members present and voting, and in case of a tie, the
person presiding the meeting shall have a casting vote.
(6) The decisions of the Authority
shall be recorded in writing and signed by the Chairperson and Director
General.
(7) The Director General shall arrange
the conduct of meetings and maintain a complete record of the minutes and the
decisions of the Authority at each meeting in the prescribed manner.
7. Functions
of the Authority.– The Authority shall:---
(a)
implement national policies and standards
in relation to technical education and vocational training;
(b)
register
and regulate public and private institutes;
(c)
register and regulate public and private technical education and
vocational training bodies and assessment agencies;
(d)
regulate
the enforcement of the apprenticeship laws and policies relatable to the technical education and vocational training;
(e)
regulate training standards for teachers
and evaluators;
(f)
conduct
performance audit of technical education and vocational training institutes;
(g)
devise
and enforce mechanisms for the
inspection, monitoring and evaluation of technical education and vocational
training institutes, bodies and assessment agencies to ensure compliance with
the national and the provincial standards;
(h)
encourage technical education and
vocational training institutes to develop syllabi and design courses according
to and in conformity with the international standards and demands, and national
and terrestrial requirements and standards;
(i)
validate
conformity of the curricula with national standards and its relevance to
specific level descriptor;
(j)
establish
a labour market information cell in order to ascertain the skills required to
be imparted, supply and demand of the skilled professionals in local, national
and international markets;
(k)
devise
and implement an integrated social marketing and communication strategy for
technical education and vocational training sector;
(l)
set
guidelines for the establishment of career guidance and counseling mechanisms
in technical education and vocational training sector;
(m)
establish
linkages and coordinate with international and national bodies and agencies for
promotion and development of technical education and vocational training
sector; and
(n)
perform
such other functions as may be incidental to the functions mentioned above or
as the Government may assign or as may be prescribed.
8. Delegation
of powers.–
The Authority may, subject to such conditions and limitations as it may deem
fit to impose, delegate any of its powers or functions to the Chairperson,
Director General, a committee constituted by it, a member or employee, except
the powers to:---
(a) frame,
amend or repeal regulations;
(b) approve
policy decisions, guidelines or procedures for the operation of the fund;
(c) determine
the terms and conditions of service of the employees
of the Authority;
(d) constitute
committees;
(e) approve
the annual budget, audited accounts and annual reports
of the Authority; and
(f) consider
audit reports of the Authority.
9. Committees.– (1) The Authority may
constitute such committees as it may deem necessary for carrying out the
purposes of the Act.
(2) The composition
and functions of the committees shall be such as the Authority may determine or
as may be prescribed.
10 Director
General.–
(1) The Government shall appoint the Director General who possesses the
prescribed qualifications and experience.
(2) The Director General shall be
appointed on such terms and conditions as may be prescribed and, until so
prescribed, as the Government may determine.
(3) The
Director General shall be the Chief Executive Officer and Principal Accounting
Officer of the Authority and, subject to the general supervision, control and
direction of the Authority, shall exercise such administrative and financial
powers of the Authority as the Authority may delegate to him or as may be
prescribed.
(4) The
Director General may resign from his office by serving thirty days’ prior
notice or on payment of thirty days’ pay in lieu of the notice.
(5) The Government may remove the
Director General by serving thirty days’ prior notice or on payment of thirty
days’ pay in lieu of the notice.
11. Employees.– (1) The Authority may
appoint such persons in its service, as may be necessary for the performance of
its functions, on such terms and conditions as may be prescribed.
(2)
Subject to the terms and conditions of appointment, the Authority may, at any
time, terminate the services of an employee by serving thirty days’ prior
notice or on payment of thirty days’ pay in lieu of the notice in the
prescribed manner.
12. Technical Experts.– The Authority or
any of its committees may invite any technical expert or any other person
having specialized knowledge of any subject or the representative of a
Government institution for assistance in the performance of its functions.
13. Registration.– (1) After the commencement of the Act, no person, institute, public
or private technical education and vocational training body, assessment agency
or organization engaged in any technical education and vocational training
sector service delivery shall commence its business until it is registered with
the Authority under the Act.
(2) Any person, institute, public or private
technical education and vocational training body, assessment agency or
organization engaged in any technical education and vocational training sector
service delivery, existing before the commencement of the Act, shall, within
six months of the commencement, apply to the Authority for registration in such
manner as may be prescribed.
(3) The
Authority may charge fee for the registration or renewal of registration and
for other services at such rate and in such manner as may be prescribed.
(4) The
Authority may, subject to reasonable notice and after affording hearing to the
person concerned, suspend or cancel the registration made under sub-section (1)
on account of any contravention of the standards or violation of any prescribed
procedure.
14. Fund.– (1) There shall be formed a Fund to be known as
the Punjab Skills Development Authority Fund which shall vest in the Authority.
(2) The Fund shall consist of:---
(a)
the
grants received from the Government;
(b)
the
grants received from any other government, authority or agency;
(c)
income
from fees charged by the Authority;
(d)
donations
made to the Authority; and
(e)
any other
income and monies received by the Authority.
(3) The Fund shall be maintained in
such manner as may be prescribed.
(4) The Fund shall be utilized to
meet the expenses of the Authority in connection with the discharge of its
functions under the Act.
(5) The Authority shall not incur
any debt without prior approval in writing of the Government.
15. Budget
and accounts.–
(1) The Director General shall, before the commencement of a financial year,
prepare a statement of the estimated receipts and expenditure for the next
financial year and submit it to the Authority for approval.
(2) The
Authority shall maintain proper accounts and other records relating to its financial
affairs including its income and expenditure and its assets and liabilities in
such form and manner as may be prescribed.
(3) As
soon as may be after the end of each financial year, the Authority shall
prepare and approve in the manner prescribed, statements of account of the
Authority which shall include a balance-sheet and an account of income and
expenditure.
16. Bank Accounts.– Subject to general instructions of the
Government, the Authority shall open and maintain its accounts at such scheduled
banks as it may, with the approval of the Government, determine.
17. Audit.– (1) The Auditor General of
(2) The Government may, in addition to the
audit under subsection (1), cause the annual accounts of the Authority audited,
in the prescribed manner by a Chartered Accountant or a firm of Chartered
Accountants.
18. Annual
report.–
(1) The Director General shall, by 30 September each year, submit annual
performance report to the Authority enumerating all the activities,
developmental initiatives undertaken and targets achieved during the previous
financial year for the betterment of the technical education and vocational
training sector and the future plans and projects.
(2) The Authority shall submit the report
to the Government which shall lay the report in Provincial Assembly of the
19. Penalty.– Any person, institute, public or private technical education and
vocational training body, assessment agency or organization engaged in any
technical education and vocational training sector service delivery that
contravenes the provisions of section 13 of the Act shall be liable to
punishment which may extend to six month but which shall not be less than
fifteen days and with fine which may extend to one million but which shall not
be less than two hundred thousand rupees.
20. Cognizance and summary trial.- (1) No court shall take cognizance of an offence under the Act
except on a complaint in writing filed by the Director General or an officer of
Authority duly authorized for the purpose.
(2) A Magistrate of the first class shall
conduct the trial of an offence under the Act in accordance with the provisions
of Chapter XXII of the Code of Criminal Procedure 1898 (V of 1898) relating to
the summary trials.
21. Compounding of
offence.– (1) Subject to
subsection (2), the Authority or an officer of the Authority specifically
authorized in this behalf may, at any stage, compound an offence under the Act
subject to the deposit of administrative penalty which shall not be less than
two hundred thousand rupees.
(2) An offence under the Act shall not be
compoundable if the accused had been previously convicted under the Act or his
previous offence had been compounded by the Government or the officer
authorized by the Government.
22. Non-compliance of standards and
procedures.- The Authority may
impose on any person, institute, public or private technical education and
vocational training body, assessment agency or organization engaged in any
technical education and vocational training sector service delivery that fails
to comply with prescribed standards and procedures, the administrative penalty
at such rate, not exceeding rupees five hundred thousand, and in such manner as
may be prescribed.
23. Appeal.– Any person, institute, public or private technical
education and vocational training body, assessment agency or organization
engaged in any technical education and vocational training sector service
delivery, aggrieved by an administrative order under the Act, may, within
thirty days of the receipt of the order, prefer an appeal to such appellate
authority as may be prescribed.
24. Public Servants.– The Director General, members, employees and
other persons authorized to perform or exercise any function or power under the
Act, or rendering services to the Authority as agents, advisors or consultants,
shall be deemed to be public servants within the meanings of section 21 of
Pakistan Penal Code, 1860 (XLV of 1860).
25. Indemnity.– No suit, prosecution or any other legal proceedings
shall lie against the Authority, the Chairperson, members, Director General and
any employee of the Authority, in respect of anything done or intended to be
done in good faith under the Act.
26. Rules.– The Government may, by notification in the official
Gazette, make rules for carrying out the purposes of the Act.
27. Regulations.– Subject to the Act
and the rules, the Authority may, with prior approval of the Government, frame
regulations for the efficient performance of its functions under the Act.
28. Removal of Difficulties.– If any difficulty arises in giving effect
to any provision of the Act, the Government may, within one year of the
commencement of the Act, make such order as may be necessary and consistent
with the provisions of the Act.
[1][1]This Act was passed by the
Punjab Assembly on 27 February 2019; assented to by the Governor of the
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