Fata Education Foundation Rules of Business

FATA EDUCATION FOUNDATION (FaEF)

RULES OF BUSINESS, 2012.

In pursuance of the FATA Education Foundation [FaEF] Regulation 2010, and in exercise of powers conferred by Section 12 of the FaEFRegulation2010 of Federal Government, the FATA Education Foundation Board of Directors, hereby make the following rules, for conduct of business.

1. SHORT TITLE, COMMENCEMENT AND APPLICATION:

1.1. Title: These Rules may be called the FATA Education Foundation, Rules of Business, 2012.

1.2. Commencement: These rules shall come into force at once.

1. DEFINITIONS:

In these Rules, unless the context otherwise require.

i) “Appendix” means appendix to these rules.

ii)“Board” means, the Board of Directors of the Foundation.

iii)“Constituent Unit” means the institution established by the Foundation

under Section (2)(i) of FaEFRegulation2012.

iv)“Chairman” means the Chairman of the Board of Directors.

v)“Educational Institution” means Institutions, which shall impart education at primary, middle, High, intermediate,degree and Higher level and established by the Foundation in the buildings provided by the Government/Semi Government/private and/or in the buildings acquired by the Foundation on rent/free of rent.

vi)“Employee” means an employee of FATA Education Foundation.

vii)“Foundation” means FATA Education Foundation.

viii)Federal Government means the Government of Pakistan.

ix) Governor means the Governor of Khyber Pakhtunkhwa and includes any

person acting as Governor Khyber Pakhtunkhwa.

x)“Regulation” means the Government of Pakistan, FaEF Regulation of 2012,

as amended from time to time.

xi) “Selection Committee” means committee(s) constituted by the Board for

the purpose of making recommendations for the appointment to various

posts.

xii) Words and expressions used in the regulation and not defined in these rules shall have the same meaning as assigned to them in the regulation or as interpreted by the Board.

3.ORGANIZATION OF SECTIONS IN FaEF:

(1)Each section shall consist of a manager and officials subordinate to him.

(2)Thehead of sectionbeingtheofficialheadshall be responsibleforitsefficient administration and discipline. He shall alsobe responsiblefortheproperconductofthebusiness assigned to the sections. The concerned officer shallberesponsiblefordue executionoftheapproved schemesorprojects.

1. POWERS AND FUNCTIONS OF THE FOUNDATION AND MD.

The functions and powers of MD FaEF; shall be as defined in Appendix-I.

5. PROCEDURE FOR DISPOSAL OF BUSINESS:

(1)The business of FaEF shall be distributed amongst the Section Provided thatdistributionofbusinessandconstitutionofthe

sectionsmaybemodified bytheManaging Directorfrom timeto time.

(2) In Case of any doubt or dispute arising as to the Section to which a case may properly pertain, the matter shall be referred to appropriate

authority, who shall obtain orders of MD if necessary.

(3) The Managing Director may issue Standing Orders laying down the manner of disposal of the cases or work distribution.

(4) The business of the foundation shall be distributed among several sections indicated in schedule-I.

6. MANNER OF SUBMISSION OF CASES TO THE BOARD:

a)In respect of all cases to be submitted to the Board, the in-charge of the

concerned section shall prepare, keeping in view the requirements of the Regulation, a concise but self-contained working paper giving the background and relevant facts, the points for decision and his recommendations thereon. The Section in-chargeshall transmit to the MD in his capacity as Secretary of the Board, as many sets of the working paper as the latter may specify. The working paper shall, before submission to the Board, be approved by MD and shall include as appendices such relevant papers as may be necessary for proper appreciation of the case.

b)Where the case concerns more than one sections,the working paper

shall, contain joint recommendations of the section in-charge concerned, being collective responsibility.

c)The agenda of a meeting of the Board shall reach the members of the

Board and others concerned at least 15 days in advance of the date of meeting. However the cases involving urgencies shall be sent to members’ at least 5 days before the meeting.

7.PROCEDURE FOR DISPOSAL OF CASES BY THE BOARD:

(1) The Board may take decisions in the following manner:

(a) Discussion in a meeting of the Board.

(b) By Circulation of working paper.

(3)In case a decision is to be taken through circulation of working paper,

timeframe for the opinion of the member may in variably thespecified. In case of non receipts of views of the concerned member within the stipulated time, it could be presumed that he agrees to the proposals/recommendations in the working paper. Provided that the chairman may dispense with the requirement of the circulation where he is satisfied that circumstances were such that the working paper could not be supplied.

(4)In case of disagreement of a member, the issue shall be decided by majority on the basis of views express by the members.

(5)The chairman of the board may at his discretion order that the case may be placed before the board.

(6)Each member of the Board as well as the Chairman shall have one vote, but chairman shall have a second or casting board.

8. CUSTODY OF BOARD PAPERS:

(1)All proceedings of the Board and the records relating thereto shall be classified as privileged documents.

(2)Members of the Board shall after perusal return the minutes to MD FaEF.

9. ANNUAL ADMINISTRATION REPORTS.

MD shall prepare Annual Administration Report highlighting the activities undertaken during the year and submit the same to the Chairman of the Board.

10. AUDIT REPORT

The audit report, after discussion in the meeting of the board shall be submitted to Governor KPK, through civil secretariat FATA.

11. CONSULTATION AMONGST SECTIONS

(1)When the subject matter of a case concerns more than one section, no orders shall issue thereon nor shall the matter be submitted to the Board, until it has been considered by all the sections concerned and an agreement has been reached; Provided that in the case of urgency this requirement may be dispensed with by the MD; but the matter shall at the earliest opportunity thereafter be brought to the notice of the section(s) concerned.

(2) If the sections concerned cannot reach an agreement, the section that sponsored the case shall submit it to theMD for his decision.

(3)When a case is referred by one section to another for consultation, all relevant facts and points shall be clearly brought out.

(4) The sections shall invariably circulate policy decisions to other sections.

12. CONSULTATION WITH FINANCE SECTION:

(1)No section shall, without previous consultation with Finance Section of FaEF; issue any orders which involve:-

a)Financial implications of any kind directly or indirectly.

b)Expenditure for which no provision exists or for which no sanction exists.

c)Re-appropriation within grants.

d)Alteration in the method of compilation of accounts or of budget estimates.

e)Interpretation of any rules/orders affecting finances of FaEF.

f)A change in the terms and conditions of employees of the Foundation, involving financial implications

13.MISCELLANEOUS:

Secrecy of Official Information:

(1)No information acquired directly or indirectly from any official document or relating to any official matter shall be communicated by an employee of FaEF, to the Press, to an outsider or to an official belonging to an office of FaEF; to which the official document or the official matter does not pertain unless he has been generally or specially empowered to do so.

(2)All official news or information shall be conveyed, whenever a necessity

arises, to the press or the public through the Secretariat.

14. OBSERVANCE OF THE RULES:

(1)The Section in-charge shall be responsible for the careful observance of these rules in his section and, if he is satisfied that there has been a material departure from them; he shall bring the matter to the notice of MD.

(2) In case of any doubt or dispute as to the interpretation of these rules, the matter shall be referred to the Board.

15. INDIVIDUAL AND COLLECTIVE RESPONSIBILITY:

The in-charge sections shall be responsible, collectively as well as severally, for the executive orders issued in the name of the Foundation in pursuance of a decision by the Board. The In-Charge sections shall, however, primarily be responsible for the disposal of business pertaining to their spheres of jurisdiction.

15. EXECUTIVE COMMITTEE:

The executive committee constituted in terms of section 7 of the FaEF; regulation 2010, is given in Appendix –I, schedule-II.

16. PROMOTION/SELECTION COMMITTEE:

(1)There shall be two Selection/promotion Committees one for initial recruitment/promotion of officers in BPS-17and above or equivalent grades of the Foundation and other for officials in BPS-I to BPS-16 or equivalent grades of the Foundation for selection of suitable persons to various posts in the Foundation. The composition of the committees shall be as follows.

a.SelectionCommittee for appointments in BPS-17 and aboveor equivalent grades of the Foundation.

i. Managing Director Chairman

ii. Additional Secretary Coordination,

FATA, Secretariat Member

iii.Deputy Managing Director

of the Foundation Member/Secretary

iv.Representative of Director

Education FATA Member

b. Selection Committee for appointment in BPS-16and below

(or equivalent grades of the Foundation):

17. ORGANIZATIONAL STRUCTURE:

Organizational structure of the Foundation shall be as specified at appendix-II.

18. AMENDMENT MODIFICATION OF RULES.

The Foundation through its Board of Directors reserves the right to frame, amend or modify all or any of these rules as it may deem necessary and such amendments shall be binding on all employees.

APPENDIX-1

SCHEDULE-I, RULE-5

Sections in the Foundation Office: The Foundation shall have the following sections for carrying out its official business.

1)Planning & Development

2)Finance & Administration

3)Monitoring & Evaluation

POWERS AND FUNCTIONS OF THE FOUNDATION AND MD.

Functions of the Foundation:

1. The Foundation shall take all such measures as it deems necessary for the promotion, improvement and financing of education and human resource development in FATA through strengthening of education both in public and private sectors in line with the education policy of the Government and the functions defined in the Regulation.
2. Without prejudice to the generality of the foregoing function, the Foundation may: -

1. Assist in the establishment of educational institutions and allied projects;
2. Prepare schemes for improving the quality and standard of education in all types of educational institutions
3. Give loans/Grants to individual or NGO to facilitate establishment and improvement of educational institutions and infrastructure in FATA
4. Grant scholarships, stipends, fellowships to students on merit-cum-in affordability basis, both in public and private educational institutions, including those run by autonomous bodies in FATA as well as students who are receiving education anywhere outside FATA, but are bona fide residents of FATA;
5. Promote public - private partnership for development of education, ensuring sustainability of educational development under public and private partnership through innovative mechanisms such as providing endowment and matching grants, etc
6. Provide and administer direct financial assistance to private schools and educational institutions outside FATA providing educational facilities to
   students who are bona fide residents of FATA
7. Initiate and maintain contact and collaboration with other organizations, institutions, NGOs, bodies and societies in Pakistan and abroad including
   relevant International Agencies and constituents of United Nations system interested in similar objectives and to co-operate with such institutions, bodies and organizations for furthering the objectives of the Foundation;
8. Coordinate with other stakeholders in initiating, organizing and facilitating projects and programs on resource sharing basis in FAT
9. Provide support in in-service training in FATA to,—
   (a)Teachers, Head teachers and other staff of public and private institutions;
   (b)NGO communities, representatives and members of educational committees and other bodies developed for such purpose from time to time
10. Establish in any place of FATA such regional offices, branches and local units as may be necessary for managing any of the affairs of the Foundatio
11. Purchase, take on lease or on allotment or hire or otherwise acquire, create or adapt movable or immovable properties for the time being and to sell, lease out or hire all or any portion of the same as considered necessary for attaining the objectives of the Foundation;
12. Enter into any arrangement with any authority including Government, Provincial Government, local bodies, or any corporation, company or persons that may beconducive to the Foundation’s objectives and to obtain from any such Government, authority, corporation, company or person any charters, contracts,rights, privileges and concessions which the Foundation may think desirable, and to carry out exercises and comply with any such charters, contracts, rights, privileges and concession
13. Open accounts with banks or approved financial institutions;
14. Plan and manage the Endowment fund of FATA Education Foundation wisely so as to earn optimum income for funding the operational plans of the Foundation.
15. Treat the income and money of the Foundation, all of which shall be considered public assets, as a sacred trust and it shall be the prime responsibility to administer and manage Foundation funds with due diligence and transparent fiduciary responsibility and for the purposes for which the Foundation has been established;
16. Ensure that as far as possible the Foundation’s operations are decentralized, subject to sound financial and operational management principles, to facilitate access to the Foundation’s services by other organizations in FATA working in
    furtherance of the purposes of this Regulation;
17. Ensure that the resources of the Foundation are only provided to well functioning, professionally managed institutions with transparent governance
    and financial management systems;
18. Ensure that financial assistance to other educational institutions and beneficiaries is based on sound principles of cost sharing, sustainability and
    financial viability. However, the objectives of the Foundation shall be the prime consideration;
19. Hold workshops and seminars for orientation of staff and faculty as well as for public awareness;
20. Conduct research, surveys and studies to identify areas of malfunctioning in the education system of FATA and suggest remedial solutions;
21. Constitute such financial, technical and other committees as is necessary for carrying out the purposes of the Foundation;
22. Perform such other functions as may be deemed appropriate by the Foundation;
23. Hold, control upon and administer its funds.
    

POWERS OF THE MD:

The MD shall subject to the provisions of the Regulation, have the following powers and duties:-

(1) He shall be the official head and spokesperson of the Foundation and shall be responsible for efficient administration, discipline and business like conduct of theaffairs of the Foundation.

(2) He may call for any record from any section and ask for review of any orders passed thereon, provided that such cases are within the competency of MD.

(3) In addition, all cases as specified below shall be submitted to MD.

a)Cases of financial authorization beyond the powers of Deputy Managing Director or as the case may be.

b) Progress reports of the Projects/activities listed in the work plan as prescribed.

c) All such papers, reports and statements as are required under the Regulation to be sent to the Governor, the Board, Steering Committee and any other committee or the Federal Government.

d) All cases connected with press statements/ releases.

e) Appeals against the orders of Section in charge.

f)Contracts and Consultancy deeds falling beyond the powers delegated to section in charge/ Director Operation.

g) Any other case which the MD may require by general or special order to be sent to him.

( 4) He shall report to the Governor whether any Director is or has become subject

to anyof the disqualifications under the rules.

APPENDIX-I

SCHEDULE II, RULE 15.

Under Section 7 of FaEF Regulation of 2010, there shall be an Executive committee, consisting of the following members, who shall advise the Managing Director on such administrative, technical and financial matters as are referred to it.

(1)The composition of the Executive committee shall be as under:

(2) Functions of the Executive committee shall be as under:

1. Approve major administrative and financial initiatives including annual recurring and developmental budget.

1. The meeting of the executive committee will be convened by the Managing Director with prior notice to be issued to all members along with the agenda and working paper at least 7 days before the meeting or as prescribed.

1. The decisions will require a four member’s quorum including
   Chairman of the Executive committee.

1. The Term of nominated members shall be three years and they shall beeligible for reappointment on the expiry of their respective term.

1. The Board of Directors may decide any question relating to rights and duties of the employees, or any other matter not provided for in the service rules.

Appendix-II