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REGULATION, 2011

WANA CADET COLLEGE REGULATION, 2011

A Regulation to establish a cadet college at Wana in South Waziristan Agency

[Gazette of Pakistan, Extraordinary, Part-I, 26th August, 2011]

WHEREAS it is expedient to establish a cadet college at Wana in South Waziristan Agency which can lead to promotion of quality education in Federally Administered Tribal Areas and providing opportunities for the youth of FATA;

Now, THEREFORE, in exercise of the powers conferred by clause (5) of Article 247 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make the following Regulation, namely:—

1.  Short title and commencement.—(1) This Regulation may be called the Wana Cadet College Regulation, 2011.

(2)  It shall come into force at once.

2. Definitions.—In this Regulation, unless there is anything repugnant in the subject or context,—

(a)        "Board" means the Wana Cadet College Board of Governors, established under this Regulation;

(b)        "Chairman" means the Chairman of the Board;

(c)        "member" means a member of the Board;

(d)       "College" means the Wana Cadet College established under this Regulation in South Waziristan Agency;

(e)        "Government" means the Federal Government;

(f)        "FATA" means Federally Administered Tribal Areas;

(g)        "Principal" means the head of the College; and

(h)        "prescribed" means prescribed by rules made under this Regulation.

3. Establishment of the College and Board.—(1) There shall be established a college at Wana in South Waziristan Agency, to be called Wana Cadet College, with its Board of Governors to be established by the Federal Government and called Wana Cadet College Board comprising of the following, namely.—

(a)        Governor Khyber Pakhtunkhwa.        Chairman

(b)        General Officer Commanding (GOC) 
9 Division.                                           Vice-Chairman

(c)        Inspector General, Frontier Corps.     Member

(d)       Secretary, States and Frontier Regions 
Division, Government of Pakistan.     Member

(e)        Secretary, Finance Division, 
Government of Pakistan.                    Member

(f)        Additional Chief Secretary, FATA.   Member

(g)        Secretary, Finance, FATA.                 Member

(h)        Secretary, Administration and 
co-ordination, FATA.                         Member

(i)         Secretary, Law and Order, FATA.     Member

(j)         Commissioner, Dera Ismail Khan.      Member

(k)        Principal, Wana Cadet College.          Member

(l)         two reputed academicians to be 
nominated by the Board for a period 
of two years.                                       Members

(m)       two reputed philanthropists to be 
nominated by the Board for a period 
of two years.                                       Members

(2)  The Principal of the College shall also act as Secretary of the Board.

(3)  The Board shall be a body corporate having perpetual succession and a common seal with powers to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued:

Provided that the Board shall not be competent to acquire or dispose of any immovable property without previous approval of the Federal Government in writing.

4. Meetings of the Board.—(1) The meetings of the Board shall be held in such manner and at such time as may be prescribed:

Provided that such meetings shall be called by the Chairman at least once in every year.

(2) The Secretary shall be responsible for convening meeting of the Board, as and when necessary and approved by the Chairman. He shall also be responsible for recording and maintaining the minutes of the meeting and providing secretarial support to the Board.

5. Powers of the Federal Government.—(1) The Federal Government shall have powers to cause an inspection, to be made by such person or persons as it may direct, of the offices, activities and funds of the College and all its examinations conducted by the Board and to cause an enquiry to be made in like manner in respect of any matter relating to the College.

(2) The Federal Government shall communicate to the Board the findings of the inspection or enquiry and may advise the Board to take such action within such period as may be specified.

(3) The Board shall report to the Federal Government the action it proposes to take on such communication.

(4) Where the Board does not, within the specified time, submit its report as required under sub-section (3) or the Federal Government is not satisfied with the action taken or proposed to be taken, the Federal Government may, after considering any explanation given by the Board, issue such directions as it thinks fit and the Board shall comply with such directions.

(5) The Federal Government may, from time to time, direct the Board to conduct its affairs and perform its functions in such manner as it may specify.

(6) The Federal Government may require the Board to furnish it with—

(a)        any return, statement, estimate, statistics, report or other information regarding any matter relating to, or under the control of, the Board; or

(b)        a copy of any document in the charge of the Board and the Chairman shall comply with every such requisition.

(7) If the Board fails or neglects to comply with the directives or orders given to it under sub-section (5) or if, in the opinion of the Federal Government, the Board persistently makes default in the performance of its functions under this Regulation, the Federal Government may supersede the Board and appoint the Chairman in the place of such Board until a new Board is established in accordance with the provisions of this Regulation and no such supersession or appointment shall be questioned in any Court.

6.  Powers and functions of the Board.—(1) Subject to other provisions of this Regulation, the Board shall have powers to manage and control affairs of the College, in particular and without prejudice to the generality of the foregoing power, including, but not limited, to—

(a)        administer and manage the property in use of the College and the Board;

(b)        acquire and dispose of property;

(c)        enter into contracts in respect of the College, provided that the amount involved in a single transaction does not exceed such limit as the Federal Government may, from time to time, determine;

(d)       appoint the Principal or members of the staff and other officers and servants of the College and the Board on such terms and conditions as may be prescribed;

(e)        formulate the budget for the approval of the Federal Government; approve the number of seats to be reserved in the College for various Provinces and Tribal Areas;

(g)        determine the time as to when the classes are to be started and the number of students to be admitted in each class annually;

(h)        lay down procedure for admission to, promotion and removal of students from, the College;

(i)         institute scholarships and stipends with the approval of the Federal Government; and

(j)         set up an executive committee, finance committee, selection committee, promotion committee, discipline committee and such other standing committees as may be necessary.

(2)  The Board may, by a general or special order in writing, direct that such of its powers or functions under this Regulation shall, in such circumstances and subject to such conditions, if any, as may be specified in the order, be exercisable also by the Chairman or by the Vice-Chairman of the Board, as the case may be.

7. Funds.—(1) The funds of the Board shall be derived from the following, namely:—

(a)        grants made by the Federal Government;

(b)        loans received from the Federal Government;

(c)        loans raised by the Board with the general or special sanction of the Federal Government;

(d)       such foreign aid and loans as may be received by the Board and on such terms and conditions as may be approved by the Federal Government; and

(e)        fees and other moneys received.

(2) All moneys in the fund shall be kept in such custody as may be prescribed.

(3) The funds shall be utilized for meeting expenditure connected with the functions of the Board, including the payment of salaries and other remunerations of the members, the Principal and the members of the staff of the College and officers and servants of the Board.

8. Annual audit and accounts.—(1) The accounts of the Board shall be maintained in such form and in such manner as may be prescribed.

(2) The accounts of the Board shall be audited every year by the Auditor-General of Pakistan, hereinafter referred to as the auditor.

(3) The Board shall, at the time of audit, produce all accounts, registers, documents and other papers which may be required by the auditor to assist him in his investigation.

(4)  The Board shall, as soon as possible after the end of each financial year, submit to the Federal Government the annual statement of the accounts of the Board, duly audited, together with the report of the auditor and its comments on the report.

9.         Annual financial statement.—(1) The Board shall submit to the Federal Government for approval a statement of estimated receipts and expenditure in respect of the next financial year at such time and in such manner as may be prescribed and shall give effect to any modification made therein by the Federal Government.

(2)  As soon as may be, after the close of every financial year, but not later than the last day of September next following, the Board shall submit to the Federal Government for approval a report on the conduct of the affairs of the Board for that year.

10. Members, etc., to be public servants.—The members of the Board and the Principal and the members of the staff of the College and officers and servants of the Board shall be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860).

11. Power to make rules.—(1) The Board may, with prior approval of the Federal Government and by notification in the official Gazette, make rules for carrying out the purposes of this Regulation.

(2)  In particular and without prejudice to the generality of the foregoing power, such rules may provide for—

(a)        time and place of the meetings of the Board and the procedure to be followed for such meetings;

(b)        forms and registers for keeping the accounts;

(c)        the manner in which and the time at which the annual financial statement shall be submitted to the Federal Government for approval;

(d)       the custody in which the funds of the Board shall be kept;

(e)        the manner in which the minutes of the meetings of the Board shall be kept, circulated and confirmed;

(f)        the manner in which the executive committee and standing committees shall be constituted and the allocation of functions to them;

(g)        the procedure for recruitment of the Principal, members of the staff of the College and officers and servants of the College and the Board;

(h)        the delegation of administrative and financial powers to the executive committee, standing committees or the officers and servants of the Board;

(i)         the manner in which the funds shall he disbursed; and

(j)         such other matters as may be necessary for giving effect to the provisions of this Regulation.