Delegation power of in case of purchase and appointment

Law:

        Law is a set of norm based values which have been decided to be the ruling norms of the society by elected or chosen members. It has the element of authority to be acted upon.

Educational Law;

                                    The systematic decision of the legal authorities to run the educational system according to the legal norms is called law.

Delegation of power

                             The word “delegate” means to give part of power or part of work to someone in a lower position than you. Someone who has been chosen or elected to speak, vote or take decisions for a group.

                In the same way the word “delegation” means the process of giving power or part of work to someone else for the purpose of sharing responsibility or authority. It does also mean “a group of people who represent a company or organization.

                No single one person can run the system of any department of the country. Education department is a provincial department. It is run under the provincial government of the Punjab. The cycle of powers is delegated from the chief minister or the governor to different officials of the department in hierarchy. The sphere of responsibilities is limited in perspectives of geographical area e.g. the chief minister, the governor, the minister of education, the chief secretary, and the secretary of education have hierarchical powers to separate throughout the province. The spectrum of the powers of the governor or the chief minister is higher and broad than that of the minister of the education. In such a way the spectrum of the powers of education spectrum is limited than that of the minister of the Punjab.

                 Every official enjoying lowers powers has low spectrum of responsibilities and in a smooth and healthy way according to the biddings of the law. Such a process of division of responsibilities and powers is called delegation of powers in any department and when restricted to the education department, these are called the “delegation of powers in education department”. They may be divided further in delegation of powers in;

a)                  Appointment;

b)                  purchase;

c)                  basic pay scales for teachers;

d)                  administrative powers;

e)                  move over and so on;

              The matter of basic pay is decided by the assembly and is approved the governor. Other responsibilities of different categories are conferred upon different authorities in a hierarchy.

Appointment:

               

The education department appoints teachers and other staff to run the cycle of institution and the offices. Vacant posts are advertised in newspapers for the recruitment and the process of selection is completed under the current and prescribed policy of the government. This process is governed by the different kinds of “selection committees” on the level of Tehsil , District, , division or the province. As the geographic perspectives become broader the powers, authority and scales of the authorized or the responsible are broadened.

Process of appointment:

                The process of appointments is completed in two ways;

1)               initial Recruitment

2)               inbreeding

i)                    promotion

ii)                   Transfer

                The appointments on posts of BPS.16 and above are made by initial recruitment on the recommendations of the Punjab public service commission. The posts up to BPS.7 under the control of tehsil level are filled at the Tehsil level by the recommendation of the “Districts selection committees” constituted for the purpose.

                The matters of working paper, quorum, proceedings and minutes of the meetings of the committee are observed strictly.

               The appointments are also made through the promotion or transfer from within the department. Such a procedure is called “inbreeding” in the modern sense. The process is observed under the different kinds of “promotion committees”

             Under the recruitment policy in vogue, the initial appointments are made on contract basis.

District Education Officer (EE) appoints Elementary School Educator and secondary school Educators are appointed by District Education on the district level.

Purchase:

             Finance is an important factor and element of any organization or institution. Government provides different kinds of funds to different departments. Education department is also provided with the funds necessary to accommodate the needs. The matter of budget is basically monitored by the accomplishment. The finance department issues the necessary funding after the accomplishment of all codes and formalities.

            

                It is necessary to maintain every aspect of expenditures. This factor is dealt with appropriate hierarchy of “Delegation of powers” (shifting of powers to all the respective organs and the members ). Each and every authority is authorized to disburse the amount after fulfilling the prescribed criterion for the purpose. Every one is imposed some restrictions by the law. It is necessary to keep in mind the following points.

1. the Governor may, by notification, the financial powers of an administerative department on any office.
2. the Government may, by notification, confer financial powers of an officer of a category as mentioned in the first schedule , on any other officers; and
3.  the Government may, by notification, confer special powers mentioned in part II of the second schedule, on any officer.

  Budget is very important and one of the elements for running of any institution / organization. Different kinds of the institution are fulfilled through budget. The fulfillment of such needs comprises of the expenditures of;

a)              Building

b)              Purchase of new items;

c)              Repair of different  items

Our concern in this assignment is the matter of “Delegation of powers” with regard of the purchase of different items. It is mention worthy here that the educational institution had different sources of income in the form of funds and fees. The government abolished most of the funds except “Faroogh-e- Taleem “fund. This fund is a minimal in amount. Different officials of the education department have different powers to sanction as well as purchase. The needs of the educational institution sare fulfilled on the annual basis through on of the following ways.

a)      provision of items by the government;

b)      provision of money through SC(school council) accounts;

c)      Donations;

d)      Faroogh-e- Taleem  fund;

        It is mention worthy here that provision of the funds through SC accounts is the common way. The head of the institution is responsible of spending the money on different needs with the approval of the SC. It is also mention worthy here that the SMC (School Management committee) was replaced with SC (school council) in the near past. The policy has been amended and the Faroogh-e- Taleem fund accounts have been merged in SC accounts and they are also under the powers of the headof the institution with the approval of the SC. It is also mention worthy here that the expenditure from SC accounts has been exempted from annual audit.

Conditions for Purchase

While making purchase, the following instructions should be observedin addition to the rules amended and noticed by time and large;

1.      Unless a rate or running contract exists for the supply of the articles or unless the value of the order to be placed is small, or unless there are sufficient reasons. Which should be recorded in writing to indicate that it is not in the public interest to call for tenders ( such conditions to be confirmed by the next superior controlling authority within one week after the decision), purchase should be made by inviting tenders and tenders should be obtained by:

a.       advertisement (open tender)

b.      Direct invitation to a limited number of firms ( limited tender); and  

c.       Invitation to one firm only (single tender or proprietary purchase)

   

2.      The open tender system i.e. invitation to tender by public advertisement should be followed in all cases where the expenditure exceeds the local purchase powers of sanction authority.

3.      For the local purchase limited tender system ( via notices for bids shall be sent to the registered firms / suppliers) should be adopted subject to the following conditions;

a.       it does not involve foreign exchange;

b.      If the value of purchase is beyond the prescribed financial competence of local powers during the financial year, sanction of competent authority possessing the requisite local powers shall be required. Each sanction of expenditure shall bear the total amount of sanctions made during the year.

4.      The ‘single tender’ system may be adopted for small orders, or when the articles required are of a proprietary character and competition is not considered necessary.

5.      A ‘small order’  shall mean an order the total value of which does not exceed Rs. 10,000/-

     

  

Powers and duties of the syndicates

The syndicate shall be the executive body of the university and shall, subject to the provisions of this ordinance and the statutes, take effective measures to raise the standard of reaching research and publication and other academic pursuit and exercise general supervision over the affairs and management of the property

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1)      without prejudice to the generality of the foregoing powers and subject to the provisions of this ordinance and the statutes, the syndicate shall the powers to-

a)      Hold, control and administer the property and funds of the University;

b)      Govern and regulate, with due regard to the advice of the finance and planning committee in this behalf, the finances, accounts and invests of the University arid for that purpose to appoint such agents as it may deem fit;

c)      Consider and pass the annual report, the annual and revised budget estimates and to re-appropriate funds from one major head of expenditure to another;

d)      Transfer and accept transfer of movable or immovable property on behalf of the university;

e)      Enter into, vary, carry out and cancel contracts on behalf of the university;

f)         Cause proper books of accounts to be kept for all sums of money received  and expended by the university and for assets and liabilities of the university;

g)      Invest any money belonging to the university including any unapplied income, in any of the securities described in section of the Trust Act,1882 (11 of 1882), for the property or in such other manner as power of varying such investments.

h)      Received and manage property transferred, grants, bequests, trust, gifts, donations, endowments and other contributions made to the University and to administer  funds placed at the disposal of the university for a specific purpose;

i)        Administer funds placed at the disposal of the university for specified purposes;

j)           Determine the form provided for the custody and regulate the use of the common seal of the university;

k)      Provide the buildings, libraries, premises, furniture, apparatus, Equipment and other means required for carrying out the work of the university and to establish and halls of residence or approve or license hostels or lodgings for the residence of students;

l)        Admit educational institution to the privileges of the university and withdraw such privileges;