Rules and regulations implementing the tesda act powerpoint

REPUBLIC ACT NO. 7796
August 8, 1994
Reporter:
Sr. Marychelle B. Gruta


 This Act shall be known as the “Technical
Educational and Skills Development Act of 1994” or
the “TESDA Act of 1994.”
SECTION 1. Title


 It is hereby declared the policy of the State to
provide relevant, accessible, high quality and
efficient technical education and skills development
in support of the development of high quality
Filipino middle-level manpower responsive to and in
accordance with Philippine development goals and
priorities.
SECTION 2. Declaration
of Policy.


 The State shall encourage active participation of
various concerned sectors, particularly private
enterprises, being direct participants in and
immediate beneficiaries of a trained and skilled work
force, in providing technical education and skills
development opportunities


 It is the goal and objective of this Act to:
a) Promote and strengthen the quality of technical education and skills
development programs to attain international competitiveness.
b) Focus technical education and skills development on meeting the
changing demands for quality middle-level manpower;
c) Encourage critical and creative thinking by disseminating the
scientific and technical knowledge base of middle-level manpower
development programs;
d) Recognize and encourage the complementary roles of public and
private institutions in technical education and skills development and
training systems; and
e) Inculcate desirable values through the development of moral
character with emphasis on work ethic, self-discipline, self-reliance
and nationalism.
SECTION 3. Statement
of Goals and Objectives.


 As used in this Act:
a) “Skill” shall mean the acquired and practiced ability to carry out a task or
job;
b) “Skills Development” shall mean the process through which learners and
workers are systematically provided with learning opportunities to acquire or
upgrade, or both, their ability, knowledge and behavior pattern required as
qualifications for a job or range of jobs in a given occupational area;
c) “Technical Education” shall refer to the education process designed at post-
secondary and lower tertiary levels, officially recognized as non-degree
programs aimed at preparing technicians, para-professionals and other
categories of middle-level workers by providing them with a broad range of
general education, theoretical, scientific and technological studies, and related
job skills training;
d) “Trade” shall mean any group of interrelated jobs or any occupation which
is traditionally or officially recognized as craft or artisan in nature requiring
specific qualifications that can be acquired through work experience and/or
training;
SECTION 4. Definition
of Terms.


 e) “Middle-Level Manpower” refers to those :
1) who have acquired practical skills and knowledge through formal or non-
formal education and training equivalent to at least a secondary education but
preferably a post-secondary education with a corresponding degree or
diploma; or
2) skilled workers who have become highly competent in their trade or craft as
attested by industry.
f) “Private Enterprises” refers to an economic system under which property of
all kinds can be privately owned and in which individuals, alone or in
association with another, can embark on a business activity. This includes
industrial, agricultural, or agro-industrial establishments engaged in the
production, manufacturing, processing, repacking or assembly of goods
including service-oriented enterprises;
g) “Trainers” shall mean persons who direct the practice of skills towards
immediate improvement in some task;
h) “Trainors/trainers” shall mean persons who provide training to trainers
aimed at developing the latter’s capacities for imparting attitudes, knowledge,
skills and behavior patterns required for specific jobs, tasks, occupations or
group of related occupations;
i) “Trainees” shall mean persons who are participants in a vocational,
administrative or technical training program for the purpose of acquiring and
developing job-related skills;
j) “Apprenticeship” training within employment with compulsory related
theoretical instructions involving a contract between an apprentice and an
employer on an approved apprenticeable occupation;


k) “Apprentice” is a person undergoing training for an approved apprenticeable
occupation during an established period assured by an apprenticeship agreement;
l) “Apprenticeship Agreement” is a contract wherein a prospective employer binds
himself to train the apprentice who in turn accepts the terms of training for a recognized
apprenticeable occupation emphasizing the rights, duties and responsibilities of each
party;
m) “Apprenticeable Occupation” is an occupation officially endorsed by a tripartite body
and approved for apprenticeship by the Authority;
n) “Learners” refer to persons hired as trainees in semi-skilled and other industrial
occupations which are non-apprenticeable. Learnership programs must be approved by
the Authority.
o) “User-Led” or “Market-Driven Strategy” refers to a strategy which promotes
strengthened linkages between educational/training institutions and industry to ensure
that appropriate skills and knowledge are provided by the educational system;
p) “Dual System/Training” refers to a delivery of quality technical and vocational
education which requires training to be carried out alternatively in two venues: In school
and in the production plant. In-school training provides the trainee the theoretical
foundation, basic training, guidance and human formation, while in-plant training
develops his skills and proficiency in actual work conditions as it continues to inculcate
personal discipline and work values;
q) “Levy Grant System” refers to a legal contribution from participating employers who
would be beneficiaries of the program (often as a percentage of the payroll) which is
subsequently turned over or rebated to enterprises offering employee training programs.


 To implement the policy declared in this Act, there is
hereby created a Technical Education and Skills
Development Authority (TESDA), hereinafter referred to
as the Authority, which shall replace and absorb the
National Manpower and Youth Council
 (NMYC), the Bureau of Technical and Vocational
Education (BTVE) and the personnel and functions
pertaining to technical-vocational education in the
regional offices of the Department of Education, Culture
and Sports (DECS) and the apprenticeship program of the
Bureau of Local Employment of the Department of Labor
and Employment.
SECTION 5. Technical Education
and Skills Development
Authority; Creation


 The Authority shall be composed of the TESDA
Board and TESDA Secretariat.
SECTION 6. Composition
of the Authority


 — The TESDA Board shall be composed of the following:
 The Secretary of Labor and Employment Chairperson
 Secretary of Education, Culture and Sports - Co-
Chairperson
 Secretary of Trade and Industry - Co-Chairperson
 Secretary of Agriculture - Member
 Secretary of Interior and Local Government - Member
 Director-General of the TESDA Secretariat - Member
SECTION 7. Composition
of the TESDA Board


 In addition, the President of the Philippines shall appoint
the following members from the private sector: two (2)
representatives, from the employer/industry
organization, one of whom shall be a woman; three (3)
representatives, from the labor sector, one of whom shall
be a woman; and two (2) representatives of the national
associations of private technical-vocational education and
training institutions, one of whom shall be a woman. As
soon as all the members of the private sector are
appointed, they shall so organize themselves that the term
of office of one-third (1/3) of their number shall expire
every year. The member from the private sector
appointed thereafter to fill vacancies caused by expiration
of terms shall hold office for three (3) years


 The President of the Philippines may, however, revise the
membership of the TESDA Board, whenever the President
deems it necessary for the effective performance of the Board’s
functions through an administrative order.
 The TESDA Board shall meet at least twice a year, or as
frequently as may be deemed necessary by its Chairperson. In
the absence of the Chairperson, a Co-Chairperson shall preside.
In case any member of the Board representing the Government
cannot attend the meeting, he or she shall be regularly
represented by an undersecretary or deputy-director general, as
the case may be, to be designated by such member for the
purpose.
 The benefits, privileges and emoluments of the Board shall be
consistent with existing laws and rules.


 The Authority shall primarily be responsible for formulating, continuing,
coordinated and fully integrated technical education and skills
development policies, plans and programs taking into consideration the
following:
 a) the State policy declared herein of giving new direction and thrusts to
efforts in developing the quality of Filipino human resource through
technical education and skills development;
 b) the implementation of the above-mentioned policy requires the
coordination and cooperation of policies, plans, and programs of different
concerned sectors of Philippine society;
 c) equal participation of representatives of industry groups, trade
associations, employers, workers and government shall be made the rule in
order to ensure that urgent needs and recommendations are readily
addressed; and
 d) improved linkages between industry, labor and government shall be
given priority in the formulation of any national-level plan.
SECTION 8. Powers and
Functions of the Board.


The Board, shall have the following powers:
1) promulgate, after due consultation with industry groups, trade associations, employers,
workers, policies, plans, programs and guidelines as may be necessary for the effective
implementation of this Act;
2) organize and constitute various standing committees, subsidiary groups, or technical
working groups for efficient integration, coordination and monitoring technical education
and skills development programs at the national, regional, and local levels;
3) enter into, make, execute, perform and carry-out domestic and foreign contracts subject to
existing laws, rules and regulations;
4) restructure the entire sub-sector consisting of all institutions and programs involved in the
promotion and development of middle-level manpower through upgrading, merger and/or
phase-out following a user-led strategy;
5) approve trade skills standards and trade tests as established and conducted by private
industries;
6) establish and administer a system of accreditation of both public and private institutions;
7) establish, develop and support institutions’ trainors’ training and/or programs;
8) lend support and encourage increasing utilization of the dual training system as provided
for by Republic Act No. 7686;


9) exact reasonable fees and charges for such tests and trainings conducted and
retain such earnings for its own use, subject to guidelines promulgated by the
Authority;
10) allocate resources, based on the Secretariat’s recommendations, for the
programs and projects it shall undertake pursuant to approved National
Technical Education and Skills Development Plan;
11) determine and approve systematic funding schemes such as the Levy and
Grant scheme for technical education and skills development purposes;
12) create, when deemed necessary, an Advisory Committee which shall
provide expert and technical advice to the Board to be chosen from the academe
and the private sector: Provided, That in case the Advisory Committee is
created, the Board is hereby authorized to set aside a portion of its
appropriation for its operation; and
13) perform such other duties and functions necessary to carry out the
provisions of this Act consistent with the purposes of the creation of TESDA.


 The Authority shall review and recommend action to
concerned authorities on proposed technical
assistance programs and grants-in-aid for technical
education or skills development, or both, including
those which may be entered into between the
Government of the Philippines and other nations,
including international and foreign organizations,
both here and abroad.
SECTION 9. Power to Review
and Recommend Action


There is hereby created a Technical Education and Skills Development
Authority Secretariat which shall have the following functions and
responsibilities:
a) to establish and maintain a planning process and formulate a national
technical education and skills development plan in which the member-
agencies and other concerned entities of the Authority at various levels
participate;
b) to provide analytical inputs to policy decision-making of the
Authority on allocation of resources and institutional roles and
responsibilities as shall be embodied in annual agencies technical
education and skills development plans, in accordance with the
manpower plan for middle-level skilled workers as approved by the
Authority;
c) to recommend measures, and implement the same upon approval by
the Authority, for the effective and efficient implementation of the
national technical education and skills development plan;
SECTION 10. The
TESDA Secretariat


d) to propose to the Authority the specific allocation of resources for the
programs and projects it shall undertake pursuant to approved national
technical education and skills development plan;
e) to submit to the Authority periodic reports on the progress and
accomplishment of work programs of implementation of plans and policies for
technical educational and skills development;
f) to prepare for approval by the Authority an annual report to the President on
technical education and skills development;
g) to implement and administer the apprenticeship program as provided for in
Section 18 of this Act;
h) to prepare and implement upon approval by the Authority a program for the
training of trainers, supervisors, planners and managers as provided for in
Section 23 of this Act;
i) to enter into agreement to implement approved plans and programs and
perform activities as shall implement the declared policy of this Act; and
j) to perform such other functions and duties as may be assigned by the Board.


 The TESDA Secretariat shall be headed by a
Director-General, who shall likewise be a member of
the TESDA Board. The Director-General shall be
appointed by the President of the Philippines and
shall enjoy the benefits, privileges ad emoluments
equivalent to the rank of Undersecretary.
 As Chief Executive Officer of the TESDA Secretariat,
the Director-General shall exercise general
supervision and control over its technical and
administrative personnel
SECTION 11. Director-
General


 The Director-General shall be assisted by two (2)
Deputy Directors-General to be appointed by the
President of the Philippines on recommendation of
the TESDA Board. One to be responsible for
Vocational and Technical Education and Training
and one to be responsible for Policies and Planning.
 The Deputy Directors-General shall enjoy the
benefits, privileges and emoluments equivalent to
the rank of Assistant Secretary.
SECTION 12. Deputy
Director-General


 The Director-General shall also be assisted by a Chief
of Services for Administration who shall be a Career
Civil Service Official to be appointed by the TESDA
Board.
SECTION 13. Chief of Services
for Administration.


 The TESDA Secretariat, in addition to the offices of
the Director-General, Deputy Director-General and
Chief of Services for Administration shall be
composed of the following offices to be headed by an
Executive Director to be appointed by the Director-
General and shall have the rank and emoluments of
Director IV.
SECTION 14. Structural
Organization and Personnel.


a) Planning Office (PO) — The Planning Office shall be under the Office
of the Deputy Director-General and shall have the following functions:
1) to design and establish planning processes and methodologies which
will particularly enhance the efficiency of resource allocation decisions
within the technical education and skills development sector;
2) to lead in the preparation and periodic updating of a national plan for
technical education and skills development which shall become the basis
for resource allocation decisions within the sector;
3) to conduct researches, studies and develop information systems for
effective and efficient planning and policy-making within the sector;
4) to develop and implement programs and projects aimed at building
up planning capabilities of various institutions within the sector; and
5) to perform such other powers and functions as may be authorized by
the Authority.


b) Skills Standards and Certification Office (SSCO). — The Skills Standards and
Certification Office shall be under the office of the Deputy Director-General and
shall have the following functions:
1) to develop and establish a national system of skills standardization, testing
and certification in the country;
2) to design, innovate and adopt processes and methodologies whereby
industry groups and workers’ guilds take note on progressively the
responsibility of setting skills standards for identified occupational areas, and
the local government units actively participate in promoting skills standards,
testing and certification;
3) to establish and implement a system of accrediting private enterprises,
workers’ associations and guilds and public institutions to serve as skills testing
venues;
4) to conduct research and development on various occupational areas in order
to recommend policies, rules and regulations for effective and efficient skills
and standardization, testing and certification system in the country; and
5) to perform such other duties and functions as may be authorized.


c) National Institute for Technical Vocational and Education Training
(NITVET). — The National Institute for Technical Vocational and
Education Training to be under the office of the Deputy Director-
General and shall have the following functions:
1) to serve as the research and development arm of the government in
the field of technical-vocational education and training;
2) to develop curricula and program standards for various technical-
vocational education and training areas;
3) to develop and implement an integrated program for continuing
development of trainors, teachers and instructors within the technical
education and skills development sector;
4) to develop programs and projects which will build up institutional
capabilities within the sector; and
5) to perform such other powers and functions as may be authorized.


d) Office of Formal Technical Vocational Education and Training
(OFFVET). The Office of Formal Technical Vocational Education and
Training to be under the office of the Deputy Director-General and shall
have the following functions:
1) to provide policies, measures and guidelines for effective and efficient
administration of formal technical-vocational education and training
programs implementing by various institutions in the country;
2) to establish and maintain a system for accrediting, coordinating
integrating, monitoring and evaluating the different formal technical-
vocational education and training program vis-a-vis the approved
national technical education and skills development plan;
3) to establish and maintain a network of institutions engaged in
institutionalized technical-vocational education and training,
particularly with local government units; and

e) Office of the Non-Formal Technical-Vocational Education and Training (ONFTVET). — The Office of
the Non-Formal Technical-Vocational Education and Training to be under the Office of the Deputy
Director-General and shall have the following functions:
1) to provide direction, policies and guidelines for effective implementation of non-formal, community-
based technical-vocational education and training;
2) to accredit, coordinate, monitor and evaluate various non-formal technical-vocational education and
training programs implemented by various institutions particularly, by local government units;
3) to establish and maintain a network of institutions including local government units, non-government
organizations implementing non-formal, community-based technical-vocational education and training;
4) to perform such other powers and functions as may be authorized.
f) Office of Apprenticeship (OA). — The Office of Apprenticeship shall be under the Office of the Deputy
1) to provide direction, policies and guidelines on the implementation of the Apprenticeship system;
2) to accredit, coordinate, monitor and evaluate all apprenticeship schemes and program implemented by
various institutions and enterprises;
3) to establish a network of institutions and enterprises conducting apprenticeship schemes and programs;
4) to perform such other powers and functions


g) Regional TESDA Offices. — The Regional TESDA Offices shall be
headed by Regional Directors with the rank and emoluments of Director
IV to be appointed by the President.
The Regional TESDA Offices shall be under the direct control of the
1) to serve as Secretariat to Regional Technical Education Skills
Development (TESDA) Committees;
2) to provide effective supervision, coordination and integration of
technical education and skills development programs, projects and
related activities in their respective jurisdiction;
3) to develop and recommend TESDA programs for regional and local-
level implementation within the policies set by the Authority;
4) to perform such other duties and functions as may be deemed
necessary.


The Provincial Offices shall be headed by Skill Development Officers who shall
have the rank and emoluments of a Director III.
The Provincial TESDA Offices shall be under the direct control of the Director-
General and shall have the following functions:
1) to serve as Secretariat to Provincial TESDA Committees;
2) to provide technical assistance particularly to local government units for
effective supervision, coordination, integration and monitoring of technical-
vocational education and training programs within their localities;
3) to review and recommend TESDA programs for implementation within their
localities; and
Furthermore, the TESDA Secretariat may be further composed by such offices
as may be deemed necessary by the Authority. The Director-General shall
appoint such personnel necessary to carry out the objectives, policies and
functions of the Authority subject to Civil Service laws, rules and regulations.
SECTION 15. The
Provincial TESDA Offices


 The compensation and emoluments of the officials
and employees of the Authority shall be in
accordance with the salary standardization law and
other applicable laws under the national
compensation and classification plan.
SECTION 16. Compliance with
the Salaries Standardization Law


 In pursuing its objectives, the Authority is hereby
authorized to set aside a portion of its appropriation
for the hiring of services of qualified consultants, and
private organizations for research work and
publication in the field of technical education and
skills development. It shall avail itself of the services
of other agencies of the Government as may be
required.
SECTION 17. Consultants and
Technical Assistance, Publication
and Research.


 The Apprenticeship Program of the Bureau of Local
Employment of the Department of Labor and
Employment shall be transferred to the Authority
which shall implement and administer said program
in accordance with existing laws, rules and
regulations.
SECTION 18. Transfer of the
Apprenticeship Program.


 The Authority shall establish Technical Education and
Skills Development Committees at the regional and local
levels to coordinate and monitor the delivery of all skills
development activities by the public and private sectors.
These committees shall likewise serve as the Technical
Education and Skills Development Committees of the
Regional and local development councils. The
composition of the Technical Education and Skills
Development Committees shall be determined by the
Director-General subject to the guidelines to be
promulgated by the Authority.
SECTION 19. Technical Education
and Skills Development Committees


 The Authority shall strengthen the network of national,
regional and local skills training centers for the purpose
of promoting skills development.
 This network shall include skills training centers in
vocational and technical schools, technical institutes,
polytechnic colleges, and all other duly accredited public
and private dual system educational institutions. The
technical education and skills development centers shall
be administered and operated under such rules and
regulations as may be established by the Authority in
accordance with the National Technical Education and
Skills Development Plan.
SECTION 20. Skills
Development Centers


 The Authority shall formulate a comprehensive
development plan for middle-level manpower based on a
national employment plan or policies for the optimum
allocation, development and utilization of skilled workers
for employment entrepreneurship and technology
development for economic and social growth. This plan
shall, after adoption by the Authority, be updated
periodically and submitted to the President of the
Philippines for approval. Thereafter, it shall be the plan
for technical education and skills development for the
entire country within the framework of the National
Development Plan. The Authority shall direct the TESDA
Secretariat to call on its member-agencies, the private
sector and the academe to assist in this effort.
SECTION 21. Formulation of a
Comprehensive Development Plan for
Middle-Level Manpower.

The comprehensive plan shall provide for reformed industry-based training
program including apprenticeship, dual training system and other similar
schemes intended to:
a) promote maximum protection and welfare of the worker-trainee;
b) improve the quality and relevance and social accountability of technical
education and skills development;
c) accelerate the employment-generation efforts of the government; and
d) expand the range of opportunities for upward social mobility of the school-
going population beyond the traditional higher levels of formal education.
All government and non-government agencies receiving financial and technical
assistance from the government shall be required to formulate their respective
annual agency technical education and skills development plan in line with the
national technical education and skills development plan. The budget to support
such plans shall be subject to review and endorsement by the Authority to the
Department of Budget and Management.


 The Authority shall evaluate the efficiency and
effectiveness of agencies skills development program
and schemes to make them conform with the
quantitative and qualitative objectives of the national
technical education and skills development plan.


 There shall be national occupational skills standards to be
established by TESDA-accredited industry committees. The
Authority shall develop and implement a certification and
accreditation program in which private industry groups and
trade associations are accredited to conduct approved trade
tests, and the local government units to promote such trade
testing activities in their respective areas in accordance with the
guidelines to be set by the Authority.
 The Secretary of Labor and Employment shall determine the
occupational trades for mandatory certification.
 All certificates relating to the national trade skills testing and
certification system shall be issued by the Authority through
the TESDA Secretariat.
SECTION 22. Establishment and
Administration of National
Trade Skills Standards.


 The Authority shall design and administer training
programs and schemes that will develop the capabilities
of public and private institutions to provide quality and
cost-effective technical educational and skills
development and related opportunities. Such training
programs and schemes shall include teacher’s trainors’
training, skills training for entrepreneur development and
technology development, cost-effective training in
occupational trades and related fields of employment,
and value development as an integral component of all
skills training programs.
SECTION 23. Administration
of Training Programs.


 The Authority shall assist any employer or
organization engaged in skills training schemes
designed to attain its objectives under rules and
regulations which the Authority shall establish for
this purpose.
SECTION 24. Assistance to
Employers and Organizations.


 In order to integrate the national skills development
efforts, all technical education and skills training schemes
as provided for in this Act shall be coordinated with the
Authority particularly those having to do with the setting
of trade skills standards. For this purpose, existing
technical education and skills training programs in the
Government and in the private sector, specifically those
wholly or partly financed with government funds, shall
be reported to the Authority which shall assess and
evaluate such programs to ensure their efficiency and
effectiveness.
SECTION 25. Coordination of
All Skills Training Schemes


 The Authority shall establish effective and efficient
institutional arrangements with industry boards and
such other bodies or associations to provide direct
participation of employers and workers in the design
and implementation of skills development schemes,
trade skills standardization and certification and
such other functions in the fulfillment of the
Authority’s objectives.
SECTION 26. Industry
Boards.


 The Authority shall develop and administer
appropriate incentives schemes to encourage
government and private industries and institutions
to provide high-quality technical education and
skills development opportunities.
SECTION 27. Incentives
Schemes.


 The Authority shall design and implement an
effective and efficient delivery system for quality
technical education and skills development
opportunities particularly in disadvantaged sectors,
with new tools of wealth creation and with the
capability to take on higher value-added gainful
activities and to share equitably in productivity
gains.
SECTION 28. Skills
Development Opportunities.


 In establishing the delivery system provided for in the
preceding Section, the Authority shall formulate,
implement and finance a specific plan to develop the
capability of local government units to assume ultimately
the responsibility for effectively providing community-
based technical education and skills development
opportunities: Provided, however, That there shall be
formulated and implemented, an effective and timely
retraining of TESDA personnel that would be affected by
the devolution to ensure their being retained if the
concerned local government units would not be able to
absorb them.
SECTION 29. Devolution of
TESDA’s Training Function to
Local Governments. —


 To promote quality skills development in the
country and with the view of participating in
international skills competitions, the Authority, with
the active participation of private industries, shall
organize and conduct annual National Skills
Olympics. The Authority, through the TESDA
Secretariat, shall promulgate the necessary rules and
guidelines for the effective and efficient conduct of
Annual National Skills Olympics and for the
country’s participation in international skills
Olympics.
SECTION 30. Skills
Olympics.


 A TESDA Development Fund is hereby established,
to be managed/administered by the Authority, the
income from which shall be utilized exclusively in
awarding of grants and providing assistance to
training institutions, industries, local government
units for upgrading their capabilities and to develop
and implement training and training-related
activities.
SECTION 31. The TESDA
Development Fund.


 The contribution to the fund shall be the following:
 a) a one-time lump sum appropriation from the
National Government;
 b) an annual contribution from the Overseas
Workers Welfare Administration Fund, the amount
of which should be part of the study on financing in
conjunction with letter (D) of Section 34;
 c) donations, grants, endowments, and other
bequests or gifts, and
 d) any other income generated by the Authority.


 The TESDA Board shall be the administrator of the fund,
and as such, shall formulate the necessary implementing
guidelines for the management of the fund, subject to the
following: a) unless otherwise stipulated by the private
donor, only earnings of private contributions shall be
used; and b) no part of the seed capital of the fund,
including earnings, thereof, shall be used to underwrite
expenses for administration.
 The Board shall appoint a reputable government-
accredited investment institution as fund manager,
subject to guidelines promulgated by the Board.


 The Authority shall adopt a system of allocation and
funding of scholarship grants which shall be
responsive to the technical education and skills
development needs of the different regions in the
country.
SECTION 32.
Scholarship Grants


 The amount necessary to finance the initial
implementation of this Act shall be charged against
the existing appropriations of the NMYC and the
BTVE. Thereafter, such funds as may be necessary
for the continued implementation of this Act shall be
included in the annual General Appropriations Act.
SECTION 33. TESDA
Budget


 a) Within two (2) months after the approval of this Act, the
President shall, in consultation with the Secretary of Labor and
Employment and the Secretary of Education, Culture and Sports,
appoint the private sector representatives of the TESDA Board.
 b) Within three (3) months after the appointment of the private
sector representatives, the President shall, upon the
recommendation of the Board, appoint the Director-General.
 c) Within four (4) months after the appointment of the Director-
General, the Board shall convene to determine the organizational
structure and staffing pattern of the Authority.
 d) Within one (1) year after the organization of the Authority, the
Board shall commission an expert group on funding schemes for
the TESDA Development Fund, as provided in Section 31, the
results of which shall be used as the basis for appropriate action by
the Board.
SECTION 34. Transitory
Provisions


 e) The personnel of the existing National Manpower and Youth Council
(NMYC) of the Department of Labor and Employment and the Bureau of
Technical and Vocational Education (BTVE) of the Department of
Education, Culture and Sports, shall, in a holdover capacity, continue to
perform their respective duties and responsibilities and receive their
corresponding salaries and benefits until such time when the
organizational structure and staffing pattern of the Authority shall have
been approved by the Board: Provided, That the preparation and approval
of the said new organizational structure and staffing pattern shall, as far as
practicable, respect and ensure the security of tenure and seniority rights of
affected government employees.
 Those personnel whose positions are not included in the new staffing
pattern approved by the Board or who are not reappointed or who choose
to be separated as a result of the reorganization shall be paid their
separation or retirement benefits under existing laws.


 Every five (5) years, after the effectivity of this Act,
an independent review panel composed of three (3)
persons appointed by the President shall review the
performance of the Authority and shall make
recommendations, based on its findings to the
President and to both Houses of Congress.
SECTION 35. Automatic
Review.


 The TESDA Board shall issue, within a period of ninety
(90) days after the effectivity of this Act, the rules and
regulations for the effective implementation of this Act.
 The TESDA Board shall submit to the Committees on
Education, Arts and Culture of both Houses of Congress
copies of the implementing rules and guidelines within
thirty (30) days after its promulgation.
 Any violation of this Section shall render the official/s
concerned liable under R.A. No. 6713, otherwise known
as the “Code of Conduct and Ethical Standards for Public
Officials, and Employees” and other existing
administrative and/or criminal laws.
SECTION 36. Implementing
Rules and Guidelines


 All laws, presidential decrees, executive orders,
presidential proclamation, rules and regulations or
parts thereof contrary to or inconsistent with this Act
are hereby repealed or modified accordingly.
SECTION 37. Repealing
Clause


 If any provision of this Act is declared
unconstitutional, the same shall not affect the
validity and effectivity of the other provisions
hereof.
SECTION 38.
Separability Clause


 This Act shall take effect fifteen (15) days after its
complete publication in two (2) newspapers of
general circulation.
Approved: August 25, 1994
SECTION 39. Effectivity
Clause

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