Department: Technical Education and Training
Subject:
GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
No. 633-L. Dated 28th April, 2005.
NOTIFICATION
West Bengal Act VII of 2005
THE WEST BENGAL STATE COUNCIL OF VOCATIONAL EDUCATION AND TRAINING ACT, 2005.
An Act to provide for the establishment of an autonomous State Council of Vocational Education and Training in West Bengal.
Whereas it is expedient to establish a State Council of Vocational Education and Training in West Bengal in order to develop the standard of vocational education and training in West Bengal and to make that standard at par with the standard prevailing at All-India Level, to implement programme of strengthening the vocational education and training, and to monitor the performance of the affiliated institutions;
It is hereby enacted in the Fifty-sixth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
CHAPTER I
Preliminary
1. Short title and commencement.
(1) This Act may be called the West Bengal State Council of Vocational Education and Training Act, 2005.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions.
In this Act, unless the context otherwise requires,-
(a) “affiliated”, in relation to an institution, means affiliated to the Council under this Act;
(b) “Council” means the West Bengal State Council of Vocational Education and Training established under sub-section (1) of section 3 of this Act;
(c) “Fund” means the West Bengal State Council of Vocational Education and Training Fund referred to in sub-section (1) of section 21;
(d) “Institution” means a Polytechnic Institute, Industrial Training Institute, Industrial Training Centre, School, etc. in which instruction is provided for courses of study in Vocational Education and Training leading to secondary and higher secondary courses of the Council;
(e) “member” means a member of the Council, and includes the President and the Secretary;
(f) “notification” means a notification published in the Official Gazette;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “President” means the President of the Council;
(i) “recognised”, in relation to an affiliated institution, means recognised by the West Bengal State Council of Vocational Education and Training;
(j) “regulation” means a regulation made by the Council under this Act;
(k) “vocational education and training” means a systematic course of instruction and training in the field of engineering, technology, agriculture, dairy and poultry, paramedical, social science, applied arts and crafts or such other subject as the State Government, in consultation with the Council, may, by notification, declare;
(l) “vocational institution” means an educational institution in which instruction is provided for courses of study in the field of engineering, technology, agriculture, dairy and poultry, paramedical, social science, applied arts and crafts and such other subject leading to any pre or post vocational certificate, and includes such other institutions as the State Government, in consultation with the Council, may, by notification, declare as vocational institutions.
CHAPTER II
The Council
3. Establishment, incorporation and jurisdiction of Council.
(1) The State Government shall, as soon as may be after the commencement of this Act, establish a Council to be called the West Bengal State Council of Vocational Education and Training.
(2) The Council shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, to enter into contracts and to do all other things necessary for the purposes of this Act, and shall by its name sue and be sued.
(3) The head office of the Council shall be located at Kolkata and the Council may, with the prior approval of the State Government, establish offices at any other places in West Bengal.
(4) On and after the commencement of this Act, the Council shall be solely authorised and responsible for conduct of vocational education and training at all levels in West Bengal.
4. Composition of Council.
The Council shall consist of the following members: –
(a) President, who shall be appointed by the State Government;
(b) ex officio members
(i) the Secretary, Department of Technical Education and Training, Government of West Bengal, or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(ii) the Vice-Chairman, West Bengal State Council of Technical Education;
(iii) the President, West Bengal Council of Higher Secondary Education;
(iv) the President, West Bengal Board of Secondary Education;
(v) the President, West Bengal Board of Madrasah Education;
(vi) the Secretary, Finance Department, Government of West Bengal, or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(vii) the Director of Technical Education and Training, Government of West Bengal;
(viii) the Director of Industrial Training, Government of West Bengal;
(ix) the Director of School Education, Government of West Bengal;
(x) the Secretary of the Council, who shall be the Member-Secretary and shall be appointed by the State Government;
(c) other members
(i) one person to be nominated by the State Government from amongst the vocational or technical experts connected with any industry;
(ii) four whole-time permanent members of the staff of institutions, to be nominated in such manner as the State Government may specify, of whom-
(A) two shall be Heads of Institutions;
(B) two shall be teachers of Institutions;
(iii) one representative from West Bengal University of Technology to be nominated by the Vice-Chancellor of that University;
(iv) one representative from Bidhan Chandra Krishi Viswavidyalaya to be nominated by the Vice-Chancellor of that Viswavidyalaya;
(v) one representative from West Bengal University of Animal and Fishery Sciences to be nominated by the Vice-Chancellor of that University;
(vi) one representative from a professional institute,
(vii) one representative from the National Council of Educational Research and Training, New Delhi;
(viii) one representative of the State Planning Board,
(ix) one representative of the Pandit Sundar Lai Sharma Central Institute of Vocational Education, Bhopal;
(x) one representative of the State Council of Educational Research and Training, West Bengal;
(xi) one representative of the State Medical Faculty;
(xii) one representative of the Federation of Small and Medium Industries (FOSMI);
(xiii) two members of the West Bengal Legislative Assembly to be nominated by the Speaker, West Bengal Legislative Assembly.
5. Issue of appointment letter and publication of names of appointed or nominated members.
(1) The State Government shall issue the appointment letter to the President and other members (other than ex officio members) who has been appointed or, as the case may be, nominated under section 4.
(2) The name of every person appointed or, as the case may be, nominated under section 4 as a member of the Council shall, as soon as may be after such appointment or nomination is made, be published in the Official Gazette.
6. Terms of office of members of Council.
(1) Subject to the provisions of this Act, an appointed or nominated member of the Council shall hold office for a term of five years or until he attains the age of 65 years, whichever is earlier, from the date on which his name is published under section 5 and may, on the expiry of such term, be re-appointed or re-nominated:
Provided that the State Government shall, if it considers necessary so to do in the public interest, make any appointment under this sub-section for a term of less than five years.
(2) Notwithstanding the expiry of the term of five years specified in sub-section (1), an appointed or nominated member of the Council shall continue to hold office until the vacancy caused by the expiry of the said term has been filled up in accordance with the provisions of this Act.
7. Casual vacancy.
If any casual vacancy occurs in the office of the President or any other member (other than ex officio member), whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity or for any other reason, such vacancy shall be filled up by a fresh appointment or nomination under section 4, and the President or other appointed or nominated member shall hold office for the remaining period for which the person, in whose place he is so nominated or appointed, would have held office as the President, or appointed or nominated member, as the case may be.
8. Terms and conditions of service of President and other members.
(1) No person who has attained the age of sixty-five years shall be eligible to be appointed as President.
(2) The President or any other member (other than ex officio member) shall, who incur any disqualification under the rules prescribed for the purpose, cease to hold the office of President or member.
(3) The President or any other member (other than er officio member) may resign his office by writing under his hand addressed to the State Government, and every such resignation shall take effect from the date on which it is accepted by the State Government.
(4) The President or any other member (other than ex officio member) shall not be removed from his office except by an order of the State Government on the ground of wilful omission or refusal to carry out the provisions of this Act or abuse of the powers vested on him and aftei such inquiry, as may be ordered by the State Government, such President or other member, as the case may be, shall be given an opportunity of making his representation against such removal.
(5) When a person is qualified to be a member of the Council by virtue of his representing a particular institution or interest, he shall cease to be a member of the Council when he ceases to represent such institution or interest.
(6) The office of the President and the Member-Secretary shall be whole-time and salaried, and the other terms and conditions of service of the President and other members shall, subject to the provisions of this sub-section, be such as may be prescribed.
(7) The President and the Member-Secretary shall exercise such powers, and perform such functions, as may be prescribed.
9. Meetings of Council.
The Council shall meet at such times and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be provided by regulations made under this Act.
10. Vacancies amongst members or defect in constitution not to invalidate acts or proceedings of Council.
No act or proceedings of the Council shall be invalid by reason of any vacancy in, or any defect in the constitution of, the Council.
11. Temporary association of persons with Council for particular purpose.
(1) The Council may associate with itself, in such manner and for such purpose as may be prescribed, any person whose assistance or advice is required for carrying out its work.
(2) A person associated with it by the Council under sub-section (1) for any purpose shall have the right to take part in the discussions relevant to such purpose but shall not have the right to vote at a meeting of the Council, and shall not be a member for any other purpose.
(3) The Council may associate with itself members of medical, engineering and agricultural universities and such other expert bodies as the State Government may, by order, specify with a view to developing co-ordination among the Various Universities.
12. Staff of Council.
(1) The Council shall have a Secretary who shall be appointed by the State Government.
(2) The Council may, with the previous approval of the State Government, appoint such officers (other than Secretary) and other employees in the manner as may be prescribed.
(3) The classification, methods of recruitment, conditions of service, pay and allowances, disciplinary conduct and functions and responsibilities of the officers and other employees referred to in sub-section (2) shall be such as may be provided by regulations.
(4) Subject to the general control and supervision of the President, the Secretary shall be-
(a) the principal administrative officer of the Council,
(b) entitled to attend and speak at any meeting of the Council, and
(c) entitled to vote.
13. Authentication of orders and other instruments of Council.
All orders and decisions of the Council shall be authenticated by the signature of the President or any other member authorised by the Council in this behalf, and all other instruments issued by the Council shall be authenticated by the signature of the Secretary or any other officer of the Council authorised in the like manner in this behalf.
14. Allowance.
Every member of the Council or of any committee, sub-committee or board constituted under this Act, who is not in the service of the State Government, shall, in respect of expenses incurred by him in attending meetings of the Council or of any such committee, sub-committee or board or in exercising any powers or performing any duties conferred or imposed upon him by or under this Act, be paid by the Council such allowances, and at such rates, as may be prescribed.
CHAPTER III
Powers and functions of the Council
15. Powers and functions of Council.
(1) Subject to the provisions of this Act, the Council shall perform the following functions: –
(i) to grant or refuse recognition to Institutions, and to withdraw such recognition, if it thinks fit, after considering the recommendations of the Recognition Committee, if any, in accordance with such regulations as may be made in this behalf;
(ii) to maintain a register of recognised Institutions;
(iii) to provide by regulations, after considering the recommendation of the Board of Studies, the curricula, the syllabi, the courses of studies, the books to be studied, instructional materials and teaching aids to be followed in recognised Institutions and for examinations instituted by the Council;
(iv) to undertake, if necessary, with the approval of the State Government, the preparation, publication or sale of news bulletin, text-books and other books for use in recognised Institutions;
(v) to maintain and publish, from time to time, list of books approved for use in recognised Institutions and for examinations instituted by the Council and to remove the name of any such book from any such list;
(vi) to make regulations regarding the conditions to be fulfilled by candidates presenting themselves for examinations instituted by the Council;
(vii) to publish results of the examinations instituted by the Council and to award diplomas, certificates, prizes and scholarships in respect thereof;
(viii) to undertake planning, monitoring and evaluation in various fields of vocational education and training, collect data of all related matters and make forecast on required growth and development in vocational education and training,
(ix) to expand the scope of vocational education and training for students passing out from class VIII or above;
(x) to formulate scheme to offer vocational courses at different levels or tiers with evaluation and certification for each level or tier;
(xi) to evolve suitable procedures so that vocational studies contain bridge courses for general studies and that the students studying in vocational stream may avail the scope of general studies, if they so desire;
(xii) to take steps for approval, recognition and equivalence of certificates issued by the Council or by other States or by the Government of India,
(xiii) to obtain assistance, guidance, co-operation from financial institutions, different organisations of commerce and industry and other institutions engaged in conduct of vocational courses;
(xiv) to promote an effective link between vocational education and training system and the matters connected therewith including research and development of organisations, industry and service sector;
(xv) to evolve suitable performance appraisal systems for institutions imparting vocational education and training, incorporating norms and mechanisms for enforcing accountability;
(xvi) to lay down norms and standards for courses of studies, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment and examinations;
(xvii) to take all necessary steps to prevent commercialisation of vocational education and training;
(xviii) to provide guidelines for admission of students to vocational institutions;
(xix) to inspect or cause inspection of any vocational institutions on regular basis as also for the purpose of accreditation of institutions;
(xx) to advise the State Government on all matters relating to vocational education and training in West Bengal;
(xxi) to institute and award scholarships, studentships, and to award prizes and distinction certificates;
(xxii) to co-operate and collaborate, in such manner as it may deem fit, with any body or authority, established under any law for the time being in force, in promoting general or vocational education and training;
(xxiii) to administer the fund;
(xxiv) to institute and administer such Provident Fund of the staff of the Council as may be prescribed;
(xxv) to make regulations relating to conduct, discipline and appeal in respect of the members of the staff of the Council;
(xxvi) to allow transfer of students from one institute to another;
(xxvii) to delegate, by notification, to any recognised vocational institution such of its powers, and on such conditions, as it may think fit;
(xxviii) to exercise such other powers, and to perform such other functions, as may be assigned to it by the State Government under this Act for carrying out the purposes of this Act;
(xxix) to provide by regulations, after considering the recommendations of the Board of Examinations, if any, the rates of remuneration to be paid to the paper-setters, moderators, tabulators, examiners, invigilators, supervisors and others employed in connection with the examinations instituted by the Council, and the fees to be paid by the candidates for such examinations and rate of centre charges,
(xxx) to grant or refuse permission to candidates to appear at examinations instituted by the Council and to withdraw such permission, if it thinks fit, in accordance with such regulations as may be made in this behalf,
(xxxi) to provide by regulations the procedure for filing and disposal of appeals by the members of the teaching and non-teaching staff against the decision of the managing committee of recognised vocational institutions and maintenance of grievance redressal cell;
(xxxii) to decide on any other function considered relevant for implementation of the activities of the Council.
(2) Subject to the provisions of sub-section (1), the Council shall have the power to make regulations in respect of any matter for the proper exercise of its powers under this Act.
(3) No regulation shall be valid unless it is approved by the State Government, and the State Government may, while according such approval, make such additions, alterations or modifications therein as it thinks fit:
Provided that before making such additions, alterations or modifications, the State Government shall give the Council an opportunity to express its views thereon within such period, not exceeding one month, as may be specified by the State Government.
(4) All regulations approved by the State Government shall be published in the Official Gazette.
16. Powers and functions of President.
(1) The President shall be responsible for carrying out and giving effect to the decisions of the Council and of any committe