The Chhattisgarh Right of Youth to Skill Development Act, 2013
The Chhattisgarh Right of Youth to Skill Development Act, 2013
1. Short title, extent and commencement
(1) This Act may be called the Chhattisgarh Right of Youth to Skill Development Act, 2013. (2) It extends to the whole of the State of Chhattisgarh. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions
In this Act, unless the context otherwise requires,— (a) "Youth" means a person who has attained the age of 14 years and has not completed the age of 45 years; (b) "Skill Development" means training in any trade or profession, for the purpose of enhancing the potential of youth for self-employment or wage employment and includes training for skill upgradation; (c) "Eligible Youth" means a youth who resides in the State of Chhattisgarh and fulfills such conditions as may be prescribed; (d) "Prescribed" means prescribed by Rules made under this Act; (e) "State Government" means the Government of Chhattisgarh; (f) "Notification" means a notification published in the Official Gazette; (g) "Section" means a section of this Act; (h) "Empowered Committee" means the Committee constituted by the State Government for the purposes of this Act; (i) "Skill Development Programme" means any programme relating to skill development approved by the State Government; (j) "Training Provider" means any institution, agency or organization, whether government, private or non-government, which is recognized by the State Government to impart skill development training; (k) "Skill Development Fund" means the fund constituted for the purpose of this Act; (l) "Apprentice" means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship under the Apprentices Act, 1961 (No. 52 of 1961) or under any scheme of the State Government; (m) Words and expressions used but not defined in this Act shall have the meanings respectively assigned to them in the relevant laws. In this Act, unless the context otherwise requires,— (a) "Block" means a Community Development Block or a Tribal Development Block, as the case may be, which has been notified by the State Government for the purposes of rural development or tribal development; (b) "Central Government" means the Government of India; (c) "Chief Executive Officer" means the Chief Executive Officer of the Chhattisgarh State Skill Development Authority; (d) "District Authority" means the District Skill Development Authority notified by the State Government for the purposes of this Act; (e) "District Planning Committee" means the District Planning Committee as defined in the Article 243-ZD of the Constitution of India; (f) "Executive Committee" means the Executive Committee of the Governing Council; (g) "Governing Council" means the Governing Council of the Chhattisgarh State Skill Development Authority; (h) "Schedule" means a schedule appended to this Act; (i) "Skill" means a skill recognized by the State Authority for which a person is suitable by education, prior knowledge, aptitude, experience, practice, tradition or family occupation, as the case may be, which has been standardized and recognized by the State authority; (j) "State" means the State of Chhattisgarh; (k) "State Authority" means the Chhattisgarh State Skill Development Authority, to be notified by the State Government, for the purposes of this Act; (l) "State Government" means the Government of Chhattisgarh; (m) "Third Party Assessor" means an assessor of skill levels, not associated with the Vocational Training Provider where the youth being assessed for skill level is being trained and, so recognized by the State Authority; (n) "Training" means training imparted to youth for the purposes of skill development; (o) "Vocational Training Provider" means an individual, an institution, an industry a micro or small enterprise, an association of persons, a Government or Non Government Organization or a business having capacity to train, as may be prescribed, registered with the State Authority for training in skills; (p) "Youth" means a person who is a resident of the State and is not below the age of 14 years and not above the age of 45 years on the date of submission of an application for skill development. After clause (g) of Section 2 of the Chhattisgarh Right of Youth to Skill Development Act, 2013 (No. 17 of 2013), (hereinafter referred to as the Principal Act), the following shall be inserted, namely:-"(gg) "Livelihood College Society" means the society registered under the Chhattisgarh Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973), vide registration No. 4808, dated 14th July, 2014, and shall include its successors;" After clause (g) of Section 2 of the Chhattisgarh Right of youth to Skill Development Act, 2013 (No. 17 of 2013), (hereinafter referred to as the Principal Act), the following shall be inserted, namely :- "(gg) "Livelihood College Society" means the society registered under the Chhattisgarh Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973), vide registration No. 4808, dated 14th July, 2014, and shall include its successors;"
3. Right of Youth to Skill Development
(1) Every eligible youth shall have a right to skill development in accordance with the provisions of this Act. (2) The State Government shall make necessary arrangements for providing skill development training to such eligible youth as per the provisions of this Act. (1) No youth shall be denied opportunity to get skilled in a vocation of choice from amongst the skills, as notified by the State Authority, subject to possessing such eligibility as mentioned in the notification. (2) Notwithstanding anything contained in this section or under any provision of this Act, the right to get skilled in a vocation of choice shall be deemed to have been extinguished, if the youth is not declared successful by the Third Party Assessor or fails to satisfactorily complete the relevant training: Provided that a youth may make an application for developing multiple skills, if a District Authority or the State Authority, as the case may be, has exhausted all eligible applications for skill development in such skill(s) at the time of submission of the application. In Section 7 of the Principal Act-(i) For sub-clause (5) of clause (a), the following shall be substituted, namely :-"(5) Secretaries to the State Government, by whatever designation called, in-charge of the Departments of Agriculture, Animal Husbandry, Energy, Finance, Forest, Public Health and Family Welfare, Medical Education, Higher Education, Commerce and Industry, Electronics and Information Technology, Labour, Mining, Panchayat and Rural Development, Rural Industries, Scheduled Tribes and Scheduled Castes Development, School Education, Social Welfare, Technical Education, Manpower Planning, Tourism, Urban Administration, and Woman and Child Development, shall be members (ex-officio);" (ii) After sub-clause (5) of clause (a), the following shall be inserted, namely:-"(SA) Chief Executive Officer of the Livelihood College Society shall be a member (ex-officio);" (iii) For sub-clause (1) of clause (b), the following shall be substituted, namely :-"(1) Four persons of eminence with background in industry, trade and commerce, skill development and livelihood programmes, among whom: one shall be a woman, and one shall be from the State;" (iv) Sub-clause (2) and (3) of clause (b) shall stand omitted. (v) For clause (c), the following shall be substituted, namely :-"(c) Two members of the State Legislative Assembly nominated by the Speaker shall be members (ex-officio)." In Section 7 of the Principal Act- (i) For sub-clause (5) of clause (a), the following shall be substituted, namely :- '(5) Secretaries to the State Government, by whatever designation called, in-charge of the Departments of Agriculture, Animal Husbandry Energy, Finance, Forest, Public Health and Family Welfare, Medical Education, Higher Education, Commerce and Industry Electronics and Information Technology, Labour Mining, Panchayat and Rural Development, Rural Industries, Scheduled Tribes and Scheduled Castes Development, School Education, Social Welfare, Technical Education, Manpower Planning, Tourism, Urban Administration, and Woman and Child Development, shall be members (ex-officio);' (ii) After sub-clause (5) of clause (a), the following shall be inserted, namely :- "(5A) Chief Executive Officer of the Livelihood College Society shall be a member (ex-officio)" (iii) For sub-clause (1) of clause (b), the following shall be substituted, namely :- '(1) Four persons of eminence with background in industry trade and commerce, skill development and livelihood programmes, among whom: one shall be a woman, and one shall be from the State;' (iv) Sub-clause (2) and (3) of clause (b) shall stand omitted. (v) For clause (c), the following shall be substituted, namely :- "(c) Two members of the State Legislative Assembly nominated by the Speaker shall be members (ex-officio)."
4. Application for Skill Development
(1) An eligible youth desirous of obtaining skill development training shall apply to the designated authority in the prescribed form. (2) Upon receipt of such application, the designated authority shall, after verifying the eligibility of the applicant, register the youth in the skill development register and issue an acknowledgement. (1) In exercise of the right to skill development, a youth may make an application, to the District Authority or to an officer designated by the State Authority for this purpose in the Performa as prescribed in Schedule of this Act, and the District Authority or the officer designated by the State authority shall identify a Vocational Training Provider and inform the applicant of the same within a maximum period of 90 days from the date of receipt of application: Provided that where the Vocational Training Provider, identified under this sub-section, is situated outside the limits of the Block but within the limits of the District and in the opinion of the District Authority the distance between the Vocational Training Provider and the ordinary residence of the applicant is such that commuting to and from the Vocational Training Provider is beyond the capacity of the applicant then the District Authority shall make such arrangements for providing residential accommodation during the period of training, as may be required on such terms as the District Authority may determine: Provided further that where the Vocational Training Provider is situated outside the limits of the District, the District Authority shall refer the application to the State Authority, which shall thereafter make such arrangements as are necessary, in consultation with the District Authority in whose district the Vocational Training Provider identified for training is situated. (2) An application made to the District Authority under sub-section (1) of this section may be modified by the applicant where the applicant is found by the District Authority to be suitable for development of a skill other than the one applied for, or where the minimum number of applicants are not available to commence training in such skill as notified under the regulations for the purpose. After clause (c) of Section 8 of the Principal Act, the following shall be inserted, namely:-"(cc) Chief Executive Officer of the Livelihood College Society shall be a member (ex-officio);" After clause (c) of Section 8 of the Principal Act, the following shall be inserted, namely :- "(cc) Chief Executive Officer of the Livelihood College Society shall be a member (ex-officio);"
5. Obligations of the State Government
The State Government shall, subject to availability of resources, take such measures as it deems necessary to provide skill development training to eligible youth through recognized training providers. Every youth enrolled for development of a skill shall be certified by the State Authority to possess such skill only after having satisfactorily completed the relevant training by a Vocational Training Provider and after having been examined and declared successful by a Third Party Assessor. In Section 9 of the Principal Act-(i) For clause (3), the following shall be substituted, namely:-"(3) Assistant Director, Chhattisgarh State Skill Development Authority (district in charge), or the District Skill Development Officer of the District Authority, shall be the Member-Secretary (ex-officio): Provided that in the event of any vacancy, including a temporary vacancy, in both the said posts, by reason of death, resignation, leave or illness, or otherwise, the District Collector may entrust to any officer of the State Government or of any agency thereof, the functions of the Member-Secretary, till the date on which an officer enters upon either of the said posts;" (ii) After clause (3), the following shall be inserted, namely:-"(3A) Principal or Assistant Project Officer of each of the Livelihood Colleges situated in the district shall be a members (ex-officio);"
6. Empowered Committee
The State Government may constitute an Empowered Committee to oversee, monitor and ensure implementation of the provisions of this Act. There shall be a State Authority known by the name of Chhattisgarh State Skill Development Authority in the State of Chhattisgarh to implement the provisions of this Act which shall be a body corporate having a perpetual succession and a common seal and may by the said name sue or be sued: Provided that the Chhattisgarh State Skill Development Mission registered as a society under the Chhattisgarh Societies Registration Act, 1973 (No. 44 of 1973), existing on the date of commencement of this Act, shall stand dissolved and all assets and liabilities of the Chhattisgarh State Skill Development Mission shall be deemed to be the assets and liabilities of the State Authority: Provided further that any contractual obligations on the part of the Chhattisgarh State Skill Development Mission or accruing to it, including those in respect of employees, shall deemed to be an obligation of the State Authority or accruing to it, as the case may be. In Section 12 of the Principal Act-(i) In clause (g), after the words and punctuation "purposes of this Act;", the word "and" shall stand deleted. (ii) After clause (g), the following shall be inserted, namely:-"(gg) To perform such other functions, not being inconsistent with the purposes of this Act, as assigned to it by the State Government; and"
7. Recognition of Training Providers
The State Government shall, by rules, specify the criteria and procedure for the recognition of training providers, considering the guidelines issued under the National Skill Development Policy and the Apprentices Act, 1961 (No. 44 of 1973). There shall be a Governing Council to exercise supervision and control over the activities of the State Authority and to evolve guidelines on policies to be pursued by it with the following composition:— (a) (1) Chief Minister of the State shall be the Chairperson (Ex-Officio); (2) Ministers in-charge of— (i) Technical Education & Manpower Planning, (ii) Labour, and (iii) Sports and Youth Welfare Development shall be the members (Ex-Officio); (3) Vice Chairperson of State Planning Commission shall be the Member (Ex-Officio); (4) Chief Secretary of the State Government shall be Member (Ex-Officio); (5) Secretaries to the State Government (by whatever designation called), in charge of the departments of Agriculture and Allied Sectors, Aviation, Energy, Finance, Forests, Health and Medical Education, Higher Education, Housing and Environment, Industries, Information Technology and Bio-technology, Internal Security, Media and Information, Mining, Panchayat and Rural Development, Public Works, Rural Industries, Scheduled Tribes, Scheduled Castes and Other Backward Classes Welfare, School Education, Social Welfare, Technical Education and Manpower Planning, Tourism, Urban Development, Woman and Child Development and Youth Welfare shall be the members (Ex-officio); There shall be a Governing Council to exercise supervision and control over the activities of the State Authority and to evolve guidelines on policies to be pursued by it with the following composition :-
(a) (1) Chief Minister of the State shall be the Chairperson (Ex-Officio);
(2) Ministers in-ch1rge of- (i) Technical Education & Manpower Planning, (ii) Labour, and (iii) Sports and Youth Welfare Development shall be the members (Ex-Officio);
(3) Vice Chaiµerson of Slate Planning Commission shall be the Member (Ex-Officio);
(4) Chief Secretary of the State Government shall be Member (Ex-Officio);
(5) Secretaries to the State Government (by whatever designation called), in charge of the departments of Agriculture and Allied Sectors, Aviation, Energy, Finance, Forests, Health and Medical Education. Higher Education, Housing and Environment, Industries, Information Technology and Bio-technology, Internal Security, Media and Information, Mining, Panchayat and Rural Development, Public Works, Rural Industries, Scheduled Tribes, Scheduled Castes and Other Backward r:lasses Welfare, School Education, Social Welfare, Technical Education and Manpower Planning, Tourism, Urban Development, Woman and Child Development and Youih Welfare shall be the members (Ex-officio);
(6) Three chairpersons, by rotation, of District Authorities shall be members (Ex-officio); and
(7) Chief E~ecuti've Officer of the State Authority shall be the Member-Secretary.
(b) In addition to the ex-officio members, mentioned in clause (a) of this Section, following shall also be nominated by the State Government as membe rs:
(1) Three persons of eminence, one of whom shall be a woman, with background in industry, trade and commerce;
(2) Three persons of erp.inence, one of whom shall be a woman, with background in skill development and livelihood progr.ammes;
(3) Three persons from the State, one of whom shall be a woman, 'who have contributed substantially to skill development;
(4) Five persons, one of whom shall be a woman, representing educational institutions, engaged in the field of technical, agricultural, m'edical, vocational and management education;
(5) One person, being differently-abi~d, representing the interests of youth with disabilities involved in d.tiveloping skills;
(6) Three Persons representing Vocational Training Providers; and
(7) One person representing recognized organiiation of youth iri the State.
(c) Five members of the State Legislative Assembly, out of whom one member each shall be from the Sche1duled Castes, the Scheduled Tribes, and ihe Other Backward Classes, shall be nominated by the Speaker of the State Legislative Assembly, shall be members (Ex-officio).
(d) The Governing Council may extend invitations to such number of experts or other officers of Central Government or State Government, as it may deem fit, who in its opinion can contribute to its deliberations. In Section 13 of the Principal Act-(i) In clause (p), after the words and punctuation "in respect of the State Authority;", the word "and" shall stand deleted. (ii) After clause (p), the following shall be inserted, namely:-"(pp) To perform such other functions, not being inconsistent with the purposes of this Act, as assigned to it by the State Government; and"
8. Skill Development Fund
The State Government shall constitute a Skill Development Fund for carrying out the purposes of this Act, and the fund shall be utilized for such purposes as may be prescribed. There shall be an Executive Committee of the-Governing Council, to carry out its directions and to guide and direct the Chief Executive Officer in implementing the policies made by the Governing Council, with the following composition, namely :-
(a) Chief Secretary of the State Government shall be the Chairperson (Ex-officio);
(b) Secretaries to the State Government (by whatever designation called) in-charge of the subjects of Agriculture and Allied Sectors, Finance, Industry, Labour, Rural Development, the Scheduled Tribes, the Scheduled Castes and the Other Backward Classes Welfare, Technical Education and Manpower Planning, Urban Development, Woman and Child Development and Youth Welfare shall be the members (Ex-officio);
(c) Convener of the state level bankers committee shall be member (Ex-officio);
(d) One member from among the members under sub-clause (1) of clause (b) of Section 7, to be nominated by the State Government;
(e) Two member from among the members under sub-clause (4) of clause (b) of Section 7 one whom shall be a woman, to be nominated by the State Government;
(f) One member from among the members under sub-clause (6) of clause (b) of Section 7, to be nominated by the State Government, and
(g) Chief Executive Officer of the State Authority shall be the Member-Secretary. In Section 14 of the Principal Act-(i) In clause (n), the word "and" shall stand deleted. (ii) After clause (n), the following shall be inserted, namely:-"(nn) To perform such other functions, not being inconsistent with the purposes of this Act, as assigned to him by the State Government; and"
9. Monitoring and Evaluation
[Content as provided in the act, detailing the monitoring committee structure and roles corresponding to sub-sections (1) to (11).] Every district shall have a District Skill Development Authority, to implement the provisions of this Act at the District level, with the following composition, namely :-
(1) District Collector shall be the Chairperson (Ex-officio);
(2) Chief Executive Officer Zila Panchayat shall be a member;
(3) One member-representing State Authority shall be the Member-Secretary;
(4) Three persons representing industry, trade and commerce;
(5) Three persons, one of whom shall be a differently-abled person, representing educational institutions engaged in technical, agricultural, medical, vocational and management education;
(6) One person representing Vocational Training Providers in the district;
(7) Woman, with background in skill development among women, to be nominated by the Chairperson of the District Planning Committee;
(8) Five members representing Panchayati Raj Institutions in the district, to be nominated by the Chairperson of the District Planning Committee, one of whom shall be from the Scheduled Castes, one from the Scheduled Tribes and one from the Other Backward Classes;
(9) Five members representing urban local bodies in the district, to be nominated by the Chairperson of the District Planning Committee, one of whom shall be from the Scheduled Castes, one from the Scheduled Tribes and one from the Other Backward Classes;
(10) The District Lead Bank Manager shall be a member; and
(11) The District Authority may extend invitations to experts or officers of the State Government, not exceeding three in numbers, who in its opinion can contribute to its deliberations. In Section 9 of the Principal Act- (i) For clause (3), the following shall be substituted, namely :- "(3) Assistant Director, Chhattisgarh State Skill Development Authority (district in charge), or the District Skill Development Officer of the District Authority shall be the Member-Secretary (ex-officio): Provided that in the event of any vacancy, including a temporary vacancy, in both the said posts, by reason of death, resignation, leave or illness, or otherwise, the District Collector may entrust to any officer of the State Government or of any agency thereof, the functions of the Member-Secretary, till the date on which an officer enters upon either of the said posts;" (ii) After clause (3), the following shall be inserted, namely :- '(3A) Principal or Assistant Project Officer of each of the Livelihood Colleges situated in the district shall be a members (ex-officio);'
10. General Powers
The State Government shall have the power to monitor, evaluate and review the skill development programmes and training providers. The term of members, other than the ex-officio members, of the Governing Council, the Executive Committee and the District Authority, as the case may be, shall be for a maximum period of three years unless a member is removed by the State Government, for reasons recorded in writing:
Provided that a member, other than an ex-officio member, may be re-nominated for a further term of three years by the State Government or the chairperson of the District Planning Committee, as the case may be. The State Authority and District Authority in each district shall :- (a) Maintain proper accounts including the balance sheets and other relevant records, prepare an annual financial statement of accounts which shall be audited by the Examiner of Local Fund Audit of the State or such person(s) authorized by it; (b) The Examiner of the Local Fund Audit or any person authorized by it, in connection with the audit of the accounts of the State Authority or District Authority, as the case may be, shall have the same rights, privileges and authorities in connection with such audit as the Examiner of the Local Fund Audit has in connection with the audit of the accounts of local bodies, in particular, shall have the right to demand the production of books, accounts, connected vouchers, other documents and papers and to inspect the offices, of the State Authority or the District Authority in each district, as the case may be.
11. Duty of Training Providers
(1) Every Training Provider shall have the following duties: (a) To maintain records as per the rules; (b) To provide training as per the standards; (c) To comply with the safety and quality standards (1) For the purpose of implementing the Skill Development Programme, the State Government may by a notification in the Official Gazette, establish a Skill Development Authority, which shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable and to contract, and shall, by the said name, sue or be sued. (2) The head office of the Authority shall be at Raipur or such other place as the State Government may notify. (3) The Authority shall consist of such number of members as the State Government may determine, provided that the Director, Skill Development shall be the Member Secretary. (4) The administration, direction and management of the affairs of the Authority shall vest in the Skill Development Authority. (5) The Skill Development Authority shall perform such functions and discharge such duties as prescribed, including the power to engage private or government sector service providers for imparting skill training. (6) The Skill Development Authority shall have the power to fix, charge and collect fees for any course, examination or other services as prescribed. (7) The Skill Development Authority shall have power to establish and maintain district level, block level and Panchayat level centres for the purpose of implementing the Skill Development Programme as prescribed. (8) The Skill Development Authority may enter into agreements with any institution, organization, or individuals for the purpose of executing its functions, provided that such agreements shall not be inconsistent with the provisions of this Act. (1) The State Authority, shall have the following functions and responsibilities, namely :-
(a) It shall, when called upon to do so by the State Government, advise it on the skill development policies and programmes; (1) The State Authority shall have the following functions and responsibilities, namely :- (a) It shall, when called upon to do so by the State Government, advise it on the skill development policies and programmes; (b) At least one month before the beginning of financial year, the State Authority shall submit to the State Government, for its approval, the Annual Skill Development Plan for the ensuing financial year; (c) Once in every five years, the State Authority shall prepare and submit to the State Government a perspective plan for skill development in the State having regard to the macro-economic growth trends, emerging technologies and demand for skilled human resources; (d) It shall be the duty of the State Authority, to notify by regulations, the skill development framework comprising courses and programmes of training, the detailed curriculum, the methodology adopted for testing and for certification, and to modify the same from time to time; (e) The State Authority shall have the powers to award certificates in recognition of attainment of skills at various levels by the youth, on the basis of prior knowledge or training provided, by a Vocational Training Provider, and assessed by a Third Party Assessor; (f) It shall be the duty of the State Authority, to notify by regulations, the procedure for selection, registration, evaluation, renewal or cancellation of registration of a Vocational Training Provider; (g) It shall be the duty of the State Authority, to notify by regulations, the procedure for selection, registration, evaluation, renewal or cancellation of registration of a Third Party Assessor; (h) It shall be the duty of the State Authority to recommend the State Government, from time to time, one or more certificates or other awards pertaining to skill development, which may be considered to be equivalent to awards such as degree, diploma, certificates or eligibility qualifications as are recognized for the purposes of public employment or access to higher education; (i) It shall be the duty of the State Authority, to issue from time to time, such directions and guidelines to the District Authority for the effective implementation of the Act, as it may deem necessary; (j) Subject to availability of funds at its disposal, the State Authority may take up such other activities not included in the Annual Skill Development Plan, which in its opinion, are necessary for the purposes of this Act: Provided that where the requirement of funds is, or is likely to be, liability on the State exchequer, no activity other than those contained in the Annual Skill Development Plan shall be taken up, except with the prior approval of the State Government; (k) Subject to the financial Provisions, the State Authority shall have the powers to employ on contract or otherwise, such number of persons to assist the Chief Executive Officer necessary to carry out its functions, and every such employment shall be subject to the provisions of the Chhattisgarh Lok Sewa (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994), as amended from time to time; (l) The State Authority shall have the powers to deal with any movable property belonging to, or vested in it, in such manner as it may deem fit for advancement of its objects; (m) The State Authority shall have the powers to receive grants or loans, as the case may be, from the State Government; (n) The State Authority shall have the powers to receive gifts, donations, bequests, benefactions or transfer of movable or immovable properties from testators, donors or transferors, as the case may be, for purposes not inconsistent with the provisions of this Act; (o) The State Authority shall have the powers to collaborate with institutions of national or international repute engaged in skill development, for furthering the purposes of this Act; (p) Subject to the provisions of this Act, the State Authority shall have the powers to do all such things, which are not specifically mentioned in the foregoing provisions of this Section, and which may be necessary for carrying out the purposes of this Act; and (q) The State Authority shall perform such other functions, not being inconsistent with the purposes of this Act, as assigned to it by the State Government. (2) Notwithstanding anything contained in sub-section (1) of this Section, the State Authority shall not dispose off, in any manner, any immovable property without the prior approval of the State Government.
12. Functions of the Authority
(a) To formulate, implement, monitor and evaluate the State Skill Development Policy. (b) To determine the skill gap in different sectors and regions and prepare appropriate training programs to bridge the gap. (c) To prescribe standards for the skill development training and certification, in accordance with the National Vocational Qualification Framework or such other standards as the State Government may specify. (d) To establish a framework for the recognition of prior learning. (e) To create and maintain a database of the youth and the skill training providers in the State. (f) To coordinate with various Government departments and other agencies for effective implementation of the skill development programmes. (g) To provide financial assistance to eligible persons for the purpose of skill development training, as may be prescribed. (h) To undertake any other function as may be entrusted to it by the State Government, for the purpose of the Act. The Governing Council shall meet at least once in a year and shall have the following functions and responsibilities, namely :- (a) To provide policy directions to the Executive Committee or the Chief Executive Officer, as the case may be, for the implementation of the Provisions of this Act and regulations made thereunder; (b) To advise the State Government on policies dealing with skill development; (c) To approve the five-year perspective plan for skill development in the State; (d) To approve the Annual Skill Development Plan proposed by the Executive Committee, with such modifications as it may deem fit; (e) To approve notification of regulations made under Section 11 of this Act or modifications thereof; (f) To approve the Annual Report and the Annual Financial Accounts of the State Authority; (g) To delegate, to such extent, any of its powers to the Executive Committee and to authorize it to take such decisions on its behalf, as may be necessary, for effectively carrying out the purposes of this Act; and (h) To exercise such other powers not specified above, as may be necessary to carry out the purposes of this Act, which do not require the prior approval of the State Government. The Governing Council shall meet at least once in a year and shall have the following functions and responsibilities, namely: (a) To provide policy directions to the Executive Committee or the Chief Executive Officer, as the case may be, for the implementation of the Provisions of this Act and regulations made thereunder; (b) To advise the State Government on policies dealing with skill development; (c) To approve the five-year perspective plan for skill development in the State; (d) To approve the Annual Skill Development Plan proposed by the Executive Committee, with such modifications as it may deem fit; (e) To approve notification of regulations made under Section 11 of this Act or modifications thereof; (f) To approve the Annual Report and the Annual Financial Accounts of the State Authority; (g) To delegate, to such extent, any of its powers to the Executive Committee and to authorize it to take such decisions on its behalf, as may be necessary, for effectively carrying out the purposes of this Act; and (h) To exercise such other powers not specified above, as may be necessary to carry out the purposes of this Act, which do not require the prior approval of the State Government. In Section 12 of the Principal Act- (i) In clause (g), after the words and punctuation "purposes of this Act;", the word "and" shall stand deleted. (ii) After clause (g), the following shall be inserted, namely :- "(gg) To perform such other functions, not being inconsistent with the purposes of this Act, as assigned to it by the State Government; and"
13. Powers and Duties of the Authority
(a) To call for such information and records from the service providers as it may deem fit. (b) To inspect the training centers and other facilities maintained by the service providers. (c) To conduct examinations and award certificates to the candidates who have successfully completed the training. (d) To prescribe the fees and other charges for the training programs, as well as for the registration and certification. (e) To regulate the activities of the training providers to ensure quality and adherence to the prescribed standards. (f) To initiate legal proceedings against the service providers for any breach of contract or violation of the provisions of this Act or the rules made thereunder. (g) To collaborate with industrial houses and other organizations for employment generation and apprenticeship training. (h) To prescribe the criteria and procedure for the selection of trainees for the various skill development programs. The Executive Committee shall meet at least once in every three months, and shall have the following functions and responsibilities, namely :- (a) To review and monitor the implementation of the provisions of this Act and regulations made thereunder; The Executive Committee shall meet at least once in every three months, and shall have the following functions and responsibilities, namely: (a) To review and monitor the implementation of the provisions of this Act and regulations made thereunder; (b) To approve the five-year perspective plan for skill development in the State for the consideration of the Governing Council; (c) To approve the Annual Skill Development Plan, submitted by the Chief Executive Officer, and to recommend the same for the consideration of the Governing Council, at least two months before the beginning of the financial year next; (d) To make, adopt, amend, vary or rescind, from time to time and with the approval of the Governing Council, the regulations made under Section 11 of this Act; (e) To review the working of the District Authority and to issue, from time to time, guidelines or directions to it; (f) To approve proposals for creation of posts on contract or otherwise under the State Authority or the District Authority; (g) To approve proposals in regard to acceptance of any loans, grants, bequests or any other financial assistance in cash or kind from any government or approved non-government, national or international sources for skill development; (h) To give such guidelines or issued such directions to the Chief Executive Officer, as it deems necessary, for carrying out the purposes of this Act and regulations thereunder; (i) To approve proposals, for the consideration of the Governing Council, for the equivalence of, one or more certificates or other awards pertaining to skill development to awards such as degree, diploma or certificates or eligibility qualifications as are recognized for the purposes of public employment or access to higher education; (j) To fix, levy and receive such fees and other charges for service rendered by the State Authority; (k) To institute and award scholarships, prizes and medals; (l) To appoint committee(s) for disposal of any business of the State Authority or for advice in any matter pertaining to the State Authority; (m) To consider and pass such resolution on the annual report, the annual accounts and the financial estimates of the State Authority, as it may deem fit; (n) To delegate, to such extent as it may deem necessary, any of its powers to the Chief Executive Officer of the State Authority, or to the District Authority, or to any committee constituted under clause (m) of this Section hereinabove; (o) To approve proposals in respect of making capital investment within the approved financial estimates; (p) To approve proposals for appointing bankers and auditors in respect of the State Authority; and (q) To perform such other functions and carry out such duties, as assigned to it from time to time, or exercise any of the powers delegated to it by the Governing Council. In Section 13 of the Principal Act- (i) In clause (p), after the words and punctuation ".in respect of the State Authority;", the word "and" shall stand deleted. (ii) After clause (p), the following shall be inserted, namely :- "(pp) To perform such other functions, not being inconsistent with the purposes of this Act, as assigned to it by the State Government; and"
14. Funds of the Authority
(1) The Skill Development Authority shall have its own fund to which shall be credited all grants, subventions, donations or gifts made by the Central or State Government or any local authority or any body, whether incorporated or not, or any person. (2) All money received by or on behalf of the Authority shall be deposited in such banks or invested in such manner as may be decided by the Authority. (3) The Authority may spend such sums as it thinks fit for performing the functions under this Act. (4) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts. (5) The accounts of the Authority shall be audited annually by the Auditor General or such other person as the State Government may direct. (6) The Authority shall submit an annual report to the State Government annually. (7) The Authority may create and maintain a 'Skill Development Fund' for the purpose of financing the skill development activities. (8) The Authority shall prepare a budget for the financial year and submit it to the State Government for approval. (9) The Authority may hire services of professionals for managing the financial and administrative affairs of the Authority. (10) The Authority shall ensure transparency and accountability in the utilization of the funds. (11) The Authority may also receive funds from the Corporate Social Responsibility initiatives of public and private companies. (12) The State Government may, from time to time, make grants to the Authority. (13) The Authority shall have the power to invest its surplus funds in approved securities. (14) The Authority shall ensure that all payments are made towards the achievement of the objectives of the Act. (15) The Authority may borrow money with the prior approval of the State Government. (16) The Authority shall have the power to dispose of the assets if they are found redundant for the purpose of the Act, with the prior approval of the State Government. The Chief Executive Officer shall be the executive authority, for the purposes of this act and shall have the following functions, namely: (a) To prepare and submit, for the consideration of the Executive Committee, the five-year perspective plan and the Annual Skill Development Plan for the State; (b) To propose regulations to be notified under Section 11 of the Act; (c) To monitor the performance of Vocational Training Providers, Third Party Assessors or District Authorities and to take such remedial measures as required to be taken under the regulations for the effective implementation of the provisions of this Act. (d) To recruit personnel on contract or otherwise, against approved posts; (e) To enter into agreements for, and on behalf of, the State Authority in respect of leasing, hiring, or procurement of goods, services and properties and for collaboration with institutions of national or international repute engaged in skill development; (f) To dispose off movable properties from time to time; (g) To manage the administration of the State Authority and the District Authorities and to act as the disciplinary authority in respect of all persons employed on contract or otherwise therein; (h) To receive loans, grants, gifts, donations, bequests, benefactions or transfers of movable or immovable properties, on behalf of State Authority, under the provisions of this Act and to enter into agreements for such purposes; (i) To have custody of the funds of the State Authority; (j) To prepare the financial estimates, prior to the commencement of each financial year and to sanction expenditure against available funds within the extent of delegation approved by the Executive Committee; (k) To ensure the preparation and maintenance of the books of accounts and other relevant records; (l) To ensure the preparation of the Annual Report and the Financial Statement of Accounts of each financial year for the consideration of the Executive committee; (m) To represent the State Authority, as its recognized agent for all purposes under this Act including in respect of any proceeding, before any court or quasi-judicial authority; (n) To convene meetings of the Governing Council or Executive Committee, as the case may be; and (o) Without prejudice to any other provisions of this Act, the Chief Executive Officer shall exercise such other powers and perform such other functions, as may be delegated by the Governing Council or the Executive Committee necessary for carrying out the day to day administration of the State Authority or the District Authority. The Chief Executive Officer shall be the executive authority, for the purposes of this act and shall have the following functions, namely :- (a) To prepare and submit, for the consideration of the Executive Committee, the five-year perspective plan and the Annual Skill Development Plan for the State; (b) To propose regulations to be notified under Section 11 of the Act; (c) To monitor the performance of Vocational Training Providers, Third Party Assessors or District Authorities and to take such remedial measures as required to be taken under the regulations for the effective implementation of the provisions of this Act. (d) To recruit personnel on contract or otherwise, against approved posts; (e) To enter into agreements for, and on behalf of, the State Authority in respect of leasing, hiring, or procurement of goods, services and properties and for collaboration with institutions of national or international repute engaged in skill development; (f) To dispose off movable properties from time to time; (g) To manage the administration of the State Authority and the District Authorities and to act as the disciplinary authority in respect of all persons employed on contract or otherwise therein; (h) To receive loans, grants, gifts, donations, bequests, benefactions or transfers of movable or immovable properties, on behalf of State Authority, under the provisions of this Act and to enter into agreements for such purposes; (i) To have custody of the funds of the State Authority; (j) To prepare the financial estimates, prior to the commencement of each financial year and to sanction expenditure against available funds within the extent of delegation approved by the Executive Committee; (k) To ensure the preparation and maintenance of the books of accounts and other relevant records; (l) To ensure the preparation of the Annual Report and the Financial Statement of Accounts of each financial year for the consideration of the Executive committee; (m) To represent the State Authority, as its recognized agent for all purposes under this Act including in respect of any proceeding, before any court or quasi-judicial authority; (n) To convene meetings of the Governing Council or Executive Committee, as the case may be; and (o) Without prejudice to any other provisions of this Act, the Chief Executive Officer shall exercise such other powers and perform such other functions, as may be delegated by the Governing Council or the Executive Committee necessary for carrying out the day to day administration of the State Authority or the District Authority. In Section 14 of the Principal Act- (i) In clause (n), the word "and" shall stand deleted. (ii) After clause (n), the following shall be inserted, namely :- "(nn) To perform such other functions, not being inconsistent with the purposes of this Act, as assigned to him by the State Government; and"
15. Recruitment of Staff
(a) The Authority may recruit its own staff as it deems necessary for the discharge of its functions, subject to the guidelines provided by the State Government. (b) The terms and conditions of service of the staff shall be such as may be prescribed. (c) The Authority may obtain the services of government officers on deputation, with the approval of their parent department. (d) The Authority may engage consultants or experts for a specific task or duration on such terms and conditions as may be determined by the Authority. (e) The State Government shall, upon request by the Authority, provide such number of officers and staff as may be required for the efficient performance of the Authority's functions. The District Authority shall meet at least once in a month and shall have the following functions and responsibilities, namely :- (a) To prepare the Annual Skill Development Programme for the district and make it available to the Chief Executive Officer for preparing the Annual Skill Development Plan of the State Authority; (b) To publish, in consultation with the State Authority, a list of skill development training opportunities available in the district and the minimum number of trainees required before the training may commence; (c) To monitor and supervise training for skill development by Vocational Training Providers situated in the district and to take such remedial measures as are necessary for the effective implementation of the provisions of this Act; (d) To receive loans, grants, gifts, donations, bequests, benefactions or transfers of movable or immovable properties under the provisions of this Act; (e) To ensure the preparation and maintenance of the books of accounts, and other relevant records; (f) To ensure the preparation of the Annual Report and the Financial Statement of Accounts of each financial year and submit the same to the Chief Executive Officer; (g) To identify and pool all resources available within the district, as may be reqired, for skill development activities therein; and (h) To make reports, with such periodicity as may be directed by the Chief Executive Officer, on the status of skill development activities of Vocational Training Providers, Third Party Assessors and the Youth enrolled for development of skills within the district.
16. Quorum for meetings of the Governing Council, the Executive Committee and the District Authority
The quorum for the meetings of the Governing Council, the Executive Committee and the District Authority shall be one third of the total membership not including the special invitees.
17. Redressal of grievances and review
(1) An applicant for skill development or a youth enrolled for skill development aggrieved by a decision, an order or an action on the part of a District Authority or an Officer designated by the State Authority under sub-section (1) of Section 4 or the Vocational Training Provider may make a representation before an authority, to be specified in the regulations, within a period of 30 days of such decision or order or an action, as the case may be, and the authority shall proceed to hear and make a decision on the representation within a further period of 60 days, and, where the applicant or the youth enrolled for skill development, as the case may be, is not satisfied with the decision on the representation may prefer a second representation for review within a period of 45 days of the decision and a reviewing authority, to be specified in the regulations, shall proceed to hear the grievance and take an appropriate decision in the matter within a period of 90 days, and the decision of the reviewing authority shall be final. (2) A Vocational Training Provider or a Third Party Assessor aggrieved by a decision or an order or an action on the part of the Chief Executive Officer or a District Authority, as the case may be, may make a representation before an authority to be specified in the regulations within a period of 30 days of such decision or order or action, as the case may be, and the authority shall proceed to hear and make a decision on the representation within a further period of 60 days, and, where the Vocational Training Provider or the Third Party Assessor, as the case may be, is not satisfied with the decision on the representation, may prefer a second representation for review within a period of 45 days of the decision and a reviewing authority, to be specified in the regulations, shall proceed to hear the grievance and make an appropriate decision in the matter within a period of 90 days, and the decision of the reviewing authority shall be final.
18. State skill development fund
There shall be a State Skill Development Fund, to be maintained and operated by the State Authority in the manner specified by regulations in this regard, for the purposes of implementation of the provisions of this Act and which shall be credited by money received from or by the following, namely :- (a) The Central Government; (b) The State Government; (c) Loans, as authorized by the State Government; (d) Gifts, donations, bequests, benefactions or transfers received under the provisions of this Act; and (e) Any fee collected by the State Authority.
19. District skill development fund
There shall be a District Skill Development Fund, to be maintained and operated by the District Authority in the manner specified by regulations in this regard, for the purposes of implementation of the provisions of this Act and which shall be credited by money received from or by the following, namely:- (a) The Central Government; (b) The State Government; (c) Loans, as authorized by the State Government; (d) Gifts, donations, bequests, benefactions or transfers received under the provisions of this Act; and (e) Transfers from the State Authority.
20. Audit of the state and district skill development funds
The State Authority and District Authority in each district shall :(a) Maintain proper accounts including the balance sheets and other relevant records, prepare an annual financial statement of accounts which shall be audited by the Examiner of Local Fund Audit of the State or such person(s) authorized by it; (b) Examiner of the Local Fund Audit or any person authorized by him in connection with the audit of the accounts of the State Authority or District Authority, as the case may be, shall have the same rights, privileges and authorities in connection with such audit as the Examiner of the Local Fund Audit has in connection with the audit of the accounts of local bodies, in particular, shall have the right to demand the production of books, accounts, connected vouchers, other documents and papers and to inspect the offices of the State Authority or the District Authority in each district, as the case may be; (c) These accounts, as certified by the Examiner of the Local Fund Audit or any other person authorized by him in this behalf, together with the audit report thereon, shall be forwarded annually to the State Government and State Government shall cause the same to be laid before the State Legislative Assembly; and (d) The State Authority and District Authority in each district may appoint statutory auditor for audit of its accounts without derogating clause (b) and (c) of this Section.
21. Directory of skilled persons
The State Authority shall maintain and periodically publish on its website a directory of skilled persons in the State.
22. Notification of Vocational Training Provider situated outside the State
Where there is absence or deficit of certain skills within the State and in the opinion of the State Government such skills are required to be imparted to youth in the public interest and for which no Vocational Training Provider is available within the State, it may, on the recommendation of the State Authority, identify an appropriate Vocational Training Provider situated outside the State and thereafter the State Authority shall notify such skills as well as the identified Vocational Training Provider and shall proceed to make appropriate arrangements for skill development of eligible youth.
23. Research and development in skills
The State Authority shall enter into collaboration with agencies or institutions including universities for research and development in training for skills.
24. Collaboration with industries
The State Government and the State Authority shall encourage voluntary participation of Industries in development of skills amongst the youth of the State.
25. Protection of acts done in good faith
No suit, prosecution or other legal proceedings shall lie against the Government, or any officer or other employee of the Government, or any authority constituted under this Act, or any member, officer or other employee of such authority or authorities in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules, regulations made, or the orders or directions issued thereunder.
26. Applicability of certain rules and laws
(1) Unless otherwise specified by notification by the State Government, the provisions of the Chhattisgarh Civil Sewa (Samvida Niyukti) Niyam, 2012 shall apply, mutatis mutandis, to contractual employment under the State Authority or the District Authority, as the case may be. (2) Unless otherwise specified by notification by the State Government, the provisions of the Chhattisgarh Store Purchase Rules, 2002, as amended from time to time, or any law made by the State Legislature for the time being in force in this regard, shall apply, mutatis mutandis, on the State Authority or the District Authority, as the case may be.
27. Power to make rules and regulations
(1) The State Government shall have the powers to make rules to carry out the purposes of this Act. (2) The State Authority shall have the powers to make regulations, subject to the provisions of this Act, to carry out the purposes thereof. (3) Every rule or regulation made under this Act, shall be laid, as soon as may be after it is made, before the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the House agrees in making any modification or the House agrees that the rule or regulation, as the case may be, should not be made, the rule or regulation, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule or regulation, as the case may be.
Schedule. APPLICATION FOR SKILL DEVELOPMENT
[See Section 4(1)] (Applicant to fill in as many details as known to him) Date of Submission of Application to the District Authority: Name of the District: Personal Details: 1. Name of Applicant 2. Father's/Husband's Name 3. Mother's Name 4. Gender (Male/Female) 5. Age (In Years and Months) 6. Date of Birth 7. Whether Resident of Chhattisgarh State (Yes/No) 8. Category (SC/ST/OBC/Unreserved) 9. Religion 10. Whether Differently abled Person (if Yes, mention the type) 11. Marital Status (Married/Unmarried) 12. Whether Belongs to BPL Category (Yes/No) 13. Employment Exchange Registration No. (if any) 14. Aadhaar Card No. (if any) 15. Whether Beneficiary of any Scheme of any Department/Board etc. (if Yes, please mention name of the Department/Board etc.) 16. Languages Known 17. Permanent Address (Village/City, Ward No./Gram Panchayat, Block, District, State, Pin Code) 18. Address for Correspondence (Village/City, Ward No./Gram Panchayat, Block, District, State, Pin Code) 19. Telephone No. for Contact (if any) 20. Mobile No. for Contact (if any) 21. E-mail (if any) 22. Occupation of the Applicant 23. Family Occupation 24. Annual Income of the Family 25. Academic Qualification: Table consisting of Name of Examination, Year of Passing, Name of Board/University, Percentage of Marks or Grade for 5th Standard, 8th Standard, 10th/Matriculation, 12th/Higher Secondary, Graduation, Post Graduation, Other. 26. Technical/Professional Qualification: Vocational Education and Training/ITI/Diploma/Engineering/Management/Medical and Nursing/Pharmacy/Other (S.No., Qualification, Trade/Branch/Stream, Name of Board/University, Duration, Year of Passing, Percentage of Marks or Grade). 27. Details of Skills Already Acquired: (S.No., Details of Skills Gained Formally/Informally/Traditionally/Inheritance, Sector, Name of Formal Skill Training, Duration, Whether having a MES Course Certificate (Yes/No)).
PDF: pending for this language.