Chapter II ESTABLISHMENT AND CONSTITUTION OF BOARD AND GOVERNING COUNCIL

The Government shall by notification in the Official Gazette, establish for the purposes of this Act, a Board to be called as the Maharashtra State Board of Skill, Vocational Education and Training.

1. (1) The Board established under section 3 shall be a body corporate having perpetual succession and a common seal, and shall have power to contract, to acquire, hold and dispose of property, both movable and immovable and to do all things necessary for the purposes of this Act and may sue and be sued by its corporate name.
2. (2) The headquarter of the Board shall be at Mumbai and shall have a District level offices at the District Vocational Education and Training offices of the Directorate of Vocational Education and Training, Maharashtra State.

1. (1) The Board shall consist of the following members, namely :-
   • (a) the Director, Maharashtra State BoardChairperson;of Skill,Vocational Education and Training, (b) the nominee of Director, Directorate ofEx officio Vocational Education and TrainingMember;not below the rank of Joint Director, (c) the Chairman, Maharashtra State BoardEx officio of Secondary and Higher Member; Secondary Education, or his nominee not below the rank of Chairman of the Divisional Board, (d) the Director of Industries, MaharashtraEx officio State or his nominee not below the rankMember; of Joint Director, (e) the Joint Secretary or DeputyEx officio Secretary to Government, SkillMember; Development, Employment and Entrepreneurship Department, (f) the Deputy Commissioner, SkillEx officio Development, Employment andMember; Entrepreneurship, Maharashtra State, Konkan Bhavan, Navi Mumbai, (g) the Regional Director, RegionalEx officio Directorate of Skill Development andMember; Entrepreneurship, Government of India, Mumbai, (h) the Director, Board of ApprenticeshipEx officio Training (Western Region),Member; Government of India, Mumbai, (i) two members to be nominated by theMember; Government from the Association of Industries, (j) three members to be nominated by the Government from the head of theMember; institute of whom atleast one shall be a woman, (k) three members to be nominated by the Government having special knowledge and experience in the fieldMember; of Vocational Education, Training, Skill Development and Entrepreneurship Education, (l) the Secretary, Maharashtra State Board Member of Skill, VocatonalMember; Education and Secretary. Trainning,Secretary;

The objects of the Board shall be to,-

1. (1) emerge as one of the foremost institution of quality in Vocational Education and Training recognized by industry, industry associations, etc., nationally and internationally ;
2. (2) engage and promote constant engagement with industry to understand the skilled manpower needs of industry and build partnerships for youth to learn in a practical and real-world environment ;
3. (3) conduct research in labour market requirements in order to understand emerging trends and offer suitable curricula, courses and programs ;
4. (4) establish links, collaborations and partnerships with other institutions, industry and industry associations in India and abroad for creating an Industry-Academia partnership for mutual benefits ;
5. (5) collaborate with other institutions, profit and non-profit organizations, corporates, industry, industry associations, professional associations or other organizations in India or overseas to conceptualize, design, develop and offer specific customised Vocational Education and Training programmes and exchange programmes for students, trainers and others ;
6. (6) conduct pedagogical and skill enhancement training and development programs for faculty and trainers who are involved in imparting Vocational Education and Training ;
7. (7) develop qualified youth with skill proficiencies and competencies at different levels built on national principles of skill, Vocational Education and Training or as deemed appropriate by the Board ;
8. (8) develop competent, skilled and capable youth imbued with skills, learning and the spirit of entrepreneurship and entrepreneurship to meet the skilled employment needs of the country and world ;
9. (9) provide learning, teaching, capacity, capability and skills development and entrepreneurial training, covering a wide spectrum of domains and specializations as may be relevant from time to time, in the fields in which future jobs are going to be created such as Automotive, Apparel and Furnishing, Aviation and Aerospace, Media and Entertainment, Film, Capital Goods, Communication, Design, Technology, Management and Entrepreneurship, Business, Banking and Insurance, Healthcare, Hospitality, Logistics, Sports, Travel and Tourism, Life Sciences, Applied and Creative Arts, Humanities, Data Science and Artificial Intelligence, E-Business, Retail, Analytics, Agri Business, related to industry 4.0 and any other fields of study including the imparting of skills that have employment potentiality ;
10. (10) promote skill education including Vocational Education and Training in an integrated and holistic manner with school education to ensure pathways for progression and mobility across forms of education and skill ;
11. (11) start skill development programs and offer continuing quality vocational education and training programmes for skilling, up skilling and reskilling in new and emerging areas with innovative approaches ;
12. (12) provide students an opportunity of lifelong and continuous training through the Board courses offered through conventional or blended or distance or open or online education and other education delivery models suitable for different pedagogical approaches and systems;
13. (13) provide skill development, vocational education and training opportunities to the informal sector and unorganized workforce through a variety of programs leading to gainful employment and entrepreneurship in order to build productivity ;
14. (14) conduct examinations and assessment and confer diplomas and certificates and other academic distinctions on persons subject to such conditions as the Board may determine, and to withdraw or cancel any such diplomas, certificates or other academic distinctions in the prescribed manner ;
15. (15) offer mechanism and facility of credit banking or transfer system to create options of multientry and exit and opportunities for movement across Boards or Universities or domains or sectors ;
16. (16) provide vertical mobility to students by offering Certificate, Diploma, Pre Secondary School Certificate and 10+2 Level skill based vocational education and training programs in high growth sectors and to prepare the youth towards gainful employment and entrepreneurship ;
17. (17) offer mechanism and facility for recognition of prior learning ;
18. (18) disseminate knowledge and skill through seminars, conferences, executive education programmes, community development programmes, publications and training programmes ;
19. (19) design and deliver high quality training, capacity building and development systems for teachers, administrators and working professionals ;
20. (20) promote and maintain transparency of the highest order in matters of admission, appointments, evaluation, accreditation, administration and finance ;
21. (21) establish innovative approaches for creation of seamlessness in academic structures, learning time-frames and working and continuous evaluation processes for nurturing and cultivation of creativity and entrepreneurship ;
22. (22) aim at reaching the unreached by using latest Information Communication Technology to deliver education, training and teaching resources to learners;
23. (23) provide a teaching, learning and pedagogy which combines multiple forms of education and learning pedagogy and course delivery (blended or distance or open or online or skill or other) and thus provide a 'Virtual Campus' where students will come together with experienced faculty and industry members to develop and evolve ;
24. (24) provide a teaching, learning and pedagogy focused on hands on training, professional and skill based training in line with market needs ;
25. (25) collaborate with other institutes, industries, businesses or labs or agencies or organizations of repute from other States of India or foreign countries to offer joint programmes or courses or exchange faculty or information or share best practices and give or receive resources or grants or consultancy for benefit of students ;
26. (26) build financial self-sufficiency by undertaking academic, skill and allied programmes and by providing professional and development services to the industry, public organizations, agencies and the society at large ;
27. (27) undertake skill assessments for the students studying in the Board as well as for other students, agencies, training provider, institutions, industry and organizations ;
28. (28) do research in the pedagogy of skill assessments, online assessments, computerized assessments or tests and develop required software, hardware solutions or other systems or processes for carrying out assessments or tests ;
29. (29) use modern processes, mechanisms and technologies for governance and management of learning, teaching, researching, evaluating, developing, organizing and creating socio- economic wealth for individuals and society for 21st century ;
30. (30) encourage industrial and industrial associations participation through establishment of inservice training centers, workshops and active participation in all aspects of governance, curricula design and development, teacher training, skill training, on-the-job training, internships, apprenticeships, placements, consultancy, joint projects, skill assessments certifications, etc. ;
31. (31) establish skill centers, community centers, information centers, test or assessment and examination centers, etc., at various locations in the State to facilitate delivery, student services and dissemination of vocational education and skill training ;
32. (32) liaison or collaborate with various ministries, State bodies, departments, agencies or other statutory bodies at state, national or international level in order to understand vocational education and skilling needs and to impart programmes accordingly ;
33. (33) acquire, hold, transfer and dispose of any property, interest or right thereto and to manage and deal with the same for effective functioning of the Board ;
34. (34) undertake necessary or expedient action to pursue and promote the objectives of the Board ;
35. (35) ensure that the standard of diploma, certificates and other academic distinctions are not lower than those laid down by statutory regulatory authorities in India ; and
36. (36) pursue any other objects, as may be prescribed by the Government.

1. (1) The Board shall have a Director who shall be appointed by the Government from amongst the Joint Directors of Vocational Education and Training of the Directorate of Vocational Educational and Training or any other equivalent or higher post thereto, and his name shall be published by the Government by notification in the Official Gazette.
2. (2) The Director shall hold office for term of five years from the date of the publication of his name in the Official Gazette.
3. (3) Nothing in sub-section (2) shall affect the power of the Government to transfer in the exigencies of public service, the Director to any other post under the Government during such term; and if the Director is superannuated in the service of the Government, he shall cease to be the Director, unless his services are extended or he is re-employed in the service of the Government and he is not transferred to some other post.
4. (4) The Government may, from time to time, extend the term of office of the Director of the Board, however, the aggregate period of the term shall not exceed ten years.
5. (5) The Director shall be an employee of the Government, equivalent to the post of the Joint Director of the Directorate of Vocational Education and Training and other conditions of service and rules of recruitment of the Director shall remain same as of the Joint Director of the Directorate of Vocational Education and Training.
6. (6) Where a temporary vacancy of the Director occurs by reason of leave, illness or other cause, the Government may appoint another person to be the Director.

1. (1) The members of the Board, other than the ex officio members, shall hold office for a term of five years from the date on which their names are published in the Official Gazette.
2. (2) The term of office of outgoing members shall extend to, and expire with, the day immediately preceding the date on which the names of their successors are published in the Official Gazette.
3. (3) The members other than ex officio members shall be entitled to such compensatory allowances as may be determined by regulations.

1. (1) The Government shall, by notification in the Official Gazette, establish the Governing Council, which shall be an apex body to control and monitor the matters pertaining to diploma and certificate level courses of skill development, vocational education and training, assessment and examination at state level.
2. (2) The Governing Council shall consist of the following, namely :-
   • (a) the Minister for Skill Development, ... President ; Employment and Entrepreneurship, Government of Maharashtra, (b) the Minister of State for Skill ... Vice-President ; Development, Employment and Entrepreneurship, Government of Maharashtra, (c) the Secretary, Skill Development, ... Member ; Employment and Entrepreneurship Department, Government of Maharashtra, (d) the Secretary, Finance Department, ... Member ; Government of Maharashtra or his nominee not below the rank of Deputy Secretary, (e) the Secretary, Industry Department, ... Member ; Government of Maharashtra or his nominee not below the rank of Deputy Secretary, (f) the Secretary, Labour Department, ... Member ; Government of Maharashtra or his nominee not below the rank of Deputy Secretary, (g) the Secretary, Higher and ... Member ; Technical Education Department, Government of Maharashtra or his nominee not below the rank of Deputy Secretary, (h) the Secretary, School Education and Sports ... Member ; Department, Government of Maharashtra or his nominee not below the rank of Deputy Secretary, (i) the Commissioner, Skill Development, ... Member ; Employment and Entrepreneurship, Maharashtra State, Konkan Bhavan, Navi Mumbai, (j) the Director, Directorate of ... Member ; Vocational Education and Training, Maharashtra State, (k) three members nominated by the ... Member ; Government from the Industries, (l) the Director, Maharashtra State Board ... Member- of Skill, Vocational Education and Training, Secretary. (3) The names of the persons other than the ex officio members, who have been nominated, from time to time, as members of the Governing Council, shall be published by the Government by notification in the Official Gazette.
3. (4) The tenure of the nominated members of the Governing Council shall be for a period of five years unless terminated earlier by the Government.
4. (5) The Governing Council shall meet not less than twice in every year, and a period of not more than six months shall intervene between two successive meetings.
5. (6) The nominated members shall receive such allowance, as may be determined by the Government, for meeting the personal expenditure in attending the meeting or in performing any other functions as members.

A person shall be disqualified for being appointed or the nominated as, or for continuing as, the Chairperson or a member of the Board or Governing Council or any Committee appointed under this Act,-

1. (a) if he directly or indirectly, by himself or his partner has any share or interest in any work done by order of, or any contract entered into on behalf of the Board ;
2. (b) if he is a person against whom an order of removal from office has been made under section 13 : Provided that, a person against whom such order is made, shall not be deemed to have been disqualified under this clause, if five years or such lesser period as the Government may specify, has elapsed from the date of his removal from office.

All casual vacancies in office of the members of the Board, the Governing Council or any Committee constituted by the Board, shall be filled as soon as may be, by nomination or appointment, as the case may be; and the person nominated or appointed in a vacancy shall hold office so long only as the member in whose place he is nominated or appointed would have held it, if the vacancy had not occurred.

A member of the Board and the Governing Council except the ex officio member, may resign his office at any time by tendering his resignation in writing to the Chairperson of the Board or the President of the Governing Council, as the case may be, and such member shall be deemed to have vacated his office as soon as the Chairperson or the President, as the case may be, has received his resignation.

1. (1) The Government may, on the recommendation of the Board, and after making such further inquiry, as it may think fit, to make by order, remove any member of Board or any Committee thereof, in such manner if, a member,-
   • (a) has been convicted by a court in India for any offence involving moral turpitude ; or
   • (b) is an undischarged insolvent ; or
   • (c) has been declared physically disable by such medical authority as the Government may specify ; or
   • (d) is of unsound mind and stands so declared by a competent court ; or
   • (e) is acting in a way detrimental to the aims and objects of the Board: Provided that, no such recommendation shall be made by the Board or no order shall be made under clause (e), unless he has been given a reasonable opportunity of showing cause why such recommendation or order should not be made.
2. (2) The Government may suo motu, by order, remove any member of the Board or any Committee, nominated or appointed, whose activities are, in the opinion of the Government detrimental to or obstruct the proper functioning of the Board or of any Committee thereof : Provided that, no member shall be removed from the office unless he has been given a reasonable opportunity of showing cause why such order should not be made against him.
3. (3) Notwithstanding anything contained in sub-sections (1) and (2), the nominated member of the Board shall hold office during the pleasure of the Government and shall be removed at any time by the Government, if it deems fit.

1. (1) The Board shall meet not less than twice in every year, and six months shall not intervene between two successive meetings.
2. (2) The Chairperson of the Board may at any time, if the exigencies so demand, and upon a written request made by not less than one-third of the total number of members of the Board shall call a special meeting of the Board on a date not later than twenty-one days after the receipt of such request by the Chairperson.

If the Chairperson or a member of the Board or any Committee becomes subject to any of the disqualifications mentioned in section 10, his office shall thereupon be declared vacant by the Government.

If a member nominated or appointed to the Board remains absent without permission of the Board from three consecutive meetings thereof, his office shall thereupon become vacant and shall be so declared by the Chairperson.

In case of any dispute as to whether the office of the Chairperson or a member has to become vacant under section 15 or 16, the same shall be referred to the Government and the decision of the Government in the matter shall be final.

No act or proceedings of the Board or Governing Council or any Committee shall be invalid merely by reason of any vacancy in or any defect in the constitution of such Board or Governing Council or Committee.

The Board may invite any person who in its opinion is an expert in the field of Vocational Education, Training, Skill Development and Entrepreneurship or any other relevant field or any officer of the Government to attend its meeting or of its Committees, if the subject with which the expert or officer is concerned is likely to come up for discussion or consideration at such meeting.

1. (1) The Board shall constitute the following Committees, namely :-
   • (a) Academic Committee ;
   • (b) Finance Committee ;
   • (c) Sector Skill Committees ;
   • (d) Assessment, Examination and Certification Committee ;
   • (e) Accreditation, Affiliation and Equivalence Committee.
2. (2) The Board may constitute such other Committees as it thinks necessary for efficient performance of its functions.
3. (3) The number of members of every Committee constituted by the Board, the term of office of its members and the duties and functions to be discharged by such Committee shall be such as may be prescribed by regulations.

1. (1) The permanent employees of the existing Board shall continue in the services of the Board and shall be subject to the provisions of this Act and the regulations made thereunder : Provided that,-
   • (a) during the period of such employment all matters relating to the pay, leave, retirement, allowances, pension, provident fund and other conditions of service of the members of the said staff shall be regulated by the Maharashtra Civil Services Rules or such other rules as may, from time to time, be made by the Government ;
   • (b) any such member shall have right of appeal to the Government against the order of rejection, dismissal or removal from service, fine or any other punishment.
2. (2) The permanent employees of the existing Board shall be transferable under the respective cadre of the Directorate of Vocational Education and Training in any of its offices or institution where the vacancy exists.
3. (3) The employees appointed on contractual basis on the existing Board shall continue subject to the conditions as they were appointed.
4. (4) All expenditure which the existing Board may have incurred before the commencement of this Act in connection with any of the purposes of the existing Board, shall be deemed to be advance towards capital expenditure by the Government to the Board under section 41 on that date, and all assets acquired by such expenditure shall vest into the Board.

1. (1) The Board shall have the Secretary, who shall be appointed by the Government.
2. (2) The Secretary shall, subject to the control of the Director, be the Executive Officer of the Board, and all other officers and servants for the time being serving under the Board, shall be subordinate to him.
3. (3) The Secretary shall be entitled to be present at the meetings of the Governing Council and Board and shall be the Member-Secretary of the Board.
4. (4) In all suits and other legal proceedings by or against the Board, the pleading shall be signed and verified by the Secretary of the Board and all processes in such suits and proceedings shall be issued to and served on the Secretary of the Board.
5. (5) The Secretary shall exercise such other powers and perform such other duties as may be prescribed by regulations.
6. (6) The Government shall appoint the required number of technical staff such as Joint Secretary, Deputy Secretaries, Assistant Secretaries, Inspector, Controller of Examination, and other staff such as Administrative Officer and Account Officers for the Board on the recommendation of the Board.
7. (7) The employees appointed under sub-section (6) shall exercise such powers and perform such duties of the Secretary as are, respectively assigned to them by the Secretary under the general or special orders issued in this behalf.
8. (8) The employees specified in sub-section (6) shall be the servants of the Government, and the salaries and allowances shall be paid from the Consolidated Fund of the Government and other conditions of service of these officers and staff shall be such as may be determined by the Government.

1. (1) The Board may, with the approval of the Government, appoint such other officers and servants, as it considers necessary, for the efficient performance of its functions under this Act.
2. (2) The salaries, allowances and other conditions of service of the officers and servants appointed under sub-section (1), shall be such as may be determined by the Board by regulations.