The Maharashtra State Board of Skill, Vocational Education and Training Act, 2021
Chapter III POWERS AND DUTIES OF GOVERNING COUNCIL AND BOARD
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Chapter III POWERS AND DUTIES OF GOVERNING COUNCIL AND BOARD
24. Powers and duties of Governing Council.
Statutory text
Subject to the provisions of this Act, the powers and duties of the Governing Council shall be as follows, namely :-
- (a) to act on the matters referred by the Board and to approve the recommendations and decisions of the Board for implementation ;
- (b) to prepare perspective development plan in consultation with industry ;
- (c) to approve matters related to staff regulations and approval thereof ;
- (d) to recommend the Government to carry test audit of accounts of the Board regularly and at such intervals as the Governing Council may deem fit;
- (e) to decide accreditation policy of the institutes ;
- (f) to exercise the powers relating to financial matters which are referred by the Board ;
- (g) to approve the budget recommended by the Board ;
- (h) to give directions to the Board in respect of the implementation of various policy decisions taken by the Government, from time to time ;
- (i) to approve the rules and procedures for appointment of officers and other employees of the Board, their qualifications, terms and conditions of services including conduct, discipline and duties, mode of recruitment, pay scales, etc. ;
- (j) to recommend the Government to conduct an enquiry in respect of any matter concerning the proper conduct, working and finances of the institutes under the Board.
Chapter III POWERS AND DUTIES OF GOVERNING COUNCIL AND BOARD
25. Powers and duties of Board.
Statutory text
Subject to the provision of this Act, the powers and duties of the Board shall be as follows, namely :-
- (1) to provide facilities and promote vocational education and trainings in emerging areas of skill, including new frontiers 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 ;
- (2) to develop curriculum packages and credit frameworks for different levels in accordance with the National Occupational Standards as specified by the National Skill Qualification Framework or as may be defined by the Board ;
- (3) to define norms and parameters of vocational education and training, skill education, teaching and instruction, consistent with the credit framework and curriculum packages, in such skill and allied areas as the Board may deem fit ;
- (4) to determine standards of admission to the courses of the Board, which may include an entrance examination, evaluation or any other method of testing or as may be defined by the Board ;
- (5) to determine, specify and receive payment of fees and penalties and other charges, as the Board may deem fit, from students and any other person, institution, industry or body corporate for assessment and examinations and other services, including security deposit, affiliation, enrollment, consultancy, conferring autonomy, equivalence and advisory services, provided by the Board ;
- (6) to facilitate instruction, in accordance with the credit framework and curriculum packages, in such skill and allied areas as the Board may deem fit, for the dissemination of knowledge and skills training and consistent with its objects ;
- (7) to award diplomas, certificates and other distinctions to candidates on behalf of the Government after passing the final examination of Board, as the case may be ;
- (8) to define norms of, examination or any other measure of assessment of knowledge and competency of a student of, or admission to, the institutions of skill education, vocational education and training affiliated to it ;
- (9) to hold examinations or other assessments of knowledge or competency, or other assessment systems affiliated to it, as the Board may, from time to time, determine ;
- (10) to affiliate and recognize vocational education and training and skill education institutions, training establishments, industry establishments, community centres, assessment bodies and skill development centres, in such manner and in accordance with such parameters as may be specified by the Board ;
- (11) to confer autonomous status on an institution in the manner laid down by the Board ;
- (12) to recognize industries, companies, national and international partners for purposes of practical training of students in skill, and to define norms for recognition of competency attained by a student in such practical training in industry for the purpose of earning credits ;
- (13) to recommend to Government for grant of permission to all institute imparting vocational education and training, skill development and entrepreneurship education for certificate and diploma level examination ;
- (14) to define norms and measures of assessment for recognition of prior learning and competency in skills, based on relevant experience at work or in industry and to assign credits for such prior learning or competency in accordance with the credit framework and to confer certificate for recognition of prior learning ;
- (15) to introduce semester system, continuous evaluation and choice-based credit system enabling credit transfer and joint diploma or dual diploma programmes with other academic institutions;
- (16) to introduce blended or distance or open or online courses of vocational education and training, skill development and entrepreneurship education ;
- (17) to lay down parameters for assessment certification and accreditation of skill trainers and training institutions in accordance with the norms prescribed, or in their absence, such norms as may be determined by the Board ;
- (18) to create administrative and other technical posts and to make appointments thereto with the prior approval of the Government ;
- (19) to undertake, or cause to be undertaken, such studies for assessment of skill needs as may be required in the future and to prepare and maintain a database of skills assessment and requirements in terms of the emerging employment market, as the case may be, relevant to the instructions imparted or proposed to be imparted by the affiliated institutions ;
- (20) to collaborate with any other University or institution of national importance in offering joint diploma programmes for bridging skill education with higher education ;
- (21) to promote international collaboration with institutions of vocational education and training for the purpose of developing competency, knowledge and ability to global standards and award joint certificate and diploma with prior permission of the Government ;
- (22) to advice the Government on matters of policy relating to Certificate and Diploma Level Vocational Education and Training, Skill Development and Entrepreneurship program of Central and State Government in general, and on the following matters, in particular, namely :-
- (a) co-ordination in between National policies and State policies in certificate and diploma level vocational education and training, skill development and entrepreneurship education ;
- (b) co-ordination in between National Skill Development Agency, National Council of Vocational Education and Training and National Skill Development Corporation for National Skill Qualification Framework ;
- (c) co-ordination with National Council of Vocational Education and Training for the implementation of policies ;
- (d) co-ordination in between Secondary, Higher Secondary and university certificate level, diploma level and degree level vocational education and training, skill development and entrepreneurship education ;
- (e) to maintain uniform standard of certificate and diploma level vocational education and training ;
- (f) to lay down guiding principles for industry institute interaction for certification and assessment ;
- (23) to lay down guiding principles for determining curricula and syllabi and also to prepare the detailed curricula and syllabi for certificate and diploma level vocational education and training, for all categories such as, regular, dual mode of training, part-time, correspondence course, yearly, semester pattern based courses and the likewise ;
- (24) to prescribe and develop any book as text book and reference book or any other learning material, whether required for class room, on line or practical training and to prepare or cause to be prepared any book and print or non-print material or to publish or to produce directly or in collaboration with any other agency, any kind of learning material for certificate and diploma level vocational education and training courses ;
- (25) to develop technological solutions and services in collaborations with industry on management and governance of online education, training and examination and assessment of the approved courses of the Board ;
- (26) to conduct statistical and other research or training programs for the purpose of design, development, implementation and evaluation of the curriculum, teaching learning process and examination in collaboration with any agency within or outside India ;
- (27) to approve the tailor-made customized courses of the Government and non-government organization for the purpose of recognition and affiliation ;
- (28) to recommend choice-based credit system in-line with skill development pedagogy, providing students the facility of multi-entry-exit and credit banking and transfer at all levels ;
- (29) to prescribe and regulate standard requirements for institutions in respect of basic facilities and other norms for affiliation and accreditation ;
- (30) to call for any information from the institute recognized by it to ensure maintenance of academic standard, to call for special reports and information from the District level offices at the District Vocational Education and Training offices of the Directorate of Vocational Education and Training, Maharashtra State, on certificate and diploma level institutions recognised by it but not maintaining the required academic standard and to recommend the withdrawal of recognition to the Governing Council and will proceed as per the directives of Governing Council regarding the withdrawal or recommend action against such institute ;
- (31) to require institutions recognized by the Board to extend their co-operation in the conduct of the examination and to withdraw the privileges of the Board from any institution, which fails to place at its disposal the facilities required to conduct examination after giving it a reasonable opportunity being heard before an order is made ;
- (32) to prescribe the general conditions governing admission of regular candidates, ex-candidates and external candidates to the examination and to specify the conditions relating to eligibility, attendance and term-work on the fulfilment of which a candidate shall have a right to be admitted to and to appear at any such examination ;
- (33) to establish skill development centers in collaboration with industry for the benefit of the industry and society for providing all types of relevant skills to students, in-service employees, working professionals and to undertake joint projects for the purpose of training or research ;
- (34) to admit candidates for the examination, according to regulations, and to declare the result of the candidates appearing at the examination conducted on such date or dates as may be fixed, by the Board ;
- (35) to conduct examination and assessment of Skill Development programmes including Artisans-to- Technocrat Scheme, State Apprenticeship Training Scheme, Vocational Education and Training at Pre Secondary School Certificate and 10+2 Level and award certificate and diploma level certificates as may be prescribed ;
- (36) to make such provisions for integrated courses in same or different disciplines in the educational programmes of the Board ;
- (37) to institute and to award scholarships, fellowships, stipends, medal, prizes and other rewards as also to prescribe condition therefor ;
- (38) to receive gifts, grants, donations or benefactions from the Central Government and the State Government and to receive bequests, donations, endowments, and trusts and transfer of movable or immovable properties from testators, donors or transferors or interest therein or right thereto, as the case may be ;
- (39) to hold any property, interest or right referred to in clause (38), and to manage and deal with the same ;
- (40) to create own, hold on hire any property or infrastructure required for functioning of Board office and District offices as may be necessary for attainment of its objects ;
- (41) to purchase or to take on lease or leave and license any land or building, premises or infrastructure which may be necessary or convenient as the Board may deem fit for attainment of its objects ;
- (42) to borrow with the previous approval of the State Government, on the security of the property of the Board, money for the purposes of the Board ;
- (43) to invest the funds of the Board in or upon such securities and transpose any investment from time to time in the banks in the interest of the Board ;
- (44) to constitute provident fund for the benefit of the officer and employees of the Board ;
- (45) to approve the annual financial statement pertaining to the Board and to recommend to the Governing Council for sanctioning the annual budget ;
- (46) to inspect and supervise generally the Board related working of the District level offices at the District Vocational Education and Training officers of the Directorate of Vocational Education and Training, Maharashtra State and to inspect periodically the accounts thereof ;
- (47) to appoint the staff of the Board as per the regulations ;
- (48) to appoint such Committees as it may think necessary for the efficient discharge of its function under this Act ;
- (49) to make regulations for the purpose of carrying out effectively the provision of this Act ;
- (50) to make bye-laws relating to matters such as procedure to be followed by the Board, their Committees and any other matter concerning the Board and their Committees that are not provided under this Act and the regulations made thereunder ;
- (51) to carry out all such acts as may be necessary to achieve the objective of this Act so as to improve, extend, expand the certificate, diploma and advance diploma level vocational education and training, skill development and entrepreneurship education in the State and to maintain and improve standard of such certificate, diploma and advance diploma level vocational education and training, skill development and entrepreneurship education ;
- (52) to make regulations for granting affiliation, recognition, equivalence, eligibility and autonomy to institutes and courses ;
- (53) to appoint paper-setters, examiners, moderators, assessors, supervisors and other necessary personnel for conducting examination, assessment of candidate's performance and for compiling and declaration of results ;
- (54) to conduct multiple enrolment cycles for Open and Online Learning programmes being offered by the Board ;
- (55) to ensure that the standard of diplomas, certificates and other academic distinctions which are not lower than those laid down by statutory regulatory authorities in India ;
- (56) to provide and acquire consultancy, affiliation and support services for furtherance of vocational education, training, skill development and entrepreneurship activities, including for affiliated institutions, examination boards, Universities, Government educational bodies, directorates and Government Department, etc., within or outside the Country ;
- (57) to discharge the functions of the State Council of Vocational Training as per the guidelines of National Council of Vocational Education and Training or as may be prescribed by the Board ;
- (58) to do all such acts and things, as may be necessary, conducive to the attainment of all or any of the objects of the Board.
Chapter III POWERS AND DUTIES OF GOVERNING COUNCIL AND BOARD
26. Powers and duties of Director of Board.
Statutory text
- (1) It shall be the duty of the Director of the Board to ensure that the provision of the Act and the regulations and bye-laws made thereunder, are observed effectively, and he shall have all the powers necessary for this purpose.
- (2) The Director shall be the Principal Academic and Chief Executive Officer of the Board responsible for the development of academic programme. He shall oversee, monitor and control the general administration of the Board to ensure efficiency and good order.
- (3) The Director shall be entitled to be present and address at any meeting of any committee of the Board.
- (4) The Director shall ensure that the directions issued by the Government, Governing Council and Board are strictly complied with or, as the case may be, implemented.
- (5) Where any matter is required to be regulated by regulations and bye-laws, but no regulations or bye-laws are made in that behalf, the Director may for the time being, regulate matter by issuing such directions as he thinks necessary, and shall place them before the Board in the next meeting for approval : Provided that, such directions shall have to be converted into regulations or bye-laws, as the case may be, within one year of issuing such directions, failing which such directions shall automatically lapse, but not affecting the action taken thereby.
- (6) In an emergency, which in the opinion of the Director of the Board, requires that immediate action should be taken, the Director shall take such action, as he deems necessary and shall thereafter report his action to the Board at its next meeting.
- (7) The Director shall exercise such other powers and perform such other duties, as may be prescribed by regulations.
Chapter III POWERS AND DUTIES OF GOVERNING COUNCIL AND BOARD
27. Powers of Government to issue directions.
Statutory text
- (1) The Government shall have the power to issue such directions as it may consider necessary, after considering the advice (if any) tendered by the Board, in regard to all or any matters specified in section 25. The Board concerned shall comply with such directions.
- (2) The Government shall have right to address the Board with reference to anything it has conducted or done or is conducting or doing or intends to conduct or do and to communicate to the Board its views in the matter.
- (3) The Board shall report to the Government such action, if any, as it proposes to take or has taken upon the communication, and shall furnish an explanation if it fails to take action.
- (4) If the Board does not take action within a reasonable time, to the satisfaction of the Government, the Government may after considering any explanation furnished or representation made by the Board, issue such direction consistent with this Act as it may think fit, and the Board shall comply with such directions.
- (5) In an emergency, which in the opinion of the Government, require that immediate action should be taken, the Government may take such action consistent with this Act, as it deems necessary, without previous consultation with the Board and shall forthwith inform it of the action taken.
- (6) The Government may, by order in writing, specifying the reason thereof, suspend the execution of any resolution or order of the Board and prohibit the doing of the action ordered to be or purporting to be ordered to be done by the Board, if the Government is of the opinion that such resolution, order or act, is in excess of the powers conferred by or under this Act upon the Board.
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