The Himachal Pradesh Takniki Shiksha Board Act, 1986
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH TAKNIKI SHIKSHA BOARD ACT, 1986
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Establishment of the Board.
4. Constitution of the Board.
5. Headquarters of the Board.
6. Term of office of members and filling of casual vacancies.
7. Quorum.
8. Proceedings not to be invalidated by reason of vacancies and
irregularities.
9. Members debarred from taking part in discussion.
10. Meeting of the Board.
11. Secretary of the Board.
12. Functions and duties of the Board.
13. Power of the Board.
14. Powers of the State Government.
15. Power to make regulations.
16. Power to make bye-laws.
17. Constitution of Board Fund.
18. Custody and investment.
19. Application of Board Fund.
20. Audit of accounts of the Board.
21. Contracts.
22. Officers of the Board.
23. Chairman.
24. Powers and duties of the Chairman.
25. Vice-Chairman.
26. Powers and duties of the Vice-Chairman.
27. Powers and duties of the Secretary.
28. Other officers and servants of the Board.
29. Appointment and constitution of committees.
30. Exercise of powers delegated by Board to committees.
31. First Regulations of the Board.
32. Copies of regulations and alteration thereof.
33. Consequences to ensure on commencement of the Act.
34. Power to remove difficulties.
35. Laying of the annual and audit reports of the Board.
36. Powers to make rules.
37. Statutes, regulations and certain orders to be laid before the State
Legislative Assembly.
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THE HIMACHAL PRADESH TAKNIKI SHIKSHA BOARD ACT, 1986
(ACT NO. 14 OF 1986)1
(Received the assent of the Governor, Himachal Pradesh on the 3rd
May, 1996 and was published in Hindi in R.H.P. Extra., dated 6-5-1986 p.
811-823 and in English R.H.P. Extra., dated 6-5-1986, P. 824-835.)
Amended, repealed or otherwise effective by,-
(i) H.P. Act No. 20 of 19872, published in R.H.P. Extra., dated
18.9.1987, p. 1780, effective w.e.f. 16-6-1987.
An Act to provide for the establishment and constitution of the Himachal
Pradesh TaknikiShiksha Board in the State of Himachal Pradesh
and for matters, connected therewith.
BE it enacted by the Himachal Pradesh Legislative Assembly in the
Thirty-seventh Year of the Republic of India as follows:-
1. Short title, extent and commencement.-(1) This Act may be
called the Himachal Pradesh Takniki Shiksha Board Act, 1986.
(2) It shall extend to the whole of HimachalPradeshState.
(3) It shall come into force on such date3 as the State Government
may, by notification published in the Official Gazette, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
1Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. Extra., dated 25-3-1986, p. 473-491).
2Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. Extra., dated 10.9.1987, p. 1650 & 1652. 3 Act came into force on 15th Day of July, 1986 vide Not. No. 5-26/83-STV (TE),
dated 5-7-1986, published in R.H.P. Extra., dated 5-7-1986, p. 1167-1168.
(a) “affiliated institution” means an institution affiliated to the Board
in respect of any course or courses of study in accordance with
the provisions of the Act or regulations made thereunder;
(b) “Board” means the Himachal Pradesh TaknikiShiksha Board
established under section 3;
(c) “bye-laws” means by-laws made by the Board under this Act;
(d) “centre” means the institution or the place fixed by the Board for
the purpose of holding its examinations and includes the premises
attached or appurtenant thereto;
(e) “certificate” means the certificate awarded by the Board to a
person for successfully completing in an affiliated institution
such courses of study as may from time to time be prescribed by
regulations;
(f) “Chairman” means the Chairman of the Board;
(g) “diploma” means a diploma awarded by the Board to a person for
successfully completing in an affiliated institution such courses
of study as may from time to time be prescribed by regulations;
(h) “director” means the Director of Technical Education, Vocational
and Industrial Training, Himachal Pradesh;
(i) “industrial training ” means training imparted to students in
Industrial Training Institutions;
(j) “institution” means institution imparting technical education and
industrial training;
(k) “invigilator” means a person who assists the Superintendent of a
centre in conducting and supervising the examination at the
centre and includes a project observer in relation to a project
examination;
(l) “member” means a member of the Board and includes the
Chairman and Vice-Chairman thereof;
(m) “Official Gazette” means the Rajpatra, Himachal Pradesh;
(n) “Principal” means the Head of the Institution;
(o) “regulation” means regulation made by the Board under this Act;
(p) “Secretary” means the Secretary to the Board;
(q) “State” means the State of Himachal Pradesh;
(r) “Superintendent of the centre” means person appointed by the
Board to conduct and supervise examination of the Board and
includes an Additional Superintendent and an Associate
Superintendent;
(s) “technical education” means the education imparted to students in
the technical institutions; and
(t) “Vice-Chairman” means the Vice-Chairman of the Board.
3. Establishment of the Board.- (1) There shall be established by the
State Government by notification in the Official Gazette a Board to be called
“THE HIMACHAL PRADESH TAKNIKI SHIKSHA BOARD” and such
a notification may be made at any time after the commencement of this Act,
notwithstanding the fact that one or more of the seats of members are yet to be
filled.
(2) The Board incorporated under sub-section (1) shall be a body
corporate having perpetual succession and a common seal with power, subject
to the provisions of this Act, to acquire and hold property, both movable and
immovable to transfer any property held by it, enter into contracts and to do
all other things necessary for the purpose of its constitution and may sue or be
sued in its corporate name.
4. Constitution of the Board.- (1) The Board shall consist of the
Chairman, the Vice-Chairman and the following members, namely:-
I. Ex-officio Members:
(i) one representative of the Ministry for the time being dealing with
technical education in the Government of India;
(ii) one representative of the Nothern Regional Committee of All
India Council of Technical Education;
(iii) the Secretary (Technical Education) to the Government of
Himachal Pradesh;
(iv) the Secretary (Finance) to the Government of Himachal Pradesh;
(v) theLabour Commissioner, Himachal Pradesh;
(vi) the Director of Industries, Himachal Pradesh;
(vii) the Registrar, HimachalPradeshUniversity;
(viii) the Principal, RegionalEngineeringCollege, Hamirpur,
Himachal Pradesh;
II. Elected Members:
(ix) two persons elected by the Himachal Pradesh Vidhan Sabha from
amongst its members in the manner prescribed by the Speaker.
III. Nominated Members: (to be nominated by the State
Government)
(x) one Chief Engineer of the Public Works Department, Himachal
Pradesh Government;
(xi) one Chief Engineer, Himachal Pradesh State Electricity Board;
(xii) two industrialists;
(xiii) one Principal of Polytechnics in the State;
(xiv) one Principal of Industrial Training Institutes in the State;
(xv) one member to secure representation of such interests as are not
otherwise represented;
IV. Co-opted Members:
(xvi) one member to be co-opted by the Board for his expert and wide
knowledge of technical education;
(2) The members mentioned in sub-clauses (iii) and (iv) of sub-
section (1) may, instead of attending any meeting of the Board themselves,
depute any officer subordinate to them, not below the rank of the Under
Secretary to the Government of Himachal Pradesh and the officers so deputed
shall be entitled to take part in the proceedings of the particular meeting for
which they are deputed and shall also be entitled to vote at such meeting.
5. Headquarters of the Board.- The Board shall have its
headquarters at a place to be notified by the State Government in the Official
Gazette.
6. Term of office of members and filling of casual vacancies.- (1)
The term of the office of members other than ex-officio members shall be
three years.
(2) If any elected member ceases for any reason to be a member of the
Legislative Assembly from which he was elected, he shall cease to be a
member and his office shall become vacant.
(3) Notwithstanding anything contained in this section, an outgoing
member shall, unless the Government otherwise directs, continue in office
until the election, nomination or co-option of his successor is notified in the
Official Gazette.
(4) If the Government considers that the continuance in office of any
nominated member is not in the interest of the Board, the Government may,
after giving him a reasonable opportunity of being heard, make an order
terminating his nomination and thereupon he shall cease to be a member of
the Board notwithstanding that the term for which he was nominated has not
expired.
(5) Any member of the Board may resign his office by a letter
addressed to the Chairman. The resignation shall take effect from the date of
acceptance of his resignation by the Chairman.
(6) In the event of a casual vacancy occurring by reason of death,
resignation or termination of nomination of a member or for any other reason,
such vacancy shall be filled by election, nomination, or co-option, as the case
may be, and any person so elected, nominated or co-opted to fill such vacancy
shall hold office for the term for which it was tenable by the person in whose
place he has been so elected, nominated or co-opted.
(7) An outgoing member shall be eligible for re-election, re-
nomination or re-co-option.
(8) The name of every person elected, nominated or co-opted shall be
notified in the official Gazette.
7. Quorum.- No business shall be transacted at a meeting of the
Board unless atleast seven members are present.
8. Proceedings not to be invalidated by reason of vacancies and
irregularities.- Subject to the provisions contained in section 7, no act or
proceeding of the Board or a committee thereof shall be invalid merely by
reason of the existence of a vacancy among its members or by reason of a
defect in its constitution or an irregularity in procedure not affecting the
merits of the case.
9.Members debarred from taking part in discussion.- No member
shall take part in the discussion of, or exercise his vote on, any matter in
which he has any personal or pecuniary interest.
10.Meeting of the Board.- (1) The Board shall meet at such times
and places and shall observe such procedure in transacting the business at its
meeting including the quorum thereat, as may be provided by bye-laws made
in this behalf.
(2) The Chairman, and in his absence, the Vice-Chairman, shall
preside at the meetings of the Board. In the absence of both, any member
chosen by the members present in the meeting shall preside at that meeting.
(3) All questions arising in a meeting of the Board shall be decided by
majority of votes of the members present and voting and, in case of equality
of votes, the person presiding such meeting shall have a second or casting
vote.
11. Secretary of the Board.- The State Government shall appoint a
Secretary to the Board to assist the Board in carrying out the purposes of this
Act.
12.Functions and duties of the Board.- Subject to the provisions of
this Act and the rules and regulations made thereunder, the functions and
duties of the Board shall be-
(i)to affiliate institutions and prescribe courses of study and
instructions leading to examinations conducted by it;
(ii) to prescribe standards for buildings and equipment of affiliated
institutions;
(iii) to prescribe educational qualifications and other standards for the
members of the staff of the affiliated institutions;
(iv) to prescribe educational qualifications for admission of students
to affiliated institutions;
(v) to prescribe the manner of admission of students to affiliated
institutions;
(vi) to admit candidates to examinations conducted by it;
(vii) to conduct examinations for promotion from lower to higher
classes and also for awarding certificates and diplomas;
(viii) to publish results of examinations conducted by it;
(ix) to grant certificates and diplomas to students who have
completed the prescribed course of study in an affiliated
institution and have passed the examinations conducted by it;
(x) to co-operate with other authorities and bodies in such manner and
for such purposes as may be necessary for giving effect to the
provisions of this Act;
(xi) to advise the State Government on co-ordinated development of
technical education and training regarding the same;
(xii) to do all other such acts and things as may be necessary for the
proper discharge of its functions under this Act or the rules or
regulations made thereunder; and
(xiii) to carry out such other duties as may be imposed upon it under
this Act or the rules or regulations made thereunder.
13. Power of the Board.- (1) The Board shall, subject to the
provisions of this Act and the rules made thereunder, have all such powers as
may be necessary for the discharge of its functions and the performance of its
duties under this Act and rules or regulations made thereunder.
(2) In particular and without prejudice to the generality of the
foregoing powers, the Board shall have the powers-
(i) after giving the candidate a reasonable opportunity of being heard,
to cancel an examination, or withhold the result of an examination,
of a candidate, or to disallow him from appearing at any future
examination who is found by it to be guilty of-
(a) using unfair means in the examination;
(b) making any incorrect statement or suppressing material
information or fact in the application form for admission to the
institution or to the examination;
(c) fraud or impersonation at the examination;
(d) securing admission to the examination in contravention of the
rules governing admission to such examination; or
(e) any act of gross indiscipline in the course of the examination;
(ii) to deduct marks at any examination of any candidate found by it
to be guilty of any act of indiscipline in the course of the
examination;
(iii) to cancel the result of an examination of any candidate found by
it to be guilty of all or any of the acts mentioned in sub-clauses
(a) to (d) of clause (i) or for any bona fide error of the Board in
the declaration of the result:
Provided that the result of an examination shall not be cancelled on
the ground of a bona fide error of the Board, after the expiry of 90 days from
the date of announcement of the result of the examination;
(iv) to prescribed fees for the examinations conducted by it and
provide for the manner of their realisation;
(v) to refuse affiliation of an institution-
(a) which does not fulfil, or is not a position to fulfil or does not
come upto the standards for staff, instruction, equipment or
buildings laid down by the Board in this behalf, or
(b) which does not or is not willing to abide by the conditions of
affiliation laid down by the board in this behalf;
(vi) after giving the institution concerned a reasonable opportunity of
being heard, to withdraw affiliation of an institution not able to
adhere to or make a provision for standards of staff, instruction
equipment or building laid down by the board, or on its failure to
observe the conditions of affiliation to the satisfaction of the
Board;
(vii) to call for reports from the heads of affiliated institutions in
respect of any act done in contravention of the rules or
regulations or decisions, instructions or directions of the Board,
and take suitable action for the enforcement of the rules or
regulations or decisions, instructions or directions of the Board,
in such manner as may be prescribed by the regulations;
(viii) to inspect an affiliated institution for the purpose of ensuring
due observance of the prescribed courses of study and to ensure
that facilities for instructions are duly provided a and availed of;
and
(ix) to fix the maximum number of students that may be admitted to
courses of study in an affiliated institution.
(3) The decision of the Board in all matters mentioned in sub-sections
(1) and (2) shall be final.
14. Power of the State Government.- (1) The State Government
shall have the right to address the Board with reference to anything conducted
or done by the Board and to communicate to the Board its views on any
matter with which the Board is concerned.
(2) The Board shall report to the State Government such action, if
any, as it proposes to take or has taken upon the communication received
under sub-section (1) and shall furnish an explanation if it fails to take action.
(3) if the Board does not, within a reasonable time, take action to the
satisfaction of the State Government with reference to the matter on which a
communication has been received under sub-section (1), the State
Government may, after considering the explanation furnished or
representation, if any, made by the Board, issue such directions consistent
with this Act, as it may think fit and the Board shall comply with such
directions.
(4) In any emergency which in the opinion of the State Government,
requires that immediate action should be taken, the State Government may
take such action consistent with this Act as it deems necessary, without
previous consultation with the Board, and shall forthwith inform the Board
thereof.
(5) The State Government may, after giving the Board a reasonable
opportunity of being heard and by order in writing specifying the reasons
therefore, suspend the execution of any resolution or order of the Board and
prohibit the doing of any act ordered or purporting to be ordered to be done by
the Board if the State 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.
15. Power to make regulations.- (1) The Board may, for carrying out
the purposes of this Act, make regulations consistent with the provisions of
this Act and the rules framed thereunder and submit the same for approval of
the State Government. The State Government may approve, modify or vary
the regulations. The regulations, as approved by the State Government, shall
be published in the Official Gazette and shall take effect from the date of
publication, and where a date has been specified from that date.
(2) Without prejudice to the generality of the foregoing powers, the
regulations may provide for-
(a) the appointment, constitution, powers and duties of the committees
and sub-committees constituted under this Act;
(b) the manner and conditions of conferment of certificate and
diplomas;
(c) the conditions for affiliations of institution;
(d) the courses of study to be prescribed for certificate and diploma
examinations;
(e) the conditions under which candidates shall be admitted to the
examination of the Board and shall be eligible for certificates and
diplomas;
(f) the fees for admission to the examinations of the Board and the
manner of their realisation;
(g) the conduct of examinations;
(h) the appointment of examinations, moderators, collators,
scrutinizers, tabulators, centre inspectors, superintendents of
centers and invigilators, and their duties and powers in relation to
the Board’s examinations, and the rates of their remuneration.
(i) standards for buildings, including land appurtenant thereto, the
equipment and apparatus necessary for institutions seeking
affiliation;
(j) publication of results of examinations conducted by the Board;
(k) the minimum educational and other qualifications for admission of
students to an affiliated institution;
(l) admission of students to affiliated institutions;
(m) the inspection of affiliated institutions with a view to ensuring
due observance of the prescribed courses of study and that
facilities for instruction are duly provided and availed of;
(n) the conditions under which a candidate may be disallowed
admission to the examination of the Board in courses of study in
an affiliated institution;
(o) withholding or cancelling results of an examination conducted by
the Board and cancelling an examination conducted by it in
respect of any candidate;
(p) the circumstances under which affiliation of an institution may be
withdrawn or refused;
(q) inspection of a centre; and
(r) any other matter which under this Act or rules made thereunder is
to be or may be prescribed by regulations.
16. Power to make bye-laws.- (1) The Board may make bye-laws for
giving effect to the provisions of this Act and the rules and the regulations
made thereunder.
(2) Without prejudice to the generality of the foregoing powers, such
bye-laws may provide for-
(a) the procedure to be observed at meetings of the Board;
(b) the giving of notice to members of the Board, a committee or a
sub-committee of the date of a meeting and of the business to be
considered thereat and for the keeping of the record proceedings
of such meeting; and
(c) any other matter which, under this Act or the rules or regulations
made thereunder, is to be or may be prescribed by bye-laws.
17. Constitution of Board Fund.- A Board shall be constituted and
all sums received by or on behalf of the Board under this Act or otherwise
shall be placed to the credit thereof.
18. Custody and investment.- (1) All moneys at credit of the Board
Fund, except moneys required for day-to-day expenditure, shall be kept in the
Current or Savings Accounts with a Scheduled Bank:
Provided that nothing in this section shall be deemed to preclude the
Board from investing such moneys as are not required for immediate
expenditure in any of the Government securities or in fixed deposits in a
Scheduled Bank.
Explanation.- For the purposes of this sub-section “Scheduled Bank”
means a bank included in the second Schedule to the Reserve Bank of India
Act, 1934 (2 of 1934).
(2) Accounts of the Board with a bank may be operated by the
Secretary of the Board or by such other officers as may be specified by the
Board.-
19. Application of Board Fund.- Subject to the provisions of this
Act, the Board Fund shall be applicable-
(i) only to the payment of the charges and expenses in connection
with or incidental to the several matters specified in this Act; and
(ii) to any other purposes for which by or under this Act powers are
conferred or duties are imposed upon the Board.
20. Audit of accounts of the Board.-The accounts of the Board shall
be audited annually by such agency as may be specified by the State
Government and a copy of the audited accounts and balance sheet shall be
submitted by the Board to the State Government each year by such date as the
State Government may specify.
21. Contracts.- All contracts in writing and assurances in respect of
property of the Board shall be signed by the Secretary on behalf of the Board
or in such other manner, as may be prescribed, and shall, if so signed, be
binding on the Board.
22. Officers of the Board.- Subject to other provisions of this Act,
the following shall be the officers of the Board, namely:-
(1) the Chairman;
(2) the vice-chairman
(3) the Secretary to the Board; and
(4) such other officers as may be declared by the regulations to be the
officers of the Board.
23. Chairman.- (1) The State Government shall nominate/appoint a
person to be the Chairman of the Board form amongst eminent educationists
or persons having administrative experience on such terms and conditions and
for such period as may be prescribed by the Government.
(2) If the Chairman (a) wilfully omits or refuses to carry out the
provisions of the Act, or (b) abuses the powers vested in him, or (c) if it
appears to the Government that the continuance of the Chairman in office is
detrimental to the interests of the Board, the Government may, after giving
him a reasonable opportunity of being heard, by order remove the Chairman.
(3) The Government will have the right to terminate the services of
the Chairman at may time, even before the expiry of his term of office.
24. Power and duties of the Chairman.- (1) The Chairman shall be
the administrative head of the Board. It shall be the duty of the Chairman to
see that this Act and the rules and regulations framed thereunder are strictly
followed and he shall have all necessary powers for this purpose.
(2) The Chairman may, at any time, and shall, at prescribed intervals
or on receipt of a requisition signed by not less than one-third of the total
number of members of the Board and stating the business to be brought before
the Board, call a meeting of the Board in the prescribed manner.
(3) In any emergency, arising out of the administrative business of the
Board, which, in the opinion of the Chairman, requires that immediate action
should be taken, the Chairman shall take such action as he deems necessary
and shall thereafter report that action to the Board at its next meeting.
(4) The Chairman shall preside at every meeting of the Board at
which he is present.
(5) The Chairman shall exercise such other power as may be vested in
him by the 1[rules].
25. Vice-Chairman.- The Director of Technical Education, Himachal
Pradesh, shall be the ex-officio Vice-Chairman of the Board.
26. Power and duties of the Vice-Chairman.- The Vice-Chairman
shall assist the Chairman in all matters, administrative and academic, and shall
discharge such duties and exercise such powers as may be delegated to him by
the Chairman, and shall in the latter’s absence exercise all the power of the
Chairman.
27. Power and duties of the Secretary.- (1) The Secretary shall,
subject to control of the Chairman, be the Chief Executive Officer of the
Board.
(2) All the meeting of the Board shall be convened through the
Secretary in the manner provided by the regulations.
(3) The Secretary shall be responsible for ensuring that all moneys are
expended for the purposes, for which they are granted or allotted.
(4) The Secretary shall be responsible for keeping the minutes of all
meetings of the Board.
(5) The secretary shall be entitled to be present and to speak at any
meeting of the Board but shall not be entitled to vote thereat.
1 Subs. for the word “regulations” vide Act No. 20 of 1987 effective w.e.f. 16-6-
1987.
(6) The Secretary shall exercise such other powers as may be laid
down in the 1[rules].
28. Other officers and servants of the Board.- (1) The State
Government may appoint Deputy Secretaries to the Board and such number of
Assistant Secretaries thereof, on such conditions and for such period as the
Government may deem fit.
(2) The officers appointed under sub-section (1) shall perform such
functions and exercise such powers as may be prescribed.
(3) The Board may appoint such other officers and servants as it
considers necessary for the efficient performance of its functions.
(4) The qualifications, conditions of service and scales of pay of
officers and servants of the Board, other than Secretary/ Deputy Secretary and
assistant Secretary shall be determined by the Regulations.
29. Appointment and constitution of committees.- (1) The Board
may appoint such committees as are deemed proper for the furtherance of any
of its objectives.
(2) Every such committee shall consist of such members of the Board
and of such other persons, if any, as the Board may think fit.
(3) Every such committee may co-opt persons to be members from
amongst the members of the Board to the extent of one-third of the members
appointed to it.
(4) The term of the members shall be as prescribed by regulations.
30. Exercise of powers delegated by Board to committees.- All
matters relating to the exercise by the Board of powers conferred upon it by
this Act which have, by regulations, been delegated by the Board to any
committee appointed under section 29 shall stand referred to that committee,
and the Board before exercising any such powers, shall receive and consider
the report of the committee with respect to the matter in question:
Provided that where, in the opinion of the Board immediate action is
necessary with respect to any such matter, it may proceed to deal with it
without the report of the committee in respect thereof and pass such orders
thereon as it considers necessary.
31. First regulations of the Board.- (1) The First regulations shall be
made by the State Government and they shall be deemed to have been made
by the Board and continue in force until altered or modified by the Board.
(2) The regulations made under sub-section (1) shall not take effect
until these have been published in the Official Gazette.
32. Copies of regulations and alterations thereof.- A copy of every
Regulation made by the Board under section 15 and of every modification or
1 Subs. for the word “regulations” vide Act No. 20 of 1987 effective w.e.f. 16-6-
1987.
revision thereof or of each of the First Regulations of the Board made or
deemed to have been made under section 31 shall be submitted without undue
delay to the Government for information.
33. Consequences to ensue on commencement of the Act.- As from
the date specified for the establishment of the Board in the notification under
sub-section (1) of section 3, the following provisions shall have effect,
namely:-
(i) notwithstanding anything contained in this Act, all technical
educational institutions admitted to the privileges of the State
Board of Technical Education Haryana in respect of technical
education and situate within Himachal Pradesh shall in respect of
such technical education, with effect from the date of
commencement of this Act, be deemed to be admitted to the
privileges of the Board, and the Board shall, as far as possible
and consistent with this Act, admit such institutions to all such
privileges in respect of technical education as they had from the
State Board of Technical Education Haryana before the said date;
and
(ii) notwithstanding anything contained in this Act or the rules and
regulations made thereunder, the Board shall provide for such
period, and in such manner, as may be prescribed, for the
instructions, teaching and training of students of institutions
situate within Himachal Pradesh and admitted to the privileges of
the State Board of technical Education Haryana who before the
date of the commencement of this Act were studying or were
eligible for the examination of the said Board in technical
education and for examination of such students and others in
accordance with the courses of studies of the said Board.
34. Power to remove difficulties.- The State Government may, with
a view to remove any difficulty in giving effect to the provisions of this Act,
regulate by order any matter which is to be regulated by a rule or regulation
under this Act.
35. Laying of the annual and audit reports of the Board.- (1) The
Board shall prepare once in a year, in such form at such times, as may be
directed by the State Government, an annual report, giving a true and full
account of its activities during the preceding year, and a copy thereof shall be
forwarded to the State Government.
(2) Soon after the submission of the audit report under section 20, and
the annual report under sub-section (1), of the Board, the State Government
shall cause the said reports to be laid before the State Legislative Assembly:
Provided that when these reports are to be laid in the Budget session,
those shall be laid on the Table of the House on the first sitting of the said
session:
Provided further that the period intervening between the close of the
financial year to which the reports pertain and the laying of the reports shall
not exceed nine months.
36. Powers to make rules.- (1) The State Government may, by
notification and after previous publication in the Official Gazette, make rules
to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such
rules may provide for-
(a) the rates of traveling and daily allowances payable to members of
the Board, committee and sub-committees and the persons co-
opted thereto, and the manner of their payment;
(b) the powers, duties and functions of the Board, the Chairman, the
vice-Chairman and the Secretary; and
(c) any other matter which under this Act is to be or be or may be
prescribed by rules.
37. Statutes, regulations and certain orders to be laid before the
State Legislative Assembly. - Every rule, First Regulation or order made by
the State Government under sections 36, 31 and 34, and every regulation or
bye-law made by the Board under sections 16 and 32 shall be laid, as soon as
may be after it is made, before the State legislative Assembly, while it is in
session, for a total period of ten days which may be comprised in one session
or in two or more successive sessions, and if, before the expiry of the session
in which it is so laid or the successive sessions aforesaid, the Legislative
Assembly agrees in making any modification in it or agrees that it should not
be made, the rule, regulation, bye-law or order shall have effect only in such
modified form or be of no effect, as the case may be, so, however, that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule, regulation, bye-law or order, as the
case may be.
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