The West Bengal State Council Of Technical And Vocational Education And Skill Development Act, 2013

iStilkata 
ctAtl 
Extraordinary 
Published by Authority 
Registered No. WB/SC-247 	
No. WB(Part-IIB/2014/SAR-8 
MAGHA 25] 	
FRIDAY. FEBRUARY 14. 2014 	
[SAKA 1935 
PART III—Acts of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NOTIFICATION 
No. 271-L.-14th February. 2014.—The following Act of the West Bengal Legislature, having been assented by 
the Governor, is hereby published for general information: 	  
West Bengal Act XXVI of 2013 
THE WEST BENGAL STATE COUNCIL OF TECHNICAL AND 
VOCATIONAL EDUCATION AND SKILL DEVELOPMENT 
ACT, 2013. 
CONTENTS 
CHAPTER I 
Preliminary 
Sections. 
1. Short title, extent and commencement. 
2. Definitions. 
CHAPTER II 
Council 
3. Establishment, incorporation and jurisdiction of Council. 
4. Aims of the Council. 
THE KOLKATA GAZETTE, EXTRAORDINARY. FEBRUARY 14. 2014 	 [PART III 
The West Bengal State Council of Technical and Vocational 
Education and Skill Development Act, 2013. 
5. Composition of the Council. 
6. Issue of appointment letter and publication of names of appointed or 
nominated members. 
7. Terms of office of members of Council. 
8. Casual vacancy. 
9. Terms and conditions of service of members of Council. 
10. Meetings of Council. 
11. Effect of vacancies amongst members or defect in constitution of 
Council on acts or proceedings of Council. 
12. Appointment of Consultants or Associates on a Temporary basis by 
Council for particular purpose. 
13. Staff of Council. 
14. Authentication of orders and other instruments of Council. 
15. Allowance. 
CHAPTER III 
Power and Functions of the Council 
16. Powers and functions of the Council. 
17. Powers and functions of Chief Administrative Officer (CAO). 
CHAPTER IV 
Committees of the Council 
18. Executive Committee of Council. 
19. Board of Studies and Skilling. 
20. Board of Assessment, Examination and Certification. 
21. Recognition Committee. 
CHAPTER V 
Finance, Accounts and Audit 
22. Budget. 
23. Payment to Council by State Government. 
24. Council Fund. 
25. Application of Fund. 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY. FEBRUARY 14, 2014 	 3 
The West Bengal State Council of Technical and Vocational 
Education and Skill Development Act, 2013. 
26. Annual Report. 
27. Accounts. 
28. Audit and Audit Report. 
CHAPTER VI 
Supplementary Provisions 
29. Council to Furnish information. 
30. Power of the State Government to suspend proceedings. 
31. Certain persons to deem to be public servants. 
32. Indemnity. 
33. Power to make rules.  
34. Power to make regulations. 
35. Council to be guided by direction of State Government. 
36. Supersession of Council. 
37. Consequence of supersession. 
38. Council to continue as body corporate. 
39. Re-establishment of Council. 
40. Power to remove difficulties. 
41. Repeal and saving. 
4 	 THE KOLKATA GAZETTE. EXTRAORDINARY. FEBRUARY 14, 2014 	 [PART III 
West Bengal Act XXVI of 2013 
Short tide, extent 
and 
commencement. 
Definitions. 
THE WEST BENGAL STATE COUNCIL OF TECHNICAL AND 
VOCATIONAL EDUCATION AND SKILL DEVELOPMENT 
ACT, 2013. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Kolkata Gazette, 
Extraordinary, of the 14th February, 2014.] 
An Act to provide for the establishment of single State Council of Technical and 
Vocational Education and Skill Development by amalgamating two Councils, 
namely, the West Bengal State Council of Technical Education and the West Bengal 
State Council of Vocational Education and Training in order to establish an 
integrated, appropriate and unified framework to enable appropriate competencies 
in the skilling of manpower of the State in terms of different trades or skills, and to 
take steps to strengthen skill development initiatives in a co-ordinated manner and 
to provide for the matters connected therewith or incidental thereto. 
WHEREAS it is expedient to provide for the establishment of single State Council 
of Technical and Vocational Education and Skill Development by amalgamating 
two Councils, namely, the West Bengal State Council of Technical Education and 
the West Bengal State Council of Vocational Education and Training in order to 
establish an integrated, appropriate and unified framework to enable appropriate 
competencies in the skilling of manpower of the State in terms of different trades 
or skills, and to take steps to strengthen skill development initiatives in a co-
ordinated manner and to provide for the matters connected therewith or incidental 
thereto; 
It is hereby enacted in the Sixty-fourth Year of the Republic of India, by the 
Legislature of West Bengal, as follows:— 
CHAPTER I 
Preliminary 
1. (1) This Act may be called the West Bengal State Council of Technical 
and Vocational Education and Skill Development Act, 2013. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force on such date as the State Government may, by 
notification, appoint. 
2. In this Act, unless there is anything repugnant in the subject or context,— 
(a) "affiliated", in relation to an institution, means affiliated to the Council 
under this Act; 
(b) "Board of Assessment, Examination and Certification" means the 
Board of Assessment, Examination and Certification constituted by 
the Council under section 20; 
(c) "Board of Studies and Skilling" means the Board of Studies and Skilling 
constituted by the Council under section 19; 
(d) "Chairperson" means the Chairperson of the Council and he shall be 
the Chief executive of the Council; 
(e) "Chief Administrative Officer (CAO)" means the Officer of the Council 
appointed under section 6 and exercising such powers, and carrying 
out such functions, as mentioned in section 17; 
1 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 14, 2014 	 5 
The West Bengal State Council of Technical and Vocational 
Education and Skill Development Act, 2013. 
(Chapter 11. Council—Section 3.) 
(f) "Council" means the West Bengal State Council of Technical and 
Vocational Education and Skill Development established under sub-
section (1) of section 3; 
(g) "Fund" means the West Bengal State Council of Technical and 
Vocational Education and Skill Development Fund referred to in sub-
section (1) of section 24; 
(h) "Institution" means a Polytechnic, Industrial Training Institute, 
Industrial Training Centre, Schools having Vocational Training and 
includes such non-Government Institute, Private Vocational Training 
or Skill Providers, in which instruction is provided for courses in 
technical education or vocational training or skill development as the 
State Government may, by notification, specify; 
(i) "member" means a member of the Council and includes the 
Chairperson, the Vice-Chairperson, the Chief Administrative Officer 
(CAO); 
(j) "notification" means a notification published in the Official Gazette; 
(k) "Polytechnic" means an institution in which instruction is provided 
for courses of study in technical education leading to a diploma of the 
Council; 
(1) "prescribed" means prescribed by rules made under this Act; 
(m) "recognized", in relation to an affiliated institution, means recognized 
by the Council; 
(n) "regulation" means a regulation made by the Council under this Act; 
(o) "rules" mean rules made by the State Government under this Act; 
(p) "Secretary", in the appropriate context, means the Member-Secretary 
of the Council; 
(q) "State Government" means the Government of West Bengal; 
(r) "technical and vocational education and skill development" means a 
systematic course of instruction and skill training in the field of 
engineering, technology, agriculture, dairy and poultry, paramedical, 
social science, applied arts and crafts or vocational trades in service 
sector or such other subject as the State Government, in consultation 
with the Council, may, by notification, declare; 
(s) "technical or vocational or skill development institution" means an 
institution in which skill training is provided in the field of engineering, 
technology, agriculture, dairy and poultry, paramedical, social science, 
applied arts and crafts, any subject related to service sector and such 
other vocational courses leading to any pre or post vocational 
certificate, and includes such other institutions as the State Government, 
in consultation with the Council, may, by notification, declare as 
technical or vocational or skill development institutions. 
CHAPTER II 
Council 
Establishment, 
incorporation and 
jurisdiction of 
Council. 
3. (1) The State Government shall, as soon as may be after the commencement 
of this Act, establish a Council to be called the West Bengal State Council of 
Technical and Vocational Education and Skill Development. 
6 	 THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 14, 2014 	 [PART III 
The West Bengal State Council of Technical and Vocational 
Education and Skill Development Act, 2013. 
Aims of the 
Council. 
Composition of 
the Council. 
5. The Council shall consist of the following members:— 
(a) a person of eminence with experience in the 
field of Technical and Vocational Education 
or Skill Development or Finance or Law or 
Industry or in the fields associated with any of 
the afore- mentioned fields, to be nominated 
by the Chief Minister; 
(b) Secretary, Department of Technical Education 
and Training, Government of West Bengal; 
(Chapter IL—Council. 	 Sections 4, 5.) 
(2) The Council shall be a body corporate, having perpetual succession and a 
common seal, with power to acquire, hold and dispose of property, both movable 
and immovable, to enter into contracts and to do all other things necessary for the 
purposes of this Act, and shall by its name sue and be sued. 
(3) The head office of the Council shall be located at Kolkata at a place to be 
notified by the State Government and the Council may, with the prior approval of 
the State Government, establish offices at any other places in West Bengal. 
(4) After the commencement of this Act, the Council shall be solely authorized 
and responsible for those aspects of technical and vocational education and skill 
development at all levels in West Bengal. 
4. The aims of the Council are— 
(1) to identify and confirm gap in skilled manpower in different sectors, 
identified by the Central Government and State Government or by 
any agency of the State Government or through collaborations with 
Sector Skill Councils (as may be constituted by the State Government 
from time to time), or the Chambers of Commerce, or the skilled 
manpower requirements of the various sectors from time to time, to 
enable suitable interventions for skill development; 
(2) to collaborate with various agencies including Sector Skill Councils, 
the Chambers of Commerce, the Industries Associations for 
determination of Occupational Standards (OS) and competency 
standards in each sector to enable adoption of job description, specific 
Qualification Packs and derive competency based training course for 
various job roles leading to assessment and certification based on a 
national level framework, or as finalized by the State Government 
thereby facilitating employment or self employment; 
(3) to establish necessary protocol for design and development of uniform 
course curricula or syllabi and durations thereof, evaluation 
procedures and standards and certification while recommending 
training infrastructure or facilities and qualification of trainers etc. 
needed to conduct such formal or non-formal vocational courses that 
may be run by the State Government or its agencies; 
(4) to give emphasis on national or international practices including 
nomenclature of the courses in line with nationally recognized courses 
for facilitating recognition from stake holders. 
Chairperson; 
ex officio Vice-
Chairperson; 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY. FEBRUARY 14, 2014 	 7 
The West Bengal State Council of Technical and Vocational 
Education and Skill Development Act, 2013. 
(Chapter IL- Councit—Sections 6, 7.) 
(c) Not more than ten (10) officials with experience 
and/or expertise in the field of Technical and 
Vocational Education. Skill Development, 
Industrial Training, Micro Small Medium 
Enterprises, Commerce and Indusrty, Labour, 
Finance, Law, Social Sector, Education, 
Technical Teachers' Training or similar field, 
to be notified by the State Government; 	 ex officio 
members; 
(d) Not more than ten (10) members with 
experience in the field of, or association with 
the Development of small Business, Banking, 
Sector Skills Council, Skill Development, 
Chambers of Commerce or Industrial 
Associations etc. to be notified by the State 
Government; 
(e) Other members— 
(i) Two members of the West Bengal 
Legislative Assembly to be nominated 
by the Speaker, West Bengal Legislative 
Assembly; 
(ii) one representative from a professional 
institute or the Pandit Sundar Lal Sharma 
Central Institute of Vocational Education, 
Bhopal; 
(iii) one representative nominated by 
Director General of Employments and 
Training, Government of India; 
(f) Chief Administrative Officer (CAO); 
. . Members; 
Members; 
Member-
Secretary. 
Appointments to 
Council. 
Terms of 
members and 
removal. 
6. (1) The State Government shall issue the appointment letter to the 
Chairperson, the Chief Administrative Officer and other members (other than 
ex officio members) who has been appointed or, as the case may be, nominated 
under section 5. 
(2) The name of every person appointed or, as the case may be, nominated 
under section 5 as a member of the Council shall, as soon as may be after such 
appointment or nomination is made, be published in the Official Gazette. 
7. (1) Subject to the provisions of this Act, an appointed or nominated member 
of the Council shall hold office for a term of three years from the date on which his 
name is published under section 6: 
Provided that the State Government shall, if it considers necessary to do so in 
the public interest on sufficient grounds, remove an appointed or nominated member 
of the Council. 
8 	 THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 14, 2014 	 [PART III 
The West Bengal State Council of Technical and Vocational 
Education and Skill Development Act, 2013. 
(Chapter IL—Council.—Sections 8, 9.) 
Casual vacancy. 
(2) Notwithstanding the expiry of the term specified in sub-section (1), an 
appointed or nominated member of the Council shall continue to hold office until 
the vacancy caused by the expiry of the said term has been filled up in accordance 
with the provisions of this Act. 
(3) An appointed or nominated member may resign from his office by 
submitting his resignation to the Chairperson of the Council. 
8. If any casual vacancy occurs among the members of the Council (other than 
ex officio members), whether by reason of his death, resignation or inability to 
discharge his functions owing to illness or other incapacity or for any other reason, 
such vacancy shall be filled up by a fresh appointment or nomination under section 
6, and the Chairperson or other appointed or nominated member shall hold office 
for the remaining period for which the person, in whose place he is appointed or 
nominated, would have held office as the Chairperson, or appointed or nominated 
member, as the case may be. 
Terms and 	 9. (1) No person who has attained the age of sixty-five years shall be eligible 
conditions of 
service of 	 to be appointed as Chief Administrative Officer (CAO) and Member-Secretary. 
members of 
Council. 	 (2) The Chairperson, Chief Administrative Officer (CAO) or any other member 
(other than an ex officio member), who incur any disqualification under the rules 
prescribed for the purpose, shall cease to hold the office of the Chairperson or 
member. 
(3) Any member (other than ex officio member) may resign his office by writing 
under his hand addressed to the State Government, and every such resignation 
shall take effect from the date on which it is accepted by the State Government. 
(4) The Chairperson, the Chief Administrative Officer (CAO) and any other 
member (other than ex officio member) shall not be removed from his office except 
by an order of the State Government. 
(5) When a person is qualified to be a member of the Council by virtue of his 
representing a particular institution or interest, he shall cease to be a member of the 
Council when he ceases to represent such institution or interest. 
(6) The office of the Chairperson and the Chief Administrative Officer shall 
be whole-time and salaried, and the other terms and conditions of service of the 
Chairperson and other members shall, subject to the provisions of this sub-section, 
be such as may be prescribed by the State Government by notification in the Official 
Gazette. 
(7) The Chairperson shall— 
(a) run the Council in conformity with the Act, the rules and the 
regulations made thereunder; 
(b) be responsible for implementing the decisions of the State Government 
from time to time for furtherance of the Council; 
(c) be responsible for carrying out and giving effect to the decisions of 
the Council and of any committee or body constituted by it under the 
Act; 
(d) be responsible for exercising general supervision over the functions 
of the Council and shall, through the Chief Administrative Officer, 
post and transfer the members of the staff and supervise the members 
of the staff appointed by the Council; 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY. FEBRUARY 14, 2014 	 9 
The West Bengal State Council of Technical and Vocational 
Education and Skill Development Act, 2013. 
(Chapter 11.—Council.—Sections 10-15.) 
(e) be entitled to attend and speak at any meeting of the Council; and 
(0 be entitled to vote. 
(8) The Chairperson and Vice-Chairperson shall exercise such powers, and 
perform such functions, as may be prescribed. 
Meetings of 
Council. 
Authentication of 
orders and other 
instruments of 
Council. 
Allowance. 
10. The Council shall meet at such times and places, and shall observe such 
rules of procedure in regard to the transaction of business at its meetings, as may 
be provided by regulations made under this Act. 
11. No act or proceedings of the Council shall be invalid by reason of any vacancy 
in, or any defect in the constitution of, the Council. 
12. The Council may associate with itself, in such manner and for such purpose 
as may be prescribed, any consultant or associate or person(s) whose assistance or 
advice is required for carrying out its work. 
13. (1) The Council shall have a Chairperson who shall be the Chief Executive 
Officer of the Council. 
(2) The Council shall have Administrative Officer(s) who shall be appointed 
by the State Government and shall work under the overall guidance of the Chief 
Administrative Officer (CAO). 
(3) The Council may, with the previous approval of the State Government, 
appoint such officers and other employees in the manner as may be prescribed: 
Provided that the Council may appoint or provide option to the regular officers 
and other employees of the West Bengal State Council of Technical Education and 
the West Bengal State Council of Vocational Education and Training constituted 
before coming into force of this Act, to work in the Council constituted under this 
Act, with the previous approval of the State Government. 
(4) The classifications and method of recruitment, conditions of service, pay 
and allowances, disciplinary conduct and functions and duties and responsibilities 
of the officers and other employees referred to in sub-section (3), shall be such as 
may be provided by regulations. 
14. All orders and decisions of the Council and all other instruments shall be 
authenticated by the signature of the Chief Executive Officer or any other member 
authorized by the Council in this behalf, and unless otherwise provided hereinafter, 
all other instruments issued by the Council shall be authenticated by the signature 
of the Member-Secretary or any other officer of the Council, duly authorized in the 
like manner in this behalf. 
15. Every member of the Council or of any committee, sub-committee or board 
constituted under this Act, who is not in the service of the State Government, shall 
in respect of expenses incurred by him in attending meetings of the Council or of 
any such committee, sub-committee or board or in exercising any powers or 
performing any duties conferred or imposed upon him by or under this Act, be paid 
by the Council such allowances, and at such rates, as may be prescribed by the 
State Government. 
Effect of 
vacancies 
amongst members 
or defect in 
constitution of 
council on acts or 
proceedings of 
Council. 
Appointment of 
Consultants or 
Associates on a 
temporary basis 
by Council for 
particular 
purpose. 
Staff of Council. 
10 	 THE KOLKATA GAZETTE. EXTRAORDINARY. FEBRUARY 14. 2014 	 [PART III 
The West Bengal State Council of Technical and Vocational 
Education and Skill Development Act, 2013. 
(Chapter HT—Powers and functions of 
the Council.—Section 16.) 
CHAPTER III 
Powers and functions of the Council 
Powers and 
functions of 
Council. 
16. Subject to the provisions of this Act, he Council shall perform the following 
functions:— 
(i) undertake base line survey on all skills in the technical and vocational 
education and skill development from time to time in consultation 
with the State Government and other non- Governmental agencies as 
the State Government, may, by notification, specify; 
(ii) assess sector specific demand of skilled manpower in consultation 
with the State Government and other non-Governmental agencies as 
specified by the State Government in item (i) and on the basis of 
reports or studies of the State Government, the Central Commission 
or any Commission or body, in various fields of technical and 
vocational education and skill development; 
(iii) to prepare report on district-wise skill gap studies for formulating 
policy decision of the State Government; 
(iv) to involve the stakeholders in formulating occupation standards and 
competency requirements for various fields of technical and vocational 
education and skill development; 
(v) to co-ordinate development of technical and vocational education 
and skill development in West Bengal at all levels; 
(vi) to design skill development courses as per occupation standards 
assessed by any industry or other non-Government agencies as 
specified by the State Government in item (i) and develop curricula, 
course duration etc. considering the gainful employment or self-
employment opportunities of the target beneficiaries; 
(vii) to design and develop the course curricula on technical and vocational 
education and skill development on the basis of market driven trades 
in respect of such sectors or trades where no course curricula at 
national level is available or for non-formal courses; 
(viii) to enable suitable on-job training or on-site skill training modules 
and organize skill or proficiency evaluation and certification in all 
fields of technical education and vocational training; 
(ix) to take steps for affiliation and recognition of Institutions or other 
agencies imparting technical and vocational education and skill 
development, as are not covered under other specific Acts or 
regulations or exempted by such instruments, renewal of affiliation 
of such institutions or agencies in the State and developing a 
monitoring and inspection mechanism in order to ensure appropriate 
implementation of the skill training programme in such institutions 
or agencies and to check any malfeasance done by such institute or 
agency, if any, by non-observing the guidelines, orders or regulations 
of the Council after making consultation with the State Government 
and disaffiliation of any course in such institution or agency or such 
institution or agency as a whole, for non-observance of the guidelines, 
orders or regulations of the Council after making consultation with 
the State Government; 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 14, 2014 	 11 
The West Bengal State Council of Technical and Vocational 
Education and Skill Development Act, 2013. 
(Chapter 111.—Powers and functions of the Council.—Section 16.) 
(x) to accord affiliation to the institutions running diploma or post-diploma 
programmes in technical education and to oversee the academic 
functioning of such institutions in conformity with the guidelines of 
the regulatory bodies of the Central Government and with the 
consultation of the State Government; 
(xi) to accord affiliation of the institutions running Higher Secondary 
(10+2) and other vocational education or training based courses and 
to oversee the academic functioning of such institutions in conformity 
with the guidelines of the regulatory bodies of the Central Government 
and with the consultation of the State Government; 
(xii) to regulate all the institutions under its umbrella so far as their 
academic and examination aspects are concerned in accordance with 
the provisions of the orders, rules and regulations made under this 
Act; 
(xiii) to analyse on a regular basis the need of various technical and 
vocational programmes being run under its aegis and continuously 
moderate, update and, if need be, add new programmes, to frame the 
curricula of all such courses both in diploma or post-diploma and 
other vocational education or training based on such need analysis; 
(xiv) to frame the detailed syllabi of each programme based on the 
curriculum created; 
(xv) to conduct admission, process for the polytechnics and institutes 
running Higher Secondary (10+2) vocational education programme 
and to conduct semester/term end examinations of all affiliated 
institutes, to publish results thereof within a reasonable time and to 
issue diplomas and the certificates, as the case may be, to the successful 
candidates; 
(xvi) to formulate schemes of in-service training of existing teachers and 
staff and induction programme for new recruitees; 
(xvii) to consider and order cases of transfer of students from one polytechnic 
or other body of institutions; 
(xviii) to promote research and development in the entire system through 
the institutes under its affiliation or similar institutes; 
(xix) to issue equivalency certificates for both formal and non-formal 
courses; 
(xx) to develop a flexible delivery mechanism to impart training in part 
time, weekends, full time, onsite or offsite mode, keeping in view of 
the national as well as state policy; 
(xxi) to create, with the prior approval of State Government, Administrative, 
Technical, Ministerial and other posts under the Council and to make 
appointments thereto; 
(xxii) to make rules and regulations and by laws for the conduct of the 
affairs of the Council and to add, to amend, to vary or rescind them 
from time to time with the approval of State Government; 
12 	 THE KOLKATA GAZETTE, EXTRAORDINARY. FEBRUARY 14, 2014 	 [PART III 
The West Bengal State Council of Technical and Vocational 
Education and Skill Development Act, 2013. 
(Chapter 111.—Powers and functions of the Council.—Section 17.) 
Powers and 
functions of Chief 
Administrative 
Officer. 
(xxiii) to perform any other function that the State Government from time to 
time may direct it to do; 
(xxiv) to administer the Council fund; 
(xxv) to make regulations relating to Provident Fund of the staff of the 
Council as may be prescribed; 
(xxvi) to make regulations relating to conduct, discipline and appeal in 
respect of the members of the staff of the Council; 
(xxvii) to delegate, by notification, to any recognised polytechnic or 
vocational institution such of its powers, and on such conditions, as it 
may think fit; 
(xxviii) to provide by regulations, after considering the recommendations of 
the Board of Examinations, if any, the rates of remuneration to be 
paid to the paper-setters, moderators, tabulators, examiners, 
invigilators, supervisors and others employed in connection with the 
examination instituted by the Council, and the fees to be paid by the 
candidates for such examinations and rate of centre charges; 
(xxix) to grant or refuse permission to candidates to appear at examinations 
instituted by the Council and to withdraw such permission, if it thinks 
fit, in accordance with such regulations as may be made in this behalf; 
(xxx) to decide on any other function considered relevant for implementation 
of the activities of the Council; 
(xxxi) to carry out any other function as may be assigned to it by the State 
Government with a view to further the purposes of the Act. 
(2) Subject to the provisions in the Act or rules made thereunder, the Council 
shall have the power to make regulations in respect of any matter for proper exercise 
of its power under this Act. 
(3) No regulation shall be valid unless it is approved by the State Government, 
and the State Government may, while according such approval, make such additions, 
alterations or modifications therein as it deems fit: 
Provided that before making such additions, alterations or modifications, the 
State Government shall give the Council an opportunity to express its views thereon 
within such period, not exceeding stipulated time frame, as may be specified by the 
State Government. 
(4) All regulations approved by the State Government shall be published in 
the Official Gazette. 
17. ( I) The Chief Administrative Officer (CAO) shall be responsible for 
carrying out and giving effect to the decisions of the Council and of any Committee 
or body constituted by it under this Act. 
(2) The Chief Administrative Officer (CAO) shall— 
(a) exercise general supervision over members of the staff appointed by 
the Council and shall post and transfer the members of the staff; 
(b) take such other action, not inconsistent with any decision of the 
Council, as he may consider necessary for the proper functioning of 
the Council under this Act. 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 14, 2014 	 13 
The West Bengal State Council of Technical and Vocational 
Education and Skill Development Act, 2013. 
(Chapter 1V.—Com tees of the Council.—Sections 18, 19.) 
(3) The powers and functions of the Chief Administrative Officer shall be 
notified in the rules under this Act, subject to the above. 
CHAPTER IV 
Committees of the Council 
Executive 
Committee of 
Council. 
Board of Studies 
and skilling. 
18. (1) The Council shall constitute a committee to be called the Executive 
Committee for performing such functions as may be assigned to it by the Council. 
(2) Chairperson and Chief Administrative Officer of the Council shall 
respectively function as the Chairperson and the Member-Secretary of the Executive 
Committee. 
(3) The Chairperson shall preside at the meetings of the Executive Committee 
and shall be entitled to vote on any matter, and shall have a second or casting vote 
in every case of equality of votes. 
(4) The Executive Committee shall meet at such time and place and shall 
observe such rules of procedures in regard to the transactions of business at its 
meetings (including the quorum of such meeting) as the Council may provide by 
regulations. 
19. (1) The Council shall constitute a Board of Studies and Skilling which 
shall be responsible for, among others,— 
(a) advising the Council on academic matters including norms, standards, 
curricula and syllabi, facilities, and structure of courses of studies 
used in the various institutions under the control of the Council; 
(b) preparing basic study materials for all subjects of all the years of the 
various tiers of education run by the Council; 
(c) advising the Council on adoption of job-description-specific 
Qualification Packs and derivation of competency based training 
course for various job roles in industry based on the prevalent national 
framework or otherwise, by following qualification parameters similar 
to ones at the international levels and ensuring uniformity in content, 
duration and benchmark costs for all the packs; 
(d) aligning all current technical or vocational courses running in the 
State of West Bengal, or similar technical or Vocational courses in 
schools, colleges and polytechnics, to job roles at specific National 
Vocational Educational Qualification Framework or similar Levels, 
as well as causing integration with National Vocational Educational 
Qualification Framework norms. 
(2) The constitution, powers, functions, and area of the Board of Studies and 
Skilling shall be such as the Council may provide by regulations. 
(3) The members of the Board of Studies and Skilling may be members of the 
Council. 
14 	 THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 14. 2014 	 [Pax r III 
The West Bengal State Council of Technical and Vocational 
Education and Skill Development Act, 2013. 
(Chapter 1V.—Committees of the Council.—Sections 20, 21.—Chapter V.— 
Finance, Accounts and Audit—Section 22.) 
Board of 
Assessment. 
Examination and 
Certification. 
Recognition 
Committee. 
20. (I) The Council shall constitute a Board of Assessment, Examination and 
Certification, in accordance with such regulations as may be made in this behalf, 
which shall be responsible for, among others,— 
(a) carrying out and supervising the entire functions related to entrance 
tests/examinations/aptitude assessments and all other examinations 
and assessments of similar nature or otherwise; 
(b) carrying out and supervising the entire functions related to the 
examination system and to ensure that conduct of examination and 
publication of result is done in a transparent manner and in time; 
(c) carrying out and supervising the assessment and certification and 
awarding of diplomas, certificates etc. to all trainees and students 
undergoing any Technical and Vocational Education and Skill 
Development. 
21. The Council shall constitute a Recognition Committee to grant or refuse 
recognition to Institutions, and to withdraw such recognitions in accordance with 
such regulations as may be made in this behalf. 
CHAPTER V 
Finance, Accounts and Audit 
Budget 	 22. (1) The Council shall prepare in such form and at such time each year as 
may be prescribed a budget estimate in respect of the financial year next following 
showing the estimated receipts and expenditure, and the copies thereof shall be 
forwarded to the State Government after its confirmation by the Council at its 
annual meeting. 
(2) (a) The State Government shall, within two months of the receipt of the 
budget estimate, either accord its approval to the same or return it to the Council 
with such comments and suggestions as it deems necessary, if, in its opinion, such 
budget estimate— 
(i) is not reasonably accurate with reference to ascertainable facts or 
shows a deficit in the closing balance; 
(ii) includes new items of recurring expenditure which are likely to impose 
upon the Council in the future financial liabilities which the Council 
is not likely to be able to meet from its income; or 
(iii) includes provisions for expenditure which are not in accordance with 
the provisions of this Act. 
(b) If the budget estimate is returned under clause (a), the Council shall consider 
the comments and suggestions made by the State Government and may, if it thinks 
fit, revise the said budget estimate. The Council shall, then, either resubmit the 
budget estimate as so revised to the State Government or, if it does not think fit to 
revise the budget estimate, resubmit it in its original form to the State Government 
within one month of receiving it together with its replies on the comments and 
suggestions made by the State Government. 
(c) If the State Government does not approve of the budget estimate as revised 
by the Council or if the budget estimate is returned by the Council without revision, 
the State Government may amend the budget estimate by making— 
PAR r III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 14. 2014 	 15 
Payment to 
Council by Slate 
Government. 
Council Fund. 
The West Bengal State Council of Technical and Vocational 
Education and Skill Development Act, 2013. 
(Chapter V.—Finance, Accounts and Audit—Sections 23, 24.) 
(i) such modifications as are, in its opinion. necessary to render the budget 
estimate reasonably accurate with reference to ascertainable facts or 
to balance the receipts and expenditure, 
(ii) additions, alternations or modifications in any provision relating to 
new items of expenditure of a recurring nature, 
(iii) any alternation or modification in any provision for expenditure which, 
in its opinion, is not in accordance with the provisions of this Act, 
and shall, then, forward the budget estimate, as so amended, to the Council. 
(3) If the State Government does not accord its approval to the budget estimate 
under clause (a) of sub-section (2) within two months of the receipt thereof, or if 
the State Government does not communicate its approval of the budget estimate to 
the Council under clause (c) of sub-section (2) within the 31st March of the financial 
year immediately preceding the financial year to which the budget estimate relates, 
the budget estimate as forwarded to the State Government by the Council shall be 
deemed to have been approved by the State Government and shall be the budget 
estimate of the Council for the financial year to which it relates. 
(4) The Council shall prepare an annual report giving full account of its activities 
during the previous year. The Council shall, without fail, keep an account of all its 
receipts and expenditure which shall be forwarded to the State Government. 
(5) The accounts of the Council shall have to be obligatorily audited by an 
Auditor appointed by the Council every year, apart from the periodic audit that 
may be conducted by the Accountant General, West Bengal. The audit report has 
to be submitted to the State Government which may take such action on the audit 
reports as it deems fit. 
23. The State Government may, after considering the budget estimate, the 
accounts of the Council and such other reports as it may call for, make such annual 
or periodical grants to the Council as it may think fit: 
Provided that on the establishment of the Council and before the 1st budget 
estimate is forwarded to the State Government, that Government may, after 
considering such report as it may call for from the Council, make such initial grant 
to the Council as may be considered necessary or may make provisions to transfer 
of available funds/revenues and assets so generated in the existing Council or 
Society or Body. 
24. (1) The Council shall have a Fund to be called the West Bengal State 
Council of Technical and Vocational Education and Skill Development Fund to 
which shall be credited— 
(a) all sums which may be paid by the State Government under 
section 23; 
(b) all fees realised under any provisions of this Act; 
(c) all sums representing income from endowments or from property 
owned or managed by the Council; and 
(d) all other sums received by or on behalf of the Council from any source 
whatsoever. 
16 	 THE KOLKATA GA7FTTE, EXTRAORDINARY. FEBRUARY 14, 2014 	 [PART III 
The West Bengal State Council of Technical and Vocational 
Education and Skill Development Act, 2013. 
(Chapter V—Finance, Accounts and Audit.—Sections 25-28.) 
(2) The Fund shall vest in the Council and shall be under its control and shall 
be held by it in trust for the purposes of this Act. 
(3) All moneys payable to the credit of the Fund shall forthwith be paid into 
the Reserve Bank of India, or the State Bank of India or any branch thereof, or any 
Nationalised Bank or any Branch thereof or any Scheduled Bank authorized by the 
State Government, to the credit of the Fund, and all cheques drawn on the Fund 
shall be signed by the Chairperson or by such other persons as he may authorise in 
writing in this behalf. 
Application of 
Fund. 
Annual Report. 
Accounts. 
Audit and Audit 
Report. 
25. No expenditure shall be incurred from the Fund except for the purpose of 
this Act and unless such expenditure is provided for in the budget estimate as 
approved under this Act or may be met by re-appropriation sanctioned in the 
prescribed manner. 
26. The Council shall prepare in such form and at such time as may be prescribed 
an annual report once in every year giving a true and full account of its activities 
during the previous year, and copies thereof shall be forwarded to the State 
Government. 
27. The Council shall keep an account of all its receipts and expenditure in the 
manner prescribed. 
28. (1) Subject to the provisions of the Comptroller and Auditor-General's 
(Duties, Powers and Conditions of Service) Act, 1971, the Governor of a State 
may entrust the audit of the accounts of the Council to the Comptroller and Auditor-
General. 
(2) The Council shall supply its auditor with a list of all books of accounts and 
other books maintained by it and the auditor shall, at all reasonable times, have 
access to the books, accounts, vouchers and other documents of the Council. 
(3) The auditor may, in relation to the accounts of the Council of which he is 
auditor, examine any member or any officer or employee of the Council, and shall 
be entitled to require from any officer of the Council such information or explanation, 
as he may think necessary, for the performance of his duties. 
(4) As soon as the accounts of the Council are audited, the Council shall send 
a copy thereof together with the copy of the report of the auditor thereon to the 
State Government. 
(5) The State Government shall cause the accounts of the Council, together 
with the audit report thereon forwarded to it under sub-section (4), to be laid annually 
before the Legislative Assembly. 
56 of 1971. 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 14, 2014 	 17 
The West Bengal State Council of Technical and Vocational 
Education and Skill Development Act, 2013. 
(Chapter VL—Supplementao ,  Provisions.—Sections 29-36.) 
CHAPTER VI 
Supplementary Provisions 
29. The Council shall furnish to the State Government such reports, returns 
and statements, as may be prescribed, and such further information on any matter 
relating to the Council as the State Government may require. 
30. If the State Government is of the opinion that any resolution, order or act 
of the Council is in excess of the power conferred upon the Council or the committee 
under the Act, it may, by order in writing, specifying the reasons thereof, suspend 
the execution of such resolution or order of the Council or any committee constituted 
under this Act and prohibit any act, which purports to be done or is intended to be 
done under this Act. 
31. The members of the Council and of every committee constituted under 
this Act, persons in the service of the Council and any person appointed under this 
Act to audit the accounts of the Council shall be deemed to be public servants 
within the meaning of section 21 of the Indian Penal Code. 
32. No suit, prosecution or other legal proceedings shall lie against any person 
for anything in good faith done or intended to be done under this Act. 
33. (1) The State Government shall have the power to make rules under the 
Act for furtherance of the aims and objectives as enunciated in the Act and as 
stipulated in the Act. 
(2) Every rule made under this Act shall, as soon as may be after it is made, be 
laid before the State Legislature. 
34. (1) The Council shall have the power to make regulations under the Act 
as shall be indicated in the rules made under the Act. 
(2) The first Regulations for the purposes of this Act shall be made under the 
Rules made under this Act. The first Regulation shall remain in force for a period 
of one year from the date of its commencement or until the Council under the 
provisions of this Act makes new regulations, whichever is earlier. 
35. The Council shall, in exercising its powers and performing its functions 
under the Act, be guided by such directions as the State Government may give 
from time to time. Regarding term and holding of office of all the non ex officio 
members and all other officers and employees of the Council, the Council will be 
guided by the Rules made under this Act and, in case of any difficulty in 
interpretation, by the directive of the Government. 
36. (1) If, in the opinion of the State Government, the Council,— 
(a) has persistently made default in performance of its functions under 
this Act, or 
(b) has exceeded or abused its power, the State Government may, by 
order published in the Official Gazette and stating the reasons thereof, 
supersede the Council for such period, not exceeding two years, as 
may be specified in the order, and take such steps as may be necessary 
to re-establish the Council immediat

Excerpt shown. Open the full act in Lexace.

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