LexThe West Bengal State Council Of Vocational Education And Training Act, 2005
West Bengal · state statute
Open in Lexace · Ask the AI about this actRegistered No. WB/SC-247 No. WB(Part-III)/2005/SAR-8
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THURSDAY, APRIL 28, 2005
[SAKA 1927
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative
NOTIFICATION
No. 633-L-28th April, 2005.—The following Act of the West Bengal Legislature, having been assented to by
the Governor, is hereby published for general information:—
West Bengal Act VII of 2005
THE WEST BENGAL STATE COUNCIL OF VOCATIONAL
EDUCATION AND TRAINING ACT, 2005.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette,
Extraordinary, of the 28th April, 2005.]
An Act to provide for the establishment of an autonomous State Council of Vocational
Education and Training in West Bengal.
WHEREAS it is expedient to establish a State Council of Vocational Education and
Training in West Bengal in order to develop the standard of vocational education and training
in West Bengal and to make that standard at par with the standard prevailing at All-India
Level, to implement programme of strengthening the vocational education and training, and to
monitor the performance of the affiliated institutions;
It is hereby enacted in the Fifty-sixth Year of the Republic of India, by the Legislature
of West Bengal, as follows:—
CHAPTER 1
Preliminary
Short title and 1. (1) This Act may be called the West Bengal State Council of Vocational Education
commencement. and Training Act, 2005.
THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 28, 2005 [PART III
The West Bengal State Council of Vocational Education
and Training Act, 2005.
(Chapter L—Preliminary.—Section 2.—Chapter 1L—The Council.—Section 3.)
(2) It shall come into force on such date as the State Government may, by notification,
appoint.
Definitions. 2. In this Act, unless the context otherwise requires,—
(a) "affiliated", in relation to an institution, means affiliated to the Council under this
Act;
(b) "Council" means the West Bengal State Council of Vocational Education and
Training established under sub-section (1) of section 3 of this Act;
(c) "Fund" means the West Bengal State Council of Vocational Education and Training
Fund referred to in sub-section (1) of section 21;
(d) "Institution" means a Polytechnic Institute, Industrial Training Institute, Industrial
Training Centre, School, etc. in which instruction is provided for courses of study in
Vocational Education and Training leading to secondary and higher secondary courses
of the Council;
(e) "member" means a member of the Council, and includes the President and the
Secretary;
(f) "notification" means a notification published in the Official Gazette;
(g) "prescribed" means prescribed by 'rules made under this Act;
(h) "President" means the President of the Council;
(i) "recognised", in relation to an affiliated institution, means recognised by the West
Bengal State Council of Vocational Education and Training;
(j) "regulation" means a regulation made by the Council under this Act;
(k) "vocational education and training" means a systematic course of instruction and
training in the field of engineering, technology, agriculture, dairy and poultry, para-
medical, social science, applied arts and crafts or such other subject as the State
Government, in consultation with the Council, may, by notification, declare;
"vocational institution" means an educational institution in which instruction is
provided for courses of study in the field of engineering, technology, agriculture,
dairy and poultry, paramedical, social science, applied arts and crafts and such other
subject 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 vocational institutions.
CHAPTER II
The 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 Vocational Education
and Training.
(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 and the Council may,
with the prior approval of the State Government, establish offices at any other places in West
Bengal.
(4) On and after the commencement of this Act, the Council shall be solely authorised
and responsible for conduct of vocational education and training at all levels in West
Bengal.
PART
THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 28, 2005 3
The West Bengal State Council of Vocational Education
and Training Act, 2005.
(Chapter 11.—The Council.—Section 4.)
Composition of
Council.
4. The Council shall consist of the following members: —
(a) President, who shall be appointed by the State Government;
(b) ex officio members
the Secretary, Department of Technical Education and Training, Government of
West Bengal, or his nominee not below the rank of Joint Secretary to the
Government of West Bengal;
(ii) the Vice-Chairman, West Bengal State Council of Technical Education;
(iii) the President, West Bengal Council of Higher Secondary Education;
(iv) the President, West Bengal Board of Secondary Education;
(v) the President, West Bengal Board of Madrasah Education;
(vi) the Secretary, Finance Department, Government of West Bengal, or his nominee
not below the rank of Joint Secretary to the Government of West Bengal;
(vii) the Director of Technical Education and Training, Government of West Bengal;
(viii) the Director of Industrial Training, Government of West Bengal;
(ix) the Director of School Education, Government of West Bengal;
(x) the Secretary of the Council, who shall be the Member-Secretary and shall be
appointed by the State Government;
(c) other members
(i) one person to be nominated by the State Government from amongst the
vocational or technical experts connected with any industry;
(ii) four whole-time permanent members of the staff of institutions, to be nominated
in such manner as the State Government may specify, of whom—
(A) two shall be Heads of Institutions;
(B) two shall be teachers of Institutions;
(iii) one representative from West Bengal University of Technology to be nominated
by the Vice-Chancellor of that University;
(iv) one representative from Bidhan Chandra Krishi Viswavidyalaya to be nominated
by the Vice-Chancellor of that Viswavidyalaya;
(v) one representative from West Bengal University of Animal and Fishery Sciences
to be nominated by the Vice-Chancellor of that University;
(vi) one representative from a professional institute;
(vii) one representative from the National Council of Educational Research and
Training, New Delhi;
(viii) one representative of the State Planning Board;
(ix) one representative of the Pandit Sundar Lal Sharma Central Institute of
Vocational Education, Bhopal;
(x) one representative of the State Council of Educational Research and Training,
West Bengal;
(xi) one representative of the State Medical Faculty;
(xii) one representative of the Federation of Small and Medium Industries (FOSMI);
(xiii) two members of the West Bengal Legislative Assembly to be nominated by the
Speaker, West Bengal Legislative Assembly.
4
THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 28, 2005 [PART III
The West Bengal State Council of Vocational Education
and Training Act, 2005.
Issue of
appointment letter
and publication of
names of
appointed or
nominated
members.
Terms of office of
members of
Council.
(Chapter 11.—The Council.—Sections 5-8.)
5. (1) The State Government shall issue the appointment letter to the President and other
members (other than ex officio members) who has been appointed or, as the case may be,
nominated under section 4.
(2) The name of every person appointed or, as the case may be, nominated under section
4 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.
6. (1) Subject to the provisions of this Act, an appointed or nominated member of the
Council shall hold office for a term of five years or until he attains the age of 65 years,
whichever is earlier, from the date on which his name is published under section 5 and may, on
the expiry of such term, be re-appointed or re-nominated:
Provided that the State Government shall, if it considers necessary so to do in the public
interest, make any appointment under this sub-section for a term of less than five years.
(2) Notwithstanding the expiry of the term of five years 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.
Casual vacancy.
Terms and
conditions of
service of
President and
other members.
7. If any casual vacancy occurs in the office of the President or any other member (other
than ex officio member), 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 4, and the President or other
appointed or nominated member shall hold office for the remaining period for which the
person, in whose place he is so nominated or appointed, would have held office as the
President, or appointed or nominated member, as the case may be.
8. (1) No person who has attained the age of sixty-five years shall be eligible to be
appointed as President.
(2) The President or any other member (other than ex officio member) shall, who incur any
disqualification under the rules prescribed for the purpose, cease to hold the office of President
or member.
(3) The President or any other 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 President or any other member (other than ex officio member) shall not be removed
from his office except by an order of the State Government on the ground of wilful omission or
refusal to carry out the provisions of this Act or abuse of the powers vested on him and after
such inquiry, as may be ordered by the State Government, such President or other member,
as the case may be, shall be given an opportunity of making his representation against such
removal.
(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 President and the Member-Secretary shall be whole-time and salaried,
and the other terms and conditions of service of the President and other members shall, subject
to the provisions of this sub-section, be such as may be prescribed.
(7) The President and the Member-Secretary shall exercise such powers, and perform such
functions, as may be prescribed.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 28, 2005 5
The West Bengal State Council of Vocational Education
and Training Act, 2005.
(Chapter 11.—The Council.—Sections 9-14.—Chapter 111.—Powers and functions
of the Council.—Section 15.)
Meetings of
Council.
Staff of Council.
Powers and
functions of
Council.
9. 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.
10. 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.
11. (I) The Council may associate with itself, in such manner and for such purpose as may
be prescribed, any person whose assistance or advice is required for carrying out its work.
(2) A person associated with it by the Council under sub-section (I) for any purpose shall
have the right to take part in the discussions relevant to such purpose but shall not have the
right to vote at a meeting of the Council, and shall not be a member for any other purpose.
(3) The Council may associate with itself members of medical, engineering and
agricultural universities and such other expert bodies as the State Government may, by order,
specify with a view to developing co-ordination among the various universities.
12. (1) The Council shall have a Secretary who shall be appointed by the State Government.
(2) The Council may, with the previous approval of the State Government, appoint such
officers (other than Secretary) and other employees in the manner as may be prescribed.
(3) The classification, methods of recruitment, conditions of service, pay and allowances,
disciplinary conduct and functions and responsibilities of the officers and other employees
referred to in sub-section (2) shall be such as may be provided by regulations.
(4) Subject to the general control and supervision of the President, the Secretary shall be—
(a) the principal administrative officer of the Council,
(b) entitled to attend and speak at any meeting of the Council, and
(c) entitled to vote.
13. All orders and decisions of the Council shall be authenticated by the signature of the
President or any other member authorised by the Council in this behalf, and all other
instruments issued by the Council shall be authenticated by the signature of the Secretary or
any other officer of the Council authorised in the like manner in this behalf.
14. 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.
CHAPTER III
Powers and functions of the Council
15. (1) Subject to the provisions of this Act, the Council shall perform the following
functions: —
(i) to grant or refuse recognition to Institutions, and to withdraw such recognition, if it
thinks fit, after considering the recommendations of the Recognition Committee, if
any, in accordance with such regulations as may be made in this behalf;
Vacancies amongst
members or
defect in consti-
tution not to
invalidate acts
or proceedings
of Council.
Temporary
association of
persons with
Council for
particular
purpose.
Authentication
of orders and
other
instruments of
Council.
Allowance.
6
THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 28, 2005 [PART III
The West Bengal State Council of Vocational Education
and Training Act, 2005.
(Chapter 111—Powers and functions of the Council.—Section 15.)
(ii) to maintain a register of recognised Institutions;
(iii) to provide by regulations, after considering the recommendation of the Board of
Studies, the curricula, the syllabi, the courses of studies, the books to be studied,
instructional materials and teaching aids to be followed in recognised Institutions and
for examinations instituted by the Council;
(iv) to undertake, if necessary, with the approval of the State Government, the
preparation, publication or sale of news bulletin, text-books and other books for use
in recognised Institutions;
(v) to maintain and publish, from time to time, list of books approved for use in recognised
Institutions and for examinations instituted by the Council and to remove the name of
any such book from any such list;
(vi) to make regulations regarding the conditions to be fulfilled by candidates presenting
themselves for examinations instituted by the Council;
(vii) to publish results of the examinations instituted by the Council and to award diplomas,
certificates, prizes and scholarships in respect thereof;
(viii) to undertake planning, monitoring and evaluation in various fields of vocational
education and training, collect data of all related matters and make forecast on required
growth and development in vocational education and training;
(ix) to expand the scope of vocational education and training for students passing out from
class VIII or above;
(x) to formulate scheme to offer vocational courses at different levels or tiers with
evaluation and certification for each level or tier;
(xi) to evolve suitable procedures so that vocational studies contain bridge courses for
general studies and that the students studying in vocational stream may avail the scope
of general studies, if they so desire;
(xii) to take steps for approval, recognition and equivalence of certificates issued by the
Council or by other States or by the Government of India;
(xiii) to obtain assistance, guidance, co-operation from financial institutions, different
organisations of commerce and industry and other institutions engaged in conduct of
vocational courses;
(xiv) to promote an effective link between vocational education and training system and
the matters connected therewith including research and development of organisations,
industry and service sector;
(xv) to evolve suitable performance appraisal systems for institutions imparting vocational
education and training, incorporating norms and mechanisms for enforcing
accountability;
(xvi) to lay down norms and standards for courses of studies, curricula, physical and
instructional facilities, staff pattern, staff qualifications, quality instructions, assessment
and examinations;
(xvii) to take all necessary steps to prevent commercialisation of vocational education and
training;
(xviii) to provide guidelines for admission of students to vocational institutions;
(xix) to inspect or cause inspection of any vocational institutions on regular basis as also
for the purpose of accreditation of institutions;
(xx) to advise the State Government on all matters relating to vocational education and
training in West Bengal;
PART III]
THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 28, 2005 7
The West Bengal State Council of Vocational Education
and Training Act, 2005.
(Chapter 111.—Powers and functions of the Council.—Section 16.)
(xxi) to institute and award scholarships, studentships, and to award prizes and distinction
certificates;
(xxii) to co-operate and collaborate, in such manner as it may deem fit, with any body or
authority, established under any law for the time being in force, in promoting general
or vocational education and training;
(xxiii) to administer the fund;
(xxiv) to institute and•administer such Provident Fund of the staff of the Council as may be
prescribed;
(xxv) to make regulations relating to conduct, discipline and appeal in respect of the members
of the staff of the Council;
(xxvi) to allow transfer of students from one institute to another;
(xxvii) to delegate, by notification, to any recognised vocational institution such of its powers,
and on such conditions, as it may think fit;
(xxviii) to exercise such other powers, and to perform such other functions, as may be assigned
to it by the State Government under this Act for carrying out the purposes of this Act;
(xxix) 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 examinations instituted by the Council, and the fees to be paid by
the candidates for such examinations and rate of centre charges;
(xxx) 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;
(xxxi) to provide by regulations the procedure for filing and disposal of appeals by the
members of the teaching and non-teaching staff against the decision of the managing
committee of recognised vocational institutions and maintenance of grievance redressal
cell;
(xxxii) to decide on any other function considered relevant for implementation of the activities
of the Council.
(2) Subject to the provisions of sub-section (1), the Council shall have the power to make
regulations in respect of any matter for the proper exercise of its powers 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 thinks 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 one month, as may be specified by the State Government.
(4) All regulations approved by the State Government shall be published in the Official
Gazette.
Powers and
functions of
President.
16. (1) The President 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 President shall—
(a) exercise general supervision over the Secretary and the members of the staff appointed
by the Council and shall post and transfer the members of the staff;
(b) sanction all claims of travelling allowance; and
(c) 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.
8 THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 28, 2005 [PART III
The West Bengal State Council of Vocational Education
and Training Act, 2005.
(Chapter 1V—Committee, etc. of the Council.—Sections 17, 18.—
Chapter V—Finance, Accounts and Audit.—Section 19.)
CHAPTER IV
Committee, etc. of the Council
Executive
Commit tee of
Council.
Board of Studies
etc.
Budget.
17. (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) The President and the Secretary of the Council shall respectively function as the
Chairman and the Member-Secretary of the Executive Committee.
(3) The President 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.
18. (1) The Council shall constitute—
(a) a Board of Studies for engineering, technology, agriculture, dairy and poultry,
paramedical, social science, applied arts and crafts and such other disciplines as the
Council may consider necessary;
(b) a Board of Examinations to look after, and manage, all matters relating to examinations
of vocational courses in engineering, technology, agriculture, dairy and poultry,
paramedical, social science, applied arts and crafts and such other disciplines as the
Council may require, and shall arrange for publication of results of such examinations;
(c) a Recognition Committee to grant or refuse recognition to Institutions, and to withdraw
such recognition, in accordance with such regulation as may be made in this behalf.
(2) The Council may, if it considers necessary, establish such other committees as it may
think fit.
(3) The Board of Studies shall advise the Council on academic matters, including norms,
standards, curricula, facilities, and structure of courses of studies, falling in its area of concern.
(4) The constitution, powers, functions, and area of concern of the Board of Studies shall be 1 such as the Council may provide by regulations.
(5) The Board of Studies may be composed, wholly or in part, of the members of the
Council.
CHAPTER V
Finance, Accounts and Audit
19. (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—
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.
(i)
PART III]
THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 28, 2005 9
The West Bengal State Council of Vocational Education
and Training Act, 2005.
(Chapter V.—Finance, Accounts and Audit.—Sections 20-22.)
Payment to
Council by State
Government.
(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—
(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, alterations or modifications in any provision relating to new items of
expenditure of a recurring nature,
(iii) any alteration 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.
20. 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 first 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.
Council Fund. 21. (1) The Council shall have a Fund to be called the West Bengal State Council of
Vocational Education and Training Fund to which shall be credited—
(a) all sums which may be paid by the State Government under section 20;
(b) all fees realised under any of the 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.
(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, to the credit of the Fund, and all cheques drawn on the Fund shall be
signed by the President or by such other person as he may authorise in writing in this behalf.
Application of
22. No expenditure shall be incurred from the Fund except for the purpose of this Act and
Fund. 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.
10 THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 28, 2005 [PART III
The West Bengal State Council of Vocational Education
and Training Act, 2005.
(Chapter V—Finance, Accounts and Audit.—Sections 23-26.—
Chapter VI.—Supplementary Provisions.—Section 27.)
Annual Report. 23. 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.
Accounts. 24. The Council shall keep an account of all its receipts and expenditure in the manner
prescribed.
Audit. 25. (1) The accounts of the Council shall be examined and audited annually by an auditor
or auditors appointed by the State Government in such manner as may be prescribed.
(2) For the purpose of examination and audit under sub-section (1), an auditor appointed
under that sub-section may—
(a) require in writing the production before him of any document relating to the Council
or the assets thereof which he considers to be necessary for the proper conduct of the
audit;
(b) require in writing the personal appearance before him of any person accountable for,
or having the custody or control of, any such document to answer any question relating
thereto; and
(c) require any person so appearing before him to submit a statement in writing in respect
of any such document.
(3) It shall be the duty of the Council and of every member thereof, and of the Secretary and
the members of the staff in the service of the Council, to afford to the auditor every facility for
the examination and audit of the accounts of the Council and to comply with any requisition
made by the auditor under sub-section (2) or with the requirement of any rules made in this
behalf.
(4) Any person who wilfully neglects or refuses to comply with a requisition made under
sub-section (2) or with the requirement of any rule made in this behalf shall, on conviction, be
punishable with fine which may extend to one hundred rupees.
(5) No complaint in respect of any offence punishable under sub-section (4) shall be made
except with the previous sanction of the State Government.
(6) No Magistrate other than a Metropolitan Magistrate or a Judicial Magistrate of the first
class shall try an offence punishable under sub-section (4).
Audit Report. 26. (1) The auditor shall, within fourteen days from the date of completion of the audit,
submit to the State Government a report on the accounts audited and shall also send a copy
thereof to the Council, which shall forward it to the State Government together with
observations thereon.
(2) The State Government may take such action on the audit report as it may think fit.
CHAPTER VI
Supplementary Provisions
Council to furnish 27. The Council shall furnish to the State Government such reports, returns and statements, information.
as may be prescribed, and such further information on any matter relating to the Council as the
State Government may require.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 28, 2005 11
The West Bengal State Council of Vocational Education
and Training Act, 2005.
Power of State
Government to
suspend
proceedings.
Certain persons to
be deemed to be
public servants.
Indemnity.
Power to make
regulations.
Power to make
rules.
Council to be
guided by
directions of
State
Government.
(Chapter VT—Supplementary Provisions.—Sections 28-33.)
28. If the State Government is of opinion that any resolution, order or act is in excess of the
powers conferred upon the Council or the committee under this 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.
29. 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.
30. No suit, prosecution or other legal proceeding shall lie against any person for anything
in good faith done or intended to be done under this Act.
31. (1) The President shall make the first Regulations for the purposes of this Act.
(2) The first Regulations 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.
(3) Every regulation made under this Act shall, as soon as may be after it is made, be laid
before the State Legislature.
32. (1) The State Government may, after previous publication, make rules for carrying out
the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:—
(a) the acquisition, possession and disposal of property by the Council, the conditions of
such acquisition, possession and disposal, and performance by the Council of the
functions referred to in sub-section (2) of section 3;
(b) the composition, powers and functions of Governing Bodies of vocational
institutions;
(c) the method of recruitment, the terms and conditions of service including the scales of
pay and the rules of discipline relating to the Secretary of the Council;
(d) the rates at which the Council shall pay travelling allowance to the persons referred to
in section 14;
(e) the Provident Fund referred to in clause (xxiv) of sub-section (1) of section 15;
(0 the form in which the budget estimate of the Council, as referred to in sub-section (1)
of section 19, shall be prepared;
(g) the manner in which all payments to and from the Funds shall be made;
(h) the manner of re-appropriation under section 22;
(i) the manner and form in which accounts of receipts and expenditure shall be kept
under section 24;
(j) the manner in which examination and audit of the accounts of the Council shall be
made;
(k) the reports, returns and statements to be furnished by the Council under section 27
and the forms of such reports, returns and statements;
(1) any other matter required to be prescribed or to be provided for by rules.
(3) Every rule made under this Act shall, as soon as may be after it is made, be laid before
the State Legislature.
33. The Council shall, in exercising its powers and performing its functions under this Act,
be guided by such directions as the State Government may give from time to time regarding
the scope and content of vocational education and training.
45 of 1860.
12 THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 28, 2005 [PART III
Supersession of
Council.
Consequence of
supersession.
The West Bengal State Council of Vocational Education
and Training Act, 2005.
(Chapter VI.—Supplementary Provisions.—Sections 34-37.)
34. (1) If, in the opinion of the State Government, the Council—
(a) has persistently made default in the performance of its functions under this Act, or
(b) has exceeded or abused its powers,
the State Government may, by order published in the Official Gazette and stating the reasons
therefor, 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 immediately
on the expiry of the period of supersession.
(2) The State Government may, if it considers necessary so to do, by order published in the
Official Gazette, extend or modify from time to time the period of supersession which shall in
no case in aggregate exceed three years.
35. (1) Notwithstanding anything contained in this Act or in any other law for the time
being in force, with effect from the date of the order of supersession under section 34—
(a) all the members of the Council and the committees constituted under this Act shall
vacate their offices;
(b) all the powers, duties and functions which, under the provisions of this Act or any
rules or regulations made thereunder or of any other law for the time being in force,
may be exercised or performed by the Council or any of the committees or the President
of the Council, shall be exercised or performed by an Administrator to be appointed
by the State Government in this behalf:
Provided that an Administrator appointed under this clause may delegate any of his
powers, duties or functions to such person as he may think fit or to such body as may
be constituted by him;
(c) the representatives of the Council on every body, statutory or otherwise, shall vacate
their respective offices as such representatives, and the Administrator may nominate
such person or persons to represent the Council or that body as he may think fit.
(2) The State Government may, by order published in the Official Gazette, cancel any order
made under section 34 and re-establish the Council.
(3) On the re-establishment of the Council under sub-section (2), the Administrator shall
cease to exercise his powers and perform his duties.
(4) The terms and conditions of service of the Administrator shall be such as may be fixed
by the State Government by order made in this behalf.
36. For the removal of doubts, it is hereby declared that an order of supersession made
under section 34 shall not imply in any way the dissolution of the Council as a body corporate.
37. (1) The State Government shall, by order published in the Official Gazette, specify the
date on which the Council is re-established in accordance with the provisions of this Act.
(2) The State Government shall, by order published in the Official Gazette, specify the
dates by which the authorities (other than the State Government) shall nominate members
referred to in section 4:
Provided that if any authority fails to nominate a member by the specified dates the
State Government shall appoint such member from amongst the persons qualified for such
nomination.
(3) Until the nomination of members referred to in section 4 is made, the State Government
shall appoint such members from amongst the persons qualified for nomination under
sub-clause (iii) of clause (c) of section 4.
Council to
continue as body
corporate.
Re-establishment
of Council.
•
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 28, 2005 13
The West Bengal State Council of Vocational Education
and Training Act, 2005.
Power to remove
difficulties.
(Chapter VI.—Supplementary Provisions.—Section 38.)
(4) (a) The members appointed under sub-section (2) shall hold office until the nomination
of members under section 4 is made.
(b) The members appointed under sub-section (3) shall hold office until the nomination
of members referred to in section 4 is made and the names of the members so nominated are
published in the Official Gazette in this behalf.
38. If any difficulty arises in giving effect to the provisions of this Act, the State Government
may, by order, not inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from
the commencement of this Act.
By order of the Governor,
MD. HESAMUDDIN,
Secretary-in-charge to the Govt. of West Bengal,
Law Department.
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd.
(Government of West Bengal Enterprise), Kolkata 700 056