STATEMENT OF OBJECTS AND REASONS Uttar Pradesh Vocational Education and Training Act, 2010
[U.P. Act 20 of 2010] [25th August, 2010]
CONTENTS
1. Short title
2. Definitions
3. Establishment of the Board
4. Constitution of the Board
5. Term of the office of the Members
6. Removal of members
7. Meeting of the Board
8. Vacancies etc. not to invalidate acts and proceedings
9. Office of the Board
10. Secretary of the Board
11. Director of the Board
12. Functions and duties of Board
13. Powers of the Board
14. Curriculum
15. Powers of the State Government
16. Powers and duties of the Chairperson
17. Powers and duties of the Vice-Chairperson
18. Powers of the Director
19. Powers and duties of the Secretary
20. Constitution of Committees and Sub-Committees
21. Delegation and reference to Committees by the Board
22. Authentication of orders and other instruments of the Board 23. Powers to make rules
24. Power to make regulations
25. Power to make bye-laws
26. Power to remove difficulties
(As passed by the Uttar Pradesh Legislature)
An Act to provide for the establishment and constitution of a ‘Board of Vocational Education and Training in Uttar Pradesh’ with a view, to,-
(a) producing the skilled workers and making them employable by providing vocational education and training;
(b) giving opportunities to school dropouts from traditional education stream by providing them vocational education and training so as to enable them for suitable employment;
(c) giving vocational education and training opportunities for highly qualified but unemployed fellows in order to minimise their large numbers;
(d) giving option to those who are unemployed in order to impact on uncontrolled population growth, excessive pressure on agricultural land leading to decreasing employment opportunities therein,
and for matters connected therewith or incidental thereto.
It is hereby enacted in the sixty-first Year of the Republic of India as follows:—
## Section 1. Short title.—This Act may be called the Uttar Pradesh Vocational Education and Training Act, 2010.
## Section 2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,-
(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 this Act or the regulations made thereunder;
(b) “affiliated institution” means an institution affiliated to the Board in respect of any course or courses of study in accordance with the provisions of this Act or the regulations made thereunder;
(c) “Board” means the Board of Vocational Education and Training, Uttar Pradesh, Lucknow established under section 3;
(d) “bye-taws” means the bye-laws made under section 24;
(e) “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;
(f) “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;
(g) “Chairperson” means the chairperson of the Board;
(h) “Director” means the Director of the Board appointed by the State Government under section 11;
(i) “invigilator” means a person who assists the Superintendent of a Centre in conducting and supervising an examination at the Centre and includes a project observer in relation to a project examination;
(j) “Member” means a member of the Board and includes the Chairperson and the Vice-Chairperson thereof;
(k) “regulations” means regulations made under section 24;
(l) “Secretary” means the Secretary of the Board appointed by the State Government under section 10;
(m) “Superintendent of Centre” means the person appointed by the Board to conduct and supervise examinations of the Board and includes an Additional Superintendent;
(n) “Vice-Chairperson” means the Vice-Chairperson of the Board, nominated by the State Government under clause 2(ii) of 1 section 4.
## Section 3. Establishment of the Board.—There shall be established by the State Government by notification in the Gazette a Board to be called Vocational Education and Training Board, Uttar Pradesh, Lucknow.
## Section 4. Constitution of the Board.—(1) The Board shall consist of the following members:—
(i) The Principal Secretary/Secretary to the Government of Uttar-Chairperson Pradesh in Vocational Education department ex-officio
(ii) One eminent industrialist to be nominated by the State Government - Vice Chairperson
(iii) The Director - Member
(iv) One representative of the department of industries of the state Government to be nominated by the Principal Secretary of that department not below the rank of Special Secretary (v) One representative of the department of Finance of the State Government to be nominated by the Principal Secretary of that department not below the rank of Special Secretary (vi) The Director of Training and Employment, Uttar Pradesh (vii) The Director of T echnical Education, Uttar Pradesh (viii) The Director of Secondary Education, Uttar Pradesh (ix) The Director of Industries, Uttar Pradesh (x) The Regional Director of Employment and Training Government of India (xi) One representative of Central Staff Training and Research Institute, Calcutta | - Member ex-officio -Member ex-officio -Member ex-officio. -Member ex-officio -Member ex-officio -Member ex-officio -Member ex-officio -Member ex-officio |
(xii) Three representatives from Non-Governmental Organizations Institutions who have worked on education of Scheduled Castes, Scheduled Tribes, Other backward classes and girls of which one person shall be belonging to Scheduled Castes, one person belonging to Scheduled Tribes and one person shall belong to other backward clashes to be nominated by the State Government;
(xiii) Four representatives of Industries nominated by the State Government of which one shall be a woman | -Member |
(xiv) Four Principals from amongst Industrial Training Institutes in the
State to be nominated by the State Government among which one shall-Member be a woman Principal of a Girls's ITI
(xv) Four Principals from amongst Industrial Training Centres in the
State; to be nominated by the State Government; of which one shall be-Member from a Girls's Industrial Training Centre
(xvi) T wo Principals from such Higher Secondary Education Institutes of
Uttar Pradesh who are running Vocational courses, to be nominated by-Member Chairperson
(xvii) Three subject experts in curriculum development to be nominated by the State Government | -Member |
(xviii) Four representatives from Industrial organizations such as Indian
Industries Association, Confederation of Indian industries, Federation of Indian Chambers of Commerce and Industry or Chamber of Commerce | -Members |
to be nominated by the State Government
(xix) The Secretary of Vocational Education and Training Board, Uttar Pradesh | -Member |
## Section 5. Term of the office of the Members.—T erm of a member of the Board other than ex-officio members shall be two years.
## Section 6. Removal of members.—The State Government may remove from the membership a nominated member who in its opinion has so abused his position as such member as to render his continuance on the Board detrimental to the public interest:
Provided that the State Government shall, before removing a member under this section, give him an opportunity of explanation and record the reasons for his removal.
## Section 7. Meeting of the Board.—(1) The Board shall meet mandatorily once in a year, with at least fifteen days notice of meeting to be given to members. However in urgency the Board may meet with seven days notice, with reasons to be recorded.
(2) The Chairperson and in his absence, the Vice-chairperson shall preside over the meetings of the Board.
(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 Chairperson shall have a second or casting vote.
## Section 8. Vacancies etc. not to invalidate acts and proceedings.—No act or proceedings of the Board or of a Committee appointed by it, shall be deemed to be invalid by reason merely of the existence of any vacancy in or any defect in the constitution of the Board or the committee, or because of any irregularity in procedure if not affecting the merits of the case.
## Section 9. Office of the Board.—The Office of the Board shall be located at Lucknow in Uttar Pradesh.
## Section 10. Secretary of the Board.—(1) The State Government shall appoint a Secretary to the Board by transferring an officer of the Vocational Education Department of Uttar Pradesh to assist the Board in carrying out the purposes of this Act.
(2) The Secretary shall be a whole time Government servant.
## Section 11. Director of the Board.—(1) The State Government shall appoint a Director of the Board of the Vocational Education and Training, Uttar Pradesh by transferring an officer of the Vocational Education department, Uttar Pradesh not below the rank of Special Secretary to the State Government.
## Section 12. Functions and duties of 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 set and prepare curriculum and other relevant material for the institutions providing Vocational Education Training including Secondary and Higher Secondary Institutions, industrial Training Institutes, Industrial Training Centers, and there Modular Employable skills as the case may be;
(ii) to conduct ??? and annual examinations in institutions affiliated to the Board
(iii) to declare results and award certificates to pass outs and successful trainees:
(iv) to lay down standards for buildings, infrastructure and academic requirement in respect of course curriculum to be pursued by the institutions affiliated to the Board and to giant affiliation based on meeting of such prescribed standards.
(v) to ensure maintenance of such educational standards by affiliated institutions;
(vi) to lay down educational qualifications for teaching and technical staff in affiliated institutions in order to maintain standard of teaching and training;
(vii) to lay down the manner of admission of students to affiliated institutions;
(viii) to conduct examinations in vocational education subjects in Secondary/High Schools in conjunction with the Uttar Pradesh Board of Secondary Education;
(ix) to conduct assessment of students undertaking vocational educational training and short term skill development programmes:
(x) to constitute trade specific sector skill councils with the assistance of trade organizations as per requirement who will assist the Board and its committees in curriculum development or its upgradation, conduct assessment of standards in skill development/Vocational training and education as well as to undertake required works and surevey of specific trades;
(xi) to organize and put in place a system of competition and transparent Entrance Examinations for all affiliated institutions;
(xii) to employ staff on deputation or contract for functioning and discharging the duties of the Board;
(xiii) to maintain a data base of all those certified by the Board in the public domain;
(xiv) to co-operate with other states and national authorities and industrial/trade bodies in such manner and for such purposes as may be necessary for giving effect to the provisions of this Act;
(xv) to advise the state Government on co-ordinated development of the vocational education and training sector and policy changes therein;
(xvi) to do all such acts and things as may be necessary for the proper performance of its functions under this Act or the rules or regulations made thereunder.
## Section 13. Powers 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 performance of its functions and the discharge of its duties under this Act, or the rules or regulation made thereunder.
(2) In particular and without prejudice to the generality of the foregoing powers the Board shall have the powers,-
(i) to cancel an examination including entrance examination, or withhold the result of an examination of a candidate, or disallow him from appearing at any future examination who is found by it to be guilty of-
(a) using unfair means in the examination; or
(b) making any incorrect statement or suppressing material information or fact in the application form for admission to the institution or to the examination; or
(c) fraud or impersonation at the examination; or
(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 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 (e) of clause (i) or for any bonafide 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 bonafide error of the Board, after the expiry of 90 days from the date of announcement of the result of the examination;
(iv) to prescribe fees for the examinations conducted by it and provide for the manner of their realization;
(v) to refuse affiliation of an institution,—
(a) which does not fulfil, or is not in a position to fulfil or does not come up to, the standards 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) to withdraw affiliation of an institution not able to adhere to make provision for, standards of staff, instruction equipment, or buildings laid down by the Board, or on its failure to observe the conditions of affiliation, to the satisfaction of the Board;
(vii) to inspect an affiliated institution for the purpose of ensuring due observance of the prescribed courses of study and that facilities for instructions are duly provided and availed of;
(viii) to fix the maximum number of students that may be admitted to courses of study in an affiliated institution.
## Section 14. Curriculum.—(1) The Board shall approve the curriculum courses to be run in its affiliated institutions on the recommendation of the curriculum committee.
(2) The Board shall implement the curriculum to all the affiliated institutions.
(3) The Board shall withdraw obsolete, redundant and needless courses and modify such curriculum as need to be required in the light of technological changes or market requirements on the recommendations of the curriculum committee.
(4) The decision of the Board in all matters mentioned in this section shall be final.
## Section 15. Powers of the State Government.—(1) The State Government may communicate to the Board its views on any work done or conducted by the Board or in respect of any matter with which the Board is concerned and the Board shall thereupon report to the State Government the action taken or proposed to be taken by it in regard thereto.
(2) If the Board fails to take action within a reasonable time to the satisfaction of the State Government or fails to communicate the action taken or proposed to be taken, the State Government may, after considering any explanation furnished or representation made by the Board, issue such directions consistent with the provisions of this Act and the rules and regulations made thereunder as it may think fit. The Board
shall comply with the said directions within the time specified therein and if it fails to do so, the State Government may take all such steps as it may deem necessary to give effect to such directions.
## Section 16. Powers and duties of the Chairperson.—(1) The Chairperson shall, subject to the superintendence, control and directions of the Board, have the power to do all acts required for implementing the decisions of the Board and shall exercise such other powers and discharge such other duties as may be prescribed by rules.
(2) The Chairperson shall subject to the superintendence, control and directions of the Board, have power to take such orders on the decisions of the Committees constituted under sub-section (1) of section 20, as may be within the jurisdiction of the Board and as he may deem fit. The Chairman shall inform the Board of every such order at its next meeting.
(3) The Chairperson may in an emergency, which in his opinion, requires immediate action to be taken, deaf with any matter within the competence of the Board and subject to the provisions of this Act, the rules and the regulations made thereunder, by order in writing take such action as he may deem necessary. The Chairperson shall thereupon inform the Board at its next meeting, of the action so taken.
(4) The Chairperson shall head the Entrance Examination Committee of the Board.
## Section 17. Powers and duties of the Vice-Chairperson.—The Vice-Chairperson shall exercise such powers and discharge such duties of the Chairperson as may be prescribed by rules or delegated to him by the Chairperson.
## Section 18. Powers of the Director.—(1) The Director shall work under the guidance of the Chairperson of the Board as per tasks delegated to him by order.
(2) The Director shall head the committee of affiliation on whose recommendations the Board will take the final decision.
(3) The Director shall liason between industry and trade organizations and the Board.
(4) The Director shall be the Head of the Establishment of the Board office.
## Section 19. Powers and duties of the Secretary.—The Secretary shall be the Chief Executive officer of the Board and shall, subject to the superintendence, control and directions of the Board, be responsible for the execution of its decisions. He shall exercise such other powers and perform such other functions as may be prescribed by rules and in particular:
(a) be responsible for the preparation of the estimates of accounts, annual assessments of income and expenditure;
(b) be responsible for ensuring that all moneys allotted to the Board are spent for the purposes for which they are allotted;
(c) be responsible for keeping the minutes of the meetings of the Board.
## Section 20. Constitution of Committees and Sub-Committees.—(1) The Board shall constitute a Committee of Courses/Curriculum and Examination Committee, Recognition an Affiliation Committee an Entrance Examination Committee and any other such Committees as maybe prescribed by rules or regulations.
(2) A Committee constituted under sub-section (1) shall consist of such members as the Board may in each case appoint based on the area of expertise and knowledge. The term of a Committee and the number of its members shall be such as may be prescribed by regulations.
(3) A Committee of the Board may co-opt such persons and for such period as it thinks fit, provided that the number of persons co-opted shall not exceed one-third of the total number of members of the Committee.
(4) A member of a Committee, or a person co-opted by it, may resign his office in writing addressed to the Chairperson.
(5) A casual vacancy in a Committee caused by resignation under sub-section (4), or arising from any other cause, shall be filled by fresh appointment or co-option in the manner provided in sub-section (2) or (3) as the case may be.
(6) The Board in consultation with the Committee may constitute under this Act any sub-committees as may be necessary for such period and, it may think fit in matters where the facts before a Committee are wide and has to be mentioned.
## Section 21. Delegation and reference to Committees by the Board.—(1) The Board may by order delegate to any Committee appointed under this Act, such of its powers and duties under this Act as it may deem necessary.
(2) Without prejudice to the generality of the foregoing powers, the Board may refer any question arising in the course of the exercise of its powers or performance of its duties and functions under this Act to the appropriate Committee and where a reference is so made, the Board shall, before taking a decision thereon, consider the recommendations and suggestions of the Committee.
## Section 22. Authentication of orders and other instruments of the Board.—(1) All decisions of the Board shall be subject to the provisions of this Act and the rules and regulations made thereunder, be arrived at by resolution, duly passed by it, and shall be authenticated by the signature of the Chairperson or such other member as may be authorized by the Board in this behalf.
(2) All instruments executed on behalf of the Board shall be authenticated by the signature of the Secretary or such other officer of the Board as may be authorized by it in this behalf.
## Section 23. Powers to make rules.—(1) The State Government may, by notification and after previous publication in the Gazette, make rules to carry out the purpose of this Act.
## Section 24. Power to make regulations.—(1) The Board may, for carrying out 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 Gazette and shall take effect from the date of publication thereof but where a date has been specified from the date so specified.
(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 certificates;
(c) The conditions for affiliations of institution;
(d) The courses of study to be prescribed for certificate;
(e) The conditions under which candidates shall be admitted to the examinations of the Board and shall be eligible for certificates;
(f) the lees for admission to the examination of the Board and entrance examination and the manner of their realisation;
(g) The conduct of examinations including entrance examination;
(h) The appointment of examiners, moderators, collators, scrutinizers, tabulators, centre inspectors, superintendent of centres and invigilators and prescribing of their duties and powers in relation to the Board Examinations, including entrance examination and the rates of their remuneration;
(i) Standards for buildings including land appurtenant thereto, the equipment and apparatus necessary for institutions seeking affiliation;
(j) Educational qualifications, and strength of teaching anti nonteaching staff of affiliated institutions;
(k) Publication of results of examinations conducted by the Board including entrance examination result;
(l) The minimum educational and other qualifications for admission of students to an affiliated institution;
(m) Admission of students to affiliated institutions through entrance examination;
(n) the inspection of affiliated institution with a view to ensure due observance of the prescribed courses of study and that facilities for instructions are duly provided and availed of;
(o) The conditions under which a candidate may be disallowed admission to the examination of the Board of courses of study in an affiliated institution or in entrance examination;
(p) Withholding or cancelling results of an examination conducted by the Board including entrance examination result and cancelling an examination conducted by it in respect of any candidate;
(q) The circumstances under which affiliation of an institution may be withdrawn or refused;
(r) Inspection of a centre;
(s) The formation of sector specific council with trade organization for curriculum development, examination, as and when necessary:
(t) Setting of procedure for conducting entrance examination;
(u) Setting of norms of educational qualification for candidates appearing in the entrance examination;
(v) Setting of curriculum development with time duration and review of courses;
(w) Promoting institutes trade organization relationship;
(x) Any oilier mailer which under this Act is necessary.
## Section 25. Power to make bye-laws.—(1) The Board may make bye-laws for giving effect to the provision 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 and the number of members required to form a quorum;
(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 of proceedings of such meetings;
(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.
## Section 26. Power to remove difficulties.—Notwithstanding anything to the contrary contained in this Act, the State Government with a view to removing any difficulty in giving effect to the provisions of this Act, may by order regulate any matter which is to be regulated by a rule or regulation under this Act.
STATEMENT OF OBJECTS AND REASONS
With a view to producing the skilled workers and making them employable by providing vocational education and training, giving opportunities to school dropouts from traditional education stream by providing them vocational education and training so as to enable them for suitable employment, giving vocational education and training opportunities for highly qualified but unemployed fellows in order to minimize their large numbers and giving option to those who are unemployed in order to impact on uncontrolled population growth, excessive pressure on agricultural land lending to decreasing employment opportunities therein and for matters connected therewith or incidental thereto, it has been decided to make a law for the establishment and constitution of a Board of vocational education and training in the State of Uttar Pradesh.
The Uttar Pradesh vocational education and training Bill, 2010 is introduced accordingly.
———
1. Passed by the Uttar Pradesh Legislature and assented to by the Governor on August 23, 2010.