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EXTRAORDINARY
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©Govl uf
Haryana CHANDIGARH. WEDN'ésDArY.
SEPTEMBER 2' 2015 LA.-
(BHADRA E1. 1937
SAKA)
LEGISLATIVE SUPPLEMENT
CONTENTS
~
PAGES
PART-I ACT
THE HARYANA STATE BOARD OF TECHNICAL
EDUCATION
(AMENDMENT ANDVALIDATION)
ACI'. ZOI5'
(HARYANA ACTNO7OF
ZOIS)
PART-II ORDINANCE
.NIL
PART-III DELEGATED LEGISLATION
NIL
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AND REPLACEMENT.
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Price : Rs. 5.00 (le)
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hereby
HARYANA ACT N0, 7OF
2015
THE HARYANA
STATE
BOARD OFTECHNICAL
EDUCATION
(AMENDMENT AND
VALIDATION) ACT. 2015
AN
ACT
flmher loamend [he
Hnryuna
Slat: Board
o/Techmcal Educanml Acl, 2008 and lavalidate cumin
utlimu laken and
things done incannecn'on Illtn'wllll
Be |lenacled by
lhe
Legislalnre of lheSlale of
Harynna in lhe
Slxly-Slllh
Yam of
the Republlc oIIndla as l'ullows :—
I. ll)
Thls
Acl
may be culled
me
Huryuna Slale 'Buam ul'Icchnlc'ul
Educullnn (Amendmenl and Valldaliun) Act.2015. (21 llshall bedeemed IO have come'lnm
fume
on me an
May.
2008
I. Sub-secnon (3)
0I
seclion Icl lhe
Haryana Slale Board
OI Technlcal liducallon Act. 1008 (herelnafler
called lhe
pnncipal Acl) shall beomllled. (i
A
, s
V
,_.f_,
,
3. -Aflcr
seniors
48
of the
principal
ALLJIe following seal Lshnll
be inserted, namelyz— .
.
"49: Validallonz— Nolwilhsundlng lhal nonouflcallun
was Issued under
V
sub-semen (3) ofrain"
1 cl
lhe
principal Acl[or
appoiming
:
day
fa
us enfmemenl the
prlnclpal
Acl shall be deemed lohave come lnlo force with efi'ecl
(mm lhe Glh
May. 2008 inviewofnmendmem made
by
this Acl.and notwithslandlng anyjudgmenl' decree
or ordel of any
court. lribuml oraulhorily, all acllons taken.
lhmgs
donel rules made.
nolil'lcalions
'lssued under \he said
Acl
by
(he Govemmenl or Ihc BoardV shall
be deemed la have been vnlidly
taken. done. made Ind Issued undet the
pnnc'lpal Act. asifthe Act
was Inlame
and shall
nol be called in
quesl'lon
in any coun. orbefore any nulhorily an
lhis
ground KULDlP JAIN, '
Secrelary loGovemmem, Haryana, Law and
bcg'lslalive
Depanmcnl SEMI—LR ——HGF
sChd Amendmcnl of secljnn ll) m Maryann Acl l9 of 10015 Inscninn ol seclion 49in leyann M1 I? of was
l JJJJJJJ'JJ'J'JJJJJJJJJJ'JWFJTI—JT/T/Tfihr .\
HARYANA GOVT. GAZ.
(EXTRA),
MAY 6' 2008 111 (VYSK. l6, 1930
SAKA)
PART I
HARYANA GOVERNMENT
LEGISLATIVE DEPARTMENT
Notification
The 6th
May.
2008
No.
Leg.
20/2008.—The
following
Act of the
Legislature
of the State of
Haryana
received
the assent
of the Governor of
Haryana
on the 18th
April,
2008,
and is
hereby published
for
general
information
:7
HARYANA ACT N0.
19
OF 2008
THE
HARYANA STATE BOARD OF TECHNICAL
EDUCATION
ACT, 2008
AN
ALT
to
provide for
establirhmenr and constitution
of
the
Haryana
State
Board
of Technical
Education
for
coordinated
development
of
technical education in polytechnic
institute:intheState
of Haryana and
for
matters connected therewith or incidental thereto BE it enacted
by
the
Legislature
of the State of
Haryana
in the
Fifty-ninth Year ofthe
Republic
of India as follows:—
CHAPTER I
PREMARY
l.
(I)
This Act may be
called the
Haryana
State
Board
of Technical Education Act.
2008.
(2) It
extendsto the
whole oftheStateof
Haryana.
(3) It
shallcomeintoforceonsuchdateastheGovernment may, by notification in
the Official
Gazette,
appoint.
2. In this
Act,
unless the context otherwise
requires.— (a)
"appointed day"
meansthe
day onwhichthe
provisions ofthis Act
shall come into
force; (b)
"Board" meansthe
Haryana
State BoardofTechnical Education established under section
6;
(C)
"bye-laws"
means
byeJaws made
by theBoard under section
41; Short
title. extent and commencement. Definitions.
llZ HARYANA GOVT.
GAZ.
(EXTRA),
MAY
6,
3008
(VYSK. 16, 1930
SAKA)
(d)
"diploma
level technical education"
meanssuchtechnical education toattain
Diploma orPost
Diploma orAdvanced Diploma
Level; (e)
"Secretary"
meansthe
Secretary oftheBoard
appointed
under sub-section
(1) ofsection
9; (t)
"examination"
meansone ormoreexaminations conducted
by '
the
Board; (g)
"Government"
meanstheGovernmentoftheStateofHaryana in
the Administrative
Department;
(h) "Governing
Council"
meansthe
Governing
Council of theBoard established
under
section
3; (i)
"HeadofInstitution" or
"Principal
"
means the head of the teaching
staff of a
polytechnic orinstitution
recognized by the Board,
by
whatevername
designated;
0) "polytechnic orinstitution
"
means an institution
imparting Diploma or
Post-Diploma orAdvanced
Diploma in
Engineering or
Technology
or
Management
Education
or
Computer Applications or
Applied Arts andCraft or
Pharmacy or Town Planning andArchitecture
recognized
by theBoard under this
Act;
(it)
"prescribed
"
means
prescribed
by regulations
made unda this Act;
(1)
"regulations"
meansthe
regulations made
by the Board and:
section
40; (in)
"teacher"
means amemberof
the
teaching
staff otherthan Principal ortheHead ofInstitute
recognized by theBoard.
CHAPTER II
BTABLISIHVIENT, CONSTITUTION,
POWERS ANDDUTIES OFTIE
GOVERNING
COUNCIL
Establishment 3. The Government shall,
by
notification
in
the Official
Gazette, establish °f
Go'f'mifll '
the
Governing
Council which shall
bean
apex body tocontrol and monitor the caum'"
matters
pertaining
to
diploma
level technical
education. Constitution of4.
(1)
The
Governing
Council
shall consist
of Chairman and the
gmmfling
following
members.
namely:iOunCI .
1. Financial Commissioner
and
Principal
Secretary :Chairman to
Government,
Haryana,
Technical Education Department ornominee oftheGovernment
p
10.
11.
12.
13.
14.
15.
16.
shall be
published
by
the
Government inthe Official Gazette. HARYANA GOVTi GAZ.
(EXTRA). MAY
6,
2008 113
(VYSKI 16.1930
SAKA)
Financial
Commissionerand
Principal
Secretary to
Government,
Haryana.
Finance
Department Financial Commissroner and
Principal
Secretary to
Government,
Haryana.
Education
Department Financial Commissioner and
Principal Secretary to
Government,
Haryana,
Industries
Department Financial
Commissionerand
Principal
Secretary to
Government.
Haryana,
Information Technology Department ViceChancellor. GuruJambheshwar
University of Scienceand
Technology.
Hisar Vice-Chancellor, DeenBandhu ChhotuRam University ofScienceand
Technology.
Murthal Chairman All India Council
of Technical Education orhis nominee Engineer-in-Chief.
Public
Works
Department (Building and
Roads). Haryana Managing
Director.
Haryana Vidyut
Parsaran Nigmn
Limited Nominee of
Progress Harmony
and
Development Chamber ofCommerce and Industries
(PHDCCI)
Nominee of Confederation
of Indian Industries
(CII)
Nominee of Federation of
Indian Chamber
of Commerce and Industries
(FICCI)
Nominee of National
Association of Software and Services
Companies (NASSCOM) Secretary
Director,
Technical Education
Department. Haryana
:
Member ex officio : Member ex officio
:
Member ex officio : Member ex officio
:
Member ex officto : Member ex officro : Member ex officio ; Member ex officio : Member ex officio : Member
:
Member : Member : Member : Member- ex officio : Member
"
Secretary
(2) Inaddition tothemembers
under
sub-section(l). twomembers shall benominated
by the
Chairman from
amongst
social activists.
educationists and industrialists
(3) Thenamesofthe
persons
otherthantheexofficio
memberswho have beennominated fromtimetotime asmembers of the
Governing
Council
5
7777' Power and duties of Governing Council. Establishment of Board.
114 HARYANA GOVT. GAZ.
(EXTRA),
MAY
6.
2008
(WSK. 16.1930
SAKA)
(4) Thetermofthe
nominated membersof the
Governing
Council shall be for a
period
of three years unless terminated earlier
by
the Government.
(5) The
Governing
Council shallmeet notlessthan once
every year, and a
period
of not more than 12 months shall intervene
between twosuccessive meetings.
(6) Thenominated
members shall
receivesuchallowances as may be determined
by the
Government.
for
meeting the
personal expenditure in
attending the
meetings orin
performing anyother functions asmembers.
5.
Subject tothe
provisions
of this
Act,
the powers and
duties of the Governing
Council shall beas
follows,
namely:—
(a) toact onthe
matters referred
by theBoardand to
approve the regulations.
recommendations anddecisionsoftheBoardfor implementation;
(b) to
prepare perspective
development plan inconsultationwith the
industry;
(c) to
approve procedures and
regulations for
appointment of officers
of
Group Aand Bof the
Board,
their
qualifications,
terms and
conditions of
service
including
conduct.
discipline
and
duties. mode of recruitment' pay scales
except
for
the
Secretary:
(d) to
appoint
officersof
Group Aand Bof theBoard as per the
provisions ofsubsection (2) ofsection 26;
(e) torecommend tothe
Governmentfor
carrying testauditof accounts of the Board
regularly oratsuch intervals asthe Governing
Councilmaydeem fit;
(f) todecide accreditation and
gradation policy ofthe
polytechnic or institution;
(g) to
approvethe
budget
recommended
by the
Board;
(h) to
give
directions totheBoardin
respect of
implementation of
various
policy
decisions taken
by
the Government from
timeto time;
(i) torecommend tothe
Governmenttoconduct an
inquiry in
respect of any
matter
concerning
the
proper conduct.
working
and finances of
the institution under theBoard.
CHAPTER III
ESTABLISHMENT, CONSTITUTION,
POWERS ANDDUTIES
OF THE BOARD
6. The Government
shall,
by
notification intheOfficial Gazette,
establish a Board for the
purposes of this
Act.
WTJ777'JJJJIfTJJTJTJ'J'J'J'J'J'fi/'d'd'
HARYANA GOVT. GAZ.
(EXTRA).
MAY 6. 2008115
(VYSK. 16. 1930SAKA)
7. The Board established
under section
6 shall
bea
body corporate havtng perpetual
succession andacommon
seal. andshall have the
powers to contract.
acquire,
hold and
dispose
of
property.
both movable and immovable, and todo all
things
necessary for the
purpose of
this Act andmay sueand be
sued. by its
corporate
name.
8.
(l) TheBoard shall consist ofaChairman
and the
following members.
namely:—
1. Financial
Commissioner and
Principal :Chairman Secretary toGovernment.
Haryana. Technical Education
Department
2.
Director.
Technical Education
Department. :Member Haryana exofficio
3.
Director.
Secondary
Education
Department, :
Member Haryana ex officio
4.
Director. Industrial
Training Department, :Member Haryana exofficio
5.
Director.
Young
Men Christians Association :Member (YMCA) College of
Engineering exofficio
6. Nominee of Confederation
of Indian :Member Industries
(C11)
7. Nominee of
Progress
Harmony
and :Member Development
Chamber ofCommerceand Industries
(Pl-[DOD
8.
Regional
Officer.
North West
Region, :Member All India Council ofTechnical exofficio qucation
(AICI'E)
9. One senior most
Pnncipal
of Government :Member Polytechnic tobenominated by
Director, Technical
Education
Department,
Haryana
10. One
Principal
of
Women
Polytechnic tobe :Member nominated
by
Director, Technical Education Department, Haryana
11. One
Principal
of Unaided
Polytechnic tobe :
Member
nominated
by
Director.
Technical
Education Department,
Haryana
amongst the
Principals of
top
threewell
performing
unaided
affiliated Polytechnic(s) Incorporation of Board
Constitution of B oard
7
Appoin merit and termof Secretary . Tum or
office .1 allowances d
members of Imrd
116 HARYANA GOVT GAZ
{EXTRAL
MAY 6.
2008
(VYSK. 16, 1930
SAKA)
12. One Teacher of
polytechnics
amongst
the '
Member best teacher awardeestobe
nominated
by Director'
Technical
Education
Department. Haryana
13,
Secretary :Member- Secretary
(2) Thenamesofpersons (not
being exofficio
members) whohave been nominated from time totimeasmembers ofthe
Board'
shall be
published by the Board inthe Official Gazette
9.
(l)
The Board shall havea
Secretary
who shall be
appointed by
the Government,
(2) The
Secretary
shall holdofficeforatermofthree
yearsfromthe date of the
publication
of
his namein the
Official Gazette
(3) Nothing insub-section
(2)
shall affectthepowerof the Government to
transfer.
in the
exigencies
of
public
service,
the
Secretary to
any other
post
undertheGovernment
during
such term; and if the
Secretary is superannuated in the
serviceofthe
Government, heshall
seizetobe
Secretary' unless his services areextendedorheis
re-employed inthe services ofthe Government or he is not transferred tosomeother post.
(4) TheGovernment mayfrom timeto
time,
extend thetermofoffice of the
Secretary
However,
the
aggregate period
of thetermshallnotexceed m'x years.
(5) The
Secretary
shallbean
employee ofthe
GovernmentThe service conditions
shall be notified
by
the
Govemment.
(6)
Where a
temporary
vacancyof the
Secretary
occurs
by
reasonof leave,
illnessorother cause,theGovernment may appoint
other person tobethe Secretary.
(7) The
Secretary
shall.
subject tothecontrolofthe
Chairman, be the Chief Executive Officer
of the
Board, andall other officers and servants, for the time
being
sewing
under theBoard shall be subordinate tohim
(8) The
Secretary
shall beentitledtobepresent atthe
meetings of the Board.
(9) The
Secretary
shall exercisesuchother powers and
perform such other dutiesas
may be made
by regulations.
10.
(l)
The membersofthe
Board,
otherthanthe exofficio
members. shall hold office for atermof three years fromthedateonwhich their names are published intheOfficial
Gazette
HARYANA GOVT. GAZ.
(EXTRA I. MAY
6.
2008 117
(VYSK. 16. 1930
SAKA)
(2) Thetermofoffice
ofoutgoing
member shall
extend to. and
expire with, the
day immediately
preceding thedate on
which
the name of his successor is
published
in the
Official Gazette,
(3) The
members shallbeentitledto such
compensatory allowances as
may be determined
by regulations.
11. A
person shall be
disqualified
for
being appointed
or
nominated as,
or for
continuing
as, the
Chairman or a member
of the Board or
any Committee appointed
under thisAct—
(u) ifhe
directly or
indirectly, hasany shareorinterestinanywork done
by
order
of'
or in any
contract entered into on behalf of the Board:
(b) if heisa
person
against whoman
orderofremoval from
office has been made under section 14:
Provtded that a
person against
whom such
order is
made, shall not be
deemed to have been
disqualified
under
this
clause, if
five years.
or such
lesser
period
as the
Government may specify. has
elapsed
from the date of his removal from
office.
12. All casual vacancies of the
members of the
Governing
Council or Board or
any Committee constituted
by
the Board shall be filled as soon as
may be.
by
nominationor
appointment,
as the case
may be;
and
the person nominated or
appointed
in a casual
vacancy shall hold office so
long only
as
the member in whose
place
he is nominated or
appointed
would have held
it,
if the vacancy had not occurred.
13. A
member
of the Board or
Governing
Council. except
an
ex officio member, may
resign fromhisofficeat
any time
by
tendering
his
resignation
in writing totheChairmanoftheBoardor
Chairmanofthe
Governing
Council, as the case
may be,
and such
member shall be
deemed to have vacated his office as soon as the
Chairman has
accepted
his
resignation. l4.
(1)
The
Government may,
on the recommendation of the Board and after
making
such further
inquiry,
as it may think
fit,
by
order.
remove
any
member of the
Board or
Governing
Council or
any Committee
thereof,
if such
member.~
(a) hasbeenconvicted
by a
courtforany offence
involving moral
turpitude;
or
(b) isan
undischarged
insolvent; or
(c) hasbeen
declared
physically
disabled
by such
medical authority astheGovernment may
specify; or
(d) isofunsoundmindand
standssodeclared
by the
competent coun; or Disqualification of Chairman
and members
of
Board Casual Vacancies. Resignation of members,
Removal of member.
Meeting of Board.
Vacancy of Chairman or member
owing to disqualification Vacancy of
member owmg to absence
without pennission. Decision on moon asto vacancy. Acts and proceedings not invalidated
by vacancies or defects in constitution.
118 HARYANA GOVT. GAZ.
{EXTRA}.
MAY
6.
2008
(VYSK. 16. 1930
SAKA)
(e) is
acting ina
way detrimental totheaimsand
objects ofthe Board:
Provided that nosuchrecommendation
shallbemade by theBoard or noorder shall bemadeunder clause (e) unless hehas been
given areasonable
opportunity
of showing
cause
why suchrecommendation ororder should not be made.
(2) The
Governmentmay sunmom
by
order remove anymemberof the Board or
Governing
Councilor
any Committee. nominated or
appointed. whose activities are,inthe
opinion
of
the
Government detrimental toor
obstruct, the proper functioning oftheBoard or
Governing
Council or of any Committee thereof:
Provided thatnomember shall beremoved fromoffice unless he has been
given areasonable
opportunity
of
showing
cause
why
such order should not be made
against
him.
(3) Notwithstanding anything
contained insubsections
(1) and
(2).
the nominated
member of the Board
shall hold office
during
the
pleasure
of the Government and shall be removed at
any
time
by
the Government. if it deems fit.
15.
(1) TheBoard shallmeet notlessthantwice inevery year and
period of notmorethansixmonths shall intervene
between twosuccessive
meetings.
(2) The
ChairmanoftheBoardmay at anytimeifthe
exigencies so
demand, andupon awritten
request made
by notless thanone-third of the total
members of the
Board,
shall calla
special
meeting
ofthe
Board. ona
day notlater than
twenty-one days
after the
receipt
of such
request by
the Chairman.
16. If the Chairman oramember of the Board or
Governing
Council or any Committee is
disqualified
under
section
11,
his office shall
thereupon
be declared
vacant
by theGovernment.
17. Ifa member nominated or
appointed totheBoard or
Governing
Council remains absent without
permission
of
the Board or
Governing
Council from three
consecutive
meetings thereof, hisoffice shall
thereupon
become
vacant and shall be so declared
by theChairman of the Board or
Governing
Council, as the case may be.
18. In caseof any dispute astowhether theoffice of the Chairman or a
member hasbecome
vacant under section13orsection
14, thedecision ofthe Government shall be final.
19. Noact or
proceeding
of theBoard or anyCommittee shall be invalid
merely by
reasonofanyvacancyin or anydefect intheconstitution of the Board
or Committee.
HARYANA GOVT. GAZ.
(EXTRA).
MAY
6,
2008 119
(VYSK. 16, 1930
SAKA)
20. TheBoard may invite any person whoinits
opinion isan
expert in Power l0invite the field of education or
any officer of the
Government, toattendits
meeting orof
32:: :1"
its
Committee.
ifthe
subject
with which the
expert orofficerisconcerned is
likely mum}; to come
up for discussion orconsideration
at such
meeting.
21.
(1) TheBoard shall constitute the
following
Committees.
namely:—
Constitution of
Committees.
(3)
Academic
Committee; (b)
Finance
Committee; (c)
Affiliation
Committee; (d)
Examination Committee.
(2) TheBoard may constitutesuchother
Committees asitthinks necessary for efficient
performance
of
its functions.
(3) Thenumberofmembers ofevery Committee constituted
by the Board, the termofofficeofitsmembers andthe
dutiesand
functionstobe discharged by suchCommittee shallbe suchas maybe
prescribed.
22.
Subject
to the
provisions
of this
Act,
the powers and functions of
the Powersand Academic
Committee shall beas
follows,
namely:— functions of
Academic
(a) todealwith
policy
matters
relating to
teaching and
training of
Committee. students; to frame
general
rules for admissions
and
migration
of
students; to recommend
syllabi
of various
courses for
approval
of
the Board;
(d) torecommendtothe
department forcreationorabolition ofposts in the interest of
effectivetea:hing
in various
disciplines;
(e) torecommend
equivalency forvarious
coursestothe
Board;
(f) toconstitute sub-committees to
discharge itsfunctions.
23.
Subject tothe
provisions
of this
Act,
the powers and functions of
the Powersand Affiliation
Committee shallbeas
follows.
namely:— ""9"?"
"f Affiliation
(a) torecommend grant ofaffiliation tonewinstitutionor new Committee.
courses with intake
capacity
to the Board for
approval:
(In) torecommend
grant/withdrawal ofextensionofaffiliation to existing
institution]
courseswith
intake
capacity totheBoard for
approval;
(c) torecommend
grandwithdtawal ofaccreditationofaffiliated institution/courses totheBoard for
"Mend mam, l20 HARYANA GOVT.
GAZ.
(EXTRA) MAY
6. 2008
(WSK. l6. l930
SAKA)
4'
(e)
to constitute
subcommittees to
discharge
its functions.
24.
Subject
to the
provisions
of this
Act, the
powers andfunctions ofthe Examination
Committee shall be as
follows,
namely:—
(a) itshallbe
responsible for
making all
arrangements forsmooth conduct and
supervision ofexamination
including
moderation of papers. publication
of
results.
appointment
of examiners. invigilators,
superintendent. deputy superintendent.
paper setters, moderators
and other
employees
conneCted
thereto;
(b) itmay impose anyofthe
punishment
after
making the
inquiry and
giving an
opportunity provided "1
sub-section
(1)
of section 37.
25.
Subject
tothe
provisions
of this Act. the
powers andfunctions ofthe Finance Committee shall be as
follows.
namely:—
(a) to
preparetheannual
budget andrecommendfor
approval tothe Board;
(b) to
accept theaudit
report;
(c) to
exercise suchfinancial andother
powers as
delegated
by the Board or
by the
Governing
Council;
(d) torecommend creation/abolition ofthe
posts to theBoard;
(c) to
approve the
expenditure and
purchase proposals forvarious requirements oftheBoard
except for thesecrecy work.
26.
(l)
The Board may appoint
such other officers
and
servantsasit considers
necessary
for the efficucnt
performance
of its functions
under
this Act
(2) All
Group Aand
Group Bofficers shallbe
appointed on deputation from
Government
Departments.
University, Statutory
Boards and Corporations
after
approval ofthe
Governing
Council.The
salaries.
allowances and other conditions of service of
the officers
appomted
under this
section shall be such as
may be determined
by the
Governing
Council
under clause
(c)
of section 5. .
(3) Forallother
category of
employees
except asmentioned insub- section
(2).
appointment
shall be made
by theBoard and the
salaries,
allowances and other conditions
of service of the
employees appointed
under this sub-section shall be such as
may be detennined
by theBoard
by regulations.
(4) AllofficersoftheBoard shall
exercrsesuchpowersand
perform such
dutiesas are
respectively assigned tothem
by the
Secretary
underthe
general or
special
orders.
(5) Allofficers andstaff
appointed
underthis Act
except Secretary shall be the
employees
of the
Board.