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Haryana act 019 of 2008 : The HARYANA STATE BOARD OF TECHNICAL EDUCATION ACT,2008

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EXTRAORDINARY

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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

49

PART-l" CORRECTION SLIPS. REPUBLICATION

AND REPLACEMENT.

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Price : Rs. 5.00 (le)

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Maryann. on lhe 3m

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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

approval; to recommend for

gradation/ranking

of affiliated institutions/ courses;

"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.