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19

CHHATTISGARH ACT

(No. 17 of 2013)

CHHA TTISGARH RIGHT OF YOUTH TO SKILL DEVELOPMENT ACT, 2013

TABLE OF CONTENTS

Section

CHAPTER-I

PRELIMINARY

I. Short title, extent and commencement. ·· 2. Definitions.

3. Right of youth to get skilled.

4. Exercising the.rightJo skill development.

5. Testing and certification. , - - CHAPTER-II

ORGANIZATION AND STRUCTURE OF THE STATE AUTHORITY AND DISTRICT

AUTHORITY

6. State authority.

7. Govc.::rniug wuncil.

8. Executive committee.

9. District authority. 1.0, Term of members of the Governing Council, the Executive Committee and the District Authority.

CHAPTER-III -~

FUNCTIONS AND RESPONSIBILITIES OF THE AUTHORITIES UNDER fflE ACT

11. Functions and responsibilities of State Authority.

12. Functions and responsibilities of the Governing Council.

13. Functions and resonsibilities of the Executive Committee.

14. Functions and responsibility of chief executive officer of State Authority.

15. Functions and respon1:ihiliLy uf th~ District Authority.

16. Quorum for meetings of the Governing Council, the Executive Committ~e and the District Authority. CHAPTER-IV

GRIEVANCE REDRESSAL MECHANISM

17. Redressal of grievances and review. CHAPTER-V

FINANCES

18. State skill Development fund.

19. District skill development fund.

20. Audit of the state and district skill development.funds.

20

CHAPTER-VI

MISCELLANEOUS

... '

21. Directory of skilled persons.

22. Notification of Vocational Training Provider situated outside the State.

23. Research and development in skills.

24. Collaboration with industries.

25. Protection of acts done in good faith.

26. Applicahility of certain rules and laws.

27. Power to make rules and regulations.

SCHEDULE

.,

- - --.,....,, ,;;,... - -.,,.,._.,,,;,;; - ~ --- - - ··: ~ -, - - ---

21

CHHAT IISGARH ACT

· (No. 17 of 2013)

.,

CHHATTISGARH RIGHT OF YOUTH TO SKILL DEVELOPMENT ACT,_2013 An Act to Provide for right to opportunities for skill development to every youth, residing in th~ State of Chhattisgarh, in any '"~ :ation of her or his choice consistent with eligibility and aptitude.

Be it enacted by the Chhattisgarh Legislature in the Sixty-fourth Year of the Republic of India, as follows :-

I

CHAPTER-I

PRELIMINARY

Short title, extent I. (1) This Act may be called the Chhattisgarh Right of Youth to Skill Developmft

and commence- ment. Act, 2013. · _ -

(2) It extends to the whole of the State of Chhattisgarh. '(3) It shall come into force o~ such date as the State Governmen_t mayj by notification in the Official Gazette, appoint.¹

lll'finltlnns. 2. In thi~ Act. unless the context otherwise requires,-'

(a) "Block" means a Community Development Block or a Tribal Development Block, as the case tllay be, which has been notified by the State._ Government for the purposes of rural de\!elopment or tribal development; · \

(b) "Central Governm1mt" means the Gove[(lri\ent ~~~. --~ , , _ ' \ - \

(c) "Chief Executive Officer" means\ the t~-i\f,l£~~~hve Officer of the Chhattisgarh State Skill Development Authbrity;

(d) "District Authority'' means the District Skill Development Authority notified_ by the State Govemment for the purposes of this Act;

(e) "District Planning Committee" means the District Planning Committee as ctr.finect in the Article 243-ZD of the Constitution of India;

(f) "Executive Committee" means the Executive Committee of the Governing Council;

(g) "Governing Council" means the Governing Council of the Chhattisgarh State Skill Development Authority;

(h) "Schedule" means a schedule appended to this Act;

(i) "Skill" means a skill recognized by the State Authority for which a person is suitable by education, prior knowledge, aptitude, experience, practice, tradi- tion or family occupation, as the case may be, which has been standardized and recognized by the State authority;

(j) "State" means the State of Chhattisgarh;

(k) "State Authoriy" means the Chhattisgarh State Skill Development Authority, to be notified by the State Government, for the purposes of this Act;

22

} I (1) . "State Government" means the Government of Chhattisgarh"

(m) "Third Party Assessor" means an assessor of skill levels, not' associated with theVocational Training Provider where the youth being assessed for skill level is being trained am.1, so recognized by the State Authority;

(n) "Training" means training imparted to youth for the purposes of skill development;

(o) "Vocational Training Provider" means an individual, an institution, an industry a micro or small enterprise, an association of persons, a Government or Non Government Organization or a business having capacity to train, as may be prescribed, registered with the State Authority for training in skills;

(p) "Youth" means a person who is a resident of the State and is not below the age of 14 years and !}Ot above the age of 45 years on the date of subm.ission of an application. for skill development.

3.^(l) No youth shall be denied opportunity to get skilled in a vocation of choice Right of youth to get from amongst the skills, as notified by the State Authority, subject to skilled. possessing such eligibility as mentioned in the notification.

(2) Notwithstanding anything contained in this section or under any provision of this Act, the right to get skilled in a vocation of choice shall be deemed to have been extinguished, if the youth is not declared successful by the Third Party Assessor or fails to satisfactorily complete the relevant training:

Provided that a youth may make an application for developing multiple skills, if a District Authority or the State Authority, as the case may be, has exhausted all eltgible applications for skill development in such skill

(s) at the time of submission of the application.

4. (1) In exercise of the right to skill development, a youth may make an application, Exercising the

to the District Authority or to an officer designated by the State Authority for right to skilled

this purpose in the Performa as prescribed in Schedule of this Act, and the development

District Authority or the officer designated by the State authority shall identify a Vocational Training Provider and inform the applicant of the same within a maximum period of 90 days from the date of receipt of application:

Provided that where the Vocational Training Provider, identified under this sub-section, is situated outside the limits of the Block but within the limits of the District and in the opinion of the District Authority the distance between the Vocational Training Provider and the ordinary residence of the applicant is such that commuting to and from the Vocational Training Pro- vider is beyond the capacity of the applicant then the District Authority shall · make such arrangements for providing residential accommodation during the

. period of training, as may be required on such terms as the District Authority may determinde:

. Provided further that where the Vocational Tranining Provider is situated outside the limits of the District, the District Authority shall refer the application to the State Authority, which shall thereafter make such arrange- ments as are necessary, in consultation with the District Authority in whose district the Vocational Training Provider identified for training is situated.

(2) An application made to the District Authority under sub-section (I) of this section may be modified by the applicant· where the applicant is found by the District Authority to be suitable for development of a skill other than the

23

Testing and . 5. Every youth enrolled for development of a skill shall be certified by the State Authority

certification. to possess such skill only after having satisfactorily completed the relevant training by a Vocational Training Provider and after having been examined and declared sucessful by a Third Party Assessor.

CHAPTER-II

ORGANIZATION AND STRUC.TTTRE OF THE STATE AUTHORITY

AND DISTRICTAUTHORITY

State authority. 6. There shalt be a State Authority known by the name of Chhattisgarh State Skill Deve- lopment Authority in the State of Chhattisgarh to implement the provisions of this Act which shall be a body corporate having a perpetual succession and a common seal and may by the said name sue or be sued:

Provided that Lhe Chhattisgarh State Skill Development Mission registered as a society under the Chhattisgarh Societies Registration Act, 1973 (No: 44 of 1973), existing on the date of commencement of this Act, shall stand dissolved and all assets - I and liabilities of the Chhattisgarh State Skill Development Mission shall be deemed to ! be the assets and liabilities of the State Authority:

Provided further that any contractual obligations on the part of the Chhattisgarh State Skill Development Mission or accruing to it, includini th0s~ in rP~rP,t of employees, shall deemed to be an obligation of the State Authority or accruing to it, as the case may be.

Governing council. 7. There shall be a Governing Council to exercise supervision and control over the activi- ties of the State Authority and to evolve guidelines on policies to be pursued by it with the following composition :- ·

(a) (I) Chief Minister of the State shall be the Chairperson (Ex-Officio);

(2) Ministers in-ch<1rge of-

(i) Technical Education & Manpower Planning,

(ii) Labour, and .

(iii) Sports and Youth Welfare Development shall be the members (Ex-Officio);

(3) Vice Chaiµerson of Slate Planning Commission shall be the Member (Ex-Officio);

(4) Chief Secretary of the State Government shall be Member (Ex- Officio);

(5) Secretaries to the State Government (by whalever designation called), in charge of the .deparlmcnts of Agriculture and Allied Sectors, Aviation, Energy, Finance, Forests, Health and Medical Education. Higher Education, Housing and Environment, Industries, Information Technology and Bio-technology, Internal Security, Media and Information, Mining, Panchayat and Rural Development, Public Works, Rural Industries, Scheduled Tribes, Scheduled Castes and Other Backward r:lasses Welfare, School Education, Social Welfare, Technical Education and Manpower Planning, Tourism, Urban Development, Woman and Child Development and Youih Welfare shall be the members (Ex-officio);

24

(6) · Three chairpersons, by rotation, of District Authorities shall be members (Ex-officio); and

(7) Chief E~ecuti've Officer of the State Authority shall be the Member- Secretary.

(b) foaddition to ~he ex-officio.members, mentioned in clause (a) of this Section, following shall also be nominated· by the State Government as membe_rs:

(I) Three persol)S of eminence, one of whom shall be a woman, with bac.kground- in i_ndustry·, trade and commerce; . · (2) Three persons of erp.inence, one of whom shall be a woman, with background in skill development and livelihood progr.ammes;

...

(3) Three persons from the State, one of whom shall be a woman, 'who· have contributed substantially to skill development; . , ·'

(4) Five persons, one· of whom shall be a woman, representing . _ educational · institutions, engaged in the field of . technical, agricultural, m'edical, vocational and management education;

(5) . One person, being_differently-abi~d, representing the interests of youth with disabilities involved in d.tiveloping skills;

(6) Three 'Persons representin~ 'vocational Train~ng Providers; and

(7) One person representin.gi~ognized organiiation of youth iri the State.

(c) Five members of the State L!;!gislative Assembly, out of whom one member each shall be from the Scheduled Castes, the Scheduled Tribes, and ihe Other

1

Backward Classes, shall~ nominated by the Speaker.of the State Legislative Assembly, shall be members (Ex-officio). . ,J

(d) The Governing Council may extend invitations to such number of experts or other officers of Central Govern·ment_or State Government,' as it may deem fit, who in its o.pinion can contribute to its deliberations .

. 8. There shall be an Executive Committee of the-Governing Council, to carry out its Rxecutive commi~

directions and to guide and direct the Chief Executive Officer in implementing the · ttee.

policies made by the Governing Council, with the following composition, namely :-

(a) Chief Secretary of the State Government shall be the Chairperson (Ex- officio );

(b) Secretaries to the State Government (by whatever designation called) in-charge of the subjects of Agriculture and Allied Sectors, Finance, Industry, Labour, Rural D.evelopment, the Scheduled Tribes, the Scheduled Castes and the Other Backward Classes Welfare, Technical Education and Manpower Planning, Urban Development, Woman and Child Development and Youth Welfare shall be the members (Ex-officio);

(c) Convener of the state level bankers committee shall be member (Ex-officio); ( d) One member from among the members under sub-clause (1) of clause (b) of Section 7, to be nominated by the State Government;

(e) Two tjlember from among the members under sub-clause (4) of clause (b) of Section 7 one whom shall be a woman, to be nominated by the State Govern- ment;,

25

370 (24)

(t) One member from among the memQers under sub-clause (6) of clause (b) of Se~tion 7, to be nominated. by the State Gove!Dment, and

. ' - . .

(g) .C hief Executive Officer of the State Authority shall be the Member-Secretary. I ., '

District authority. 9., Every district shall hav.e a District Skill Development Authority, to implement the . provisions of this Act at the District level, with the following :eomposition, namely :-

(1) District Colleftor shall be the Chairperson (Ex~officio); · - (2) Chief E~ecutive Officer Zila Panchayat shall be a member; ·

(3) One member-representing State Authdrity shall be the Member-Secretary;

(4) Three persons representing industry, trade and commerce;

(5) Three pers·ons, one of whom shall be a diffe rently-abled person, representing educational institutions engaged in technical, agricultural, medical, vocational and management education; ,,

(6) One person representing Vocational Training Providers in the district;

(7) Woman, with background in ski'll development among women, to be nominated by the Chairperson of the District Planning Committee;

(8) Five members representing Panchayati Raj Institutions in the district, to be nominated by the Chairperson of the District Planning Committee, one of. whom _ shall be from the Scheduled Castes, one from the Scheduled Tribes and one from the Other Backward Classes;

(9) Five members representing urban 1~9al bodies in the district, to be nominated . by the Chairperson of the District P~nning Committee, one of whom shall be from the Scheduled Castes, one from the Scheduled Tribes and one from the Other Backward Classes;

(10) The District Lead !3ank Manager shall beamember; and

(11) The District Authority may extend invitations to experts or officers of the State Government, not exceeding three in numbers, who in its opinion can. contribute to its deliberations.

Term of members 10. The term of members, other than the ex-officio members, of the Governing Council, the of the Governing

Council, the Executive Committee and thP. nistrir.t Authority, as the case may he. shall be for a

Executive Commit- maximum period of three years unless a membe,r is removed by t~e St~ife Government, tee and the for reasons recorded in writing:

District Authority.

.. · Pr~vided that a memb.er, otherthan _an\ex:officio member, may be re-nomi- ·nated for a further term of three years by the .State Government or the chairperson of the .. District Planning Committee, as the case may be. ·

,~ CHAPTER-III . .· . . ;. .. ,· ·• -

FUNCTIONS AND RESPONSIBILITIES OF mE· AUTHORITIES_ .'•

. UNDER THE ACT ,.

Function., and 11. ·. (1) . ' >' The ·S tate Authority; shaif have the' followi~g .f u~ctions and responsibilities, .. iespomii,mt1es. or-·

.. State'"A uthority; ·., namelf:~ - . · , ·

· (af/ •.: .· It shall; \\'hen called upon to do so by the State Government, advise it · · · on the skill•development policies and programmes;

26

(b) At least one month before the beginning of finnancial year, the State Authority shall submit to the State Government, for its approval, the · Annual Skill Development Plan for the ensuing financial .year; ( c) Once in every five years, the State Authority shall prepare and submit to the State Government a perspective plan for skill development in the State having regard to the macro-ecQOomic growth trends, emerg- ing technologies and demand for skilled human resources; (d ) It shall be the duty of the State Authority, to notify by regul~tions, the skill development framework comprising courses and programmes . of training, the detailed curriculum, the methodology adopted for testing and for certification, and to modify the same from time to time;

(e) The State Authority shall have the powers to award certificates in recognition of attainment of skills at various levels by the youth, on the basis of prior knowledge or training provided, by a Vocational ··Training Provider, and assessed by a Third Party Assessor;

(t) It shall be the duty of the State Authority, to notify by regulations, the procedure for selection, registration, evaluation, renewal or cancella- tion of registration of a Vocational Training Provider;

(g) It shall be the duty of the State Authority, to notify by regulations, the p~ocedure for selection, registration, evaluation, renewal or cancella- tion of registration of a Third Party Assessor;

(h) It shall be the duty of the State Authority to recom[!lend the State Government, from time to time, one or more certificates or other . awards pertaining to skill development, which may _be considered to be equivalent to awards such as degree, diploma, certificates or eligibility qualifications as are recognized for the purposes of public employment or access to higher education; -

(i) It shall be the duty of the State Authority, to issue from time to time, such directions and guidelines to the District Authority for the effective implementation of the Act, as it may deem necessary;

G) Subject to availability of funds at its disposal, the State Authority may take up such iother activities not included in the Annual Skill •

1 Development Plan , which in its opinion, are necessary for the pur- poses of this Act:

' .•

Provided that where the requirement of funds is, or is likely to be, liability on the State exchequer, no activity other than those contained in the Annual Skill Development Plan shall be taken up,· except with the prior approval of the State Government;

(k) Subject to the financial Provisions, the State Authority shall have the pow.ers to employ on contract or otherwise, such number of persons to assist the Chief Executive Officer necessary to car~y out its func- tions, and every such employment shall be subject to the provisions of the Chhattisgarh Lok Sewa (Anusuchit ,Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No. 21 of 1994 ), as amended from time to ti me; - :,~ l .,

,.. ,, '; '. ~ :,·. • ·.,;;..1 !,·· w i< ••

..

_;,/

27

(m) The State Aµthority s~all have the powers to receive grants or loa~s, as the case ma:y be, from the State Government;

(n) The State Authority shall ha\le the powers to receive gifts, donations, bequests, benefactions or transfer of movable or immovable proper- ties from testators, donors or transferors, as the case may be, for pur- poses not inconsistent with the provisions of this Act;

(o) The State Authority shall have the powers to collaborate with institu ⁰ tions of national or international repute engaged in skill development, for furthering the purposes of this Act; ,

(p) Subject to the provisions of this Act, the State Authority shall have the powers to do all such things, which are not specifically mentioned in the foregoing provisions of this Section, , and which may b_e necessary for carrying out the purp~es of this Act; and

(q) · The State Authority shall perform such other functions, not being inconsistent with the purposes of this Act, as assigned to it by the State Government.·

(2) Notwithstanding anything containe<;J/4n sub-section (1) of this Section, theS~ate Authority shall not dispose nff, irt any manner, any imm(wahle prop1my without th~ ¹prior approval of the State Government. ·

Functions and 12. The Governing Council shall meet at least once in a year and shall have the folloWing

resonsibilities of functions and responsibilities, namely :....:._ ·

the Governing Council. (a) To provide policy directions to the Executive Committee or the Chief. Executive Officer, as the case may be, for_ the implementation of the Provisions of this Act and regulations made thereunder;·

(b) To advise the State Government on policies dealing with skill development;·

(c) To appro_ve the fJve-year perspective plan for ~kill development in the State;

(d) To approve the.Annual Skill Development Plan proposed by the Executive Co1pmittee1 with such modifications as it may deem fit;

(e) To appro/en otification of regulations made under Section 11 of this Act: or modifications thereof;,· . ·

•·. (t) To approve the Annual Report and the Annual Financial Accounts of the State Authority; ·

To delegate, to such ext~nt, any of its powers to the Executi_ve Committee and to_ authorize it. to take.·such decisions on its behal~, as may be necessary, for

. effectiv_ely c_arrying out the purposes of this Act; and ·'

··'

(h) To exerc_ise:such other powers not specified above, a_s 'may be necessary to carry out the purposes of this Act, which do not require the prior approval of the State 'Government.

'- Functions and . 13. The Executive Committee shall meet at least once in every three months, and shall have

responsibilities of the following functions and resposibilities, namely :-

the Executive Committee. ' . . (a) To:review-and .monitor the implementation of the provisions of this Act and regulations made thereunder ;

28

· (b) To approve the five-year perspective· plan for skill development in the State for the consideration of the Govern!ng Coucil;

(c) · To approve the Annual Skill Development Plan, submitted· by the Chief Exceutive Officer, and to recommend the same for the consider:ation of the Governing Council, at least two months before the beginning of the financial year next; .

'

(d) To make, adopt, amend, vary or rescind, from time to time and with the appro-i.ral of the Governing Council, the regulations made undet Section 11 · of this A . b ·,

. (e) To review the working of the Distirict Authority and to issue, from time to time,/guidelines or directions to it; · · ·

(t) To approve proposals for creation of posts on contract or otherwise under the State: Authority or the District Authority; · ·

i'

(g) To approve proposals in regard to acceptance of any loans, grants, bequests or \

\ any 9ther financial . assistanc:e in cash or kind from any government or i appro, ved n. on-government, national or international sources for skill develop-\ \ ment;

\ i

\.

(h) To gi:ve such guidelines or issued s·uch directions to the Chief Executive '.

. Officbr, as it deems necessary, for carrying out the purposes of this Act and ·. regul~tions thereunder;

(i) To approve proposals, fot the consideration of the Governing Council, for the equivalence of, one or more certificates or other awards pertaining to skill development to awards such as degree, diploma or certificates or eligibility quali(ic~tions as are .recognized for thuurposes of public employment or access·t0 higher ed.ucation; .

. (i) To fix, Ieyy and receive such· fees and other charges for service rendered by 'the State 1uthority;

' '

To institut~-arid award scholarsbips, prizes and medals; · · t

. (I) . To appoint ~~mmittee(~) for dis~sal ofa ny business of the State Authority or

. for advice in ~ny matter pertaining to the State Authority ;

(m) To consider an~ pass su·ch resoluti;ton the a~nual report, the annual accounts and the financia)._estimates. of the State J\uthority, as it may deem fit;

(n) To delegate, to such extent as it may deem necessary, any of its powers to the ChiefExecuti~e Officer of the State Aulhority, or to the District Authority, or to any committee constituted tinder clause (m) of this Section hereinabove;

(o) To approve proposals in respect of making capital investment within the ap- proved financial estimates; ·

(p) To approve proposals for appointing bankers and auditors in respect of the State Authority; and ·

(q) To perform such other functions and c11ri-y out such duties, as assigned to it from time to time, or exercise any of the powers delegated to it by the Govern- ing Council.

. ' .

29

Functions and 14. The Chief Executive Officer shall be the executive authority, for the purposes of this act

responsibility · of chief executive and shall ti.ave the following_ functions, namely :-

officer of ·State (a) To prepare and submit, for the consideration of the Executive Committee, the

Authority. five-year perspective plan and the Annual Skill Development Plan for the State;

(b) To propose regulations to be notified under Section 11 of the Act;

(c) To _monitor the performance of Vocational Training Providers, Third Party Assessors or District Authorities and to take such remedial measures as required to be taken under the regulations for the effective imple~ntation of the provisions of this Act.

(d) To recruit personnel on contract or otherwise, against approved posts;

(e) To enter into agreements for, and on behalf of, the State Authority in respect of leasing, hiring, or procurement of goods, services and properties and for col- laboration with institutions of national or international repute engaged in skill development;

{t) To dispose off movable properties from time to time;

(g) To m~n.age the administrati~n . o: the State ~ut~lity and the District Authorities and to act as the d1sc1phnary authority trl/ respect of all persons· employed on contract or otherwise therein;

(h) To receive loans, grants, gifts, donations, bequests, benefactions or transfers of movable or immovable properties, on behalf of State Authority, under the provisions of this Act and to enter into agreements for such purposes;

(i) To have custody of the funds of the State Autho,rity;

(i) To prepare the financial estimates, prior to the commencement of each finan- cial year and to sanction expenditure against available funds within the extent of_ delegation approved by the Executive Committee; ·

(k) To ensure the preparation and maintenance of the books of accounts and other relevant records;^!

(I) To ensure the preparation of the Annual Repqrt and the Financial Statement of Accounts of each financial year for the consideration of the Executive

. corriinittee;

(m) To repr~sent the State Authority, as its recognized agent for all purposes under

•• ... ~ , • I ' this-Act including in respect of any procee~i_ng, before any court or quasi- judicial authority;

(n) To convene meetings of the Governing Council or Executive Committee, as the case may be; and

(o) . Withi:mt prejudice to any other provisions of this 'Ac't, ·t he Chief Executive .. .,.,. Officer shall exercise such other powE:rs a_nd pe~form such other functions, as

30

15. The District Authority shall meet at least once in a month and shall have the f9llowing Functions and

functions and responsibilities, namely :-

reWonsibllity of the Di~trict Authority.

(a) To prepare the Annual Skill DevelopmentProgramme_forthedistrictand make it available to the Chief Executive Officer for preparing the Annual Skill Development Plan of the State Authority;

(b) To publish, in consultation with-the State Authority, a list of skill development training opportunities available in the district and the minimum number of trainees required before the training may commence;

(c) To monitor and supervise training for' skill ,development by Vocational Train- ing Providers situated in the district and to take such remedial meansures as are necessary for the effective implementation of the provisions of this Act;

(d) To receive loans, grants, gifts, donations, bequests, benefactions or transfers of movable or immovable properties under the provisions of this Act;

(e) To ensure the preparation and maintenance of the books of accounts, and other

. relevant records;

(f) To ensure the preparation of the Annual Report and the Financial Statement of Accounts of each financial year and submit the same to the Chief Executive Officer;

(g) To identify and pool all resources available within the district, as may be reqired, for skill development activities therein; and

(h) To make reports, with such periodicity as may be directed by the Chief Executive Officer, on the i,tatus of skill development activities of Vocational Training Providers, Third Party Assessors and the Youth enrolled for develop- ment of skills within the district.

16. The quorum for the meetings of the Governing Council, the Executive Committee and Quorum for

the District Authority shall be one third of the total membership not including the meetings of. the

special invitees. Governing Council, the . Executive Committee and the

District Authority.

CHAPTER-IV

GRIEVANCE REDRESSAL MACHANlSM

17.^(l) An applicant for skill development or a youth enrolled for skill development Redressai of aggrieved by a decision, an order or an action on the part of a District grievances and review.

Authority or an Officer designated by the State Authority under sub-section

(I) of Section 4 or the Vocational Training Provider may make a represen- tation before an authority, to be specified in the regulations, within a period of 30 days of such decision or order or an action, as the case may be, and the authot1ry shali proceed to hear and make a decision on the representation within a futher period of 60 days, and, where the applicant or the youth en- rolled for skill development, as the case may be, is not satisfied with the decision on the representation may prefer a second representation for review within a period of 45 days of the decision and a reviewing authority, to be specified in the regulations, shall proceed to hear the grievance and take an appropriate decision in the matter within a period of 90 days, and the decision of the reviewing authority shall be·final. ·

(2) A Vocational Training l>rovider or a Third Party Assessor aggrieved by a deci- . sion or an order or an action on the part of the Chief Executiv·e Officer or a

31

.District Authority, as the case may be·, may make a representation before an authority to be specified in the regulations within a period of 30 days ofsuch decision or order or action, as the ca~e may be, and the authority shall proceed to hear and make a decision on the !epresentation within a further period of 60 days, and, where the Vocational Training Provider or the Third Party Assessor,

•a s the case may be, is not satisfied with the decision on the representation, may prefer a _second representation. for review within a period of 45 days of the decision and a reviewing authority, .to be specified in the regulations, shall proceed to hear the grievance and make an appropriate decision in the matter

. within a period of 90 days, and the decision of the revieWing authority shall be fin~. ·

CHAPTER-V

FINANCES

State skill develop-

18. There shall be a State Skill Development Fund, to be_ maintaihed and operated by the

ment fund.

State Authority in the manner specified by regulations ih this regard, for the purposes of

I ,

implementation of the provisions of this Act and which shall be credited by. money received from or by the following, namely :-

(a) The Central Government;

(b) The State Government;

(c) Loans, as authorized by the St.a te Government; / '

(d) Gifts, donations, bequests, benefactions or trarlsfers received under the provi- sions of this Act; and I

(e) Any fee collected by the State Authority. ,

District skill 19. There shall be a District Skill Development Fund, to be maintained and operated by the

develop-ment fund~ District Authority in the manner specified by regulations in this regard, for the purposes of implementation of the provisions of this Act and which shall be credited by i;noney received from or-by the following, namely:-

(a) The Central Government; ·

(b) The State Government;

(c) Loans, as authorized by the State G?vernment; .•

(d) · Gifts, don;:itions, hequests, benefactions or transfer,s received under the

provisions of this Act; and '

(e) Transfe~s -~r?m tile Slate Authority.

Audit of the state 10. The State.Authority and District Authority in each district shall :-

and district skil,l · (a)··· 'Ma,n'tain proper accbunts. including the balance sheets. and other relevant

development funds.

-records, prepare an annual financial statement of accounts which shall be audited 15y the Examiner of Local Fund Audit of the State or such person(s) a1.i'thoritzed by it; . hk

1

1

(b) .... ,, .. ;~~:~xa~in~~ ~f the {ocal Fu~d A·udit or any person authorized by ~:~- in connection with ·the ,audit of the accounts of the State Authority or District ·Authority, as the case may· be, shall hav~ the 'same rights, privileg~s and.; , authorities in connection with such audit as the Examiner of the Local Fund Audit has in connection with the audit of the accounts of local bodies, in particular, -shall haveJ~e right to demand the production of.books, accounts, connected vouchers, other documents and papers· and to inspect the offices, of lhe State Authprity. or the District Authority in each district, as the case may. bt:;, /l ·.· .

,., .

32

(e) These accounts; as certified by the Examiner of the Local Fund Audit or any other person authorized by him in this behalf, together with the audit report thereon, shall\be forwarded annually to the State Government and State ·Government shall cause the same to be laid before the State Legislative Assembly; and

(d) The State Authority a,nd District Authority in each district may appoint statu- to_ry auditor for audit ofits accounts without derogating clause (b) and (c) of this Section.

CHAPTER-VI

MISCELLANEOUS

21. The State Authority shall maintain and periodically publish on its website a directory of Directory of skilled

sk . il

persons.

led persons in the State. · . .

22. Where ·there is absence or d~ficit of certain skills within the State and in the opinion of Notification of the State Government such skills are required to be imparted to youth in the public Vocational Train-' interest and for which no Vocational Training Provider is available within the State, it ing Provider situated 9utside may, on the recommendation of the State Authority, identify an appropriate Vocatio~al the State .

. Training Provider situated outsJde the State and thereafter the State Authority shall notify such skills as well as the identified Vocational Training Provider and_ shall proceed to make appropriate arrangements for skill development of eligible youth.

23. The State.Authority ~hall enter into collaboration with agencies.or institutions i~clud-

Research and in& universities for research arid development in training for skills: development in skills.

24. · The State Governmen~ and the State A·uthority shall encourage ·voluntary participation Collaboration with of-Industries in ·development of skills amongst the youth of the State. industries. ·_ . . . \ . . . . .

25. No suit, prosecution or other legal proceedi'1gs shall lie against the Government, or any Protection of- acts · officer or other employee of the Governme~t, or ariy authority constituted under this done in good faith. Act, or-any member, officer or other employee of such authority or_authoriteis in re- spect of anything which is done or intended to tie done in good faith in pursuance of this Ai::t or the rules, regulations made, or the orders,?r directions issued: thereunder. 26: (1) Unless otherwise specified by notification by the State Government, the Applicability of provisions of the Chhattisgarh Civil Sewa (Samvida Niyukti) Niyam, 2012 certain rules and _. - shall apply, mutatis mutandis, to contractual employment under· the State laws. _ 'Authority or the District Authority, as the case may be.

(2)-· Unless otherwise specified by notification by the St.ate Government, the provisions of the Chhattisgrah Store Purchase Rules, 2002, as amended from

time to time, or any law made by the State Legislature for the time being in

force in this regard, shall apply, 1_11utatis mutandis, on_ the State Authority or the District Authority, as the case may be.

27. (1) The State Government shall have the powers to make rulef to carry out the Power to make · purposes of this Act. rules and regula-

tions.

(2) The State Authority shall have the powers to make regulations, subject to the

_provisions of this Act, to carry out the purposes thereof. · (3) Every rule or regulation made under this Act, shall be laid, as soon as may be after it is made, before the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or two or more _s uccessive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the House agrees in making any modification or the House agrees that the rule.or regulation, as the case may be, should not be made, the rule or regulation, as the case may be,

shail thereafter have ef~ct only in.such modified {orm or be of no effect, as the case may be, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule or regulation, as the case may be.

33

SCHEDULE

· [ See Section 4( 1) ]

APPLICATION FOR S1'ILL DEVELOPMENT

(Applicant to fill in as many details as known to him)

• Date of Submission of Application Please affix to the District Authority your current passport size

• Name of the District photo · ·····················································•·\

Personal Details :

I. Name of Applicant

2. Father's/Husband's Name

3. . Mother's Name ....................................................... ; ............................. .

4. Gender (Male/Female)

5. Age (In Years and Months) •••••••••••••••••••••••)••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

6. Date of Birth Date ..................... ···i"'h .......... ............ Yem-... ···········:

7. Whether Resident of Chhattisgarh State (Yes/No)

8. Category (SC/ST/OBC/Unreserved)

9. Religion

10. Whether Differently abled Person (if Yes, mention the type)

11. Marital Status (Married/Unmarried)

12. Whether Belongs to BPL Category (Yes/No)

13. Employment Rxr.hange Registration o o O o o o O o O o o o o o o o o o O o o o O O o o o o o o o O O O o o O O o o O O o o o O O O o O O O o o O I o o o o O o O O I O O o O O O o O O O O O O t f O O O O I ~ No. (if any)

,Jtl. Andhaar Card No. (if a11y)

15. Whether Beneficiary of any Scheme of any Department/Board etc. (if Yes, please mention name of the Department/Board etc.)

16. Languages Known

17. Permanent Address Village/City .............................................. '. ................... .. Ward No./Gram Panchayat ........................................ .. Block ................................. Distrkt ............................. .. State ............................... Pin Code. .............................. .

34

18. Address for Correspondence ·····••.•·········· ....... ··········· ··························:·····••.•··············· Village/City ........................................., ,_ ...................... . ·Ward No./Gram Panchayat ......................................... . Block ................................. District ............................. .. State ............. :. ................ Pin Code ........ , ......... ,,· ........... .

19. Telephone No. for Contact (if any) ························································:···'-·;: .. ·. .................. .

20. Mobile No. for Contact (if any) -·:·.··: . • :, .. ••·.·· · . · ······································································· -

21. E-mail (if any) . ···-i-···:··················································""····· ................ . \^I

22. Occupation of the Applicant .. ... ·. .................................................................................. .

23. Family Occupation ····· . · ··················"····················^. ·········································· .

24. Annual Income of the Family , .. •. .............. ·. ...... ~ .............................................................. . I , _ :2s.· • Ae,ademic Qualification :

Name of ~xamination Year of Passing Name of Board/ Percentage of

,. .. . .• University Marks or Grade

\

.

26. Technic~J/Prof~ional Qualification: Vocational Education and T~aining/ITI/Diploma/Engineering/Man- agement/Medical and Nursing/Pharmacy/Other

S.No. Qualification Trade/Branch/ Name of Board/ Duration Yearof Percentage. Stream University (In Years) Passing of Marks

or Grade

27. Details of Skills Already Acquired:

S.No. Details of Sector Name of . Whether Skills Gained Formally/ Formal Skill Skills Equivalent having a Informally/Traditionally/ Training MES Course Certificate Inheritance Duration

(Yes/No)

35

. 370 (34) {§ffifl'I~ ~, ~ 6 ~ 2013 ·====-=====::::================

28. Work Experience:

29. Details of Skill Tralniu~ Required by the Applkimt :

a. Name of Sector in which Skill Training required b. Name of MES Course (if known) . ·························································••,•·········· c. MES Course Code (if known) . ···································••;..•······························· d. Whether willing to get Skill Training outside the

District (Yes/No)

30. If the Applicant has already undergone in any Skill Training then its details :-

S.No. Sector Name of Name of Name of Beginning ,End Date Result Certificate the· Course/ the the VTP Date of of (Pass/Fail) Received MES )))istrict Training Training (Yes/No)

Ccur~e

.. --

* VTP means Vocational Tr~ining Pr'l)vider.

* MES means Modular Employable Skills.

Date:

Signature of Applicant

/

/

36

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CHHATTISGARH ACT

(No.12of2015)

CHHATTISGARH RIGHT OF YOUTH TO SKILL DEVELOPMENT

(AMENDMENn ACT,2015

An Act to amend the Chhattisgarh Right of Youth to Skill Development Act, 2013 (No. 17 of2013).

Be it enacted by the Chhattisgarh Legislature in the Sixty-sixth Year of the Republic of India, as follows :-

Short title and I. (I) This Act may be called the Chhattisgarh Right ofYouth to Skill Development commencement. (Amendment) Act, 20 15.

(2) It shall come into force from the date of its publication in the Official Gazette. Amendment of 2. After clause (g) of Section 2 of the Chhattisgarh Right of Youth to SK ill Development Section 2.

Act, 2013 (No. 17of2013), (hereinafter referred to as the Principal Act), the fo llowing shall be inserted, namely:-

"(gg) "Livelihood College Society" means the society registered under the Chhattisgarh Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973), vide registration No. 4808, dated 14th July, 2014, and shall include its successors;"

Amendment of 3. In Section 7 of the Principal Act-

Section 7.

(i) For sub-clause (5) of clause (a), the following shall be substituted, namely :-

"(5) Secretaries to the State Government, by whatever designation called, in-charge of the Departments of Agriculture, Animal Husbandry, Energy, Finance, Forest, Public Health and Family Welfare, Medical

40

Education, Higher Education, Commerce and Industry, Electronics and Information Technology, Labour, Mining, Panchayat and Rural Development, Rural Industries, Scheduled Tribes and Scheduled Castes Development, School Education, Social Welfare, Technical Education, Manpower Planning, Tourism, Urban Administration, and Woman and Chi ld Development, shal l be members (ex-officio);"

(ii) After sub-clause (5) of clause (a), the following shall be inserted, namely:-

"(SA) Chief Executive Officer of the Livelihood College Society shall be a member (ex-officio);"

(iii) For sub-clause ( 1) of clause (b) , the following shall be substituted, namely :-

"(l) Four persons of eminence with background in industry, trade and commerce, skill development and livelihood programmes, among whom:

one shall be a woman, and

one shall be from the State;"

(iv) Sub-clause (2) and (3) of clause (b) shall stand omitted.

(v) For clause (c), the following shall be substituted, namely :-

"(c) Two members of the State Legislative Assembly nominated by the Speaker shall be members (ex-officio)."

4. After clause (c) ofS ection 8 of the Principal Act, the following shall be inserted, namely:- Amendment of

Section 8.

"(cc) ChiefExecutive Officer of the Livelihood College Society shall be a member (ex-officio);"

5. In Section 9 of the Principal Act- Amendment of Section 9.

(i) For clause (3), the following shall be substituted, namely:-

"(3) Assistant Director, Chhattisgarh State Skill Development Authority (district in charge), or the District Skill Development Officer of the District Authority, shall be the Member-Secretary (ex-officio):

Provided that in the event of any vacancy, including a temporary vacancy, in both the said posts, by reason of death, resignation, leave or illness, or otherwise, the District Collector may entrust to any officer of the State Government or of any agency thereof, the functions of the Member-Secretary, till the date on which an officer enters upon either of the said posts;"

(ii) After clause (3), the following shall be inserted, namely:-

"(3A) Principal or Assistant Project Officer of each of the Livelihood Colleges situated in the district shall be a members (ex-officio);"

6. In Section 12 oft he Principal Act- Amendment of Section 12.

(i) In clause (g), after the words and punctuation "purposes of this Act;", the word

"and" shall stand deleted.

41

(ii) After clause (g), the following shall be inserted, namely:-

"(gg) To perform such other functions, not being inconsistent with the purposes of this Act, as ass igned to it by the State Government; and"

Amendme nt of 7. In Section 13 of the Principal Act- Section 13.

(i) In clause (p), after the words and punctuation " in respect of the State Authority;", the word "and" shall stand de leted.

(ii) After clause (p), the following shall be inserted, namely:-

"(pp) To perform such other functions, not being inconsistent with the purposes of this Act, as assigned to it by the State Government; and"

Amendment of 8. In Section 14 of the Principal Act- Section 14.

(i) In clause (n), the word "and" shall stand deleted.

(ii) After c lause (n), the following shall be inserted, namely:-

"(nn) To perform such other functions, not being inconsistent with the purposes of th is Act, as assigned to him by the State Government; and"

42

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grnwria, wftt

CHHATTISGARH ACT

(No. 12 of2015 ) CHH.iITTISGARH RIGITT OF.YOU-TH TO SKILL DEVEITOPMENT (AMENDMENT) ACT}20I5

An Act to amend the Chhattisgarh Right ofYouth to Skill Development Act,2013 (No. 17 of20l3).

Be it enacted by the Chhattisgarh Legislature in the Sixty-sixth Year ofthe Republic of India, as follows :-

Short title and 1. 0) ThisActmaybe calledthe Chhattisgarh Right ofYouth to Skill Development commencement. (Amendment) Act,20l5.

@ [t shall come into force from the date ofits publication in the Official Gazette. Amendment of

2. Afterclause (g) ofSection2 ofthe Chlattisgarh Right Section of

youth to SKill Development

2.

Act,2013 (1.'lo. 17 of20l3), (hereinafter referred to as the Principal Act), the following shall be inserted, namely :-

"(gg) "Livelihood College Society" means the society registered under the Chhattisgarh Society Registrikaran Adhiniyam, 1973 (No.44 of1973), vide regisfation No.4808, dated 14th July,20l4, and shall include its successors;"

Amendment of

3. In Section 7 ofthe Principal Act- Sectioo 7.

(D For sub-clause (5) ofclause (a), the following shall be substituted, namely :-

'(5) Secretaries to the State Government, by whatever designation called, in-charge of the Depaftments of Agriculture, furimal Husbandry Energy, Finance, Forest, Public Health and Family Welfare, Medical

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4s8 (3) Education, Higher Education, Commerce and Industry Electronics and Information Technology, Labouq Mining, Panchayat and Rural Development, Rural Industries, Scheduled Tribes and Scheduled Castes Deyelopment, School Education, Social Welfare, Technical Education, Manpower Planning, Tourism, Urban Administration, and Woman and Child Development, shall be members (ex-officio);"

(iD

After sub-clause (5) ofclause (a), the following shall be inserted, namely :-

"(5A) Chief Executive Officer of the Livelihood College Society shall be amember (ex-officio)f'

(ii, For sub-clause (1) ofclause (b), the following shall be substituted, namely :-

'(1) Four persons of eminence with background in industry trade and commerce, skill development and livelihood programmes, among whom:

one shail be a woman, and

one shall be from the State;"

(iv) Sub-clause (2) and (3) ofclause (b) shall stand omitted.

(v) For clause (c), the following shall be substituted, namely :-

"(c) Two members ofthe State Legislative Assembly nominated by the Speaker shall be members (ex-officio)."

4.

After clause (c) ofSection 8 ofthe PrincipalAct, the following shall be inserled, namely:-

Amendment Section 8.

"(cc) ChielExecutive Officer ofthe Livelihood College Society shall be a member (ex-officio);"

In Section 9 ofthe Principal Act- Amendment

Section 9.

(i) For clause (3), the following shall be substituted, namely:-

"(3) Assistant Director, Chhattisgarh State Skill Development Authority (district in charge), or the District SkilJ Development Officer of the DistrictAuthoriry shall be the Member-Secretary (ex-officio):

Provided that in the event of any vacancy, including a temporary vacancy, in both the said posts, by reason of death, resignation, leave or illness, or otherwise, the District Collector may entrust to any officer of the State Govemment or of any agency thereof, the functions ofthe Member-Secretary, till the date on which an officer enters upon either ofthe said posts;"

(iD After clause (3), the following shalt be insefted, namely:-

'(3A) Principal or Assistant Project Offrcer of each ol the Livelihood

47

Bdvlrq {qqd, frci.6 r: oTfrd zors (iD After clause (g), the following shall be inserted, namely :-

"(gg) To perform such other functions, not being inconsistent with the purposes of this Act, as assigned to it by the State Govemment; and"

Amendmert oI 7. In Section t3 ofthe PrincipalAct- Section^13.

(r) In clause (p), after the words and punctuation '.in respect of the State Authoriry;", the word "and" shall stand deleted.

(it) After clause (p), the following shall be insefied, namely:-

"(pp) To perform such other functions, not being inconsistent with the purposes ofthis Act, as assigned to it by the State Govemment; and"

Amendment of 8. In Sectior 14 ofthe Principal Act- Section 14.

O In clause (n), the word "and" shall stand deleted.

(ii) After clause (n), the following shall be inserted, namely :-

"(nn) To perform such other functions, not being inconsistent with the purposes ofthisAct, as assigned to him by the State Govemment; and"

{qra6, Srsr dqris{ qrcf , r*qqE em mr&q$pndq, rrcg(A{Rddqn r+rffrn - 2015.

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