Bill No. 9 of 1986.
(AS INTRODUCED IN THE LEGISLATIVE ASSEMBLY)
A BILL to provide for the establishment and constitution of Himachal Pradesh Takniki Shiksha Board in the State of Himachal Pradesh and for matters connected therewith.
BE it enacted by the Himachal Pradesh Legislative Assembly in the Thirty-seventh Year of the Republic of India as follows 1. Short title, extent and commencement.
In this Act, unless the context otherwise requires,
The Board shall consist of the Chairman, the Vice-Chairman and the following members, namely :-
I. Ex-officio Members:
II. Elected Members:
III. Nominated Members (to be nominated by the State Government):
IV. Co-opted Members:
(2) The members mentioned in sub-clauses(iii) and (iv) of sub-section (1) may, instead of attending any meeting of the Board themselves, depute any officer subordinate to them, not below the rank of the Under Secretary to the Government of Himachal Pradesh and the officers so deputed shall be entitled to take part in the proceedings of the particular meeting for which they are deputed and shall also be entitled to vote at such meeting.
The Board shall have its headquarters at place to be notified by the State Government in the Official Gazette.
No business shall be transacted at a meeting of the Board unless at l east seven members are present.
Subject to the provisions contained in section 7, no act or proceeding of the Board or a committee thereof shall be invalid merely by reason of the existence of a vacancy among its members or by reason of a defect in its constitution or an irregularity in procedure not affecting the merits of the case.
No member shall take part in the discussion of, or exercise his vote on, any matter in which he ahs any personal or pecuniary interest.
The State Government shall appoint a Secretary to the Board to assist the Board in carrying out the purposes of this Act.
Subject to the provision of this Act and the rules and regulations made there under, the functions and duties of the Board shall be :-
(1) The Board shall, subject to the provisions of this Act and the rules made thereunder, have all such powers as may be necessary for the discharge of its functions and the performance of its duties under this Act or regulations made there under.
(2) In particular and without prejudice to the generality of the foregoing powers, the Board shall have the powers:
(i) after giving the candidate a reasonable opportunity of being heard, the cancel an examination, or withhold the result of an examination, of a candidate, or to disallow him from appearing at any future examination who is found by it to be guilty of :-
(ii) to deduct marks at any examination of any candidate found by it to be guilty of any act of indiscipline in the course of examination;
(iii) to cancel the result of an examination of any candidate found by it to guilty of all or any of the Acts mentioned in sub-clauses (a) to (d) of clause (i) or for any bonafide error of the board in the declaration of the result;
Provided that the result of an examination shall not be cancelled on the ground of a bonafide error of the board, after the expiry of the 90 days from the date of announcement of the result of the examination;
(iv) to prescribe fees for the examinations conducted by it and provide for the manner of their realization;
(v) to refuse affiliation of an institution:
(a) which does not fulfil, or is not in a position to fulfil or does not come upto the standards for staff, instruction, equipment, or buildings laid down by the Board in this behalf; or
(b) which does not or is not willing to abide by the conditions of affiliation laid down by the Board in this behalf;
(vi) after giving the institution concerned a reasonable opportunity of being heard, to withdraw affiliation of an institution not able to adhere to or make a provision for standards of staff, instruction equipment or buildings laid down by the Board, or on its failure to observe the conditions of affiliation to the satisfaction of the Board.
(vii) to call for reports from the heads to affiliated institutions in respect of any act done in contravention of the rules or regulations or decisions, instructions or directions of the Board, and take suitable action for the enforcement of the rules or regulations or decisions, instructions or directions of the Board, in such manner as may be prescribed by the regulations;
(viii) to inspect an affiliated institution for the purpose of ensuring due observance of the prescribed courses of study and to ensure that facilities for instructions are duly provided and availed of;
(ix) to fix the maximum number of students that may be admitted to courses of study in an affiliated institution.
(3) The decision of the Board in all matters mentioned in sub-sections (1) and (2) shall be final.
(1) The State Government shall have the right to address the Board with reference to anything conducted or done by the Board and to communicate to the Board its views on any matter with which the Board is concerned.
(2) The Board shall report to the State Government such action, if any, as it proposes to take or has taken upon the communication received under sub-section (1) and shall furnish an explanation if it fails to take action.
(3) If the Board does not, within a reasonable time, take action to the satisfaction of the state Government with reference to the matter on which a communication has been received under sub-section (1) the State Government may, after considering the explanation furnished or representation, if any, made by the Board issue such directions consistent with this Act, as may think fit and the Board shall comply with such directions.
(4) If any emergency which in the opinion of the State Government, requires that immediate action should be action, the State Government may take such action consistent with this Act as it deems necessary, without previous consultation with the Board and shall forthwith inform the Board thereof.
(5) The State Government may, after giving the Board a reasonable opportunity of being heard and by order in writing specifying the reasons therefore, suspend the execution of any resolution or order of the Board and prohibit the doing of any act ordered or purposing to be ordered to be done by the Board if the State Government is of the opinion that such resolution, order or act is an excess of the powers conferred by or under this Act upon the Board.
(1) The Board may, for carrying out purposes of this Act, make regulations consistent with the provisions of this Act, and the rules framed there under and submit the same for approval of the state government. The state government may approve, modify or vary the regulations. The regulations, as approved by the State Government, shall be published in the Official Gazette and shall take effect from the date of publication, and where a date has been specified from that date.
(2) Without prejudice to the generality of the foregoing powers, the regulations may provide for:-
(1) The Board may make bye-laws for giving effect to the provisions of this Act and the rules and the regulations made there under.
(2) Without prejudice to the generality of the foregoing powers, such bye-laws may provide for :-
A Board Fund shall be constituted and all sums received by or on behalf of the Board under this Act or otherwise shall be placed to the credit thereof.
(1) All moneys at credit of the Board Fund, except moneys required for day-to-day expenditure, shall be kept in the current or savings accounts with a Scheduled Bank:
Provided that nothing in this section shall be deemed to preclude the Board from investing such moneys as are not required for immediate expenditure in any of the Government securities or in fixed deposits in a Scheduled Bank.
Explanation: For the purposes of this sub-section “Scheduled Bank” means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934).
(2) Accounts of the Board Fund with a bank may be operated by the Secretary of the Board on by such officers as may be specified by the Board.
Subject to the provision of this Act, the Board Fund shall be applicable:
The accounts of the Board shall be audited annually by such agency as may be specified by the State Government and a copy of the Audited accounts and balance sheet shall be submitted by the Board to the State Government each year by such date as the State Government may specify.
All contracts in writing and assurances in respect of property of the Board shall be signed by the Secretary on behalf of the Board or in such other manner, as may be prescribed, and shall if so signed, be binding on the Board.
>Subject the other provisions of this Act, the following shall be the officers of the Board namely :-
(1) the Chairman;
(2) the Vice-Chairman;
(3) the Secretary of the Board;
(4) such officers as may be declared by the regulations to be the officers of the Board.
(1) The State Government shall nominate/appoint a person to be the Chairman of the Board from amongst eminent educationists or persons having administrative experience on such terms and conditions and for such period as may be prescribed by the Government.
(2) If the Chairman (a) willfully omits or refuses to carry out the provisions of the Act, or (b) abuses the powers vested in him, or (c) if it appears to the Government that the continuance of the Chairman in office is detrimental to the interests of the Board, the Government may, after giving him a reasonable opportunity of being heard, by order remove the Chairman
(3) The Government will have the right to terminate the services of the Chairman at any time, even before the expiry of this term of office.
(1) The Chairman shall be the administrative head of the Board. It shall be the duty of the Chairman to see that this Act and the rules and regulations framed there under are strictly followed and he shall have all necessary powers for this purpose.
(2) The Chairman may, at any time, and shall be prescribed intervals or on receipt of a requisition signed by not less than one-third of the total number of members of the Board and stating that the business to be brought before the Board, call a meeting of the Board in the prescribed manner.
(3) If any emergency, arising out of the administrative business of the Board, which, in the opinion of the Chairman requires that immediate action should be taken, the Chairman shall take such action as he deems necessary and shall there after report that action to the Board at its next morning.
(4) The Chairman shall preside at every meeting of the Board at which he is present.
(5) The Chairman shall exercise such other powers as may be vested in him by the regulations.
The Director of the Technical Education, Himachal Pradesh shall be the ex-officio Vice-Chairman of the Board.
The Vice-Chairman shall assist the Chairman in all matters, administrative and academic, and shall discharge such duties and exercise such powers as may be delegated to him by the Chairman, and shall in the latter’s absence exercise all the powers of the Chairman.
(1) The Secretary shall, subject to control of the Chairman, be the Chief Executive Officer of the Board.
(2) All the meetings of the Board shall be convened through the Secretary in the manner provided by the regulations.
(3) The Secretary shall be responsible for ensuring that all moneys are expended for the purposes for which they are granted or allotted.
(4) The Secretary shall be responsible for keeping the minutes of all meetings of the Board.
(5) The Secretary shall be entitled to be present and to speak at any meeting of the Board but shall not be entitled to vote threat.
(6) The Secretary shall exercise such other powers as may be laid down in the regulations.
All matters relating to the exercise by the Board of powers conferred upon it by this Act which have, by regulations, been delegated by the Board to any committee appointed under section 29 shall stand referred to that committee, and the Board before exercising any such powers, shall receive and consider the report of the committee with respect to the matter in question: Provided that where, in the opinion of the Board, immediate action is necessary with respect to any such matter, it may proceed to deal with it without the report of the committee in respect thereof and pass such orders thereon as it considers necessary.
(1) First regulations shall be made by the State Government and they shall be deemed to have been made by the Board and continue in force until altered or modified by the Board.
(2) The regulations made under sub-section (1) not take effect until these have been published in the official Gazette.
A copy of every Regulation made by the Board under Section 15 and of every modification or revision thereof or of such of the First Regulations of the Board made or deemed to have been made under Section 31 shall be submitted without undue delay to the Government for information.
As from the date specified for the establishment of the Board in the notification under sub-section (1) of the section 3, the following provisions shall have effect, namely :-
(i) notwithstanding anything contained in this Act, all technical educational institutions admitted to the privileges of the State Board of Technical Education Haryana in respect of technical education and situate within Himachal Pradesh shall in respect of such technical education, with effect from the date of commencement of this Act, be deemed to be admitted to the privileges of the Board and the Board shall, as far as possible and consistent with this Act, admit such institutions to all such privileges in respect of technical education as they had from the State Board of Technical Educations Haryana before the said date;
(ii) notwithstanding anything contained in this Act or the rules and regulations made thereunder, the Board shall provide for such period, and in such manner, as may be prescribed, for the instruction, teaching and training of students of institutions situated within Himachal Pradesh and admitted to the privileges of the State Board of Technical Education Haryana who before the date of the commencement of this Act were studying or were eligible for the examination of the said Board in Technical Education and for examination of such students and others in accordance with the courses of studies of the said Board.
Notwithstanding anything contained in this Act with a view to removing any difficulty in giving effect to the provisions of this Act, the State Government may, at any time after the commencement of this Act, regulate by order any matter which is to be regulated by a rule of regulation under this Act.
Provided that when these reports are to be laid in the Budget Session, those shall be laid on the table of the house of the first sitting of the said session:
Provided further that the period intervening between the close of the financial year to which the reports pertain and the laying of the reports shall not exceed nine months.
(1) The State Government may, by notification and after previous publication in the Official Gazette, make rules to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for ;
Every rule, First Regulations or order made by the State Government under sections 36, 31 and 34 and every Regulation or bye-law made by the Board under sections 16 and 32 shall be laid, as soon as may be after it is made, before the State Legislative Assembly, while it is in session, for a total period of ten days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the Legislative Assembly agrees in making any modification in it or agrees that it should not be made, the rule, regulation, bye-law or order shall have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation, bye-law or order as the case may be.