Maharashtra State Board of Technical Education Act, 1997
[Act No. 38 of1997]1
[6th August 1997]
(Amended by Mah.1 of2003 (27-11-2002)†
Preamble
An Act to provide for establishment of a State Board to regulate matters pertaining to Diploma Level Technical Education in the State of Maharashtra.
WHEREAS it is expedient to provide for establishment of a State Board to regulate matters pertaining to Diploma Level Technical Education in the' State of Maharashtra and for other matters connected therewith hereinafter appearing; It is hereby enacted in the Forty-eighth Year of the Republic of India as follows:-
Footnotes:
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For Statement of Objects and Reasons, See Maharashtra Government Gazette, Extraordinary. Part V. Page 478.
+ This indicates the date of commencement of Act.
Chapter: I - Preliminary
Section 1 - Short title extent and commencement
(1) This Act may be called the Maharashtra State Board of Technical Education Act,1997.
(2) It extends to the whole of the State of Maharashtra.
(3)' This section shall come into force at once; and the remaining provisions of this Act shall come into force on such date1 as the Government may, by notification in the Official Gazette, appoint.
Footnote:
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1st day of April 1999, vide G.N., H and T. E. D., No. EXM. 2596/2148/(3-96)/TE-2, dated the 30th March 1999.
Section 2 - Definitions
In this Act, unless the context otherwise requires-
(a) "appointed day" means the date oh which the remaining provisions other than section1 of this Act come into force under sub-section (3) of section1;
(b) "Board" means the Maharashtra State Board of Technical Education established under section3;
(c) bye-laws" means bye-laws made by the Board under section48;
(d) "Diploma Level Technical Education "means such Technical Engineering education which follows the Secondary, Higher Secondary, Engineering, or Technology Diploma Education, as the case may be, to attain Diploma or Post-Diploma or Post-Graduate diploma or Advanced Diploma Level Engineering or Technology or Management or any other education specified by the Board;
1[d-a] "Director" means Director of the Maharashtra State Board of Technical Education appointed under section6(1);)
(e) "Examination" means one or more examinations conducted by the Board;
(f) "Government" means the Government of Maharashtra;
2[(f-a) "Governing Council" means the Governing Council of the Maharashtra State Board of Technical Education established under section7A;]
(g) "Head of Institute" or "Principal" means the Head of the teaching staff of a Polytechnic or Diploma Level Institution recongnised by the Board, by whatever name designated;
(h) "Polytechnic or Institution" means an institution imparting Diploma or Post-Diploma or Post-Graduate-Diploma or Advanced Diploma in Engineering or Technology or Management Education recognized by the Board under this Act;
(i) "prescribed" means the prescribed by regulations made under this Act;
(j) "region" means the area comprised in each of the three regions as specified in the Scheduled to this Act;
(k) "regulations" means the regulations made by the Government under section47 and by the Board under section46;
(l) "teacher" means a member of the teaching staff (other than Principal or the Head of Institute of a Diploma Level Institution) recognised by the Board.
Footnotes:
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This clause was inserted by Mah. 1 of 2003, s. 2 (a).
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This clause was inserted, by Mah. 1 of 2003, s. 2 (b).
Chapter: II - Establishment and Constitution of the Governing Council and Board
Section 3 - Establishment of Board
1[The Government shall, by notification in the Official Gazette, establish for the purposes of this Act a Board to be called the Maharashtra State Board of Technical Education.]
Footnote:
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These words were substituted for the word "Board" ibid, s. 3.
Section 4 - Incorporation of Board
The Board established under section3 shall be a body corporate having perpetual succession and a common seal, and shall have power to contract, to acquire hold and dispose of property, both movable and immovable, and to do all things necessary for the purpose of this Act and may sue and be sued by its corporate name.
Section 5 - Constitution of Board
1[(1) The Board shall consist of,--
(a) the Director, Technical Education, Maharashtra State as the Chairman:
(b) the Director, Maharashtra State Board of Technical Education as the Member-Secretary; and
(c) the following members, namely:--
Class A - Ex-officio Members
(i) The Chairman of the Maharashtra State Board of Secondary and Higher Secondary Education or his nominee not below the rank of the Chairman of the Divisional Board;
(ii) The Director of Industries, Maharashtra State or his nominee not below the rank of Joint Director;
(iii) One representative of the State Nodal Centre for National Technical Manpower Information System;
(iv) The Regional Officer (Western Region) of All India Council of Technical Education, New Delhi;
(v) The Director, Board of Apprenticeship Training (Western Region), Government of India, Ministry of Human Resources Development;
(vi) The Joint Secretary to Government, Higher and Technical Education Department or his nominee not below the rank of Deputy Secretary.
Class B- Nominated Members
(i) One senior most Principal from Government Engineering Colleges in the State, to be nominated by the Goverment.
(ii) Two members to be nominated by the Government from amongst the Principals and Heads of Institutes, one each from Government or aided and un-aided Polytechnics, of whom at least one shall be a woman.
(iii) Two members to be nominated by the Government from amongst the teachers, one each from Government' or aided and un-aided Polytechnics, of whom at least one shall be from Backward Class Community.
(iv) Three members to be nominated by the Government from the professional bodies, one from each revenue region by rotation.
(v) Six members to be nominated by the Government from amongst the associations of Industries, who are enterpreneurs of Small Scale Industries, Information Technology, Biotechnology, Gems and Jewellery, Pharmacy and Hotel Management, at least two of whom shall be from out of the Mumbai and Pune regions:
Provided that, a person shall cease to hold office as a member of the Board, as soon as he ceases to hold the post, designation or office, as the case may be, by virtue of which he is so appointed and such person shall inform the Chairman in writing of his having so ceased to be the member of the Board, within a week therefrom.
(2)The names of the person other than the ex officio members, who have been nominated, from time to time, as members of the Board, shall be published by the Government in the Official Gazette.
(3) On the publication of the Maharashtra State Board of Technical Education (Amendment) Act, 2002, the existing members of the Board shall be deemed to have vacated their offices on the said date.]
Footnote:
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This section was substituted, by Mah. 1 of 2003, s. 4.
Section 6 - Appointment and term of office and condition of the service of Director
1[(1) The Board shall have a Director who shall be appointed by the Government from amongst the Joint Directors of Technical Education of the Government having minimum experience of not less than two years in the post of Joint Director or the post equivalent thereto.
(2) The Director shall hold office for a term of five years from the date of the publication of his name in the Official Gazette.
(3) Nothing in sub-section (2) shall affect the power of Government to transfer, in the exigencies of public service, the Director to any other post under Government during such term; and if the Director, is superannuated in the service of the Government he shall cease to be the Director, unless his services are extended or he is re-employed in the service of the Government and he is not transferred to some other post.
(4) The Government may, from time to time, extend the term of office of the Director of the Board, so, however, that the aggregate period of the term shall not exceed ten years.
(5) The Director shall be an employers of the Government, equivalent to the status of the Joint Director of Technical Education of the Government and other conditions of service of the Director shall be such as may be determined by the Government.
(6) Where a temporary vacancy of the Director occurs by reason of leave, illness or other cause, the Government may appoint another person to be the Director].
Footnote:
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This section was substituted by Mah. 1 of 2003, s. 5.
Section 7 - Term of office of and allowances to members of Board
(1) The member of the Board, other than the ex officio member, shall hold office for a term of 1[ five years] from the date on which their names are published in the Official Gazette.
(2) The term of office of outgoing member shall extend to, an expire with, the day immediately preceding the date on which the names of their successors are published in the Official Gazette.
(3) The members shall be entitled to such compensatory allowances as may be determined by regulations.
Footnote:
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These word were substituted for the words "four years", by Mah. 1 Of 2003 s. 6.
Section 7A - Establishment of Governing Council
1[(1) The Government shall, by notification in the Official Gazette establish the Governing Council which shall be an apex body to control and monitor the matters pertaining to Diploma level technical education and examination at State level.
(2) The Governing Council shall consist of the following, namely:-
...(i) The Minister of Higher and Technical.. Education, Maharashtra State .. President; (ii) The Minister of State for Higher and Technical Education. .. Vice-President; (iii) The Secretary, Higher and Technical.. Education Department or his nominee, not below the rank of Deputy Secretary. .. Member;. (iv) Three Industrialists nominated by the Government. .. Members; (v) The Director of Technical Education,.. Mah
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