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Chhattisgarh Right of Youth to Skill Development Act, 2013

(Act No. 17 of 2013)

Last Updated 6th November, 2019 [cg214]

Chapter-I

Preliminary

(a) "Block" means a Community Development Block or a Tribal Development Block, as the case may be, which has been notified by the State Government for the purposes of rural development or tribal development;

(b) "Central Government" means the Government of India;

(c) "Chief Executive Officer" means the Chief Executive Officer of the Chhattisgarh State Skill Development Authority;

(d) "District Authority" means the District Skill Development Authority notified by the State Government for the purposes of this Act;

(e) "District Planning Committee" means the District Planning Committee as defined 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;

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

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

(l) "State Government" means the Government of Chhattisgarh";

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

(n) "Training" means training imparted to youth or 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 not above the age of 45 years on the date of submission of an application for skill development.

Chapter II

Organization and Structure of the State Authority and District Authority

(a) (1) Chief Minister of the State shall be the Chairperson (Ex-Officio);

(2) Ministers in-charge of-

(i) Technical Education & Manpower Planning,

(ii) Labour, and

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

(3) Vice Chairperson of State 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 whatever designation called, in-charge of the departments of Agriculture, Animal Husbandry, Energy, Finance, Forest, Public Health and Family Welfare, Medical 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 Child Development, shall be members (ex-officio).]

[(5A) Chief Executive Officer of the Livelihood College Society shall be a member (ex-officio);]

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

(7) Chief Executive Officer of the State Authority shall be the Member-Secretary.

(b) In addition to the ex-officio members, mentioned in clause (a) of this Section, following shall also be nominated by the State Government as members :

[(1) 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;]

[***]

[***]

(4) Five persons, one of whom shall be a woman, representing educational institutions, engaged in the field of technical, agricultural, medical-vocational and management education;

(5) One person, being differently-abled, representing the interests of youth with disabilities involved in developing skills;

(6) Three Persons representing Vocational Training Providers; and

(7) One person representing recognized organization of youth in the State.

[(c) Two members of the State Legislative Assembly, nominated by the Speaker shall be members (Ex-officio).]

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

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

(b) Secretaries to the State Government (by whatever designation called) incharge of the subjects of Agriculture and Allied Sectors, Finance, Industry, Labour, Rural Development, 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);

[(cc) Chief Executive Officer of the Livelihood College Society shall be a 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 member 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 Government;

(f) One member from among the members under sub-clause (6) of clause (b) of Section 7, to be nominated by the State Government; and

(g) Chief Executive Officer of the State Authority shall be the Member-Secretary.

(1) District Collector shall be the Chairperson (Ex-officio);

(2) Chief Executive Officer Zila Panchayat shall be a member;

[(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):

[(3A) Principal or Assistant project Officer of each of the Livelihood Colleges situated in the district shall be a member (ex-officio);]

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

(5) Three persons, one of whom shall be a differently-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 skill 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 local bodies 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;

(10) The District Lead Bank Manager shall be a member; 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.

Chapter III

Functions and Responsibilities of the Authorities under the Act

(a) It shall, when called upon to do so by the State Government, advise it on the skill development policies and programmes;

(b) At least one month before the beginning of financial 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-economic growth trends, emerging technologies and demand for skilled human resources;

(d) It shall be the duty of the State Authority, to notify by regulations, 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;

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

(g) It shall be the duty of the State Authority, to notify by regulations, the procedure for selection, registration, evaluation, renewal or cancellation of registration of a Third Party Assessor;

(h) It shall be the duty of the State Authority to recommend the State Government, from time to time, one or more certificates or other awards pertaining to skill development, which may be considered to by 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;

(j) Subject to availability of funds at its disposal, the State Authority may take up such other activities not included in the Annual Skill Development Plan, which in its opinion, are necessary for the purposes of this Act:

(k) Subject to the financial Provisions, the State Authority shall have the powers to employ on contract or otherwise, such number of persons to assist the Chief Executive Officer necessary to carry out its functions, 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 time;

(l) The State Authority shall have the powers to deal with any movable property belonging to, or vested in it, in such manner as it may deem fit for advancement of its objects;

(m) The State Authority shall have the powers to receive grants or loans, as the case may be, from the State Government;

(n) The State Authority shall have the powers to receive gifts, donations, bequests, benefactions or transfer of movable or immovable properties from testators, donors or transferors, as the case may be, for purposes not inconsistent with the provisions of this Act;

(o) The State Authority shall have the powers to collaborate with institutions 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 be necessary for carrying out the purposes 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.

(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 approve the five-year perspective plan for skill development in the State;

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

(e) To approve notification of regulations made under Section 11 of this Act, or modifications thereof;

(f) To approve the Annual Report and the Annual Financial Accounts of the State Authority;

(g) To delegate, to such extent, any of its powers to the Executive Committee and to authorize it to take such decisions on its behalf, as may be necessary, for effectively carrying out the purposes of this Act; [***]

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

(h) To exercise such other powers not specified above, as may be necessary to carry out the purposes of this Act, which do no require the prior approval of the State Government.

(a) To review and monitor the implementation of the provisions of this Act and regulations made thereunder;

(b) To approve the five-year perspective plan for skill development in the State for the consideration of the Governing Council;

(c) To approve the Annual Skill Development Plan, submitted by the Chief Executive Officer, and to recommend the same for the consideration 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 approval of the Governing Council, the regulations made under Section 11 of this Act;

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

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

(g) To approve proposals in regard to acceptance of any loans, grants, bequests or any other financial assistance in cash or kind from any government or approved non-government, national or international sources for skill development;

(h) To give such guidelines or issue such directions to the Chief Executive Officer, as it deems necessary, for carrying out the purposes of this Act and regulations thereunder;

(i) To approve proposals, for 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 to certificates or eligibility qualifications as are recognized for the purposes of public employment or access to higher education;

(j) To fix, levy and receive such fees and other charges for service rendered by the State Authority;

(k) To institute and award scholarships, prizes and medals;

(l) To appoint committee(s) for disposal of any business of the State Authority or for advice in any matter pertaining to the State Authority;

(m) To consider and pass such resolution on the annual report, the annual accounts and the financial estimates of the State Authority, as it may deem fit;

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

(o) To approve proposals in respect of making capital investment within the approved financial estimates;

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

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

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

(a) To prepare and submit, for the consideration of the Executive Committee, the 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 implementation 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 collaboration with institutions of national or international repute engaged in skill development;

(f) To dispose off movable properties from time to time;

(g) To manage the administration of the State Authority and the District Authorities and to act as the disciplinary authority in 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 Authority;

(j) To prepare the financial estimates, prior to the commencement of each financial 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;

(l) To ensure the preparation of the Annual Report and the Financial Statement of Accounts of each financial year for the consideration of the Executive Committee;

(m) To represent the State Authority, as its recognized agent for all purposes under this Act including in respect of any proceeding, before any court or quasi-judicial authority;

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

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

(o) Without prejudice to any other provisions of this Act, the Chief Executive Officer shall exercise such other powers and perform such other functions, as may be delegated by the Governing Council or the Executive Committee necessary for carrying out the day to day administration of the State Authority or the District Authority.

(a) To prepare the Annual Skill Development Programme for the district and 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 Training Providers situated in the district and to take such remedial measures 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 required, for skill development activities therein; and

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

Chapter IV

Grievance Redressal Mechanism

Chapter V

Finances

(a) The Central Government;

(b) The State Government;

(c) Loans, as authorized by the State Government;

(d) Gifts, donations, bequests, benefactions or transfers received under the provisions of this Act; and

(e) Any fee collected by the State Authority.

(a) The Central Government;

(b) The State Government;

(c) Loans, as authorized by the State Government;

(d) Gifts, donations, bequests, benefactions or transfer received under the provisions of this Act; and

(e) Transfer from the State Authority.

(a) Maintain proper accounts including the balance sheets and other relevant records, prepare an annual financial statement of accounts which shall be audited by the Examiner of Local Fund Audit of the State or such person(s) authorized by it;

(b) The Examiner of the Local Fund Audit or any person authorized by him in connection with the audit of the accounts of the State Authority or District Authority, as the case may be, shall have the same rights, privileges 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 have the right to demand the production of books, accounts, connected vouchers, other documents and papers and to inspect the offices of the State Authority or the District Authority in each district, as the case may be;

(c) 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 and District Authority in each district may appoint statutory auditor for audit of its accounts without derogating clauses (b) and (c) of this Section.

Chapter VI

Miscellaneous

Schedule

[See Section 4(1)]

Application for Skill Development

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

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)	:	.........................................................................................

* VTP means Vocational Training Provider.

* MES means Modular Employable Skills.