New Delhi : In pursuance of the decision of the Cabinet meeting of Ministry of Skill Development and Entrepreneurship held on 10th October 2018, the National Council for Vocational Education and Training is hereby notified through Gazette Notification No. SD-17/113/2017-E&PW as follows:
(a) The National Council for Vocational Education and Training constituted under paragraph 2 will subsume the existing National Council for Vocational Training and the National Skill Development Agency.
(b) The National Council for Vocational Education and Training shall be entrusted with the development, qualitative improvement and regulation of Vocational Education and Training, for granting recognition to and monitoring the functioning of awarding bodies, assessment agencies, skill information providers, and training bodies and to perform other incidental functions as specified in this Resolution.
Constitution of the Council.—
(1) There shall be constituted, for the purposes of this Resolution, a Council to be called as the National Council for Vocational Education and Training.
(2) The Council shall consist of minimum of six Members and a maximum of ten Members, which are as
follows, namely: —
(a) a Chairperson to be appointed by the Central Government;
(b) two or more persons — Executive Members to be appointed by the Central Government;
(c) two or more persons — Non-Executive Members to be appointed by the Central Government; and
(d) one person to be nominated by the Central Government.
(3) The number of Executive Members shall not exceed half of the strength of the Council.
(4) The Head office of the Council shall be at such place as may be decided by the Central Government.
Qualifications for appointment as a Chairperson and other Members.
— (1) The Chairperson and other members of the Council shall be appointed from amongst persons of ability, integrity and standing, who have special knowledge of, and such professional experience of not less than fifteen years in business management, human resource management, skill development, higher education, public administration or related fields: PROVIDED that a person who is, or has been, in the service of Government shall not be appointed as a
(a) Chairperson, unless such person has held the post of Secretary/ Additional Secretary to the Government of India or any equivalent post in the Central Government or the State Government; or
(b) Executive Member, unless such person has held the post of Additional Secretary to the Government of India or Joint Secretary to the Government of India or any equivalent post in the Central Government or the State Government.
(2) A person shall be disqualified for being appointed or nominated, as the case may be as a Member, if he –
(a) is an executive director or employee of an awarding body, an assessment agency, a vocational training institute, or any other person directly or indirectly regulated by the Council;
(b) is not a fit and proper person;
(c) is a sitting Judge of a Court of law or a sitting member of a statutory Tribunal;
(d) is a Member of Parliament, State legislature, a Local Legislature under Part VIII of the Constitution of India, a Panchayat or a Municipality;
(e) has already served for ten years as a Member of the Council;
(f) has already served as the Chairperson of the Council; or
(g) is sixty-two years of age or more.
Explanation. —For the purpose of this paragraph, “fit and proper person” means a person with, —
(i) financial integrity;
(ii) good reputation and character; and
(iii) absence of any conviction for an offence involving moral turpitude.
Method of appointment. —
(1) The Chairperson and other Members of the Council other than the Member nominated by the Central Government shall be appointed by the Central Government on the recommendation of a Selection Committee, which shall consist of —
(a) Cabinet Secretary — Chairperson;
(b) Secretary, Ministry of Skill Development and Entrepreneurship — Member;
(c) Secretary, Department of Personnel & Training —Member;
(d) Two independent experts — Member.
(2) The independent experts referred to in sub-paragraph (1) shall be appointed by the Central Government from persons of repute in the fields of public administration, vocational education and training, human resource management, economics, or business management.
(3) The Selection Committee shall for the purposes of selecting the Chairperson and Members of the Council, except Nominated Member, recommend at least two to three persons for every vacancy to be considered for appointment by the Central Government.
(4) The Central Government shall appoint the Member s of the Council from such panel recommended by the Selection Committee.
(5) The Selection Committee shall determine its procedure for making its recommendation.
Delegation by the Council.—
(1) The Council shall have the power to make bye-laws delegating the functions of the Council to the Chairperson or any other Member or employee of the Council, subject to any condition that may be provided in the bye-laws.
(2) Unless provided otherwise in the Resolution, the Chairperson is the Chief Executive Officer of the Council having powers of general direction and control in respect of all administrative matters of the Council.
Employees of the Council.—
(1) The Council may appoint such employees, as considered necessary for the efficient discharge of its functions.
(2) The Council shall have the power to make bye-laws on the procedure of selection, terms, compensation and conditions of the appointment and conditions of service of such employees.
Business which the Council may not transact.—
(1) Except in the pursuit of its objectives under this Resolution or under any other law for the time being in force, the Council shall not, —
(a) purchase any capital, including any shares of any bank or of any other person or grant loans against such capital or shares; or
(b) advance money on the mortgage or otherwise against the collateral of immovable property or documents of title relating to such immovable property or become the owner of immovable property.
(2) The provisions of clause (b) of sub-paragraph (1) shall not prevent the Council from acquiring or holding property necessary for its business or residential premises for its use.
FUNCTIONS AND POWERS OF THE COUNCIL
Functions of the Council.—
(1) The Council shall:—
(a) recognize, monitor, discipline and de-recognize awarding bodies;
(b) recognize, monitor, discipline and de-recognize assessment agencies;
(c) recognize, monitor, discipline and de-recognize skill related information providers;
(d) recognize Skills Universities as a separate category of bodies for providing advanced vocational education and training programmes and conducting research and development in skill education and training;
(e) create and monitor, a system of redressing grievances against recognized bodies;
(f) frame guidelines for the approval of qualification packages, and approve qualification packages in the manner set out in such guidelines;frame guidelines for the conditions of recognition and functioning of awarding bodies, including their roles and responsibilities with respect to training bodies, consumer of such services, and assessment agencies and consequences for violations of such conditions;
(h) frame guidelines for training and certification of trainers by awarding bodies;
(i) frame guidelines for the conditions of recognition and functioning of assessment agencies, including their roles and responsibilities with respect to training bodies, consumer of such services, and awarding bodies and consequences for violations of such conditions;
(j) frame guidelines for the conditions of recognition and functioning of skill related information providers, including their roles and responsibilities with respect to consumer of such services and consequences for violations of such conditions;
(k) frame broad guidelines, in consultation with the Central Government, to lay down basic minimum standards or norms for recognition as Skills University;
(l) frame guidelines, if required, for the manner in which fees and charges that recognized bodies may impose on consumer of such services should be determined, and the adequate disclosure of fees and charges levied by recognized bodies;
(m) enter into agreements with awarding bodies, assessment agencies and skill related information providers in order to enforce the conditions of recognition and ensure their functioning in compliance with guidelines framed by the Council;
(n) disseminate information regarding awarding bodies, assessment agencies, training bodies and their activities pursuant to the agreement granting recognition;
(o) frame guidelines regarding the protection of personal information of trainees by recognized bodies and the proper means of disclosure as per the agreements granting recognition;
(p) frame guidelines and bye-laws for the protection of commercially sensitive information of recognized bodies;
(q) allow recognized awarding bodies, assessment agencies and training bodies to use the Council’s logo and name in the manner to be set out in guidelines framed by the Council;
(r) disseminate information regarding the role and activities of the Council and the use of its name and logo;
(s) seek necessary information from recognized bodies, and have regular audits and inspections of their activities conducted to ensure their compliance with conditions of recognition and general functioning imposed by the Council; and
(t) take all such steps as may be necessary or convenient for, or may be incidental to exercise of any power or the discharge of any function conferred or imposed on it by this Resolution.
(2) The Council may, in agreements to be entered with awarding bodies, create rights and obligations for training bodies as a condition of recognition of awarding bodies.
(3) The Council may, while giving recognition to any Skills University, allow it to carry out the same functions as a recognized awarding body, a training body, and a recognized assessment agency, subject to the provisions of this Resolution.
Powers to regulate conflicts of interest.—
(1) The Council may frame guidelines regarding conflicts of interest including, —
(a) conflicts that to be avoided, and the manner in which recognized bodies shall avoid such conflicts;
(b) conflicts that to be resolved, and the manner in which recognized bodies shall resolve such conflicts;
and
(c) obligations of recognized bodies to report conflicts of interest to the Council along with information regarding how such conflicts were avoided or resolved.
(2) The Council may frame guidelines to prevent or resolve conflicts of interest that may arise or exist due to any activity of a recognized assessment agency or recognized awarding body as a training body.
Power to grant dual recognition for awarding and assessment functions.—
(1) No awarding body shall be recognized for conducting assessments, and no assessment body shall be recognized as an awarding body with respect to short-term training unless the requirements stated in sub-paragraph (2) are fulfilled.
(2) The guidelines for dual recognition for short-term training under this paragraph shall require,—
(a) additional requirements for recognition considering the potential risks arising from such persons carrying out the functions of two recognized bodies;
(b) separation of personnel, systems, and managerial control of the functions of awarding certifications for qualifications, and assessment of qualifications or skills;
(c) such financial requirement as a condition of recognition, as it thinks fit; and
(d) established track record of integrity and exceptional market reputation.
(3) Any recognition granted under sub-paragraph (1) shall be valid for a maximum period of three years, after which such body shall demonstrate its eligibility by submitting a fresh application.
(4) For long-term training, the Council may grant recognition to the same body for carrying out the functions of two recognized bodies, namely: —
(a) awarding certification for qualifications or skills; and
(b) assessment of qualifications or skills.
(5) The guidelines for dual recognition for long-term training under this paragraph shall require,—
(a) additional requirements for recognition considering the potential risks arising from such persons carrying out the functions of two recognized bodies; and
(b) established track record of integrity and exceptional market reputation.
Explanation. –
For removal of doubts, “long-term skilling” means
any vocational training programme
undertaken for a year and above.
Powers of the Council to frame guidelines.—
(1) The Council shall have the power to frame guidelines in order to discharge the functions assigned to it under paragraph 16.
(2) The Council shall not frame guidelines that are retrospective in nature.
(3) The Council shall ensure before framing a guideline, —
(a) a draft of the guideline has been prepared;
(b) the draft of the guideline has been made available in public domain, and a minimum period of twenty-one days has been given for public for their comments, along with an explanatory statement of what the guideline intends to do, the precise mechanisms by which the guideline will achieve the stated objective, and the costs and benefits of the requirements proposed in the draft guidelines;
(c) a generalized response, to the comments received on the draft guidelines during the period of twenty-one days, and after the expiry of the said period, has been prepared; and
(d) comments received with regard to the draft guidelines, the responses, if any, of the staff of the Council, and any changes proposed to the draft guidelines have been considered.
(4) The Council may approve the draft guidelines after due consideration with changes, or without any changes, or disapprove the guidelines completely.
(5) The Council shall notify all guidelines approved by it.
(6) The Council shall frame guidelines on the fees to be charged by it for recognition of awarding bodies, assessment agencies and skill related information providers after holding consultations with the Central Government, in addition to the process stated in sub-paragraph (3).
Power of the Council to enter into agreements with recognized bodies.—
(1) The Council may recognize awarding bodies, assessment agencies and skill related information providers by entering into agreements with them in the manner to be set out in the guidelines framed by it.
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