ifflW;ml of un
(a) fees, royalties and charges, including penalties, levied and collected by the institution;
. (b) grants, assignments, contributions and loans, if any, made to it by the Government;
(c) bequests, donations and endowments or other contributions, if any;
(dy interest and sale proceeds of any securities vested in it;
(e) ali rents and profits from the property vested in it:
(f) other moneys received by or on behalf of the Board.
(2) TheBoard may keep money in current account or deposit itin an account in any scheduled bank as defined in the Reserve Bank of India Act, 1934 (2 of 1934). The sum as may be specified and any money in excess of the said sum shall be invested in such manner as may be approved by the Government.
(3) Such accounts shali be cperated upon by such officers of the Board as may be prescribed.
32. Subject to the provisions of this Act, the fund of the Board shali be General applied only for the payment of charges and expenses incidental © the matters ;PPL‘“ ‘“’" of specified in this Act.
und.
33. No payment shall be made by a bank out of the Board's fund exc ept How fund shall upon a cheque or letter of credit signed by an officer authorized by the Board in be drawn against.
this behalf.
Allotments of regional offices.
Preparation of annual budget estimates.
Annual accounts and audit.
Inspection and inquiry 126 HARYANA GOVT. GAZ. (EXTRA), MAY 6, 2008 (VYSK. 16, 1930 SAKA)
34. The Board shall pay, from time to time, to each regional office such sums as the Board may determine, for enabling the regional offices to discharge the duties and functions imposed on them by the Board for completion of works or development schemes.
35. (1) The Board shall prepare, before such date and in such manner as may be prescribed, the budget estimates of the income and expenditure for the * next financial year.
(2) The Board shall, on or after the date referred to in sub-section (1), consider the estimates, budget estimates prepared by it and submit them t o the Government for sanction. The Government may pass such orders with referen ce to the budget estimates as it thinks fit, and communicate the samc to the Board. The Board shall give effect to such orders.
36. (1) The Board shall keep accounts in such form and in such manner as may be prescribed.
(2) The accounts of the Board shall be audited by Auditor appointed by the Board with the previous approval of the Governing Council.
(3) The Government may if it thinks necessary, appoint a Special Auditor to audit the accounts of the Board.
() The Auditor or the Special Auditor, as the case may be, shall submit his report to the Board and shall forward a copy thereof to the Governing Council.
(5) The cost of the audit under sub-section (2} or sub-section (3), if any, shall be borne by the Board.
37. (1) The Government shall have the right to cause an inspection to be made, by such person or persons as it may direct. of the Board, of the buildings, hostels, laboratories, librarics and equipments of any diploma level institutions affiliated and accredited to the Board, of the teaching or other work conducted by any such polytechnic or institution and of the conduct of any examination held on behalf of the Board and to cause an inquiry to be made in like manner in respect of any matter connected with the Beard:
Provided that the Government shall, in every case, give due notice to the Board of its intention to cause an inspection or inquiry to be made and the Board shall be entitled to appoint a representative, who shall have the right t o be present and be heard at such inspection or inquiry.
(2) The Government shall communicate to the Board its views with reference to the results of the inspection or inquiry and may. after ascertain ing the opinion of the Board thereon, advise it on the action to be tak en, and fix a time limit for taking such action.
(3) The Board shall report to the Government such action, if any, it has taken or proposes to take upon the results of the inspection or inquiry. Such HARYANA GOVT. GAZ. (EXTRA.), MAY 6, 2008 127 (VYSK. 16, 1930 SAKA) ' report shall be submitted, with the opinion of the Board, within such time as the Government may direct.
(4) Where the Board does not within the time fixed, take action to the satisfaction of the Government, the Government may, after considering any explanation furnished or representation made by the Board, issue such directions as it may think fit, and the Board shall comply with such directions.
38. (1) The Board shall furnish to the Government such reports, returns and statements as may be required by the Government and such further information relating to any matter connected with its work as the Government may call for.
(2) The Government may, after considering any such report, returns or statements or information furnished, give such directions consistent with this Act as may be necessary, and the Board shall comply with such directions.
CHAPTER V SUPPLEMENTARY AND MISCELLANEOUS PROVISIONS
39. All matters relating to the exercise of powers by the Board conferred upon it by the Act, which have by regulation been delegated by the Board 10 a Committee shall stand referred to that Committee and the Board before exercising such powers shall receive and consider the report of that Committee with respect to the matter in question.
40. (1) The Board may make regulations with the approval of Governing Council for the purpose of carrying into effect the provisions of this Act.
(2) In particular and, without prejudice to the generality of the foregoing power, such regulations may provide for all or any of following matters, namely:—
(a) the constitution, powers and duties of the Committees constituted under section 21 ;
(b) the subjects and curricula for the examinations;
(c) the general conditions governing admission of regular and external candidates for the examinations and particular conditions regarding eligibility, attendance, term and character, on the fulfillment of which a candidate shail have a right to be admitted to and to appear at any such examination;
(d) the marks required for passing in any subject and the examination as a whole and for exemption, credit and distinction in any subject;
5 (e) the fees for admission to the examinations and other fees and charges payable in respect of other matters connected with these examinations;
Information, returns, etc. o be furnished by Board.
Manner of exercise of power delegated to committee.
Power to make regulations.
128 HARYANA GOVT. GAZ. (EXTRA.), MAY 6, 2008 (VYSK. 16, 1930 SAKA)
(f) the arrangements for the conduct of examinations and publication of results;
(g) the appointment of examiners, their powers and duties in relation to the examination and their remuneration and mode of payment;
(h) the qualifications and disqualifications of examiners;
(i) the award of certificates;
(j) the appointment of officers and employees of the Board and the conditions of their service;
(k) the constitution of provident fund for the benefit of the officers and servants of the Board;
(I) the control, administration, safe custody and management of the finances of the Board ;
the date before which and the manner in which the Board shall prepare its budget estimates;
(m) <
(n) the compensatory allowance which may be drawn by the members of the Board and the Committees;
3 (0) appointment of officers and employees from Government and from aided and unaided institutions or polytechnics for smooth conduct of examination;
(p) conditions and provisions for grant/withdrawal of provisional/permanent affiliation/accreditation and recognition;
conditions and procedure for grant/withdrawal of academic autonomy, conferment of autonomous status, equivalence and eligibility of various courses;
(G} () conditions/ procedure for closure of institution;
(sy criteria/procedure for inspection of institutions inciuding submission of report;
() any other matter which is to be or may be prescribed.
(3) No regulations made under this section shall have effect until the same have been approved by Governing Council.
First regulations. 41. Notwithstanding anything contained in section 40, the first regulations shali be made by the Government and shali continue to be in force until new regulations are duly made by the Board.
Power of Board 42. The Board may make bye-iaws consistent with this Actto provide for to make bye-laws HARYANA GOVT. GAZ. (EXTRA.), MAY 6, 2008 129 (VYSK. 16, 1930 SAKA) all or any of the following matters, namely :—
(a) the procedure to be followed at the meetings of the Boar d and the Committees and the number of members require d to form a quorum at such meetings ;
(b) any other matter solely concerning the Board and Committ ees, not provided for by this Act and the regulations made thereun der.
43. If any question arises regarding the interpretation of any provision of Interpretation in this Act or of any regulations or bye-laws made thereunder, the mat ter may be case of doubt.
referred for decision to the Government, if not less than three mem bers of the Board so require. The decision of the Governmeut shall be final.
44. Al affiliated and autonomous diploma level instituti ons shall render Assistance from such help and assistance to the Board as the Board may require to perform and polytechnic and discharge its duties and functions under this Act.
Raone0s:
45. No suit, prosecution, or other legal proceedings sh all lie against the Protection of Governing Council, the Board or the members of any officer or serva nt of the action taken in Governing Council or of the Board for anything which is in g ood faith done or §o0d faithpurported or intended to be done in pursuance of the provisions of this Act or any regulations or bye-laws made thereunder.
46. All members, officers and employees of the Board shall, when a cting Members. officers or purporting to act in pursuance of any of the provisions of this Act, be deemed and employees of . e s . " i Board 10 be to be public servants within the meaning of section 21 of the Indian Penal public servant.
Code, 1860 (Act 45 of 1860).
47. (1) Every Committee of the existing Board shall, as soon as Savi ngs.
practicable, but within a period of six months from the date of comm encement of this Act, be reconstituted in accordance with the provisions of this Ac t.
(2) All institutions affiliated to the existing Board immediatel y before the appointed day shall be deemed to be affiliated to the B oard under this Act till their affiliation is withdrawn or reconsidered under the prov isions of this Act.
(3) All the educational institutions which were entitled to a ny privileges of the existing Board shall be deemed to be entitled to similar privileges under the Board established under this Act.
(4) Al benefactions accepted or received by the existing Board a nd held by it immediately before the appointed day, shall be deemed to have been accepted, received or held by the Board under this Act and the conditions on which such benefactions were accepted, received or held sh all be deemed to be valid under this Act, notwithstanding that such conditi ons may be inconsistent with any of the provisions of this Act.
(S !
I Powers to remove difficulties.
130 HARYANA GOVT. GAZ. (EXTRA.), MAY 6, 2008 (VYSK. 16, 1930 SAKA)
(5) All debts, liabilities and obligations incurred before the appointed day and lawfully subsisting against the existing Board shall be discharged and satisfied by the Board.
(6) Any will, deed or other document made before the appointed day, which contains any bequest, gift, term or trust in favour of existing Board shall, on and from the commencement of this Act, be construed as if the Board is named therein instead of the existing Board.
(7) All references to the existing Board in any enactment or other instruments issued under any enactment, shall be construed as references to the Board established under this Act.
(8) The appointment of examiners validly made under the orders and subsisting immediately before the appointed day shall be deemed to have been made under and for the purposes of this Act for the Board, and such examiners shall continue 15 hold office and discharge their duties and functions until fresh appointments are made under this Act.
(9) All notices and orders made or issued by any authority and orders, circulars of the existing Board shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force and be deemed to have been made or issued under this Act.
48. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make provisions, not inconsistent with the provisions of this Act, as appears to it to be necessay or expedient for removing the difficulty.
(2) Every order made under this section shali, as soon as may be after it is made, be laid before the House of the State Legislature.
M.S. SULLAR, Secretary to Government Haryana, Legislative Department.