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TABLE OF CONTENTS |
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CHAPTER I |
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CHAPTER II |
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CHAPTER III |
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CHAPTER IV |
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CHAPTER V |
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CHAPTER VI |
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CHAPTER VII |
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NATIONAL
COUNCIL FOR TEACHER EDUCATION
THE GAZETTE OF INDIA
EXTRAORDINARY
PART II-Section 1
PUBLISHED BY AUTHORITY
New Delhi, Thursday,
December 30, 1993/Pausa 9, 1915
Separate paging is given to this Part in order that it may be filed as a
separate compilation
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi, the 30th December, 1993/Pausa 9, 1915 (Saka)
The
following Act of Parliament received the assent of the President on the 29th
December, 1993, and is hereby published for general information:-
THE NATIONAL COUNCIL FOR TEACHER EDUCATION
ACT, 1993
No. 73 OF 1993
[29th December, 1993]
An
Act to provide for the establishment of a National Council for Teacher
Education with a view to achieving planned and co-ordinated development of the
teacher education system throughout the country, the regulation and proper
maintenance of norms and standards in the teacher education system and for
matters connected therewith.
BE it enacted by Parliament in
the Forty-fourth Year of the Republic of India as follows:-
PRELIMINARY
1.
SHORT
TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the National Council for Teacher Education Act, 1993.
(2) It extends to the whole of India except the
State of Jammu and Kashmir.
(3) It shall come into force on such date as the
Central Government may, by notification in the Official Gazette, appoint.
In this
Act, unless the context otherwise requires:-
(a) "appointed day" means the date of establishment of
the National Council for Teacher Education under sub-section (1) of section 3;
(b) "Chairperson" means the Chairperson of the Council
appointed under clause (a) of sub-section (4) of section 3;
(c) "Council" means the National Council for Teacher
Education established under sub-section (1) of section 3;
(d) "examining body" means a University, agency or
authority to which an institution is affiliated for conducting examinations in
teacher education qualifications;
(e) "institution" means an institution which offers
courses or training in teacher education;
(f) "Member" means a Member of the Council and includes
the Chairperson and Vice-Chairperson;
(g) "Member-Secretary" means the Member Secretary of the
Council appointed under clause (c) of sub-section (4) of section 3;
(h) "prescribed" means prescribed by rules made under
section 31;
(i) "recognised institution" means an institution
recognised by the Council under section 14;
(j) "Regional Committee" means a committee established
under section 20;
(k) "regulations" means regulations made under section
32;
(l) "teacher education" means programmes of education,
research or training of persons for equipping them to teach at pre-primary,
primary, secondary and senior secondary stages in schools, and includes
non-formal education, part-time education, adult education and correspondence
education;
(m) "teacher education qualification" means a degree,
diploma or certificate in teacher education awarded by a University or
examining body in accordance with the provisions of this Act;
(n) "University" means a University defined under clause
(f) of section 2 of the University Grants Commission Act, 1956 (3 of 1956), and
includes an institution deemed to be a University under section 3 of that Act;
(o) "Vice-Chairperson" means the Vice-Chairperson of the
Council appointed under clause (b) of sub-section (4) of section 3.
ESTABLISHMENT OF THE COUNCIL
(1) With effect from such date as the Central Government may, by
notification in the Official Gazette, appoint, there shall be established a
Council to be called the National Council for Teacher Education.
(2) The Council shall be a body corporate by the name aforesaid,
having perpetual succession and a common seal with power to contract and shall,
by the said name, sue and be sued.
(3) The head office of the Council shall be at Delhi and the
Council may, with the previous approval of the Central Government, establish
regional offices at other places in India.
(4) The Council shall consist of the following Members, namely:-
(a) a Chairperson to be appointed by the Central Government;
(b) a Vice-Chairperson to be appointed by the Central Government;
(c) a Member-Secretary to be appointed by the Central Government;
(d) the Secretary to the Government of India in the Department
dealing with Education ex-officio;
(e) the Chairman, University Grants Commission established under
section 4 of the University Grants Commission Act, 1956 (3 of 1956) or a member
thereof nominated by him, ex-officio;
(f) the Director, National Council of Educational Research and
Training, ex-officio;
(g) the Director, National Institute of Educational Planning and
Administration, ex-officio;
(h) the Adviser (Education), Planning Commission, ex-officio;
(i) the Chairman, Central Board of Secondary Education, ex-officio;
(j) the Financial Adviser to the Government of India in the
Department dealing with Education, ex-officio;
(k) the Member-Secretary, All-India Council for Technical
Education, ex-officio;
(l) the Chairpersons of all Regional Committees, ex-officio;
(m) thirteen persons possessing experience and knowledge in the
field of education or teaching to be appointed by the Central Government as
under, from amongst the –
|
(i) Deans of
Faculties of Education and Professors of Education in Universities |
- Four; |
|
(ii) experts
in secondary teacher education |
- One; |
|
(iii) experts
in pre-primary and primary teacher education |
- Three; |
|
(iv) experts
in non-formal education and adult education |
- Two; |
|
(v) experts
in the field of natural sciences, social sciences, linguistics, vocational
education, work experience, educational technology and special education, by
rotation, in the manner prescribed |
- Three |
(n) nine Members to be appointed by the Central Government to
represent the States and Union Territory Administrations in the manner
prescribed;
(o) three Members of Parliament of whom one shall be nominated by
the Chairman of the Council of States and two by the Speaker of the House of
the People;
(p) three Members to be appointed by the Central Government from
amongst teachers of primary and secondary education and teachers of recognised
institutions.
(5) It is hereby declared that the office of the Member of the
Council shall not disqualify its holder for being chosen as or for being a
member of either House of Parliament.
(1) The Chairperson, Vice-Chairperson and the Member-Secretary
shall hold office on a full-time basis.
(2) The term of office of the Chairperson, the Vice-Chairperson
and the Member-Secretary shall be four years, or till they complete the age of
sixty years, whichever is earlier.
(3) The conditions of service of the Chairperson, the
Vice-Chairperson and the Member-Secretary shall be such as may be prescribed.
(4) The term of office of Members [other than the Members
specified in clauses (a) to (l) and clauses (n) and (o) of sub-section (4) of
section 3] shall be two years or till fresh appointments are made, whichever is
later, and other conditions of service of such Members shall be such as may be
prescribed.
(5) If a casual vacancy occurs in the office of Chairperson,
whether by reason of death, resignation or inability to discharge the functions
of a Chairperson owing to illness or other incapacity, the Vice-Chairperson
holding office as such for the time being, shall act as the Chairperson and
shall, unless any other person is appointed earlier as Chairperson, hold office
of the Chairperson for the remainder of the term of office of the person in
whose place the said person is to so act.
(6) If a casual vacancy occurs in the office of the
Vice-Chairperson or any other Member, whether by reason of death, resignation
or inability to discharge his functions owing to illness or other incapacity,
such vacancy shall be filled up by making fresh appointment and the person so
appointed shall hold office for the remainder of the term of the office of the
person in whose place such person is so appointed.
(7) The Chairperson shall, in addition to presiding over the
meetings of the Council, exercise and discharge such powers and duties of the
Council as may be delegated to him by the Council and such other powers and
duties as may be prescribed.
(8) The Vice-Chairperson shall perform such functions as may be
assigned to him by the Chairperson from time to time.
A
person shall be disqualified for being appointed as a Member if he -
(a) has been convicted and sentenced to imprisonment
for an offence, which in the opinion of the Central Government, involves moral
turpitude; or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a competent court; or
(d) has been removed or dismissed from the service of the Government or a body
corporate owned or controlled by the Government; or
(e) has in the opinion of the Central Government such financial or other
interest in the Council as is likely to affect prejudicially the discharge by
him of his functions as a member.
The
Central Government shall remove a Member if he -
(a) becomes subject to any of the disqualifications mentioned in
section 5:
Provided that no Member shall be removed on the ground that he has
become subject to the disqualification mentioned in clause (e) of that section,
unless he has been given a reasonable opportunity of being heard in the matter;
or
(b) refuses to act or becomes incapable of acting; or
(c) is, without obtaining leave of absence from the Council,
absent from three consecutive meetings of the Council; or
(d) in the opinion of the Central Government, has so abused his
position as to render his continuance in office detrimental to the public
interest:
Provided that no Member shall be removed under this clause unless
he has been given a reasonable opportunity of being heard in the matter.
(1) The Council shall meet at such time and places, and shall
observe such rules of procedure in regard to the transaction of business at its
meetings (including the quorum at such meetings) as may be provided by
regulations;
Provided
that the Council shall meet at least once every year.
(2)
The Chairperson, and in the absence of the Chairperson, the Vice-Chairperson
shall preside at the meetings of the Council.
(3) If
for any reason the Chairperson and the Vice-Chairperson, both are unable to
attend any meeting of the Council, any other Member chosen by the Members
present at the meeting shall preside at that meeting.
(4) All
questions which come up before any meeting of the Council shall be decided by a
majority of votes of the Members present and voting and in the event of any
equality of votes, the Chairperson, or in the absence of the Chairperson the
person presiding, shall have and exercise a second or casting vote.
No act or
proceeding of the Council shall be invalid merely by reason of -
(a) any vacancy
in, or any defect in the constitution of, the Council; or
(b) any defect in the appointment of a person acting as Member of the Council;
or
(c) any irregularity in the procedure of the Council not affecting the merits of
the case.
(1)
The Council may co-opt, in such manner and for such purposes as may be
determined by regulations not more than three persons, whose assistance or
advice it may desire in carrying out any of the provisions of this Act.
(2)
The person co-opted by the Council under sub-section (1) for any purpose shall
have a right to take part in the discussions relevant to that purpose, but
shall not have a right to vote at a meeting of the Council, and shall not be a
Member for any other purpose.
(1)
For the purpose of enabling the Council to discharge its functions efficiently
under this Act, the Council shall, subject to such regulations as may be made
in this behalf, appoint (whether on deputation or otherwise) such number of
officers and other employees as it may consider necessary:
Provided
that the category of posts equivalent to Group ‘A’ posts in the Central
Government shall be subject to the approval of the Central Government.
(2)
Every officer or other employee appointed by the Council shall be subject to
such conditions of service as may be determined by regulations.
All orders and decisions of the Council shall be authenticated by
the signature of the Chairperson or any other Member authorised by the Council
in this behalf, and all other instruments issued by the Council shall be
authenticated by the signature of the Member-Secretary or any other officer of
the Council authorised in like manner in this behalf by the Chairperson.
FUNCTIONS OF THE COUNCIL
It shall be the duty of the Council to take all such steps as it
may think fit for ensuring planned and co-ordinated development of teacher
education and for the determination and maintenance of standards for teacher
education and for the purposes of performing its functions under this Act, the
Council may -
(a) undertake surveys and studies relating to various aspects of teacher
education and publish the result thereof;
(b) make recommendations to the Central and State Government,
Universities, University Grants Commission and recognised institutions in the
matter of preparation of suitable plans and programmes in the field of teacher
education;
(c)
co-ordinate and monitor teacher education and its development in the country;
(d) lay down guidelines in respect of minimum qualifications for a
person to be employed as a teacher in schools or in recognised institutions;
(e) lay down norms for any specified category of courses or
trainings in teacher education, including the minimum eligibility criteria for
admission thereof, and the method of selection of candidates, duration of the
course, course contents and mode of curriculum;
(f) lay down guidelines for compliance by recognised institutions,
for starting new courses or training, and for providing physical and
instructional facilities, staffing pattern and staff qualification;
(g) lay down standards in respect of examinations leading to
teacher education qualifications, criteria for admission to such examinations
and schemes of courses or training;
(h) lay down guidelines regarding tuition fees and other fees
chargeable by recognised institutions;
(i) promote and conduct innovation and research in various areas
of teacher education and disseminate the results thereof;
(j) examine and review periodically the implementation of the
norms, guidelines and standards laid down by the Council, and to suitably
advise the recognised institution;
(k) evolve suitable performance appraisal system, norms and
mechanism for enforcing accountability on recognised institutions;
(l) formulate schemes for various levels of teacher education and
identify recognised institutions and set up new institutions for teacher
development programmes;
(m) take all necessary steps to prevent commercialisation of
teacher education; and
(n) perform such other functions as may be entrusted to it by the
Central Government.
(1) For the purpose of ascertaining whether the recognised
institutions are functioning in accordance with the provision of this Act, the
Council may cause inspection of any such institution, to be made by such person
as it may direct, and in such manner as may be prescribed.
(2) The Council shall communicate to the institution the date on
which inspection under sub-section (1) is to be made and the institution shall
be entitled to be associated with the inspection in such manner as may be
prescribed.
(3) The Council shall communicate to the said institution, its
views in regard to the results of any such inspection and may, after
ascertaining the opinion of that institution, recommend to that institution the
action to be taken as a result of such inspection.
(4) All communications to the institution under this section shall
be made to the executive authority thereof, and the executive authority of the
institution shall report to the Council the action, if any, which is proposed
to be taken for the purpose of implementing any such recommendation as is
referred to in sub-section (3).
RECOGNITION OF TEACHER EDUCATION
INSTITUTIONS
(1) Every institution offering or intending to offer a course or
training in teacher education on or after the appointed day, may, for grant of
recognition under this Act, make an application to the Regional Committee
concerned in such form and in such manner as may be determined by regulations:
Provided that an institution offering a course or training in
teacher education immediately before the appointed day, shall be entitled to
continue such course or training for a period of six months, if it has made an
application for recognition within the said period and until the disposal of
the application by the Regional Committee.
(2) The fee to be paid along with the application under
sub-section (1) shall be such as may be prescribed.
(3) On receipt of an application by the Regional Committee from
any institution under sub-section (1), and after obtaining from the institution
concerned such other particulars as it may consider neccessary, it shall-
(a) if it is satisfied that such institution has adequate
financial resources, accommodation, library, qualified staff, laboratory and
that it fulfils such other conditions required for proper functioning of the
institution for a course or training in teacher education, as may be determined
by regulations, pass an order granting recognition to such institution, subject
to such conditions as may be determined by regulations; or
(b) if it is of the opinion that such institution does not fulfil
the requirements laid down in sub-clause (a), pass an order refusing
recognition to such institution for reasons to be recorded in writing:
Provided that before passing an order under sub-clause (b), the
Regional Committee shall provide a reasonable opportunity to the concerned
institution for making a written representation.
(4) Every order granting or refusing recognition to an institution
for a course or training in teacher education under sub-section (3) shall be
published in the Official Gazette and communicated in writing for appropriate
action to such institution and to the concerned examining body, the local
authority or the State Government and the Central Government.
(5) Every institution, in respect of which recognition has been
refused shall discontinue the course or training in teacher education from the
end of the academic session next following the date of receipt of the order refusing
recognition passed under clause (b) of sub-section (3).
(6) Every examining body shall, on receipt of the order under
sub-section (4), -
(a) grant affiliation to the institution, where recognition has
been granted; or
(b) cancel the affiliation of the institution, where recognition
has been refused.
(1) Where any recognised institution intends to start any new
course or training in teacher education, it may make an application to seek
permission to the Regional Committee concerned in such form and in such manner
as may be determined by regulations.
(2) The fees to be paid along with the application under
sub-section (1) shall be such as may prescribed.
(3) On receipt of an application from an institution under
sub-section (1), and after obtaining from the recognised institution such other
particulars as may be considered necessary, the Regional Committee shall, -
(a) if it is satisfied that such recognised institution has
adequate financial resources, accommodation, library, qualified staff,
laboratory, and that it fulfils such other conditions required for proper
conduct of the new course or training in teacher education, as may be
determined by regulations, pass an order granting permission, subject to such
conditions as may be determined by regulations; or
(b) if it is of the opinion that such institution does not fulfil
the requirements laid down in sub-clause (a), pass an order refusing permission
to such institution for reasons to be recorded in writing:
Provided that before passing an order refusing permission under
sub-class (b), the Regional Committee shall provide a reasonable opportunity to
the institution concerned for making a written representation.
(4) Every order granting or refusing permission to a recognised
institution for a new course or training in teacher education under sub-section
(3), shall be published in the Official Gazette and communicated in writing for
appropriate action to such recognised institution and to the concerned
examining body, the local authority, the State Government and the Central
Government.
Notwithstanding
anything contained in any other law for the time being in force, no examining
body shall, on or after the appointed day,--
(a) grant affiliation, whether provisional or otherwise, to any
institution; or
(b) hold examination, whether provisional or otherwise, for a
course or training conducted by a recognised institution,
Unless the institution concerned has obtained recognition from the
Regional Committee concerned, under section 14 or permission for a course or
training under section 15.
(1) Where the Regional Committee is, on its own motion or on any
representation received from any person, satisfied that a recognised
institution has contravened any of the provisions of this Act, or the rules,
regulations, orders made or issued thereunder, or any condition subject to
which recognition under sub-section (3) of section 14 or permission under
sub-section (3) of section 15 was granted, it may withdraw recognition of such
recognised institution, for reasons to be recorded in writing:
Provided that no such order against the recognised institution
shall be passed unless a reasonable opportunity of making representation
against the proposed order has been given to such recognised institution:
Provided further that the order withdrawing or refusing recognition
passed by the Regional Committee shall come into force only with effect from
the end of the academic session next following the date of communication of
such order.
(2) A copy of every order passed by the Regional Committee under sub-section
(1), -
(a) shall be communicated to the recognised institution concerned
and a copy thereof shall also be forwarded simultaneously to the University or
the examining body to which such institution was affiliated for cancelling
affiliation; and
(b) shall be published in the Official Gazette for general
information.
(3) Once the recognition of a recognised institution is withdrawn
under sub-section (1), such institution shall discontinue the course or
training in teacher education, and the concerned University or the examining
body shall cancel affiliation of the institution in accordance with the order
passed under sub-section (1), with effect from the end of the academic session
next following the date of communication of the said order.
(4) If an institution offers any course or training in teacher
education after the coming into force of the order withdrawing recognition
under sub-section (1) or where an institution offering a course or training in
teacher education immediately before the appointed day fails or neglects to
obtain recognition or permission under this Act, the qualification in teacher
education obtained pursuant to such course or training or after undertaking a
course or training in such institution, shall not be treated as a valid
qualification for purposes of employment under the Central Government, any
State Government or University, or in any school, college or other educational
body aided by the Central Government or any State Government.
(1) Any person aggrieved by an order made under section 14 or
section 15 or section 17 of the Act may prefer an appeal to the Council within
such period as may be prescribed.
(2) No appeal shall be admitted if it is preferred after the
expiry of the period prescribed therefor:
Provided that an appeal may be admitted after the expiry of the
period prescribed therefor, if the appellant satisfies the Council that he had
sufficient cause for not preferring the appeal within the prescribed period.
(3) Every appeal made under this section shall be made in such
form and shall be accompanied by a copy of the order appealed against and by
such fees as may be prescribed.
(4) The procedure for disposing of an appeal shall be such as may
be prescribed:
Provided that before disallowing an appeal, the appellant shall be
given a reasonable opportunity to represent its case.
(5) The Council may confirm or reverse the order appealed against.
BODIES OF THE COUNCIL
(1) The Council shall constitute a Committee, called Executive
Committee for discharging such functions as may be assigned to it by the
Council or as may be determined by regulations.
(2) The Executive Committee shall consist of the following
members, namely:-
(a) the Chairperson;
(b) the Vice-Chairperson;
(c) the Member-Secretary;
(d) the Secretary to the Government of India in the Department
dealing with Education, ex-officio;
(e) the Secretary, University Grants Commission, ex-officio;
(f) the Director, National Council of Educational Research and
Training, ex-officio;
(g) the Financial Adviser to the Government of India in the
Department dealing with Education, ex-officio;
(h) four experts in teacher education to be nominated by the
Central Government;
(i) four State representatives to be nominated by the Central
Government in such manner as may be prescribed;
(j) the Chairpersons of the Regional Committees.
(3) The Chairperson and the Member-Secretary of the Council shall
respectively function as the Chairperson and the Member-Secretary of the
Executive Committee.
(4) The Chairperson or in his absence, the Vice-Chairperson of the
Council shall preside at the meetings of the Executive Committee and in the
absence of both the Chairperson and the Vice-Chairperson, any other member
chosen by the members present at the meeting shall preside at the meeting.
(5) The quorum necessary for the transaction of business at the
meetings of the Executive Committee shall be as laid down by regulations.
(6) The Executive Committee may co-opt, in such manner and for
such purposes, as may be determined by regulations, not more than two persons
whose assistance and advice, it may desire in carrying out any of the functions
assigned to the Executive Committee:
Provided that the persons co-opted by the Executive Committee for
any purpose shall have a right to take part in the discussions relevant to that
purpose, but shall not have a right to vote at a meeting of the Executive
Committee, and shall not be a member for any other purpose.
(7) The Council may, if it considers necessary, establish such
other committees, for such specific purpose, as it may deem fit.
(1) The Council shall, by notification in the Official Gazette,
establish the following Regional Committees namely:-
(i) the Eastern Regional Committee;
(ii) the Western Regional Committee;
(iii) the Northern Regional Committee; and
(iv) the Southern Regional Committee;
(2) The Council may, if it considers necessary, establish with the
approval of the Central Government, such other Regional Committees as it may
deem fit.
(3) The Regional Committee shall consist of the following members
namely:-
(a) a Member to be nominated by the Council;
(b) one representative from each of the States and the Union territories
of the region, to be nominated by the respective States and the Union
territories;
(c) such number of persons, having special knowledge and
experience in matters relating to teacher education, as may be determined by
regulations.
(4) The Council shall nominate one of the members of the concerned
Regional Committee to function as the chairperson of the said Committee.
(5) The term of office of the members referred to in clause (c)
and the allowances payable to such members shall be such as may be determined
by regulations.
(6) The Regional Committee shall, in addition to its functions
under section 14, 15 and 17, perform such other functions, as may be assigned
to it by the Council or as may be determined by regulations.
(7) The functions of, the procedure to the followed by, the
territorial jurisdiction of, and the manner of filling casual vacancies among
members of a Regional Committee shall be such as may be determined by
regulations.
(1) If the Council is of the opinion that a Regional Committee is
unable to perform, or has persistently made default in the performance of the
duties imposed on it by or under this Act or has exceeded or abused its powers;
or has wilfully or without sufficient cause, failed to comply with any
direction issued by the Council for carrying out the provisions of this Act,
the Council may, by notification in the Official Gazette, terminate forthwith
the Regional Committee.
(2) Upon the publication of a notification under sub-section (1),
-
(a) all members of the Regional Committee shall, notwithstanding
that their term of office had not expired, as from the date of the termination,
vacate their office as such members; and
(b) all the powers and duties which may, by or under the
provisions of this Act be exercised or performed by or on behalf of the
Regional Committee shall, during the period when the term of office of its
members stand terminated, be exercised and performed by such person or persons
as the Council may direct.
(3) The Council may at any time after publication of a
notification under sub-section (2), re-constitute the Regional Committee in the
manner provided in sub-section (3) of section 20:
Provided that it shall be competent for the Council to appoint any
person, who was a member of a Regional Committee which was terminated as a
member of the re-constituted Regional Committee.
FINANCE ACCOUNTS AND AUDIT
The Central Government may, after due appropriation made by
Parliament by law in this behalf, pay to the Council in each financial year
such sums as may be considered necessary for the performance of the functions
of the Council under this Act.
(1) The Council shall have its own fund; and all sums which may,
from time to time, be paid to it by the Central Government or a State
Government and all the receipts of the Council, including any sum which any
other authority or person in India or abroad may pay to the Council, shall be
credited to the fund and all payments by the Council shall be made therefrom.
(2) All moneys belonging to the fund shall be deposited in such
banks or invested in such manner as may be decided by the Council.
(3) The Council may spend such sums as it thinks fit for performing
its functions under this Act, and such sums shall be treated as expenditure
payable out of the funds of the Council.
The Council shall prepare, in such form and at such time each year
as may be prescribed, a budget in respect of the financial year next ensuing,
showing the estimated receipt and expenditure, and copies thereof shall be
forwarded to the Central Government.
The Council shall prepare once every year, in such form and at
such time as may be prescribed, an annual report giving a true and full account
of its activities during the previous year and copies thereof shall be
forwarded to the Central Government and that Government shall cause the same to
be laid before both Houses of Parliament.
(1) The Council shall cause to be maintained such books of account
in such form and in such manner and as the Central Government may, in
consultation with the Comptroller and Auditor-General of India, prescribe.
(2) The Council shall, as soon as may be, after closing its annual
accounts, prepare a statement of accounts in such form and forward the same to
the Comptroller and Auditor-General of India by such date as the Central
Government may, in consultation with the Comptroller and Auditor-General, determine.
(3) The accounts of the Council shall be audited by the
Comptroller and Auditor-General of India at such times and in such manner as he
think fit.
(4) The accounts of the Council as certified by the Comptroller
and Auditor-General of India or any other person appointed by him in this
behalf, together with the audit report thereon shall be forwarded annually to
the Central Government and that Government shall cause the same to be laid
before both Houses of Parliament.
MISCELLANEOUS
The Council may, by general or special order in writing, delegate
to the chairperson or to any other member or to any officer of the Regional
Committee, subject to such conditions and limitations, if any, as may be
specified in the order, such of its powers and functions under this Act (except
the power to make regulations under section 32), as it may deem necessary.
No prosecution or other legal proceedings shall lie against the
Central Government, the Council or any committees appointed by it, or any
Member of the Council or member of such committees, or any officer or employee
of the Central Government or the Council or any other person authorised by that
Government or the Council, for anything which is in good faith done or intended
to be done under this Act or the rules or regulations made thereunder.
(1) The Council shall in the discharge of its functions and duties
under this Act be bound by such directions on questions of policy as the
Central Government may give in writing to it from time to time.
(2) The decision of the Central Government as to whether a
question is one of policy or not shall be final.
(1) If the Central Government is of the opinion that the Council
is unable to perform, or has persistently made default in the performance of
the duties imposed on it by or under this Act or has exceeded or abused its
power, or has wilfully or without sufficient cause failed to comply with any
direction issued by the Central Government under section 29, the Central
Government may, by notification in the Official Gazette, supersede the Council
for such period as may be specified in the notification:
Provided that before issuing a notification under this
sub-section, the Central Government shall give reasonable opportunity to the
Council to show cause why it should not be superseded and shall consider the
explanation and objections, if any, of the Council.
(2) Upon the publication of a notification under sub-section (1)
superseding the Council--
(a) all the Members of the Council shall notwithstanding that
their term of office had not expired, as from the date of supersession, vacate
their offices as such Members.
(b) all the powers and duties which may, by or under the
provisions of this Act be exercised or performed by or on behalf of the Council
shall, during the period of supersession, be exercised and performed by such
person or persons as the Central Government may direct;
(c) all property vested in the Council shall, during the period of
supersession, vest in the Central Government.
(3) On the expiry of the period of supersession specified in the
notification issued under sub-section (1), the Central Government, may -
(a) extend the period of supersession for such further period as
it may consider necessary; or
(b) re-constitute the Council in the manner provided in section 3.
(1) The Central Government may, by notification in the Official
Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing powers, such rules may provide for all or any of the following
matters, namely :-
(a) the manner in which Central Government is to appoint experts
to the Council under sub-clause (v) of clause (m) of sub-section (4) of section
3;
(b) the manner in which the Central Government is to appoint
Members to the Council from amongst the States and the Union territory
Administrations under clause (n) of sub-section (4) of section 3;
(c) the conditions of service of the Chairperson, the
Vice-Chairperson and the Member-Secretary under sub-section (3) and of Members
under sub-section (4) of section 4;
(d) the powers and duties of the Chairperson under sub-section (7)
of section 4;
(e) the manner in which and the persons by whom the inspection of
an institution is to be made and the manner in which the institution is to be
associated in such inspection under sub-section (1) and (2) of section 13;
(f) the fees payable on application for obtaining recognition
under sub-section (2) of section 14 and for obtaining permission under
sub-section (2) of section 15;
(g) the period of limitation for an appeal under sub-section (1)
of section 18, the form in which such appeal is to be made and the fees payable
therefor under sub-section (3) of that section and the procedure for disposal
of an appeal under sub-section (4) of that section;
(h) the manner in which the Central Government is to nominate the
State representatives in the Executive Committee under clause (i) of
sub-section (2) of section 19;
(i) the form in which and the time within which the budget under
section 24 and the annual report under section 25 of the Council is to be
prepared;
(j) the manner and the form in which the accounts of the Council
are to be maintained under sub-section (1) of section 26;
(k) any other matter which has to be, or may be, prescribed.
(1) The Council may, by notification in the Official Gazette, make
regulations not inconsistent with the provisions of this Act and the rules made
thereunder, generally to carry out 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 the following matters, namely :-
(a) the time and the place of the meetings of the Council and the
procedure for conducting business thereat under sub-section (1) of section 7;
(b) the manner in which and the purposes for which persons may be
co-opted by the Council under sub-section (1) of section 9;
(c) the appointment and terms and conditions of service of
officers and other employees of the Council under sub-section (1) and (2)
respectively of section 19;
(d) the norms, guidelines and standards in respect of -
(i) the minimum qualifications for a person to be employed as a
teacher under clause (d) of section 12;
(ii) the specified category of courses or training in teacher
education under clause (e) of section 12;
(iii) starting of new courses or training in recognised
institutions under clause (f) of section 12;
(iv) standards in respect of examinations leading to teacher
education qualifications referred to in clause (g) of section 12;
(v) the tuition fees and other fees chargeable by institutions
under clause (h) of section 12;
(vi) the schemes for various levels of teacher education, and
identification of institutions for offering teacher development programmes
under clause (l) of section 12;
(e) the form and the manner in which an application for
recognition is to be submitted under sub-section (1) of section 14;
(f) conditions required for the proper functioning of the
institution and conditions for granting recognition under clause (a) of
sub-section (3) of section 14;
(g) the form and the manner in which an application for permission
is to be made under sub-section (1) of section 15;
(h) conditions required for the proper conduct of a new course or
training and conditions for granting permission under clause (a) of sub-section
(3) of section 15;
(i) the functions which may be assigned by the Council to the
Executive Committee under sub-section (1) of section 19;
(j) the procedure and the quorum necessary for transaction of
business at the meetings of the Executive Committee under sub-section (5) of
section 19;
(k) the manner in which and the purposes for which the Executive
Committee may co-opt persons under sub-section (f) of section 19;
(l) the number of persons under clause (c) of sub-section (3) of
section 20;
(m) the term of office and allowances payable to members under
sub-section (5) of section 20;
(n) additional functions to be performed by the Regional Committee
under sub-section (6) of section 20;
(o) the functions of the procedure to be followed by the
territorial jurisdiction of, and the manner of filling casual vacancies among
members of a Regional Committee under sub-section (7) of section 20.
(p) any other matter in respect of which provision is to be, or
may be, made by regulations.
Every rule and every regulation made under this Act shall be laid,
as soon as may be after it is made, before each House of Parliament, while it
is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid,
both House agree in making any modification in the rule or regulation, or both
House agree that the rule or regulation should not be made, the rule or
regulation shall thereafter 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 or regulation.
(1) If any difficulty arises in giving effect to the provision of
this Act, the Central Government may, by order, published in the Official
Gazette, make such provisions not inconsistent with the provisions of this Act
as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the
expiry of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as
may be after it is made, before each House of Parliament.
Sd/-
(K. H. Mohanpuria)
Secretary to The Govt. of India