The National Council for Teacher Education Act, 1993
Administered Ministry: Ministry of Education / Department of School Education and Literacy
Section
Section 20 Regional Committees.
(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 sections 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.
(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 sections 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.
Section 21 Power to terminate the Regional Committee.
(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 reconstituted 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 reconstituted Regional Committee.
Section 22 Payment to the Council.
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.
Section 23 Fund of the Council.
(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 fund of the Council.
(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 fund of the Council.
Section 24 Budget 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 receipts and expenditure, and copies thereof shall be forwarded to the Central Government.
Section 25 Annual report.
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.
Section 26 Accounts and audit.
(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.
(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.
Section 27 Delegation of powers and functions.
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.
Section 28 Protection of action taken in good faith.
No prosecution or other legal proceeding 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.
Section 29 Directions by the Central Government.
(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.
(2) The decision of the Central Government as to whether a question is one of policy or not shall be final.
Section 30 Power to supersede the Council.
(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) reconstitute the Council in the manner provided in section 3.
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) reconstitute the Council in the manner provided in section 3.
Section 31 Power to make rules.
(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-sections (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.
(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-sections (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.
Section 32 Power to make regulations.
(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-sections (1) and (2) respectively of section 10;
(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;
1[(dd) the qualifications of teachers under section 12A;]
(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 (6) 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.
(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-sections (1) and (2) respectively of section 10;
(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;
1[(dd) the qualifications of teachers under section 12A;]
(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 (6) 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.
1 Ins. by Act 18 of 2011, s. 7 (w.e.f. 1-6-2012).
Section 33 Rules and regulations to be laid before Parliament.
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.
Section 34 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions 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.
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.