THE NATIONAL COUNCIL FOR TEACHER EDUCATION ACT, 1993

(No. 73 of 1993)

NATIONAL COUNCIL FOR TEACHER EDUCATION

NEW DELHI

THE GAZETTE OF INDIA

EXTRAORDINARY

PART II-Section 1

PUBLISHED BY AUTHORITY


No. 124] New Delhi, Thursday, December 30, 1993/Pausa 9, 1915


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:-

 

Bill No. 139 C of 1992

NATIONAL COUNCIL FOR TEACHER EDUCATION

ACT, 1993

Assented to on 29th December, 1993

(ACT No. 73 OF 1993)

ARRANGEMENT OF SECTIONS

CHAPTER I

PRELIMINARY

Sections

  1. Short title, extent and commencement.
  2. Definitions.
  3. CHAPTER II

    ESTABLISHMENT OF THE COUNCIL

  4. Establishment of the Council.
  5. Term of office and conditions of service of Members.
  6. Disqualification for office of Member.
  7. Vacation of office of Member.
  8. Meetings of the Council.
  9. Vacancies, etc., not to invalidate proceedings of the Council.
  10. Power to co-opt.
  11. Appointment of officers and other employees of the Council.
  12. Authentication of the orders and other instruments of the Council.
  13. CHAPTER III

    FUNCTIONS OF THE COUNCIL

  14. Functions of the Council.
  15. Inspection.
  16. CHAPTER IV

    RECOGNITION OF TEACHER EDUCATION INSTITUTIONS

  17. Recognition of institutions offering course or training in teacher education.
  18. Permission for a new course or training by a recognised institution.
  19. Affiliating body to grant affiliation after recognition or permission by the Council.
  20. Contravention of provisions of the Act and consequences thereof.
  21. Appeals.
  22. CHAPTER V

    BODIES OF THE COUNCIL

  23. Executive Committee.
  24. Regional Committees.
  25. Power to terminate the Regional Committee.
  26. CHAPTER VI

    FINANCE, ACCOUNTS AND AUDIT

  27. Payment to the Council.
  28. Fund of the Council.
  29. Budget of the Council.
  30. Annual report.
  31. Accounts and audit.
  32. CHAPTER VII

    MISCELLANEOUS

  33. Delegation of powers and functions.
  34. Protection of action taken in good faith.
  35. Directions by the Central Government.
  36. Power to supersede the Council.
  37. Power to make rules.
  38. Power to make regulations.
  39. Rules and regulations to be laid before Parliament.
  40. Power to remove difficulties.

CHAPTER I

PRELIMINARY

  1. SHORT TITLE, EXTENT AND COMMENCEMENT
  2. (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.

  3. DEFINITIONS
  4. In this Act, unless the context otherwise requires:-

    CHAPTER II

    ESTABLISHMENT OF THE COUNCIL

  5. ESTABLISHMENT OF THE COUNCIL
  6. TERM OF OFFICE AND CONDITIONS OF SERVICE OF MEMBERS
  7. DISQUALIFICATION FOR OFFICE OF MEMBER
  8. A person shall be disqualified for being appointed as a Member if he -

  9. VACATION OF OFFICE OF MEMBER
  10. The Central Government shall remove a Member if he -
  11. MEETINGS OF THE COUNCIL
  12. VACANCIES, ETC., NOT TO INVALIDATE PROCEEDINGS OF THE COUNCIL
  13. No act or proceeding of the Council shall be invalid merely by reason of -

  14. POWER TO CO-OPT
  15. APPOINTMENT OF OFFICERS AND OTHER EMPLOYEES OF THE COUNCIL
  16. AUTHENTICATION OF THE ORDERS AND OTHER INSTRUMENTS OF THE COUNCIL
  17. 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.

    CHAPTER III

    FUNCTIONS OF THE COUNCIL

  18. FUNCTIONS OF THE COUNCIL
  19. 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 -

  20. INSPECTION
  21.  

    CHAPTER IV

    RECOGNITION OF TEACHER EDUCATION INSTITUTIONS

  22. RECOGNITION OF INSTITUTIONS OFFERING COURSE OR TRAINING IN TEACHER EDUCATION
  23. PERMISSION FOR A NEW COURSE OR TRAINING BY A RECOGNISED INSTITUTION
  24. AFFILIATING BODY TO GRANT AFFILIATION AFTER RECOGNITION OR PERMISSION BY THE COUNCIL
  25. Notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day,--

  26. CONTRAVENTION OF PROVISIONS OF THE ACT AND CONSEQUENCES THEREOF
  27. APPEALS
  28. CHAPTER V

    BODIES OF THE COUNCIL

  29. EXECUTIVE COMMITTEE
  30. REGIONAL COMMITTEES
  31. POWER TO TERMINATE THE REGIONAL COMMITTEE
  32. CHAPTER VI

    FINANCE ACCOUNTS AND AUDIT

  33. PAYMENT TO THE COUNCIL
  34. 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.

  35. FUND OF THE COUNCIL
  36. BUDGET OF THE COUNCIL
  37. 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.

  38. ANNUAL REPORT
  39. 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.

  40. ACCOUNTS AND AUDIT
  41. CHAPTER VII

    MISCELLANEOUS

  42. DELEGATION OF POWERS AND FUNCTIONS
  43. 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.

  44. PROTECTION OF ACTION TAKEN IN GOOD FAITH
  45. 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.

  46. DIRECTIONS BY CENTRAL GOVERNMENT
  47. POWER TO SUPERSEDE THE COUNCIL
  48. (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--

    (3) On the expiry of the period of supersession specified in the notification issued under sub-section (1), the Central Government, may -

  49. POWER TO MAKE RULES
  50. (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 :-

  51. POWER TO MAKE REGULATIONS
  52. (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 :-

  53. RULES AND REGULATIONS TO BE LAID BEFORE PARLIAMENT
  54. 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.

  55. POWER TO REMOVE DIFFICULTIES
  56. (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

* * * * * * * * * *

TOP