ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ACT 1987
THE ALL INDIA COUNCIL FOR TECHNICALEDUCATION ACT, 1987
ACT No. 52 OF 1987
23rd December, 1987
An Act to provide for the establishment ofan All India Council for Technical Education with a view to the proper planningand co-ordinated development of the technicaleducation system throughout the country, the promotion of qualitativeimprovement of such education in relation to planned quantitative growth andthe regulation and proper maintenance of norms and standards in the technicaleducation system and for matters connected therewith.
BE it enacted by Parliament in theThirty-eighth Year of the Republicof India as follows: –
1.Short title and commencement: (1) This Act may be called the All IndiaCouncil for Technical Education Act, 1987.
(2) It shall come into force on such date 1as the Central Government may, by notification in the Official Gazette,appoint.
1. 28-3-1988 Vide Notification No.S.O.317(E), dated 28.3.1988.
2.Definitions: In this Act, unless the context otherwise requires, –
(a) "Commission" means theUniversity Grants Commission established under section 4 of the UniversityGrants Commission Act, 1956 (3 of 1956);
(b) "Council" means the All IndiaCouncil for Technical Education established under section 3;
(c) "Fund" means the Fund of theCouncil constituted under section 16;
(d) "member"means a member of the Council and includes the Chairman and Vice-Chairman;
(e) "prescribed"means prescribed by rules made under this Act;
(f) "regulations"means regulations made under this Act;
(g) "technical education" means programmes of education, research and training inengineering technology, architecture, town planning, management, pharmacy andapplied arts and crafts and such other programme or areas as the CentralGovernment may, in consultation with the Council, by notification in theOfficial Gazette, declare;
(h) "technical institution" meansan institution, not being a University, which offers courses or programmes of technical education and shall include suchother institutions as the Central Government may, in consultation with theCouncil, by notification in the Official Gazette, declare as technicalinstitutions;
(i) "University" means aUniversity defined under clause (f) of section 2 of the University GrantsCommission Act, 1956 (3 of 1956) and includes an institution deemed to be aUniversity under section 3 of that Act.
ESTABLISHMENT OF THE COUNCIL
3.Establishment of the Council: (1) Witheffect from such date as the Central Government may, by notification in theOfficial Gazette, appoint, there shall be established a Council by the name ofthe All India Council for Technical Education.
(2) The Council shall be a body corporateby the name aforesaid, having perpetual succession and a common seal, withpower to contract and shall by the said name sue and be sued.
(3) The head office of the Council shall beat Delhi and Council may, with the previousapproval of the Central Government, establish offices at other places in India.
(4) The Council shall consist of thefollowing members, namely:-
(a) a Chairman tobe appointed by the Central Government.
(b) aVice-Chairman to be appointed by the Central Government;
(c) the Secretaryto the Government of India in the Ministry of the Central Government dealingwith education, ex officio;
(d) theEducational Adviser (General) to the Government of India, ex officio;
(e) the Chairmenof the four Regional Committees, ex officio;
(f) the Chairmenof,-
(i) the All IndiaBoard of Vocational Education, ex officio;
(ii) the All IndiaBoard of Technician Education, ex officio;
(iii) the AllIndia Board of Under-graduate Studies in Engineering and Technology, exofficio;
(iv) the All IndiaBoard of Post graduate Education and Research in Engineering and Technology, exofficio;
(v) the All IndiaBoard of Management Studies, ex officio;
(g) one member tobe appointed by the Central Government to represent the Ministry of Finance ofthe Central Government;
(h) one member tobe appointed by the Central Government to represent the Ministry of Science andTechnology of the Central Government;
(i) four members to be appointed by theCentral Government by rotation to represent the Ministries and the Departmentsof the Central Government, other than those specified in clauses (g) and (h);
(j) two members ofParliament of whom one shall be elected by the House of the People and one bythe Council of States;
(k) eight membersto be appointed by the Central Government by rotation in the alphabetical orderto represent the States and the Union territories:
Provided that an appointment under thisclause shall be made on the recommendation of the Government of the State, oras the case may be, the Union territory concerned;
(j) four membersto be appointed by the Central Government to represent the organisationsin the field of industry and commerce;
(m) seven membersto be appointed by the Central Government to represent,-
(i) the CentralAdvisory Board of Education;
(ii) the Associationof Indian Universities;
(iii) the IndianSociety for Technical Education;
(iv) the Councilof the Indian Institutes of Technology;
(v) the PharmacyCouncil of India;
(vi) the Councilof Architecture;
(vii) the NationalProductivity Council;
(n) four membersto be appointed by the Central Government to represent the professional bodiesin the field of technical and management education;
(o) not more thantwo members to be appointed by the Central Government to represent suchinterests not covered by the foregoing clauses as the Central Government maydeem fit;
(p) the Chairman,University Grants Commission, ex officio;
(q) the Director, Institute of AppliedManpower Research, NewDelhi, ex office;
(r) theDirector-General, Indian Council of Agricultural Research, ex officio;
(s) theDirector-General, Council of Scientific and Industrial Research, ex officio;
(t) Member-Secretary to be appointed by theCentral Government.
(5) Notwithstanding anything contained insub-section (4),-
(a) the firstChairman shall be the Minister of Human Resource Development of the CentralGovernment;
(b) the firstVice-Chairman of the Council shall be the Minister of State for Education ofthe Central Government;
(c) the firstMember-Secretary of the Council shall be the Educational Adviser (Technical) ofthe Central Government.
4.Term of office of members: (1) The term of office of a member, otherthan an ex officio member, on the first constitution of the Council shall befive years and thereafter three years.
(2) If a casual vacancy occurs in theoffice of the Chairman, whether by reason of his death, resignation orinability to discharge his functions owing to illness or other incapacity, theVice-Chairman holding office as such for the time being shall act as theChairman and shall, unless any other person is appointed earlier as theChairman, hold office of the Chairman for the remainder of the term of officeof the person in whose place he is to so act.
(3) If a casual vacancy occurs in theoffice of the Vice-Chairman or any other member, whether by reason of hisdeath, resignation or inability to discharge his functions owing to illness orother incapacity, such vacancy shall be filled by the Central Government bymaking a fresh appointment and the member so appointed shall hold office forthe remainder of the term of office of the person in whose place he is soappointed.
(4) The Vice-Chairman shall perform suchfunctions as may be assigned to him by the Chairman from time to time.
(5) The procedure to be followed by themembers in the discharge of their functions shall be such as may be prescribed.
5.Meetings of the Council: (1) The Council shall meet at such time and places,and shall observe such rules of procedure in regard to the transaction ofbusiness at its meetings (including the quorum at such meetings) as may beprovided by regulations:
Provided that the Councilshall meet at least once every year.
(2) The Chairman and in his absence theVice-Chairman shall preside at the meetings of the Council.
(3) If for any reason the Chairman or theVice-Chairman is unable to attend any meeting of the Council, any other memberchosen by the members present at the meeting shall preside at the meeting.
(4) All questions which come up before anymeeting of the Council shall be decided by a majority of the votes of themembers present and voting, and in the event of an equality of votes, theChairman, or in his absence, the person presiding, shall have and exercise asecond or casting vote.
6.Vacancies, etc., not to invalidate proceedings of the Council: No act orproceeding of the Council shall be invalid merely by reason or-
(a) any vacancyin, or any defect in the constitution of, the Council; or
(b) any defect inthe appointment of a person acting as a member of the Council; or
(c) anyirregularity in the procedure of the Council not affecting the merits of thecase.
7.Temporary association of persons with theCouncil for particular purposes: (1) The Council may associate with itself, insuch manner and for such purposes as may be determined by regulations, anyperson whose assistance or advice it may desire in carrying out any of theprovisions of this Act.
(2) A person associated with it by theCouncil under sub-section (1) for any purpose shall have a right to take partin the discussions relevant to that purpose, but shall not have a right to voteat a meeting of the Council, and shall not be a member for any other purpose.
8.Appointment of officers and otheremployees of the Council: (1) For the purpose of enabling it efficiently todischarge its functions under this Act, the Council shall, subject to suchregulations as may be ma in this behalf appoint (Whether on deputation orotherwise) such number of officers and other employees as it may considernecessary:
Provided that theappointment of such category of officers, as may be specified in suchregulations, shall be subject to the approval of the Central Government.
(2) Every officer of other employeeappointed by the Council shall be subject to such conditions of service andshall be entitled to such remuneration as may be determined by regulations.
9.Authentication of orders and other instruments of the Council: All orders anddecisions of the Council shall be authenticated by the Signature of theChairman or any other member authorised by theCouncil in this behalf, and all other instruments issued by the Council shallbe authenticated by the signature of the Member-Secretary or any other officerof the Council authorised in like manner in thisbehalf.
POWERS AND FUNCTIONS OF THE COUNCIL
10.Functions ofthe Council: It shall be the duty of the Council to take all such steps as itmay think fit for ensuring coordinated and integrated development of technicaleducation and maintenance of standards and for the purposes for performing itsfunctions under this Act, the Council may-
(a) undertakesurvey in the various fields of technical education, collect data on allrelated matters and make forecast of the
(b) coordinate thedevelopment of technical education I the country at all levels;
(c) allocate anddisburse out of the Fund of the Council such grants on such terms andconditions as it may think fit to-
(i) technicalinstitutions, and
(ii) Universities imparting technicaleducation in coordination with the Commission;
(d) promoteinnovations, research and development in established and new technologies,generation, adoption and adaptation of new technologies to meet developmentalrequirements and for over-all improvement of educational processes;
(e) formulateschemes for promoting technical education for women, handicapped and weakersections of the society;
(f) promote aneffective link between technical education system and other relevant systemsincluding research and development organisations,industry and the community;
(g) evolvesuitable performance appraisal systems for technical institutions andUniversities imparting technical education, incorporating norms and mechanismsfor enforcing accountability;
(h) formulateschemes for the initial and in-service training of teachers and identifyinstitution or centres and set up new centres for offering staff development programmesincluding continuing education of teachers;
(i) lay down normsand standards for courses, curricula, physical and instructional facilities,staff pattern, staff qualifications, quality instructions, assessment andexaminations;
(j) fix norms andguidelines for charging tuition and other fees;
(k) grant approvalfor starting new technical institutions and for introduction of new courses or programmes in consultation with the agencies concerned;
(l) advise the Central Government inrespect of grant of charter to any professional body or institution in thefield of technical education conferring powers, rights and privileges on it forthe promotion of such profession in its field including conduct of examinationsand awarding of membership certificates;
(m) lay down normsfor granting autonomy to technical institutions;
(n) take all necessarysteps to prevent commercialisation of technicaleducation;
(o) provideguidelines for admission of students to technical institutions and Universitiesimparting technical education;
(p) inspect orcause to inspect any technical institution;
(q) withhold or discontinue grants inrespect of courses, programmes to such technicalinstitutions which fail to comply with the directions given by the Councilwithin the stipulated period of time and take such other steps as may benecessary for ensuring compliance of the directions of the Council;
(r) take steps to strengthen the existing organisations, and to set up new organisationsto ensure effective discharge of the Council’s responsibilities and to createpositions of professional, technical and supporting staff based onrequirements;
(s) declaretechnical institutions at various levels and types offering courses intechnical education fit to receive grants;
(t) advise theCommission for declaring any institution imparting technical education as a deemedUniversity;
(u) set up a National Board ofAccreditation to periodically conduct evaluation of technical institutions or programmes on the basis of guidelines, norms and standardsspecified by it and to make recommendation to it, or to the Council, or to theCommission or to other bodies, regarding recognition or de-recognition of theInstitution or the programme;
(v) perform suchother functions as may be prescribed.
11.Inspection: (1)For the purposes of ascertaining the financial needs of technical institutionor a University or its standards of teaching, examination and research, theCouncil may cause an inspection of any department or departments of suchtechnical institution or University to be made in such manner as may beprescribed and by such person or person as it may direct.
(2) The Council shall communicate to thetechnical institution or University the date on which any inspection undersub-section (1) is to be made and the technical institution or University shallbe entitled to be associated with the inspection in such manner as may beprescribed.
(3) The Council shall communicate to thetechnical institution or the University, its views in regard to the results ofany such inspection and may, after ascertaining the opinion of that technicalinstitution or University, recommend to that institution or University theaction to be taken as a result of such inspection.
(4) All communications to a technicalinstitution or University under this section shall be made to the executiveauthority thereof and the executive authority of the technical institution orUniversity shall report to the Council the action, if any, which is proposed tobe taken for the purposes of implementing any such recommendation as isreferred to tin sub-section (3).
BODIES OF THE COUNCIL
12.Executive Committee of the Council: (1)The Council shall constitute a Committee, called the Executive Committee fordischarging such functions as may be assigned to it by the Council.
(2) The Executive Committee shall consistof the following members, namely: –
(a) the Chairmanof the Council;
(b) theVice-Chairman of the Council;
(c) Secretary to the Government of India inthe Ministry of the Central Government dealing with Education, ex officio;
(d) two Chairmenof the Regional Committees;
(e) three Chairmenof the Boards of Studies;
(f) a member ofthe Council representing the Ministry of Finance of the Central Government, exofficio;
(g) four out ofeight members of the Council representing the States and Unionterritories under clause (k) of sub-section (4) of section 3;
(h) four memberswith expertise and distinction in areas relevant to Technical Education to benominated by the Chairman of the Council;
(i) the Chairmanof the University Grants Commission, ex officio;
(j) the Director, Institute of AppliedManpower Research, NewDelhi, ex officio;
(k) the DirectorGeneral, Indian Council of Agricultural Research, ex officio;
(l) theMember-Secretary of the Council.
(3) The Chairman and the Member-Secretaryof the Council shall, respectively, function as the Chairman and theMember-Secretary of the Executive Committee.
(4) The Chairman or in his absence, theVice-Chairman of the Council shall preside at the meetings of the ExecutiveCommittee and in the absence of both the Chairman and the Vice-Chairman anyother member chosen by the members present at the meeting shall preside at themeeting.
(5) The Executive Committee shall meet atsuch time and places, and shall observe such rules of procedure in regard tothe transaction of business at its meetings)including the quorum at suchmeetings) as the Council may provide by regulations.
13.Boards ofStudies: (1) The Council shall establish the following Boards of Studies,namely: –
(i) All India Board of VocationalEducation;
(ii) All India Board of TechnicianEducation;
(iii) All India Board of Under-graduateStudies in Engineering and Technology;
(iv) All IndiaBoard of Post-graduate Education and Research in Engineering and Technology;
(v) All India board of Management Studies.
(2) The Council may, if it considersnecessary, establish such other Boards of Studies as it may think fit.
(3) Every Board of Studies shall advise theExecutive Committee on academic matters falling in its area of concernincluding norms standards, model curricula, model facilities and structure ofcourses.
(4) The area of concern, powers, theconstitution and functions of the Boards of Studies shall be such as theCouncil may provide by regulations.
14.RegionalCommittees: (1) The Council shall establish the following Regional Committees,namely: –
(i) The Northern Regional Committee withits office at Kanpur;
(ii) The Southern Regional Committee withits office at Madras;
(iii) The Western Regional Committee withits office at Bombay;
(iv) The Eastern Regional Committee with its office at Calcutta.
(2) The Council may, if it considersnecessary, establish such other Regional Committees as it may think fit.
(3) The Regional Committee shall advise andassist the Council to look into all aspects of planning, promoting andregulating technical education within the region.
(4) The region for which the RegionalCommittees may be established and the constitution and functions of suchCommittees shall be prescribed by regulations.
FINANCE, ACCOUNTS AND AUDIT
15.Payment to the Council: The CentralGovernment may, after due appropriation made by Parliament by law in thisbehalf, pay to the Council in each financial year such sums may be considerednecessary for the performance of functions of the Council under this Act.
16.Fund of theCouncil: (1) The Council shall have its own Fund: and all sums which may, fromtime to time, be paid to it by the Central Government and all the receipts ofthe Council (including any sum which any State Government or any otherauthority or person may hand over to the Council) shall be credited to the Fundand all payments by the Council shall be made therefrom.
(2) All moneys belonging to the Fund shallbe deposited in such banks or invested in such manner as may,subject to the approval of the Central Government, be decided by the Council.
(3) The Council may spend such sums as itthinks fit for performing its functions under this Act, and such sums shall betreated as expenditure payable out of the Fund of the Council.
17.Budget: TheCouncil shall prepare, in such form and at such time each year as may beprescribed a budget in respect of the financial year next ensuing showing theestimated receipts and expenditure, and copies thereof shall be forwarded tothe Central Government.
18.Annual report:The Council shall prepare once every year, in such form and at such time as maybe prescribed, an annual report giving a true and full account of itsactivities during the previous year and copies thereof shall be forwarded tothe Central Government and that Government shall cause the same to be laidbefore both Houses of Parliament.
19.Accounts and audit: (1) The Councilshall cause to be maintained such books of account and other books in relationto its accounts in such form and in such manner as may, in consultation withthe Comptroller and Auditor-General of India, be prescribed.
(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 suchdate, as the Central Government may, in consultation with the Comptroller andAuditor-General, determine.
(3) The accounts of the Council shall beaudited by the Comptroller and Auditor-General of India at such times and in suchmanner as he thinks fit.
(4) The accounts of the Council ascertified by the Comptroller and Auditor-General of India or any other personappointed by him in this behalf together with the audit report thereon shall beforwarded annually to the Central Government and that Government shall causethe same to be laid before both Houses of Parliament.
20.Directions by the Central Government:(1) The Council shall, in the discharge of its functions and duties under thisAct, be bound by such directions on questions of policy as the CentralGovernment may give in writing to it from time to time.
(2) The decision of the Central Governmentas to whether a question is one of policy or not shall be final.
21.Power to supersede the Council: (1) Ifthe Central Government is of the opinion that the Council is unable to perform,or has persistently made default in the performance of, the duty imposed on itsby or under this Act or has exceeded or abused its powers, or has wilfully or without sufficient cause., failed to complywith any direction issued by the Central Government under section 20, theCentral Government may, by notification in the Official Gazette, supersede theCouncil for such period as may be specified in the notification:
Provided that before issuing a notificationunder this sub-section, the Central Government shall give a reasonable time tothe Council to show cause why it should not be superseded and shall considerthe explanation and objections, if any, of the Council.
(2) Upon the publication of a notificationunder sub-section (1) superseding the Council:
(a) all themembers of the Council shall, notwithstanding that their term of office had notexpired, as from the date of suppression, vacate their offices as such members;
(b) all the powersand duties which may, by or under the provisions of this Act, be exercised orperformed by or on behalf of the Council shall, during the period of suppression,be exercised and performed by such person or persons as the Central Governmentmay direct;
(c) all propertyvested in the Council shall, during the period of suppression, vest in theCentral Government.
(3) On the expiration of the period ofsuppression specified in the notification issued under sub-section (1), theCentral Government may-
(a) extend theperiod of suppression for such further period as it may consider necessary; or
(b) reconstitutethe Council in the manner provided in section 3.
22.Power to makerules: (1) The Central Government may, by notification in the Official Gazette,make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice tothe generality of the foregoing power, such rules may provide for all or any ofthe following matters, namely:-
(a) the procedureto be followed by the members in the discharge of their functions;
(b) the inspectionof technical institutions and Universities;
(c) the form andmanner in which the budget and reports are to be prepared by the Council.
(d) the manner inwhich the accounts of the Council are to be maintained; and
(e) any othermatter which has to be, or may be, prescribed.
23.Power to makeregulations: (1) The Council may, by notification in the Official Gazette, makeregulations not inconsistent with the provisions of this Act, and the rulesgenerally to carry out the purposes of this Act.
(2) In particular, and without prejudice tothe generality of the foregoing power, such regulations may provide for all orany of the following matters, namely:-
(a) regulating themeetings of the Council and the procedure for conducting business thereat;
(b) the terms andconditions of service of the officers and employees of the Council;
(c) regulating themeetings of the Executive Committee and the procedure for conducting businessthereat;
(d) the area ofconcern, the constitution, and powers and functions of the Board of Studies;
(e) the region forwhich the Regional Committee be established and the constitution and functionsof such Committee.
24.Rules and regulations to be laid beforeParliament: 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 itis in session, for a total period of thirty days which may be comprised in onesession or in two or more successive sessions, and if, before the expiry of thesession immediately following the session or the successive sessions aforesaid,both Houses agree in making any modification in the rule or regulation or bothHouses agree that the rule or regulation should not be made, the rule orregulation shall thereafter have effect only in such modified form or be of noeffect, as the case may be; so, however, that any such modification orannulment shall be without prejudice to the validity of anything previouslydone under that rule or regulation.
25.Power to removedifficulties: (1) If any difficulty arises in giving effect to the provisionsof this Act, the Central Government may, by order, published in the OfficialGazette, make such provisions not inconsistent with the provisions of this Actas may appear to be necessary for removing the difficulty:
Provided that no ordershall be made under this section after the expiry of two years from thecommencement of this Act.
(2) Every order made under this sectionshall be laid., as soon as may be after it is made,before each House of Parliament.