NATIONAL COUNCIL FOR TEACHER EDUCATION ACT 1993

THE NATIONAL COUNCIL FOR TEACHER EDUCATION ACT, 1993

ACT No. 73 OF 1993

29thDecember, 1993

An Act to provide for the establishment of a National Council forTeacher Education with a view to achieving planned and co-ordinateddevelopment of the teacher education system throughout the country, theregulation and proper maintenance of norms and standards in the teachereducation system and for matters connected therewith.

BE is enacted by Parliament inthe Forty–fourth Year of the Republicof India as follows: –

CHAPTER I

PRELIMINARY

1.Short title, extent andcommencement: (1) ThisAct 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 onsuch date as the Central Government may, by notification in the OfficialGazette, appoint.

2.Definitions: In this Act, unless the context otherwise requires:

(a) "appointedday" means the date of establishment of the National Council for TeacherEducation 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" meansthe National Council for Teacher Education established under sub–section(1) of section 3;

(d) "examiningbody" means a University, agency or authority to which an institution isaffiliated for conducting examinations in teacher education qualifications;

(e) "institution"means an institution which offers courses or training in teacher education;

(f) "Member" means aMember of the Council and includes the Chairperson and Vice–Chairperson;

(g) "Member–Secretary"means the Member–Secretary of the Council appointed under clause orsub–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) "RegionalCommittee" means a committee established under section 20;

(k) "regulations"means regulations made under section 32;

(l) "teachereducation" means programmes of education,research or training of persons for equipping them to teach at pre–primary,secondary and senior secondary stages in schools, and includes non–formaleducation, part–time education, adult education and correspondenceeducation;

(m) "teachereducation qualification" means a degree, diploma or certificate in teachereducation awarded by a University or examining body in accordance with theprovisions of this Act;

(n) "University"means a University defined under clause (f) of section 2 of the UniversityGrants Commission Act, 1956, and includes an institution deemed to be aUniversity under section 3 of that Act;

(o) "Vice–Chairperson"means the Vice–Chairperson of the Council appointed under clause (b) ofsub–section (4) of section 3.

CHAPTER II

ESTABLISHMENT OF THE COUNCIL

3.Establishment of the Council: (1) With effect from such dateas the Central Government may, be notification in the Official Gazette,appoint, there shall be established a Council to be called the National Councilfor Teacher Education.

(2) The Council shall be a bodycorporate by the name aforesaid, having perpetual succession and a common sealwith power to contract and shall, by the said name sue and be sued.

(3) The head office of theCouncil shall be at Delhi and the Council may,with the previous approval of the Central Government, establish regionaloffices at other places in India.

(4) The council shall consistof the following Members, namely:–

(a) aChairperson to be appointed by the Central Government;

(b) aVice–Chairperson to be appointed by the Central Government;

(c) aMember–Secretary to be appointment by the Central Government;

(d) theSecretary to the Government of India in the Department dealing with Education,ex officio;

(e) the Chairman, UniversityGrants Commission established under section 4 of the University GrantsCommission Act, 1956 or a member thereof nominated by him, ex officio;

(f) theDirector, National Council of Educational Research and Training, ex officio;

(g) theDirector, National Institute of Educational Planning and Administration, exofficio;

(h) theAdviser (Education) , Planning Commission, ex officio;

(i) theChairman, Central Board of Secondary Education, ex officio;

(j) theFinancial Adviser to the Government of India in the Department dealing withEducation, ex officio;

(k) theMember–Secretary , All–India council for Technical Education, exofficio;

(l)theChairpersons of all Regional Committees, ex officio;

(m) thirteenpersons possessing experience and knowledge in the field of education orteaching to be appointed by the Central Government as under, from amongst the–

(i) Deans of Faculties ofEducation and Professors of Education in Universities–Four;

(ii) expertsin secondary teacher education – One;

(iii) expertsin pre–primary and primary teacher education – Three;

(iv) expertsin non–formal education and adult education – Two;

(v) expertsin the field of natural sciences, social sciences, linguistics, vocationaleducation, work experience, educational technology and special education, byrotation, in the manner prescribed – Three;

(n) nineMembers to be appointed by the Central Government to represent the States andthe Union territory Administrations in the manner prescribed;

(o) three Members of Parliamentof whom one shall be nominated by the Chairman of the Council of States and twoby the Speaker of the House of the People;

(p) threeMembers to be appointed by the Central Government from amongst of primary andsecondary education and teachers of recognisedinstitutions.

(5) It is hereby declared thatthe office of the Member of the Council shall not disqualify its holder forbeing chosen as or for being a Member of either House of Parliament.

4.Term of office and conditions ofservice of Members: (1) The Chairperson, Vice–Chairperson and the Member–Secretaryshall hold office on a full–time basis.

(2) The term of office of theChairperson, the Vice–Chairperson and the Member–Secretary shallbe four years, or till they complete the age of sixty years, whichever isearlier.

(3) The conditions of serviceof the Chairperson, the Vice–Chairperson and the Member–Secretaryshall be such as may be prescribed.

(4) The term of office ofMembers [other than the Members specified in clauses (a) to (1) and clauses (n)and (o) of sub–section (4) of section 3] shall be two years or tillfresh appointments are made, whichever is later, and other conditions ofservice of such Members shall be such as may be prescribed.

(5) If a casual vacancy occursin the office of Chairperson, whether by reason of death, resignation orinability to discharge the functions of a Chairperson owing to illness or otherincapacity, the Vice–Chairperson holding office as such for the timebeing, shall act as the Chairperson and shall, unless any other person isappointed earlier as Chairperson, hold office of the Chairperson for theremainder of the term of office of the person in whose place the said person isto so act.

(6) If a casual vacancy occursin the office of the Vice–Chairperson or any other Member, whether byreason of death, resignation or inability to discharge his functions owing toillness or other incapacity, such vacancy shall be filled up by making freshappointment and the person so appointed shall hold office for the remainder ofthe term of the office of the person in whose place such person is soappointed.

(7) The Chairperson shallperform such functions as may be assigned to him by the Chairperson from timeto time.

(8) The Vice–Chairpersonshall perform such functions as may be assigned to him by the Chairperson fromtime to time.

5.Disqualification for office of Member: A person shall be disqualifiedfor being appointed as a Member if he–

(a) hasbeen convicted and sentenced to imprisonment for an offence, which in theopinion of the Central Government, involves moral turpitude; or

(b) isan undischarged insolvent; or

(c) isof unsound mind and stands so declared by a competent court; or

(d) hasbeen removed or dismissed from the service of the Government or a bodycorporate owned or controlled by the Government; or

(e) hasin the opinion of the Central Government such financial or other interest inthe Council as is likely to affect prejudicially the discharge by him of hisfunctions as a Member.

6.Vacation of office of Member: The Central Government shallremove a Member if he–

(a) becomessubject to any of the disqualifications mentioned in section 5:

Provided that no Member shallbe removed on the ground that he has become subject to the disqualificationmentioned in clause (e) of that section, unless he has been given a reasonableopportunity of being heard in the matter; or

(b) refusesto act or becomes incapable of acting; or

(c) is,without obtaining leave of absence from the Council, absent from threeconsecutive meetings of the Council; or

(d) inthe opinion of the Central Government, has so abused his position as to renderhis continuance in office detrimental to the public interest:

Provided that no Membershall be removed under this clause unless he has been given a reasonableopportunity of being heard in the matter.

7.Meetingsof the Council: (1) The Council shall meet at such time and places, andshall observe such rules of procedure in regard to the transaction of businessat its meetings (including the quorum at such meetings) as may be provided byregulations:

Provided that the Councilshall meet at least once every year.

(2) The Chairperson, and in theabsence of the Chairperson, the Vice–Chairperson shall preside at themeetings of the Council.

(3) If for any reason theChairperson and the Vice–Chairperson, both are unable to attend anymeeting of the Council, any other Member chosen by the Members present at themeeting shall preside at that meeting.

(4) All questions which come upbefore any meeting of the Council shall be decided by a majority of votes ofthe Members present and voting and in the event of any equality of votes, theChairperson, or in the absence of the Chairperson the person presiding , shallhave and exercise a second or casting vote.

8.Vacancies, etc., not to invalidateproceedings of the Council: No act or proceeding of the council shall be invalid merely byreason of–

(a) anyvacancy in, or any defect in the constitution of the Council; or

(b) anydefect in the 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.

9.Power to co-opt: (1) The Council may co–optin such manner and for such purposes as may be determined by regulations, notmore than three persons, whose assistance or advice it may desire in carryingout any of the provisions of this Act.

(2) The person co–optedby the Council under sub–section (1) for any purpose shall have a rightto take part in the discussions relevant to that purpose, but shall have aright to take part in the discussions relevant to that purpose, but shall nothave a right to vote at a meeting of the Council, and shall not be a Member forany other purpose.

10.Appointment of officers andother employees of the Council: (1) For the purpose of enabling the Council to discharge itsfunctions efficiently under this Act, the Council shall, subject to suchregulations as may be made in this behalf, appoint (whether on deputation orotherwise) such number of officers and other employees as it may considernecessary:

Provided that the category ofposts equivalent to Group ‘A’ posts in the Central Government shall be subjectto the approval of the Central Government.

(2) Every officer or otheremployees appointed by the Council shall be subject to such conditions ofservice as may be determined by regulations.

11.Authenticationof the orders and other instruments of the Council: All orders and decisions of the Council shall beauthenticated by the signature of the Chairperson or any other Member authorised by the Council in this behalf, and all otherinstruments issued by the council shall be authenticated by the signature ofthe Member–Secretary or any other officer of the Council authorised in like manner in this behalf by theChairperson.

CHAPTER III

FUNCTIONS OF THE COUNCIL

12.Functionsof the Council: It shallbe the duty of the Council to take all such steps as it may think fit forensuring planned and co–ordinated developmentof teacher education and for the determination and maintenance of standards forteacher education and for the purposes of performing its functions under thisAct, the Council may–

(a) undertakesurveys and studies relating to various aspects of teacher education andpublish the result thereof;

(b) makerecommendations to the Central and State Government, Universities, UniversityGrants Commission and recognised institutions in thematter of preparations of suitable plans and programmesin the field of teacher education:

(c) co–ordinateand monitor teacher education and its development in the country;

(d)lay down guidelines in respect of minimum qualifications for a person to beemployed as a teacher in schools or in recognisedinstitutions;

(e) lay down norms for anyspecified category of courses or training’s in teacher education, including theminimum eligibility criteria for admission thereof, and the method of selectionof candidates, duration of the course, course contents and mode of curriculum;

(f) lay down guidelines forcompliance by recognise institutions, for startingnew courses or training, and for providing physical and instructionalfacilities, staffing pattern and staff qualifications;

(g) lay down standards inrespect of examinations leading to teacher education qualifications, criteriafor admission to such examinations and schemes of courses institutions;

(h) lay down guidelinesregarding tuition fees and other fees chargeable by recognisedinstitutions;

(i) examine and reviewperiodically the implementation of the norms, guidelines and standards laiddown by the Council, and to suitably advise the recognisedinstitutions;

(j) evolve suitable performanceappraisal systems, norms and mechanisms for enforcing accountability on recognised institutions;

(k) formulate schemes forvarious levels of teacher education and identify recognisedinstitutions and set up new institutions for teacher development programmes;

(l) take all necessary steps toprevent commercialisation of teacher education; and

(m) promote and conductinnovation and research in various areas of teacher education and disseminatethe results thereof;

(n) perform such otherfunctions as may be entrusted to it by the Central Government.

13.Inspection: (1) For the purposes ofascertaining whether the recognised institutions arefunctioning in accordance with the provisions of this Act, the Council maycause inspection of any such institutions, to be made by such persons as it maydirect, and in such manner as may be prescribed.

(2) The Council shallcommunicate to the institution the date on which inspection under sub–section(1) is to be made and the institutions shall be entitled to be associated withthe inspection in such manner as may be prescribed.

(3) The Council shallcommunicate to the said institutions, its views in regard to the results of anysuch inspection and may, after ascertaining the opinion of that institutions,recommend to that institutions the action to be taken as a result of suchinspection.

(4) All communications to theinstitutions under this section shall be made to the executive authoritythereof, and the executive authority of the institutions shall report to theCouncil the action, it any, which is proposed to be taken for the purposes ofimplementing any such recommendation as is referred to in sub–section(3).

CHAPTER IV

RECOGNITION OF TEACHER EDUCATION INSTITUTIONS

14.Recognition of institutionsoffering course or training in teacher education: (1) Every institutions offering or intending tooffer 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 theRegional Committee concerned in such form and in such manner as may bedetermined by regulations:

Provided that an institutionoffering a course or training in teacher education immediately before theappointed day, shall be entitled to continue such course or training for a periodof six months, if it has made an application for recognition within the saidperiod and until the disposal of the application by the Regional Committee.

(2) The fee to be paid alongwith the application under sub–section (1) shall be such as may beprescribed.

(3) On receipt of anapplication by the Regional Committee from any institution under sub–section(1), and after obtaining from the institutions concerned such other particularsas it may consider necessary, it shall:

(a) If it is satisfied thatsuch institutions has adequate financial resources, accommodation, library,qualified staff, laboratory and that it fulfils such other conditions requiredfor proper functioning of the institutions for a course or training in teachereducation, as may be determined by regulations, pass an order grantingrecognition to such institutions, subject to such conditions as may bedetermined by regulations; or

(b) if it is of the opinionthat such institutions does not fulfil therequirements laid down in sub–clause (a), pass an order refusingrecognition to such institutions for reasons to be recorded in writing:

Provided that before passing anorder under sub–clause (b), the Regional Committee shall provide areasonable opportunity to the concerned institutions for making a writtenrepresentation.

(4) Every order granting orrefusing recognition to an institutions for a course or training in teachereducation under sub–section (3) shall be published in the OfficialGazette and communicated in writing for appropriate action to such institutionand to the concerned examining body, the local authority or the StateGovernment and the Central Government.

(5) Every institution, inrespect of which recognition has been refused shall discontinue the course ortraining in teacher education from the end of the academic session nextfollowing the date of receipt of the order refusing recognition passed underclause (b) of sub–section (3).

(6) Every examining body shall,on receipt of the order under sub–section (4),–

(a) grant affiliation to theinstitution, where recognition has been granted; or

(b) cancel the affiliation ofthe institution, where recognition has been refused.

15.Permission for a new courseor training by recognised institution: (1) Where any recognised institution intends to start any new course ortraining in teacher education, it may make an application to seek permission therefor to the Regional Committee concerned in such formand in such manner as may be determined by regulations.

The fees to be paid along withthe application under sub–section (1) shall be such as may beprescribed.

On receipt of an applicationfrom an institution under sub–section (1), and after obtaining from the recognised institution such other particulars as may be considerednecessary, the Regional Committee shall,–

(a) if it is satisfied thatsuch recognised institution has adequate financialresources, accommodation, library, qualified staff, laboratory and that itfulfils such other conditions required for proper conduct of the new course ortraining in teacher education, as may be determined by regulations, pass anorder granting permission, subject to such conditions as may be determined byregulation; or

(b) if it is of the opinionthat such institution does not fulfil therequirements laid down in sub–clause (a), pass an order refusingpermission to such institution, for reasons to be recorded in writing;

Provided that before passing anorder refusing permission under sub–clause (b) the Regional Committeeshall provide a reasonable opportunity to the institution concerned for makinga written representation.

(4) Every order granting orrefusing permission to a recognised institution for anew course or training in teacher education under sub–section (3), shallbe published in the Official Gazette and communicated in writing forappropriate action to such recognised institution andto the concerned examining body, the local authority, the State Government andthe Central Government.

16.Affiliating body to grant affiliationafter recognition or permission by the Council: Notwithstanding anything contained in any other lawfor the time being in force, no examining body shall, on or after the appointedday,–

(a) grant affiliation, whetherprovisional or otherwise, to any institution; or

(b) hold examination, whetherprovisional or otherwise, for a course or training conducted by a recognised institution,

unless the institutionconcerned has obtained recognition from the Regional Committee concerned, undersection 14 or permission for a course or training under section 15.

17.Contravention of provisionsof the Act and consequences thereof:.(1) Where the Regional committee is, on its ownmotion or on any representation received from any person, satisfied that a recognised institution has contravened any of theprovisions of this Act, or the rules, regulations, orders made or issued thereunder, or any condition subject to which recognitionunder 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 inwriting:

Provided that no such orderagainst the recognised institution shall be passedunless a reasonable opportunity of making representation against the proposedorder has been given to such recognised institution:

Provided further that the orderwithdrawing or refusing recognition passed by the Regional committee shall comeinto force only with effect from the end of the academic session next followingthe date of communication of such order.

(2) A copy of every orderpassed by the Regional Committee under sub–section (1),–

(a) shall be communicated tothe recognised institution concerned and a copythereof shall also be forwarded simultaneously to the University or theexamining body to which such institution was affiliated for cancellingaffiliation; and

(b) shall be published in theOfficial 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 teachereducation, and the concerned University or the examining body shall cancelaffiliation 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 dateof communication of the said order.

(4) If an institution offersany course or training in teacher education after the coming into force of theorder withdrawing recognition under sub–section (1), or where aninstitution offering a course or training in teacher education immediatelybefore the appointed day fails or neglects to obtain recognition or permissionunder this Act, the qualification in teacher education obtained pursuant tosuch course or training or after undertaking a course or training in suchinstitution, shall not be treated as a valid qualification for purposes ofemployment under the Central Government, any State Government or University, orin any school, college or other educational body aided by the CentralGovernment or any State Government.

18.Appeals: (1) Any person aggrieved by anorder made under section 14 or section 15 or section 17 of the Act may preferan appeal to the Council within such period as may be prescribed.

(2) No appeal shall be admittedif it is preferred after the expiry of the period prescribed therefor:

Provided that an appeal may beadmitted after the expiry of the period prescribed therefor,if the appellant satisfies the Council that he had sufficient cause for notpreferring the appeal within the prescribed period.

(3) Every appeal made underthis section shall be made in such form and shall be accompanied by a copy ofthe order appealed against and by such fees as may be prescribed.

(4) The procedure for disposingof an appeal shall be such as may be prescribed:

Provided that beforedisallowing an appeal, the appellant shall be given a reasonable opportunity torepresent its case.

(5) The Council may confirm orreverse the order appealed against.

CHAPTER V

BODIES OF THE COUNCIL

19.Executive Committee: (1) The Council shallconstitute a Committee, called the Executive Committee for discharging suchfunctions as may be assigned to it by the Council or as may be determined byregulations.

(2) The Executive Committeeshall consist of the following members, namely:–

(a) the Chairperson;

(b) the Vice–Chairperson;

(c) the Member–Secretary;

(d) the Secretary to theGovernment of India in the Department dealing with Education, ex officio;

(e) the Secretary, UniversityGrants Commission, ex officio;

(f) the Director, NationalCouncil of Educational Research and Training, ex officio;

(g) the Financial Adviser tothe Government of India in the Department dealing with Education, ex officio;

(h) four experts in teachereducation to be nominated by the Central Government;

(i) four State representativesto be nominated by the Central Government in such manner as may be prescribed;

(j) the Chairperson of theRegional Committees.

(3) The Chairperson and theMember–Secretary of the Council shall respectively, function as theChairperson and the Member–Secretary of the Executive Committee.

(4) The Chairperson or in hisabsence, the Vice–Chairperson of the Council shall preside at the meetingsof the Executive Committee and in the absence of both the Chairperson and theVice–chairperson, any other member chosen by the members present at themeeting shall preside at the meeting.

(5) The quorum necessary forthe transaction of business at the meetings of the Executive Committee shall beas laid down by regulations.

(6) The Executive Committee mayco–opt, in such manner and for such purposes, as may be determined byregulations, not more than two persons whose assistance and advice, it may desirein carrying out any of the functions assigned to the Executive Committee;

Provided that the persons co–optedby the Executive Committee for any purpose shall have a right to take part inthe discussions relevant to that purpose, but shall not have a right to vote ata meeting of the Executive Committee, and shall not be a member for any otherpurpose.

(7) The Council may, if itconsiders necessary, establish such other committees, for such specific purposeas it may deem fit.

20.Regional Committees: (1) The Council shall, bynotification in the Official Gazette, establish the following RegionalCommittees, namely:–

(i) the Eastern RegionalCommittee;

(ii) the Western RegionalCommittee;

(iii) the Northern RegionalCommittee; and

(iv) the Southern RegionalCommittee.

(2) The Council may, if itconsiders necessary, establish with the approval of the Central government,such other Regional Committees as it may deem fit.

(3) The Regional Committeeshall consist of the following members, namely:–

(a) a Member to be nominated bythe Council;

(b) one representative fromeach of the States and the Union territories of the region, to be nominated bythe respective States and the Union territories;

(c) such number of persons,having special knowledge and experience in matters relating to teachereducation, as may be determined by regulations.

(4) The Council shall nominateon of the members of the concerned Regional Committee to function as thechairperson of the said Committee.

(5) The term of office of themembers referred to in clause (c) and the allowances payable to such membersshall be such as may be determined by regulations.

(6) The Regional Committeeshall, in addition to its functions under sections 14, 15 and 17, perform suchother functions, as may be assigned to it by the Council or as may bedetermined by regulations.

(7) The functions of, theprocedure to be followed by, the territorial jurisdiction of, and the manner offilling casual vacancies among members of, a Regional Committee shall be suchas may be determined by regulations.

21.Power to terminate theRegional Committee: (1) If the Council is of the opinion that a Regional Committee isunable to perform, or has persistently made default in the performance of theduties imposed on it by or under this Act or has exceeded or abused its powers,or has wilfully or without sufficient cause, failedto comply with any direction issued by the Council for carrying out theprovisions of this Act, the Council may, by notification in the OfficialGazette, terminate forthwith the Regional Committee.

(2) Upon the publication of anotification under sub–section (1),–

(a) all members of the RegionalCommittee shall, notwithstanding that their term of office had not expired, asfrom the date of the termination, vacate their office as such members; and

(b) all the powers and dutieswhich may, by or under the provisions of this Act be exercised or performed byor on behalf of the Regional Committee shall, during the period when the termof office of its members stand terminated, be exercised and performed by suchpersons as the Council may direct.

(3) The Council may at any timeafter publication of a notification under sub–section (2), re–constitutethe Regional Committee in the manner provided in sub–section (3) ofsection 20:

Provided that it shall becompetent for the Council to appoint any person, who was a member of a RegionalCommittee which was terminated, as a member of the re–constitutedRegional Committee.

CHAPTER VI

FINANCE ACCOUNT AND AUDIT

22.Payment to the Council: The Central Government may,after due appropriation made by Parliament by law in this behalf, pay to theCouncil in each financial year such sums as may be considered necessary for theperformance of the functions of the Council under this Act.

23.Fund of the Council: (1) The Council shall have itsown fund; and all sums which may, from time to time be paid to it by theCentral 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 maypay to the Council, shall be credited to the fund and all payments by theCouncil shall be made therefrom.

(2) All moneys belonging to thefund shall be deposited in such banks or invested in such manner as may bedecided by the Council.

(3) The Council may spend suchsums as it thinks fit for performing its functions under this Act, and suchsums shall be treated as expenditure payable out of the fund of the Council.

24.Budget of the Council: The Council shall prepare insuch form and at such time each year as may be prescribed, a budget in respectof the financial year next ensuing, showing the estimated receipts andexpenditure, and copies thereof shall be forwarded to the Central Government

25.Annual report: The Council shall prepare onceevery year, in such form and at such time as may be prescribed, an annualreport giving a true and full account of its activities during the previousyear and copies thereof shall be forwarded to the Central Government and thatGovernment shall cause the same to be laid before both Houses of Parliament.

26.Accounts and audit: (1) The Council shall cause tobe maintained such books of account in such form and in such manner as theCentral government may, in consultation with the Comptroller and Auditor–Generalof India,prescribe.

(2) The Council shall, as soonas may be, after closing its annual accounts, prepare a statement of accountsin such form and forward the same to the Comptroller and Auditor–Generalof India by such date as the Central Government may, in consultation with theComptroller and Auditor–General, determine.

(3) The accounts of the Councilshall be audited by the Comptroller and Auditor–General of India at suchtimes and in such manner as he thinks fit.

(4) The accounts of the Councilas certified by the Comptroller and Auditor–General of India or anyother person appointed by him in this behalf, together with the audit reportthereon shall be forwarded annually to the Central Government and thatGovernment shall cause the same to be laid before both Houses of Parliament.

CHAPTER VII

MISCELLANEOUS

27.Delegation of powers andfunctions: The Council may, by general orspecial order in writing, delegate to the chairperson or to any other member orto any officer of the Regional Committee, subject to such conditions andlimitations, if any, as may be specified in the order, such of its powers andfunctions under this Act (except the power to make regulations under section32), as it may deem necessary.

28.Protection of action takenin good faith: Noprosecution or other legal proceeding shall lie against the Central Government,the Council or any committees appointed by it, or any Member of the Council ormember of such committees, or any officer or employee of the Central Governmentor the Council or any other person authorised by thatGovernment or the Council, for anything which is in good faith done or intendedto be done under this Act or the rules or regulations made thereunder.

29.Directions by the CentralGovernment: (1) TheCouncil shall, in the discharge of its functions and duties under this Act bebound by such directions on questions of policy as the Central Government maygive in writing to it from time to time.

(2) The decision of the CentralGovernment as to whether a question is one of policy or not shall be final.

30.Power to supersede theCouncil: (1) If the Central Governmentis of the opinion that the Council is unable to perform, or has persistentlymade default in the performance of the duties imposed on it by or under thisAct or has exceeded or abused its powers, or has wilfullyor without sufficient cause, failed to comply with any direction issued by theCentral government under section 29, the Central Government may, bynotification in the Official Gazette, supersede the Council for such period asmay be specified in the notification.

Provided that before issuing anotification under sub–section the Central Government shall give areasonable opportunity to the Council to show cause why it should not besuperseded and shall consider the explanation and objections, if any, of theCouncil.

(2) Upon the publication of anotification under sub–section (1) superseding the Council–

(a) all the Members of theCouncil shall, notwithstanding that their term of office had not expired, asfrom the date of supersession, vacate their offices as such Members;

(b) all the powers and dutieswhich may, by or under the provisions of this Act be exercised or performed byor on behalf of the Council shall, during the period of supersession beexercised and performed by such person or persons as the Central Government maydirect;

(c) all property vested in theCouncil shall, during the period of supersession, vest in the Central Government.

(3) On the expiry of the periodof supersession for such further period as it may consider necessary; or

(a) extend the period ofsupersession for such further period as it may consider necessary; or

(b) re–constitute theCouncil in the manner provided in section 3.

31.Power to make rules: (1) The Central Governmentmay, by notification in the Official Gazette, make rules to carry out theprovisions of this Act.

(2) In particular, and withoutprejudice to the generality of the foregoing powers, such rules may provide forall or any of the following mattes, namely:–

(a) the manner in which theCentral 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 theCentral Government is to appoint Members to the Council from amongst the Statesand the Union territory Administration under clause (n) of sub–section(4) of section 3;

(c) the conditions of serviceof the Chairperson, the Vice–Chairperson and the Member–Secretaryunder sub–section (3), and of Members under sub–section (4) ofsection 4;

(d) the powers and duties ofthe Chairperson under sub–section (7) of section 4;

(e) the manner in which and thepersons by whom the inspection of an institution is to be made and the mannerin which the institution is to be associated in such inspection under sub–sections(1) and (2) of section 15;

(f) the fees payable onapplication for obtaining recognition under sub–section (2) of section14 and for obtaining permission under sub–section (2) of section 15;

(g) the period of limitationfor an appeal under sub–section (1) of section 18, the form in whichsuch appeal is to be made and the fees payable thereforunder sub–section (3) of that section and the procedure for disposal ofan appeal under sub–section (4) of that section;

(h) the manner in which theCentral Government is to nominate the State representatives in the ExecutiveCommittee under clause (i) of sub–section (2) of section 19;

(i) the form in which and thetime within which the budget under section 24 and the annual report undersection 25 of the Council is to be prepared;

(j) the manner and the form inwhich the accounts of the Council are to be maintained under sub–section(1) of section 26;

(k) any other matter which hasto be, or may be, prescribed.

32.Power to make regulations: (1) The Council may, bynotification in the Official Gazette, make regulations not inconsistent withthe provisions of this Act and the rules made thereunder,generally to carry out the provisions of this Act.

(2) In particular, and withoutprejudice to the generality of the foregoing power, such regulations mayprovide for all or any of the following matters, namely:–

(a) the time and the place ofthe meetings of the Council and the procedure for conducting business thereatunder sub–section (1) of section 7;

(b) the manner in which and thepurposes for which persons may be co–opted by the Council under sub–section(1) of section 9;

(c) the appointment and termsand conditions of service of officers and other employees of the Council undersub–sections (1) and (2) respectively of section 10;

(d) the norms, guidelines andstandards in respect of–

(i) the minimum qualificationsfor a person to be employed as a teacher under clause (d) of section 12;

(ii) the specified category ofcourses or training in teacher education under clause (e) of section ;

(iii) starting of new coursesor training in recognised institutions under clause(f) of section 12;

(iv) standards in respect of examinationsleading to teacher education qualifications referred to in clause (g) ofsection 12;

(v) the tuition fees and otherfees chargeable by institutions under clause (h) of section 12;

(vi) the schemes for variouslevels of teacher education, and identification of institutions for offeringteacher development programmes under clause (l) ofsection 12;

(e) the form and the manner inwhich an application for recognition is to be submitted under sub–section(l) of section 14;

(f) conditions required for theproper functioning of the institution and conditions for granting recognitionunder clause (a) of sub–section (3) of section 14;

(g) the form and the manner inwhich an application for permission is to be made under sub–section (1)of section 15;

(h) conditions required for theproper conduct of a new course or training and conditions for grantingpermission under clause (a) of sub–section (3) of section 15;

(i) the functions which may beassigned by the Council to the Executive Committee under sub–section (1)of section 19;

(j) the procedure and thequorum necessary for transaction of business at the meetings of the ExecutiveCommittee under sub–section (5) of section 19;

(k) the manner in which and thepurposes for which the Executive Committee may co–opt persons under sub–section(6) of section 19;

(l) the number of persons underclause (c) of sub–section (3) of section 20;

(m) the term of office andallowances payable to members under sub–section (5) of section 20;

(n) additional functions to beperformed by the Regional Committee under sub–section (6) of section 20;

(o) the functions of, theprocedure to be followed by, the territorial jurisdiction of, and the manner offilling casual vacancies among members of, a Regional Committee under sub–section(7) of section 20;

(p) any other matter in respectof which provision is to be or may be, made by regulations.

33.Rules and regulations to belaid before Parliament: Every rule and every regulation made under this Act shall belaid, 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 becomprised in one session or in two or more successive sessions, and if, beforethe expiry of the session immediately following the session or the successivesessions aforesaid, both Houses agree in making any modification in the rule orregulation, or both Houses agree that the rule or regulation should not bemade, the rule or regulation shall thereafter have effect only in such modifiedform or be of no effect, as the case may be; so, however, that any suchmodification or annulment shall be without prejudice to the validity ofanything previously done under that rule or regulation.

34.Power to removedifficulties: (1) If anydifficulty arises in giving effect to the provisions of this Act, the CentralGovernment may, by order, published in the Official Gazette, make suchprovisions not inconsistent with the provisions of this Act as may appear to benecessary for removing the difficulty;

Provided that no order shall bemade under this section after the expiry of two years from the commencement ofthis Act.

(2) Every order made under thissection shall be laid, as soon as may be after it is made, before each House ofParliament.

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