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ALL-INDIA COUNCIL FOR TECHNICAL EDUCATION ACT

Ministry of Law and Justice

Act nº 52 of 1987


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Act nº 52 of 1987

Preamble

THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ACT, 1987

(Act No. 52 Of 1987)

[23rd December, 1987]

PREAMBLE

An Act to provide for the establishment of an All India Council for Technical Education with a view to the proper planning and co-ordinated development of the technical education system throughout the country, the promotion of qualitative improve­ments of such education hi relation to planned quantitative growth, and the regula­tion and proper maintenance of norms and standards in the technical education system and for matters connected therewith.

BE it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:--

Chapter I

Section 1. Short title and commencement

(1 ) This Act may be called The All India Council for Technical Education Act, 1987 .

(2 ) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

1. 28-03-1988


Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a) "Commission" means the University Grants Commission established under section 4 of the University Grants Commission Act, 1956;

(b) "Council" means the All India Council for Technical Education established under section 3;

(c) "Fund" means the fund of the Council 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 in engineering technology, architecture, town planning, management, pharmacy and applied arts and crafts and such other programme or areas as the Central Government may, in consultation with the Council, by notification in the Official Gazette, declare;

(h) "technical institution" means an institution, not being a University, which offers courses or programmes of technical education, and shall include such other institutions as the Central Government may, in consultation with the Council, by notification in the Official Gazette, declare as technical institutions;

(i) ''University" means a University defined under clause (f) of section 2 of the University Grants Commission Act, 1956 and includes an institution deemed to be a University under section 3 of that Act.

Chapter II

Section 3. Establishment of the Council

(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established a Council by the name of the All India Council for Technical Education.

(2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power in contract and shall by the said name sue and be sued.

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

(4) The Council shall consist of the following members, namely :--

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

(b) a Vice-Chairman to be appointed by the Central Government;

(c) the Secretary to the Government of India in the Ministry of the Central Government dealing with education, ex offico;

(d) the Educational Adviser (General) to the Government of India, ex officio;

(e) the Chairman of the four Regional Committees, ex officio;

(f) the Chairmen of,--

(i) the All India Board of Vocational Education, ex officio;

(ii) the All India Board of Technician Education, ex officio;

(iii) the All India Board of Under-graduate Studies in Engineering and Technology, ex officio;

(iv) the All India Board of Post-Graduate Education and Research in Engineering and Technology, ex officio;

(v) the All India Board of Management Studies, ex officio;

(g) one member to be appointed by the Central Government to represent the Ministry of Finance of the Central Government;

(h) one member to be appointed by the Central Government to represent the Ministry of Science and Technology of the Central Government;

(i) four members to be appointed by the Central Government by rotation to represent the Ministries and the Department of the Central Government, other than those specified in clauses (g) and (h);

(j) two members of Parliament of whom one shall be elected by the House of the People and one by the Council of States;

(k) eight members to be appointed by the Central Government by rotation in the alphabetical order to represent the States and the Union territories :

Provided that an appointment under this clause shall be made on the recommendation of the Government of the State, or as the case may be, the Union territory concerned;

(l) four members to be appointed by the Central Government to represent the organisations in the field of industry and commerce;

(m) seven members to be appointed by the Central Government to represent,--

(i) the Central Advisory Board of Education;

(ii) the Association of Indian Universities;

(iii) the Indian Society for Technical Education;

(iv) the Council of the Indian Institutes of Technology;

(v) the Pharmacy Council of India;

(vi) the Council of Architecture;

(vii) the National Productivity Council;

(n) four members to be appointed by the Central Government to represent the professional bodies in the field of technical and management education;

(o) not more than two members to be appointed by the Central Government to represent such interests not covered by the foregoing clauses as the Central Government may deem fit;

(p) the Chairman, University Grants Commission, ex officio;

(q) the Director, Institute of Applied Manpower Research, New Delhi, ex officio;

(r) the Director-General, Indian Council of Agricultural Research, ex officio;

(s) the Director-General, Council of Scientific and Industrial Research, ex officio;

(t) Member Secretary to be appointed by the Central Government.

(5) Notwithstanding anything contained in sub-section (4),--

(a) the first Chairman shall be the Minister of Human Resource Development of the Central Government;

(b) the first Vice-Chairman of the Council shall be the Minister of State for Education of the Central Government;

(c) the first Member - Secretary of the Council shall be the Educational Adviser (Technical) of the Central Government.

Section 4. Term of office of members

(1) The term of office of a member, other than an ex officio member, on the first constitution of the Council shall be five years and thereafter three years.

(2) If a casual vacancy occurs in the office of the Chairman, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, the Vice-Chairman holding office as such for the time being shall act as the Chairman and shall, unless any other person is appointed earlier as the Chairman, hold office of the Chairman for the remainder of the term of office of the person in whose place he is to so act.

(3) If a casual vacancy occurs in the office of the Vice-Chairman or any other member, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled up by the Central Government by making a fresh appointment and the member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed,

(4) The Vice-Chairman shall perform such functions as may be assigned to him by the Chairman from time to time.

(5) The procedure to be followed by the members in the discharge of their functions shall be such as may be prescribed.

Section 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 of business at its meetings (including the quorum at such meetings) as may be provided by regulations :

Provided that the Council shall meet at least once every year.

(2) The Chairman and in his absence the Vice-Chairman shall preside at the meetings of the Council.

(3) If for any reason the Chairman or the Vice-Chairman is unable to attend any meeting of the Council any other member chosen by the members present at the meeting shall preside at the meeting.

(4) All questions which come up before any meeting of the Council shall be decided by a majority of the votes of the members present and voting, and, in the event of an equality of votes, the Chairman, or in his absence, the person presiding, shall have and exercise a second or casting vote.

Section 6. Vacancies, etc., not to Invalidate proceedings of the Council

No act or proceeding of the Council shall be invalid merely by reason of--

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

(b) any defect in the appointment of a person acting as a member of the Council; or

(c) any irregularity in the procedure of the Council not affecting the merits of the case.

Section 7. Temporary association of persons with the Council for particular purposes

(1) The Council may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in carrying out any of the provisions of this Act.

(2) A person associated with it by the Council under sub-section (1) for any purpose shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the Council, and shall not be a member for any other purpose.

Section 8. Appointment of officers and other employees of the Council

(1) For the purpose of enabling it efficiently to discharge its functions under this Act, the Council shall, subject to such regulations as may be made in this behalf, appoint (whether on deputation or otherwise) such number of officers and other employees as it may consider necessary :

Provided that the appointment of such category of officers, as may be specified in such regulations, shall be subject to the approval of the Central Government.

(2) Every officer or other employee appointed by the Council shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations.

Section 9. Authentication of orders and other instruments of the Council

All orders and decisions of the Council shall be authenticated by the signature of the Chairman 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.

Chapter III

Section 10. Functions of the Council

It shall be the duty of the Council to take all such steps as it may think fit for ensuring co-ordinated and integrated development of technical education and maintenance of standards and for the purposes of performing its functions under this Act, the Council may--

(a) undertake survey in the various fields of technical education, collect data on all related matters and make forecast of the needed growth and development in technical education;

(b) co-ordinate the development of technical education in the country at all levels;

(c) allocate and disburse out of the Fund of the Council such grant on such terms and conditions as it may think fit to--

(i) technical institutions, and

(ii) Universities imparting technical education in co-ordination with the Commission;

(d) promote innovations research and development in established and new technologies, generation, adoption and adaptation of new, technologies to meet developmental requirements and for overall improvement of educational processes;

(e) formulate schemes for promoting technical education for women, handicapped and weaker sections of the society;

(f) promote an effective link between technical education system and other relevant systems including research and development organisations, industry and the community;

(g) evolve suitable performance appraisal systems for technical institutions and Universities imparting technical education, incorporating norms and mechanisms for enforcing accountability;

(h) formulate schemes for the initial and in-service training of teachers and identify institutions or centres and set up new centres for offering staff development programmes including continuing education of teachers;

(i) lay down norms and standards for courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment and examinations;

(j) fix norms and guidelines for charging tuition and other fees;

(k) grant approval for starting new technical institutions and for introduction of new courses or programmes in consultation with the agencies concerned;

(l) advice the Central Government in respect of grant of charter to any professional body or institution in the field, of technical education conferring powers, rights and privileges on it for the promotion of such profession in its field including conduct of examination and awarding of membership certificates;

(m) lay down norms for granting autonomy to technical institutions;

(n) take all necessary steps to prevent commercialisation of technical education;

(o) provided guidelines for admission of students to technical institutions and Universities imparting technical education;

(p) inspect or cause to inspect any technical institution;

(q) withhold or discontinue grants in respect of courses, programmes to such technical institutions which fail to comply with the directions given by the Council within the stipulated period of time and take such other steps as may be necessary for ensuring compliance of the directions of the Council;

(r) take steps to strengthen the existing organisations and to set up new organisations to ensure effective discharge of the Council's responsibilities and to create positions of professional, technical and supporting staff based on requirements;

(s) declare technical institutions at various levels and types offering courses in technical education fit to receive grants;

(t) advice the Commission for declaring any institution imparting technical education as a deemed University;

(u) set up a National Board of Accreditation to periodically conduct evaluation of technical institutions or programmes on the basis of guidelines, norms and standards specified by it and to make recommendation to it, or to the Council or to the Commission or to other bodies, regarding recognition or derecognition of the institution or the programme;

(v) perform such other functions as may be prescribed.

Section 11. Inspection

(1) For the purposes of ascertaining the financial needs of a technical institution or a University or its standards of teaching examination and research, the Council may cause an inspection of any department or departments of such technical institution or University to be made in such manner as may be prescribed and by such person or persons as it may direct.

(2) The Council shall communicate to the technical institution or University the date on which any inspection under sub-section (1) is to be made and the technical institution or University shall be entitled to be associated with the inspection in such manner as may be prescribed.

(3) The Council shall communicate to the technical institution or the University, its views in regard to the results of any such inspection and may, after ascertaining the opinion of that technical institution or University, recommend to that institution or University the action to be taken as a result of such inspection.

(4) All communications to a technical institution or University under this section shall be made to the executive authority thereof and the executive authority of the technical institution or University shall report to the Council the action, if any, which is proposed to be taken for the purposes of implementing any such recommendation as is referred to in sub-section (3).