THE NATIONAL COUNCIL FOR TEACHER EDUCATION ACT, 1993
[Act, 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 matter connected therewith.
BE it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows :--
Section 1. Short title, extent and commencement
(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 date1as the Central Government may, by notification in the Official Gazette, appoint.
Section 2. Definitions
In this Act, unless the context otherwise requires,--
(a) "appointed day" means the date of establishment of the National Council for Teacher Education under sub-section (1) of section 3;
(b) "Chairperson" means the Chairperson of the Council appointed under clause (a) of subsection (4) of section 3;
(c) "Council" means the National Council for Teacher Education established under subsection (1) of section 3;
(d) "examining body" means a University, agency or authority to which an institution is affiliated for conducting examinations in teacher education qualifications;
(e) "institution" means an institution which offers courses or training in teacher education;
(f) "Member" means a Member of the Council and includes the Chairperson and Vice-Chairperson;
(g) "Member-Secretary" means the Member-Secretary of the Council appointed under clause (c) of sub-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) "Regional Committee" means a committee established under section 20;
(k) "regulations" means regulations made under section 32;
(l) "teacher education" means programmes of education, research or training of persons for equipping them to teach at pre-primary, primary, secondary and senior secondary stages in schools, and includes non-formal education, part-lime education, adult education and correspondence education;
(m) "teacher education qualification" means a degree, diploma or certificate in teacher education awarded by a University or examining body in accordance with the provisions of this Act;
(n) "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;
(o) "Vice-Chairperson" means the Vice-Chairperson of the Council appointed under clause (b) of sub-section (4) of section 3.
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 to be called the National Council for Teacher Education.
(2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to 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 regional offices at other places in India.
(4) The Council shall consist of the following Members, namely:--
(a) a Chairperson to be appointed by the Central Government;
(b) a Vice-Chairperson to be appointed by the Central Government;
(c) a Member-Secretary to be appointed by the Central Government;
(d) the Secretary to the Government of India in the Department dealing with Education ex officio;
(e) the Chairman, University Grants Commission established under section 4 of the University Grants Commission Act, 1956 or a member thereof nominated by him, ex officio;
(j) the Director, National Council of Educational Research and Training, ex officio;
(g) the Director, National Institute of Educational Planning and Administration, ex officio;
(h) the Adviser (Education), Planning Commission, ex officio;
(i) the Chairman, Central Boards of Secondary Education, ex officio;
(j) the Financial Adviser to the Government of India in the Department dealing with Education, ex officio;
(k) the Member-Secretary, All-India Council for Technical Education, ex officio;
(l) the Chairpersons of all Regional Committee, ex officio;
(m) thirteen persons possessing experience and knowledge in the field of education or teaching to be appointed by the Central Government as under, from amongst the--
Deans of Faculties of Education and Professor of Education in Universities
experts in secondary teacher education
experts in pre-primary and primary teacher education
experts innon-formaleducation and aduk education
experts in the field of natural sciences, social sciences, linguistics, vocational education, work experience, educational technology and special education, by rotation, in the manner prescribed
(n) nine Members to be appointed by the Central Government to represent the States and the Union territory Administrations in the manner prescribed;
(o) three Members of Parliament of whom one shall be nominated by the Chairman of the Council of States and two by the Speaker of the House of the People;
(p) three Members to be appointed by the Central Government from amongst teachers of primary and secondary education and leachers of recognised institutions.
(5) It is hereby declared that the office of the Member of the Council shall not disqualify its holder for being chosen as or for being a member of either House of Parliament.
Section 4. Term of office and conditions of service of Members
(1) The Chairperson, Vice-Chairperson and the Member-Secretary shall hold office on a full-time basis.
(2) The term of office of the Chairperson, the Vice-Chairperson and the Member-Secretary shall be four years, or till they complete the age of sixty years, whichever is earlier.
(3) The conditions of service of the Chairperson, the Vice-Chairperson and the Member-Secretary shall be such as may be prescribed.
(4) The term of office of Members [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 till fresh appointments are made, whichever is later, and other conditions of service of such Members shall be such as may be prescribed.
(5) If a casual vacancy occurs in the office of Chairperson whether by reason of death, resignation or inability to discharge the functions of a Chairperson owing to illness or other incapacity, the Vice-Chairperson holding office as such for the lime being, shall act as the Chairperson and shall, unless any other person is appointed earlier as Chairperson, hold office of the Chairperson for the remainder of the term of office of the person in whose place the said person is to so act.
(6) If a casual vacancy occurs in the office of the Vice-Chairperson or any other Member, whether by reason of death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled up by making fresh appointment and the person so appointed shall hold office for the remainder of the term of the office of the person in whose place such person is so appointed.
(7) The Chairperson shall, in addition to presiding over the meetings of the Council, exercise and discharge such powers and duties of the Council as may be delegated to him by the Council and such other powers and duties as may be prescribed.
(8) The Vice-Chairperson shall perform such functions us may be assigned to him by the Chairperson from time to time.
Section 5. Disqualification for office of Member
A person shall be disqualified for being appointed as a Member if he--
(a) has been convicted and sentenced to imprisonment for an offence, which, in the opinion of the Central Government, involves moral turpitude: or
(b) is an undischarged insolvent; or
(c) is of unsound mind and stands so declared by a competent court; or
(d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or
(e) has in the opinion of the Central Government such financial or other interest in the Council as is likely to affect prejudicially the discharge by him of his functions as Member.
Section 6. Vacation of office of Member
The Central Government shall remove a Member if he--
(a) becomes subject to any of the disqualifications mentioned in section 5; Provided that no Member shall be removed on the ground that he has become subject to the disqualification mentioned in clause (e) of that section, unless he has been given a reasonable opportunity of being heard in the matter; or
(b) refuses to act or becomes incapable of acting; or
(c) is without obtaining leave of absence from the Council, absent from three consecutive meetings of the Council; or
(d) in the opinion of the Central Government, has so abused his position as to render his continuance in office detrimental to the public interest;
Provided that no Member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter.
Section 7. 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 Chairperson, and in the absence of the Chairperson, the Vice-Chairperson shall preside at the meetings of the Council.
(3) If for any reason the Chairperson and the Vice-Chairperson, both are unable to attend any meeting of the Council, any other Member chosen by the Members present at the meeting shall preside at that meeting.
(4) All questions which come up before any meeting of the Council shall be decided by a majority of votes of the Members present and voting and in the event of any equality of votes, the Chairperson, or in the absence of the Chairperson the person presiding, shall have and exercise a second or casting vote.
Section 8. 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 9. Power to co-opt
(1) The Council may co-opt., in such manner and for such purposes as may be determined by regulations, not more than three persons, whose assistance or advice it may desire in carrying out any of the provisions of this Act.
(2) The person co-opted 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 10. Appointment of officers and other employees of the Council
(1) For the purpose of enabling the Council to discharge its functions efficiently 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 category of posts equivalent to Group 'A' posts in the Central Government 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 as may be determined by regulations.
Section 11. Authentication of the orders and other instruments of the Council
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.