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NATIONAL COUNCIL FOR TEACHER EDUCATION ACT, 1993

73 of 1993

29th December, 1993

STATEMENT OF OBJECTS AND REASONS The National Council for Teacher Education (NCTE) was set up in 1973 by a Government Resolution as a National expert body to advise Central and State Governments on all matters pertaining to teacher education. NOTE'S status and role have so far been purely advisory and, mainly due to this reason, it has had very little impact on the standards of teacher training institutions in the country and on their unplanned growth. 2. To maintain the standards of teacher education, the National Policy on Education (NPE) stated that the NCTE would be provided with necessary resources and capability to accredit institutions of teacher education and provide guidance regarding curricula and methods. The Programme of Action prepared for implementation of the NPE in 1986, realising the inherent difficulties in the constitution of the NCTE to be able to guide the system of teacher education, envisaged conferring it with statutory status. 3. The present Bill seeks to provide statutory powers to the NCTE with the objective of determination, maintenance and coordination of standards in teacher education, laying down norms and guidelines for various courses, promotion of innovation in this field and establishment of a suitable system of continuing education of teachers. 4. The Bill seeks to empower the Council to make qualitative improvement in the system of teacher education by phasing out sub-standard institutions and courses for teacher education. The NCTE would also be empowered to grant recognition to institutions for teacher education and permission to recognised institutions for new course or training in teacher education. The Bill also provides for delegation of various powers to Regional Committees and other Committee for effective implementation of the function of the Council. 5. The Notes on Clauses appended to the Bill explain the various provisions of the Bill. 6. The Bill seeks to achieve the above objects. -Gaz. of Ind., 24-11 -92, Pt. II, S. 2 Ext., p. 54 (No. 56).

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 01: 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 date ¹ as the Central Government may, by notification in the fficial Gazette, appoint.

SECTION 02: 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 underclause (a) of sub-section (4) 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

(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- ;

(1) "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 nonformal education, part-time 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 03: 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 inindia.

(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;

(1) 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-

(i) Deans of Faculties of Education and Professor of Education in -Four; Universities (ii) experts in secondary teacher education - One; (iii) experts in pre-primary and primary teacher education -Three; (iv) experts in non-formal education and adult education . -Two; (v) experts in the Field of natural sciences, social sciences, --Three; 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 teachers 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 04: 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 time 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 as may be assigned to him by the Chairperson from time to time.

SECTION 05: 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

(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 06: 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

(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 07: 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 08: 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

SECTION 09: 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.

SECTION 12: FUNCTIONS OF THE COUNCIL

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

(a) undertake surveys and studies relating to various aspects of teacher education and publish the result thereof;

(b) make recommendations to the Central and State Governments, Universities, University Grants Commission and recognised institutions in the matter of preparation of suitable plans and programmes in the field of teacher education;

(d) lay down guidelines in respect of minimum qualifications for a person to be employed as a teacher in schools or in recognised institutions;

(e) lay down norms for any specified category of courses or trainings in teacher education, including the minimum eligibility criteria for admission thereof, and the method of selection of candidates, duration of the course, course contents and mode of curriculum;

(f) lay down guidelines for compliance by recognised institutions, for starting new courses or training, and for providing physical and instructional facilities, staffing pattern and staff qualifications;

(g) lay down standards in respect of examinations leading to teacher education qualifications, criteria for admission to such examinations and schemes of courses of training;

(h) lay down guidelines regarding tuition fees and other fees chargeable by recognised institutions;

(i) promote and conduct innovation and research in various areas of teacher education and disseminate the results thereof;

(j) examine and review periodically the implementation of the norms, guidelines and standards laid down by the Council, and to suitably advise the recognised institutions;

(k) evolve suitable performance appraisal systems, norms and mechanisms for enforcing accountability on recognised institutions:

(1) formulate schemes for various levels of teacher education and identify recognised institutions and set up new institutions for teacher development programmes;

(m) take all necessary steps to prevent commercialisation of teacher education; and

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

SECTION 13: INSPECTION

( 1 ) For the purposes of ascertaining whether the recognised institutions are functioning in accordance with the provisions of this Act, the Council may cause inspection of any such institution, to be made by such persons as it may direct, and in such manner as may be prescribed.

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

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

(4) All communications to the institution under this section shall be made to the executive authority thereof, and the executive authority of the institution 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).

SECTION 14: RECOGNITION OF INSTITUTIONS OFFERING COURSE OR TRAINING IN TEACHER EDUCATION

( 1 ) Every institution offering or intending to offer a course or training in teacher education on or after the appointed day may, for grant of recognition under this Act, make art application to the Regional Committee concerned in such form and in such manner as may be determined by regulations; Provided that an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months, if it has made an application for recognition within the said period and until the disposal of the application by the Regional Committee.

(2) The fee to be paid along with the application under sub-section (1) shall be such as may be prescribed.

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