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ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ACT, 1987
52 of 1987
STATEMENT OF OBJECTS AND REASONS The All India Council for Technical Education (AICTE) was set up in 1945 by a Government resolution as a National Expert body to advice the Central and the State Governments for ensuring the co-ordinated development of technical education in accordance with approved standards. During the first three decades the Council functioned quite effectively and there was phenomenal development of technical education in this period. However, in recent years, a large number of private engineering colleges and polytechnics have come up in complete disregard of the guidelines, laid down by the AICTE. Most of these institutions have serious deficiencies in terms of even the rudimentary infrastructure necessary for imparting proper education and training. Barring some exceptions, there is scant regard for maintenance of educational standards. 2. Taking into account the growing erosion of standards, the Council at its meeting held in 1981 came to the conclusion that a stage had been reached when it should be vested with statutory powers to regulate and maintain standards of technical education in the country. In pursuance of these and other recommendations, a National Working Group was set up in November, 1985 to look into the role of the AICTE. The National Working Group recommended that in order to enable the AICTE to play its role effectively, it shall have to be vested with necessary statutory authority. The National Policy on Education, 1986, also stipulated that the AICTE will be vested with statutory authority for planning, formulation and the maintenance of norms and standards, accreditation, funding of priority areas, monitoring and evaluation, maintaining parity of certificates and awards and ensuring the co-ordinated and integrated development of technical and management education. 3. The Bill seeks to provide statutory powers to the All India Council for Technical Education to ensure: (i) proper planning and co-ordinated development of the technical education system throughout the country; (ii) promotion of qualitative improvement of technical education in relation of planned quantitative growth, and (iii) regulation of the system and proper maintenance of norms and standards. Accordingly, the powers and functions assigned to the AICTE, inter alia, provide laying down norms and standards for programmes and institutions, giving approval for setting up of technical institutions, prescribing guidelines for admission of students and the charging of fees, and inspecting and evaluating institutions periodically with a view to maintaining standards and to provide recognition or withhold recognition of programmes and institutions. As part of this overall co-ordination and development responsibilities, the AICTE will also give grants to institutions for identified developmental purposes. In addition, the AICTE will promote innovation, research and development, linkages with industry and greater access to technical education by women, handicapped, and the weaker sections of the society. 4. The Bill seeks to achieve the above objective. - S.O.R. - Gaz. of Ind., 31-8- 1987, Pt. II, S. 2, Ext" p. 71 (No. 45).
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 in 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 01: PRELIMINARY
SECTION 01: 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.
SECTION 02: 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 undersection 3-of that Act.
CHAPTER 02: ESTABLISHMENT OF THE COUNCIL
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 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 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 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 office;
(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 Techno- logy, ex officio;
(iv) the All India Board of Post-Graduate Education and Research in Engineer- ing 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 04: 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 05: 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 07: 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 08: 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.
CHAPTER 03: POWERS AND FUNCTIONS OF THE COUNCIL
SECTION 09: 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.
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;<
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