NATIONAL COUNCIL FOR TEACHER EDUCATION ACT, 1993
(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 date1 as the Central Government may, by notification in the Official Gazette, appoint.
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1. Came into force on 1-7-1995, vide S.O. 620(E), dated 1st July, 1995, published in the Gazette of India, Pt. II, Sec. 3(ii), dated 10th July, 1995.
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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;
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(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-Chair
(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 (l) 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 o
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.
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:
(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
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.
(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.
(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.
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.
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;
(c) co-ordinate and monitor teacher education and its development in the country;
(d) lay do
(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
(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 an 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.
(3) On receipt of an application by the Regional Committee fr
(1) Where any recognised institution intends to start any new course or training in teacher education, it may make an application to seek permission therefor to the Regional Committee concerned in such form and in such manner as may be determined by regulations.
(2) The fees to be paid along with the application under sub-section (1) shall be such as may be prescribed.
(3) On receipt of an application from an institution under sub-section (1), and after obtaining from the recognised institution such other particulars as may be considered necessary, the Regional Committee shall,—
(a) if it is satisfied that such recognised institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper conduct of
Notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day,—
(a) grant affiliation, whether provisional or otherwise, to any institution; or
(b) hold examination, whether provisional or otherwise, for a course or training conducted by a recognised institution,
unless the institution concerned has obtained recognition from the Regional Committee concerned, under section 14 or permission for a course or training under section 15.
No institution shall admit any student to a course or training in teacher education, unless the institution concerned has obtained recognition under section 14 or permission under section 15, as the case may be.]
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1. Ins. by the National Council for Teacher Education (Amendment and Validation) Ordinance, 2006 (Ord. 2 of 2006), clause 2 (w.e.f. 11-7-2006).
(1) Where the Regional Committee is, on its own motion or on any representation received from any person, satisfied that a recognised institution has contravened any of the provisions of this Act, or the rules, regulations orders made or issued thereunder, or any condition subject to which recognition under 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 in writing:
Provided that no such order against the recognised institution shall be passed unless a reasonable opportunity of making representation against the proposed order has been given to such recognised institution:
Provided further that the order withdrawing or refusing recognition passed by the Regional Committee shall come into force only with effec
This Chapter shall remain in force for a period of six months from the specified date, but its expiry under the operation of this section shall not affect—
(a) the previous operation of, or anything duly done or suffered under this Chapter, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under this Chapter, or
(c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability as aforesaid,
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced as if this Chapter had not expired.
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* Section 18G ins. by the
Anything done or any action taken or any effect given in terms of sections 18B, 18C, 18D and 18E shall be valid, notwithstanding any judgment, decree or order of any court, tribunal or other authority to the contrary:
Provided that where any unrecognised institution offering a course or training in teacher education before the specified date was directed by any court, tribunal or other authority to return the fees and pay compensation to students admitted by such institution, such institution shall comply with such direction:
Provided further that in respect of students whose qualifications are deemed to have been validly obtained under section 18E, the amount of fees and compensation shall be credited to the Fund of the Council.
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Notwithstanding anything contained in sub-section (4) of section 17, where an institution offering a course or training in teacher education before the specified date, obtains recognition by virtue of sub-section (4) of section 18B or sub-section (4) of section 18C, the qualification in teacher education obtained pursuant to such course or training or after undertaking a course or training in such institution, shall be deemed to have been validly obtained.
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* Section 18E ins. by the National Council for Teacher Education (Amendment and Validation) Ordinance, 2006 (Ord. 2 of 2006), clause 3 (w.e.f. 11-7-2006).
Notwithstanding anything contained in section 16, where an institution offering a course or training in teacher education before the specified date, obtains recognition by virtue of sub-section (4) of section 18B or sub-section (4) of section 18C, the affiliation granted by an examining body to, and the examination held for a course or training conducted by, such institution, shall be deemed to have been validly granted and held, as the case may be.
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* Section 18D ins. by the National Council for Teacher Education (Amendment and Validation) Ordinance, 2006 (Ord. 2 of 2006), clause 3 (w.e.f. 11-7-2006).
(1) Where an institution, offering a course or training in teacher education before the specified date, was refused recognition under clause (b) of sub-section (3) of section 14 and it failed to prefer an appeal under sub-section (1) of section 18, but an examining body granted affiliation to, and held examination for a course or training conducted by, such institution, or such examination was due, before the specified date, such institution may prefer an appeal to the Council within a period of sixty days from the specified date.
(2) An appeal under sub-section (1) shall be accompanied with such fee as is prescribed for an appeal under sub-section (3) of section 18.
(3) An appeal under sub-section (1) shall be in the same form and dealt with in the same manner as an appeal preferred under sub-section (1) of section 18.
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(1) Where an institution, offering a course or training in teacher education before the specified date, failed to make an application under sub-section (1) of section 14, but an examining body granted affiliation to, and held examination for a course or training in teacher education conducted by, such institution, or such examination was due, before the specified date, the provisions of this Chapter shall apply in respect of such institution.
(2) An institution falling under sub-section (1) may make an application to the Regional Committee concerned in such form and within such period and along with such fee, as may be prescribed.
(3) An application under sub-section (2) shall be dealt with in such manner as may be prescribed.
(4) An order granting recognition to an institution on its applicat
In this Chapter, “specified date” means the date of commencement of the National Council for Teacher Education (Amendment and Validation) Ordinance, 2006.
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* Section 18A ins. by the National Council for Teacher Education (Amendment and Validation) Ordinance, 2006 (Ord. 2 of 2006), clause 3 (w.e.f. 11-7-2006).
(1) Any person aggrieved by an order made under section 14 or section 15 or section 17 of the Act may prefer an appeal to the Council within such period as may be prescribed.
(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:
Provided that an appeal may be admitted after the expiry of the period prescribed therefor, if the appellant satisfied the Council that he had sufficient cause for not preferring the appeal within the prescribed period.
(3) Every appeal made under this section shall be made in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed.
(4) The procedure for disposing of an appeal shall be such as may be prescribed:
(1) The Council shall constitute a Committee, called the Executive Committee for discharging such functions as may be assigned to it by the Council or as may be determined by regulations.
(2) The Executive Committee shall consist of the following members, namely:—
(a) the Chairperson;
(b) the Vice-Chairperson;
(c) the Member-Secretary;
(d) the Secretary to the Government of India in the Department dealing with Education ex officio;
(e) the Secretary, University Grants Commission, ex officio;
(f) the Director, National Council of Educational Research and Training, ex of
(1) The Council shall, by notification in the Official Gazette, establish the following Regional Committees, namely:—
(i) the Eastern Regional Committee;
(ii) the Western Regional Committee;
(iii) the Northern Regional Committee; and
(iv) the Southern Regional Committee.
(2) The Council may, if it considers necessary, establish with the approval of the Central Government, such other Regional Committees as it may deem fit.
(3) The Regional Committee shall consist of the following members, namely:—
(a) a Member to be nominated by the Council;
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(1) If the Council is of the opinion that a Regional Committee is unable to perform, or has persistently made default in the performance of the duties imposed on it by or under this Act or has exceeded or abused its powers, or has wilfully or without sufficient cause, failed to comply with any direction issued by the Council for carrying out the provisions of this Act, the Council may, by notification in the Official Gazette, terminate forthwith the Regional Committee.
(2) Upon the publication of a notification under sub-section (1),—
(a) all members of the Regional Committee shall, notwithstanding that their term of office had not expired, as from the date of the termination, vacate their office as such members; and
(b) all the powers and duties which may, by or under the prov
The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Council in each financial year such sums as may be considered necessary for the performance of the functions of the Council under this Act.
(1) The Council shall have its own fund; and all sums which may, from time to time, be paid to it by the Central 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 may pay to the Council, shall be credited to the fund and all payments by the Council shall be made therefrom.
(2) All moneys belonging to the fund shall be deposited in such banks or invested in such manner as may be decided by the Council.
(3) The Council may spend such sums as it thinks fit for performing its functions under this Act; and such sums shall be treated as expenditure payable out of the fund of the Council.
The Council shall prepare, in such form and at such time each year as may be prescribed, a budget in respect of the financial year next ensuing, showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the Central Government.
The Council shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament.
(1) The Council shall cause to be maintained such books of account in such form and in such manner as the Central Government may, in consultation with the Comptroller and Auditor-General of India, prescribe.
(2) The Council shall, as soon as may be, after closing its annual accounts, prepare a statement of accounts in such form and forward the same to the Comptroller and Auditor-General of India by such date as the Central Government may, in consultation with the Comptroller and Auditor-General, determine.
(3) The accounts of the Council shall be audited by the Comptroller and Auditor-General of India at such times and in such manner as he thinks fit.
(4) The accounts of the Council as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf
The Council may, by general or special order in writing, delegate to the chairperson or to any other member or to any officer of the Regional Committee, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act (except the power to make regulations under section 32), as it may deem necessary.
No prosecution or other legal proceeding shall lie against the Central Government, the Council or any committees appointed by it, or any Member of the Council or member of such committees, or any officer or employee of the Central Government or the Council or any other person authorised by that Government or the Council, for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
(1) The Council shall, in the discharge of its functions and duties under this Act be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time.
(2) The decision of the Central Government as to whether a question is one of policy or not shall be final.
An institution which contravenes section 17A shall be liable to pay to the Council a penalty of an amount equal to double the amount received from each student against his admission in such institution:
Provided that before imposing any penalty, the Council shall give to the institution concerned a reasonable opportunity of being heard.]
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1. Ins. by the National Council for Teacher Education (Amendment and Validation) Ordinance, 2006 (Ord. 2 of 2006), clause 4 (w.e.f. 11-7-2006).
(1) If the Central Government is of the opinion that the Council is unable to perform, or has persistently made default in the performance of the duties imposed on it by or under this Act or has exceeded or abused its powers, or has wilfully or without sufficient cause, failed to comply with any direction issued by the Central Government under section 29, the Central Government may, by notification in the Official Gazette, supersede the Council for such period as may be specified in the notification:
Provided that before issuing a notification under the sub-section, the Central Government shall give a reasonable opportunity to the Council to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the Council.
(2) Upon the publication of a notification under sub-section (1) superseding the
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—
(a) the manner in which the Central 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 the Central Government is to appoint Members to the Council from amongst the States and the Union territory Administrations under clause (n) of subsection (4) of section 3;
(c) the conditions of service of the Chairperson, the Vice-Chairperson and the Member-Secretary under s
(1) The Council may, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, generally to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
(a) the time and the place of the meetings of the Council and the procedure for conducting business thereat under sub-section (1) of section 7;
(b) the manner in which and the purposes for which persons may be co-opted by the Council under sub-section (1) of section 9;
(c) the appointment and terms and conditions of service of officers and other employees of th
Every rule and every regulation made under this Act shall be laid, 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 be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule of regulation.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made before each House of Parliament.
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