THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ACT, 1987
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THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ACT, 1987
Title : THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ACT, 1987
Year : 1987
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 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 and all the receipts of the Council (including any sum which any State Government or any other authority or person may hand over 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, subject to the approval of the Central Government, 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 re-ceipts 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 and other books in relation to its accounts in such form and in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed.
(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 together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament.
(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.
(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 duty imposed on it by or under this Act or has exceeded or abused its powers, or has willfully or without sufficient cause, failed, to comply with any direction issued by the Central Government under Section 20, 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 this sub-section, the Central Government shall give a reasonable time 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 council,-
(a) All the members of the Council shall, notwithstanding that their term of office had not expired, as from the date of supersession, vacate their offices as such members;
(b) All the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Council shall, during the period of supersession, be Exercised and performed by such person or persons as the Central Government may direct.
(c) All property vested in the Council shall, during the period of supersession, vest in the Central Government.
(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may-
(a) Extend the period of supersession for such further period as it may consider necessary; or
(b) Reconstitute the Council in the manner provided in section 3.
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) The procedure to be followed by the members in the discharge of their functions;
(b) The inspection of technical institutions and Universities;
(c) The form and manner in which the budget and reports are to be prepared by the Council;
(d) The manner in which the accounts of the Council are to be maintained; and
(e) Any other matter which has to be, or may be, prescribed.
(1) The Council may, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act, and the Rules generally to carry out the purposes 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) Regulating the meetings of the Council and the procedure for conducting business thereat;
(b) The terms and conditions of service of the officers and employees of the Council;
(c) Regulating the meetings of the Executive Committee and the procedure for conducting business thereat:
(d) The area of concern, the constitution, and powers and functions of the Board of Studies;
(e) The region for which the Regional Committee be established and the constitution and functions of such Committee.
Every rule and every regula¬tion 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 regula¬tion should not be made, the rule or regulation shall thereafter have effect only in such modi¬fied 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 or 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 its made, before each House of Parliament.
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