27. Delagation of powers and functions.—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.
28. Protection of action taken in good faith.—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
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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.
29. Directions by the Central Government.—(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.
30. Power to supersede the Council.—(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 power, 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 this sub-section, the Central Government shall give
reasonable opportunity to the Council to show cause why it should not be superseded and shall consider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 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 expiry 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.
31. Power to make rules.—(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 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 sub-section (4) of
section 3;
(c) the conditions of service of the Chairperson, the Vice-Chairperson and the Member-Secretary
under sub-section (3) and of Members under sub-section (4) of section 4;
(d) the powers and duties of the Chairperson under sub-section (7) of section 4;
(e) the manner in which and the persons by whom the inspection of an institution is to be made
and the manner in which the institution is to be associated in such inspection under sub-sections (1)
and (2) of section 13;
(f) the fees payable on application for obtaining recognition under sub-section (2) of section 14
and for obtaining permission under sub-section (2) of section 15;
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(g) the period of limitation for an appeal under sub-section (1) of section 18, the form in which
such appeal is to be made and the fees payable therefor under sub-section (3) of that section and the
procedure for disposal of an appeal under sub-section (4) of that section;
(h) the manner in which the Central Government is to nominate the State representatives in the
Executive Committee under clause (i) of sub-section (2) of section 19;
(i) the form in which and the time within which the budget under section 24 and the annual report
under section 25 of the Council is to be prepared;
(j) the manner and the form in which the accounts of the Council are to be maintained under
sub-section (1) of section 26;
(k) any other matter which has to be, or may be, prescribed.
32. Power to make regulations.—(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 the
Council under sub-sections (1) and (2) respectively of section 10;
(d) the norms, guidelines and standards in respect of—
(i) the minimum qualifications for a person to be employed as a teacher under clause (d) of
section 12;
(ii) the specified category of courses or training in teacher education under clause (e) of
section 12;
(iii) starting of new courses or training in recognised institutions under clause (f) of
section 12;
(iv) standards in respect of examinations leading to teacher education qualifications referred
to in clause (g) of section 12;
(v) the tuition fees and other fees chargeable by institutions under clause (h) of section 12;
(vi) the schemes for various levels of teacher education, and identification of institutions for
offering teacher development programmes under clause (l) of section 12;
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[(dd) the qualifications of teachers under section 12A;]
(e) the form and the manner in which an application for recognition is to be submitted under
sub-section (1) of section 14;
(f) conditions required for the proper functioning of the institution and conditions for granting
recognition under clause (a) of sub-section (3) of section 14;
(g) the form and the manner in which an application for permission is to be made under
sub-section (1) of section 15;
(h) conditions required for the proper conduct of a new course or training and conditions for
granting permission under clause (a) of sub-section (3) of section 15;
1. Ins. by Act 18 of 2011, s. 7 (w.e.f. 1-6-2012).
16
(i) the functions which may be assigned by the Council to the Executive Committee under
sub-section (1) of section 19;
(j) the procedure and the quorum necessary for transaction of business at the meetings of the
Executive Committee under sub-section (5) of section 19;
(k) the manner in which and the purposes for which the Executive Committee may co-opt persons
under sub-section (6) of section 19;
(l) the number of persons under clause (c) of sub-section (3) of section 20;
(m) the term of office and allowances payable to members under sub-section (5) of section 20;
(n) additional functions to be performed by the Regional Committee under sub-section (6) of
section 20;
(o) the functions of, the procedure to be followed by, the territorial jurisdiction of, and the manner
of filling casual vacancies among members of, a Regional Committee under sub-section (7) of
section 20;
(p) any other matter in respect of which provision is to be, or may be, made by regulations.
33. Rules and regulations to be laid before Parliament.—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 House agree in making any modification in the rule or regulation, or
both House 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 or regulation.
34. Power to remove difficulties.—(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.