The Meghalaya State Council for Technical Education Act, 1993, Act No.6 of 1993

ME
GHALAYA ACT 6 OF 1993 
THE MEGHALAYA STATE COUNCIL FOR TECHNICAL EDUCATION 
 ACT, 1993 
            (As passed by the Meghalaya Legislative Assembly) 
Received the assent of the Governor on the 28th May, 1993 
(Published in the Gazette of Meghalaya, Extra-ordinary issue, 
 dated 31st May, 1993) 
An 
Act 
To provide for the establishment of a State Council for Technical education for the promotion 
of technical at polytechnic level and for matters connected therewith. 
Be it enacted by the Legislature of the State Meghalaya in the Forty-fourth Year of the 
Republic of India as follows:- 
Short title extent and 
Commencement 
 
 
Definitions 
 
1 
 
 
 
2 
(1) This Act may be called the Meghalaya State 
Council for Technical education  Act, 1993 
(2) It shall be deemed to have come into force on 
the 10
th June, 1992 
In this Act, unless the context otherwise 
requires- 
(a) “Act means the Meghalaya State Council for 
Technical Education Act, 1993. 
(b) “Council” means the Council for Technical 
Education established under section 3; 
(c) “Chairman” means the Chairman of the Council; 
(d) “Committee” means a committee appointed under 
section II; 
(e) “member” means a member of the Council; 
(f) “polytechnic” means an institution where a 
diploma course of study in engineering or 
technical subject is provided; 
(g) “prescribed” means prescribed by rules or 
regulations, as the case may be; 
(h) “recognised” means recognised by the Council; 
(i) “regulations” means the regulations made by the 
Council Under this Act; 
(j) “rules” means the rules made by the State 
Government under this Act; 
 
 
 
 
 
 
 
 
Establishment of a Council 
 
 
 
 
 
 
 
Consequence of establishment of the 
Council 
 
 
 
 
 
 
 
 
 
 
 
(k) “Secretary” means a Secretary of the Council 
appointed under sub- section (3) and includes a 
Member-Secretary referred to in sub -section (4) 
of section 5; 
(l) “Section” means a section of the Act; and 
(m) “State Government” means the Government of 
the State of Meghalaya. 
3.     (1) The State Government may, by notification 
in the Official Gazette, establish with effect from the 
date to be specified in the notification Council for 
Technical Education to be called the Meghalaya 
State Council for Technical Education 
          (2) The Council shall be a body corporate 
having perpetual succession and a common seal and 
shall by the said name sue and be sued 
4.     On the e stablishment of the Council (in this 
section referred to as the Meghalaya Council)- 
(a) The State Council for Technical Education of 
Assam (hereinafter referred to as the Assam 
Council) shall cease to have jurisdiction in relation 
to polytechnic located in Meghalaya. 
 
(b)Any reference to the Assam Council in any 
contract of instruments shall be construed as a 
reference to the Meghalaya Council. 
 
(c) Subject to the provisions of this Act, any 
polytechnic recognised by or affiliated to the 
Assam Council immediate ly before the 
establishment of the Meghalaya Council shall be 
deemed to be a polytechnic recognised by or, as 
the case may be affiliated to the Meghalaya 
Council; 
(d) Any certificate, diploma or academic distinction 
awarded by the Assam Council or any competent 
authority immediately before the establishment 
of the Meghalaya Council shall be deemed to 
have been awarded under the provisions of this 
Act; and 
(e) Any rule, regulation or order made prior to the 
commencement of this Act by any competent 
authority in rela tions polytechnic or the course 
of study therein shall be deemed to have been 
made under the corresponding provisions of this 
Act. 
 
 
Composition of the Council 5.   (1) The Council shall consist of the following members 
namely:- 
(a) A chairman to be appointed by the State Government 
(b) one member of the Meghalaya State Legislative 
Assembly to be nominated by the Speaker; 
(c) Commissioner & Secretary to the Government  of 
Meghalaya, Education department or his nominee; 
(d) Commissioner & Secretary to the Governmen t of 
Meghalaya, Finance department or his nominee; 
(e) Secretary to the Government of Meghalaya P.W.D 
Shillong; 
(f) the Director of Public Instruction, Meghalaya; 
(g) the Director of Technical Education or when there is no 
Director, the Additional Director of Technical 
Education; 
(h) the Director of Industries, Meghalaya; 
(i) the Commissioner of Labour, Meghalaya; 
(j) not more than two representatives to be nominated from 
recognised Polytechnics by the State Government; 
(k) a representative of the Central Government to be 
nominated by that Government. 
(l) a representative of the all India Council for Technical 
Education; 
(m) The Principal, Technical Teachers Training Institute, 
Eastern Region, Calcutta. 
(n) two non- official persons to be appointed by the State 
Government from amongst t hose who are conversent 
with technical education of whom one should be a lady; 
and  
(o) two representative, one each from the public sector 
undertakings and the other from the private sector 
undertakings to be nominated by the State Government  
(2) The State G overnment may, if it considers it necessary 
also appoint one of the members to be the Vice -Chairman 
of the Council. 
(3) The State Government may appoint a person to be a 
Secretary of the Council and on such appointment the 
person shall become also a member. 
(4) Where a Secretary is not appointed, the Director of 
Technical Education or, when there is no Director, the 
Additional Director of Technical Education, shall be the 
Member-Secretary of the Council and shall exercise all the 
powers and duties of a Secretary. 
 
 
 
Term of office of a member 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Resignation of member 
 
 
 
 
 
Power of the Government to 
reconstitute the Council or terminate 
membership 
 
 
 
 
Occurrence of a vacancy 
 
 
 
 
Act and proceedings of the Council 
not to be invalid  
6.      (1) The term of office of a member other than an 
ex-office member shall be three years from the date of 
appointment or for any shorter period as may be 
specified in the appointment by the State 
Government: 
 
Provided that until the Council is re -constituted from 
time to time a member shall continue to hold office 
after expiry of his term: 
 
Provided, further, that membership of an ex -office 
member shall cease if he ceases to hold the office by 
virtue of which he became such a member. 
 
      (2)A member who absents himself from any three 
consecutive meetings of the Council shall be deemed 
to have relinquished his membership with effect from 
the date following the date such a third meeting ends. 
7.    Any member other than an- officio member may 
resign his member ship at any time by tendering his 
resignation in writing to the Secretary and such 
member shall be deemed to have relinquished his 
office an acceptance of his resignation by the State 
Government. 
8.      Nothing in this Act shall derogate the power of 
the State Government to- 
(a) dissolve or reconstitute the Council at any time; 
(b) terminate the membership of any member for 
reasons to be recorded in writing; and 
(c) Re-appoint the same person as member from time 
to time. 
9.        Any vacancy occurring in the Council shall be 
led up as soon as may be by appointment of another 
person and such person shall hold office for the 
remainder of the term of the person in whose place he 
has been appointed. 
10.      No. Act or proceedings of the Council shall be 
invalid merely by reasons of any- 
(a) vacancy or defect in the constitution thereof; or 
(b) defect in the election, nomination or appointment 
of any member; or 
(c) Irregularity in the procedure of dealing with any 
matter but not affecting its merit. 
 
 
 
Appointment of committees. 
 
 
 
 
 
 
 
 
Power and functions of the 
Council 
11.  (1) The Council may appoint an Academic 
Committee, an Executive Committee and a 
Standing Committee which shall function under 
the direction and control of the Council, for the 
efficient discharge of its duties and performance 
of its functions under this Act. 
(2)The Committees shall consist of such number 
of members and carry out such functions and 
duties as may be regulations be prescribed. 
12.   Subject to the provisions of this Act, the powers 
and functions of the Council shall be:- 
(a) To recognise or grant affiliation to polytechnics in 
the State; 
(b) To prescribe the syllabus, course of study and 
examinations and the institutional facilities to be 
provided in a polytechnic; 
(c) To prescribe the educational and other 
qualifications of the members of the staff of a 
polytechnic; 
(d) To prescribe the educational and other 
qualifications of a student and the terms and 
conditions for his admission to a polytechnic; 
(e) To conduct examination of students recognised 
polytechnics and to lay down be permitted to sit in 
an examination; 
 
Provided that the Council may authorise a polytechnic 
to conduct examinations of its own students according 
to such standards and conditions as it may prescribe; 
(f) To publish the results of examinations and to 
grants certificates and diploma to the students 
who have passed the examinations; 
(g) To advise the State Government on all matters 
relating to technical education for meeting as far 
as practicable the need of the State; 
(h) To co-ordinate and maintain the standard of 
technical education in polytechnic; 
(i) To institute and award fellowship, including 
scholarship and studentship and to award prizes 
and distinction certificates; 
(j) To co-operate with the All India Council for 
Technical Education or its branches and other 
similar organisations for the purpose of effecting 
as far as possible uniformity of standards in the 
polytechnics in the State; 
(k) To give direction and guidance to a polytechnic 
and to make inspections 
(l) To create posts for the purpose of the Council and 
appoint persons thereto; 
 
 
 
 
 
 
 
Affiliation of polytechnic 
 
 
 
Application of Polytechnic 
 
 
 
 
 
 
 
 
Powers and functions of the 
Chairman 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Powers and functions of the 
Secretary 
Provided that creation of posts equivalent to those in 
Group ‘A’ of the State Government and appointment 
of persons thereof shall be made with prior approval 
of the Government; 
(m) With prior approval of the State Government to 
borrow money on its own security for purposes 
under this Act. 
13.   (1)  A polytechnic satisfying the conditions and 
standards as may be prescribed may be affiliated 
to the Council on terms and conditions as may by 
regulations be prescribed. 
(2)An affiliation may be suspended or cancelled if 
in the opinion of the Council the polytechnic has 
failed to comply with the conditions or directions 
given by the Council or to maintain the standards 
required of it under this Act: 
Provided that before any affiliation is cancelled 
the Council shall give an opportunity to the 
authority managing the polytechnic to state it s 
case. 
14. (1)The Chairman shall have the power to take all 
actions necessary for implementing the decisions 
of the Council. 
(2)Subject to the general control of the Council 
the Chairman may pass such order as he may 
consider necessary on the decisions of the  
Committees. 
(3)Where any action which normally requires 
prior approval of the Council to be taken urgently, 
the Chairman may take such action as he 
considers it necessary and shall apprise the  
Council of the matter and of the action so taken as 
soon as may be and the Council may approve or 
modify it. 
(4)The Chairman shall preside over meetings of 
the Council and convocations held by it: 
 
Provided that in any meeting when the Chairman 
is absent and there is no Vice-Chairman to preside 
over it the meeting shall b e presided over by a 
member chosen from amongst those present in the 
meeting. 
15. The Secretary shall, subject to the control and 
direction of the Chairman, be the Chief Executive 
of the Council and his powers and functions shall 
as may by regulations be prescribed. 
 
 
Conditions of Service of 
employees 
 
 
 
Fund of Council 
 
 
 
 
 
Annual Report 
 
 
 
 
 
Annual Accounts 
 
 
 
 
 
 
 
Directions by the State 
Government  
 
 
 
 
 
 
 
 
 
Inspection  
 
 
 
 
 
 
 
Appeals 
16. The conditions of service including condition 
relating to provident fund, insurance and other 
retirement or terminal benefits of the employees 
of the Council, shall be as may by rules be 
prescribed. 
17.   (1) The Council shall have its own fund into 
which all money received shall be credited and 
necessary expenditure met from. 
(2)The fund shall be kept in a nationalised Bank 
as the Council may decide and shall be operated in 
such manner as may by regulations be prescribed. 
18. The Annual report of the Council shall be 
prepared and placed before the Council for 
consideration at its annual general meeting and 
after consideration the Council shall submit the 
report together with its comments to the State 
Government. 
19. The Annual accounts of the Council shall be 
prepared and audited by the Examiner of Local 
Accounts of the State 
Government and audited 
accounts along with the auditor’s report shall be 
placed before the Council for consideration and 
after consideration the Council shall submit the 
accounts together with its comments to the State 
Government. 
20. The State Government may  issue directions to the 
Council, including directions modifying any of its 
actions or decisions which in the opinion to the 
State Government is not consistent with the 
provisions of this Act, and the Council shall act 
according to such directions: 
 
Provided that a direction modifying the action or 
decision of the Council may be issued only after 
giving the Council and opportunity to state its 
case. 
21. The State Government may cause an inspection of 
the Council or of any recognised polytechnic to be 
cond
ucted by its officers to ensure that the 
Council or the polytechnic, as the case may be, 
functions in accordance with the provisions of this 
Act and the officers shall be afforded all 
reasonable facilities for the conduct of the 
inspection. 
22.   (1) Any perso n aggrieved by an order of the 
Chairman of any officer of the Council or any 
Committee may, within thirty days from the date 
of receipt of the order, appeal to the Council and 
the Council shall pass such orders as it deems fit. 
 
 
 
 
 
 
 
Power to remove difficulties 
 
 
 
 
 
 
 
Power to make rules 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Power to make regulations 
(3) Any person aggrieved by an order of the 
Council may, within thirty days from the 
date of receipt of the order, appeal to the 
State Government and the State Government 
shall pass such orders as it considers just and 
proper and the orders shall be final and 
binding 
23. If any difficulty arises in giving effect to any of 
the provisions of this Act including provisions 
relating to the constitution of the Council and its 
functions, t he State Government may pass such 
orders not inconsistent with the purposes of this 
Act as may appear to it to be necessary or 
expedient for removing the difficulty and such 
orders may be made to have a respective effect. 
24.  (1) The State Government may, by notification 
in the Official Gazette, make rules to carry out 
the purposes of this Act. 
(2)Without prejudice to the generality of the 
foregoing power such rule may provide for the 
following matters namely:- 
(a) The salary or honorarium and allowance 
payable the Chairman, Vice- Chairman and other 
members. 
(b) Any other powers and functions which the 
Chairman of Vice-Chairman may exercise. 
(c) The salary, allowance and conditions of 
service of the Secretary; 
(d) The manner of preparation and the time 
within wh ich the annual report and the annual 
audited accounts of the Council shall be 
submitted to the State Government; and 
(e) Any other matter that is to be provided for by 
rules  
25. (1) The Council  may, with previous approval of 
the State Government, make regulat ions not 
inconsistent with the provisions of this Act or 
the rules. 
(2)Without prejudice to the generality of the 
foregoing powers such regulations may provide 
for the following matters, namely:- 
(a) The procedure for holding meetings, including 
the determination of quorum for any sitting of 
the Council or of the Committees; 
(b) The conditions required for affiliation a 
polytechnic; 
(c) Standard to be maintained by a recognised 
polytechnic; 
 
 (d) The courses of study or instruction, to be 
provided and the examinations to be conducted 
by polytechnics; 
(e) The award of diplomas, certificates and other 
academic distinctions and the conditions 
thereof; 
(f) The fees payable for appearing at any 
examination conducted by the Council; 
(g) The conditions for award of fellowship, 
scholarship or studentship; 
(h) The conduct of examinations, appointment of 
examiners or supervisors and the fees payable to 
them; 
(i) The composition, duties and functions of the 
Committees; 
(j) The powers and functions of the Secretary; 
(k) The salary, allowance and other conditions of 
service of the employees of the Council; 
(l) The manner of operation of the fund and Bank 
account of the Council; and  
(m) Any other matter which is required to be 
provided for by regulations. 
(3)The regulations made shall be published in 
the Official Gazette. 
 
 
 
 
   
 
 
 
 
 
 
 
 
 

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