LexThe Tamil Nadu State Council for Technical Education Act, 2010
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Open in Lexace · Ask the AI about this actThe Tamil Nadu State Council for Technical Education Act, 2010
Act No.4 of 2010
Arrangement of Sections
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Establishment of State Council for Technical Education.
4. Composition of Council.
5. Disqualification for membership of Council.
6. Terms and conditions of service of Vice-Chairman and nominated and co-opted
members.
7. Terms and conditions of service of Member-Secretary.
8. Removal from membership of Council.
9. Filing up of casual vacancy.
10. Powers functions of Council.
11. Meetings of the Council.
12. Staff of the Council.
13. Temporary association of persons with the Council for particular purpose.
14. Budget of Council.
15. Fund of the Council.
16. Release of grants-in-aid to Universities and Colleges.
17. Annual accounts and audit.
18. Annual report.
19. Power to issue directions.
20. Inspection and inquiry.
21. Revision.
22. Proceedings of Council not to be invalidated by infirmities.
23. Members and employees of Council to be public servants.
24. Protection of action taken in good faith.
25. Powers to make rules.
26. Power to make regulations.
27. Power to remove difficulties.
28. Amendments to Tamil Nadu Act 40 of 1992.
The Tamil Nadu State Council for Technical Education Act, 2010
Act No.4 of 2010
[31st January 2010]
An Act to provide for the establishment of a State Council for Technical Education in the
State of Tamil Nadu and for matters connected therewith and incidental thereto.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixtieth Year of
the Republic of India as follows:-—
1. Short title, extent and commencement.- (1) This Act may be called the Tamil Nadu
State Council for Technical Education Act, 2010.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the Government may, by notification,
appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “All India Council for Technical Education” means the All India Council for
Technical Education established under section 3 of the All India Council for Technical
Education Act, 1987 (Central Act 52 of 1987.);
(b) “college” means a college or institution established or maintained or approved by,
or affiliated to, the technical University or approved by Directorate of Technical Education
and providing any course of study or training in engineering, technology and all ied sciences,
management or catering technology, for admission to the examination for degrees, diplomas
or other academic distinctions, as the case may be;
(c) “Council” means the Tamil Nadu State Council for Technical Education
established under section 3;
(d) “degree” means any course of study in engineering, technology and allied
sciences, management or catering technology to which a degree is awarded by a technical
University;
(e) “diploma” means any course of study in engineering, technology and a llied
sciences, management or catering technology after the Secondary School Leaving
Certificate to which a diploma is awarded, but does not include a certificate;
(f) “Government” means the State Government;
(g) “member” means a member of the Council a nd includes the Chairman, the Vice -
Chairman, the Member-Secretary and the co-opted member;
(h) “private college” means a college established and administered or maintained by
any person or body of persons, whether incorporated or not, but does not includ e a college
established and administered or maintained by the Central Government or the Government
or by any technical University established by law;
(i) “regulations” means the regulations made by the Council under this Act; (j)
“technical education” means any course of study or training in engineering, technology and
allied sciences, management or catering technology;
(k) “technical University” means the Anna University, Chennai, the Anna University,
Tiruchirappalli, the Anna University, Coimbatore and the Anna University, Tirunelveli or such
other University that may be established in the State under any law made by the Legislature
of the State of Tamil Nadu to conduct examinations to award degrees, diplomas and other
academic distinctions in engineer ing, technology and allied sciences, management or
catering technology;
(l) “University Grants Commission” means the University Grants Commission
established under section 4 of the University Grants Commission Act, 1956 (Central Act 3 of
1956).
3. Establ ishment of State Council for Technical Education. - (1) There shall be
established a Council by the name “the Tamil Nadu State Council for Technical Education”.
(2) The Council shall be a body corporate having perpetual succession and a
common seal and shall sue and be sued by the said name.
(3) The headquarters of the Council shall be located at Chennai.
4. Composition of Council.- The Council shall consist of the following members, namely:-
(a) the Minister in -charge of Technical Education, who shall be the Chairman, ex -
officio;
(b) the Vice-Chairman appointed by the Government from among persons, who have
been Vice -Chancellors of Universities in the State and having experience in the field of
technical education and who has not completed seventy years of age;
(c) the Secretary to Government in -charge of Higher Education, ex -officio; (d) the
Secretary to Government in-charge of Finance, ex-officio;
(e) the Secretary to Government in -charge of Industry, ex -officio; (f) the Secretary,
University Grants Commission or his nominee, ex-officio;
(g) the Member-Secretary, All India Council for Technical Education or his nominee,
ex-officio;
(h) the Commissioner or Director of Technical Education, ex-officio;
(i) two members nominated by the Government from among the Vice -Chancellors of
the technical Universities;
(j) two members nominated by the Government from among the principals and
Directors of colleges, of whom one shall be from a col lege established and administered or
maintained by the Government and another from a private college;
(k) two members nominated by the Government from among the principals of
colleges, offering any course of study to which a diploma is awarded, of whom o ne shall be
from a college established and administered or maintained by the Government and another
from a private college;
(l) one member nominated by the Government from among the principals and
Directors of colleges offering courses of study in management;
(m) one member nominated by the Government from among eminent academicians
or educational administrators in the field of technical education;
(n) one member nominated by the Government from among eminent scientists or
engineers in the field of technical education;
(o) one member nominated by the Government from among the industrialists of high
repute who have contributed to the cause of technical education;
(p) not more than three eminent educationists in the field of technical education co -
opted by the Council; and
(q) a full time Member -Secretary appointed by the Government who shall be not
below the rank of the University Professor, havi ng experience in the field of technical
education.
5. Disqualification for membership of Council. - A person shall be disqualified for being
appointed as Vice-Chairman or for being nominated or co-opted as a member of the Council
or for being such Vice-Chairman or nominated or co-opted member, if—
(a) he is of unsound mind;
(b) he is an applicant to be adjudicated as an insolvent or is an undischarged
insolvent;
(c) he has been sentenced for any offence involving moral turpitude, punishable
under any l aw with imprisonment, such sentence not having been annulled and a period of
five years has not elapsed from the date of expiration of the sentence;
(d) he is a paid officer or employee of the Council; or
(e) he incurs such other disqualifications as may be prescribed by the Government.
6. Terms and conditions of service of Vice -Chairman and nominated and co -opted
members.-
(1) The Vice -Chairman and the nominated and co -opted members shall hold office
for a term of three years and shall be eligib le for re -appointment or re -nomination or co -
option for a further term of three years:
Provided that for the purpose of this sub -section, a person who has held office as
Vice-Chairman or a nominated or co -opted member in a casual vacancy for a period of not
less than one year shall be deemed to have held office for a full term of office.
(2) The Vice-Chairman or the nominated or co -opted member may, by writing under
his hand addressed to the Government or the Council, as the case may be, resign his office
but he shall continue to hold office until his resignation is accepted by the Government or, as
the case may be, by the Council.
(3) Subject to the provisions of this section, the terms and conditions of service of the
Vice-Chairman and the n ominated and co -opted members shall be such as may be
prescribed.
(4) The Vice -Chairman shall exercise such powers and perform such functions as
may be prescribed.
7. Terms and conditions of service of Member -Secretary.- (1) The terms and conditions
of service of the Member-Secretary shall be such as may be prescribed.
(2) The Member -Secretary shall exercise the powers and perform the functions
conferred or imposed on him under this Act and such other powers and functions as may be
prescribed.
8. Removal from membership of Council. - If, at any time, it appears to the Government
that the Vice -Chairman or a nominated or co -opted member has shown himself to be
unsuitable for office or has been guilty of misconduct or neglect which renders his removal
expedient, the Government may, after giving the Vice -Chairman or such nominated or co -
opted member, as the case may be, a reasonable opportunity of showing cause, by
notification, remove the Vice-Chairman or such nominated or co-opted member, as the case
may be, from the office.
9. Filling up of casual vacancy. - If a casual vacancy occurs in the office of the Vice -
Chairman or of a nominated or co -opted member, either by reason of his death, resignation,
removal or otherwise, such vacancy shall be filled up, as soon as may be, by the
Government or by the Council, as the case may be, and such Vice -Chairman or nominated
or co-opted member shall hold office only for the remainder of the term for which the person
whose place he fills would have been the Vice -Chairman or, a nominated or co -opted
member, as the case may be.
10. Powers and functions of Council. - (1) The functions of the Council shall be to co -
ordinate and determine standards in college and scientific research in technical education.
(2) Subject to the provisions of the University Grants Commission Act, 1956 (Central
Act 3 of 1956) and the All India Council for Technical Education Act, 1987 (Central Act 52 of
1987), the Council shall-
(a) prepare consolidated programmes in the sphere of technical education in
the State in accordance with the guidelines that may be issued by the University Grants
Commission and All India Council for Technical Education, from time to time, and to assist in
its implementation, keeping in vi ew the overall priorities and perspectives of technical
education in the State;
(b) assist the University Grants Commission and All India Council for
Technical Education in respect of determination and maintenance of standards and suggest
remedial action wherever necessary;
(c) evolve perspective plans for development of technical education in the
State;
(d) forward the developmental programmes of technical Universities and
colleges to the University Grants Commission and All India Council for Tech nical Education
along with its comments and recommendations;
(e) monitor the progress of implementation of such developmental
programmes;
(f) promote co-operation and co-ordination of the colleges among themselves
and explore the scope for interaction with industry and other related establishments;
(g) formulate norms for starting new colleges in accordance with the
guidelines issued by the Government, University Grants Commission and All India Council
for Technical Education;
(h) suggest ways a nd means for augmenting additional resources for
technical education in the State;
(i) encourage and promote innovations in curriculum development,
restructuring of courses and updating of syllabi in the technical Universities;
(j) promote and co -ordinate the programmes of autonomous colleges and to
monitor its implementation;
(k) devise steps to improve the standards of examinations conducted by the
technical Universities and suggest necessary reforms;
(l) facilitate training of teachers in tec hnical Universities and colleges and
oversee the functioning of the academic staff colleges through co -ordination and promote
publication of quality text books, monographs and reference books;
(m) develop programmes for effective academic co -operation and interaction
between the faculties in the technical Universities, colleges and also provide mobility of
students and teachers within and outside the State;
(n) regulate the admissions in technical Universities and colleges;
(o) encourage sports, ga mes, physical education and cultural activities in the
technical Universities and colleges;
(p) encourage extension activities and promote interaction between technical
Universities and industries through effective consultancy in special areas relevant to the
technical Universities and regional planning development;
(q) prepare an overview report on the working of the technical Universities
and colleges in the State and to furnish a copy of the report to the Government;
(r) identify centres of excel lence in the technical Universities and provide
national and international linkage for the growth of science and technology in frontier areas;
(s) make suggestions to the Government in determining the block
maintenance grants and lay down the guidelines for such grants to technical Universities and
colleges;
(t) set up a State Technical Research Board so as to link research work of
technical Universities with that of the research agencies and industry, keeping in view the
overall research needs of the State and co -ordinate research funding at national and
international level for promotion of scientific research in the technical Universities;
(u) examine the statutes and ordinances and regulations of technical
Universities in the State (excluding Cen tral Universities) and the statutes proposed by the
technical Universities in the State and suggest modifications to maintain uniformity in
administration without prejudice to the autonomy for the academic pursuits;
(v) work in liaison with the All Indi a Council for Technical Education in the
formulation of the schemes in the State;
(w) make suggestions to the Government in making new colleges self
sufficient and viable;
(x) make suggestions to the Government on the policy of ‘earning while
learning’;
(y) promote institutes of excellence within or outside the technical University
system in frontier areas of knowledge like molecular biology, genetic engineering,
aerospace, biotechnology and the like;
(z) make suggestions to the Government regar ding improvement to the law
relating to technical Universities including the laws relating to the establishment of new
technical Universities;
(aa) institute prestigious awards to outstanding scientists, academicians and
technologists for their contributions;
(ab) identify and administer innovative programmes for sustainable growth
through self -generating funds from services such as consultanc y to industries, institutions
and national and international organisations;
(ac) administer and release research funds, if any, received from national and
international funding agencies;
(ad) advise the Government or any technical University or colleges on any
other matter relating to technical education and research which they may refer to the
Council; and
(ae) perform such other functions necessary for promoting excellence in
technical education and scientific research, as may be prescribed.
11. Meetings of the Council. - The Council shall meet, as often as may be necessary, at
such time and place and observe such rules of procedure as may be provided in the
regulations:
Provided that the Council shall meet at least once in three months.
12. Staff of the Council. - (1) The Council shall appoint such number of employees as may
be necessary for the efficient performance of its functions. The terms and conditions of
service of the employees of the Council shall be such as may be provided in the regulations.
(2) The classification and methods of recruitment, conditions of service, pay and
allowances, discipline and conduct of the officers and other employees referred to in this
section shall be such as may be prescribed.
13. Temporary association of persons with the Council for particular purpose.- (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.
(2) A person associated with 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.
14. Budget of Council.- The Council shall prepare in such form and at such time as may be
prescribed, a budget in respect of the next financial year showing the estimated receipt and
expenditure and a copy of the budget shall be forwarded to the Government.
15. Fund of the Council. - (1) The Council shall have its own fund and all sums which may,
from time to time, be paid to it by the Government and all the receipts of the Council
(including any sum which the Central Government, the University Grants Commission or any
other authority or person may hand over to the Council) shall be credited to such fund.
(2) The Government shall pay to the Council in each financial year, grants,
development grants and matching grants as the Government may consider necessary for a
period of five years from the date of commencement of this Act for the performance of the
functions of the Council under this Act.
(3) All technical Universities shall contribute rupees one lakh per year, colleges
offering a course of study to which a degree is awarded shall contrib ute rupees five
thousand per year and colleges offering any course of study to which a diploma is awarded
shall contribute rupees two thousand and five hundred per year to the Council as annual
subscription for their institutional membership in the Council which shall be credited to the
fund.
(4) All expenditure incurred by the Council under, or for the purposes of this Act shall
be defrayed from out of the said fund and any surplus remaining, after such expenditure has
been met, shall be invested in such manner as may be prescribed.
(5) 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.
16. Release of grants -in-aid to Univers ities and Colleges. - It shall be the duty of the
Council to allocate grants to different technical Universities and colleges in the State from
out of the funds received by it under sub -section (1) of section 15 and release the same to
concerned technical Universities and colleges.
17. Annual accounts and audit.-
(1) The accounts of the Council shall be maintained in such manner and in such form
as may be prescribed. The Council shall prepare an annual statement of accounts in such
form as may be prescribed.
(2) The accounts of the Council shall be submitted atle ast once in a year to such
examination and audit as the Government may direct.
(3) The Member -Secretary to the Council shall cause the audit report to be printed
and forward a printed copy thereof, to each member and shall place such report before the
Council for consideration at its next meeting.
(4) The Council shall take appropr iate action forthwith to remedy any defect or
irregularity that may be pointed out in the audit report.
(5) The accounts of the Council together with the audit report along with the remarks
of the Council thereon shall be forwarded to the Government with in such time as may be
prescribed.
(6) The Government may, by order in writing, direct the Council to take such action
as may be specified in the order to remedy, within such time as may be specified therein, the
defects, if any, disclosed in the audit report, and the Council shall comply with such direction.
18. Annual report. - The Council shall, as soon as may be, after the end of each financial
year, prepare and submit to the Government, before such date and in such form as may be
prescribed, a report giving an account of its activities during the previous year and the report
shall also give an account of the activities, if any, which are likely to be undertaken by the
Council in the next financial year and the Government shall cause every such report to be
laid before the Legislative Assembly as soon as may be after its receipt. A copy of the
annual report shall also be forwarded to the University Grants Commission and the All India
Council for Technical Education.
19. Power to issue directions. - The Government may issue to the Council such directions
as, in their opinion, are necessary or expedient for carrying out the purposes of this Act and
the Council shall give effect to all such directions.
20. Inspection and inquiry. - (1) The Government shall have rights to cause an inspection
to be made, by an officer not below the rank of Secretary to Government authorised by it, of
the Council and also to cause an inquiry to be made into the work done by the Council in
respect of any matter entrusted to it. The Government shall, in every case, give notice to the
Council of its intention to cause such inspection or inquiry to be made and the Council shall
be entitled to be represented thereat. The officer making the inspection or inquiry shall
inform the Government of the results thereof.
(2) The Government shall communicate to the Council its views with reference to the
results of such inspection or inquiry and may advise the Council the action to be taken.
(3) The Council shall, within such time as the Government may fix, report to it, the
action, if any, which is proposed to be taken or has been taken upon such advice.
(4) The Government may, where action has not been taken by the Council within a
reasonable time to its satisfaction, issue such directions as it may think fit, and the Council
shall comply with such directions.
21. Revision.-
The Government may, either suo -motu or on an application made to them, call for
and examine the records of any order passed or decision taken by the Council under the
provisions of this Act, for the purpose of satisfying themselves as to the legality or propriety
of such order or decision or as to regularity of such procedure and pass such order with
respect thereto as they may think fit:
Provided that no such order shall be made except after giving the Council or the
person likely to be affected thereby, a reasonable opportunity of being heard.
22. Proceedings of Council not to be invalidated by infirmities. - The Council shall have
the power to act, notwithstanding any vacancy in the membership or any defect in the
constitution thereof, and the proceedings of the Council shall be valid notwithstanding that
some person, who was not entitled to be a member had sat, voted or otherwise taken part in
the proceedings of the Council.
23. Members and employees of Council to be public servants. - The Chairman, Vice -
Chairman, members, the Member-Secretary and other employees of the Council shall be
deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, or
any rule or regulation or order or direction made or issued under this Act, to be public
servants wi thin the meaning of section 21 of the Indian Penal Code (Central Act XLV of
1860).
24. Protection of action taken in good faith. - No suit or other legal proceedings shall lie
against the Government, the Council or any member thereof or any employees or pe rson
acting under the direction of the Government or the Council, in respect of anything which is
in good faith done or intended to be done in pursuance of this Act or any rule, regulation,
order or direction made or issued under this Act.
25. Powers to m ake rules.- (1) The Government may make rules for carrying out all or any
of the purposes of this Act.
(2) Every rule or order made or notification issued under this Act shall, as soon as
possible after it is made or issued, be placed on the Table of the Legislative Assembly and if,
before the expiry of the session in which it is so placed or the next session, the Assembly
makes any modification in any such rule or order or notification, or the Assembly decides
that the rule or order or notification should not be made, the rule or order or notification 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 order or notification.
26. Power to make regulations. - The Council may, subject to any rules made by the
Government and with the previous approval of the Government may make regulations for
carrying out the powers and functions of the Council under this Act.
27. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of
this Act, the Government may, by order, make such provision not inconsistent with the
provisions of this Act, as appears to them to be necessary or expedient for removing the
difficulty:
Provided that no such order shall be made after the expiry of two years from the date
of commencement of this Act.
28. Amendments to Tamil Nadu Act 40 of 1992.-
In the Tamil Nadu State Council for Higher Education Act, 1992 (Tamil Nadu Act 40
of 1992),—
(1) in section 1, for sub-section (3), the following shall be substituted, namely:—
“(3) It applies to all Universities, colleges and institutions of higher education except
technical University and college as defined in the Tamil Nadu State Council for Technical
Education Act, 2010.”;
(2) in section 2,—
(i) in clause (c), for the expression “Management Science, Oriental
Languages, Engineering, Technology”, the expression “Oriental Languages” shall be
substituted;
(ii) in clause (f), for the expre ssion “ technical or otherwise”, the expression
“or otherwise (other than technical education as defined in the Tamil Nadu State Council for
Technical Education Act, 2010)” shall be substituted;
(iii) in clause (j),—
(a) the expression “the Anna University” shall be omitted;
(b) after the expression “to which the University Grants Commission
Act, 1956 applies”, the expression “but does not include a technical University as defined in
the Tamil Nadu State Council for Technical Education Act, 2010” shall be added;
(3) in section 4, clause (g) shall be omitted;
(4) in section 10,—
(i) in sub-section (1), for the expression “research and scientific and technical
institutions”, the expression “research and scientific institutions” shall be substituted;
(ii) in sub-section (2),—
(a) in clause (q), the expression “and technology” shall be omitted;
(b) for clause (s), the following clause shall be substituted, namely: —
“(s) promote institutes of excellence within or outside the
University system in frontier areas of knowledge;”;
(c) in clause (x), for the expression “scientists, academicians and
technologists”, the expression “scientists and academicians” shall be substituted;
(d) clause (ab) shall be omitted.