Powers conferred under clause (f) and (g) of sub-section (2) of the Section 32 read with Sections 14 and 15 of the NCTE Act, 1993 No. 73. 1993). and in supersession of the National Council for Teacher Education (consideration of No Objection certificate) (Amendment) Regulations, 2001.

REGD. NO. D.L.-33004/99 The Gazette of India

EXTRAORDINARY

PART III—Section 4

PUBLISHED BY AUTHORITY

No. 328] NEW DELHI, SATURDAY, DECEMBER 8, 2001/AGRAHAYANA 17, 1923

(1)

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T H F. r , A Z F . T TH OF I N D IA • E X T R A O R D I N A RY

I P A R TI I I —S E C. 4]

NATIONAL COUNCIL FOR TEACHER EDUCATION

NOTIFICATION

New Delhi, the 28lh November. 2001

No.F.iM/2noi/MTE(A(imn.).— (n e x e r cjse of the powers conferred under clause (f) and (g) of sub-section (2) of the Section 32 read with Sections 14 and 15 of the NCTE Act, 1993 i No. 73. 1993). and m supersession of the National Council for Teacher Education (consideration of No Objection Certificate) (Amendment) Regulations, 2001 notified in the Gazette of India on the 11th August 2001, NCTE hereby makes the National Council for Teacher Education (consideration of No Objection Certificate) (Amendment) Regulations, 2001 to amend / further amend the notifications mentioned below :-

(i) The National Council for Teacher Education (application for recognition, manner for submission, the determination of condition for recognition of institutions and permission to start new course or training) Regulations, 1995.

(ii) The National Council for Teacher Education (determination of conditions for recognition of institutions offering or intending to offer through correspondence education or distance education including open distance education or any mode other than face to face instruction for any course leading to B.Ed degree or its equivalent and permission to start any new course or training) Regulations 1996.

fiii) The National Council for Teacher Education (norms and conditions for recognition of M Ed face to face and M.Ed through distance education) Regulations, 1998.

(iv) The National Council for Teacher Education (norms and conditions for grant of recognition of teacher education programme in Physical Education - C.P.Ed, B.P.Ed and M.P Ed) Regulations, 1998.

(v) The National Council for Teacher Education (norms and conditions for recognition of Bachelor of Elementary Education - B.EI.Ed) Regulations, 1998.

Short Title and Commencement

These Regulations may be called the National Council for Teacher Education (consideration of No Objection Certificate) (Amendment) Regulations, 2001.

The following additions are made in the above mentioned Regulations to the extent indicated against each of them - ll>

Addition made .

Existing Provision

Regulations

i SI. No

i Gazette Notification No & Date, Order No & Date

(4)

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Para 5 (e) & (f)

(1) 1.

(2) 8, 24.2.96 / 28-11/95 NCTE dated 29.12.95

After para 5 (f) the following shall be added •

(3) The National Council for Teacher Education (application for recognition, manner for submission, the determination of condition for recognition of institutions and permission to start new course or training) Regulations, 1995.

(g) The endorsement of the State Government / UT Administration in regard to issue ' of No Objection i Certificate (NOC) will be considered t by the Regional Committee while taking a decision on the application for recognition i

(e) Every institution intending to offer a course or training in teacher education but was not functioning immediately before 17th August, 1995, shall submit application for recognition with a no objection certificate from the State or Union Territory in which the institution is located

(h) If the NOC issued by the State Government / UT : Administration does not indicate the intake, it will be for the Regional Committee to determine the

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(f) Application for permission to start new course or training and / or to increase intake by recognised institutions under Regulation 4 above shall be submitted to the Regional Committee concerned with no objection certificate from the State or union Territory in which the institution is located.

intake taking into account the infrastructural and i instructional facilities available ' in the institution and other relevant provisions in the Norms and Standards ! applicable to the relevant teacher training programme

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(i) The NOC issued by the State20 THE GAZETTE OF INDIA EXTRAORDINARY IPARTIII—SB 41 T '

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21 4. In accordance with the procedure prescribed, • the proposal was initially forwarded to the Tamil Nadu Electricity Board and Utkal Chamber of Commerce Industry for comments. The comments received are summarised below:

A. Tamil Nadu Electricity Board (TNEB)

(i). The operational cost will reduce considerably once the bottom opening railway wagon system becomes operative at the MCHP; and, more coal will be handled through the plant increasing the revenue of the PPT.

(ii). It incurs an extra expenditure towards chartering of the Craned Hopper Self Unloading Vessel (CHSU) and Gearless Vessels for transporting coal in Paradip-Ennore Port sector; and, also, on the conveyor system between the Ennore Port and the North Chennai Thermal Power Station.

(iii). The exact loan amount, the rate of interest thereon and the repayment period including the initial moratorium period are not indicated in the calculation of the tariff. The ADB has funded a soft loan of US$ 134.85 millions at an interest rate of 6.34% only to the port; and hence, the tariff should be worked out based on this rate and not at 19.5%, which is very high considering the present PLR of 12% announced by the Nationalised Banks with effect from March 2001.

(iv). The capacity utilisation shall be as per the designed capacity of the MCHP, as this facility will be utilised by other agencies also; therefore, the tariff needs to be worked out based on the full capacity utilisation instead of 12 million tonnes, which is only 60% of the installed capacity.

(v). The working of depreciation needs to be modified to reflect depreciation at 90% of the value of the plant & machinery (i.e.@ 4.5% per annum) instead of 100% value as the balance 10% value is recovered on scrapping of the plant as scrap value.

(vi). An amount of Rs.7 crores provided towards salary and wages seems to be on the higher side considering the manpower requirements in view of the mechanisation and automation.

(vii). An amount of Rs. 17.30 crores towards the O & M expenses appears to be on the higher side and may be restricted to the actuals or certain percentage of the capital cost. The actual percentage in these expenses in the modern ports abroad can be a guide for this.

(viii). A special discount must be allowed to the TNEB for effecting large volumes.

B. The Utkal Chamber of Commerce and Industry (UCCI) has not sent any written comments so far.

5.1. On a preliminary scrutiny of the proposal, the PPT was requested to furnish additional information/clarification on various points arising out of its proposal. Some of the important queries raised are summarised below:

(i). To indicate and consider the proportionate amount of working capital; and, management and general overheads allocable to the MCHP in the cost statements to avoid cross-subsidisation.

(ii). The Port could not submit proper cost statements for different activities at the time of last general revision of the tariff (April 2000); and, the Scale of Rates was to be reviewed after a period of one year. The PPT was also to submit the other proposals relating to estate rentals including rentals for properties in operational area, equipment hire charges and charges for the PPL captive berth. The reasons for the PPT not proposing any review of these rates so far.

(iii). To indicate the latest position of the issues dealt with in paragraph 18 (ix) of this Authority's Order dated 10 April 2000 relating to the details of the non-statutory expenses that the TNEB may not have to incur on commissioning of the MCHP; and, in paragraph 18(x) ibid relating to the issue of surplus labour.

(iv). The reasons for an upward revision in the estimated power expenses from Rs. 1220 lakhs (earlier) to Rs. 1620 lakhs now.

(v). To eliminate the effect of double counting of interest on loans reflected once as a separate item of cost and again as a part of the capital employed.

(vi). To clarify the reason for considering maintenance dredging expenditure (which is a vessel-related cost) for fixing cargo handling rate.

(vii). To furnish the cost estimates for the next two years following the year 2001-02.

(viii). To clarify the prorata computation of Railway earnings and expenses, as the figure of traffic adopted for computation for the year 1999-2000 is different from that adopted for Port and Dock Income.

(ix). To indicate reasons for continuance of separate rates for handling of coal at IOHP in terms of paragraph 16 (iii) of the TAMP order dated 10 April 2000.

(x). To assess and indicate the resultant savings to TNEB in the vessel-related port charges as well as the standing cost of the vessel; and, other savings on account of better wagon turnaround and shipment by handling coal through MCHP.

(xi). The basis of arriving at different slabs for fixing the proposed sliding slab rates.

(xii). To explore the possibility of linking the proposed rates with performance; and, formulate a suitable efficiency linked tariff scheme.

(xiii). The reasons for reduction in the traffic forecast of 20 million tonnes for the year 2001-02 at the time of general revision to a present estimate of 12 million tonnes.

5.2. The PPT after the joint hearing in this case, submitted detailed replies to the queries raised by us. The important points made by the PPT are summarised below:

(i). The working capital for the year 1999-2000 becomes a negative figure (because of overdue interest liabilities); and hence, it has been considered as nil. Excluding the figure of overdue interest from the Current Liabilities; and, csnsidering a share of Thermal Coal being 44% in the total cargo, the working capital requirement for the MCHP works out to Rs.15.09 crores.

(ii). The power cost has been taken on the basis of present electricity tariff structure.

(iii). Mechanisation will not reduce the manpower immediately. It may take a long time to effect such reduction. Further, transfer of manpower from existing working areas to the mechanised coal project is not possible.

On the basis of the assessment made by the High Power Committee, 609 cargo handling workers and all the bulk handling (C&F) workers will be rendered surplus after mechanisation of the coal handling plant.

A Voluntary Retirement Scheme (VRS) has been introduced by the PPT as per the directives of the Government; and, a similar scheme has also been introduced by the Management Committee for the C&F workers. Only 32 cargo handling workers and 116 C&F workers have opted for the Scheme. The response of the workers is luke-warm on account of the amount of (inadequate) 23

administration in which the institution is located.

issued by the State Government / UT Administration does not indicate the intake, it will be for the Regional Committee to determine the intake taking into account the infrastructural and instructional facilities available in the institution and other relevant provisions in the Norms and Standards applicable to the relevant teacher training programme.

(f) Application for permission to increase intake by recognised institutions under Sub Regulation (b) of Regulation 5 above shall be submitted to the Regional Committee concerned with 'No Objection Certificate¹ from the State or union Territory in which the institution is located.

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i24 THE GAZETTE OF INDIA EXTRAORDINARY [PART IE—SEC. 4] i

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(I) Requirement of NOC shall not apply to University Departments for taking up innovative teacher education programmes for a maximum intake of 50 (fifty only). The question as to whether a programme is innovative will be decided by the concerned Regional Committee.

Para 6 (e) and (f)

4. 12, 20.3.99, 28-3/98- 99/NCTE dated 29 12.98

After para 6 (f) the following shall be added :

The National Council for Teacher Education (norms and conditions for grant of recognition of teacher education programme in Physical Education - C.P.Ed, B P Ed and M.P.Ed) Regulations, 1998

(g) The endorsement of the State Government / UT Administration in regard to issue of No Objection Certificate (NOC) will be considered by the Regional Committee while taking a decision on the application for recognition.

(e) Every institution intending to offer a course or training in teacher education but was not functioning immediately before 17th August, 1995, shall submit application for recognition with a 'No Objection Certificate' from the respective State Government or Union Territory administration in which the institution is located.

(h) If the NOC issued by the State Government / UT Administration does not indicate the intake, it will be for the Regional Committee to determine the intake taking into account the infrastructural and instructional

(f) Application for permission to increase in intake by recognised institutions under Sub Regulation (b) of Regulation 5 25

facilities available in the institution and other relevant provisions in the Norms and Standards applicable to the relevant teacher training programme.

above shall be submitted to the Regional Committee concerned with 'No Objection Certificate' from the State or union Territory in which the institution is located.

(i) The NOC issued by the State Government / UT Administration will remain valid till such time the State Government / UT Administration withdraws / cancels it.

(j) The NOC will be deemed to have lapsed if the institution fails to get recognition within three years from the date of its issue.

(k) Requirement of NOC shall not apply to Government Institutions.

(1) Requirement of NOC shall not apply to University Departments for taking up innovative teacher education programmes for a maximum intake of 50 (fifty only). The question as to whether a 3767 GI/2001—426 THE GAZETTE OF INDIA: EXTRAORDINARY [PART III—SLC:.4| programme is I innovative will be decided by the concerned Regional Committee.

Para 6 (e) and (f) After para 6 (f) the following shall be added :

5 12, 20.3.99, 28-4/98- 99/NCTE / dated 29 12.98

The National Council for Teacher Education (norms and conditions for recognition of Bachelor of Elementary Education - BEI.Ed) Regulations. 1998

(g) The endorsement of the State Government / UT Administration in regard to issue of No Objection Certificate (NOC) will be considered by the Regional Committee while taking a decision on the application for recognition.

(e) Every institution intending to offer a course or training in teacher education but was not functioning immediately before 17th August, 1995, shall submit application for recognition with a No Objection Certificate' from the respective State Government or Union Territory administration in which the institution is located

(h) If the NOC issued by the State Government / UT Administration does not indicate the intake, it will be for the Regional Committee to determine the intake taking into account the mfrastructural and instructional facilities available in the institution and other relevant provisions in the Nonns and Standards applicable to the relevant teacher training programme.

(f) Application for permission to increase in intake by recognised institutions under Sub Regulation (b) of Regulation 5 above shall be submitted to the Regional Committee concerned with No Objection Certificate' from the State or union Territory in which the institution is located.

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(i) The NOC issued by the State Government / UT Administration will remain valid till such time the State Government / UT Administration withdraws / cancels it.

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0) The NOC will be deemed to have lapsed if the institution fails to get recognition within three years from the date of its issue.

(k) Requirement of NOC shall not apply to Government Institutions.

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(1) Requirement of NOC shall not apply to University Departments for taking up innovative teacher education programmes for a maximum intake of 50 (fifty only). The question as to whether a programme is innovative will be decided by the concerned Regional Committee.

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These amendments shall come into force with immediate effect.

S K.RAY. Member Secy

|ADVf fll/lV/131/200l/E.\Lv. | Pruned by Lhc Manager, GoM. nf India Press. King Road, Mayapun, New Delhi-110064

.ind 1'ubli.ihcd hv Ihe Controller of Publications, Dolhi-110034