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
3767 GI/2001
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THE GAZETTE OF INDIA: EXTRAORDINARY
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THE GAZETTE OF INDIA: EXTRAORDINARY
[PART in—SEC. 4]
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THE GAZETTE OF INDIA: EXTRAORDINARY
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NATIONAL COUNCIL FOR TEACHER EDUCATION
NOTIFICATION
New Delhi, the 28lh November. 2001
No.F.iM/2noi/MTE(A(imn.).— (n e x e r c j s e 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 11
th 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>
SI.
No
(1)
1.
Gazette Notification No
& Date, Order No &
Date
(2)
8, 24.2.96 / 28-11/95
NCTE dated 29.12.95
i
I
Regulations
(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.
Existing Provision
(4)
Para 5 (e) & (f)
(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
(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.
Addition made
.
i
i
_
.. (5).. __
j
After para 5 (f) the
following shall be
added •
(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
(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
i
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
(i)
The
NOC
issued by the State
20
THE GAZETTE OF INDIA EXTRAORDINARY
IPARTIII—SB 41
1
1
1
[
j
i
1
i
1
1
11
1
•
)
2.
j
i
i
i
i
i
i
l
1
i
14,
5.4.97,
28-9/96
NCTE dated 6.2 1997
T '
i
i
The
National
Council
for
Teacher Education
(determination
of
conditions
for
recognition
of
institutions offering
i
i
Para 6 (e) and (f)
(e)
Every
institution
intending to offer a
course or training
in
teacher
: Government / UT
Administration
will
remain
valid
till
1 such time the State
j Government / UT
Administration
i 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.
j (1) Requirement of
: NOC
shall
not
; apply to University
1 Departments
for
1 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.
After para 6 (f) the
following shall be
added :
(9)
The
endorsement of the
State Government /
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.
22
THE GAZETTE OF INDIA: EXTRAORDINARY
[P wi HI—SEC 4j
(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
1
j
1
1
1
1
!
1
administration
in
which
the
institution
is
located.
(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.
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.
(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
i
24
THE GAZETTE OF INDIA EXTRAORDINARY
[PART IE—SEC. 4]
4.
12,
20.3.99, 28-3/98-
99/NCTE
dated
29 12.98
The
National
Council
for
Teacher Education
(norms
and
conditions
for
grant
of
recognition
of
teacher education
programme
in
Physical Education
- C.P.Ed, B PEd
and
M.P.Ed)
Regulations, 1998
i
i
Para 6 (e) and (f)
(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.
(f) Application for
permission
to
increase in intake
by
recognised
institutions
under
Sub Regulation (b)
of
Regulation 5
(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.
After para 6 (f) the
following shall be
added :
(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.
(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
25
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.
facilities
available
in
the
institution
and other relevant
provisions
in
the
Norms
and
Standards
applicable
to the
relevant
teacher
training
programme.
(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—4
26
THE GAZETTE OF INDIA: EXTRAORDINARY
[PART III—SLC:.4|
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
Para 6 (e) and (f)
(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
(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.
programme
is I
innovative will be
decided
by the
concerned
Regional
Committee.
After para 6 (f) the
following shall be
added :
(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.
(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.
27
i
1
i
i
1
1
)
i
1
1
j
(i)
The
NOC
issued by the State
Government / UT
Administration
will
remain
valid
till
such time the State
Government / UT
Administration
withdraws / cancels
it.
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.
(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.
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