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

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THE GAZETTE OF INDIA: EXTRAORDINARY

[PART III—SEC. 41

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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