Section 5 in The National Council for Teacher Education Act, 1993

Title: Disqualification for office of Member

Description: A person shall be disqualified for being appointed as a Member if he— (a) has been convicted and sentenced to imprisonment for an offence, which, in the opinion of the Central Government, involves moral turpitude; or (b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent court; or (d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or(e) has in the opinion of the Central Government such financial or other interest in the Council as is likely to affect prejudicially the discharge by him of his functions as a Member.

Title: Vacation of office of Member

Description: The Central Government shall remove a Member if he— (a) becomes subject to any of the disqualifications mentioned in section 5: Provided that no Member shall be removed on the ground that he has become subject to the disqualification mentioned in clause (e) of that section, unless he has been given a reasonable opportunity of being heard in the matter; or (b) refuses to act or becomes incapable of acting; or (c) is, without obtaining leave of absence from the Council, absent from three consecutive meetings of the Council; or (d) in the opinion of the Central Government, has so abused his position as to render his continuance in office detrimental to the public interest: Provided that no Member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter.

Title: Meetings of the Council

Description: (1) The Council shall meet at such time and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be provided by regulations: Provided that the Council shall meet at least once every year. (2) The Chairperson, and in the absence of the Chairperson, the Vice-Chairperson shall preside at the meetings of the Council. (3) If for any reason the Chairperson and the Vice-Chairperson, both are unable to attend any meeting of the Council, any other Member chosen by the Members present at the meeting shall preside at that meeting. (4) All questions which come up before any meeting of the Council shall be decided by a majority of votes of the Members present and voting and in the event of any equality of votes, the Chairperson, or in the absence of the Chairperson the person presiding, shall have and exercise a second or casting vote.

Title: Vacancies, etc., not to invalidate proceedings of the Council

Description: No act or proceeding of the Council shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Council; or (b) any defect in the appointment of a person acting as a Member of the Council; or (c) any irregularity in the procedure of the Council not affecting the merits of the case.

Title: Power to co-opt

Description: (1) The Council may co-opt, in such manner and for such purposes as may be determined by regulations, not more than three persons, whose assistance or advice it may desire in carrying out any of the provisions of this Act. (2) The person co-opted by the Council under sub-section (1) 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, and shall not be a Member for any other purpose.

The National Council for Teacher Education Act, 1993