Section 32 in The National Council for Teacher Education Act, 1993

Title: Power to make regulations

Description: (1) The Council may, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, generally to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-- (a) the time and the place of the meetings of the Council and the procedure for conducting business thereat under sub-section (1) of section 7; (b) the manner in which and the purposes for which persons may be co-opted by the Council under sub-section (1) of section 9; (c) the appointment and terms and conditions of service of officers and other employees of the Council under sub-sections (1) and (2) respectively of section 10; (d) the norms, guidelines and standards in respect of— (i) the minimum qualifications for a person to be employed as a teacher under clause (d) of section 12; (ii) the specified category of courses or training in teacher education under clause (e) of section 12; (iii) starting of new courses or training in recognised institutions under clause (f) of section 12; (iv) standards in respect of examinations leading to teacher education qualifications referred to in clause (g) of section 12; (v) the tuition fees and other fees chargeable by institutions under clause (h) of section 12; (vi) the schemes for various levels of teacher education, and identification of institutions for offering teacher development programmes under clause (l) of section 12; 1[(dd) the qualifications of teachers under section 12A;] (e) the form and the manner in which an application for recognition is to be submitted under sub-section (1) of section 14; (f) conditions required for the proper functioning of the institution and conditions for granting recognition under clause (a) of sub-section (3) of section 14; (g) the form and the manner in which an application for permission is to be made under sub-section (1) of section 15; (h) conditions required for the proper conduct of a new course or training and conditions for granting permission under clause (a) of sub-section (3) of section 15; (i) the functions which may be assigned by the Council to the Executive Committee under sub-section (1) of section 19; (j) the procedure and the quorum necessary for transaction of business at the meetings of the Executive Committee under sub-section (5) of section 19; (k) the manner in which and the purposes for which the Executive Committee may co-opt persons under sub-section (6) of section 19; (l) the number of persons under clause (c) of sub-section (3) of section 20; (m) the term of office and allowances payable to members under sub-section (5) of section 20; (n) additional functions to be performed by the Regional Committee under sub-section (6) of section 20; (o) the functions of, the procedure to be followed by, the territorial jurisdiction of, and the manner of filling casual vacancies among members of, a Regional Committee under sub-section (7) of section 20; (p) any other matter in respect of which provision is to be, or may be, made by regulations. 1 Ins. by Act 18 of 2011, s. 7 (w.e.f. 1-6-2012).

Title: Rules and regulations to be laid before Parliament

Description: Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both House agree in making any modification in the rule or regulation, or both House agree that the rule or regulation should not be made, the rule or regulation 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 regulation.

Title: Power to remove difficulties

Description: (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

Title: Short title, extent, commencement and application

Description: (1) This Act may be called the Recovery of Debts 1[and Bankruptcy] Act, 1993. (2) It extends to the whole of India except the State of Jammu and Kashmir*. (3) It shall be deemed to have come into force on the 24th day of June, 1993. (4) 2[Save as otherwise provided, the provisions of this Code] Act shall not apply where the amount of debt due to any bank or financial institution or to a consortium of banks or financial institutions is less than ten lakh rupees or such other amount, being not less than one lakh rupees, as the Central Government may, by notification, specify. 1. Subs. by Act 31 of 2016, s. 249 and the Fifth Schedule, for "Due to Banks and Financial Institutions" (w.e.f. 1-12-2019) . *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. 2.Subs, by s. 249 and the Fifth Schedule, ibid for "The provision of this Code" (w.e.f. 1-12-2019).

Title: Definitions

Description: In this Act, unless the context otherwise requires, (a) Appellate Tribunal means an Appellate Tribunal established under sub-section (1) of section 8; (b) application means an application made to a Tribunal under section 19; (c) appointed day, in relation to a Tribunal or an Appellate Tribunal, means the date on which such Tribunal is established under sub-section (1) of section 3 or, as the case may be, sub-section (1) of section 8; (d) bank means (i) banking company; (ii) a corresponding new bank; (iii) State Bank of India; (iv) a subsidiary bank; or (v) a Regional Rural Bank; 1[(vi) a multi-State co-operative bank;] (e) banking company shall have the meaning assigned to it in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); 2[(ea) Chairperson means a Chairperson of an Appellate Tribunal appointed under section 9;] (f) corresponding new bank shall have the meaning assigned to it in clause (da) of section 5 of the Banking Regulation Act, 1949 (10 of 1949); 3[(g) debt means any liability (inclusive of interest) which is claimed as due from any person 4[or a pooled investment vehicle as defined in clause (da) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956)] by a bank or a financial institution or by a consortium of banks or financial institutions during the course of any business activity undertaken by the bank or the financial institution or the consortium under any law for the time being in force, in cash or otherwise, whether secured or unsecured, or assigned, or whether payable under a decree or order of any civil court or any arbitration award or otherwise or under a mortgage and subsisting on, and legally recoverable on, the date of the application 5[and includes any liability towards debt securities which remains unpaid in full or part after notice of ninety days served upon the borrower by the debenture trustee or any other authority in whose favour security interest is created for the benefit of holders of debt securities or;]] 6[(ga) debt securities means debt securities listed in accordance with regulations made by the Securities Exchange Board of India under the Securities and Exchange Board of India Act, 1992 (15 of 1992);] (h) financial institution means— (i) a public financial institution within the meaning of section 4A of the Companies Act, 1956 (1 of 1956); 7[(ia) the securitisation company or reconstruction company which has obtained a certificate of registration under sub-section (4) of section 3 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002);] [(ib) a debenture trustee registered with the Board and appointed for secured debt securities;] (ii) such other institution as the Central Government may, having regard to its business activity and the area of its operation in India, by notification, specify; [(ha) financial lease means a lease under a lease agreement of tangible asset, other than negotiable instrument or negotiable document, for transfer of lessor's right therein to the lessee for a certain time in consideration of payment of agreed amount periodically and where lessee becomes the owner of the such assets at the expiry of the term of lease or on payment of the agreed residual amount, as the case may be;] (i) notification means a notification published in the Official Gazette; (j) prescribed means prescribed by rules made under this Act; [(ja) Presiding Officer means the Presiding Officer of the Debts Recovery Tribunal appointed under sub-section (1) of section 4;] [(jb) property means— (a) immovable property; (b) movable property; (c) any debt or any right to receive payment of money, whether secured or unsecured; (d) receivables, whether existing or future; (e) intangible assets, being know-how, patent, copyright, trade mark, licence, franchise or any other business or commercial right of similar nature, as may be prescribed by the Central Government in consultation with Reserve Bank;] (k) Recovery Officer means a Recovery Officer appointed by the Central Government for each Tribunal under sub-section (1) of section 7; (l) Regional Rural Bank means a Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976); [(la) secured creditor shall have the meaning as assigned to it in clause (zd) of sub-section (1) of section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (lb) security interest means mortgage, charge, hypothecation, assignment or any other right, title or interest of any kind whatsoever upon property, created in favour of any bank or financial institution and includes— (a) such right, title or interest upon tangible asset, retained by the bank or financial institution as owner of the property, given on hire or financial lease or conditional sale which secures the obligation to pay any unpaid portion of the purchase price of the asset or an obligation incurred or any credit provided to enable the borrower to acquire the tangible asset; or (b) such right, title or interest in any intangible asset or licence of any intangible asset, which secures the obligation to pay any unpaid portion of the purchase price of the intangible asset or the obligation incurred or any credit extended to enable the borrower to acquire the intangible asset or licence of intangible asset;] (m) State Bank of India means the State Bank of India constituted under section 3 of the State Bank of India Act, 1955 (23 of 1955); (n) subsidiary bank shall have the meaning assigned to it in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959); (o) Tribunal means the Tribunal established under sub-section (1) of section 3. 1 Ins. by Act 1 of 2013, s. 12 (w.e.f. 15-1-2013). 2 Ins. by Act 1 of 2000, s. 3 (w.e.f. 17-1-2000). 3 Subs. by s. 3, ibid., for clause (g) (w.e.f 17-1-2000). 4 Ins. by Act 13 of 2021, s. 160 (w.e.f. 1-4-2021). 5 Ins. by Act 44 of 2016, s. 26 (w.e.f. 1-9-2016). 6 Ins. by Act 30 of 2004, s. 19 (w.e.f. 11-11-2004). 7 Ins. by Act 1 of 2000, s. 3 (w.e.f. 17-1-2000).

The National Council for Teacher Education Act, 1993