Clarifications on certain issues/anomalies pertaining to Qualifications, Pay Scales, Service Conditions, Career Advancement Schemes (CAS) etc for Teachers and other Academic Staff of Technical Institutions (Degree/ Diploma)
Infirmities in the Notification regarding All India Council for Technical Education (Clarifications on certain issues/anomalies pertaining to Qualifications, Pay Scales, Service Conditions, Career Advancement Schemes (CAS) etc for Teachers and other Academic Staff of Technical Institutions (Degree/ Diploma), in the parent Regulations of 2016.
Report relates to the Action Taken on the Observations/Recommendations of the Committee contained in the Second Report (2019-2020) (Seventeenth Lok Sabha) which was presented to Lok Sabha on 13.03.2020.
Extract of REPORT
This Report of the Committee on Subordinate Legislation (2021-2022) deals with the Action Taken by the Government on the Observations/Recommendations contained in the Second Report (Seventeenth Lok Sabha) of the Committee which was presented to Lok Sabha on 13.03.2020. The Second Report dealt with the following Regulations :-
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(iv) Infirmities in the Notification regarding All India Council for Technical Education (Clarifications on certain issues/anomalies pertaining to Qualifications, Pay Scales, Service Conditions, Career Advancement Schemes (CAS) etc for Teachers and other Academic Staff of Technical Institutions (Degree/ Diploma), in the parent Regulations of 2016.
A statement showing the Observations/Recommendations made by the Committee and Action Taken by the Ministry of Finance (Department of Financial Services) and the Ministry of Education (Department of Higher Education) on the same is given as Appendix I & Appendix II respectively in Part II of the Report.
II. Infirmities in the Notification regarding All India Council for Technical Education (Clarifications on certain issues/ anomalies pertaining to Qualifications, Pay Scales, Service Conditions, Career Advancement Schemes (CAS) etc for Teachers and other Academic Staff of Technical Institutions (Degree/ Diploma), in the parent Regulations of 2016.
The Committee noted that, in the above statutory notification, notified by the All India Council of Technical Education (AICTE), the short title did not contain the word ‘Regulations’ before ‘2016’ and the commencement clause indicating the date of coming into force of the extant Regulations was also missing. As per Ministry the word ‘Regulation’ was not mentioned before ‘2016’ because the same had already been mentioned in the beginning of title clause and as the extant notification was issued in the form of clarifications based on several representations/queries received by AICTE regarding various anomalies relating to Pay Scales, Qualifications, Service Conditions etc. the commencement clause was not given. The clarifications furnished by the Ministry of Human Resource Development to justify the deviations from the normal practice followed in the drafting of the statutory Rules/Regulations did not appear to be satisfactory. The Committee, therefore, recommended that for the sake of clarity and removal of anomalies, the Ministry may issue a corrigendum to the extant Notification and also to avoid recurrence of such lapses in future all statutory notifications may duly be got vetted by Ministry of Law & Justice before their publication.
(Para 2.5)
The Ministry of Education (Department of Higher Education) in their Action Taken Reply informed that the matter was taken up with Ministry of Law & Justice, which has opined that since the Regulation is in form of clarification in continuation to AICTE’s earlier notifications, the Ministry may consider issuing a fresh notification by incorporating the clarifications in the original notification itself. Accordingly, AICTE has been requested to prepare a draft regulation, 2021 by subsuming the provisions and in supersession of its regulations of 2010, 2012 and 2016 on the subject matter and furnish a copy of the same to this Ministry for further examination and approval before vetting by Ministry of Law and Justice. Further, the recommendations of the Committee are being strictly adhered to in respect of Gazette Notifications issued by AICTE
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6. The Committee are also satisfied to note that the Ministry of Education (Department of Higher Education) has informed that the recommendations of the Committee are being strictly adhered to in respect of Gazette Notifications issued by AICTE and AICTE has been requested to prepare a draft regulation, 2021 by subsuming the provisions and in supersession of its regulations of 2010, 2012 and 2016 on the subject matter and furnish a copy of the same to this Ministry for further examination and approval before vetting by Ministry of Law and Justice. The Committee express their satisfaction over the acceptance of their recommendations by the concerned Ministries and also for taking corrective measures.
7. The Committee would, therefore, like the Ministry of Education (Department of Higher Education) to expedite the process and issue a fresh notification by incorporating the clarifications in the original notification itself without delay
New Delhi;
August, 2022
Shravana, 1944 (Saka)
BALASHOWRY VALLABHANENI
Chairperson,
Committee on Subordinate Legislation
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STATEMENT SHOWING THE ACTION TAKEN BY THE MINISTRY OF EDUCATION (DEPARTMENT OF HIGHER EDUCATION) ON THE OBSERVATIONS/ RECOMMENDATIONS CONTAINED IN THE SECOND REPORT OF THE COMMITTEE (17th LOK SABHA)
Observations/ Recommendations of the Committee
The Committee note that in the statutory Notification titled ‘All India Council for Technical Education (Clarifications on certain issues/anomalies pertaining to Qualifications, Pay Scales, Service Conditions, Career Advancement Schemes (CAS) etc for Teachers and other Academic Staff of Technical Institutions (Degree/ Diploma) 2016’ notified by the All India Council of Technical Education (AICTE) in exercise of the powers conferred under the All India Council for Technical Education Act, 1987, the short title did not contain the word ‘Regulations’ before ‘2016’. Moreover, the commencement clause indicating the date of coming into force of the extant Regulations was also missing In the aforesaid regulations. On being pointed out, the Ministry of Human Resource Development (Department of Higher Education) have tried to justify the omission of the word “Regulation” before 2016 in the title clause by stating that the word “Regulation” has already been mentioned in the beginning of title clause. As regards the absence of the date of commencement of the regulation, the Ministry have come out with the reply that the extant Notification has been issued in the form of clarifications based on several representations/ queries received by AICTE regarding various anomalies/issues relating to Pay Scales, Qualifications and Service Conditions as prescribed in the main AICTE Regulations dated 5.3.2010 and 8.11.2012.(Career Advancement Scheme) (Degree/Diploma) for teachers and other academic staff in Technical Institutions. The clarifications so furnished by the Ministry to justify the deviations from the normal practice followed in the drafting of the statutory Rules/ regulations do not appear to be satisfactory. This is so because the nomenclatures ‘Act’, ‘Rules’ ‘Regulation’ etc. as the case may be, affixed before the year of incorporation in the short title are the essential ingredients of any statute as well as the ‘statutory order’. Similarly, the date of commencement of such statutory Notifications is invariably indicated by way of a commencement clause regarding the date of their coming into force. As the extant Notification is clearly a statutory Notification published under the powers conferred by the AICTE Act, 1987 and according to the Ministry’ own admission that it is going to be a part of the parent Regulations published in the year 2010 it becomes amply clear that the Ministry have erred in justifying their omissions. It is also not clear whether the extant Notification was got vetted by the Legislative Department of the Ministry of Law and Justice. It needs to be emphasized that statutory orders made under the powers conferred by the Acts of Parliament are to be drafted very carefully with due regard to all the associated procedural aspects. The Committee, therefore, recommend that for the sake of clarity and removal of anomalies, the Ministry may issue a corrigendum to the extant Notification in respect of the above discussed shortcomings. Further, to avoid recurrence of such lapses in the future, all such statutory Notifications may duly be got vetted by the Ministry of Law & Justice before their publication in the official Gazette. In this regard the Committee trust the assurance given by the Ministry that the normal practice followed in the Notification of the Rules/Regulations shall be adhered to in future.
(Para 2.5 of the Report)
REPLY OF THE MINISTRY
The matter was taken up with Ministry of Law & Justice, which has opined that since the Gazette Notification namely The All India Council for Technical Education (Clarification on certain issues/anomalies pertaining to Qualifications, Pay Scales, Service Conditions, Career Advancement Schemes (CAS) etc for Teachers and other Academic Staff of Technical Institutions (Degree/ Diploma), 2016 (F.No. 27/RIFD/Pay Scale/01/2013-14) is in the form of clarification in continuation to AICTE’s earlier notifications of 2010 & 2012 on the same matter, the Ministry may consider issuing a fresh notification by incorporating the clarifications in the original notification itself.
Accordingly, AICTE has been requested to prepare a draft regulation, 2021 by subsuming the provisions and in supersession of its regulations of 2010, 2012 and 2016 on the subject matter and furnish a copy of the same to this Ministry for further examination and approval before vetting by Ministry of Law and Justice. Further, the recommendations of the Committee are being strictly adhered to in respect of Gazette Notifications issued by AICTE.
(Ministry of Education,
Department of Higher Education)
OM no. 1-21/2018-TS.II
Dated 07th December, 2021
COMMENTS