Annexure: Regulatory Authorities

In this Annexure, a brief account of the statutory functions of each of the following 15 regulatory authorities has been provided: Additional information about them has been given in the second part of the book while discussing the courses that fall within their respective jurisdictions.

1.  All India Council for Technical Education (AICTE), IG Stadium, IP Estate, New Delhi-110002.

2.  Bar Council of India (BCI), 21 Deen Dayal Upadhyay Marg. New Delhi-110002.

3.  Central Council of Homoeopathy (CCH), JL Nehru Bharatiya Chikitsa Avum Homoeopathy Anusandhan Bhawan, 61-65 Institutional Area, Opp. D “Block”, Janakpuri, New Delhi-110058.

4.  Central Council of Indian Medicine (CCIM), 61-65 Institutional Area, Janakpuri, New Delhi-110058.

5.  Council of Architecture (CoA), Zone 6A India Habitat Centre, Lodhi Road Complex, New Delhi-110003.

6.  Dental Council of India (DCI), Temple Lane, Kotla Road, New Delhi-110002.

7.  Distance Education Council (DEC), Indira Gandhi National Open University (IGNOU), K-76 Houz Khas, New Delhi-110016.

8.  Indian Nursing Council (INC), Combined Council Building, Kotla Road, New Delhi-110002.

9.  Medical Council of India (MCI), Temple Lane, Kotla Road, New Delhi-110002.

10.  National Council for Teacher Education (NCTE), C-2/10, Safdarjung Development Area, Sri Aurobindo Marg, New Delhi-110016. (Website: www.nctein.org).

11.  Pharmacy Council of India, (PCI), Temple Lane Awam-e-Ghalib Marg (Near Mata Sundari College), Kotla Road, New Delhi-110002.

12.  Rehabilitation Council of India (RCI), 23-A Shivaji Marg (Near Karampura Complex), New Delhi-110015. (Website: www.rehabcouncil.org).

13.  State Councils of Higher Education,

14.  Veterinary Council of India (VCI), 16/15, WEA, Arya Samaj Road, Karol Bagh, New Delhi-110—5.

15.  Directorate General of Shipping Jahaz Bhawan, WH Marg. Ballard Estate, Mumbai-400038.

1. All India Council for Technical Education (AICTE)

The AICTE in the Ministry of Human Resources Development was set up in 1945 as an advisory body and was given a statutory status through the All India Council for Technical Education Act, 1987. The main statutory functions of the AICTE include 1. Proper planning and coordinated development of the technical education system, 2. Promotion or qualitative improvement of technical education in relation to planned qualitative growth, and 3. Regulation and proper maintenance of norms and standards in the technical education system. In specific terms, AICTE is responsible for granting approval for establishing new technical institutions, introduction of courses and programmes in these institutions and fixing the capacity of each course.

At present the AICTE jurisdiction extends over the following areas in technical education: 1. Diploma and undergraduate programmes in hotel management and catering technology, *ERROR* 3. diploma courses in applied arts & crafts, 4. postgraduate degree courses in management (MBA or two-year postgraduate diploma) and 5. Postgraduate degree in computer application (MCA). Only those institutions which have completed ten years from the date of establishment with the approval of the AICTE to offer undergraduate courses are entitled to introduce postgraduate degree courses. The AICTE has regional offices located in Bangalore, Bhopal, Chandigarh, Chennai, Kanpur and Mumbai. AICTE has set up in September 1994, the National Board of Accreditation (NBA) to periodically conduct evaluation of engineering and technical institutions and programmes offered by them and assign accreditation rank (See Chapter 8 – Recognition, Accreditation and Ranking).

The AICTE had brought out five directories of approved institutions in

A.  Postgraduate Degree and Diploma Programmes in Management and Master of Computer Applications,

B.  Degree and Diploma Programmes in Pharmacy, Hotel Management and Catering Technology and Architecture,

C.  Diploma Programmes in Engineering and Technology,

D.  Degree Programmes in Engineering and Technology, and

E.  Postgraduate Programmes in Engineering and Technology, Pharmacy, Architecture, Planning, Applied Arts and Crafts.

All the publications, except the last one, provide information as on December 31, 1997. As regards the last title the information related to March 31, 1997. However, the AICTE has not yet included this information in its website. Another directory gives a list of institutions granted accreditation by the NAB. The latest list is also available on AICTE’s website.

Recently, the AICTE had introduced a system, under its Continuing Education Programme (CEP), for recognising institutions offering short-term professional/Vocational courses.

The AICTE is now coming under severe criticism for its failure to regulate effectively the vast number of professional institutions mushrooming in the country. It is often dubbed as a “licensing authority”. It had failed to enforce certain standards to ensure quality of professional education. There is a view that it has under its regulatory umbrella too many subject areas to handle effectively

2. The Bar Council of India (BCI)

The BCI was constituted under the Advocates Act, 1961. Prior to this Act, there was no Bar Council of India. The Indian Bar Council Act, 1961 only provided for a Bar Council for each High Court. The functions of the BCI relating to legal education are:

1.  To promote legal education and to lay down its standards “in consultation with the Universities in India imparting such education and the State Bar Councils”. And

2.  To recognise universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect universities”.

According to an amendment of the Act made in 1983. The BCI can ask State Bar Councils to “visit and inspect universities”.

Part IV of the Bar Council of India Rules – “Standards of Legal Education and Recognition of degrees in Law for Admission as Advocates” provides among others the syllabus and the subjects for examination both for the three-year and five-year LLB programmes. Recently, the BCI had asked all the universities to abolish all the evening law colleges because they are unable to maintain the specified standard.

3. Central Council of Homeopathy (CCH)

The CCH was established under the provision of Homoeopathy Central Council Act, 1973 to regulate education, practice and maintenance of Central Register of Homoeopathic practitioners. IT has laid down the minimum standards of medical education in Homoeopathy. It inspects colleges to ensure that the specified standards are being adhered to by them. In accordance with the other provisions of the 1973 (i) A Central Council for Research in Homoeopathy has been set up for initiating, developing and coordination scientific research in different aspects of the Homoeopathic system, and (ii) the National of Homoeopathy has been established in Calcutta, a premier institution in India, for providing undergraduate and postgraduate education in Homoeopathy. It also maintains the Central Register of practitioners of Homoeopathy.

4. Central Council of Indian Medicine (CCIM

The CCIM is a statutory body constituted under the Indian Medicine Central Council Act, 1970. The main objectives of the Central Council are:

1.  Prescribing the minimum standards of education for courses in Indian Systems of Medicine, viz., Ayurveda, Siddha and Unani.

2.  Advising Central Government in matters relating to recognition to medical qualifications of Indian Medicine,

3.  Maintaining the Central Register of Indian Medicine practitioners, and

4.  Regulating practice in Indian Medicine and prescribing standards of professional conduct, etiquette and Code of Ethics to be observed by the practitioners.

The CCIM has prescribed the uniform curriculum and syllabus for under graduate and postgraduate education which are amended from time to time. The Council also considers the issue of inclusion of medical qualifications granted by the Universities in the Schedules to the IMCC Act, 1970. The Council has also prescribed the standards of professionals conduct, etiquette and Code of Ethics for practitioners. The Council regularly visits the Ayurvedic and Unani colleges to assess the standards of education in conformity with the minimum standards and requirements laid by it.

5. Council of Architecture (COA)

The council of Architecture has been constituted under the Architects Act, 1972 which provides for the registration of architects and empowers the Council to prescribe the minimum standards of architecture education required for granting recognised qualifications by colleges or institutions. The Council is empowered to inspect any college or institution where architectural courses are offered and to attend any examination held by them. This is for the purpose of recommending to the Central Government recognition of architectural qualification granted by the college. The qualifications which have been granted recognition include:

1.  B.Arch of five years duration awarded by universities,

2.  B.Arch degree awarded by Indian institute of Technology (IIT) Kharagpur,

3.  Full-time Diploma in Architecture of the Sir J.J. School of Art, Bombay, awarded after 1941,

4.  Diploma in Architecture awarded by the School of Architecture, AHMADABAD and

5.  Membership of the Indian Institute of Architects.

In accordance with Section 45 of the Architects Act, the Council has framed Council of Architecture (Minimum Standards of Architecture Education) Regulation, 1983. It contains rules relating to the admission to architecture courses, intake capacity of students, period of study, subjects of examination and qualification of examiners. It also prescribes staff student ratio, Physical and other facilities to be provided by the institution. Finally, it describes the designation, pay scale and qualifications prescribed for faculty positions. Architecture education is under the dual control of the AICTE and the Council of Architecture. The COA is, therefore, a member of the AICTE.

6. Dental Council of India (DCI)

The DCI has been constituted under the Dentists Act, 1948 with the power to recognise the Dental qualifications (BDS/MDS) and to regulate dental education, dental profession and dental ethics. Clinical practice can be undertaken only by dentists who have qualified form recognised dental colleges and are registered with the State Dental Councils. No foreign national and no Indian qualified in a foreign university can practice dentistry in India unless he has taken permission from the DCI and is registered with the concerned State council.

By inserting three new sections 10A, 10B and 10C in the 1948 Act by an amendment in 1993, the DCI has been given teeth to regulate dental education in India. According to Section 10A (1), without the previous permission of the Central Government: 1. No dental college can be established, 2. No dental college can introduce “a new or higher course of study or training” and “increase its admission capacity in any course of study or training (including a postgraduate course of study and training)”. Section 10B authorises the DCI to refuse recognition of the degrees awarded in violation of the provisions in Section 10A (1). Finally, Section, 10A (2) lays down the procedure for obtaining permission for establishing a new dental college.

7. Distance Education Council (DEC)

The DEC was set up by IGNOU in pursuance of Section 5 (2) of IGNOU Act, 1985. According to this Section, one of the duties of IGNOU would be “the promotion of the open university and distance education system and for the determination of standards of teaching education and research in such system”. Accordingly, DEC

1.  Promotion of Open and Distance Education System in the country.

2.  Coordination of Open and Distance Education activities.

3.  Maintenance of standards in Distance Education institutions in the country

4.  Provision of development assistance to State Open Universities and Correspondence Course institutions

In order to fulfil the above objectives, it has prepared programmes, specific norms and standards for offering professional and vocational programmes through distance mode. To ensure standards of these programmes, the DEC has initiated the quality assurance system in State Open Universities and Institutes. It also proposes to prepare a Directory of Distance Education Providers and has called for information from universities and institutions. DEC, however, warns that furnishing of information does not imply any recognition of the programmes or the institutions or their operations.

8. Indian Nursing Council (INC)

The Inc has been constituted under the Indian Nursing Council Act, 1947. The Council is responsible for the regulation and maintenance of uniform standards of training in nursing at all levels: Auxiliary Nursing Midwife (ANM), General Nursing and Midwifery (GNM), B.ES. (Nursing), master’s Degree in Nursing and M.Phil./Ph.D. in Nursing. The Council prescribes the syllabus and regulations for various nursing courses. One of its important functions the inspection of nursing schools and colleges and examination centres to ensure that the uniformity and requisite and standards and being maintained.

9. Medical Council of India (MCI)

The MCI is the only regulatory authority in the field of professional education that existed before Independence. It was constituted under the Indian Medical Council Act, 1933. The present MCI came into existence under the Indian Medical Council act, 1956 which replaced the 1933 Act. MCI has three major functions:

1.  Maintenance of Medical Register for India,

2.  Prescribing the minimum standards of medical education and

3.  Granting recognition to medical colleges and institutions and degrees and diploma awarded by them.

The First Schedule of the Act and part 1 of the third schedule give two lists of recognised qualifications awarded by universities and medical institutions in India. The MCI is also the competent authority to determine whether foreign medical degrees would be accorded recognition. The Second Schedule and part II of the third schedule give two lists of medical qualifications granted by medical institutions outside India which had been recognised by the MCI.

The MCI has also the power to obtain information from universities and recognised medical colleges and institutions affiliated to them about the courses of studies and examinations. It can inspect medical colleges and institutions and attend examinations to inquire into the “adequacy of the standard of medical education including staff, equipment, accommodation, training and other facilities prescribed for giving medical education or on the sufficiency of every examination which they attend”. Any adverse report may lead to the derecognition of the college or institution or the course.

By inserting three new sections 10A, 10B and 10C in the Act by an amendment in 1993, the MCI has been given teeth or regulate medical education. The Act became effective retrospectively from August 27, 1992. According to Section 10A (1), without the previous permission of the Central government: 1. No medical college can be established, 2. No medical college can introduce” a new or higher course of study or training”, and “increase its admission capacity in any course of study or training (including a postgraduate course of study or training). Section 10B authorises the MCI to refuse recognition of the degrees awarded in violation of the stipulations in Section 10A (1). Section 10A (2) lays down the procedures to be followed for obtaining permission for establishing a medical college.

The regulations formulated by the MCI are contained in Regulations on Graduate Medical Education, 1997 which came into effect on May 17, 1997.

10. National Council for Teacher Education (NCTE)

The NCTE in the Ministry of Human Resources Development was constituted in accordance with the National Council for Teacher Education Act, 1993. It was, however, established as a non-statutory body in 1973 by an order of the Government of India. The objectives of the NCTE are: 1. achieving planned and coordinated development of the teacher education system throughout the country and 2. The regulation and proper maintenance of norms and standards in the teacher education system.

While the existing teacher education colleges are required to obtain recognition on fulfilling the existing teacher education colleges must first seek recognition from NCTE before they start functioning. Introduction of new courses also needs the prior approval of the NCTE. The universities can accord affiliation only to colleges that have been granted recognition by the NCTE.

Persons obtaining qualifications form unrecognised colleges are not eligible for appointments in Central and State Government institutions universities, colleges, schools or other educational bodies aided by the governments. To begin with, the NCTE dealt with B.ED. (Both regular and distance learning mode) only. Now it has initiated the process of regulating the M.Ed. courses also. The NCTE also had stipulated that the recognised colleges should indicate prominently in admission advertisements the fact that they are recognised by the NCTE.

NCTE has four regional committees, each headed by a Regional Director

1.  Northern Regional Committee, A-46, Shanti Path, Tilak Nagar, Jaipur-302004. (Jurisdiction: Delhi, Haryana, Himachal Pradesh, Punjab, Rajasthan, Uttar Pradesh and Chandigarh).

2.  Southern Regional Committee, 125, Infantry Road, Opp. Medinova Diagnostic Services, Bangalore-560001. (Jurisdiction: Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Lakshadweep and Pondicherry).

3.  Western Regional Committee, Manasa Bhawan, Near AIR, Syamala Hills, Bhopal-462002. (Jurisdiction: Goa, Gujarat, Maharashtra, Madhya Pradesh, Dadra & Nagar Haveli, Daman and Diu).

4.  Eastern Regional Committee: 15, Neelkanth Nagar, Nayapalli, Bhubnaeshwar-750012. (Jurisdiction: Arunachal Pradesh, Assam, Bihar, Manipur, Meghalaya, Mizoram, Nagaland, Orissa, Sikkim, Tripura, West Bengal and Andaman & Nicobar Islands).

The students may ascertain from the officers of the Regional Committees whether particular colleges have been accorded recognition by the NCTE. NCTE has set up its website (http://www.ncte.in.org/) which contains up to-date information profile of each of the recognised teacher education institutions indicating the facilities available and the status of recognition.

11. Pharmacy Council of India (PCI)

The PCI was constituted under the Pharmacy Act 1948 with the power (1) to prescribe the minimum standard of education, (2) to approve courses of study and examination for pharmacists and (3) to set up State Pharmaceutical Councils, responsible for the maintenance of registers of pharmacists. The Council is authorised to make regulations called “Education Regulation” prescribing the minimum standard of education required for qualification as a Pharmacist. In particular, the regulation may prescribe the nature and period of study and of practical training to be undertaken, the equipment and facilities to be provided and the subjects of examinations and the standards to be attained.

Any institution intending to offer pharmacy course must apply to the Council for its approval. If the course conforms to the requirements specified in the “Education recognition”, it will be accorded recognition. The Council can withdraw this recognition subsequently it is found that the institutions is unable to maintain the prescribed standards. The Council is the appropriate authority to approve pharmacy qualification granted in other countries. The Council is responsible for maintaining the Central Register of the Pharmacists on the basis of data contained in the State Registers maintained by the State Councils. The pharmacy courses are, however, under the dual control of the Pharmacy Council of India and the All India council of Technical Education. The Pharmacy Council is therefore, a member of the AICTE.

12. Rehabilitation Council of India (RCI)

The RCI, a statutory body under the Ministry of Social Justice and Empowerment, was constituted under the Rehabilitation Council of India Act, 1992 for regulating and monitoring the training or professionals engaged in rehabilitating physically and mentally handicapped persons. No university and institution can offer any course for the training of the following categories of rehabilitation professionals without the approval and recognition of the RCI:

1.  Physiotherapists,

2.  Occupational Therapists,

3.  Clinical Psychologists,

4.  Speech Pathologists,

5.  Audiologist and Speech Therapists,

6.  Special Teachers for educating and training the handicapped,

7.  Rehabilitation Psychologists,

8.  Hearing Aid and Ear Mould Technicians,

9.  Rehabilitations Engineers and Technicians,

10.  Vocational Counsellors, Employment Officers and Placement Officers Dealing with handicapped,

11.  Multipurpose Rehabilitation Therapists/Technicians,

12.  Rehabilitation practitioners in Mental Retardation,

13.  Orientation and Mobility specialists,

14.  Community Based Rehabilitation Professionals,

15.  Rehabilitation Counsellors/Administrators,

16.  Prosthetists and Orthotists,

17.  Rehabilitation workshop Mangers,

18.  Ophthalmic Technicians,

19.  Rehabilitation Social Workers.

RCI prescribes minimum standard of education for the above categories of professionals. Rehabilitation programmes can practice only if they successfully undergo training in recognised institutions and register themselves with the RCI which maintains the Central Rehabilitation Register. Those who are already working as rehabilitation professionals without acquiring any qualification would be required to undergo a bridge course to enable them to register themselves with RCI. The Rehabilitation Council Act would further be modified to make it more effective.

13. State Councils of Higher Education

The National Policy of Education, 1986 recommended that in each State, a State council of Higher Education should be set up for the State level planning and coordination of higher education in cooperation with the UGC. The UGC, on the recommendation of a committee set up by it, laid down the guidelines for the constitution of State Councils of Higher Education by enacting a suitable legislation. An idea about the functions of the State Council of Higher Education may be had from the AP State Council of Higher Education Act, 1988.

The Act stipulates two functions of the Council: 1. Planning and coordination function and 2. Academic Function. The first one includes, among others, the formulation of principles and taking decision in respect of the approval and sanction for establishment of new educational institutions. The academic function includes (1) the promotion and coordination of the programmes of autonomous colleges and monitoring its implementation and (2) to conduct entrance examinations to institutions of higher education and render advice on admissions.

14. Veterinary Council of India (VCI)

The VCI (along with State veterinary Councils) was established under the Indian Veterinary Council Act, 1984 to regulate veterinary practice and maintenance of Indian veterinary Practitioners Register. The Act provides a list of qualifications awarded by different universities which are recognised by the Council for the purpose of the Act. The Council has prescribed minimum standard of veterinary education leading to BVSc & AH degree.

The VCI has the power (1) to seek information from the recognised institutions about courses of study and examinations are being held to enable it to recommend to the Central Government the recognition of the qualifications granted by them and (3) to recommend to the Central Government the de-recognition, if the courses of study and examinations are not in conformity with regulations made under the act or fall short of he standards required, or the infrastructural facilities do not conform to the standards prescribed by the Council. The VCI also conducts the All India Common Entrance Examination for admission to 15% of seats in the BVSc & AH courses in veterinary colleges.

15. Directorate General of Shipping

The Directorate General of Shipping in the Ministry of Surface Transport accords recognition to merchant navy related courses, such as marine engineering and nautical science.