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ANDHRA PRADESH STATE COUNCIL OF HIGHER EDUCATION ACT, 1988

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S.1 Short title and commencement

       (1) This Act may be called the Andhra Pradesh State Council of Higher Education Act, 1988.
       (2) It shall come into force on such date as the Government may, by notification, appoint.


S.2 Definitions

       In this Act, unless the context otherwise requires,-
       (a) "Chairman" means the Chairman of the State Council of Higher Education;
       (b) "College" means a College affiliated to or associated with or recognised by any University in the State including engineering colleges, polytechnic colleges and all colleges established in the co-operative sector;
       (c) "Degree" means a degree in arts, science, commerce, oriental languages, engineering technology, law, or such other degree recognised by any University in the State and includes a post graduate degree;
       (d) "Diploma" means any course of study after the tenth class to which a diploma is awarded but does not include a certificate;
       (e) "State Council" means the And

S.3 Constitution of State Council of Higher Education

       (1) The Government may, by notification, and with effect on and from such date as may be specified in this behalf, constitute a State Council for the purpose of this Act to be called the Andhra Pradesh State Council of Higher Education.
       (2)
       (a) The State Council shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by the said corporate name.
       (b) In all suits and other legal proceedings by or against the State Council the proceedings shall be signed and verified by the Secretary and all processes in such suits and proceedings shall be issued to and served on the Secretary.
       (3) The Headquarters of the State Council shall be located at Hyderabad.


S.4 Composition of the State Council

       (1) The State Council shall consist of the following members, namely:-
       I. Full Time Members:-
       (i) a Chairman; and
       (ii) a Vice-Chairman; to be appointed by the Government from among eminent educationists;
       II. Ex-Officio Members:-
       (i) the Secretary to Government, Education Department;
       (ii) the Secretary to Government, Finance Department;
       (iii) the Secretary to Government, Labour, Employment and Technical Education;
       (iv) the Secretary or any other officer of the University Grants Commission not below the rank of a Joint Secretary nominated by the Chairman, University Gran

S.5 Terms and Conditions of Service of Chairman, Vice-Chairman and members

       (1) The Chairman, Vice-Chairman or any member (other than an ex-officio member) shall be appointed by the Government ordinarily for a term of three years and shall be eligible for re-appointment for a second term:
       Provided that a person who has not attained the age of sixty-five years shall be eligible to be appointed as Chairman or Vice-Chairman;
       Provided further that it shall be competent for the Government to make an appointment under this sub-section for a term of not less than three years if they consider necessary;
       Provided also that the Chairman, Vice-Chairman or any member (other than an ex-officio member) who incurs disqualification under the rules made in this behalf shall cease to hold such office as Chairman, Vice-Chairman or member.
       (

S.6 Meetings of the Council

       The Council shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this Act.


S.7 Vacancies amongst members or defect in constitution not to invalidate Acts or proceedings of the Council

       No act or proceedings of the Council shall be deemed to be invalid by reason of any vacancy in or any defect in the constitution of the Council.


S.8 Temporary association of persons with the Council for particular purpose

       The Council may associate with itself in such a manner and for such a purpose, any person whose assistance or advice it may desire in carrying out its work. A person associated with Council 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 Council may associate with it members of Medical, Engineering and Agricultural Universities and such other expert bodies as the Government, by order specify, with a view to developing co-ordination among the Universities.


S.9 Staff of the Council

       (1) The Council may appoint a Secretary and the other officers with the previous approval of the Government and the other employees may be appointed by the Council from time to time in accordance with the guidelines prescribed.
       (2) The classification and methods of recruitment, conditions of service, pay and allowances and disciplinary conduct of the officers and other employees referred to in this section shall be such as may be prescribed.


S.10 Authentication of orders and other instruments of the Council

       All orders and decisions of the Council shall be authenticated by the signature of the Chairman or any other member authorised by the Council in this behalf, and all other instruments issued by the Council shall be authenticated by the signature of the Secretary or any other officer of the Council authorised in the like manner in this behalf.


S.11 Powers and functions of the Council

       (1) It shall be the general duty of the Council to co-ordinate and determine standards in institutions of Higher Education or Research and Scientific and Technical institutions in accordance with the guidelines issued by the University Grants Commission from time to time.
       (2) The functions of the Council shall include:
       I. Planning and Co-ordination: -
       (i) prepare consolidated programmes in the sphere of Higher Education in the State in accordance with the guidelines that may be issued by the University Grants Commission from time to time, and to assist in their implementation, keeping in view the over all priorities and perspectives of Higher Education in the State;
       (ii) to assist the University Grants Commission in respect of determination and m

S.12 Special provisions with regard to Intermediate Education

       Notwithstanding anything contained in this Act, and the Andhra Pradesh Intermediate Education Act, 1972, it shall be competent for the Government to entrust to the State Council all or any of the functions relating to Intermediate Education and such other matters for the orderly functioning of the Junior Colleges (including Co-operative and self-financing Junior Colleges) and to seek such help and advice from the State Council in order to ensure the orderly and efficient functioning of such colleges in conformity with the overall objective and educational policy of the State and National Policy.


S.13 Fund of the Council

       (1) The Council shall have its own fund consisting of the grants from Government voted by the Legislative Assembly of the State towards grants to Universities, and Colleges and Grants received from Central Government for higher education and such other funds as may be received by the Council from any other source.
       (2) The Government may pay to the Council in each financial year such as may be considered necessary for the functioning of the Council.
       (3) All moneys belonging to the Fund and all receipts of the Council shall be deposited or invested in such manner as may be prescribed.
       (4) The Council may spend such sums as it may think fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the fund of the Council.


S.14 Release of grants-in-aid to the Universities and institutions

       (1) It shall be the duty of the State Council to allocate grants to different Universities and degree colleges in the State from out of the funds received by it under sub-section (1) of Section 13 and release the same to concerned Universities and colleges.
       (2) Without prejudice to the provisions of the Andhra Pradesh Education Act, 1982, the Director of Higher Education and the other authorities administratively concerned with colleges shall implement the decisions, programmes and instructions of the Council in regard to the planning and monitoring developments and release of grants and funds of the Council under Section 13.


S.15 Annual Financial Statement

       (1) The Council shall prepare an annual financial statement on or before such date as may be prescribed of the estimated capital and revenue receipts and expenditure for the ensuing year.
       (2) The said statement shall include a statement of salaries and allowances of members, officers and servants of the Council and of such other particulars as may be prescribed.
       (3) The Government shall, as soon as may be after receipt of the said statement, cause it to be laid on the Table of the Legislative Assembly of the State.
       (4) The Council shall take into consideration any comments made on the said statement in the Legislative Assembly of the State.
       (5) The Council may at any time during the year in respect of which a statement under sub-section (1) has bee

S.16 Annual report

       The Council shall prepare once in every year, in such form and at such time as may be prescribed an annual report giving a true and full account of its activities during the previous year, and copies thereof shall be forwarded to the Government and the Government shall cause the same to be laid before the Legislative Assembly of the State. A copy of the report shall also be sent to University Grants Commission.


S.17 Accounts and audit

       (1) The Council shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be prescribed.
       (2) The Council shall, as soon as may be after closing its annual accounts, prepare a statement of accounts in such form, and forward the same to the Government by such date, as the Government may determine.
       (3) The accounts of the Council shall be audited by such authority, at such times and in such manner as may be prescribed.
       (4) The annual accounts of the Council together with the audit report thereon shall be forwarded to the Government and the Government shall cause the same to be laid before the Legislative Assembly of the State and shall also forward a copy of the Audit report to the Council for taking suitable action on th

S.18 Directions by the Government

       (1) In the discharge of its functions under this Act, the Council shall be guided, by such directions on questions of policy relating to State purposes or in case of any emergency as may be given to it by the Government.
       (2) If any dispute arises between the Government and the Council as to whether a question is or is not a question of policy relating to State purposes, or whether an emergency has arisen the decision of the Government thereon shall be final.


S.19 Returns and Information

       The Council shall furnish to the Government such returns or other information with respect to its property or activities as the Government may, from time to time require.


S.20 Inspection and enquiry

       (1) The Government shall have the right to cause an inspection to be made, by an officer not below the rank of Secretary to the Government authorised by it, of the State Council and also to cause an inquiry to be made into the work done by the State Council in respect of any matter entrusted to it. The Government shall in every case give notice to the State Council of its intention to cause such inspection or inquiry to be made and the State Council shall be entitled to be represented thereat. The Officer making the inspection or inquiry shall inform the Government of the results thereof.
       (2) The Government shall communicate to the State Council its views with reference to the results of such inspection or inquiry and may advise the State Council upon the action to be taken.
       (3) The State Council shall, within such time as the Government

S.21 Revision

       The Government may either suo motu or on an application made to them, call for and examine the records of any order passed or decision taken by the State Council under the provisions of this Act, for the purpose of satisfying themselves as to the legality or propriety of such order or decision or as to regularity of such procedure and pass such order with respect thereto as they may think fit:
       Provided that no such order shall be made except after giving the State Council or the person likely to be affected thereby, a reasonable opportunity of being heard.


S.22 Power to make rules

       (1) The Government may, by notification make rules for carrying out all or any of the purposes of this Act.
       (2) Every rule made under this Act, shall, immediately after it is made, be laid before the Legislative Assembly of the State, if it is in session and if it is not in session in the session immediately following for a total period of fourteen days which may comprise in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of an

S.23 Power to make regulations

       (1) The Council may make regulations consistent with this Act and rules made thereunder:-
       (a) regulating the meeting of the Council and the procedure for conducting business thereat; and
       (b) regulating the manner in which and the purposes for which persons may be associated with the Council under Section 8.
       (2) No regulation shall be made under this section except with the previous approval of the Government.


S.24 Power to remove difficulties

       If any difficulty arises in giving effect to the provisions of this Act, the Government may by order make such provision not inconsistent with the purpose of this Act, as appears to them to be necessary or expedient for removing the difficulty.


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