Act 1 of 1982
5th February, 1982
The following Act of the Andhra Pradesh Legislature which was reserved by the Governor on the 3rd June, 1981 for the consideration and assent of the President received the assent of the President on 27th January, 1982 and the said assent is hereby first published on the 5th February, 1982 in the Andhra Pradesh Gazette for general information:— ACT No. 1 OF 1982 An Act to consolidate and amend the laws relating to the educational system in the State of Andhra Pradesh for reforming, organising and developing the said educational system and to provide for matters connected therewith or incidental thereto. Whereas it is expedient that the educational system obtaining in the State of Andhra Pradesh should be so developed as to— (i) be an instrument, for establishing and strengthening, consistent with the National policy, a Socialist Secular and Democratic Society and also for promoting Nat
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23. (1) It shall be the responsibility of the manager of local authority institution to comply with all the provisions of this Act and the rules or orders made thereunder.
(2) Without prejudice to the generality of the foregoing provision, it shall be the duty of the manager of the local authority institution,—
24. (1) The management of every private institution shall be constituted in such manner and shall consist of such number of members as may be prescribed:
Provided that the board of trustees, or governing Body of Wakf Board, by whatever name called, constituted or appointed under any other law for the time being in force relating to the charitable and religious institutions and endowments and wakfs, shall be deemed to be a management constituted under this sub-section.
(2) The management shall, for the purposes of this Act, nominate a person to manage the affairs of the institution, whether called by the name of secretary, correspondent or by any other name, and intimate such nomination within thirty days thereof to the competent authority.
(3) (a) Where the competent authority is satisfied that the management is responsible for the lapses or irregularities of the institution, the competent authority may, after giving to such management an opportunity to make re
(1) The manager nominated under section 24 shall be responsible for managing and conducting the affairs of the private institution in accordance with the provisions of this Act and rules or orders made thereunder and for maintaining the properties thereof in proper and good condition.
(2) It shall be the duty of the manager to maintain such records and accounts of the institution and in such manner as may be prescribed.
(3) The manager shall afford all assistance and facilities as may be necessary or reasonably required for the inspection of the institution and its records and accounts by such officer as may be prescribed or authorised by the competent authority in this behalf.
(4) Before the end of April in each year, the manager of every private institution shall furnish to the competent authority a statement containing a list of all movable and immovable properties of the institution with such other particulars as may be prescribed.
(1) Save as otherwise provided in this Act, no private institution shall be closed down or discontinued, unless a notice of not less than one academic year expiring with the end of any academic year and indicating the intention to do so, has been given by the manager to the officer authorised by the competent authority in this behalf.
(2) If any manager fails to give notice as required under sub-section (1), he shall, on conviction, be punished with fine which may extend to one thousand rupees or with simple imprisonment which may extend to two months or with both and with a fine of rupees fifty for every day of further default.
(1) In the event of the private institution being closed down or discontinued or its recognition being withdrawn, the manager shall hand over to the competent authority the custody of all the properties, records and accounts of the institution in his possession.
(2) (a) Where the competent authority is resisted in, or prevented from, obtaining the custody of properties, records or accounts of the institution by such manager, any judicial magistrate of the first class having jurisdiction shall, on an application made by the competent authority, by order, after notice to the manager, direct the handing over of the custody of such properties, records or accounts of the institution to the competent authority within the time specified in such order.
(b) Where the manager fails to hand over the custody of the properties, records or accounts within the time specified in the order of the magistrate under clause (a), he shall be punished with imprisonment which may extend to s
(1) Notwithstanding anything in any law for the time being in force, no sale, mortgage, lease, pledge, charge or transfer of possession in respect of any property of a private institution shall be made or created except with the previous permission in writing of the competent authority on an application made in this behalf.
(2) (a) No permission applied for under sub-section (1) shall be refused by the competent authority except where the grant of such permission will in its opinion, adversely affect the working of the institution.
(b) The competent authority shall pass an order, either granting or refusing permission applied for, within a period of sixty days from the date of receipt of the application.
(3) Any person aggrieved by an order refusing permission under sub-section (2) may, in such manner and within such time as may be prescribed, appeal to the prescribed authority.
(4) Any transaction made in contravention of sub-section (1) shall be null a
Where any manager incurs debts for the purpose of running an educational institution without proper authorisation by the management of such institution and where it is found by the competent authority after making an enquiry that the monies received through such debts have not been utilised for running the institutions it shall be the personal liability of such manager to discharge the said debts.
(1) There shall be parent-teacher association for every educational institution other than an adult educational centre.
(2) The composition and functions of the parent-teacher association shall be in accordance with such rules as may be prescribed.
(1) The Government or the competent authority may authorise any office not below such rank as may be prescribed to inspect any educational institution in the State.
(2) The officer authorised under sub-section (1) shall exercise general powers of inspection over the working of the educational institution.
(3) The manager and the employees of the educational institution shall at all reasonable times be bound to afford to the aforesaid officer all such assistance and facilities as may be required for the purpose of such inspection.
(4) The manager shall comply with such directions or suggestions as may be given by the competent authority on the report of the aforesaid officer:
Provided that the manager aggrieved by any such direction or suggestion may appeal, within thirty days from the date of receipt of such direction or suggestion to the prescribed authority whose decision on such appeal shall be final.
(1) (a) On or after the commencement of this Act, no tutorial institution shall be started without prior registration; and an application for such registration shall be made in the prescribed manner and to the prescribed officer.
(b) In the case of a tutorial institution in existence at the commencement of this Act, any person or body of persons managing such institution shall, within ninety days from such commencement, make an application for registration to the prescribed officer and if no such application is so made or if the prescribed officer communicates to him an order refusing to register the institution under sub-section (2), the person or body of persons managing such institution shall not run the institution from the date of expiration of the ninety days aforesaid or the date of communication of such order of refusal, as the case may be.
(2) On receipt of an application under sub-section (1), the prescribed officer may, after satisfying himself whether or n
(1) There shall be a registered society to establish and maintain abhyudaya pradhamika pathasalas in the State for effecting qualitative improvement in primary education to be called the Abhyudaya Pradhamika Vidya Samstha.
(2) There shall be a registered society to establish and maintain residential educational institutions in the State to be called the Andhra Pradesh Residential Educational Institutions Society.
(3) The composition of the governing body of each of the said societies and its powers and functions shall, notwithstanding anything in any law for the time being in force, be such as may be prescribed.
(4) Where the Government are of opinion that all or any of the educational institutions established and maintained by the said society be taken over, they may, after giving one month's notice to the society to make any representation; direct by notification that the management of the said educational institution shall, with effect on and from the date s
In this Chapter, the expression "local authority" does not include a gram panchayat.
(1) There shall be constituted for each local authority an education fund, to which shall be credited,—
(2) Notwithstanding anything in any other law for the time being
(1) The education fund constituted under section 35 shall be deposited in Government treasury.
(2) All expenses incurred on education by the local authority concerned shall be paid out of the said fund.
(3) All orders or cheques to be drawn upon the fund shall be signed by the chief executive officer of the local authority or by such person as he may authorise in writing to sign on his behalf.
(4) So far as the funds to the credit of the local authority concerned permit, the treasury shall pay—
(1) Any municipal council may, with the previous sanction of the Government and shall, if so directed by them, levy within its jurisdiction, taxes for the purposes of this Act, at such rates as may be considered necessary, as an addition to the taxation levied in the municipality under the Andhra Pradesh Municipalities Act, 1965, under the head of property tax or profession tax or under both these heads.
Explanation.—In construing the expression "taxation levied" occurring in this sub-section, exemptions granted under sub-section (2), sub-section (3), sub-section (4) or sub-section (5) of section 88 of the Andhra Pradesh Municipalities Act, 1965, shall not be taken into account.
(2) Any gram panchayat may, with the previous sanction of the Government and shall, if so directed by them, levy within the area under its jurisdiction or part thereof, taxes for the purposes of this Act, at such rates as may be considered necessary, as an addition to the taxation levied in su
(1) The rates of levy of any tax under section 37 shall be determined—
Provided that rates of any such tax levied as addition to the taxation under the head of profession tax, shall be subject to the limits specified in any law for the time being in force governing the municipalities or gram panchayats, as the case may be, or prescribed by rules made under this Act:
Provided further that the rates of any such tax levied by municipal council or gram panchayat as an addition to the taxation under the head of property tax shall not exceed five per centum per annum in the case of properties taxed on their annual rental value, one fourth per centum per annum in the case of properties taxed on their capital value and four rupees per
(1) Every tax levied in any area under any head of taxation mentioned in section 37 shall be deemed to be an addition to a tax levied under the same head in such area under the law for the time being in force governing the municipalities or gram panchayats, as the case may be, and all the provisions of such law relating to the incidence, assessment or realisation of such tax or in any manner connected therewith shall be applicable accordingly:
Provided that the Government may direct that the said provisions shall apply subject to such modifications and restrictions, as may be prescribed.
(1) On or before the prescribed date, every local authority for which an education fund has been constituted under section 35 shall submit to the Government through the Director in such form as may be prescribed a budget for the ensuing financial year showing the income and expenditure relating to such fund.
(2) The Government may pass such orders as they think fit in respect of the budget and the local authority concerned shall carry out such orders.
The accounts of the education fund of each local authority shall be examined and audited by such officer as may be appointed by the Government and the local authority concerned shall carry out any instructions which the Government may issue on the audit report.
The Government shall, within the limits of its economic capacity, set apart a sum of money annually for being given as grant-in-aid (hereinafter in this Act referred to as grant) to local authority institutions and private institutions in the State, recognised for this purpose in accordance with rules made in this behalf.
(1) The Government may in such cases as they think fit, by order, sanction grant to any recognised local authority educational institution or private educational institution subject to such conditions as they may impose in the order relating to such grant.
(2) Every grant sanctioned under sub-section (1) shall be disbursed by the Director or such other officer subordinate to the Director as the Government may, by a general or special order, authorise in this behalf, in such manner and subject to such conditions as may be prescribed.
(3) The manager of every recognised institution which is receiving any grant out of State funds shall be responsible for the fulfilment of all the conditions subject to which such grant has been given.
(1) Any money received by way of voluntary donation from donors may be accepted by the institution and the fact shall be intimated within forty days from the date of such acceptance to the competent authority. Such money shall be deposited in the account of the institution, in such bank as may be approved by the Government and shall be applied and expended for the improvement of the institution and the development of educational facilities and for such other purposes as may be prescribed.
(2) No money shall be collected at the time of admission by any educational institution as a condition precedent to such admission except towards the prescribed fees. Where any institution is found to be collecting such money, every person, who, at the time of such collection was incharge of, and was responsible to the institution for the management of the institution shall, on conviction, be punished with imprisonment for a term which may extend to six months with fine which may extend to
(1) Every application for the sanction of grant shall be made to the Government, in such form as may be prescribed and shall contain a declaration signed by the manager of the recognised institution to the effect that the conditions of recognition and of grant are being and shall continue to be fully observed, that all facilities for inspection of that institution, its accounts, registers and other records relating to the grant shall be afforded to the inspecting staff deputed for the purpose and that all the returns and reports prescribed in this behalf shall be submitted to the competent authority within the time specified by it.
(2) The Government may sanction such grant or for good and sufficient reasons may refuse to sanction such grant.
(3) Subject to the other provisions of this Act, any order passed by the Government refusing to sanction the grant shall be final and shall not be questioned in any court of law.
(1) Notwithstanding anything in this Chapter, the Government may, after such enquiry as they may deem fit, withhold, reduce or withdraw any grant payable to an educational institution having regard to the funds at the disposal of the Government or the conduct and efficiency and the financial condition of such institution, after giving an opportunity to the manager of the institution concerned of making a representation against such withholding, reduction or withdrawal.
(2) Without prejudice to the generality of the provisions of sub-section (1) or any other provision of this Act, the Government may, after such enquiry as they may deem fit, withhold, reduce or withdraw any grant payable to any educational institution if the manager of the institution concerned,—
(1) All the monies collected, grants received and other movable property held by, or on behalf of a private institution shall be utilised for the purposes for which they are intended, and shall be accounted for by the manager in such manner as may be prescribed.
(2) All the monies received or held by or on behalf of every private institution shall be deposited in a Bank.
(3) The surplus fund of every such institution shall be invested in such manner as may be prescribed and shall be utilised towards educational development only.
Explanation.—For the purpose of this section "surplus fund" means all the monies that remain un-used with the institution at the beginning of each academic year, after providing for all the objects, needs requirements or improvements of the institution during the previous three academic years.
Every educational institution receiving grants out of State funds and other sources shall maintain accounts in such manner and containing such particulars as may be prescribed.
(1) The accounts of every educational institution receiving grants out of State funds shall be audited at the end of every academic year in such manner, after following such procedure and by such authority, officer or person as may be prescribed and different authorities, officers or persons may be prescribed for different classes of educational institutions,
(1) The competent authority shall have the right to cause an inspection of, or inquiry in respect of, any educational institution, its accounts, its buildings, laboratories, libraries, workshops and equipment and also of the examinations teaching and other work conducted or done by the institution to be made by such person or persons as it may direct and to cause an inquiry to be made in respect of any other matter connected with the institution and the educational agency shall be entitled to be represented thereat.
(2) The competent authority shall communicate to the educational agency the views of that authority with reference to the result of such inspection or inquiry and may after ascertaining the opinion of the educational agency thereon, advise that agency upon the action to be taken.
(3) The educational agency shall report to the competent authority the action, if any, which is proposed to be taken or has been taken upon the results of such inspection or inqui
51. Every educational agency shall within such time or within such extended time as may be fixed by the competent authority in this behalf. furnish to the competent authority such returns, statistics and other information as the competent authority may, from time to time, require.
52. In this Chapter—
53. (1) Where before or after the commencement of this Act,—
(2) The Government may, by order in writing permit the transfer of any such land or building subject to such conditions as they may impose, if—
54. Where, in any case, the Government, after giving the manager of the educational institution concerned an opportunity to make his representation in regard to the matter, are satisfied that the provisions of sub-section (1) of section 53 have been contravened in respect of any land or building, they may, by order,—
55. (1) Every order passed by the Government under sub-section (2) of section 53 or section 54 shall, subject to the provisions of sub-sections (2) and (3), be final.
(2) The manager of the institution in respect of which such an order is passed, not being a local authority, may on the ground that the amount repayable or payable by or to him has been wrongly fixed in the order, apply within sixty days from the date on which the order is received by him to the District Judge having jurisdiction over the area in which the property in question is situated for fixing such amount correctly in accordance with the provisions of sub-section (2) of section 53 or section 54, as the case may be.
(3) The District Judge shall determine the amount which is properly repayable or payable by or to the manager in accordance with the provisions of sub-section (2) of section 53 or section 54, as the case may be, and such determination shall be final.
56. (1) When, in pursuance of an order under section 54, the Collector takes possession of any land or building by himself or through another, it shall vest absolutely in the Government free from all encumbrances.
(2) If the Collector or any person authorised by him in this behalf is opposed or impeded in taking possession of any land or building under this Chapter he shall, if he is a Magistrate, enforce the surrender of such land or building to himself; and, if he is not a Magistrate, he shall apply to a Magistrate and such Magistrate shall enforce the surrender of the land or building to the Collector.
(3) Whoever opposes or impedes the Collector or any person authorised by him in taking possession of any land or building under this Chapter shall be punished with imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both.
57. Any sum required to be repaid or paid to the Government in pursuance of section 53 or section 54 or section 55 may, without prejudice to any mode of recovery provided in any other law for the time being in force, be recovered from the properties of the institution or from the manager thereof as if
(1) No land or building referred to in sub-section (1) of section 53 shall be liable to be attached, sold, or made subject to a charge by any Court whether in execution of a decree or order or otherwise, unless the person seeking such relief from the Court has obtained the permission of the Government to do so and files such permission in the Court.
(2) When granting such permission, the Government may impose such conditions as they deem fit.
(3) If any such land or building is attached or sold, or a charge is created thereon by any Court without the permission of the Government having been obtained and filed as aforesaid or if any condition imposed by them when granting such permission is contravened, then the attachment, sale or charge, as the case may be, shall be null and void.
In this Chapter,—
(1) Where the Government are of opinion that the management of any educational institution should either in the public interest or in order to secure the proper management of the said educational institution be taken over, they may, after giving one month's notice to the management of such educational institution to make any representation, direct by notification, that the management of the said educational institution shall with effect on and from the date specified therein vest in the Government until the said educational institution is acquired:
Provided that no private institution under the management of a religious institution, endowment or a wakf shall be taken over without the prior consent of such management.
(2) The educational institution referred to in sub-section (1) shall be deemed to include all assets, rights and leaseholds, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, stores instruments and veh
If the Government are or the special officer appointed under section 60 is, of opinion that any contract of employment entered into by the management in relation to the educational institution at any time before taking over is unduly onerous, they or he may, by giving to the employee one month's notice in writing or salary or wages for one month in lieu thereof, terminate such contract of employment.
(1) If the Government are satisfied, after such enquiry as they may think proper, that any contract or agreement entered into at any time within a period of two years immediately preceding the date aforesaid between the management in relation to the educational institution and any other person, in relation to any service, sale or supply to, or by the educational institution and in force immediately before the taking over, has been entered into in bad faith, or is found detrimental to the interests of the educational institution, they may make, within one hundred and eighty days from the date aforesaid, an order cancelling or varying (either unconditionally or subject to such conditions as they may think fit to impose) such contract or agreement and thereafter the contract or agreement shall have effect accordingly:
Provided that no contract or agreement shall be cancelled or varied except after giving to the parties to the contract or agreement one month's notice to make a r
(3) The amount payable for the acquisition of any immovable property under section 67 shall be—
(4) The amount payable for the acquisition of any movable property shall be the price which such property would fetched in the open market if it had been sold on the date of acquisition.
(5) Where any property requisitioned or acquired under this Act was acquired with the grant from the State funds, the amount of such grant shall be taken into account in the prescribed manner in determining the amount payable.
Explanation.—For purposes of this sub-section, all the proper
69. The amount payable under the award of arbitrator shall, subject to any rules made under this Act, be paid by the competent authority to the person interested, in such manner and within such time as may be specified in the award.
70. Any person aggrieved by the award of the arbitrator under section 68 may, within sixty days from the date of such award, prefer an appeal to the High Court:
Provided that the High Court may entertain an appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
71. The arbitrator appointed under this Chapter, while holding arbitration proceedings under this Act, shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:—
72. The competent authority may, for the purpose of requisitioning or acquiring any property under this Chapter, by order—
73. Notwithstanding anything to the contrary in any contract or agreement or any law for the time being in force, the following provisions shall apply in regard to the persons on the staff of the educational institution immediately before the date on which the management of the educational institution is vested in the Government, namely,—
74. The posts in each category of employees of the educational institutions in a district which have vested in the Government under this Chapter shall be a separate unit for purposes of seniority, discharge, reversion for want of vacancies, re-appointment of probationers and approved probationers and appointment of full members.
75. (1) The Government may, by notification, and with the prior consent of a local authority, take over the control and management of any or all primary and schools or secondary schools established or maintained and administered by the said local authority from such date as may be specified in the said notification; and from the date so notified it shall be open to the Government to control and manage the said schools and all the properties and assets of the local authority pertaining to or intended to be used for, every such school shall stand transferred to, and vest in the Government free from all encumbrances.
(2) Notwithstanding any contract or agreement or any law for the time being in force, every teacher or other person employed in any of the said schools immediately before the date on which the control and management thereof is taken over by the Government shall, as from the said date, be deemed to be an employee of the Government and shall hold office on the same r
76. (1) Notwithstanding anything in the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 or the rules made thereunder, or any other law for the time being in force relating to control and management of schools, the Government may, with effect on and from such date as may be notified, transfer, with the prior consent of a Zilla Parishad, the control and management of all primary schools or secondary schools in a district, established or maintained and administered by the Government or any panchayat samithi to the zilla parishad concerned; and from the date so notified, it shall be open to the zilla parishad to control and manage the said schools in the district, and all the properties and assets of the Government or the Panchayat Samithi, as the case may be, pertaining to or intended to be used for, every such school shall stand transferred to, and vest in, the zilla parishad free from all encumbrances.
(2) Notwithstanding any contract or agreement or any law f
77. (1) Notwithstanding anything in the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959, the Andhra Pradesh Municipalities Act, 1965 or the rules made thereunder or any other law for the time being in force relating to control and management of schools, the Government may, with effect on...
Constitution of education al service. (1) Notwithstanding anything in this Act or the rules made thereunder, the Government may, by notification, constitute any officer or class of officers or any teacher or class of teachers appointed or deemed to be appointed under this Act into an educational service for the State.
(2) Upon issue of a notification under sub-section (1), the Government shall have power to make rules to regulate the classification, methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the members of the educational service thereby constituted and such rules may vest jurisdiction in relation to such service in the Government or in such authority or authorities, as may be prescribed.
Dismissal, removal or reduction in rank or sus, pension, etc. of employees of private institution. (1) No teacher or member of the non-teaching staff employed in any private institution (hereinafter in this Chapter referred to as 'the employee') shall be dismissed, removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
(2) An inquiry under sub-section (1) shall be completed within a period of two months from the date of communication of charges against the employee.
(3) (a) No employee shall be placed under suspension except when an inquiry into the gross misconduct of such employee is contemplated.
(b) No such suspension shall remain in force for more than a period of two months from the date of suspension and if such inquiry is not started and completed within that period, such employee shall, without prejudice to the inquiry, be
Appeal against orders of punishment imposed on employees of private institutions. (1) Any employee who is dismissed, removed or reduced in rank may prefer an appeal against the order to the competent authority within thirty days of the receipt of the order by him.
(2) The competent authority shall not interfere with the order appealed against unless the order is vitiated on any one or more of the following grounds, namely:—
(a) that there is no material to substantiate the charge or charges framed against the employee; or
(b) that the authority who passed the order acted with bias or malafides; or
(c) that the order is perverse or arbitrary; or
(d) that no reasonable opportunity has been afforded to the employee to prove his innocence:
Provided that the competent authority shall not pas any order prejudicial to the management unless an opportunity of making a representation is given.
(3) The competent authority may, after giving noti
(1) Any employee or the management aggrieved by an order of the competent authority under sub-section (2) of section 80, may appeal to the Government within a period of thirty days from the date of receipt of the order.
(2) Where an appeal preferred under sub-section (1) of section 80 has not been disposed of by the competent authority within ninety days from the date the appeal was preferred, it shall be competent for the Government either suo motu or on application, to withdraw the appeal from the competent authority and dispose of the same.
(3) The powers exercisable and the procedure to be followed by the Government acting under this section shall be the same as that of the competent authority under section 80.
Special provision regarding appeal in certain past disciplinary Case. (1) If, before the date of the commencement of this Act, any employee has been dismissed or removed or reduced in rank or his appointment has been otherwise terminated and any appeal preferred before that date—
(a) by him against such dismissal or removal or reduction in rank or termination; or
(b) by him or by the educational agency against any order made before that date in the appeal referred ti in clause (a);
is pending on that date, such appeal shall stand transferred to the competent authority under section 80.
(2) If any such appeal as is referred to in sub-section (1) has been disposed of before the date of the commencement of this Act, the order made in any such appeal shall be deemed to be an order made under this Act and shall have effect accordingly.
Retrenchment of employees. Where retrenchment of any employee is rendered necessary by the management or competent authority consequent on any change relating to education or course of instruction or to any other matter, such retrenchment may be effected with the prior approval of the competent authority the next higher authority, as the case may be.
84. (1) he pay and allowances of any employee in a private institution shall be paid on or before such day of every month in such manner and by or through such authority, officer or person as may be prescribed.
(2) The Government shall have power to direct the payment of salaries of all teachers and members of the non-teaching staff in any private aided institution or class of private aided institutions in such manner and through such agency as the Government may, by order, specify.
85. (1) The Government may appoint a joint consultative committee, consisting of the representatives of the Government, managements and employees of educational institutions to deal with matters pertaining to welfare of those employees.
(2) The Government may, in consultation with the representatives of the employees of educational institutions, prescribe the code of conduct and duties of those employees.
86. The rules of conduct applicable to the employees of educational institutions, other than the employees of a private institution under the management of a charitable or religious institution, charitable or religious endowment or a wakf, shall be such as may be prescribed.
87. (1) If any person contravenes, or attempts to contravene, or abets the contravention of, any of the provisions of this Act or any rule made thereunder, he shall be punishable with fine which may extend to five hundred rupees and in the case of continuing contravention, with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention.
(2) If any person obstructs any authority, officer or person from entering any private educational institution in the exercise of any power conferred on it or him by or under this Act, he shall be punished with fine which may extend to one thousand rupees.
88. (1) Where an offence against any of the provisions of this Act or any rule made thereunder has been committed by a company, every person who, at the time the offence was committed, was incharge of and was responsible to, the company for the conduct of business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything in sub-section (1), where any such offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company
89. save as otherwise provided in this Act,—
Explanation:—For purpose of this section and section 92, the expression "Director" includes the Additional Director or Joint Director when he exercise the powers of the Director under this Act.
90. (1) The Government may, either suo motu or on an application from any person interested, call for and examine the record of an educational institution or of any authority, officer or person in respect of any administrative or quasi-judicial decision or order, not being a proceeding in respect of which a reference to an arbitrator or an appeal to the High Court is provided, to satisfy themselves as to the regularity, correctness, legality or propriety of any decision or order passed therein; and if, in any case it appears to the Government that any such decision or order should be modified, annulled or reserved or remitted for reconsideration, they may pass order accordingly.
Provided that the Government shall not pass any order adversely affecting any party unless such party has had an opportunity of making a representation.
(2) The Government may stay the execution of any such decision or order pending the exercise of powers under sub-section (1) in respect there
91. (1) The Government or the Director may suo-motu at any time or on an application received from any person interested within ninety days of the passing of any order under the provisions of this Act, review any such order, of it was passed by them or him under any mistake, whether of fact or of law, or in ignorance of any material fact.
(2) The provisions contained in the proviso to sub-section (1) and in sub-sections (2) and (3) of section 90 shall, so far may be, apply in respect of any proceeding under his section as they apply to a proceeding under sub-section (1) of that section.
93. The Government may, by notification, delegate all or any of their powers under this Act, except those conferred upon them by this section and sections 90, 91, 99 and 102, to any person or authority subordinate to them subject to such conditions and to such control and revision by such authority as may be specified in the notification; and they may in the like manner withdraw any powers so delegated.
94. (1) Where, at any time, it appears to the Director that the manner of a private institution or a local authority institution has made default in performing any functions entrusted to him by or under this Act relating to the maintenance and administration of the institution, he may, by order in writing, fix a period for the performance of such function.
(2) If the manager of a local authority institution or of a private institution other than a minority educational institution fails to perform the function within the period so fixed, the Director may appoint any officer subordinate to him to perform such function on behalf of the manager for the purpose of securing the proper maintenance and administration of the institution or for the purpose of avoiding hardship to the employee of the institution and may direct that the expenses of performing such function shall be paid within such time as he may fix, to the Government by
Every officer not below the rank of a deputy inspector in respect of an educational institution imparting primary education and in respect of other institutions, any other officer not below such rank as may be prescribed, shall subject to such conditions as may be prescribed, be competent to enter at any time during the normal working hours of an educational or tutorial institution, any premises of any such institution, within his jurisdiction and to inspect any record, register or other documents or any movable or immovable property relating to such institution for the purpose of exercising his powers and performing his functions under this Act.
Any person who obstructs an officer of the Government in the exercise of any power conferred on him, or in the performance of any function entrusted to him, by or under this Act or any other person lawfully assisting such officer in the exercise of such power or in the performance of such function or who fails to comply with any lawful direction made by such officer or person shall be punished with fine which may extend to two hundred and fifty rupees.
No suit, prosecution or other legal proceeding shall be instituted against the Government or any officer, authority or person empowered to exercise the powers or perform the functions by or under this Act for anything which is in good faith done or intended to be done under this Act or under the rules or orders made thereunder.
Every manager of any educational institution and every employee of such institution shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code when on duty in connection with any examination conducted by the competent authority under this Act.
(1) (a) The Government may, by notification and after previous publication, make rules to carry out all or any of the purposes of this Act.
(b) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,—
The Government may, by notification and for reasons to be specified therein, exempt any educational institution from the operation of all or any of the provisions of this Act or the rules made thereunder, subject to such conditions as they may deem fit to impose and may likewise vary or cancel such exemption.
(1) The following Acts are hereby repealed:
(2) Upon such repeal, the provisions of sections 8 and 18 of the Andhra Pradesh General Clauses Act, 1891, shall apply.
If any difficulty arises in giving effect to the provisions of this Act, the Government may by order make such provisions not inconsistent with the purposes of this Act, as appear to them to be necessary or expedient for removing the difficulty.
To section 11 of the principal Act, the following Explanation shall be added, namely:––
"Explanation:-–For purposes of this section and section-14, the term "approved school" includes a non-formal education centre.".
In the principal Act, in section-19, in clause (c), the words "person or" shall be omitted.
In the principal Act, for section-20 the following sections shall be substituted, namely:––
20. (1) The competent authority shall, from time to time, conduct a survey as to identify the educational needs of the locality under its jurisdiction, and notify in the prescribed manner through the local news papers calling for applications from the educational agencies desirous of establishing educational institutions.
(2) In pursuance of the notification under sub-section (1), any educational agency including local authority or registered body of persons intending to––
(a) establish an institution imparting education,
(b) open higher classes in an institution imparting primary education; or
(c) upgrade any such institution into a high school;
(d) open new courses (certificate, diploma, degree, post-graduate degree courses, etc.),
may make an application, within such period, in such manner and to such authority as may be notified for the gr
After section 21 of the Principal Act, the following section shall be inserted, namely:––
21-A. (1) No institution imparting education and located in this State shall affiliate itself to any University outside the State of Andhra Pradesh.
(2) Whoever contravenes the provisions of sub-section (1) shall be punished with simple imprisonment for a term which shall not be less than six months but which may extend to three years or with fine which shall not be less than three thousand rupees but which may extend to fifty thousand rupees or with both.
In section 22 of the Principal Act, for sub-section (3), the following sub-section shall be substituted namely:––
"(3) Any person who in contravention of sub-section (2) runs any such un-recognised institution shall be punished with simple imprisonment for a term which shall not be less than six months but which may extend to three years or with fine which shall not be less than three thousand rupees but which may extend to fifty thousand rupees or with both.".
In section 24 of the principal Act,––
(i) in sub-section (1), after the proviso, the following further proviso shall be added, namely:––
"Provided further that the constitution of the management under this sub-section shall apply to a minority educational institution, in so far as it is not repugnant to clause (1) of article 30 of the Constitution of India";
(ii) to clause (a) of sub-section (3), the following further proviso shall be added, namely:--
"Provided further that no management of a minority educational institution shall be suspended under this sub-section save for mismanagement.";
(iii) to sub-section (4), the following proviso shall be added, namely:--
"Provided that no manager of a minority educational institution shall be declared to be so unfit under this sub-section save for mis-management".
(iv) sub-section (5) shall be omitted.
11. In section 26 of the Principal Act, in sub-section (2), for the words "one thousand rupees", the words "five thousand rupees", for the words "two months" the words "one year" and for the words "rupees fifty", the words "rupees one hundred" shall be substituted.
In section 27 of the principal Act,--
(i) in sub-section (1), for the words "private institution", the words "private institution other than a registered school" shall be substituted;
(ii) in sub-section (2), in clause (b), for the words "six months", the words "one year" and for the words "two thousand rupees" the words "five thousand rupees" shall be substituted.
In section 28 of the Principal Act, in sub-section (1), for the words "private institutions" the words "private institution other than a registered school", shall be substituted.
In section 32 of the Principal Act,--
in sub-section (6),--
(a) in the opening paragraph, for the words "with fine which may extend to two hundred and fifty rupees" the words "with imprisonment for a term which shall not be less than six months but which may extend to one year or with fine which may extend to one thousand rupees or with both" shall be substituted;
(b) in the proviso, for the words "which may extend to three months or with a fine which may extend to five hundred rupees or with both", the words "which shall not be less than one year but which may extend to two years or with fine which may extend to five thousand rupees or with both" shall be substituted;
(c) after the proviso, the following further proviso shall be added, namely:--
"Provided further that the Court convicting a person under this section shall also order the closure of the tutorial institution with respect to which the offence is committed.".
After Chapter VI of the principal Act, the following Chapter shall be inserted, namely:--
For the purposes of this Chapter, the expression "registered school" shall mean a school recognised under section 21 but not receiving aid from the Government.
(1) The competent authority shall, from time to time, conduct a survey as to identify the need for establishing registered schools under its jurisdiction and then notify in the prescribed manner through the local news papers calling for applications from the educational agencies desirous of establishing the school to be registered in the manner hereinafter provided.
(2) In pursuance of the notification under sub-section (1), any registered body of persons intending to--
may make an application, within such period, in such manner and to such authority as may be notified for the grant of permission therefor.
(3) The authority empowered to grant permission under sub-section (2) may, after satisfying that the conditions prescribed for the grant of permiss
(1) The management of every private institution existing on the date of commencement of the Andhra Pradesh Education (Amendment) Act, 1987 desirous of registering the school in accordance with the provisions of this Chapter may make an application for registration in accordance with the provisions of section 33-B to the competent authority within sixty days from such commencement and if no application is made within the said period or where the application is rejected, the institution shall continue to be a private institution.
Where the competent authority is of the opinion that the management of a registered school has failed to fulfill all or any of the conditions of registration under section 33-B or the rules made thereunder, it may after giving a notice not less than thirty days to the manager of such school cancel the registration of the school and the certificate granted under section 33-B.
The teaching and non-teaching staff of the registered schools shall be entitled to receive such salaries and allowances and shall be subject to such conditions of service as may be prescribed.
The registered school shall follow the same syllabi, text books and hand books and maintain the same records and registers as may be followed and maintained by the recognised schools.
The management of every registered school shall constitute an advisory body for the pre-primary, primary and upper primary classes and for secondary school classes separately and the composition and the constitution of such advisory body shall be such as may be prescribed.
The advisory body shall perform the following functions, namely:--
No registered school shall be entitled to receive grant-in-aid or any other financial assistance from the Government for its management. The existing recognised schools which are receiving the grant-in-aid shall continue to receive such aid only until they are registered under section 33-B.
The properties of any private institution registered as registered school, like building, furniture, library, laboratory, equipment, playground, aids, endowments and bank balances, shall continue to be the properties of such institution even after it is registered under section 33-B.
(1) The transfer certificate in respect of any student of a registered school shall be in such form and issued in such manner as may be prescribed.
(2) Students of any recognised school may seek admission in or transfer from any such school to any registered school and vice-versa. The transfer
Age of Superannuation of the staff in aided private educational institutions.—
Provided that a teacher or a member of the non-teaching staff aforesaid, who has already attained the age of fifty-eight years and continuing in service on the date of commencement of the Andhra Pradesh Education (Amendment) Act, 1993, shall retire on the afternoon of the last day of the month of the commencement of the said Act.
Explanation:— For the removal of doubts, it is hereby declared that an employee whose date o
Pension to the employees of aided private Junior and Degree Colleges.—
Repeal of Ordinance 2 of 1993.—The Andhra Pradesh Education (Amendment) Ordinance, 1993 is hereby repealed.
Examination for the students of registered schools.—Where the Government have prescribed any common examination or any public examination for student evaluation, the students studying in the registered schools shall appear for those examinations subject to satisfying the rules made in this behalf and the conditions prescribed by the Commissioner for Government Examinations.
Registered schools to make arrangements for conducting of examination.
Where the competent authority selects any registered school as a centre for the conduct of the VII Class District Common Examination, or the X Class Public Examination, the management of the school shall extend all the facilities for the smooth conduct of the examination.
Responsibility of the management of the registered school.
It shall be the responsibility of the management of a registered school to submit every year before such date and to such authority as may be prescribed an annual report relating to the administration of the school and such other information and statistical data as may be prescribed.
Inspection.
The Government shall have the right to visit or cause an inspection to be made by such person or persons as they may direct for a specified purpose of the registered school and also to cause an enquiry to be made into the matters connected therewith.
In section 56 of the principal Act, in sub-section (3), for the words "six months", the words "one year" shall be substituted.
In section 79 of the Principal Act, to sub-section (1), the following provisos shall be inserted, namely:—
"Provided that no order of dismissal, removal or reduction in rank shall be passed under this sub-section against an employee other than an employee of a minority educational institution without the prior approval of such authority or officer as may be prescribed for different classes of private institutions:
Provided further that the management may prefer an appeal against any order of the officer or authority refusing approval under this sub-section to such authority or officer and within such period as may be prescribed."
In chapter XIV of the principal Act, after insertion of section 34, the following section shall be inserted 34-A, namely:—
34-A. Penalties for contravention of this chapter.—If the management or manager contravenes, or attempts to contravene, any of the provisions of this chapter or any rule or order made thereunder, it or he shall be punished with imprisonment for a term which may extend to one year and with fine which may extend to five thousand rupees and in the case of continuing contravention, with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees, in addition to withdrawal of recognition of the institution.
In section 35 of the principal Act, in sub-section (2), the words "in consultation with representatives of the employees of Educational institutions", shall be omitted.
In section 87 of the principal Act,—
In section 96 of the principal Act, for the words "two hundred and fifty rupees", the words "one thousand rupees" shall be substituted.
In section 99 of the principal Act, in sub-section (1), in clause (b), item (i) shall be omitted.
The following Act of the Andhra Pradesh Legislature received the assent of the Governor on the 20th April, 2023 and the said assent is hereby first published on the 1st May, 2023 in the Andhra Pradesh Gazette for general information :
Be it enacted by the Legislature of the State of Andhra Pradesh in the Seventy-fourth Year of the Republic of India as follows, -
(1) This Act may be called the Andhra Pradesh Education (Amendment) Act, 2023.
(2) It shall be deemed to have come into force with effect on and from the 1st January, 2022.
In the Andhra Pradesh Education Act, 1982, in Section 78-A,-
(i) In sub-section (1), in the opening paragraph, for the words "sixty years", the words "sixty two years" shall be substituted.
(ii) Under sub-section (1), for the first proviso and second proviso, the following shall be substituted, namely,-
"Provided that every teacher or member of the non-teaching staff employed in any aided private educational institution, who retired from service on attaining the age of sixty years on and from 1st January, 2022 to 29th November 2022, shall be re-inducted into the service/post as such with effect from the date of publication of the said Ordinance:"
"Provided further that the said interregnum period from the 1st January, 2022 to 29th November 2022 shall be treated in such manner as may be prescribed.".
(iii) In sub-section (2), for the words "sixty years", the words "sixty two years" shall be substituted.
(iv) In the explanation thereunder, fo
(1) The Andhra Pradesh Education (Amendment) Ordinance, 2022 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this Act.
Ordinance No. 13 of 2022.
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