THE ANDHRA PRADESH SCHOOL EDUCATION REGULATORY AND
MONITORING COMMISSION ACT, 2019
(ACT No. 21 OF 2019)
ARRANGEMENT OF SECTIONS
CHAPTER - I
PRELIMINARY
Sections
1. Short title, extent, commencement and application
2. Definitions
CHAPTER - II
ESTABLISHMENT OF THE COMMISSION
3. Establishment of the Commission
4. Composition of the Commission
5. Selection of the members of the Commission
6. Vacancy filled by the Government
7. Resignation and Removal of members
8. Appointment of officers and other employees of the commission
CHAPTER - III
POWERS AND FUNCTIONS
9. Powers and functions of the Commission
10. Penalties
11. Procedure and Powers of the Commission
CHAPTER - IV
FINANCE, ACCOUNTS AND AUDIT
12. Payment to the Commission
13. Fund of the Commission
14. Budget
15. Accounts and Audit of the Commission
16. Annual Report
CHAPTER - V
MISCELLANEOUS
17. Chairperson and members, officers, and employees of the
commission to be public servants
18. Protection of action taken in good faith
19. Power of State Government to issue directions
20. Power to remove difficulties
21. Power to make regulations
22. Power to make rules
THE ANDHRA PRADESH SCHOOL EDUCATION REGULATORY AND
MONITORING COMMISSION ACT, 2019
(ACT No. 21 OF 2019)
[16th August, 2019]
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE ANDHRA
PRADESH SCHOOL EDUCATION REGULATORY AND MONITORING
COMMISSION TO MAINTAIN STANDARDS OF EDUCATION, REGULATION
OF FEE, COMPETENCES OF TEACHERS, EFFECTIVE
INSPECTION/MONITORING OF SCHOOLS, AND IMPLEMENTATION OF
PROVISIONS OF RIGHT TO EDUCATION ACT, 2009, PUBLIC
SPIRITEDNESS, EQUITY, EXCELLENCE, FINANCIAL STABILITY AND
PROBITY ALONG WITH GOOD GOVERNANCE IN LINE WITH THE
NATIONAL POLICY ON EDUCATION AND RIGHT TO EDUCATION ACT 2009
AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL
THERETO.
Whereas, the Government of Andhra Pradesh is committed to educating
and nurturing all students by providing better access, promoting enrolment
and retention with emphasis on equity, quality and school infrastructure;
And whereas, Andhra Pradesh is making strides towards overall growth
and sustainable development, Education provides the surest instrument for
attaining these goals;
And whereas, as per unified data on School Education (U-DISE) 2018-19,
Andhra Pradesh has 62,063 Schools covering 13 districts that include Primary
Schools, Upper Primary Schools and High Schools. The total students
enrolment from Primary to High School is 70,41,568. The total Teachers
strength is 2,87,423. There are 778 Teacher Education Institutions managed
and regulated by School Education Department, including Government and
Private;
And whereas, in the context of fast changes in the education System,
there is a need for change in the academic requirements, teaching methods,
supervision, curricula, courses of study, system of examination, teacher
training, school organization and teacher competences. This situation naturally
calls for revised and continually rising standards in these key areas of School
Educational Administration. The existing rules are not comprehensive enough
to deal with aforesaid significant developments and have also proved ineffective
in actual implementation. It has, therefore, become necessary to confer by law
adequate powers on the concerned authorities to deal with the changed
situation;
And whereas, the Government of India enacted Right of Children to Free
and Compulsory Education Act, 2009;
Now, therefore, in this regard, the Andhra Pradesh Government
endeavors to establish a regulatory mechanism to maintain standards of school
education, regulation of fee, competences of teachers, information disclosure,
effective inspection /monitoring of schools, implementation of the provisions of
Right to Education Act, punitive measures on defaulting schools etc. A
Regulatory Commission established for this purpose will develop effective and
responsive regulation ensuring maintenance of standards of education,
regulation of fee in private institutions, implementation of provisions of Right to
Education Act, 2009, public spiritedness, equity, excellence, financial stability
and probity along with good governance in line with the National Policy on
Education and Right to Education Act, 2009 (Central Act No.35 of 2009).
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Seventieth Year of the Republic of India, as follows:-
CHAPTER 1
PRELIMINARY
1. Short title, extent, commencement and application - (1) This Act may be
called the Andhra Pradesh School Education Regulatory and Monitoring
Commission Act, 2019.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may, by
notification in the Andhra Pradesh Gazette, appoint.
(4) It shall apply to all the Pre-Primary, Primary, Upper Primary,
Secondary Education and Teacher Education Institutes in the State of Andhra
Pradesh.
2. Definitions - In the Act, unless the context otherwise requires, -
(1) “aided school” means a School, Teacher Education Institution
established and run by the private individuals /societies, with the aid/financial
support from Government.
(2) “appropriate authority” means authority designated by government
for a particular purpose as per the existing rules.
(3) “Board” means Board of Secondary Education AP, Central Board of
Secondary Education, Council of Indian School Certification, any other Indian
or Internat0ional Board of examinations or any other board which Government
may specify.
(4) “commission” means the Andhra Pradesh School Education
Regulatory and Monitoring Commission established under section 3 of this Act;
(5) “educational institution” means any institution of education in Pre -
Primary, Primary, Upper Primary, Secondary Level, and Teacher Education;
(6) “fees,” means the total amount collected by the school from the
student(s) / their parent(s) / their guardian(s)/ any person paying on behalf of
the student. This to reflect the total burden on the parents and is the total of
tuition fee and all other charges paid to or collected by the school;
(7) “ government” means the Government of Andhra Pradesh;
(8) “member” means a member of the Commission including the Vice-
Chairperson;
(9) “prescribed” means prescribed by rules made under this Act;
(10) “private school” means a School, Teacher Education Institution
established and run by the private individuals / societies governed / affiliated
to State / Central / other boards;
(11) “regulations” means regulation made by the Commission under
section 21 of this Act;
(12) “Regulatory body” means any State or Central Regulatory Body set
up for the purpose;
(13) “School Education” means study of a curriculum or course for the
pursuit of knowledge from pre primary, class I to X and Teacher Education;
(14) “student” means person enrolled in the Educational Institution,
including teacher education for pursuing a course of study from Pre Primary,
Class I to X, Teacher Education;
(15) "teacher", means Headmaster, School Assistant, Secondary Grade
Teacher, Physical Education Teacher, pre primary teacher, teacher education
faculty, etc., or any other person required to impart education or to guide
research or render guidance in any other form to the students for pursuing a
course of study in such educational institutions, including teacher education
institutions.
CHAPTER – II
ESTABLISHMENT OF THE COMMISSION
3. Establishment of Commission -(1) With effect from such date as the State
Government may, by notification in the Official Gazette, appoint, there shall be
established a Commission by the name of the Andhra Pradesh School
Education Regulatory and Monitoring Commission;
(2) The Commission shall be a body corporate having perpetual
succession and a common seal and shall sue and be sued by the said name;
(3) The headquarters of the Commission shall be at such a place as may
be notified by the State Government.
4. Composition of the Commission - (1) The Commission shall consist of, –
(a) A Chairperson who is a Retired Judge of the High Court;
(b) A Vice Chairperson who is an eminent academician of National
repute as prescribed under the rules.
(c) One Member who is an eminent Chartered Accountant or a
person with over 20 years of experience in the field of Public
Finance;
(d) Five Members who are eminent Academicians of National repute
in school education & teacher education;
(e) Two Administrative Members who have extensive experience in
administrative matters preferably a person belonging to the
Indian Administrative Service, or equivalent cadres, either
working or retired;
(f) One senior officer from School Education Department in the
cadre of Director/Addl. Director working or retired.
(g) One representative from one of the good School Education
Institution in the State
Such members must be of unimpeachable integrity and of
undoubted eminence in their fields;
(2) There shall be a Secretary who shall be the Chief Executive Officer of
the Commission who shall be appointed by the State Government in
consultation with the Commission on such terms and conditions, as may be
prescribed from time to time;
(3) The Chairperson and members of the Commission shall be appointed
by the State Government, for a period of five years or until he or she attains the
age of 70 years, whichever is earlier:
Provided that after the expiry of the term of the office, the Chairperson or
the member, as the case may be, shall be ineligible for further employment or
any assignment in any of the School or Higher Educational Institutions within
Andhra Pradesh or their associate offices or companies within or outside
Andhra Pradesh.
5. Selection of the members of the Commission - (1) The Chairperson shall
be appointed by the Government in consultation with the Chief Justice of High
Court, Andhra Pradesh.
(2) Members of the Commission shall be appointed by a Search-cum-
Selection Committee consisting of, –
(i) the Chief Secretary of the Government of Andhra Pradesh –
Chairperson ex officio; and
(ii) four experts of repute who have special knowledge of, and
professional experience in, school education & teacher education
and related research, belonging to Institutes of National
Importance, not holding any office of profit under the
Government of Andhra Pradesh to be nominated as members by
the State Government.
(3) The terms of reference for the Search-cum-Selection Committee and
the manner of selection of panel of names shall be such as may be prescribed.
6. Vacancy filled by the Government - In the event of the occurrence of a
vacancy in the office of the Chairperson by reason of his resignation, death or
otherwise, the State Government shall appoint the Chairperson
immediately in accordance with the provision of this Act and till such time the
Vice Chairperson shall officiate as the Chairperson of the Commission.
7. Resignation and Removal of members - (1) Any member, by notice, in
writing, addressed to the government may resign from office.
(2) No member shall be removed from office without giving such member
an opportunity to defend himself.
(3) The State Government may, by order, remove from office, any
member, in public interest.
8. Appointment of officers and other employees of the commission –
(1) To efficiently discharge its functions under this Act, the Commission
shall engage such number of officers and other employees as it may consider
necessary, subject to such regulations as may be made in this regard;
(2) The terms and conditions of service of the officers and employees of
the Commission shall be such as may be prescribed.
CHAPTER – III
POWERS AND FUNCTIONS
9. Powers and functions of the commission - The Commission shall take all
such steps as necessary for ensuring coordinated and integrated development
of School Education and maintain high standards and for the purposes of
performing its functions under this Act. The Commission may,-
(i) shall ensure that standards of infrastructure, admission, teaching,
teacher education, student assessments, examinations, research,
and qualification of teachers are being maintained by the School
Educational Institutions in accordance with the guidelines issued
by the Central or the State Government from time to time;
(ii) the Commission shall have the power to monitor and regulate Fee
across all Private Schools in the State duly developing parameters
of fee structure and grading of schools, irrespective of their Board
of Affiliation (or Curriculum) including but not limited to CBSE,
ICSE, IB, IGCSE and / or any other in Private Schools, and
private teacher education institutions in School Education.
However, this shall not apply to any of the school education
institutions managed by the Government of India Agency or
Department.
(iii) the Commission shall lay framework of guidelines regarding the
service conditions of teachers in Private (Aided and Un-Aided)
School Educational Institutions and Private (Aided and Un-Aided)
Teacher Education Institutions.
(iv) The Commission shall monitor the implementation of the
provision of 12.1.c of the Right to Education Act, 2009, where by
25% of reservation of seats in Class I in Private Un-Aided Schools
for dis-advantaged groups and weaker sections by developing
suitable guidelines.
(v) The Commission shall also have the responsibility for setting up
the framework under which an independent Accreditation
Agency/s shall carry out the task of accrediting school
educational institutions, including Teacher Education
Institutions.
(vi) Whenever required, the Commission may hold public
consultations with various stakeholders, including Private
Education Institutions Management Associations, from time to
time.
(vii) The Commission shall ensure redressal of grievances of students
and parents in a time bound manner;
(viii) The Commission shall advise, when called upon to do so by the
State Government, as the case may be, on policies relating to
school education, teacher education and research in any field of
knowledge therein; cause to be undertaken policy research in
school education and teacher education to identify future
direction and processes in school education.
(ix) The Commission shall ensure that all School Education
Institutions, including Teacher Education Institutions, comply
with guidelines of information disclosure to supervise, monitor
and evaluate their performance.
(x) Wherever required, the findings of the Regulatory Commission
shall be communicated to appropriate authority for necessary
action as per the provisions of law / Rules;
(xi) If any School Education Institution/s, including Teacher
Education Institutions fails, within a reasonable time, to comply
with any directions made by the Commission, the Commission
after taking into consideration the reasons/cause, if any, shall
initiate action in accordance with the provisions of this Act.
(xii) In case of successive violations of any provision of this Act, rules
and regulations made there under, the Commission shall direct
the appropriate authority to withdraw the affiliation or recognition
of such institution/s.
10. Penalties -(1) The Commission may, for the contravention of any provision
of this Act or other relevant Acts / Rules or Regulations recommend the
appropriate authority for imposing penalties made there under, or by directions
impose appropriate penalty.
(2)In case of grave violations, the Commission shall direct the
appropriate authority to withdraw the affiliation or recognition of such
institution/s.
(3) The penalty imposed under sub- section (1) shall be recoverable
from the endowment fund or any other Fund or as an arrear of land revenue
from the School Education Institution/s, including Teacher Education
Institutions concerned.
11. Procedure and Powers of the Commission - (1) The Commission shall, for
the purposes of any inquiry or proceedings under this Act, have the same
powers as are vested in a civil court under the Code of Civil Procedure, 1908
[Central Act No.5 of 1908] in respect of the following matters, namely:-
(i) Summoning and enforcing the attendance of any person and
examining him on oath;
(ii) discovery and production of any document or other material
object producible as evidence;
(iii) receiving evidence on affidavits;
(iv) requisitioning of any public record;
(v) issuing commission for the examination of witnesses;
(vi) reviewing its decisions, directions and orders;
(vii) any other matters which may be prescribed;
(2) The Commission shall have the powers to pass such interim order/s
in any proceeding, hearing or matter as the Commission may consider
appropriate.
(3) The Commission may authorize any person, as it deems fit, to
represent the interest of the students and parents in the proceedings before it.
(4) All disputes under this Act shall be decided summarily in accordance
with the provisions of Order XXXVII of the Code of Civil Procedure, 1908.
(5) Notwithstanding anything contained in this Act, the School Education
Institution, including Teacher Education Institution shall be bound to comply
with all the orders passed , rules, regulations, norms, etc., of the Regulating
Bodies and provide all such facilities and assistance to such Bodies as are
required by them to discharge their duties and carry out their functions.
CHAPTER – IV
FINANCE, ACCOUNTS AND AUDIT
12. Payment to the Commission - The State Government may, after due
appropriation made by the State Legislature by law in this behalf, pay to the
Commission in each financial year such sums as may be considered necessary
for the performance of functions of the Commission under this Act.
13. Fund of the Commission - (1) The Commission shall have its own Fund;
and all sums which may from time to time be paid to it by the State
Government and all the receipts of the Commission shall be credited to the
Fund and all payments by the Commission shall be made there from.
(2) The Commission may spend such sums as it thinks fit for performing
its functions under this Act, and such sums shall be treated as expenditure
payable out of the Fund of the Commission.
14. Budget - The Commission shall prepare, in such form and at such time
each year as may be prescribed, a budget in respect of the financial year next
ensuing showing the estimated receipts and expenditure, and copies thereof
shall be forwarded to the State Government.
15. Accounts and Audit of the Commission - (1) The Commission shall
maintain its accounts in such form and in such manner as may be prescribed.
(2) The accounts of the Commission shall be audited annually by the
Comptroller and Auditor General of India.
(3) The annual accounts of the Commission together with the audit
report thereon shall be forwarded to the State Government, the Government
shall cause the same to be laid before the State Legislature and shall also
forward a copy of the audit report to the Commission for taking suitable action
on the matter arising out of the audit report.
16. Annual Report - (1) The Commission shall, as soon as, may be, after the
end of each financial year, prepare and submit to the State Government, before
such date and in such form as may be prescribed, a report giving an account of
its activities during the previous year and the State Government, shall cause
every such report to be laid before the Legislature of the State as soon as may
be, after its receipt.
(2) The Commission shall send a copy of the audited annual accounts of
the Commission to the State Government every year, and the State
Government shall cause such accounts to be laid before the Legislature of the
State.
CHAPTER - V
MISCELLANEOUS
17. Chairperson and members, officers and employees of the commission
to be public servants - Chair-person and all the Members of commission
established under this Act, and all officers and other employees of the
Commission when acting or purporting to act in pursuance of any provisions of
this Act, or regulations made or orders or directions issued thereunder shall be
deemed to be public servants with the meaning of section 21 of the Indian
Penal Code, 1860 [Central Act No.45 of 1860].
18. Protection of action taken in good faith - No suit, prosecution, or other
legal proceedings shall lie against the commission, or chairperson or any
member, officer, employee in respect of anything done or intended to be done in
good faith, or any contract of any kind entered into by the commission in good
faith in pursuance of this Act, or the regulations made, or orders or directions
issued thereunder.
19. Power of State Government to issue directions - (1) The State
Government shall be empowered to seek a review of any of the decisions of the
Commission, for reasons to be recorded in writing.
(2) The State Government can revise and modify the order of the
Commission through speaking order in public interest.
20. Power to remove difficulties - (1) If any difficulty arises in giving effect to
the provisions of this Act, the State Government may, by order published in the
Official Gazette, make such provisions, not inconsistent with the provisions of
this Act, as appear to it to be necessary for the purpose of removing the
difficulty:
Provided that no such order shall be made after the expiry of three years
from the commencement of this Act.
(2) Every order made under this Section shall be laid, as soon as it is
made before the State Legislature.
21. Power to make regulations - (1) The Commission may, make regulations
to carry out the provisions of this Act with prior approval of the Government.
(2) Every Regulation made under this Section shall be laid, as soon as it is
made before the State Legislature.
22. Power to make rules - (1) The State Government may, by notification
publish in the Official Gazette, make rules in consultation with the
Commission for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such
rules may provide for all or any of the following matters, namely: -
(a) procedure to follow by the members in the discharge of their
functions;
(b) the inspection of School Education Institutions;
(c) the form and manner in which the accounts shall be maintained
by the Commission under Section 15 of this Act;
(d) such other matters as may be required for proper functioning of
the Commission.
(3) Every rule made under this Act shall, immediately after it is made, be
laid before the Legislature of the State, if it is in session and if it is not in
session, in the next session immediately following for a total period of fourteen
days which may be comprised 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 Legislature of the State 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 anything previously done under that rule.
V.V.DURGA PRASADA RAJU,
Secretary to Government (I/c),
Legal and Legislative Affairs & Justice,
Law Department.