Chapter XVII Chapter XVII

Miscellaneous

save as otherwise provided in this Act,—

1. (a) any person, aggrieved by an order passed by

an officer or authority other than the Director under

this Act may, within thirty days from the date of com­ munication of such order, appeal to the Director;

1. (b) any person aggrieved by an order passed by the Director under this Act other than an order passed by him under clause
2. (a) may, within sixty days from

the date of the communication of such order, appeal

to the Government.

Power of revision by Government

1. (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 pro­ vided, to satisfy themselves as to the regularity, cor­ rectness, legality or propriety of any decision or order

reconsideration, they may pass order accordingly: Provided that the Government shall not pass

tation.

1. (2) The Government may stay the executioni of

any such decision or order pending the exercise1 of

powers under sub-section

1. (1) in respect thereof.
2. (3) Every application ' preferred under' : siub- section
3. (1) shall be made within such time and in siuch

manner and accompanied by such fees as may be

prescribed.

1. (1) The Government or the Director may suo- motu at any time or an application received from any person interested within ninety days of the pass- ing 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. (2) The provisions contained in the proviso to sub-section
3. (1) and in sub-sections
4. (2) and
5. (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
6. (1) of that section.

1. (1) The Government may, subject to other provisions of this Act, by order, direct the Director or any other officer not below to rank of the district Educational Officer, to make an enquiry or to take appropriate proceeding under this Act in respect of any matter specified in the said order; and the Director or the other officer, as the case may be, shall report to the Government in due course the result of the enquiry made or the proceeding taken by him.
2. (2) The Government may give directions to any educational institution or tutorial institution as to the giving effect to any of the provisions contained in this Act or of any rules or orders made thereunder and the manager or owner, as the case may be, of such

Delegation of powers of Government 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.

1. (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. (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 the manager out of the funds of the institution and without prejudice to any other method of recovery, the whole or any part of such expenses may be deducted from any sum payable to the institution by way of grant-in-aid.

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)

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.
2. (b) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,—
   • (i) the classes or standards of education and upto which shall be considered as primary education;
   • (ii) the steps to be taken for providing necessary facilities for imparting compulsory primary education before notifying any area to be specified area;
   • (iii) the manner in which lists of children shall be prepared by the attendance authority in any specified area;
   • (iv) the distance beyond which a child cannot be compelled to attend an approved school.
   • (v) the manner in which any enquiry under this Act shall be held;
   • (vi) the form in which an attendance order under this Act shall be passed;
   • (vii) the registers, statements, reports, returns, budgets and other information to be maintained or furnished by approved schools for the purpose of this Act;
   • (viii) the declaration as to what constitutes secondary or higher secondary education, professional education, technical education, special education, school places, school-age and attendance, in schools or other institutions;
   • (ix) the registers, statements, reports, returns, accounts and budgets and other information to be maintanined or furnished by the local authorities in respect of education funds;
   • (x) the procedure for the assessment and realisation of the taxes leviable under this Act;
   • (xi) the establishment or maintenance and administration of educational institutions;
   • (xii) the grant of recognition to educational institutions and the conditions therefor;
   • (xiii) regulating the rates of fees; the levy and collection of fees in educational institutions;
   • (xiv) the manner in which accounts, registers, records and other documents shall be maintained in the educational institutions and the authority responsible for such maintenance;
   • (xv) the submission of returns, statements, reports and accounts by manageers or owners of properties of educational or tutorial institutions;
   • (xvi) the inspection of educational and tutorial institutions and the officers by whom inspection shall be made;
   • (xvii) the mode of keeping and the auditing of accounts of such institutions; (xviii) the standards of education and courses of study in educational institutions;
   • (xix) the grant of sums by the Government to educational institutions toward sproviding scholarships, bursaries, fee concessions and the like;
   • (xx) the preparation and submission of development plans for educational institutions in general and for technical education and the contents of such plans;
3. (xxi) the powers and the functions of the officers and other subordinate staff of the Education Department;
4. (xxii) the preparation and sanction of building plans and estimates of the educational institutions and he requirements to be fulfilled by the buildings for the educational institutions maintained by the local authorities and private institutions; (xxiii) the purposes for which he premises of the educational institutions may be used and the restrictions and conditions subject to which such premises may be used for any other purpose;
5. (xxiv) the regulation of the use of text books maps, plans, instruments and other laboratory and sports equipment in the institutions;
6. (xxv) the regulation for admission into educationol institutions of pupils for the academic course, private study and other special courses and the attendance thereat;
7. (xxvi) the qualifications necessary and other conditions to be fulfilled for appearing at the examinations conducted by the authorities under this Act and the method of valuation or revaluation of answer scripts; (xxvii) the opening of specal night schools and conditions for their working and of parallel sections or classes in the institutions for linguistic minorities; (xxviii) the manner of conducting the class and terminal examinations and promotion of pupils to higher classes;
8. (xxix) the conditions subject to whihich donations or contributions from the public imv v be accepted by the educational institutions and thewaiaming of institutions;
9. (xxx) the conditions for co-education in the educational institutions and the regulation of the conduct and discipline cf pupils and the penalty for misconduct or indiscipline;
10. (xxxi) the manner of setvice of noticices, orders and other proceedings, of presenting appealsls or applications for revision or review and the procedsdure for dealing with them and the fee in respect therereof; (xxxii) the scale of fees or charges or t the manner of fixing fees or charges payable in respec of any certificate, permission, marks lists or otither document for which such fees may be collected; (xxxiii) the constitution of educational coduucils at the panchayat samithi and zilla parishad and the State level; their composition and functions; (xxxiv) all matters expressly requiredd or allowed by this Act to be prescribed or in respect of which this Act makes no provision or makes insuffiacent provision and a provision is, in the opinion of the Government, necessary for the proper implementafttion of this Act.

1. (2) Any rule may be made under this Act vwith retrospective effect and when such a rule is made, the reasons for making the rule shall be specified tin a statement to be laid before both Houses of the SState Legislature.
2. (3) Every notification issued and every rule made under this Act, shall immediately after it is issued or made, be laid before each House of the State Legislatrue if it is in session and if it is not in session in the session immediatley following for a total period of fourteen days which may be compriside in one session or in two successive session and if before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the notification or in the rule or in the annulment of the Notification or the rule, the notification or the rule shall from the date on v/hich the midification or annulment is notiled, 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 notification or rule.

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. (1) The following Acts are hereby repealed:
   • (a) The Andhra Pradesh (Andhra Area) Elementary Education Act, 1920;
   • (b) The Andhra Pradesh (Andhra Area) Aided Institutions (Prohibition of Transfer of Property) Act, 1948 in so far as it relates to the institutions which are intended for an educational purpose;
   • (c) The Andhra Pradesh Educational Institutions (Requisitioning and Acquisition) Act, 1956;
   • (d) The Andhra Pradesh Primary Education Act, 1961;
   • (e) The Andhra Pradesh Recognised Private Educational Institutions (Control) Act, 1975.
2. (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.