Chapter VI Chapter VI

Establishment of Educational Institutions, their Administration and Control

The Government may, for the purpose of Government implementing the provisions of this Act, provide, adequate facilities for imparting general Education, Technical education, special education and teacher education in the State by—

1. (a) establishing and maintaining educational institutions;
2. (b) permitting any local authority or a private body of persons to establish educational institutions and maintain them according to such specifications as may be prescribed; and
3. (c) taking, from time to time, such other steps as they may consider necessary or expedient.

The educational institutions shall be classified as follows:—

1. (a) State institutions, that is to say, educational institutions established or maintained and administered by the Government;
2. (b) local authority institutions, that is to say, educational institutions established or maintained and administered by a local authority; and
3. (c) private institutions, that is to say, educational institutions established or maintained and administered by any person or body of persons registered in the manner prescribed.

1. (1) No private institution shall, after the commencement of this Act, be established except in accordance with the provisions of this Act or the rules made thereunder.
2. (2) Any local authority or any person or registered body of persons intending to—
   • (a) establish an institution imparting education; or
   • (b) open higher classes in an institution imparting primary education; or
   • (c) upgrade any such institution into a high school, may make an application, within such period in such manner and to such authority as may be prescribed for the grant of permission therefor.
3. (3) While granting permission under sub-section (2), the authority concerned shall have due regard to the following matters, namely; —
   • (a) that there is need for providing educational facilities to the people in the locality;
   • (b) that there is adequate financial provision for continued and efficient maintenance of the institution as prescribed, by the competent authority;
   • (c) that the institution is proposed to be located in sanitary and healthy surroundings;
   • (d) that the site for building, playground and garden propesed o be provided and he building in which the institution is proposed to be housed conform to the rules prescribed therefor;
   • (e) that the teaching staff qualified according to rules made by the Government in this behalf is appointed;
   • (f) that the application satisfies the requirements laid down by this Act and the rules and orders made thereunder.

1. (1) The competent authority may, by order in writing grant recognition in respect of any institution imparting education or for a higher class in any such institution, permitted to be established under section 20 subject to such conditions as may be prescribed in regard to accommodation, equipment, appointment of teaching staff, syllabi, text books and other matters relating hereo: Provided that in case of existing institutions under all managements the deficiencies, if any in respect of the above conditions shall be made good within the time specified therefor in the order granting recognition.
2. (2) Where the manager of any local authority educational institution or private educational institution.
   • (a) fails to fulfil all or any of the conditions of recognition, or fails to comply with the orders of the competent authority in regard to accommodation, equipment, syllabi, text books, appointment, punishment and dismissal of teachers;
   • (b) denies admission to any citizen on grounds only of religion, race, caste, language or any of them;
   • (c) directly or indirectly, encourages in the educational institution any propaganda or practice wounding the religious feelings of any class of citizens of India or insulting the religion or the religious briefs of that class;
   • (d) employs or continues to employ any teacher, whose certificate has been cancelled or suspended by the competent authority after due enquiry or who has been considered by the competent authority after due enquiry to be unfit or undesirable to be a teacher or arbitrarily removes a teacher or fails to comply with the oders of the competent authority in this regard;
   • (e) fails to remedy the defects in the instructions or accommodation or deficiencies in the management or discipline within such time as may be specified therefor by the competent authority;
   • (f) contravenes any of the provisions of this Act and the rules and orders made thereunder; the competent authority may, for reasons to be recorded in writing, withdraw the recognition of the institution or take such other action as is deemed necessary after giving to the manager an opportunity of making his representation against such withdrawal or action.
3. (3) Where the Government are of opinion that the recognition granted to any local authority educational institution or private educational institution should, in the public interest, be withdrawn, they may, after giving one month’s notice to the manager of such institution to make any representation, withdraw, by notification, the recognition granted to the said institution.
4. (4) Notwithstanding anything in any other law for the time being in force, on educational institution which has not been recognised or the recognition of which has been withdrawn under this Act shall be entitled—
   • (a) to receive any grant-in-aid from the State funds or other financial assistance from the Government;
   • (b) to send up candidates for examinations; or
   • (c) to present candidates for courses of study conducted under this Act.

1. (1) All the institutions imparting education which were established and recognised in accordance with rules in force immediately before the commencement of this Act and in existence at such commencement shall be deemed to be educational institutions established and recognised under this Act, provided they comply with the provisions of this Act and the rules made thereunder within such period and in accordance with such procedure as may be prescribed.
2. (2) Any private institution imparting education which is in existence at the commencement of this Act but which has not been recognised in accordance with the rules in force immediately before such commencement, shall discontinue to impart education from such commencement within thirty days unless before such commencement an application for recognition is made in accordance with the provisions of this Act and the rules made thereunder and every such application shall be disposed of within sixty days of its receipt by the competent authority. No person shall run any such institution after the application for recognition is rejected.
3. (3) Any person who in contravention of sub-section
4. (2) runs any such unrecognised institution shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

1. (1) It shall be the responsibility of the manager of local authority institution to comply with the provisions of this Act and the rules or orders made thereunder.
2. (2) Without prejudice to the generality of the foregoing provision, it shall be the duty of the manager of the local authority institution,—
   • (a) to ensure that all monies collected by or granted or allotted to the local authority by or under this Act are expended for educational purposes, and
   • (b) to submit every year before such date and to such authority as may be prescribed an annual report relating to the administration of the local authority institution and an annual budget estimate relating thereto.

1. (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. (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 representation and for reasons to be recorded in writing, suspend the management and appoint a special officer till the reconstitution of the management: Provided that in relation to a private institution under the management of a charitable or religious institution, charitable or religious endowment and a wakf, the competent authority shall be the Government or an authority or officer authorised by the Government in this behalf.
   • (b) Where the competent authority is satisfied that the manager alone is responsible for the lapses or irregularities of the institution, action shall be taken against him by the management, as recommended by the competent authority.
3. (4) The competent authority may, for reasons to be recorded in writing, declare a person to be unfit to be the manager of a private institution after giving to such person an opportunity of making his representation against such declaration and under intimation to the management and on such declaration, the person aforesaid shall cease to be the manager of the private institution and the management of such institution shall nominate another person as a manager in his place in accordance with the provisions of sub-section (2).
4. (5) Sub-sections (1),
5. (3) and
6. (4) and the rules framed thereunder shall apply to a minority educational institution, in so far as they are not repugnant to clause
7. (1) of article 30 of the Constitution of India.
8. (6) For the removal of doubts it is hereby declared that any failure or wilful negligence on the part of a management to take action against the manager as required under clause
   • (b) of sub-section
9. (3) or to nominate another person as manager under sub-section
10. (4) shall constitute an act of mismanagement and action shall be taken against the private institution under this Act accordingly.

1. (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. (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. (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. (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. (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. (2) Any manager who contravenes the provisions of sub-section
3. (1) shall be punished with fine which may extend to five thousand rupees, or with simple imprisonment which may extend to two months, or with both, and a further fine of rupees fifty for every day of further default.

1. (1) In the event of the private institution being closed down or discontinued or its recognition being withdrawn, the manager shall hand over or cause to be handed over to the competent authority the custody of all the properties, records and accounts of the institution in his possession. (2)
   • (a) Where the manager fails 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 within the time specified in such order.
   • (b) Where the mananer 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 six months or with fine which may extend to two thousand rupees or with both, and the magistrate shall cause the custody of the properties, records or accounts to be handed over to the competent authority taking such police assistance as may be necessary.
2. (3) Nohing in this section shall apply to a minority educational institution and to a private institution under the management of a charitable or religious institution, charitable or religious endowment and a wakf.

1. (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
2. (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. (3) Any person aggrieved by an order refusing permission under sub-section
4. (2) may, in such manner and within such time as may be prescribed, appeal to the prescribed authority.
5. (4) Any transaction made in contravention of sub-section
6. (1) shall be null and void.

Where any manager incurs debts for the purpose of running an educational institution without proper authorisation by the management of such institution or in contravention of any orders of the competent authority after making an enquiry that the money 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. (1) There shall be parent-teacher association for every educational institution other than an adult educational centre.
2. (2) The composition and functions of the parent-teacher association shall be in accordance with such rules as may be prescribed.

1. (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. (2) The officer authorised under sub-section
3. (1) shall exercise general powers of inspection over the working of the educational institution.
4. (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.
5. (4) The manager shall comply with such directions or suggestions as may be given by the competent authority in the report of the inspection: 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)

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.
2. (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.

1. (2) On receipt of an application under sub-section (1), the prescribed officer may, after satisfying himself whether or not the application contains all the prescribed particulars and that the tutorial institution complies with the minimum requirements prescribed in regard to the sanitary conditions of the premises and the qualifications of the teaching staff, either register the tutorial institution in a register to be maintained for the purpose or refuse to register, and shall, where he so registers the institution, issue in the prescribed form a registration certificate in the name of the tutorial institution.
2. (3) The person or body of persons managing every tutorial institution so registered, shall submit to the prescribed officer within two months after the end of every academic year, an annual report regarding the coaching facilities provided by it during the academic year.
3. (4) The person or body of persons managing every tutorial institution so registered shall give intimation to the prescribed officer and the District Educational Officer of any change in any of the particulars furnished under sub-section (1), or of closure of the institution, in such form, in such manner and within such time as may be prescribed, and the prescribed officer shall on receipt of such intimation, amend the register referred to in sub-section
4. (2) and the registration certificate wherever necessary, or as the case may be, cancel the certificate, and notify the same.
5. (5) Where the person or body of persons managing any tutorial institution has, in the opinion of the prescribed officer, contravened any of the conditions subject to which the registration certificate is issued to such person or body of persons managing such institution, the prescribed officer may, after giving the person or body of persons an opportunity of making his representation, cancel the registration certificate and remove the name of the institution from the register referred to in sub-section
6. (2) and notify the same.
7. (6) Any person who runs a tutorial institution in contravention of clause
   • (b) of sub-section
8. (1) or who establishes and manages a tutorial institution without obtaining a registration certificate under sub-section
9. (2) or who after the registration certificate issued to him under that sub-section having been cancelled continues to run such institution, shall be punished with fine which may extend to two hundred and fifty rupees: Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment for a term which may extend to three months or with a fine which may extend to five hundred rupees or with both.

1. (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. (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. (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. (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 specified therein vest in the Government without detriment to the interests of the employees of the said institution.