THE ANDHRA PRADESH EDUCATION ACT
Chapter XII Chapter XII
Education1982102 sections17 chapters
Chapter XII Chapter XII
75. Powers of Government to take over control and management of schools from local authority
Statutory text
Transfer of control and management of certain schools
- (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 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 remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as he would have held under the local authority until his remuneration, terms and conditions of service are duly altered by the Government: Provided that every such employee shall, within a period of three months or such other period beyond three months as may be specified by the Government by notification, from the date of taking over of the control and management of the school, exercise his option either to be retrenched from the service on receipt of such retrenchment benefits as may be prescribed or to be absorbed in the service of the Government with effect from the said date and shall be governed by the terms and conditions governing the said service which shall not be less favourable than those applicable to such employee prior to the said date.
Chapter XII Chapter XII
76. Transfer of management of schools to Zilla Parishads
Statutory text
- (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 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 transferred to the zilla parishad shall, as from the said date, be deemed to be an employee of the zilla parishad and shall hold office on the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as he would have held under the Government, or panchayat samithi, as the case may be, until his remuneration and terms and conditions of service are duly altered by the zilla parishad: Provided that every such employee shall, within a period of three months or such other period beyond three months as may be specified by the zilla parishad, from the date of transfer of the control and management of the school, exercise his option either to be retrenched from the service on receipt of such retrenchment benefits as may be prescribed or to be absorbed in the service of the zilla parishad with effect from the said date and shall be governed by the terms and conditions governing the said service which shall not be less favourable than those applicable to such employee prior to the said date.
Chapter XII Chapter XII
77. Transfer of management of schools to Abhyudaya Pradhamika Vidya Samstha
Statutory text
- (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 and from such date as may be notified, transfer, with the prior consent of the local authority concerned, the control and management of any primary school established or maintained and administered by the Government or any panchayat samithi or the municipality, to the Abhyudaya Pradhamika Vidya Samstha; and from the date so notified, it shall be open to the Abhyudaya Pradhamika Vidya Samstha to control and manage the said school; and all the properties and assets of the local authority pertaining to and intended to be used for such school shall stand transferred to, and vest in, the Abhyudaya Pradhamika Vidya Samstha 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 the said school immediately before the date on which the control and management thereof is transferred to the Abhyudaya Pradhamika Vidya Samstha shall, as from the said date, be deemed to be an employee of the said Samstha and shall hold office on the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as he would have held under the said local authority until his remuneration and terms and conditions of service are duly altered by the said Samstha: Provided that every such employee shall, within a period of three months or such period beyond three months as may be specified by the said Samstha, from the date of transfer of the control and management of the said school, exercise his option either to be retrenched from the service on receipt of such retrenchment benefits as may be prescribed or to be absorbed in the service of the said Samstha with effect from the said date and shall be governed by the terms and conditions governing the said service which shall not be less favourable than those applicable to such employee prior to the said date.
PDF: pending for this language.