The Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983

ARRANGEMENTS OF SECTION SECTIONS

(1) This Act may be called the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983. (2) It shall be deemed to have come into force on 30th January, 1983. (3) It shall apply to all educational institutions.

In this Act, unless the context otherwise requires,- (a) ‘Backward Classes' means any socially and educationally Backward Classes of citizens recognised by the Government for purposes of clause (4) of Article 15 of the Constitution of India; (b) ‘capitation fee' means any amount collected in excess of the fee prescribed under Section 7; (c) ‘educational institution' means a college, a school imparting education upto and inclusive of tenth class or other institution by whatever name called, whether managed by Government, private body, local authority or University and carrying on the activity of imparting education therein, whether technical or otherwise, and includes a polytechnic, Industrial Training Institute and a Teachers Training Institute, but does not include a tutorial institution; (d) ‘Government' means the State Government of Andhra Pradesh; (e) ‘management' means the managing committee or the governing body by whatever name called of an educational institution to which the affairs of the said institution are entrusted and where such affairs are entrusted to any person whether called by the name of Secretary, Correspondent or by any other name, include also such person; (f) ‘notification' means a notification published in the Andhra Pradesh Gazette and the word 'notified' shall be construed accordingly; (g) ‘prescribed' means prescribed by rules made by the Government under this Act; (h) ‘Scheduled Castes and Scheduled Tribes' shall have the meanings respectively assigned to them in clause (24) and clause (25) of Article 366 of the Constitution of India; (i) all words and expressions used but not defined in this Act shall have the meanings assigned to them in the Andhra Pradesh Education Act, 1982( Act I of 1982).

(1) Subject to such rules as may be made in this behalf, admission into educational institutions shall be made either on the basis of the marks obtained in the qualifying examination or on the basis of the ranking assigned in the entrance test conducted by such authority and in such manner as may be prescribed: Provided that admission into Agriculture, Dental, Engineering, Medical, Pharmacy and Veterinary Colleges shall be made on the basis of ranking assigned by giving weightage to the marks secured in the relevant group subjects namely Biology, Physics, Chemistry or Mathematics, Physics, Chemistry, as the case may be, in the Intermediate Public Examination or equivalent examination and weightage to the marks secured in the common entrance test as may be prescribed. (2) The admission into educational institutions under sub-section (1) shall be subject to such rules as may be made by the Government in regard to reservation of seats to the members belonging to Scheduled Castes, Scheduled Tribes and Backward Classes and other categories of students as may be notified by the Government in this behalf and the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974. (3) Notwithstanding anything in sub-sections (1) and (2), it shall be lawful for the Government, to admit students belonging to other States on reciprocal basis and the nominees of the Government of India, into Medical and Engineering Colleges in accordance with such rules as may be prescribed: Provided that admission of students into the Regional Engineering College, Warangal to the extent of one-half of the total number of seats shall be in accordance with the guidelines issued by the Government of India, from time to time.

(1) Notwithstanding anything in Section 3, it shall be lawful for any minority educational institution to admit students belonging to the concerned minority whether based on religion or language, on the basis of the marks obtained by them in the qualifying examination or as the case may be, on the basis of the ranking assigned to them in the entrance test conducted in the prescribed manner. (2) Where any minority educational institution intends to admit students not belonging to the concerned minority, such admission shall be only on the basis of the marks obtained in the qualifying examination or as the case may be, on the basis of the ranking assigned in the entrance test conducted in the prescribed manner.

The collection of any capitation fee by any educational institution or by any person who is incharge of or is responsible for the management of the institution is hereby prohibited.

(1) Any donation of money to any educational institution, shall be made only in such manner as may be prescribed and not otherwise. (2) All moneys received by any educational institution by way of voluntary donations shall be deposited in the account of the institution, in any Scheduled Bank and shall be applied and expended for the improvement of the institution and the development of the educational facilities and for such other related purposes as may be prescribed.

(1) It shall be competent for the Government by notification, to regulate the tuition fee or any other fee that may be levied and collected by any educational institution in respect of each class of students. (2) No educational institution shall collect any fees in excess of the fee notified under sub-section (1). (3) Every educational institution shall issue an official receipt for the fee collected by it.

Where the Government are of opinion that the management of an educational institution has contravened the provisions of this Act, it shall be competent for them to take over the management of such institution for a period not exceeding five years applying in so far as may be, the provisions of Chapter-XI of the Andhra Pradesh Education Act, 1982 (Act I of 1982).

Whoever contravenes the provisions of this Act or the rules made thereunder shall on conviction be punishable with imprisonment for a term which shall not be less than three years but which shall not exceed seven years and with fine which may extend to five thousand rupees. Where the conviction is for an offence under Section 5 or Section 6, the institution shall refund the money so collected to the party from whom it was collected.

(1) Any officer not below the rank of a Gazetted Officer authorised by the Government in this behalf may enter at any time during the normal working hours of an educational institution or any premises of such institution and to search and inspect any record, register or other document relating to such institution and to seize any such record, register or other document for the purpose of ascertaining whether there is or has been any contravention of the provisions of this Act.

(2) In order to secure proper and effective utilization of the finances or resources or other assets of any educational institution at the commencement of this Act, it shall be competent for the Government to invoke the provisions of sub-section (1) and ascertain such finances, resources and assets of any institution and after such ascertainment to give such directions to the management as they deem fit.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

No suit, prosection 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.

In the Andhra Pradesh Education Act, 1982,- (i) Section 44 shall be omitted; (ii) in Section 99, in sub-section (1), in clause (a), the words "and after previous publication", shall be omitted.

(1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.

(2) Every rule made under this section shall immediately after it is made be laid before each House of the State Legislature if it is in session and if it is not in session, in the 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, both Houses agree 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.

The Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Ordinance, 1983 is hereby repealed.