The Andhra Pradesh Higher Education Regulatory and Monitory Commission Act, 2019

Short title, extent and commencement

1. (1) This Act may be called the Andhra Pradesh School Education Regulatory and Monitoring Commission Act, 2019.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.

Definitions In this Act, unless the context otherwise requires,-

1. (a) "Aided School" means a school receiving grant-in-aid from the Government;
2. (b) "Board" means the Board of Secondary Education or the Board of Intermediate Education, as the case may be;
3. (c) "Commission" means the Andhra Pradesh School Education Regulatory and Monitoring Commission constituted under section 3 of this Act;
4. (d) "Educational Institution" means a school or an institution imparting school education, including Pre-primary, Primary, Upper Primary, Secondary and Higher Secondary education, by whatever name called, either managed by the Government, Local Authority, Private Aided or Private Unaided management;
5. (e) "Fees" means all charges, by whatever name called, including tuition fee, special fee, laboratory fee, library fee, building fund, etc., collected by an educational institution from the students or parents;
6. (f) "Government" means the State Government of Andhra Pradesh;
7. (g) "Notification" means a notification published in the Andhra Pradesh Gazette and the word "notified" shall be construed accordingly;
8. (h) "Prescribed" means prescribed by rules made under this Act;
   • (i) "Private School" means a school which is not managed by the Government or any Local Authority;
9. (j) "School Education" means the education imparted from Pre-primary to Higher Secondary level;
10. (k) "State" means the State of Andhra Pradesh.

Constitution of the Commission

1. (1) The Government shall, by notification in the Andhra Pradesh Gazette, constitute a Commission to be known as "The Andhra Pradesh School Education Regulatory and Monitoring Commission" to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.
2. (2) The Commission shall consist of the following Members, namely:—
   • (a) a Chairperson, who is a person of eminence in the field of education and has held a post of at least Commissioner level or equivalent in the Government or a person with impeccable integrity and high standing in the field of education/administration/public life;
   • (b) such number of Members, not exceeding five, as may be appointed by the Government from amongst persons of eminence in the field of education or persons who have special knowledge and experience in the field of education, law, finance or administration; and
   • (c) the Secretary to Government, School Education Department, shall be the ex-officio Member Secretary of the Commission: Provided that the Government may appoint any other officer of the Department as Member Secretary, in which case the Secretary to Government, School Education Department shall be a special invitee to the meetings of the Commission.

Terms and conditions of service of the Chairperson and Members

1. (1) The Chairperson and other Members, other than the ex-officio Member, shall hold office for a term of three years from the date on which they enter upon their office or until they attain the age of sixty-five years, whichever is earlier and shall be eligible for re-appointment.
2. (2) The Chairperson or any other Member may, by notice in writing under his hand addressed to the Government, resign from his office.
3. (3) The Chairperson and other Members shall receive such remuneration and allowances and shall be subject to such other terms and conditions of service as may be prescribed.
4. (4) No person shall be appointed as Chairperson or Member, if he has been convicted of an offence involving moral turpitude or becomes an undischarged insolvent or is of unsound mind or has such financial or other interest in any educational institution as is likely to affect prejudicially the discharge by him of his functions as Chairperson or Member.
5. (5) The Government may remove the Chairperson or any Member from office, if he,—
   • (a) is adjudged as an insolvent; or
   • (b) has been convicted of an offence which, in the opinion of the Government involves moral turpitude; or
   • (c) has become physically or mentally incapable of acting as Chairperson or Member; or
   • (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as Chairperson or Member; or
   • (e) has so abused his position as to render his continuance in office prejudicial to the public interest: Provided that no such Chairperson or Member shall be removed from his office on the grounds specified in sub-clauses
   • (d) and
   • (e) of this sub-section except on an inquiry ordered by the Government and after giving a reasonable opportunity of being heard to the Chairperson or the Member concerned.

Disqualification from being a Chairperson or Member:

1. (1) A person shall be disqualified for being appointed as and for continuing as a Chairperson or Member, if he –
   • (a) is of unsound mind and stands so declared by a competent court;
   • (b) is an undischarged insolvent;
   • (c) has been convicted of an offence involving moral turpitude;
   • (d) has such financial or other interest in the Commission as is likely to affect prejudicially the discharge by him of his functions as a Chairperson or Member;
   • (e) has such other disqualifications as may be prescribed by the Government.

Removal of Chairperson and Member:

1. (1) The Government may remove from office, the Chairperson or any other Member, who –
   • (a) has been adjudged an insolvent;
   • (b) has been convicted of an offence which in the opinion of the Government involves moral turpitude;
   • (c) has become physically or mentally incapable of acting as the Chairperson or member;
   • (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chairperson or member;
   • (e) has so abused his position as to render his continuance in office prejudicial to the public interest: Provided that the Chairperson or any other Member shall not be removed under this clause, unless he has been given a reasonable opportunity of being heard in the matter.
2. (2) Notwithstanding anything contained in sub-section (1), any member whose term of office has expired or who has resigned or who has been removed shall not be eligible for re-appointment in the Commission.

Functions of the Commission.—The functions of the Commission shall be,—

1. (1) to regulate the fee structure in all private unaided schools, including minority and non-minority educational institutions in the State.
2. (2) to monitor the compliance of the regulatory framework by the schools to ensure that there is no commercialization of education.
   • (a) to ensure that the standards of education are maintained in all schools.
   • (b) to ensure that the schools provide adequate facilities to the students and staff.
   • (c) to suggest ways and means to improve the quality of education in schools.
   • (d) to advise the Government on any matter relating to school education.
   • (e) to monitor the observance of the regulations by the schools.
   • (f) to enquire into the complaints received by the Commission regarding the violations of the regulations by the schools.
   • (g) to prepare an annual report on its activities.

Powers of the Commission.—(1) The Commission shall, for the purpose of discharging its functions under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely:—

1. (a) summoning and enforcing the attendance of any person and examining him on oath;
2. (b) requiring the discovery and production of any documents;
3. (c) receiving evidence on affidavit;
4. (d) requisitioning any public record or copy thereof from any court or office;
5. (e) issuing commissions for the examination of witnesses or documents;
6. (f) any other matter which may be prescribed.

1. (2) The Commission shall have the power to,—
   • (a) inspect any school to verify the facilities and the records maintained by it;
   • (b) call for any information or report from any school or other authority;
   • (c) take such action as it deems fit in case of violation of the regulations by any school;
   • (d) impose such penalties as may be prescribed for any violation of the provisions of this Act.

Procedure to be followed by the Commission

1. (1) The Commission shall regulate its own procedure for the conduct of its business.
2. (2) All orders and decisions of the Commission shall be authenticated by the Secretary or any other officer of the Commission duly authorized by the Chairperson in this behalf.

Staff of the Commission

1. (1) The Government shall provide the Commission with such officers and employees as may be necessary for the efficient performance of the functions of the Commission under this Act.
2. (2) The salaries and allowances payable to and other terms and conditions of service of the officers and other employees appointed for the purpose of the Commission shall be such as may be prescribed.

Annual report:

1. (1) The Commission shall prepare once in every financial year, in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies of the report shall be forwarded to the Government.
2. (2) The Government shall cause the annual report to be laid before the State Legislature.

Budget, accounts and audit:

1. (1) The Commission shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Commission and forward the same to the Government.
2. (2) The Commission shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be prescribed.
3. (3) The accounts of the Commission shall be audited by such authority as may be specified by the Government.
4. (4) The Commission shall furnish to the Government, before such date as may be prescribed, its audited copy of accounts of the previous year along with the auditor's report thereon.
5. (5) The Government shall cause the audit report to be laid before the State Legislature.

Protection of action taken in good faith: No suit, prosecution or other legal proceedings shall lie against the Government, the Commission, the Chairperson, the Members or any officer or employee of the Commission for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rule or order made thereunder.

Power to make rules:

1. (1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.
2. (2) 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 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 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.

Power to remove difficulties:

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Andhra Pradesh Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.

Power to make regulations:

1. (1) The Commission may, with the previous approval of the Government, by notification in the Andhra Pradesh Gazette, make regulations not inconsistent with this Act and the rules made thereunder for carrying out the purposes of this Act.
2. (2) Every regulation made under this Act shall, as soon as may be after it is made, be laid before the State Legislature.