The Andhra Pradesh School Education (Community Participation) Act, 1998

Short title, extent and commencement.-

1. (1) This Act may be called the Andhra Pradesh School Education (Community Participation) Act, 1998.
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 Government may, by notification, appoint.

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

1. (a) "District Education Committee" means the District Education Committee constituted under section 3;
2. (b) "Government" means the State Government of Andhra Pradesh;
3. (c) "Mandal Education Committee" means the Mandal Education Committee constituted under section 4;
4. (d) "Municipal Education Committee" means the Municipal Education Committee constituted under section 5;
5. (e) "Notification" means a notification published in the Andhra Pradesh Gazette and the word "notified" shall be construed accordingly;
6. (f) "Panchayat Education Committee" means the Panchayat Education Committee constituted under section 6;
7. (g) "Parent" means a father or mother or guardian of a child attending a school;
8. (h) "Prescribed" means prescribed by rules made by the Government under this Act;
   • (i) "School" means a primary school, upper primary school or a high school maintained by the Government or by a local body or by a private management receiving grant-in-aid from the Government;
9. (j) "School Education" means the education imparted in schools.

Constitution of School Education Committees:

1. (1) There shall be constituted a School Education Committee for every school in the State.
2. (2) The School Education Committee shall consist of the following members, namely:
   • (a) The Sarpanch of the Gram Panchayat or the Chairperson of the Municipal Ward Committee, as the case may be, shall be the Chairperson;
   • (b) The Head Master of the school shall be the Convener;
   • (c) The parents of the children studying in the school shall elect one parent from among themselves as a member, who belongs to the category of Scheduled Castes or Scheduled Tribes: Provided that where there are no children belonging to Scheduled Castes or Scheduled Tribes in the school, the election under this clause shall be from among the other parents;
   • (d) Two parents of the children studying in the school to be elected by the parents from among themselves, at least one of whom shall be a woman;
   • (e) A donor who has contributed a minimum amount as may be prescribed, if any, to be nominated by the Mandal Education Committee;
   • (f) One person to be nominated by the Gram Panchayat or the Municipal Council, as the case may be: Provided that the members to be elected under clauses
   • (c) and
   • (d) shall be parents of children studying in the school and shall be elected in such manner as may be prescribed.
3. (3) The term of office of the members of the School Education Committee, other than the ex-officio members, shall be three years from the date of their election or nomination, as the case may be.

Constitution of Mandal Education Committees:

1. (1) There shall be constituted for every Mandal, a Mandal Education Committee.
2. (2) The Mandal Education Committee shall consist of the following members, namely:
   • (a) The Mandal Parishad President shall be the Chairperson;
   • (b) The Mandal Educational Officer shall be the Convener;
   • (c) All the Chairpersons of the School Education Committees of the schools within the jurisdiction of the Mandal;
   • (d) Two women members to be co-opted by the committee from among the parents of the children studying in the schools within the Mandal;
   • (e) One person belonging to Scheduled Castes or Scheduled Tribes to be co-opted by the committee;
   • (f) The Mandal Development Officer.
3. (3) The term of office of the members of the Mandal Education Committee, other than the ex-officio members, shall be three years from the date of their co-option.

Constitution of Municipal Education Committees

1. (1) There shall be constituted for every Municipality, a Municipal Education Committee consisting of the following members, namely:
   • (a) the Chairperson of the Municipality, who shall be the Chairperson of the Committee;
   • (b) the Commissioner of the Municipality, who shall be the Member-Convener;
   • (c) total number of members to be elected by the Councillors from among themselves shall be as follows:
     • (i) for a Municipality with 20 or less Councillors: 3 members;
     • (ii) for a Municipality with more than 20 but not more than 30 Councillors: 4 members;
     • (iii) for a Municipality with more than 30 Councillors: 5 members;
   • (d) one person belonging to the Scheduled Castes or Scheduled Tribes, to be nominated by the Chairperson;
   • (e) one woman to be nominated by the Chairperson;
   • (f) the Mandal Educational Officer concerned;
   • (g) the Chairperson of the standing committee on Education of the Municipality, if any: Provided that the members referred to in clauses
   • (d) and
   • (e) shall be persons who have interest in the cause of education and are ordinarily resident in the Municipality.
2. (2) The term of office of the members of the Municipal Education Committee shall be co-terminous with the term of the office of the Municipal Council.

Constitution of District Education Committees

1. (1) There shall be constituted for every District, a District Education Committee consisting of the following members, namely:
   • (a) the Chairman of the Zilla Praja Parishad, who shall be the Chairman of the Committee;
   • (b) the Chief Executive Officer of the Zilla Praja Parishad, who shall be the Member-Convener;
   • (c) total number of members to be elected by the members of the Zilla Praja Parishad from among themselves shall be as follows:
     • (i) for a Zilla Praja Parishad with 40 or less members: 5 members;
     • (ii) for a Zilla Praja Parishad with more than 40 but not more than 50 members: 6 members;
     • (iii) for a Zilla Praja Parishad with more than 50 members: 7 members;
   • (d) one person belonging to the Scheduled Castes or Scheduled Tribes, to be nominated by the Chairman;
   • (e) one woman to be nominated by the Chairman;
   • (f) the District Educational Officer concerned: Provided that the members referred to in clauses
   • (d) and
   • (e) shall be persons who have interest in the cause of education and are ordinarily resident in the District.
2. (2) The term of office of the members of the District Education Committee shall be co-terminous with the term of the office of the Zilla Praja Parishad.

Powers and functions of the School Education Committee:

1. (1) The School Education Committee shall have the following powers and functions, namely:
   • (a) to plan, monitor and manage the school;
   • (b) to ensure the implementation of the provisions of this Act and the rules made thereunder;
   • (c) to ensure the proper maintenance of school buildings and property;
   • (d) to monitor the academic performance of the teachers and the students;
   • (e) to ensure the attendance of teachers and students;
   • (f) to mobilize resources for the development of the school;
   • (g) to promote community participation in the school activities;
   • (h) to perform such other functions as may be entrusted to it by the Government or by the Mandal Education Committee or the Municipal Education Committee, as the case may be.
2. (2) The School Education Committee shall meet at least once in a month to review the progress of the school and to plan for the future activities.

Powers and functions of the Mandal Education Committee:

1. (1) The Mandal Education Committee shall have the following powers and functions, namely:
   • (a) to supervise, monitor and coordinate the activities of the School Education Committees within its jurisdiction;
   • (b) to ensure the implementation of the academic policies and programmes of the Government;
   • (c) to oversee the recruitment and deployment of teachers in the schools within its jurisdiction, subject to the rules made by the Government;
   • (d) to allocate funds for the development of schools and to monitor their utilization;
   • (e) to address the grievances of teachers, students and parents;
   • (f) to conduct periodic inspections of schools;
   • (g) to organize training programmes for teachers and members of the School Education Committees;
   • (h) to perform such other functions as may be entrusted to it by the Government or by the District Education Committee.
2. (2) The Mandal Education Committee shall meet at least once in two months to review the educational status in the Mandal and to take necessary steps for its improvement.

Powers and functions of the Municipal Education Committee:

1. (1) The Municipal Education Committee shall exercise such powers and perform such functions as may be prescribed for the management and development of schools within the Municipal area.
2. (2) Without prejudice to the generality of the provisions in sub-section (1), the Municipal Education Committee shall—
   • (a) ensure the implementation of the policies of the Government in regard to school education;
   • (b) monitor the functioning of the schools and ensure the quality of education;
   • (c) ensure the enrolment and retention of children in schools;
   • (d) ensure the conduct of periodical meetings of the parents and teachers and promote the participation of the community in the management of schools;
   • (e) maintain the school buildings and other infrastructural facilities;
   • (f) perform such other functions as may be entrusted to it by the Government or by the Municipal Council from time to time.

Powers and functions of the District Education Committee:

1. (1) The District Education Committee shall exercise such powers and perform such functions as may be prescribed for the supervision, co-ordination and development of school education in the district.
2. (2) Without prejudice to the generality of the provisions in sub-section (1), the District Education Committee shall—
   • (a) oversee the functioning of the Mandal Education Committees and School Education Committees;
   • (b) review the progress of the implementation of educational programmes in the district;
   • (c) ensure the equitable distribution of resources and facilities among the schools in the district;
   • (d) coordinate the activities of the various agencies involved in school education;
   • (e) advise the Government on matters relating to school education in the district;
   • (f) exercise such other powers and perform such other functions as may be prescribed.

Power to make rules.-

1. (1) The Government may, by notification, make rules to carry 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 Legislative Assembly 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 Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date of such modification or annulment 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.- 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 purposes or provisions of this Act as appear to them to be necessary or expedient for removing the difficulty:

Repeal of Ordinance 2 of 1998 Repeal of Ordinance 2 of 1998. — The Andhra Pradesh School Education (Community Participation) Ordinance, 1998 is hereby repealed.