Andhra Pradesh School Education Regulatory and Monitoring Commission Act, 2019
Chapter III POWERS AND FUNCTIONS
Education201922 sections5 chapters
Chapter III POWERS AND FUNCTIONS
9. Powers and functions of the Commission
Statutory text
The Commission shall take all such steps as necessary for ensuring coordinated and integrated development of School Education and maintain high standards and for the purposes of performing its functions under this Act. The Commission may,-
- (i) shall ensure that standards of infrastructure, admission, teaching, teacher education, student assessments, examinations, research, and qualification of teachers are being maintained by the School Educational Institutions in accordance with the guidelines issued by the Central or the State Government from time to time;
- (ii) the Commission shall have the power to monitor and regulate Fee across all Private Schools in the State duly developing parameters of fee structure and grading of schools, irrespective of their Board of Affiliation (or Curriculum) including but not limited to CBSE, ICSE, IB, IGCSE and / or any other in Private Schools, and private teacher education institutions in School Education. However, this shall not apply to any of the school education institutions managed by the Government of India Agency or Department.
- (iii) the Commission shall lay framework of guidelines regarding the service conditions of teachers in Private (Aided and Un-Aided) School Educational Institutions and Private (Aided and Un-Aided) Teacher Education Institutions.
- (iv) The Commission shall monitor the implementation of the provision of 12.1.c of the Right to Education Act, 2009, whereby 25% of reservation of seats in Class I in Private Un-Aided Schools for disadvantaged groups and weaker sections by developing suitable guidelines.
- (v) The Commission shall also have the responsibility for setting up the framework under which an independent Accreditation Agency/s shall carry out the task of accrediting school educational institutions, including Teacher Education Institutions.
- (vi) Whenever required, the Commission may hold public consultations with various stakeholders, including Private Education Institutions Management Associations, from time to time.
- (vii) The Commission shall ensure redressal of grievances of students and parents in a time bound manner;
- (viii) The Commission shall advise, when called upon to do so by the State Government, as the case may be, on policies relating to school education, teacher education and research in any field of knowledge therein; cause to be undertaken policy research in school education and teacher education to identify future direction and processes in school education.
- (ix) The Commission shall ensure that all School Education Institutions, including Teacher Education Institutions, comply with guidelines of information disclosure to supervise, monitor and evaluate their performance.
- (x) Wherever required, the findings of the Regulatory Commission shall be communicated to appropriate authority for necessary action as per the provisions of law / Rules;
- (xi) If any School Education Institution/s, including Teacher Education Institutions fails, within a reasonable time, to comply with any directions made by the Commission, the Commission after taking into consideration the reasons/cause, if any, shall initiate action in accordance with the provisions of this Act.
- (xii) In case of successive violations of any provision of this Act, rules and regulations made thereunder, the Commission shall direct the appropriate authority to withdraw the affiliation or recognition of such institution/s.
Chapter III POWERS AND FUNCTIONS
10. Penalties
Statutory text
- (1) The Commission may, for the contravention of any provision of this Act or other relevant Acts / Rules or Regulations recommend the appropriate authority for imposing penalties made thereunder, or by directions impose appropriate penalty.
- (2) In case of grave violations, the Commission shall direct the appropriate authority to withdraw the affiliation or recognition of such institution/s.
- (3) The penalty imposed under sub-section (1) shall be recoverable from the endowment fund or any other Fund or as an arrear of land revenue from the School Education Institution/s, including Teacher Education Institutions concerned.
Chapter III POWERS AND FUNCTIONS
11. Procedure and Powers of the Commission
Statutory text
- (1) The Commission shall, for the purposes of any inquiry or proceedings under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 [Central Act No.5 of 1908] in respect of the following matters, namely:-
- (i) Summoning and enforcing the attendance of any person and examining him on oath;
- (ii) discovery and production of any document or other material object producible as evidence;
- (iii) receiving evidence on affidavits; (iv) requisitioning of any public record; (v) issuing commission for the examination of witnesses; (vi) reviewing its decisions, directions and orders; (vii) any other matters which may be prescribed;
- (2) The Commission shall have the powers to pass such interim order/s in any proceeding, hearing or matter as the Commission may consider appropriate.
- (3) The Commission may authorize any person, as it deems fit, to represent the interest of the students and parents in the proceedings before it.
- (4) All disputes under this Act shall be decided summarily in accordance with the provisions of Order XXXVII of the Code of Civil Procedure, 1908.
- (5) Notwithstanding anything contained in this Act, the School Education Institution, including Teacher Education Institution shall be bound to comply with all the orders passed , rules, regulations, norms, etc., of the Regulating Bodies and provide all such facilities and assistance to such Bodies as are required by them to discharge their duties and carry out their functions.
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