Andhra Pradesh School Education Regulatory and Monitoring Commission Act, 2019
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17. Chairperson and members, officers, and employees of the commission to be public servants
Chair-person and all the Members of commission established under this Act, and all officers and other employees of the Commission when acting or purporting to act in pursuance of any provisions of this Act, or regulations made or orders or directions issued thereunder shall be deemed to be public servants with the meaning of section 21 of the Indian Penal Code, 1860 [Central Act No.45 of 1860].
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18. Protection of action taken in good faith
No suit, prosecution, or other legal proceedings shall lie against the commission, or chairperson or any member, officer, employee in respect of anything done or intended to be done in good faith, or any contract of any kind entered into by the commission in good faith in pursuance of this Act, or the regulations made, or orders or directions issued thereunder.
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19. Power of State Government to issue directions
- (1) The State Government shall be empowered to seek a review of any of the decisions of the Commission, for reasons to be recorded in writing.
- (2) The State Government can revise and modify the order of the Commission through speaking order in public interest.
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20. Power to remove difficulties
- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of three years from the commencement of this Act.
- (2) Every order made under this Section shall be laid, as soon as it is made before the State Legislature.
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21. Power to make regulations
- (1) The Commission may, make regulations to carry out the provisions of this Act with prior approval of the Government.
- (2) Every Regulation made under this Section shall be laid, as soon as it is made before the State Legislature.
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22. Power to make rules
- (1) The State Government may, by notification publish in the Official Gazette, make rules in consultation with the Commission for carrying out the provisions of this Act.
- (2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: -
- (a) procedure to follow by the members in the discharge of their functions;
- (b) the inspection of School Education Institutions;
- (c) the form and manner in which the accounts shall be maintained by the Commission under Section 15 of this Act;
- (d) such other matters as may be required for proper functioning of the Commission.
- (3) 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 next 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 of the State 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.
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