The Andhra Pradesh State Council of Higher Education Act, 1988.

THE ANDHRA PRADESH STATE COUNCIL OF HIGHER EDUCATION
ACT, 1988
ACT No. 16 OF 1988
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title and commencement
2.  Definitions
3.  Constitution of State Council of Higher Education
4.  Composition of the State Council
5. Terms and conditions of Service of Chairman, Vice-Chairman
and members
6.  Meetings of the Council
7. Vacancies amongst members or defect in constitution not to
invalidate Acts or proceedings of the Council
8. Temporary association of persons with the Council for particular
purpose
9. Staff of the Council
10.  Authentication of orders and other instruments of the Council
11.  Powers and functions of the Council
12.  Special provisions with regard to Intermediate Education
13.  Fund of the Council
14.  Release of grants-in-aid to the Universities and institutions
15.  Annual Financial Statement
16.  Annual Report
17.  Accounts and Audit
18.  Directions by the Government
19.  Returns and information
20.  Inspection and enquiry
21.  Revision
22.  Power to make rules
23.  Power to make regulations
24.  Power to remove difficulties
THE ANDHRA PRADESH STATE COUNCIL OF HIGHER EDUCATION
ACT, 1988
ACT No. 16 OF 1988
[21st April, 1988]
AN ACT TO PROVIDE FOR THE CONSTITUTION OF A STATE COUNCIL TO
ADVISE THE GOVERNMENT IN MATTERS RELATING TO HIGHER
EDUCATION IN THE STATE AND TO OVERSEE ITS DEVELOPMENT
WITH PERSPECTIVE PLANNING AND FOR MATTERS CONNECTED
THEREWITH AND INCIDENTAL THERETO.
Whereas the National Educational Policy, 1986 recommended that State
Level Planning and Co-ordination of Higher Education shall be done through
Councils of Higher Education and that the University Grants Commission and
these councils will develop co-ordinative methods to keep a watch on
standards;
And whereas the University Grants Commission constituted a committee
to make recommendations regarding setting up of State Councils of Higher
Education as per the aforesaid National Policy;
And whereas the said committee recommended that there is a pressing
need for an effective machinery for promotion and co-ordination of Higher
Education at the State Level and Co-ordination of State level programmes with
those of the University Grants Commission;
And whereas the University Grants Commission had laid down the
guidelines for setting up of State Councils of Higher Education as
recommended by the said Committee;
And whereas the State Government has accordingly decided to fill the
gap by constituting a State Council of Higher Education as recommended in
the National Educational Policy of the Government of India and as
recommended by the Committee constituted by the University Grants
Commission.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Thirty-ninth Year of the Republic of India as follows:-
1. Short title and commencement- (1) This Act may be called the Andhra
Pradesh State Council of Higher Education Act, 1988.
(2) It shall come into force on such date as the Government may, by
notification, appoint.
2. Definitions- In this Act, unless the context otherwise requires,-
(a) "Chairman" means the chairman of the State Council of Higher
Education;
(b) "College" means a college affiliated to or associated with or
recognised by any University in the State including engineering
colleges, polytechnic colleges and all colleges established in the co-
operative sector;
(c) "Degree" means a degree in arts, science, commerce, oriental
languages, engineering, technology, law, or such other degree
recognised by any University in the State and includes a post-
graduate degree;
(d) "Diploma" means any course of study after the tenth class to
which a diploma is awarded but does not include a certificate;
(e) "State Council" means the Andhra Pradesh State Council of
Higher Education constituted under sub-section (1) of section 3;
(f) "Government" means the State Government of Andhra Pradesh;
(g) "Higher Education" means every education above the tenth class
leading to a degree or diploma including Intermediate Education
and Technical Education but does not include a certificate course
in Technical Education not leading to a degree or diploma;
(h) "Notification" means a notification published in the Andhra
Pradesh Gazette and the word "notified" shall be construed
accordingly;
(i) "prescribed" means prescribed by rules made by the Government
under this Act;
(j) "Private Colleges" means a college imparting education or
training established and administered or maintained by any
person or body of persons, whether incorporated or not, or any
local authority and recognised as such by Government, but does
not include a college,-
(i) established and administered or maintained by the
Central Government or the State Government;
(ii) established and administered or maintained by any
University established by law, and
(iii) giving, providing or imparting only religious instruction,
but not any other instruction.
3.  Constitution of State Council of Higher Education- (1) The Government
may, by notification, and with effect on and from such date as may be specified
in this behalf, constitute a State Council for the purpose of this Act to be called
the Andhra Pradesh State Council of Higher Education.
(2)(a) The State Council shall be a body corporate having perpetual
succession and a common seal and shall sue and be sued by the said corporate
name.
(b) In all suits and other legal proceedings by or against the State
Council the proceedings shall be signed and verified by the
Secretary and all processes in such suits and proceedings shall be
issued to and served on the Secretary.
(3) The Headquarters of the State Council shall be located at Hyderabad.
4.  Composition of the State Council- (1) The State Council shall consist of
the following members, namely:-
I.  FULL TIME MEMBERS:
(i) a Chairman ; and
(ii)1[two Vice Chairmen],
to be appointed by the Government from among eminent
educationists.
II.  EX-OFFICIO MEMBERS:
(i) the Secretary to Government, Education Department ;
(ii) the Secretary to Government, Finance Department ;
(iii) the Secretary to Government, Labour, Employment and
Technical Education ;
(iv) the Secretary or any other officer of the University Grants
Commission not below the rank of a Joint Secretary
nominated by the Chairman, University Grants Commission.
2[(v) the Vice Chancellors of the Osmania University, Andhra
University, Sri Venkateswara University, Sri
1 . The item (ii) substituted by the Act No. 26 of 2005, section 2.2 . The item (v) added by the Act No. 26 of 2005, section 2.
Krishnadevaraya University, Acharya Nagarjuna University,
Kakatiya University and Jawaharlal Nehru Technological
University.]
III. OTHER MEMBERS:
(i) four persons to be appointed by the Government from
among eminent educationists ;
(ii) one person who shall represent the industry to be
appointed by the Government ;
(iii) three persons of whom one shall be a technical expert, to
be nominated by the State Government.
(2) Every appointment under this section shall take effect from the date
on which it is notified by the Government.
5. Terms and conditions of Service of Chairman, Vice-Chairman and
Members- (1) The Chairman, Vice-Chairman or any Member (other than
anex-officiomember) shall be appointed by the Government ordinarily for a
term of three years and shall be eligible for re-appointment for a second term:
Provided that a person who has not attained the age of sixty-five years
shall be eligible to be appointed as Chairman or Vice-Chairman:
Provided further that it shall be competent for the Government to make
an appointment under this sub-section for a term of less than three years if
they consider necessary;
Provided also that the Chairman, Vice-Chairman or any member (other
than anex-officio member) who incur disqualification under the rules made in
this behalf shall cease to hold such office as Chairman, Vice-Chairman or
Member.
(2) The Chairman or Vice-Chairman or a Member (other than anex-
officio member) may resign his office by writing under his hand addressed to
the Government and every such resignation shall take effect from the date on
which it is accepted by the Government.
(3) The Chairman or Vice-Chairman or a Member (other than anex-
officio member), shall not be removed from his office except by an order of the
Government passed on the ground of wilful omission or refusal to carry out the
provisions of this Act or abuse of the powers vested with him and after due
inquiry as may be ordered by the Government, in which such Chairman or
Vice-Chairman or Member shall have an opportunity of making his
representation against such removal.
(4) If a casual vacancy occurs in the office of the Chairman, whether by
reason of his death, resignation or inability to discharge his functions owing to
illness or other incapacity or for any other reason the Vice-Chairman holding
office as such for the time being shall hold the office of the Chairman until
another person is appointed as Chairman for the term as may be specified by
the Government under sub-section (1):
Provided that where no Vice-Chairman is holding office at the time when
the vacancy in the office of the Chairman occurs, the Government may appoint
any other member (not being anex-officio member) or appoint any other person
to hold the office of the Chairman until another person is appointed as the
Chairman for the term as may be specified by the Government under sub-
section (1).
(5) If a casual vacancy occurs in the office of the Vice-Chairman or any
other member, (other than anex-officio member) whether by reason of his
death, resignation or inability to discharge his functions owing to illness or
other incapacity or for any other reason such vacancy shall be filled by the
Government in the manner specified under sub-section (1).
(6) The office of the Chairman and Vice-Chairman shall be a whole time
and salaried and subject thereto the terms and conditions of service of the
Chairman, Vice-Chairman and other members shall be such as may be
prescribed.
6.  Meetings of the Council- The Council shall meet at such times and places
and shall observe such rules of procedure in regard to the transaction of
business at its meetings as may be provided by regulations made under this
Act.
7.  Vacancies amongst members or defect in constitution not to invalidate
Acts or proceedings of the Council- No Act or proceedings of the Council
shall be deemed to be invalid by reason of any vacancy in or any defect in the
Constitution of the Council.
8.  Temporary association of persons with the Council for particular
purpose- The Council may associate with itself in such a manner and for such
a purpose, any person whose assistance or advice it may desire in carrying out
its work. A person associated with Council for any purpose shall have a right to
take part in the discussions relevant to that purpose but shall not have a right
to vote at a meeting or the council and shall not be a member for any other
purpose. The Council may associate with its members of Medical, Engineering
and Agricultural Universities and such other expert bodies as the Government,
by order, specify with a view of developing coordination among the Universities.
9.  Staff of the Council- (1) The Council may appoint a Secretary and the
other Officers with the previous approval of the Government and the other
employees may be appointed by the Council from time to time in accordance
with the guidelines prescribed.
(2) The classification and methods of recruitment, conditions of service,
pay and allowances and disciplinary conduct of the officers and other
employees referred to in this section shall be such as may be prescribed.
10.  Authentication of orders and other instruments of the Council- All
orders and decisions of the Council shall be authenticated by the signature of
the Chairman or any other member authorised by the Council in this behalf,
and all other instruments issued by the Council shall be authenticated by the
signature of the Secretary or any other officer of the Council authorised in the
like manner in this behalf.
11.  Powers and functions of the Council- (1) It shall be the general duty of
the Council to co-ordinate and determine standards in institutions of Higher
Education or Research and Scientific and Technical institutions in accordance
with the guidelines issued by the University Grants Commission from time to
time.
(2) The functions of the Council shall include:
I.  PLANNING AND CO-ORDINATION:
(i) to prepare consolidated programmes in the sphere of
Higher Education in the State in accordance with the
guidelines that may be issued by the University Grants
Commission from time to time, and to assist in their
implementation, keeping in view the over all priorities and
perspectives to Higher Education in the State;
(ii) to assist the University Grants Commission in respect of
determination and maintenance of standards and suggest
remedial action wherever necessary;
(iii) to evolve perspective plans for development of Higher
Education in the State ;
(iv) to forward the Developmental Programmes of Universities
and Colleges in the State to the University Grants
Commission along with its comments and recommendations;
(v) to monitor the progress of implementation of such
developmental programmes;
(vi) to promote co-operation and co-ordination of the
educational institutions among themselves and explore the
scope for interaction with industry and other related
establishments;
(vii) to formulate the principles as per the guidelines of the
Government and to decide upon, approve and sanction new
educational institutions by according permission keeping in
view the various norms and requirements to be fulfilled ;
(viii) to suggest ways and means of meeting additional
resources for higher education in the State.
II. ACADEMIC FUNCTIONS:
(i) to encourage and promote innovations in curricular
development, restructuring of courses and updating of
syllabi in the University and the colleges;
(ii) to promote and co-ordinate the programme of
autonomous colleges and to monitor its implementation;
(iii) to devise steps to improve the standards of examinations
conducted by the Universities and suggest necessary
reforms;
(iv) to facilitate training of teachers in colleges and
Universities;
(v) to develop programmes for greater academic co-operation
and interaction between University teachers and College
teachers and to facilitate mobility of students and teachers
within and outside the State;
(vi) to conduct entrance examination for admission to
institutions of higher education and render advice on
admissions;
(vii) to encourage sports, games, physical education and
cultural activities in the Universities and Colleges;
(viii) to encourage extension activities and promote
interaction with agencies concerned with regional planning
and development;
(ix) to prepare an overview report on the working of the
Universities and the colleges in the State and to furnish a
copy of the report to the University Grants Commission.
III. ADVISORY FUNCTIONS:
to advise the Government, -
(i) in determining the block maintenance grants and to lay
down the basis for such grants;
(ii) on setting up a State Research Board so as to link
research work of educational institutions with that of the
research agencies and industry, keeping in view the overall
research needs of the State;
(iii) on the statutes and Ordinances to various Universities in
the State (excluding Central Universities) and on the statutes
proposed by the Universities in the State;
(iv) to work in liaison with the Southern Regional Committee
of the All India Council for Technical Education in the
formulation of the schemes in the State;
(v) to make new institutions self-sufficient and viable;
(vi) on the policy of 'earning while learning';
(vii) to perform any other functions necessary for the
furtherance of higher education in the State.
12. Special provisions with regard to Intermediate Education -
Notwithstanding anything contained in this Act, and the Andhra Pradesh
Intermediate Education Act, 1972 (Act 1 of 1972), it shall be competent for the
Government to entrust to the State Council all or any of the functions relating
to Intermediate Education and such other matter for the orderly functioning of
the Junior Colleges (including Co-operative and self-financing Junior Colleges)
and to seek such help and advice from the State Council in order to ensure the
orderly and efficient functioning of such colleges in conformity with the overall
objective and educational policy of the State and National Policy.
13.  Fund of the Council- (1) The Council shall have its own fund consisting
of the grants from Government voted by the Legislative Assembly of the State
towards grants to Universities, and Colleges and Grants received from Central
Government for higher education and such other funds as may be received by
the Council from any other source,
(2) The Government may pay to the Council in each financial year such
sums as may be considered necessary for the functioning of the Council.
(3) All moneys belonging to the Fund and all receipt of the Council shall
be deposited or invested in such manner as may be prescribed.
(4) The Council may spend such sums as it may think fit for performing
its functions under this Act, and such sums shall be treated as expenditure
payable out of the fund of the Council.
14.  Release of grants-in-aid to the Universities and institutions- (1) It
shall be the duty of the State Council to allocate grants to different Universities
and degree colleges in the State from out of the funds received by it under sub-
section (1) of section 13 and release the same to concerned Universities and
colleges.
(2) Without prejudice to the provisions of the Andhra Pradesh Education
Act, 1982 (Act 1 of 1982) the Director of Higher Education and the other
authorities administratively concerned with the colleges shall implement the
decisions, programmes and instructions of the Council in regard to the
planning and monitoring developments and release of grants and funds of the
Council under section 13.
15.  Annual Financial Statement- (1) The Council shall prepare an annual
financial statement on or before such date as may be prescribed of the
estimated capital and revenue receipts and expenditure for the ensuing year.
(2) The said statement shall include a statement of salaries and
allowances of members, officers and servants of the Council and of such other
particulars as may be prescribed.
(3) The Government shall, as soon as may be after receipt of the said
statement, cause it to be laid on the Table of the Legislative Assembly of the
State.
(4) The Council shall take into consideration any comments made on the
said statement in the Legislative Assembly of the State.
(5) The Council may at any time during the year in respect of which a
statement under sub-section (1) has been submitted, submit to the
Government a supplementary statement, and all provisions of this section shall
apply to such statement as they apply to such statement under the said sub-
section.
16.  Annual Report- The Council shall prepare once in every 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 thereof shall
be forwarded to the Government and the Government shall cause the same to
be laid before the Legislative Assembly of the State. A copy of the report shall
also be sent to the University Grants Commission.
17.  Accounts and Audit- (1) The Council 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.
(2) The Council shall, as soon as may be after closing its annual
accounts, prepare a statement of accounts in such form, and forward the same
to the Government by such date, as the Government may determine.
(3) The accounts of the Council shall be audited by such authority, at
such times and in such manner as may be prescribed.
(4) The annual accounts of the Council together with the audit report
thereon shall be forwarded to the Government and the Government shall cause
the same to be laid before the Legislative Assembly of the State and shall also
forward a copy of the audit report to the Council for taking suitable action on
the matters arising out of the audit report.
18.  Directions by the Government- (1) In the discharge of its functions
under this Act, the Council shall be guided by such directions on questions of
policy relating to State purposes or in case of any emergency as may be given
to it by the Government.
(2) If any dispute arises between the Government and the Council as to
whether a question is or is not a question of policy relating to State purposes,
or whether an emergency has arisen, the decision of the Government thereon
shall be final.
19.  Returns and information- The Council shall furnish to the Government
such returns or other information with respect to its property or activities as
the Government may, from time to time, require.
20.  Inspection and enquiry- (1) The Government shall have the right to
cause an inspection to be made, by an officer not below the rank of Secretary to
the Government authorised by it, of the State Council and also to cause an
inquiry to be made into the work done by the State Council in respect of any
matter entrusted to it. The Government shall in every case give notice to the
State Council of its intention to cause such inspection or inquiry to be made
and the State Council shall be entitled to be represented thereat. The Officer
making the inspection or inquiry shall inform the-Government of the results
thereof.
(2) The Government shall communicate to the State Council its views
with reference to the results of such inspection or inquiry and may, advise the
State Council upon the action to be taken.
(3) The State Council shall, within such time as the Government may fix,
report to it, the action, if any, which is proposed to be taken or has been taken,
upon such advice.
(4) The Government may, where action has not been taken by the State
Council within a reasonable time to its satisfaction, issue such directions as it
may think fit, and the State Council shall comply with such directions.
21.  Revision- The Government may eithersuo-motuon an application made
to them, call for and examine the records of any order passed or decision taken
by the State Council under the provisions of this Act, for the purpose of
satisfying themselves as to the legality or propriety of such order or decision or
as to regularity of such procedure and pass such order with respect thereto as
they may think fit:
Provided that no such order shall be made except after giving the State
Council or the person likely to be affected thereby, a reasonable opportunity of
being heard.
22.  Power to make rules- (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 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 comprise 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 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.
23.  Power to make regulations- (1) The Council may make regulations
consistent with this Act and rules made thereunder :
(a) regulating the meeting of the Council and the procedure for
conducting business thereat ; and
(b) regulating the manner in which and the purposes for which
persons may be associated with the Council under section 8.
(2) No regulation shall be made under this section except with the
previous approval of the Government.
24.  Power to remove difficulties- If any difficulty arises in giving effect to
the provisions of this Act, the Government may by order make such provision
not inconsistent with the purpose of this Act, as appears to them to be
necessary or expedient for removing the difficulty.

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