The Andhra Pradesh Commissionerate of Higher Education Act, 1986.

THE ANDHRA PRADESH COMMISSIONERATE OF HIGHER EDUCATION
ACT, 1986.
ACT No. 26 OF 1986
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title and Commencement
2. Definitions
3. Constitution of Commissionerate of Higher Education
4. Composition of the Commissionerate
5. Terms and conditions of service of Chairman and members
6. Meeting of the Commissionerate
7. Vacancies amongst members or defect in constitution not to invalidate acts
or proceeding of the Commissionerate
8. Temporary association of persons with the Commissionerate for particular
purposes
9. Director of Higher Education etc., to be under the administrative control of
the Commissionerate
10. Authentication of orders and other instruments of the Commissionerate
11. Powers and functions of the Commissionerate
12. Fund of the Commissionerate
13. Inspection
14. Annual Report
15. Accounts and Audit
16. Lirections by Government
17. Returns and information
18. Power to make rules
19. Power to make regulations
THE ANDHRA PRADESH COMMISSIONERATE OF HIGHER EDUCATION
ACT, 1986.
ACT No. 26 OF 1986
[8th August, 1986]
AN ACT TO PROVIDE FOR THE CONSTITUTION OF A COMMISSIONERATE
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.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Thirty-seventh Year of the Republic of India as follows:—
1. Short title and Commencement - (1) This Act may be called the Andhra
Pradesh Commissionerate of Higher Education Act, 1986.
(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 Commissionerate ;
(b) “College” means a College affiliated to or associated with or
recognised by, any University in the State and includes a Junior
College recognised by or affiliated to the Andhra Pradesh Board of
Intermediate Education ;
(c) “Commissionerate” means the Andhra Pradesh
Commissionerate of Higher Education constituted under sub-
section (I) of section 3 ;
(d) “Government” means the State Government of Andhra Pradesh ;
(e) “Higher Education” means intermediate education and
education leading to a degree or post graduate degree including
professional and technical education ;
(f) “notification’ means a notification published in the Andhra
Pradesh Gazette and the word “notified” shall be construed
accordingly ;
(g) “prescribed” means prescribed by rules made by the
Government under this Act;
(h) “private college” 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 Commissionerate of Higher Education - (1) The
Government may, by notification, and with effect on and from such date as
may be specified therein, constitute a Commissionerate for the purposes of this
Act to be called the Andhra Pradesh Commissionerate of Higher Education.
(2) (a) The Commissionerate 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
Commissionerate, 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 Commissionerate shall be located at
Hyderabad.
4. Composition of the Commissionerate- (1) The Comraissionerate shall
consist of—
 (i) a Chairman;
(ii) a Vice-Chairman; and
(iii) not more than ten members.
(2) The Chairman and Vice-Chairman shall be eminent educationists
appointed by the Government.
(3) Of the other members referred to in clause (iii) of sub-section (1) —
(a) the Secretary to the Government in the Education Department
or the nominee of the Government not below the rank of a Deputy
Secretary of the Department, ex-officio;
(b) the Secretary to the Government in the Labour, Employment,
Nutrition and Technical Education Department, or the nominee of
the Government not below the rank of a Deputy Secretary of the
Department, ex-officio;
(c) the Secretary to the Government in the Finance and Planning
(Finance Wing) Department, or the nominee of the Government not
below the rank of a Deputy Secretary of the Department, ex-officio;
 (d) four shall be appointed by the Government to represent
Professors or Vice-Chancellors of any of the Universities in the
State;
(e) one shall be appointed by the Government to represent industry
and commerce; and
(f) one shall be appointed by the Government to represent
engineering or legal or medical education with a distinguished
academic background; and
(g) one distinguished educationist to be appointed by the
Government.
(4) The Vice-Chairman shall exercise such powers and discharge such
duties as may be prescribed.
(5) 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 and members– (1) A
person appointed as Chairman, Vice-Chairman or member (other than an ex-
officio member) shall, unless he becomes disqualified for continuing as such
under the rules made under this Act hold office for such term as may be
specified in the order of appointment which shall not exceed three years and
shall be eligible for re-appointment as Chairman, Vice-Chairman or member as
the case may be, for another term of three years only :
Provided that in no case the Chairman, Vice-Chairman or other member
shall hold office beyond the age of sixty years.
(2) The Chairman, Vice-Chairman or a member (other than an ex-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, the Vice-Chairman or a member, other than an ex-
officio member, shall not be removed from his office except by an order of the
Government passed on the ground of willful omission or refusal to carry out
the provisions of this Act or abuse of the powers vested in him and after due
inquiry by such person who is or has been a Judge of a High Court or the
Supreme Court as may be appointed by the Government, in which such
Chairman, 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 the Vice-Chairman holding office as such for the
time being shall act as the Chairman and shall, unless any other person is
appointed earlier as the Chairman, hold the office of the Chairman for the
remainder of the term of office of the person in whose place he is to so act:
Provided that where no Vice-Chairman is holding office at the time when
the vacancy in the office of the Chairman occurs, the Government shall,
appoint any other member to act as the Chairman and the person so appointed
shall not hold the office of the Chairman for a period exceeding six months.
(5) If a casual vacancy occurs in the office of the Vice-Chairman or any
other member, whether by reason of his death, resignation or inability to
discharge his functions owing to illness or other incapacity, such vacancy shall
be filled by the Government by making a fresh appointment and the member so
appointed shall hold office for a term of three years.
(6) The office of the Chairman and the Vice-Chairman shall be whole-
time and salaried and subject thereto, the terms and conditions of service of
the Chairman and Vice-Chairman and other members shall be such as may be
prescribed.
6. Meeting of the Commissionerate- The Commissionerate shall meet at
such time and place 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 proceeding of the Commissionerate- No act or proceedings of the
Commissionerate shall be deemed to be invalid by reason of any vacancy, in or
any defect in the constitution of the Commissionerate.
8. Temporary association of persons with the Commissionerate for
particular purposes- (1) The Commissionerate may associate with itself in
such manner and for such purposes as may be determined by regulations
made under this Act, any person whose assistance or advise it may require in
carrying out any o f the provisions of this Act.
(2) A person associated with it by the Commissioherate under sub-
section (1) for any purpose shall have a right to speak in or otherwise to take
part in the proceedings of any meeting of the Commissionerate but shall not by
virtue of this section be entitled to vote at any such meeting.
9. Director of Higher Education etc., to beunderthe administrative
control of the Commissionerate -(1) With effect on and from the Constitution
of the Commissionerate under section 3 and notwithstanding anything
contained in the Andhra Pradesh Intermediate Education Act, 1971 and the
Andhra Pradesh Education Act, 1982, the Director of Higher Education, the
Secretary, Board of Intermediate Education, the Director of Technical
Education and the Secretary to the Board of Technical Education shall
function under the Administrative control of the Commissionerate.
(2) The Government may appoint a Secretary and the Commissionerate
may appoint such other Officers and employees from time to time with the
previous approval of the Government.
(3) The Government shall pay out of the Consolidated Fund of the State
the salaries, allowances, pension and contributions, if any, towards the
provident fund or pension-cum-provident fund of the officers and other
employees of the Commissionerate.
(4) The classification and the 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 regulated in accordance with the
provisions of the Andhra Pradesh Public Employment (Regulation of Age of
Superannuation) Act, 1984 and such rules as may be made under the proviso
to Article 309 of the Constitution.
10. Authentication of orders and other instruments of the
Commissionerate– All orders and decisions of the Commissionerate shall be
authenticated by the signature of the Chairman or any other member
authorised by the Commissionerate in this behalf, and all other instruments
issued by the Commissionerate shall be authenticated by the signature of the
Secretary or any other officer of the Commissionerate authorised in like
manner in this behalf.
11. Powers and functions of the Commissionerate - (1) It shall be the
general duty of the Commissiouerate to -
(a) evolve a perspective plan for the development of Higher
Education in the State;
(b) administer and release grants-in-aid to Universities and private
colleges in the State and report the same to the Government ;
(c) decide on the need for, and location of, new Colleges and
courses of study including Engineering Colleges, subject to general
guidelines issued by Government from time to time ;
(d) monitor and evaluate the academic programmes in higher
education and enforce accountability in the system ;
(e) suggest ways and means of mobilising additional resources for
higher education in the State;
(f) establish and develop resources centre for curriculam materials
and continuing education of teachers;
(g) co-ordinate the academic activities of various institutions of
higher education in the State ;
(h) undertake examination reforms;
(i) assume accreditation functions;
(j) organise entrance tests;
(k) administer and grant scholarships and organise work study
programmes;
(1) establish linkages between Universities, industries and
community development organisations;
(m) undertake preparation and publication of standard text books
and works of reference;
(n) make suggestions in regard to the scale of pay and service
conditions of the teaching and non-teaching staff working in
colleges and Universities, subject to general guidelines issued by
Government from time to time;
(o) transfer teachers appointed in aided posts from one aided
private college to another such College subject to such rules as
may be made by the Government in this behalf and generally
encourage mobility of teachers; and
(p) perform any other functions necessary for the furtherance and
maintenance of excellence in the standards of higher education in
the State.
(2) Notwithstanding anything contained in any law relating to
Universities in the State, the Board of Intermediate Education Act, 1971 and
the Andhra Pradesh Education Act, 1982 every University or college including a
private college in the State shall obtain the prior approval of the
Commissionerate in regard to—
(i) creation of new posts;
(ii) financial management; and
(iii) starting of new higher educational institutions.
(3) In giving its approval under sub-section (2) the Commissionerate shall
follow the general guidelines issued by the Government in this behalf from time
to time.
12.Fund of the Commissionerate - (1) The Commissionerate shall have its
own fund consisting of the grants from Government voted by the Legislative
Assembly of the State towards grants to Universities, and aided Junior and
Degree Colleges and grants received from Central Government for higher
education.
(2) All moneys belonging to the fund shall be deposited in such banks or
invested in such manner as may, subject to the approval of the Government, be
decided by the Commissionerate.
(3) The Commissionerate may spend such sums as it thinks fit for
performing its functions under this Act, and such sums shall be treated as
expenditure payable out of the fund of the Commissionerate.
13.Inspection - (1) For the purpose of ascertaining the financial needs of a
University or its standards of teaching, examination and research, the
Commissionerate may, after consultation with the University, cause an
inspection of any department or departments thereof to be made in such
manner as may be prescribed and by such person or persons as it may direct.
(2) The Commissionerate shall communicate to the University the date on
which any inspection under sub-section (1) shall be made and the University
shall be entitled to be associated with the inspection in such manner as may be
prescribed.
(3) The Commissionerate shall communicate to the University its views in
regard to the result of any such inspection and may, after ascertaining the
opinion of the University, recommend to the University the action to be taken
as a result of such inspection, and the University shall comply with any such
direction.
14.Annual Report- The Commissionerate 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.
15. Accounts and Audit - (1) The Commissionerate shall cause to be
maintained such books of account and other books in relation to its account in
such form and in such manner as may be prescribed.
(2) The Commissionerate 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 Commissionerate shall be audited by such
authority, at such times and in such manner as may be prescribed.
(4) The annual accounts of the Commissionerate 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 Commissionerate for taking
suitable action on the matters arising out of the audit report.
16.Lirections by Government- (1) In the discharge of its functions under
this Act, the Commissionerate 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
Commissionerate 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.
17. Returns and information- The Commissionerate shall furnish to the
Government such returns or other information with respect to its property or
activities the Government may, from time to time require.
18.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 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 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.
19. Power to make regulations- (1) The Commissionerate may make
regulations consistent with this Act and the rules made thereunder—
(a) regulating the meetings of the Commissionerate 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 Commissionerate under
section 8.
(2) No regulation shall be made under this section except with the
previous approval of the Government.

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