LexThe Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983
Andhra Pradesh · state statute
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THE ANDHRA PRADESH EDUCATIONAL INSTITUTIONS (REGULATION OF
ADMISSION AND PROHIBITION OF CAPITATION FEE) ACT, 1983
ACT No. 5 OF 1983
ARRANGEMENTS OF SECTION
SECTIONS
1. Short title, commencement and application
2. Definitions
3. Regulation of admission into educational institutions
4. Special provision in respect of minority educational institutions
5. Collection of capitation fee prohibited
6. Manner of giving donations
7. Regulation of fees
8. Application of Chapter XI of Act of 1982
9. Penalties
11. Power to enter and inspect
12. Act to override other laws
13. Protection of acts done in good faith
14. Amendment to the Act 1 of 1982
15. Power to make rules
16. Repeal of Ordinance 3 of 1983
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THE ANDHRA PRADESH EDUCATIONAL INSTITUTIONS (REGULATION OF
ADMISSION AND PROHIBITION OF CAPITATION FEE) ACT, 1983
ACT No. 5 OF 1983
[7th April, 1983]
AN ACT TO PROVIDE FOR REGULATION OF ADMISSION INTO
EDUCATIONAL INSTITUTIONS AND TO PROHIBIT THE COLLECTION
OF CAPITATION FEE IN THE STATE OF ANDHRA PRADESH.
Whereas, the undesirable practice of collecting capitation fee at the time
of admitting students into educational institutions is on the increase in the
State;
And whereas, the said practice has been contributing to large scale
commercialisation of education;
And whereas, it is considered necessary to effectively curb this evil
practice in order to avoid frustration among the meritorious and indigent
students and to maintain excellence in the standards of education:
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Thirty-fourth year of the Republic of India as follows:-
1. Short title, commencement and application - (1) This Act may be called
the Andhra Pradesh Educational Institutions (Regulation of Admission an d
Prohibition of Capitation Fee) Act, 1983.
(2) It shall be deemed to have come into force on 30th January, 1983.
(3) It shall apply to all educational institutions.
2. Definitions- In this Act, unless the context otherwise requires,-
(a) ‘Backward Classes' means any soci ally and educationally
Backward Classes of citizens recognised by the Government for
purposes of clause (4) of Article 15 of the Constitution of India;
(b) ‘capitation fee' means any amount collected in excess of
the fee prescribed under Section 7;
(c) ‘educational institution' means a college, a school
imparting education upto and inclusive of tenth class or other
institution by whatever name called, whether managed by
Government, private body, local authority or University and
carrying on the activity o f imparting education therein, whether
technical or otherwise, and includes a polytechnic, Industrial
Training Institute and a Teachers Training Institute, but does not
include a tutorial institution;
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(d) ‘Government' means the State Government of Andhra Pradesh;
(e) ‘management' means the managing committee or the governing
body by whatever name called of an educational institution to
which the affairs of the said institution are entrusted and where
such affairs are entrusted to any person whether called by the
name of Secretary, Correspondent or by any other name, include
also such person;
(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) ‘Scheduled Castes and Scheduled Tribes' shall have the
meanings respectively assigned to them in clause (24) and clause
(25) of Article 366 of the Constitution of India;
(i) all words and expressions u sed but not defined in this Act shall
have the meanings assigned to them in the Andhra Pradesh
Education Act, 1982( Act I of 1982).
3. Regulation of admission into educational institutions - (1) Subject to
such rules as may be made in this behalf, admission into educational
institutions shall be made either on the basis of the marks obtained in the
qualifying examination or on the basis of the ranking assigned in the entrance
test conducted by such authority and in such manner as may be prescribed:
1[Provided that admission into Agriculture, Dental, Engineering, Medical,
Pharmacy and Veterinary Colleges shall be made on the basis of ranking
assigned by giving weightage to the marks secured in the relevant group
subjects namely Biology, Physics, Chemistry or Mathematics, Physics,
Chemistry, as the case may be, in the Intermediate Public Examination or
equivalent examination and weightage to the marks secured in the common
entrance test as may be prescribed.]
(2) The admission into educational institutions under sub -section (1)
shall be subject to such rules as may be made by the Government in regard to
reservation of seats to the members belonging to Scheduled Castes, Schedul ed
Tribes and Backward Classes 2[and other categories of students as may be
notified by the Government in this behalf] and the Andhra Pradesh Educational
Institutions (Regulation of Admission) Order, 1974.
1. Substituted by Act No. 17 of 2009.
2. Inserted by Act No. 1 of 1984.
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1[(3) Notwithstanding anything in sub -sections (1) and (2), it shall be lawful for
the Government, to admit students belonging to oth er States on reciprocal
basis and the nominees of the Government of India, into Medical and
Engineering Colleges in accordance with such rules as may be prescribed:
Provided that admission of students into the Regional Engineering
College, Warangal to the extent of one-half of the total number of seats shall be
in accordance with the guidelines issued by the Government of India, from time
to time.]
2 [3A. Special provision in respect of unaided private educational
institutions - Notwithstanding anything contained in section 3 but subject to
such rules as may be made in this behalf and the Andhra Pradesh Educational
Institutions (Regulation of Admission) order, 1974, it shall be lawful for the
management of any unaided private engineering college, medical college, dental
college and such other class of unaided educational institutions, as may be
notified by the Government in this behalf to admit students into such colleges
or educational institutions, to the extent of one half of the total number of
seats from among those who have qualified in the common entrance test or in
the qualifying examination, as the case may be, referred to in sub -section (1) of
section 3 irrespective of the ranking assigned to them in such test or
examination and nothing contained in section 5 shall apply to such
admissions.]
4. Special provision in respect of mi nority educational institutions -(1)
Notwithstanding anything in Section 3, it shall be lawful for any minority
educational institution to admit students belonging to the co ncerned minority
whether based on religion or language, on the basis of the marks obtained by
them in the qualifying examination or as the case may be, on the basis of the
ranking assigned to them in the entrance test conducted in the prescribed
manner.
(2) Where any minority educational institution intends to admit students
not belonging to the concerned minority, such admission shall be only on the
basis of the marks obtained in the qualifying examination or as the case may
be, on the basis of the rankin g assigned in the entrance test conducted in the
prescribed manner.
1. Inserted by Act No. 1 of 1984.
2. Inserted by Act No. 12 of 1992.
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1[4A. Special provision in respect of Non Resident Indian Students - (1)
Notwithstanding anything in this Act it shall be lawful for the Government to
admit students belonging to foreign countries and non -resident Indian
students into a Medical College established for the purpose in accordance with
such rules, as may be pr escribed on payment of such sum as may be notified
by the Government in this behalf.
(2) There shall be constituted a fund called “Medical Education Fund” into
which shall be credited the sums received under sub-section (1). The said Fund
shall be operated by a Committee consisting of such number of persons and in
such manner as may be prescribed.
(3) All moneys belonging to the said Fund shall be deposited in such bank or
treasury or be invested in such securities in accordance with such guidelines
as may be issued by the Government in this behalf and shall be applied and
expended for the improveme nt of the said college and the development of the
Medical Educational facilities and such other related purposes as may be
prescribed.
Explanation:- For the purposes of this section, “non resident Indian student ”
means a student of Indian origin residing in any country outside India.]
5. Collection of capitation fee prohibited- The collection of any capitation fee
by any educational institution or by any person who is incharge of or is
responsible for the management of the institution is hereby prohibited.
6. Manner of giving donations- (1) Any donation of money to any educational
institution, shall be made only in such manner as may be prescribed and not
otherwise.
(2) All moneys received by any educational institution by way of
voluntary donations shall be deposited in the account of the institution, in any
Scheduled Bank and shall be applied and expended for the improvement of the
institution and the development of the educational facilities and for such other
related purposes as may be prescribed.
7. Regulation of fees - (1) It shall be competent for the Government by
notification, to regulate the tuition fee or any other fee that may be levied and
collected by any educational institution in respect of each class of students.
(2) No educational institution shall collect any fees in excess of the fee
notified under sub-section (1).
(3) Every educational institution shall issue an official receipt for the fee
collected by it.
1. Inserted by Act No. 3 of 1984.
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8. Application of Chapter XI of Act of 1982 - Where the Government are of
opinion that the management of an educational institution has contravened the
provisions of this Act, it shall be competent for them to take over the
management of such institution for a period not exceeding five years applying
in so far as may be, the pr ovisions of Chapter -XI of the Andhra Pradesh
Education Act, 1982 (Act I of 1982).
1[8A. Exemption - Nothing in this Act shall apply to the following educational
institutions,-
(a) Food Craft Institution, Hyderabad;
(b) Regional and other training centres financed by the Government of India.]
9. Penalties- Whoever contravenes the provisions of this Act or the rules made
thereunder shall on conviction be punishable with imprisonment for a term
which shall not be less than three years but which shall not exceed seven years
and with fine which may extend to five thousand rupees. Where the conviction
is for an offence under Section 5 o r Section 6, the institution shall refund the
money so collected to the party from whom it was collected.
10. Offences by companies- (1) Where an offence against any of the provisions
of this Act or any rule made thereunder has been committed by a company,
every person, who at the time the offence was committed was incharge of, and
was responsible to, the company for the conduct of business of the company,
as well as the company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub -section shall render any
such person liable to any punishment, if he proves that the offence was
committed without his knowledge or that he had exercised all due diligence to
prevent the commission of such offence.
1. Inserted by Act No.2 of 1984.
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(2) Notwithstanding anything in sub -section (1) where any such offence
has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to a ny neglect
on the part of any director, manager, secretary or other officer shall be deemed
to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation: For the purpose of this section,-
(a) ‘company' means any body corporate and includes a firm, a society
or other association of individuals, and
(b) ‘director' in relation to,-
(i) a firm, means a partner in the firm;
(ii) a society or other association of individuals means the person
who is entrusted, under the rules of the society or other
association, with management of the affairs of the society or other
association, as the case may be.
11. Power to enter and inspect - (1) Any officer not below the rank of a
Gazetted Officer authorised by the Government in this behalf may enter at any
time during the normal working hours of an educational institution or any
premises of such institution and to search and inspect any recor d, register or
other document relating to such institution and to seize any such record,
register or other document for the purpose of ascertaining whether there is or
has been any contravention of the provisions of this Act.
(2) In order to secure proper and effective utilization of the finances or
resources or other assets of any educational institution at the commencement
of this Act, it shall be competent for the Government to invoke the provisions of
sub-section (1) and ascertain such finances, resour ces and assets of any
institution and after such ascertainment to give such directions to the
management as they deem fit.
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12. Act to override other laws - The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law for
the time being in force.
13. Protection of acts done in good faith - No suit, prosection or other legal
proceeding shall be instituted against the Government or any officer, authority
or person empowered to exercise the powers or perf orm the functions by or
under this Act for anything which is in good faith done or intended to be done
under this Act or under the rules or orders made thereunder.
14. Amendment to the Act 1 of 1982 - In the Andhra Pradesh Education Act,
1982,-
(i) Section 44 shall be omitted;
(ii) in Section 99, in sub -section (1), in clause (a) , the words "and
after previous publication", shall be omitted.
15. 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 section shall immediately after it is made
be laid before each House of the State Legislature if it is in session and if it is
not in session, in th e 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, both Houses agree in making any modification
in the rule or in the annulm ent 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 preju dice to the validity
of anything previously done under that rule.
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16. Repeal of Ordinance 3 of 1983 - The Andhra Pradesh Educational
Institutions (Regulation of Admission and Prohibition of Capitation Fee)
Ordinance, 1983 is hereby repealed.