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The Andhra Pradesh School Education Management (Community Participation) Act, 1998.

Andhra Pradesh · state statute
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THE ANDHRA PRADESH SCHOOL EDUCATION
MANAGEMENT(COMMUNITY PARTICIPATION) ACT, 1998
ACT No. 13 OF 1998
ARRANGEMENT OF SECTIONS
SECTIONS
PART - I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
PART - II
ESTABLISHMENT OF COMMITTEES FOR PEOPLE'S
PARTICIPATION, THEIR COMPOSITION, POWERS
AND FUNCTIONS
3. People’s participation at School Level
4. Constitution   powers and functions of Parent-teacher
 Association
5. Constitution, powers and functions of the School Management
Committee
6. School Education Fund
7. Constitution, powers and functions of the Panchayat Education
 Committee
8. Panchayat Education Fund
9. Constitution, powers and functions of Mandal Education
 Management Committee
10. Mandal Education Fund
11. Constitution, powers and functions of Municipal Education
 Management Committee
12. Municipal Education Fund
13. Constitution, powers and functions of District Education
 Management Committee
14. District Education Fund
PART - III
DISTRICT AND STATE LEVEL MONITORING BOARD
15. Constitution, powers and functions of District Education Board
16. Constitution, powers and functions of State Advisory Board of
 School Education
PART - IV
MISCELLANEOUS
17. Overriding effect
18. Powers to give directions
19. Power to make rules
2
THE ANDHRA PRADESH SCHOOL EDUCATION (COMMUNITY
PARTICIPATION) ACT, 1998
ACT No. 13 OF 1998
[22nd April, 1998]
AN ACT TO PROVIDE FOR REFROMING SCHOOL EDUCAITON IN ANDHRA
PRADESH BY INSURING PEOPLES PARTICIPATION IN THE
ADMINISTRATION OF SCHOOLS AND TO PROVIDE FOR MATTERS
CONNECTED THEREWITH OR INCIDENTAL THERETO.
Where as the constitutional goal of Universal Primary Education
remained elusive over the decades, due largely to the fact that the prevailing
educational system is not geared to achieve that objective;
And whereas it is necessary that children should be given an opportunity
for their potentialities to manifest to the fullest extent through the
universalisation of education and by improving the quality of education;
And whereas the active participation of the local community through
empowerment of parents who care most for the future of the children is
imperative to ensure effective functioning of the schools;
And whereas decentralization of school administration is necessary to
ensure more effective functioning of the school education system, promote
accountability and better motivated teachers and better moulded students;
And whereas for achieving the above purposes, self-correcting democratic
institutions should be established;
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Forty-ninth Year of the Republic of India as follows:-
PART - I
PRELIMINARY
1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh 1[School Education Management] (Community Participation)
Act, 1998.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may by
notification appoint.
(4) It applies to all educational institutions in the State imparting
1. The words “School Education Management” substituted by the Act No. 4 of
2007, section 2.
3
education from 1[Primary] stage upto tenth class and includes Non-formal
Education Center or Adult Education Center or Continuing Education Center
functioning under the control of Government, Local Bodies 2[*].
2. Definitions - In this Act, unless the context otherwise requires,-
(1) “District Education Board” means a District Education Board
constituted under section 15;
(2) “3[District Education Management Committee]” means a 3[District
Education Management Committee] constituted under section 13;
(3) “4[Mandal Education Management Committee]” means a 4[Mandal
Education Management Committee] constituted under section 9;
(4) “5[Municipal Education Management Committee]” means a
5[Municipal Education Management Committee] constituted under section 11;
(5) “Notification” means a notification published in Andhra Pradesh
Gazette and the word “notified” shall be construed accordingly;
(6) 6[*];
(7) “Parent” means father, mother or guardian of the student studying in
the school;
(8) “Parent Teacher Association” means an Association constituted
under section 4 and also includes the learners association in case of the Adult
Literacy Centers or Continuing Education Centers;
(9) “School” means and includes 7[Primary School or], Upper Primary
School or High School or Non-formal Education Centre or Adult Education
Center or Continuing Education Center;
1.  The word “Primary” substituted by the Act No.31 of 2000, section 2.2 . The words “or Institutions Aided by Government under Private management”
omitted by the Act No. 4 of 2007, section 2.
3 . The words “District Education Management Committee” substituted by the Act
No. 4 of 2007, section 12.
4. The words “Mandal Education Management Committee” substituted by the Act
No. 4 of 2007, section 12.
5 . The words “Municipal Education Management Committee” substituted by the
Act No. 4 of 2007, section 12.6 . The clause (6) omitted by the Act No. 4 of 2007, section 3.7. The words “Primary School or” substituted by the Act No.31 of 2000, Section
3.
4
(10) “1[School Management Committee]” means a 1[School Management
Committee] constituted under section 5;
(11) “School Education” means 2[*] Primary, Upper Primary, Non-formal,
Adult and Secondary Education;
(12) All words and expressions used in this Act and not defined but defined
in the Andhra Pradesh Education Act 1982 (Act 1 of 1982) shall have the
meanings respectively assigned to them in that Act.
PART - II
ESTABLISHMENT OF COMMITTEES FOR PEOPLE'S
PARTICIPATION, THEIR COMPOSITION, POWERS AND
FUNCTIONS
3. People’s participation at School Level - In order to ensure people's
participation at the School level, there shall be constituted for every School a
Parent- Teacher Association and a 1[School Management Committee].
4. Constitution, powers and functions of Parent-Teacher Association -  (1)
Every Parent-Teacher Association shall consist of all teachers of the school and
parents of all children enrolled in the school as members. Only one of the
parents of the children in a family enrolled in the school shall have the right to
vote.
(2) The Association shall meet as often as necessary but not less than two
times a year. The Headmaster or Instructor or as the case may be Prerak of the
School or Institution shall be the Convenor. A parent member elected for the
purpose shall preside over the meeting of Parent- Teacher Association.
(3) It shall be the duty of the Association to review, from time to time, in
the manner prescribed, the functioning of the school in regard to the following
matters, namely,-
(a) ensuring universal access and enrollment;
(b) motivating regular attendance of children to the school, their
retention and effectively arresting dropouts;
(c) creating interest in education by improving infrastructural
facilities in the schools and the quality of teaching and ensuring the
attainment of the primary objective of universal enrollment and zero
dropout rate;
1. The words “School Management Committee” substituted by the Act No. 4 of
2007, section 12.
2 . The words “Pre-Primary”, omitted by the Act No.31 of 2000, section 3.
5
(d) mobilisation towards collection of the membership fee and
Corpus fund for the school; and
(e) sanctioning of the budget and approving the accounts of the
school education fund placed before it by the 1[School Management
Committee].
5. Constitution, powers and functions of the 1[School Management
Committee] - 2[(1) The School Management Committee in respect of a school
located in rural area, shall consist of seven members of whom there shall be
four parents of the children enrolled in the school to be nominated as
prescribed in the rules. The concerned Ward Member of the area in which the
school is located shall be the ex-officio member and the Headmaster or where
there is no Headmaster, the senior most teacher of the school shall be the
Member-Convenor of the Committee. Of the four parent members, there shall
be at least two women and one person belonging to Scheduled Caste or
Scheduled Tribe or Backward Class or Minority Community. The Sarpanch of
the Gram Panchayat shall be the ex-officio Chairperson of the Committee.
(1A) In respect of a school located in a Municipality or Municipal
Corporation area, the School Management Committee shall consist of seven
members of whom there shall be five parents of the children enrolled in the
school to be nominated as prescribed in the rules and the Headmaster or where
there is no Headmaster, the senior most teacher of the school shall be the
Member-Convenor of the Committee. Of the five parent members there shall be
at least to women, one person belonging to Schedules Caste or Scheduled Tribe
or Backward Class or Minority Community. The concerned counselor of the
area in which the school is located shall be the ex-officio Chairperson of the
Committee.];
(2) All decisions shall be taken by a majority of the members of the
Committee present and voting.
(3) The functions of the 1[School Management Committee] shall include the
following,-
(a) manage the School Education fund for School Development;
(b) assist the teachers in ensuring the attendance of the children;
(c) ensure enrolment and retention of all the children;
(d) hire the services of local persons as teachers or instructors or
preraks, as the case may be, where there is a felt need, on voluntary
basis or on payment of fixed honorarium meeting the cost from the
1. The words “School Management Committee” substituted by the Act No. 4 of
2007, section 12.2. The sub-section substituted by the Act No. 4 of 2007, section 4.
6
school education fund:
Provided that no regular post is filled on a permanent basis in this
manner.
(e) hold meetings of parents who fail to send their children to the
school;
(f) review and monitor the school health programmes;
(g) ensure excellence in the overall performance of the school and
the children;
(h) shall conduct parent day celebrations periodically to involve
all parents in the management of the school and to motivate them to
send their children regularly to schools;
(i) to raise, maintain and manage school nurseries for the purpose
of afforestation and ensure clean, healthy environment around the
school;
(j) help, augment infrastructure facilities needed by the school;
(k) ensure effective use of educational equipment in the school;
(l) collect membership fee and Corpus Fund for the development of
the Institution from all the Parent-Teacher Association members and
donors;
(m) distribute incentives such as text books, Mid-day meals etc.
and wherever felt required to provide uniforms and scholarships; and
(n) co-ordinate with the Panchayat Education Committee for
assistance as and when required.
1[(4) The term of office of the members of the School Management
Committee shall be three years.
Provided that the Government, may either extend the term of office of the
members of the Committee for a period of not exceeding one year at a time or
nominate a person as person incharge of the Committee for a period of one year
or till constitution of the School Management Committee whichever is earlier.]
6. School Education Fund - (1) There shall be a School Education Fund for
every  school consisting of the following,-
1 . The sub-section substituted by the Act No. 4 of 2007, section 4.
7
 (i) funds released by the Government or Local Bodies for
management or Improvement of infrastructure of the school which
will not include salary grant released by Government;
(ii) funds for school contingencies released by Local Bodies or
Government;
(iii) 1[*];
(iv) membership fee from parents;
(v) corpus fund collected from members and donors including
Grant-in-aid from Government for further development of the
school; and
(vi) fee collected, if any, from parents.
(2) The fund shall be operated in such manner as may be prescribed by the
2[School Management Committee].
3[Provided that where the 2[School Management Committee] is not in
existence, the person in-charge of the committee shall operate the fund in such
manner as may be directed either by the Commissioner/Director of School
Education or by an officer designated by him.]
7. 4[*]
8. 5[*]
9. Constitution, powers and functions of 6[Mandal Education Management
Committee] –
(1) There shall be constituted for each Mandal, a 7[Mandal Education
Management Committee] consisting of the following members namely:-
(i) the President of the  Mandal Parishad, who shall be the
1. The clause (iii) omitted by the Act No. 4 of 2007, section 5.
2 . The words “School Management Committee” substituted by the Act No. 4 of
2007, section 12.3. The proviso added by the Act No. 12 of 2006, section 3.
4. The Section 7 omitted by the Act No. 4 of 2007, section 6.
5 . The Section 8 omitted by the Act No. 4 of 2007 section 7.
6 . The words “Mandal Education Management Committee” substituted by the Act
No. 4 of 2007, section 12.7 . The words “Mandal Education Management Committee” substituted by the Act
No. 4 of 2007, section 12.
8
Chairman;
(ii) the Mandal Parishad Development Officer who shall be the
Vice-Chairman;
(iii) one Headmaster of the Schools under the control of the
Mandal Parishad to be co-opted by Mandal Education  Committee
in the manner prescribed;
(iv) one philanthropist or educationist or representative of
voluntary organisation to be co-opted by the Mandal Education
Committee;
(v) 1[eight Chairpersons of School Management Committees
under the control of Mandal Praja Parishad to be nominated in the
prescribed manner of whom four shall be women and one each
shall be from Scheduled Castes/Scheduled Tribes and Minorities];
(vi) one representative from the recognised Teacher Unions to be
co-opted in the manner prescribed;
(vii) one Sarpanch to be co-opted by the 1[Mandal Education
Management Committee] in the manner prescribed;
(viii) one Mandal Parishad Territorial Constituency member to be
co-opted by 1[Mandal Education Management Committee] in the
manner prescribed; and
(ix) the Mandal Education Officer who shall be the Member-
Convenor.
(2) All decisions shall be taken by a majority of members of the Committee,
present and voting.
(3) The term of office of the Committee constituted under this section shall
be two years. A parent member shall however cease to be a member when he
has no enrolled child in the Mandal Praja Parishad School or when recalled by
the Parent Teacher Association concerned in the manner prescribed.
2[Provided that the Government, may extend the term of office of the
Committee for a period not exceeding one year at a time.]
(4) The 3[Mandal Education Management Committee] shall monitor the
functioning of the schools under the control of the Mandal Parishad, literacy
1 . The Clause (v) substituted by the Act No. 4 of 2007, section 8.
2. The new proviso inserted by the Act No. 31 of 2000, section 6.3 . The words “Mandal Education Management Committee” substituted by the Act
No. 4 of 2007, section 12.
9
programmes in the Mandal and shall take such corrective steps as may be
necessary.
(5) The Committee shall have the following powers and functions, namely:-
(a) to undertake annual evaluation of the performance of the schools,
facilitate and provide for academic supervision and inspection of schools under
the control of Mandal Parishad, and
(b) to promote sports and cultural activities among the students in
Mandal Parishad Schools.
10. Mandal Education Fund - (1) The 2[Mandal Education Management
Committee] shall maintain a Mandal Education Fund which shall consist of the
grant-in-aid received from the State Government and Zilla Parishad or from any
other source, the funds allocated to education in the Mandal Budget and Public
donations.
(2) The Mandal Education Fund shall be utilised by the 2[Mandal
Education Management Committee] for the purpose of its functions:
Provided that the salary grants shall be operated in the manner prescribed
by the Government.
(3) The Fund shall be operated by the 2[Mandal Education Management
Committee] in such manner as may be prescribed.
11. Constitution, powers and functions of 1[Municipal Education
Management Committee] – (1) There shall be constituted a 3[Municipal
Education Management Committee] for each Municipality or Municipal
Corporation.
(2) Every 3[Municipal Education Management Committee] shall consist
of the following members, namely:-
(i) the Chairperson of the Municipality or Mayor of the Municipal
Corporation, as the case may be, shall be the Chairperson of the
Committee;
(ii) the Municipal Commissioner, shall be the Member Convenor;
(iii) one Councilor to be co-opted by the committee in such
manner as may be prescribed:
(iv) 2[eight Chairpersons of School Management Committee under
1 . The words “Municipal Education Management Committee” substituted by the
Act No. 4 of 2007, section 12.2. The sub-section substituted by the Act No. 4 of 2007, section 9.
10
the control of Municipality/Municipal Corporation to be
nominated in the prescribed manner of whom four shall be women
and one each shall be from Scheduled Castes/Scheduled Tribes
and Minorities;
 Provided that out of the eight Chairpersons, four shall be
from High School Management Committees and four shall be from
Primary School Management Committees].
(v) two teachers (the senior most headmaster of the primary
schools and the senior most headmaster of high schools) in the
Municipality or Municipal Corporation;
(vi) one distinguished educationist or philanthropist or nominee of
a non-Governmental organisation to be nominated by the District
Collector; and
(vii) one representative from the recognised teacher unions to be
co-opted as may be prescribed.
(3) All decisions of the 1[Municipal Education Management Committee]
shall be taken by a majority of the members of the Committee present and
voting.
(4) The term of office of the 1[Municipal Education Management Committee]
shall be two years. A parent-member shall, however, cease to be a member
when he has no enrolled child in the Municipality/Municipal Corporation
School or when recalled by the Parent Teacher Association concerned in the
manner prescribed:
2[Provided that the Government, may extend the term of office of the
Committee for a period not exceeding one year at a time.]
(5) The 1[Municipal Education Management Committee] shall be
responsible for the overall development of Primary and Secondary Education in
the Municipality or Municipal Corporation as the case may be and for the
purpose, it shall provide the necessary infrastructure to the schools under its
control and monitor their functioning.
(6) The committee shall have the following powers and functions, namely:
(i) to undertake annual evaluation of the performance of the
schools, facilitate and provide for academic supervision and
inspection of schools to be undertaken by appropriate and
competent authorities to be specified by the Education
1 . The words “Municipal Education Management Committee” substituted by the
Act No. 4 of 2007, section 12.
2. The new proviso inserted by the Act No. 31 of 2000, section 7.
11
Department, organise sports, cultural and other related activities,
prepare annual budget for the Municipal Education  Committee
and assist in the maintenance of proper accounts; and
(ii) to promote sports and cultural activities among the students in
Municipality or Municipal Corporation Schools.
12. Municipal Education Fund - (1) There shall be constituted a Municipal
Education Fund for every Municipality or Municipal Corporation which shall be
utilised by the [Municipal Education Management Committee] 1 for the
performance of its functions.
(2) The Fund shall consist of the funds allocated for education in the
Municipality/Municipal Corporation budget, grants-in-aid from the State
Government and public donations and tax revenue as may be available to the
Municipal Council or Corporation as the case may be under sections 37, 38
and 39 of the Andhra Pradesh Education Act, 1982(Act 1 of 1982):
Provided that the salary grant shall be operated in the manner as may be
prescribed.
(3) The Fund shall be operated in such manner as may be prescribed.
13. Constitution, powers and functions of 2[District Education
Management Committee] – (1) There shall be constituted for each district a
2[District Education Management Committee] consisting of following members
namely:-
(i) the Chairman of the Zilla  Parishad, who shall be Chairman of
the Committee;
(ii) the Chief Executive Officer of the Zilla  Parishad who shall be
the Member - Convenor;
(iii) ten parents to be 3[nominated] in the prescribed manner by
and from among the parent members of the 4[School Management
Committees] in the District of whom not less than five shall be
women; and one shall be from Scheduled Caste or Scheduled
Tribes and one from Minority Community;
1 . The words “Municipal Education Management Committee” substituted by the
Act No. 4 of 2007, section 12.
2 . The words “District Education Management Committee” substituted by the Act
No. 4 of 2007, section 12.
3. The word “nominated” substituted by the Act No. 4 of 2007, section 10.
4 . The words “School Management Committee” substituted by the Act No. 4 of
2007, section 12.
12
(iv) two Headmasters of Zilla Parishad High Schools co-opted in
the Committee in the manner prescribed;
(v) one educationist or social activist or nominee of a voluntary
organisation to be nominated by the District Collector;
(vi) one chairperson of 1[Mandal Education Management
Committee] to be co-opted in the manner prescribed;
(vii) 2[*];
(viii) The District Educational Officer;
(ix) the Minorities Welfare Officer of the District or in the absence
of that officer an officer belonging to the Minorities from any of the
Departments / Offices nominated by the District Collector;
(x) Project Officer, integrated Tribal Development Agency; or the
District Tribal Welfare Officer;
(xi) one representative from the recongnised Teacher Unions to be
co-opted in such manner as may be prescribed;
(ix) two Zilla Parishad Territory Council Members to be
nominated as may be prescribed;
(xiii) Deputy Director of Social Welfare Department; and
(xiv) District Backward Classes Welfare Officer.
(2) All decisions of the Committee shall be taken by majority of the members
of the Committee present and voting.
(3) The term of office of the Committee shall be two years. A parent-member
shall, however, cease to be a member when he has no enrolled child in the Zilla
Parishad School or when recalled by the concerned Parent Teacher Association
in the manner prescribed.
3[Provided that the Government, may extend the term of office of the
Committee for a period not exceeding one year at a time.]
(4) The Committee shall be responsible for the overall development of
secondary education in the district and for that purpose, it shall provide the
necessary infrastructure to the schools and monitor their functioning.
1 . The words “Mandal Education Management Committee” substituted by the Act
No. 4 of 2007, section 12.2 . The clause (vii) omitted by the Act No. 4 of 2007, section 10.
3. The new proviso inserted by the Act No. 31 of 2000, section 8.
13
(5) The Committee shall have to undertake annual evaluation of the
performance of the schools, facilitate and provide for academic supervisions
and inspection of schools to be under taken by appropriate and competent
authorities to be specified by the Education Department, organise sports,
cultural and other related activities, prepare annual budget for the 1[District
Education Management Committee] and assist in the maintenance of proper
accounts:
14. District Education Fund - (1) There shall be a District Education Fund
consisting of:-
(i) all the Grants received from Government;
(ii) education cess collected; and
(iii) donations received for the purpose of educational development in
the district.
(2) The fund shall be administered by the 1[District Education Management
Committee];
Provided that the salary grants shall be operated in such manner as may
be prescribed.
(3) The fund shall be operated in such manner as may be prescribed.
PART III
DISTRICT AND STATE LEVEL MONITORING BOARD
15. Constitution, powers and functions of District Education Board – (1)
There shall be established by the Government, by notification, for each district
a District Education Board which shall consist of the following members:-
(i) the District Collector, who shall be the Chairman;
(ii) three Educational experts nominated by the District Collector;
(iii) Deputy Director, Adult Education;
(iv) one expert on Vocational Education;
(v) Principal, District Institute of Education and Training;
(vi) one representative of non-governmental organisation to be
nominated by the District Collector;
(vii) two outstanding teachers including retired headmasters who are
recipients of National Awards to be nominated by the District
Collector;
(viii)   one nominee of District Planning Committee;
(ix) one representative from recognised teachers unions to be co-opted
as prescribed;
(x) Project Officer, Integrated Tribal Development Agency or the
District Tribal Welfare Officer;
1 . The words “District Education Management Committee” substituted by the Act
No. 4 of 2007, section 12.
14
(xi) Assistant Director, Non-formal Education, who shall be a
permanent invitee;
(xii) one representative from each category of managements running
schools including the minority management run schools in the
district nominated by the District Collector;
(xiii)  the District Education Officer, who shall be the Member Convenor;
and
(xiv) the Minority Welfare Officer of the District or in the absence of that
Officer, an Officer belonging to the minorities from any of the
Departments / Offices nominated by the District Collector.
(2) The Board shall essentially be a technical body and shall look after the
needs of the primary, secondary and adult education in the District. Its
functions shall include training of Teachers reviewing of school calendar and
performance of various schools, Mandal resource centers and teachers centers
and overseeing the implementation of audio-visual education, vocational
education, conduct of examinations and all academic matters within the
district.
(3) The directions of the District Education Board on all academic matters
shall be binding on the 1[District Education Management Committee], 2[Mandal
Education Management Committee], Panchayat Education Committee,
3[Municipal Education Management Committee] and 4[School Management
Committee].
(4) The term of office of the Board constituted under this section shall be
two years.
5[Provided that the Government, may extend the term of office of the Board
for a period not exceeding one year at time]
16. Constitution, powers and functions of State Advisor Board of School
Education - (1) There shall be established by the Government by notification, a
State Advisory Board of School Education which shall consist of the following,
namely:-
(i) Minister for School Education, who shall be the Chairperson;
(ii) Minister for Municipal Administration;
(iii) Minister for Panchayat Raj;
1 . The words “District Education Management Committee” substituted by the Act
No. 4 of 2007, section 12.
2 . The words “Mandal Education Management Committee” substituted by the Act
No. 4 of 2007, section 12.3 The words “Municipal Education Management Committee” substituted by the Act
No. 4 of 2007, section 12.
4 . The words “School Management Committee” substituted by the Act No. 4 of
2007, section 12.5. The new proviso inserted by the Act No. 31 of 2000, section 9.
15
(iv) Minister for Social Welfare;
(v) Minister for Tribal Welfare;
(vi) Minister for Women Welfare;
(vii) Minister for Backward Classes Welfare;
(viii) the Secretary to Government incharge of School Education;
(ix) Secretaries to Government incharge of Planning, Labour, Social
Welfare, Tribal Welfare, Family Welfare, Women Development and Child
Welfare, Minority Welfare, Panchayat Raj and Rural Development;
(x) two educational experts to be nominated by the Government;
(xi) three teachers to be nominated by the Government;
(xii) two representatives of non-government organisations to be
nominated by the Government;
(xiii) one Vice-Chancellor of any University in the State to be nominated
by the Government;
(xiv) one nominee of the Ministry of Education, Government of India;
(xv) the Chairman, State Council of Higher Education;
(xvi) three Chairpersons of the 1[District Education Management
Committee]s in the State to be nominated by the Government;
(xvii)  one Chairperson of 1[School Management Committee] to be co-
opted as prescribed;
(xviii)  State Project Director, 2[Sarva Siksha Abhiyaan];
(xix)  Commissioner and Director of School Education who will be
Member-Convenor.
(2) The Director of Adult Education, Secretary, Board of Intermediate
Education and the Director of State Council for Educational Research and
Training shall be the permanent invitees to the meetings of the Board.
(3) The State Advisory Board shall,-
(a) advise the Government in matters related to the quality of
instruction, curriculum, syllabus and other academic matters;
(b) review overall achievements in the minimum levels of learning;
(c) ensure coordination at various levels and among different
departments dealing with the matters relevant to School Education; and
(d) ensure maintenance of uniform standards among institutions
throughout the State.
(4) The term of office of the Board constituted under this section shall
be three years:
1[Provided that the Government, may extend the term of office of the Board
1. The words “District Education Management Committee” substituted by the Act
No. 4 of 2007, section 12.
2. The words “Sarva Siksha Abhiyaan” substituted by the Act No. 4 of 2007,
section 11.
16
for a period not exceeding one year at time]
PART IV
MISCELLANEOUS
17. Over riding effect - The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in the Andhra
Pradesh Education Act, 1982 (Act 1 of 1982) or any other law for the time being
in force in the State.
Explanation:- For the removal of doubts it is hereby declared that in
respect of matters not provided for in this Act, the provisions of the Andhra
Pradesh Education Act, 1982 (Act 1 of 1982) shall apply so far as School
Education is concerned.
18. Powers to give directions - (1) For the purpose of giving effect to the
provisions for this Act, it shall be competent for the Government to issue such
directions as they deem fit to the officers, and authorities subordinate to them
and also to any local authorities and it shall be the duty of such officer
authorities and local authorities to comply with such directions.
(2) Government may, remove any member of the above mentioned
committees at any time, on proven misconduct, non-performance or misuse of
funds:
Provided that no removal of such member shall be made without affording
an opportunity of making a representation against such removal.
19.  Power to make rules - (1) The Government may, by notification make
rules to carry out any of purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, the Government may make rules:-
(i) as to the authority competent to constitute the Parent Teacher
Association, 2[School Management Committee], Panchayat Education
Committee, 3[Mandal Education Management Committee], 4[Municipal
Education Management Committee] and the 5[District Education Management
Committee] and the manner of their constitution;
(ii) as to the convening of the meeting of the association and the
committees referred to in sub-clause (i) and the conduct of business thereat;
(iii) to improve the quality of service in the school by prescribing
citizens charter and its implementation thereof; and
1. The new proviso inserted by the Act No. 31 of 2000, section 10.2. The words “School Management Committee” substituted by the Act No. 4 of
2007, section 12.3 . The words “Mandal Education Management Committee” substituted by the Act
No. 4 of 2007, section 12.4 . The words “Municipal Education Management Committee” substituted by the
Act No. 4 of 2007, section 12.5 . The words “District Education Management Committee” substituted by the Act
No. 4 of 2007, section 12.
17
(iv) to ensure proper utilisation of funds at all levels through
transparent procedures and monitoring their implementation through Social
Audit.
(3) 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 the 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.

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