LexThe Andhra Pradesh Intelligent Global Hub for Digital Pedagogies Act,2019.
Andhra Pradesh · state statute
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THE ANDHRA PRADESH INTELLIGENT
GLOBAL HUB FOR DIGITAL PEDAGOGIES ACT, 2019.
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT OF INTELLIGENT GLOBAL
HUB FOR DIGITAL PEDAGOGIES
3. Establishment of IGHDP.
CHAPTER III
THE GOVERNANCE STRUCTURE
4. Structure of Governing Council.
CHAPTER IV
THE REGULATORY STRUCTURE
5. Structure of Board of Directors.
CHAPTER V
MATTERS RESERVED WITH THE GOVERNING COUNCIL
6. Certain matters reserved with the Governing Council.
CHAPTER VI
THE OPERATIONAL STRUCTURE
7. Operations of the Institution.
CHAPTER VII
THE RESPONSIBILITIES OF THE GOVERNMENT
8. Responsibilities of the Government.
CHAPTER VIII
STATUTES
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9. Making of Statutes.
CHAPTER IX
ORDINANCES
10. Making of Ordinances.
CHAPTER X
REGULATIONS
11. Making of Regulations.
CHAPTER XI
MISCELLANEOUS
12. Protection of actions taken in Good faith.
13. Power to remove difficulties.
THE ANDHRA PRADESH INTELIGENT
GLOBAL HUM FOR DIGITAL PEDAGOGIES ACT, 2019.
(ACT No.10 of 2019)
[18th February, 2019]
AN ACT TO ESTABLISH AND INCORPORATE A GLOBAL DIGITAL HUB
TO PROMOTE AND DEVELOP A HOLISTIC APPROACH TO EDUCATION
USING CERTIFIED DIGITAL PEDAGOGIES WITH THE AIM TO DEVELOP
21ST CENTURY SKILLS, PROVIDE PROGRESS AND HAPPINESS FOR THE
PEOPLE OF ANDHRA PRADESH, AS WELL AS THE GLOBAL
COMMUNITY AND MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO.
Whereas, Government of Andhra Pradesh initiated the creation of an
Autonomous Intelligent Global Hub for Digital Pedagogies;
And whereas, the Intelligent Global Hub for Digital Pedagogies (APIGHDP)
is an Institution of importance to the State, National and Global community
with the following objectives:
(1) To help establish Andhra Pradesh as the 'Skill Capital' of not only
India but Internationally upskilling teachers and becoming a fountain head
of global talent, key element in the State Government of Andhra Pradesh's
Vision 2029, which calls for a holistic approach to development towards
creating happiness through knowledge and skill for the people of the State;
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(2) To utilize International practice and niche approach to
transforming education using digital pedagogies to develop 21st century
skills with modern approach to learn, focus on development of intellectual
and emotional intelligence, thereby laying the foundation for achieving
Andhra Pradesh's 2029 Vision, as well as the global Sustainable
Development Agenda 2030;
And whereas, driven by research in the sciences of learning, the
Intelligent Global Hub for Digital Pedagogies will Improve overall quality of
education across primary, secondary schools and higher education,-
(i) To strengthen linkages between research-driven universities and
industry engaged in digital technologies ;
(ii) To catalyse the setup of new companies in Education Technology ;
(iii) To create highly skilled talent pool for multiple global industries;
(iv) To upskill existing educators for using digital instruction effectively;
(v) To Certify standards for digital learning resources.
And whereas , thousands of jobs will be created as the knowledge,
research, educational, and entrepreneurial ecosystem witnesses an
increased rate of innovation arising out of learning that promotes
intellectual and emotional intelligence in learners;
And whereas , quality education that is more inclusive will help increase
the wellbeing of society and therefore increased livelihood opportunities will
be an outcome, along with favorable outcomes to health and reduced crime
incidents, making for a happier society;
Be it enacted by the Legislature of the State of Andhra Pradesh in the
seventieth year of the Republic of India as follows:
CHAPTER I
PRELIMINARY
1. Short title and commencement – (1) This Act may be called the Andhra
Pradesh Intelligent Global Hub for Digital Pedagogies Act,2019.
(2) It shall come into force on such date as the State Government may,
by notification in the Andhra Pradesh Gazette, appoint.
2. Definitions - In this Act, unless the context otherwise requires,-
(1) "Board" means the Board of Directors constituted under section 5;
(2) "Chairman" means the Chairman of the Board of Directors ;
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(3) "CEO" means the Chief Executive Officer of the Institution ;
(4) "CFO" means the Chief Finance Officer of the Institution;
(5) "CLO" means the Chief Legal Officer of the Institution;
(6) "Company" means a company incorporated under the companies
Act, 2013;
(7) "Directors" means members of the Board of Directors, other than
Nominee Director;
(8). "Divisions" means the seven separate areas of work that the
Institution is being set up for;
(9). "Division Heads" means the heads of each of the seven Divisions.
(10). "General Seats" means ten members of the Governing Council,
each called a "Member" of the Governing Council;
(11). "Government" means the Government of the State of Andhra
Pradesh;
(12) "Governing Council" means the Governing Council of the
Institution that governs the Board of Directors;
(13). "IGHDP" means the Intelligent Global Hub for Digital
Pedagogies;
(14). "Institution" means the IGHDP entity of the Institution;
(15). "Nominee Director" means one nominee from the Government as
a member of the Board of Directors;
(16) "President" means the President of the Governing Council;
(17). "Reserved Seat" of the Governing Council mean one seat
permanently reserved, for the Government called a "Permanent Member”;
(18). "Statutes" and "Ordinances" means, the Statutes and Ordinances
of the Institution for the time being, in force;
(19). "Vendor Organizations" means the external vendor organizations
that will be responsible for operating the For Profit Divisions.
CHAPTER – II
ESTABLISHMENT OF INTELLIGENT GLOBAL HUB FOR
DIGITAL PEDAGOGIES
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3 Establishment of IGHDP - .(1) The Government may, by notification in
the Andhra Pradesh Gazette appoint, an Institution to be called "The
Intelligent Global Hub for Digital Pedagogies".
(2) The Institute shall consist of the Governing Council, Chairman,
CEO and the Board of Directors and such other persons as may be
appointed at such office or as members, so long as they continue to hold
such office or membership.
(3) The Institution shall be a body corporate set up as a Company
Limited by shares, as per the Companies Act, 2013 (Central Act No.18 of
2013), with the name aforesaid, having perpetual succession and a common
seal with power, subject to the provisions of this Act, to acquire, hold and
dispose of property and to contract and may by the said name, sue or be
sued.
(4) The Company forming the Institution shall have the Government
as the sole shareholder, and shall provide the tangible support for the
Institution by way of land, capital and other things specified in Chapter VII
of this Act.
(5) The Institution shall carry out all its objectives with permission of
competent authorities whomsoever applicable, and shall apply its
profits, if any, or other income in promoting its objects and prohibit the
payment of any dividend.
(6) The main objective of the Institution shall be to utilize research
and evidence from the sciences of learning to build well –designed digital
pedagogies to promote education, including special education and
employment enhancing vocational skills, in order to transform learning and
in the process spawn an innovation ecosystem via the IGHDP in line with
the vision 2029 of the Government of Andhra Pradesh and the global
Sustainable Developmental Goal agenda on education.
(7) The Institution shall be financially and administratively
autonomous and as such shall be self sufficient on capital and operational
accounts, having its own governance as well as administrative policies and
practices as prescribed from time to time.
(8) The Institution shall have the right to raise investment, grants as
well as aid from domestic as well as international institutions in order to
support its stated objectives.
(9) The Institution shall be registered under the Income Tax Act,
1961(Central Act No.43 of 1961) to enable donations to it to be eligible for
50% income tax exemption for the donors under Section 80 G of the said
Act.
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(10) The Government shall make necessary efforts to set a temporary
campus for the institution rent-free with the utilities being paid for by the
institution as per actuals;
(11) The Logo of Government of Andhra Pradesh shall be used for
branding of Andhra Pradesh IGHDP.
CHAPTER III
THE GOVERNANCE STRUCTURE
4. Structure of Governing Council - (1) A Governing Council consisting of
eleven persons shall form the apex body of the Institution and shall be
responsible for the general superintendence and direction of the affairs of
the Institution and shall have the power to review the work of the Board.
(2) The members of the Governing Council shall be identified and
selected from Indian citizens as well as from the rest of the world, will be
sensitive towards gender balance, as well as a mixture of backgrounds so as
to bring diversity of thoughts, skills and experience. They shall be selected
for their pre-eminence, their mastery in their fields and their ability and
willingness to bring value to the Institution.
(3) One seat of the Governing Council shall permanently be allotted, to
a representative of the Government, the actual person deputed by the
Government may change from time to time at their discretion. This member
shall be called the "Permanent Member" occupying the "Reserved Seat" of
the Governing Council.
(4) The other ten members shall be called "Members" occupying
"General Seats" on the Governing Council.
(5) All the General Members shall carry one vote, and the Permanent
Member shall carry two votes.
(6) Except for the First Governing Council, each Member shall have a
term of 6 years, for a maximum of two terms.
(7) One third of the Members of the First Governing Council shall
retire after six years, being replaced by fresh members, the next one third
after seven years and the final one third after eight years. Subsequently, one
third of the members of Governing Council shall be replaced every sixth
year.
(8) The Members of the first Governing Council will be identified and
approved by the Government. Members of the subsequent Governing
Councils shall be nominated and selected by the existing Governing Council.
(9) In order to have global representation in the Governing Council,
the maximum number of Indian citizens on the Governing Council shall be
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restricted to three, the maximum number of citizens from any one country
shall be restricted to two, and sensitivity shall be maintained towards
gender balance.
(10) The President of the Governing Council shall be selected among
the Members and shall be approved by the Permanent Member.
(11) The Governing Council shall meet twice a year, and by video
conference another two times a year, Quorum being 3 Members plus the
Permanent member.
(12) The Members of the Governing Council shall give their time to the
Institution pro bono, but a policy on reimbursement of travel reimbursement
by the Institution, may be provided for in the Statutes, if deemed
appropriate.
CHAPTER IV
THE REGULATORY STRUCTURE
5. Structure of Board of Directors - (1). An eleven-person Board of
Directors under the Governing Council shall legally represent and control
the operations of the Institution and shall exercise all the powers of the
Institution not otherwise provided for by this Act, the Statutes and
Ordinances.
(2) The members of the Board shall be the CEO, CFO, CLO, the seven
Division Heads, plus one nominee from the state Government and shall be
called Directors.
(3 The Nominee Director shall be a person of eminence, having
relevant experience and global exposure and shall be willing and able to
dedicate a minimum of one day a month to the Institution.
(4) The Chairman of the Board shall be selected by mutual consent of
the members of the Board of Directors, and shall have a term of five years.
(5) The Board shall meet as often as needed, but minimum 6 times a
year and also additionally, as needed, to comply fully with the prevailing
laws.
(6) The Board shall operationally independent and shall be authorized
to take all routine decisions for spending money, hiring and firing people,
contracting work to external parties, maintaining compliance with the laws
and all such things needed to keep the Institution operational.
(7) The Board shall enter into key strategic alliances in consultation
with the governing council and the board will oversee the appointment of
architects, contractors and key vendors, including the terms of reference of
these alliances.
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CHAPTER V
MATTERS RESERVED WITH THE GOVERNING COUNCIL
6. Certain matters reserved with the Governing Council - (1) The first
CEO, CFO and CLO shall be hired through a selective process by the
Governing Council overseen by Government of Andhra Pradesh.
(2) The Governing Council may validate raising sums of money more
than Rs 1,00,00,000.00 (Rupees one crore) by way of sponsorship or
strategic investment for the Institution by the Board.
(3) The Governing Council may authorize opening subsidiary under
the Institution, converting into "Not for profit" Divisions wholly or partially
owned by the Institution, or other non-profit organizations under the
Institution.
CHAPTER VI
THE OPERATIONAL STRUCTURE
7. Operations of the Institution - (1) The Intelligent Global Hub for Digital
Pedagogies — IGHDP shall be the legal entity that directs and holds all the
operations of the Institution under it, and it shall be headed by the Board of
Directors.
(2) The Institution shall have a global team in order to get the best
minds to create the best pedagogies, and is authorized to hire and pay
remuneration to citizens of other countries and shall be free to set salaries
and compensation levels consistent with their backgrounds.
(3) It shall have seven functionally and intellectually autonomous
divisions under it, as follows:
(i). Research Centre for Learning — a 'Not for Profit" Division
(ii). Teacher Training Academy — a 'Not for Profit" Division
(iii). Global Certification Bureau — a 'Not for Profit" Division
(iv). Business Incubator — a 'Not for Profit" Division
(v). 4D School for children with special needs including
Dyslexia, Dyspraxia, Dysgraphia, Dyscalculia — a 'Not for
Profit" Division
(vi). Design University — a 'For Profit Division'
(vii). Skill Development Institution — a 'For Profit Division'
(4) Each Division shall appoint its own Head and such person shall be
a Director of the Board. The Governing Council and Board of Directors shall
be informed in writing of the appointment/change in any Head of Division.
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(5) The Heads of Divisions shall be appointed as and when their
Divisions become operational, and each Division shall be free to create its
own advisory and management team and its own governance structure.
(6) The 'Not for Profit' Divisions shall be permitted to become
independent, completely or partially owned by the Institution, at a later date
if the requirement so arises.
(7) The 'For Profit' Divisions shall be run by a best in class Vendor
Organization identified by the Institution. The Institution shall not enter into
any profit sharing or equity sharing with these Divisions. It may however,
charge suitable rent for the land, infrastructure and services provided, and
the said rent can be revised from time to time.
(8) The Institution, although a not for profit entity, shall nevertheless
make all efforts to generate revenues and raise monies so as to become self-
sustainable.
CHAPTER VII
THE RESPONSIBILITIES OF THE GOVERNMENT
8. Responsibilities of the Government - (1) The Government shall provide
to the Institution an appropriate piece of land measuring about 100 acres on
a 99-year lease at a nominal lease amount of Rupee 1 per annum. The said
piece of land will be identified by the Government within 60 days from the
date of commencement of this Act.
(2) The Government shall ensure that the land use of surrounding
areas is devoted to such usage as is in keeping with the Global Ambience of
the Institution.
(3) The Government shall, at its cost, provide and maintain, proper
road access (at least 4 lanes), lay pipelines of adequate capacity for drinking
water and sewerage, electric power lines of suitable capacity and redundant
optical fibre connectivity, up to the site.
(4) The Government shall grant exemption of payment of Stamp
Duty, Registration Charges, or any other levies on any document executed
by the Institution.
(5) The Institution shall have the right to build on the land, as well
as to lease out the land for others to build upon, or to lease out buildings
that it has built, so long as the construction is in line with the objectives of
the Institution and approved of by the Governing Council, and it follows the
laws of the land.
(6) The ownership of all buildings shall remain with the Institution
for the duration of its 99 years lease, and the Institution shall have the right
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to offer the buildings as collateral security during the said 99 years lease
period, for raising loans, in case so needed.
(7) The Government may extend tranche loan/grant as deem fit to
the institution for the establishment of initial infrastructure, including land
development, architectural design, buildings, equipment and other
operational needs as per the terms and conditions decided by it.
(8) The Government shall provide the stature of "Private University"
in accordance with relevant Laws to the Design University Division of the
Institution to enable it to grant Diploma's, Bachelors and Masters Degrees
as well as to guide research and award PhD's in the field of Design.
(9) The Government shall make it mandatory for all B.Ed courses
in the State to have 200 hours of digital learning and social emotional
learning, developed / prescribed by the "Teachers Training Academy"
Division of the Institution.
(10) The Government shall make it mandatory for government
schools and institutes to procure Games and Digital Learning products and
services certified by the Institution for the government schools and
Institutions on priority basis, when deemed appropriate by the Government.
(11) The Government shall make necessary efforts to set a
temporary campus for the institution rent-free with the utilities being paid
for by the institution as per actuals.
CHAPTER VIII
STATUTES
9. Making of Statutes - (1). The first Statutes shall be made by the
Government within 60 days of the commencement of this Act.
(2) The Governing Council may, from time to time, make new or
additional Statutes, or may amend or repeal the Statutes referred to in sub-
section (1):
Provided that the Governing Council shall not make, amend or repeal
any Statutes affecting the status, power or constitution of any authority of
the Institution, until such authority has been given reasonable opportunity
of expressing their opinion in writing on the proposed change and any
opinion so expressed, within the time specified by the Governing Council
and has been considered by the Governing Council.
(3) Every new Statute, its amendment or repeal shall require the
approval of the Governing Council.
(4) Subject to the provisions of this Act, Statutes may provide for the
following, or similar matters, namely:
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(i).The constitution, powers and functions of the authorities
and other bodies of the Institution as may be found to be
necessary to be constituted from time to time
(ii).The selection and continuance in office of the CEO, CLO,
CFO and members of the authorities and bodies of the
Institution.
(iii).The manner and appointment of the Officers of the
Institution, terms and conditions of their service, their
powers, duties and emoluments.
(iv).The criteria, manner and appointment as well as terms
of reference for Vendor Organizations.
CHAPTER IX
ORDINANCES
10. Making of Ordinances - (1) The first Ordinance shall be made by the
initial Members of the Board with the approval of the Government and later,
inform to the Governing Council as and when it is constituted.
(2) The amendment of this first ordinance or its repeal, may be made
by the Board, with the approval of the Governing Council.
(3) Subsequent ordinances may be made by the CEO and shall require
the approval of the Board within a period of 120 days.
(4) Subject to the provisions of this Act and the Statutes, Ordinances
may provide for the following, or similar matters, namely:
(i). Direction of research, creation of content,
(ii). Creation of posts as necessary
(iii). Procedures for settlement of disputes
(iv). The criteria, manner and appointment as well as terms
of reference for Service Providers / Vendors.
CHAPTER X
REGULATIONS
11. Making of Regulations - The authorities of the Institution may make
Regulations consistent with the Act, its Statutes and Ordinances for the
conduct of their business and that of the committees, if any, appointed by
them and not provided for by the Act, its Statutes and Ordinances.
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CHAPTER XI
MISCELLANEOUS
12. Protection of actions taken in Good faith - No suit or other legal
proceedings shall lie in any court against the Institution, or against any
authority, officer or employee of the Institution or against any person or
body or persons acting under the order or direction of any authority or
officer or employee of the Institution for anything which is in good faith
done, or intended to be done in pursuance of the Act or the Statutes or
Ordinances.
13. Power to remove difficulties - (1) If any difficulties arise in giving effect
to the provisions of the Act, the Government may, by order, make such
provisions, not inconsistent with the provisions of the Act, as appear to
them to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of three
years from the commencement of the Act.
(2) Every order made under this section shall as soon as may be
after it is made, be laid before each house of the State legislature.
R.ARAVIND,
Secretary to Government (I/c),
Legal and Legislative Affairs & Justice,
Law Department.