APE Act 2Chapter I · Preliminary

Section 2 · Definitions:

In this Act, unless the context otherwise requires, -

(1)

"Abhyudaya Pradhamika Pathasala" means a primary school under the management of the Abhyudaya Pradhamika Vidya Samstha;

(2)

"Abhyudaya Pradhamika Vidya Samstha" means the registered society referred to in sub-section (1) of Section 33 ;

(3)

"academic year" means a period of twelve months commencing on the first day of June of the year or such other period of twelve months beginning on such date as the Government may, by notification specify with respect to any educational institution or class of educational institutions ;

(4)

"adult education (including non-formal)" means the education or further education of a person of more than nine years of age who has not attended any educational institution at any time before, or as the case may be, who is a drop-out from an educational institution at any level of his studies therein ;

(5)

"Andhra Pradesh Residential Educational Institutions Society" means the registered society referred to in sub-section (2) of Section 33 ;

(6)

"approved school" means any school in any specified area within the jurisdiction of a local authority imparting [pre-primary or primary education] [Substituted by Act No. 27 of 1987, w.e.f. 1-6-1987.] which

(i)

is under the management of the Government or a local authority;

(ii)

being under any other management, is recognised as such under this Act ;

(7)

"attendance" means the presence for instruction at an approved school on such days in the academic year and at such time and for such period or periods on each day of attendance as may be prescribed ;

(8)

"attendance authority" means any person appointed to be an attendance authority under sub-section (1) of Section 10 ;

(9)

"child" means a boy or a girl within such age group, not being less than six or more than fourteen years, as the Government may, in each case, specify for the purposes of this Act, either generally or with respect to any specified area ;

(10)

"Collector" means any officer in charge of a revenue district and includes a Joint Collector, Deputy Collector, Sub-Collector and Assistant Collector ;

(11)

"College" means a [college including a Medical College established or maintained] [Substituted by Act No. 27 of 1987, w.e.f. 1-6-1987.] and administered by, or 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 ;

(12)

"competent authority" means any person, officer or authority authorised by the Government by notification to perform the functions of the competent authority under this Act for such area or for such purposes as may be specified in the notification;

(13)

"Director" means -

(i)

in relation to general education or any part thereof, the Director in charge of primary education (including pre-primary), secondary education, adult education (including non-formal), special education, intermediate education or higher education, as the case may be ;

(ii)

in relation to technical education, the Director of Technical Education ;

(14)

"district" means a revenue district ;

(15)

"District Educational Officer" means the officer appointed under sub-section (1) of Section 4 and includes a Joint Director, a Deputy Director or any other officer authorised by the Government to exercise the powers and perform the functions of a District Educational Officer ;

(16)

"education" means 1. Substituted by Act No. 27 of 1987, w.e.f. 1-6-1987.[general education, medical education], technical education, physical education, teacher education, special education, oriental education, adult education (including non-formal) and any other branch of education which the Government may, by notification, specify ;

(17)

"educational agency" means in relation to -

(a)

any minority educational institution, [any body of persons] [Substituted by Act No. 27 of 1987, w.e.f. 1-6-1987.] which has established and is administering or proposes to establish and administer such minority educational institution, and

(b)

any other private educational institution, [any body of persons] [Substituted by Act No. 27 of 1987, w.e.f. 1-6-1987.] entrusted with the establishment, management and maintenance of such private educational institution ;

(18)

"educational institution" means a recognised school, [colleges including Medical Colleges] [Substituted by Act No. 27 of 1987, w.e.f. 1-6-1987.], special institution or other institution (including an orphanage or boarding home or hostel attached to it) by whatever name called, the management of which carries on (either exclusively or among other activities) the activity of imparting education therein, and includes every premises attached thereto ; but does not include a tutorial institution ;

(19)

[ "general education" means every branch of education including special education, but does not include medical education or technical education ;] [Substituted by Act No. 27 of 1987, w.e.f. 1-6-1987.]

(20)

"Government" means the State Government of Andhra Pradesh;

(21)

"Gram Panchayat" means the body constituted for the local administration of a village under the Andhra Pradesh Gram Panchayats Act, 1964 ;

(22)

"grant" or "grant-in-aid" means any sum of money paid as aid out of State funds to any educational institution ;

(23)

"guardian" means any person to whom the care nurture or custody of any child falls by law or by natural right or recognised usage or who has accepted or assumed the care, nurture or custody of any child or to whom the care, nurture or custody of any child has been entrusted by lawful authority ;

(24)

"inspection" means the scrutiny of records, registers and checking of physical specifications as determined by the competent authority in regard to buildings, libraries, laboratories, play grounds and other allied matters and the overall appraisal of the educational institution and its functionaries in the development of the institution ;

(25)

"listed backward classes" means the backward classes declared as listed by the Government ;

(26)

"local authority" means in relation to the local area comprised within the jurisdiction of a municipal corporation, the concerned municipal corporation and in relation to any other local area in the State, the concerned Municipal Council, [Zilla Parishad, Mandal Praja Parishad] [Substituted by Act No. 27 of 1987, w.e.f. 1-6-1987.] Gram Panchayat or township having jurisdiction over such local area ;

(27)

"management" means the managing committee or the governing body, by whatever name called, of a private institution to which the affairs of the said institution are entrusted, but does not include a manager ;

(28)

"manager" means -

(i)

in relation to a Government educational or special institution, the officer or authority to whom the power of immediate control over the administration of the institution has been entrusted ;

(ii)

in relation to a local authority educational or special institution, the authority or officer of the local authority educational or special institution concerned In-charge of education ;

(iii)

in relation to a private educational or special institution, the person nominated to manage the affairs of the institution under sub-section (2) of Section 24 ;

(29)

"minority educational institution" means a private educational institution of its choice established and administered by a minority, whether based on religion or language, having the right to do so under Clause (1) of Article 30 of the Constitution of India ;

(30)

"municipal corporation" or "municipal council" means a municipal corporation constituted or deemed to have been constituted under any law relating to municipal corporation for the time being in force, or as the case may be, a municipal council constituted under the Andhra Pradesh Municipalities Act, 1965 ;

(31)

"notification" means a notification published in the Andhra Pradesh Gazette and the word 'notified' shall be construed accordingly ;

(32)

"panchayat samiti" means a panchayat samithi constituted or reconstituted under the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 ;

(32a)

[ "pre-primary education" means any education imparted prior to primary education and includes education imparted in nursery, kindergarten, montessory, anganwadi, balwadi and the like ;] [Inserted by Act No. 27 of 1987, w.e.f. 1-6-1987.]

(33)

"prescribed" means prescribed by rules made by the Government under this Act ;

(34)

"primary education" means education from Class I to Class VII ;

(35)

"private institution" means an institution imparting education or training, established and administered or maintained by any [xxx] [The words 'person or' omitted Act No. 27 of 1987, w.e.f. 1-6-1987.] body of persons, and recognised as educational institution by the Government, and includes a college, a special institution and a minority educational institution, but does not include an educational institution -

(a)

established and administered or maintained by the Central Government or the State Government or any local authority;

(b)

established and administered by any University established by law ; or

(c)

giving, providing or imparting only religious instruction, but not any other instruction ;

(36)

"residential institution" means an educational institution where pupils are resident on the premises of the institution and is affiliated to the Andhra Pradesh Residential Educational Institutions Society;

(37)

[ "secondary education" means education from Class VIII to Class X ;] [Substituted by Ibid.]

(38)

"special education" means education imparted in a special institution;

(39)

"special institution" means reformatory school, school for physically handicapped or mentally retarded or other defective pupils and includes any other type of special institution which may be notified as such by the Government ;

(40)

"specified area" means any area within the jurisdiction of a local authority in which primary education is declared by it to be compulsory under sub-section (6) of Section 9 ;

(41)

"student" means a person who is admitted to a recognised educational institution and whose name is lawfully borne on the attendance register thereof ;

(42)

"supervision" means the professional assessment of a teacher, the guidance given to him, and the level of pupils' achievement as determined by an educational officer appointed for the purpose, and includes overall academic appraisal of an educational institution;

(43)

"Teacher"means any member of the teaching staff in an educational institution appointed to give instruction in that institution ;

(44)

"Technical education" means any course of study in engineering, technology, architecture, ceramics, industrial training, mining, fine arts or in any other subject which maybe notified by the Government in this behalf ;

(45)

"to attend an approved school" means to be present for instruction at an approved school in a year for such period or periods and at such time on each day as may be fixed by the prescribed authority ;

(46)

"township" means any area declared as township under the Andhra Pradesh Gram Panchayats Act, 1964 ;

(47)

"tutorial institution" means any institution started by a person or body of persons for giving coaching or instruction to fifty or more candidates or employing five or more teachers, to prepare them to appear for an examination in any branch of education conducted by any body or authority or the Universities in the State under this Act or any other law ; and includes an institution where instruction in typewriting or other commercial subjects is given :Provided that in the case of any institution where instruction in typewriting or other commercial subjects is given, the minimum number specified above in regard to candidates or teachers shall not apply ;

(48)

"Zilla Praja Parishad" means a Zilla Parishad constituted or reconstituted under the Andhra Pradesh and [Zilla Parishads Act, 1959.] [Now A.P. Mandal Praja Parishads and Zilla Praja Parishads Act, 1986.]

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