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Section 71

APE Act

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Chapter IPreliminary

1Short title, extent, application and commencement:
2Definitions:

Chapter IIAdministrative Machinery, Board of Secondary Education and State Board of Technical Education and Training

3Director and other officers:
4District Educational Officers and other subordinate officers and staff at the district level:
5Constitution of Boards:
6State Board of Technical Education and Training:

Chapter IIISchool Education

7School Education:
8[ Establishment, maintenance, etc., of schools by local authorities: - (1) Every Municipal Corporation or Municipal Council shall make a provision for education up to the end of the secondary education stage in the area within its jurisdiction for all children in the prescribed age group ordinarily resident therein and shall undertake the management of pre-primary, primary and secondary education schools taken over by the Government and entrusted to it

Chapter IVPrimary Education and Its Implementation

9Schemes for primary education:
10Attendance authorities and their powers and functions:
11Responsibility of guardian to cause his child to attend school:
12Reasonable cause for non-attendance:
13Attendance orders:
14Children not to be employed so as to prevent them from attending to school:
15Primary education to be free:
16Age of child how to be computed:

Chapter VExaminations

17Examinations:

Chapter VIEstablishment of Educational Institutions, Their Administration and Control

18Government to provide facilities for imparting education:
19Classification of educational institutions:
20[ Permission for establishment of educational institutions: - (1) The competent authority shall, from time to time, conduct a survey as to identify the educational needs of the locality under its jurisdiction, and notify in the prescribed manner through the local newspapers calling for applications from the educational agencies desirous of establishing educational institutions
20A[ Prohibition of individual to establish institutions: - On and from the commencement of the Andhra Pradesh Education (Amendment) Act, 1987 no individual shall establish a private institution:
21Grant or withdrawal of recognition of institutions imparting education:
21A[ Prohibition of affiliation with Universities outside the State: - (1) No institution imparting education and located in this State shall affiliate itself to any University outside the State of Andhra Pradesh
22Special provisions in respect of existing institutions:
23Duties of manager of local authority institution:
24Appointment and removal of manager of private institution:
25Duties of manager of private institution:
26Private institution not to be closed down, etc., without sufficient notice:
27Manager to hand over properties, records etc., to competent authority on closure, etc., of [private institution other than a registered school] [Substituted by Act No. 27 of 1987, w.e.f. 1-6-1987.]:
28Restriction on alienation of property of private institution:
29Liability of manager to repay debts incurred in certain cases:
30Parent-teacher association:
31Inspection of educational institutions:
32Registration of tutorial institutions:
33Abhyudaya Pradhamika Vidya Samstha and Residential Educational Institutions Society:
33ADefinition:
33BPermission for establishment of registered schools:

Chapter VIIEducation Funds of Local Authorities

34Definitions:
35Education Fund of Local Authority:
36Education fund where to be deposited and how to be drawn upon:
37Levy of taxes:
38Rate of levy of taxes under Section 37:
39Assessment and realisation of taxes:
40Budget of Education Fund:
41Audit of accounts of Education Fund:

Chapter VIIIGrant-in-Aid

42Government to set apart sum for giving grant-in-aid to certain recognised institutions:
43Authorities which may sanction grant:
44Section 44
45Application for sanction of grant and the conditions to be fulfilled on such sanction:
46Power of Government to withhold, reduce or withdraw grant:
47Utilisation of funds and movable property of private institution:

Chapter IXAccounts, Audit, Inspection and Returns

48Accounts:
49Annual audit of accounts:
50Inspection or Inquiry:
51Furnishing of returns, etc.:

Chapter XProhibition of Transfer of Properties by Aided Educational Institutions

52Definitions:
53Prohibition of transfer of lands and buildings by educational institutions without the permission from Government in certain cases:
54Consequence of breach of provisions of Section 53:
55Effect of orders under Sections 53(2) and 54:
56Land or building to vest in Government absolutely on possession being taken:
57Recovery of sums due under this Chapter:
58Court not to attach, sell, etc., in the absence of permission of the Government:

Chapter XITaking Over of Management, Requisitioning and Acquisition of Educational Institutions

59Definitions:
60Taking over of management of educational institutions in public interest:
61Power to terminate contracts of employment:
62Contracts etc., made in bad faith may be cancelled or varied:
63Avoidance of voluntary transfers:
64Requisitioning of an educational institution:
65Summary power for taking possession of property:
66Release from requisitioning and discharge of liability of the Government:
67Acquisition of property:
68Principles and methods of determining amount for property requisitioned or acquired:
69Payment of amount for property requisitioned or acquired:
70Appeal from the award of the Arbitrator under Section 68 in respect of amount:
71Arbitrator to have certain powers of Civil Court:
72Powers of entry and inspection and calling for information:
73Provisions for existing staff of Educational Institutions:
74Posts of employees of educational institutions vested under this Chapter to be treated as a unit for certain purposes:

Chapter XIITransfer of Control and Management of Certain Schools

75Powers of Government to take over control and management of schools, belonging to local authority:
76Transfer of control and management of schools to Zilla Parishads:
77Transfer of control and management of schools to Abhyudaya Pradhamika Vidya Samstha:

Chapter XIIIConstitution of Educational Service

78Constitution of Educational Service:
78A[ Age of superannuation of the staff in aided private educational institutions: - (1) Every teacher or member of the non-teaching staff employed in any aided, private educational institution, not belonging to last grade service, shall retire from service on the afternoon of the last day of the month in which he attains the age of fifty eight years :
78BPension to the employees of aided private, Junior and Degree Colleges:
78C[ "Special representation in.appointment to the posts: The rule of special representation (Reservation) in favour of Scheduled Castes, Scheduled Tribes and Backward Classes shall be applicable for appointments to the posts in Private Educational Institutions:
78DAbatement of claims of appointments in Private Educational Institutions:

Chapter XIVPayment of Salaries and allowances to and Disciplinary action against Employees of Private Institutions

79Dismissal, removal or reduction in rank or suspension, etc., of employees of private institutions:
80Appeal against orders of punishment imposed on employees of private institutions:
81Appeal to Government:
82Special provisions regarding appeal in certain past disciplinary cases:
83Retrenchment of employees:
84Pay and allowances of employees of private institutions to be paid in the prescribed manner:
84A[ Penalties for contravention of this Chapter: - If the management or manager contravenes, or attempts to contravene, any of the provisions of this Chapter or any rule or order made thereunder, it or he shall be punished with imprisonment for a term which may extend to one year and with fine which may extend to five thousand rupees and in the case of continuing contravention, with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees, in addition to withdrawal of recognition of the institution] [Inserted by Act No. 27 of 1987, w.e.f. 1-6-1987.]

Chapter XVWelfare and code of Conduct and Rules of Conduct of the Employees of Educational Institutions

85Welfare of employees and their code of conduct:
86Conduct rules:

Chapter XVIPenalties and Procedure

87Penalties for contravention:
88Offence by companies:

Chapter XVIIMiscellaneous

89Appeals:
90Power of revision by the Government:
91Review:
92Powers of Government to give directions:
93Delegation of powers of Government:
94Emergency powers of Director:
95Power to enter and inspect:
96Penalty for obstructing officer or other person exercising powers under this Act:
97Protection of acts done in good faith:
98Managers, employees etc., to be public servants:
99Power of Government to make rules:
100Exemption:
101Repeals:
102Power to remove difficulties:

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APE Act 71Chapter XI · Taking Over of Management, Requisitioning and Acquisition of Educational Institutions

Section 71 · Arbitrator to have certain powers of Civil Court:

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The arbitrator appointed under this Chapter, while holding arbitration proceedings under this Act, shall have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely, -

(a)

summoning and enforcing the attendance of any person and examining him on oath ;

(b)

requiring the discovery and production of any document ;

(c)

reception of evidence or affidavits ;

(d)

requisitioning any public record from any Court or office ;

(e)

issuing commissions for examination of witnesses.

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