The Andhra Pradesh School Education Regulatory and Monitoring Commission Act, 2019.
**THE ANDHRA PRADESH SCHOOL EDUCATION REGULATORY AND**
**MONITORING COMMISSION ACT, 2019**

**(ACT No. 21 OF 2019)**

**[Last Updated on 26[th] May 2023]**

**ARRANGEMENT OF SECTIONS**

**CHAPTER - I**
**PRELIMINARY**

**Sections**

1. Short title, extent, commencement and application

2. Definitions

**CHAPTER - II**
**ESTABLISHMENT OF THE COMMISSION**

3. Establishment of the Commission

4. Composition of the Commission

5. Selection of the members of the Commission

6. Vacancy filled by the Government

7. Resignation and Removal of members

8. Appointment of officers and other employees of the commission

**CHAPTER - III**
**POWERS AND FUNCTIONS**

9. Powers and functions of the Commission

10. Penalties

11. Procedure and Powers of the Commission

**CHAPTER - IV**
**FINANCE, ACCOUNTS AND AUDIT**

12. Payment to the Commission

13. Fund of the Commission

14. Budget

15. Accounts and Audit of the Commission

16. Annual Report

**CHAPTER - V**
**MISCELLANEOUS**

17. Chairperson and members, officers, and employees of the commission
to be public servants

18. Protection of action taken in good faith

19. Power of State Government to issue directions

20. Power to remove difficulties

21. Power to make regulations

22. Power to make rules


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**THE ANDHRA PRADESH SCHOOL EDUCATION REGULATORY AND**
**MONITORING COMMISSION ACT, 2019**

**(ACT No. 21 OF 2019)**

[16[th] August, 2019]

**AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE ANDHRA**
**PRADESH** **SCHOOL** **EDUCATION** **REGULATORY** **AND** **MONITORING**
**COMMISSION TO MAINTAIN STANDARDS OF EDUCATION, REGULATION OF**
**FEE,** **COMPETENCES** **OF** **TEACHERS,** **EFFECTIVE**
**INSPECTION/MONITORING OF SCHOOLS, AND IMPLEMENTATION OF**
**PROVISIONS OF RIGHT TO EDUCATION ACT, 2009, PUBLIC SPIRITEDNESS,**
**EQUITY, EXCELLENCE, FINANCIAL STABILITY AND PROBITY ALONG WITH**
**GOOD GOVERNANCE IN LINE WITH THE NATIONAL POLICY ON EDUCATION**
**AND RIGHT TO EDUCATION ACT 2009 AND FOR MATTERS CONNECTED**
**THEREWITH OR INCIDENTAL THERETO.**

Whereas, the Government of Andhra Pradesh is committed to educating
and nurturing all students by providing better access, promoting enrolment and
retention with emphasis on equity, quality and school infrastructure;

And whereas, Andhra Pradesh is making strides towards overall growth
and sustainable development, Education provides the surest instrument for
attaining these goals;

And whereas, as per unified data on School Education (U-DISE) 2018-19,
Andhra Pradesh has 62,063 Schools covering 13 districts that include Primary
Schools, Upper Primary Schools and High Schools. The total students enrolment
from Primary to High School is 70,41,568. The total Teachers strength is
2,87,423. There are 778 Teacher Education Institutions managed and regulated
by School Education Department, including Government and Private;

And whereas, in the context of fast changes in the education System,
there is a need for change in the academic requirements, teaching methods,
supervision, curricula, courses of study, system of examination, teacher training,
school organization and teacher competences. This situation naturally calls for
revised and continually rising standards in these key areas of School Educational
Administration. The existing rules are not comprehensive enough to deal with
aforesaid significant developments and have also proved ineffective in actual
implementation. It has, therefore, become necessary to confer by law adequate
powers on the concerned authorities to deal with the changed situation;

And whereas, the Government of India enacted Right of Children to Free
and Compulsory Education Act, 2009;

Now, therefore, in this regard, the Andhra Pradesh Government endeavors
to establish a regulatory mechanism to maintain standards of school education,
regulation of fee, competences of teachers, information disclosure, effective
inspection /monitoring of schools, implementation of the provisions of Right to
Education Act, punitive measures on defaulting schools etc. A Regulatory
Commission established for this purpose will develop effective and responsive
regulation ensuring maintenance of standards of education, regulation of fee in
private institutions, implementation of provisions of Right to Education Act,
2009, public spiritedness, equity, excellence, financial stability and probity along
with good governance in line with the National Policy on Education and Right to
Education Act, 2009 (Central Act No.35 of 2009).

Be it enacted by the Legislature of the State of Andhra Pradesh in the


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Seventieth Year of the Republic of India, as follows:
**CHAPTER 1**
**PRELIMINARY**

**1. Short title, extent, commencement and application - (1) This Act may be**
called the Andhra Pradesh School Education Regulatory and Monitoring
Commission Act, 2019.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall come into force on such date as the Government may, by
notification in the Andhra Pradesh Gazette, appoint.

(4) It shall apply to all the Pre-Primary, Primary, Upper Primary,
Secondary Education [1][Intermediate Education] and Teacher Education Institutes
in the State of Andhra Pradesh.

**2.** **Definitions - In the Act, unless the context otherwise requires, -**

(1) “aided school” means a School, [2][Junior College,] Teacher Education
Institution established and run by the private individuals /societies, with the
aid/financial support from Government.

(2) “appropriate authority” means authority designated by government for
a particular purpose as per the existing rules.

(3) “Board” means Board of Secondary Education AP, 3[Board of
Intermediate Education, Andhra Pradesh,] Central Board of Secondary
Education, Council of Indian School Certification, any other Indian or
Internat0ional Board of examinations or any other board which Government may
specify.

(4) “commission” means the Andhra Pradesh School Education
Regulatory and Monitoring Commission established under section 3 of this Act;

(5) 4[“Educational Institution” means any institution imparting education
in Pre Primary, Primary, Upper Primary, Secondary Level, intermediate and
Teacher Education including Tutorial Institutions as defined in clause (47) of
section 2 of the Andhra Pradesh Education Act,1982( Act 1 of 1982).]

(6) “fees,” means the total amount collected by the school from the
student(s) / their parent(s) / their guardian(s)/ any person paying on behalf of
the student. This to reflect the total burden on the parents and is the total of
tuition fee and all other charges paid to or collected by the school;

(7) “ government” means the Government of Andhra Pradesh;

(8) “member” means a member of the Commission including the ViceChairperson;

(9) “prescribed” means prescribed by rules made under this Act;
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1.Inserted by the Act No.14 of 2020.S.2
2.Inserted by the Act No.14 of 2020.S.3
3.Inserted by the Act No.14 of 2020.S.3
4.Inserted by the Act No.14 of 2020.S.3


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(10) “private school” means a School, [5][Junior College,] Teacher Education
Institution established and run by the private individuals / societies governed /
affiliated to State / Central / other boards;

(11) “regulations” means regulation made by the Commission under
section 21 of this Act;

(12) “Regulatory body” means any State or Central Regulatory Body set up
for the purpose;

(13) “School Education” means study of a curriculum or course for the
pursuit of knowledge from pre primary, class I to X, 6[intermediate (XI & XII),]
and Teacher Education;

(14) “student” means person enrolled in the Educational Institution,
including teacher education for pursuing a course of study from Pre Primary,
Class I to X, [7][intermediate (XI & XII)], Teacher Education;

(15) "Teacher", means Headmaster, School Assistant, Secondary Grade
Teacher, Physical Education Teacher, pre primary teacher, teacher education
faculty, 8[Junior Lecturer, Principal of Junior Colleges] or any other person
required to impart education or to guide research or render guidance in any other
form to the students for pursuing a course of study in such educational
institutions, including teacher education institutions.
**CHAPTER - II**
**ESTABLISHMENT OF THE COMMISSION**

**3. Establishment of Commission -(1) With effect from such date as the State**
Government may, by notification in the Official Gazette, appoint, there shall be
established a Commission by the name of the Andhra Pradesh School Education
Regulatory and Monitoring Commission;

(2) The Commission shall be a body corporate having perpetual
succession and a common seal and shall sue and be sued by the said name;

(3) The headquarters of the Commission shall be at such a place as may
be notified by the State Government.

**4. Composition of the Commission - (1) The Commission shall consist of, -**

(a) A Chairperson who is a Retired Judge of the High Court;

(b) A Vice Chairperson who is an eminent academician of National
repute as prescribed under the rules.

(c) One Member who is an eminent Chartered Accountant or a person
with over 20 years of experience in the field of Public Finance;

(d) Five Members who are eminent Academicians of National repute in
school education & teacher education;

(e) Two Administrative Members who have extensive experience in
administrative matters preferably a person belonging to the Indian
Administrative Service, or equivalent cadres, either working or

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5.Inserted by the Act No.14 of 2020.S.3
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6.Inserted by the Act No.14 of 2020.S.3
7.Inserted by the Act No.14 of 2020.S.3
8.Substituted by the Act No.14 of 2020.S.3

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retired;

(f) 9[One senior officer from Intermediate Education in the cadre of
Commissioner/Additional Director and Secretary as ex-officio
member.]

(g) One representative from one of the good School Education
Institution in the State

Such members must be of unimpeachable integrity and of
undoubted eminence in their fields;

(h) There shall be a Secretary who shall be the Chief Executive Officer of
the Commission who shall be appointed by the State Government in consultation
with the Commission on such terms and conditions, as may be prescribed from
time to time;

(i) The Chairperson and members of the Commission shall be appointed
by the State Government, for a period of five years or until he or she attains the
age of 70 years, whichever is earlier:

Provided that after the expiry of the term of the office, the Chairperson or
the member, as the case may be, shall be ineligible for further employment or
any assignment in any of the School or Higher Educational Institutions within
Andhra Pradesh or their associate offices or companies within or outside Andhra
Pradesh.

**5. Selection of the members of the Commission - (1) The Chairperson shall be**
appointed by the Government in consultation with the Chief Justice of High
Court, Andhra Pradesh.

(2) Members of the Commission shall be appointed by a Search-cumSelection Committee consisting of, 
(i) the Chief Secretary of the Government of Andhra Pradesh Chairperson ex officio; and

(ii) four experts of repute who have special knowledge of, and
professional experience in, school education & teacher education
and related research, belonging to Institutes of National
Importance, not holding any office of profit under the Government
of Andhra Pradesh to be nominated as members by the State
Government.

(3) The terms of reference for the Search-cum-Selection Committee and
the manner of selection of panel of names shall be such as may be prescribed.

**6. Vacancy filled by the Government - In the event of the occurrence of a**
vacancy in the office of the Chairperson by reason of his resignation, death or
otherwise, the State Government shall appoint the Chairperson immediately in
accordance with the provision of this Act and till such time the Vice Chairperson
shall officiate as the Chairperson of the Commission.

**7. Resignation and Removal of members - (1) Any member, by notice, in**
writing, addressed to the government may resign from office.

(2) No member shall be removed from office without giving such member
an opportunity to defend himself.
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9. Substituted by the Act No.14 of 2020.S.4

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(3) The State Government may, by order, remove from office, any member,
in public interest.

**8. Appointment of officers and other employees of the commission -**

(1) To efficiently discharge its functions under this Act, the Commission
shall engage such number of officers and other employees as it may consider
necessary, subject to such regulations as may be made in this regard;

(2) The terms and conditions of service of the officers and employees of
the Commission shall be such as may be prescribed.

**CHAPTER - III**
**POWERS AND FUNCTIONS**

**9. Powers and functions of the commission - The Commission shall take all**
such steps as necessary for ensuring coordinated and integrated development of
School Education and maintain high standards and for the purposes of
performing its functions under this Act. The Commission may,
(i) shall ensure that standards of infrastructure, admission, teaching,
teacher education, student assessments, examinations, research,
and qualification of teachers are being maintained by the School
Educational Institutions in accordance with the guidelines issued
by the Central or the State Government from time to time;

(ii) the Commission shall have the power to monitor and regulate Fee
across all Private Schools in the State duly developing parameters of
fee structure and grading of schools, irrespective of their Board of
Affiliation (or Curriculum) including but not limited to CBSE, ICSE,
IB, IGCSE and / or any other in Private Schools, and private
teacher education institutions in School Education. However, this
shall not apply to any of the school education institutions managed
by the Government of India Agency or Department.

(iii) the Commission shall lay framework of guidelines regarding the
service conditions of teachers in Private (Aided and Un-Aided)
School Educational Institutions and Private (Aided and Un-Aided)
Teacher Education Institutions.

(iv) The Commission shall monitor the implementation of the provision
of 12.1.c of the Right to Education Act, 2009, where by 25% of
reservation of seats in Class I in Private Un-Aided Schools for disadvantaged groups and weaker sections by developing suitable
guidelines.

(v) The Commission shall also have the responsibility for setting up the
framework under which an independent Accreditation Agency/s
shall carry out the task of accrediting school educational
institutions, including Teacher Education Institutions.

(vi) Whenever required, the Commission may hold public consultations
with various stakeholders, including Private Education Institutions
Management Associations, from time to time.

(vii) The Commission shall ensure redressal of grievances of students
and parents in a time bound manner;

(viii) The Commission shall advise, when called upon to do so by the
State Government, as the case may be, on policies relating to school
education, teacher education and research in any field of knowledge


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therein; cause to be undertaken policy research in school education
and teacher education to identify future direction and processes in
school education.

(ix) The Commission shall ensure that all School Education
Institutions, including Teacher Education Institutions, comply with
guidelines of information disclosure to supervise, monitor and
evaluate their performance.

(x) Wherever required, the findings of the Regulatory Commission shall
be communicated to appropriate authority for necessary action as
per the provisions of law / Rules;

(xi) If any School Education Institution/s, including Teacher Education
Institutions fails, within a reasonable time, to comply with any
directions made by the Commission, the Commission after taking
into consideration the reasons/cause, if any, shall initiate action in
accordance with the provisions of this Act.

(xii) In case of successive violations of any provision of this Act, rules
and regulations made there under, the Commission shall direct the
appropriate authority to withdraw the affiliation or recognition of
such institution/s.

**10. Penalties -(1) The Commission may, for the contravention of any provision of**
this Act or other relevant Acts / Rules or Regulations recommend the appropriate
authority for imposing penalties made there under, or by directions impose
appropriate penalty.

(2)In case of grave violations, the Commission shall direct the
appropriate authority to withdraw the affiliation or recognition of such
institution/s.

(3) The penalty imposed under sub- section (1) shall be recoverable
from the endowment fund or any other Fund or as an arrear of land revenue from
the School Education Institution/s, including Teacher Education Institutions
concerned.

**11. Procedure and Powers of the Commission - (1) The Commission shall, for**
the purposes of any inquiry or proceedings under this Act, have the same powers
as are vested in a civil court under the Code of Civil Procedure, 1908 [Central Act
No.5 of 1908] in respect of the following matters, namely:
(i) Summoning and enforcing the attendance of any person and
examining him on oath;
(ii) discovery and production of any document or other material object
producible as evidence;
(iii) receiving evidence on affidavits;
(iv) requisitioning of any public record;
(v) issuing commission for the examination of witnesses;
(vi) reviewing its decisions, directions and orders;
(vii) any other matters which may be prescribed;

(2) The Commission shall have the powers to pass such interim order/s in
any proceeding, hearing or matter as the Commission may consider appropriate.

(3) The Commission may authorize any person, as it deems fit, to
represent the interest of the students and parents in the proceedings before it.

(4) All disputes under this Act shall be decided summarily in accordance
with the provisions of Order XXXVII of the Code of Civil Procedure, 1908.

(5) Notwithstanding anything contained in this Act, the School Education


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Institution, including Teacher Education Institution shall be bound to comply
with all the orders passed, rules, regulations, norms, etc., of the Regulating
Bodies and provide all such facilities and assistance to such Bodies as are
required by them to discharge their duties and carry out their functions.

**CHAPTER - IV**
**FINANCE, ACCOUNTS AND AUDIT**

**12. Payment to the Commission - The State Government may, after due**
appropriation made by the State Legislature by law in this behalf, pay to the
Commission in each financial year such sums as may be considered necessary
for the performance of functions of the Commission under this Act.

**13. Fund of the Commission - (1) The Commission shall have its own Fund;**
and all sums which may from time to time be paid to it by the State Government
and all the receipts of the Commission shall be credited to the Fund and all
payments by the Commission shall be made there from.

(2) The Commission may spend such sums as it thinks fit for performing its
functions under this Act, and such sums shall be treated as expenditure payable
out of the Fund of the Commission.

**14. Budget - The Commission shall prepare, in such form and at such time**
each year as may be prescribed, a budget in respect of the financial year next
ensuing showing the estimated receipts and expenditure, and copies thereof shall
be forwarded to the State Government.

**15. Accounts and Audit of the Commission - (1) The Commission shall**
maintain its accounts in such form and in such manner as may be prescribed.

(2) The accounts of the Commission shall be audited annually by the
Comptroller and Auditor General of India.

(3) The annual accounts of the Commission together with the audit report
thereon shall be forwarded to the State Government, the Government shall cause
the same to be laid before the State Legislature and shall also forward a copy of
the audit report to the Commission for taking suitable action on the matter
arising out of the audit report.

**16. Annual Report - (1) The Commission shall, as soon as, may be, after the**
end of each financial year, prepare and submit to the State Government, before
such date and in such form as may be prescribed, a report giving an account of
its activities during the previous year and the State Government, shall cause
every such report to be laid before the Legislature of the State as soon as may be,
after its receipt.

(2) The Commission shall send a copy of the audited annual accounts of
the Commission to the State Government every year, and the State Government
shall cause such accounts to be laid before the Legislature of the State.

**CHAPTER - V**
**MISCELLANEOUS**

**17. Chairperson and members, officers and employees of the commission**
**to be public servants - Chair-person and all the Members of commission**
established under this Act, and all officers and other employees of the
Commission when acting or purporting to act in pursuance of any provisions of
this Act, or regulations made or orders or directions issued thereunder shall be
deemed to be public servants with the meaning of section 21 of the Indian Penal
Code, 1860 [Central Act No.45 of 1860].

**18. Protection of action taken in good faith - No suit, prosecution, or other**
legal proceedings shall lie against the commission, or chairperson or any
member, officer, employee in respect of anything done or intended to be done in


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good faith, or any contract of any kind entered into by the commission in good
faith in pursuance of this Act, or the regulations made, or orders or directions
issued thereunder.

**19. Power of State Government to issue directions -** (1) The State
Government shall be empowered to seek a review of any of the decisions of the
Commission, for reasons to be recorded in writing.

(2) The State Government can revise and modify the order of the
Commission through speaking order in public interest.

**20. Power to remove difficulties - (1) If any difficulty arises in giving effect to**
the provisions of this Act, the State Government may, by order published in the
Official Gazette, make such provisions, not inconsistent with the provisions of
this Act, as appear to it to be necessary for the purpose of removing the difficulty:

Provided that no such order shall be made after the expiry of three years
from the commencement of this Act.

(2) Every order made under this Section shall be laid, as soon as it is
made before the State Legislature.

**21. Power to make regulations - (1) The Commission may, make regulations to**
carry out the provisions of this Act with prior approval of the Government.

(2) Every Regulation made under this Section shall be laid, as soon as it is
made before the State Legislature.

**22. Power to make rules - (1) The State Government may, by notification**
publish in the Official Gazette, make rules in consultation with the Commission
for carrying out the provisions of this Act.

(2) Without prejudice to the generality of the foregoing powers, such rules
may provide for all or any of the following matters, namely: 
(a) procedure to follow by the members in the discharge of their
functions;

(b) the inspection of School Education Institutions;

(c) the form and manner in which the accounts shall be maintained
by the Commission under Section 15 of this Act;

(d) such other matters as may be required for proper functioning of
the Commission.

(3) Every rule made under this Act shall, immediately after it is made, be
laid before the Legislature of the State, if it is in session and if it is not in session,
in the next 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 Legislature of the State 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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