Thursday, January 27, 2022

G.O.Ms. No.1, Education (P.S.2), 1-1-1994, Gazette R.S. to Part 1, Extraordinary dated 3-1-1994.



G.O.Ms. No.1, Education (P.S.2), 1-1-1994


 

Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools Under Private Managements) Rules, 1993

Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools Under Private Managements) Rules, 1993

Published vide Notification G.O.Ms. No.1, Education (P.S.2), 1-1-1994 Published in Andhra Pradesh Gazette R.S. to Part 1, Extraordinary dated 3-1-1994.

Order

In exercise of the powers conferred by Section 99 read with Sections 20, 21, 79, 80 and 83 of the Andhra Pradesh Education Act, 1982 (Act 1 of 1982.) and in supersession of Andhra Pradesh Educational Institutions (Establishment Recognition, Administration and Control) Rules, 1988 issued in G.O.Ms.No. 524, Education Department, dated the 20th December, 1988. the Andhra Pradesh Private Institution Employees (Disciplinary Control) Rules, 1983 issued in G.O.Ms.No.467 Education, dated the 3rd November, 1983, the Andhra Pradesh Minority Educational Institutions (Establishment, Recognition and Regulation) Rules, 1988 issued in G.O.Ms.No.526, Education, dated the 21st December, 1988 in so far as schools are concerned, the Governor of Andhra Pradesh hereby makes the following rules relating to the grant of permission for establishment of schools, up-gradation of existing schools, according of recognition to schools, administration of schools and disciplinary control of the employees of the schools under private management including minority educational institutions.

2. These rules shall come into force with immediate effect.

Rules

1. Short title, extent and commencement: - (1) These rules may be called the Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Managements) Rules, 1993.

(2) Unless otherwise specifically mentioned, these rules shall apply to all categories of schools functioning under the private managements including Minority Educational Institutions imparting the following classes of education in the State of Andhra Pradesh.

(a) Pre primary schools :- These schools are classified as Nursery, Kindergarten, Montessory and the like. They shall admit children who are in the age group of 3 to 5 years;

(b) Primary Schools: - These schools shall consist of Classes I to V:

(c) Upper Primary Schools :- These schools shall consist of Classes I to VII;

(d) Secondary Schools (High School):- These schools shall consist of classes VI to X.

The schools at (a) to (d) above impart school education;

(e) Oriental Schools:- These schools impart education in Sanskrit, Arabic and the like up to the standard equivalent to Secondary level in general education;

(f) Hindi Pathasalas:- These institutions impart education in Hindi language preparing the students to appear for Prathamika to Rashtrabhasha examinations;

(g) Sanskrit Pathasalas:- These institutions impart education in Sanskrit language to the students preparing them to appear for Sanskrit entrance examination conducted by the Board of Secondary Education and Universities;

(h) Hindi Vidyalayas:- Institutions imparting education in Hindi language up to the standard equivalent to secondary education (Matric or 10th Class) i.e., Prathamika to Praveena;

(i) Special Schools :- These are institutions imparting education solely for handicapped children/persons and imparting instruction not above the Class X level.

2. Definitions: - (1) In these rules, unless the context otherwise requires:

(a) "Act" means the Andhra Pradesh Education Act, 1982 (Act 1 of 1982);

(b) "Educational agency" means the Society/Trust/Association including Endowment Board/Wakf Board and Christian Mission (Church/Diocess or congregation) and the like, sponsoring/managing/running the schools;

(c) "Form" means the form as appended to these rules;

(d) "Locality" means the area covered by a village with a population of two hundred or above in respect of rural areas, a ward in respect of Municipal areas;

[(e) Competent Authority means the authorities specified in Rule 3 for deferent purposes mentioned therein, it includes the authority who is vested with the powers of granting permission or recognition or both to schools.]

(f) "Minority Educational Institution" means any educational agency of which at least 2/3rd members belong to a religious/linguistic minority [and which has obtained minority status certificate from the Government];

(g) "School" means all the categories of educational institutions mentioned under sub-rule (2) of rule 1;

(h) "Tribal locality" means the localities notified as agency areas by the Government.

(2) Words and expressions used in these rules but not defined herein shall carry the same meaning as are assigned to them in the Act.

[3. Competent Authorities: - For the purpose of the rules, the following shall be the competent authorities]

4. Criteria for Establishment of Schools: - [(1) Permission for establishment of new schools or up-gradation of existing school, may be accorded keeping in view of the educational needs of the localities taking into consideration the population of the school going children in the locality.

Explanation: For the purpose of this rule, the locality shall be as follows:

(i) for pre-primary/primary schools, the village or an area having a population of 200 and above; and a radius of 1 km from the proposed location.

(ii) for upper-primary school, the village or an area having a population of 200 and above; and a radius of 2 km from such village/Habitation. In urban areas, it shall be 2 kms from the proposed location.

(iii) for High School, the village or an area having a population of 200 and above and a radius of 5 kms from such village/area. In urban areas, it shall be 5 kms from the proposed location.]

(2) In respect of applications from minority educational institutions, the same shall be considered from the view point of minorities and notwithstanding the lack of need on a general basis.

5. Requirements for Establishing of a New School or Up-gradation of the Existing School:- Every educational agency desirous of opening a school or upgrading the existing school shall -

(1) deposit by way of national saving certificate or Kisan Vikas Patra and pledge with the District Educational Officer concerned towards endowment fund as follows:

(i) Pre-Primary School, Primary School, Upper Primary School, Oriental School, Hindi Pathasalas, Sanskrit Pathasalas, Hindi Vidyalayas, Special Schools..Rs. 25,000/

(ii) Secondary Schools...Rs. 50,000/-

This Endowment fund may be utilized after obtaining prior permission of the competent authority for the purpose of purchase of furniture, material and equipment required for the school;

(2) have a provision of adequate accommodation for the smooth conduct of classes. This shall be approximately 6-8 Sq.ft. per pupil, and the area shall be calculated section wise;

(3) have adequate accommodation for staff in respect of upper primary schools and high schools;

(4) have adequate accommodation for laboratory, library and Computer room in respect of high schools;

(5) have separate and adequate sanitary facilities, for students and staff and for men and women;

(6) Provide adequate safe drinking water facilities to the students and staff;

[(7) The Primary, Upper Primary and Secondary schools in rural and urban areas (Municipal Corporation limits and Municipal limits) shall have minimum play ground facility of 2000 Sq.m. and 1000 Sq.m. respectively annexed to the school].

(8) provide grills to the balconies in case of high rise buildings;

(9) provide suggestions boxes in prominent places in the school premises;

(10) compulsorily provide fire extinguishers and fire fighting equipment as prescribed in the National Building Code of India part IV fire Protection, 1997 and approved by Fire Service Department of the State;

(11) maintain first aid kits in sufficient numbers in the school premises;

(12) follow the rules and regulations prescribed in Cir. Memo. No. 21748/D1/97, dated 16-2-1998 and other orders of Transport Authority regarding parking of school vehicles/maintenance of vehicles and ensure safety of children, and shall obtain fitness of the school vehicles from the Transport Authorities as prescribed by the Government from time to time;

(13) the cost of providing zebra crossings at the roads crossing near the schools, which are located in Municipal Corporation/Towns shall be met by the School Managements;

(14) have adequate personal to guide the movement of the children to ensure road safety and transportation;

(15) produce sanitary certificate from the authorities concerned;

(16) produce structural soundness certificate of the school building premises and produce occupancy certificate from the authorities concerned;

(17) any Educational agency intending to seek permission for opening of new school or up gradation of existing school shall produce No Objection Certificate from the Police Department (traffic) and as well as concerned Municipal Corporation or the Municipality in respect of all Municipalities/Municipal Corporation Areas. In respect of villages the no objection certificate shall be obtained from the Local Gram Panchayat and no objection certificate from Police is not necessary.

10. Conditions governing Permission/Recognition: - In addition to specific conditions that may be prescribed in individual cases, every permission/recognition granted to the schools under these rules shall be subject to the following conditions;

(1) that all the conditions prescribed under these rules shall be followed.

(2) that the school shall invariably provide for teaching of Telugu as first/second language;

(3) that the school shall follow the syllabus and text books as prescribed by the Government. This shall, however, not be applicable in respect of schools affiliated to Boards of Examinations other than the State Board, in which case, they would follow the requirements of the concerned Board;

(4) that the instructions issued by the competent authority in respect of curriculum, work books etc., shall be implemented;

(5) that the management of the schools shall be in consonance with the aims and objectives of the educational agency;

(6) that the admissions into various classes shall be made as per the rules of reservation prescribed and by following the procedure prescribed by the Government from time to time;

(7) that no student shall be denied admission on the ground of religion, caste, race or language. This shall, however, not prevent the Minority Educational Institutions from preferring the students of the concerned community;


(8) that the Name Board of the school, the Transfer Certificate issued by the School, the applications prescribed for admission of students and the advertisements calling for the applications shall invariably contain the recognition number given. Vide [Rule 8 and 9] above;

(9) that promotion from one class to the next higher class shall be made in accordance with the rules in force;

(10) that the National Policy of Education, 1986 envisages exclusion of corporal punishments to children in Schools. Therefore, the educational agency and the Headmaster/Principal of the School shall ensure that the students are not subject to corporal punishments of any nature under any circumstances and the staff enforcing such punishments against the students shall be subject to suitable disciplinary action;

(11) that the educational agency shall not collect fee or donations either in cash or in kind other than the fee prescribed by the Governing Body from pupils or parents or any other persons on their behalf, for any purpose whatsoever;

(12) that the Teacher pupil ratio in respect of the pre/primary Schools shall not exceed 1:20 and in respect of all other Schools, the ratio shall not exceed 1:40.

(13) that the educational agency shall not appoint any candidate as a Teacher whose certificate has been suspended or who has been convicted for offences involving moral turpitude or who has crossed the prescribed age limits or superannuated persons;

(14) that the educational agency shall reinstate the teaching or non-teaching staff on receipt of orders from the appropriate authority, as per the Act, for such reinstatement:

(15) that the educational agency shall adopt Teachers' Provident Fund Scheme or any other Scheme meant for the benefit of its employees as prescribed by the Government from time to time:

(16) that the educational agency shall obtain permission from the competent authority for closure of any Class/Section with one year notice, but shall not close down in the middle of the academic year;

(17) that when private aided Schools are forced to be closed down for any reason or whenever the management of the School goes out of the way to remove any of its staff members or whenever there is fall in strength in a private aided School for two subsequent academic years, the Competent Authority may transfer the staff along with the posts to any other needy private aided [x x x] School within the district;

(18) that the educational agency shall maintain all the records and registers indicated as prescribed by the competent authorities and they shall be made available to the concerned inspecting officers for inspection/surprise checks;

(19) that the Department reserves the right to introduce Panel Inspection System for any institution and its recommendations shall be binding on the Managements to take necessary corrective measures. Any institution that continues to get less than 20% pass for 3 years consecutively in the public examinations shall be liable for being closed;

(20) that girls' institution shall not be allowed to be converted into a co-educational or boys' institution;

(21) that under no circumstances shall the Oriental Schools, Hindi Pathasalas and Hindi Vidyalayas functioning under the Private Educational Agencies shall be allowed to be converted into other categories of educational institutions;

(22) that the institutions are permitted to be established (or upgraded) to meet the educational needs of the respective localities, shifting of the institutions from the locality to another will not be permitted under ordinary circumstances, as a matter of routine. However, shifting of the institution from one building to another within the same locality or within the same town/municipal limits, may be permitted when the intention is to provide better accommodation or shifting into own building is proposed. Prior permission of the Competent Authority is required for any such shifting;

(23) that the educational agency for which permission to establish an institution has been accorded shall not transfer the institution to any other educational agency;

(24) that any institution which has been closed down without prior permission of the competent authority or any institution which has been closed down with the prior permission of the competent authority and has remained so for more five years, shall be treated as defunct institution. If the defunct institution is proposed to be reopened, it should be treated as a fresh proposal and all the conditions prescribed for establishing the new institution shall be applicable to it;

(25) that the educational agency shall not carry on or encourage any propaganda or practice wounding the religious feelings of any class of citizens of India or insulting the religion or the religious beliefs of that class or indulge in any act that undermines national integrity and insult to national anthem and national flag;

(26) that the educational agency shall not force the staff or students of the institutions to take part in the religious discourses and preaching of religion irrespective of whether they belong to the same belief or not;

(27) that the educational agency shall not refuse to co-operate with the departmental authorities in constituting the institutions as centres for conducting the common public examinations like VII, X classes and also other departmental examinations;

(28) that no institution shall run in a shift system without the explicit permission from the Competent Authority. All institutions shall follow the timings as laid down by the Competent Authority;

(29) that the educational agency will be held personally responsible for the regular repairs and upkeep of the school buildings and proper maintenance of sanitory conditions and are liable for inspection by the authorities of Education Department, Health Department, and Public Works Department;

(30) that the premises of the institution or building or play ground or vacant site belonging to the institution shall be used only for the purpose of conducting the institutional activities or for conducting authorised examinations or for any other purposes specifically permitted by the District Educational Officer;

(31) that the educational agency shall not permit the students of any college of education, college of physical education, teachers training institution, etc., to have teaching practice without obtaining prior written permission from the District Educational Officer;

(32) that the educational agency shall carry out all the instructions issued by the Government and other competent departmental authorities relating to making of admission of students, appointment of staff and also relating to other academic and administrative affairs, in the interest of academic standards and smooth functioning of the institutions, from time to time.

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