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Section 10: Authentication of orders and other instruments of the Commissionerate

The Andhra Pradesh Commissionerate of Higher Education Act, 1986.State Act of Andhra Pradesh · Act 26 of 1986

All orders and decisions of the Commissionerate shall be authenticated by the signature of the Chairman or any other member authorised by the Commissionerate in this behalf, and all other instruments issued by the Commissionerate shall be authenticated by the signature of the Secretary or any other officer of the Commissionerate authorised in like manner in this behalf.

11. Powers and functions of the Commissionerate - (1) It shall be the general duty of the Commissiouerate to -

(a) evolve a perspective plan for the development of Higher Education in the State;

(b) administer and release grants-in-aid to Universities and private colleges in the State and report the same to the Government ;

(c) decide on the need for, and location of, new Colleges and courses of study including Engineering Colleges, subject to general guidelines issued by Government from time to time ;

(d) monitor and evaluate the academic programmes in higher education and enforce accountability in the system ;

(e) suggest ways and means of mobilising additional resources for higher education in the State;

(f) establish and develop resources centre for curriculam materials and continuing education of teachers;

(g) co-ordinate the academic activities of various institutions of higher education in the State ;

(h) undertake examination reforms;

(i) assume accreditation functions;

(j) organise entrance tests;

(k) administer and grant scholarships and organise work study programmes;

(1) establish linkages between Universities, industries and community development organisations;

(m) undertake preparation and publication of standard text books and works of reference;

(n) make suggestions in regard to the scale of pay and service conditions of the teaching and non-teaching staff working in colleges and Universities, subject to general guidelines issued by Government from time to time;

(o) transfer teachers appointed in aided posts from one aided private college to another such College subject to such rules as may be made by the Government in this behalf and generally encourage mobility of teachers; and

(p) perform any other functions necessary for the furtherance and maintenance of excellence in the standards of higher education in the State.

(2) Notwithstanding anything contained in any law relating to Universities in the State, the Board of Intermediate Education Act, 1971 and the Andhra Pradesh Education Act, 1982 every University or college including a private college in the State shall obtain the prior approval of the Commissionerate in regard to—

(i) creation of new posts;

(ii) financial management; and

(iii) starting of new higher educational institutions.

(3) In giving its approval under sub-section (2) the Commissionerate shall follow the general guidelines issued by the Government in this behalf from time to time.

12. Fund of the Commissionerate - (1) The Commissionerate shall have its own fund consisting of the grants from Government voted by the Legislative Assembly of the State towards grants to Universities, and aided Junior and Degree Colleges and grants received from Central Government for higher education.

(2) All moneys belonging to the fund shall be deposited in such banks or invested in such manner as may, subject to the approval of the Government, be decided by the Commissionerate.

(3) The Commissionerate 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 Commissionerate.

13. Inspection - (1) For the purpose of ascertaining the financial needs of a University or its standards of teaching, examination and research, the Commissionerate may, after consultation with the University, cause an inspection of any department or departments thereof to be made in such manner as may be prescribed and by such person or persons as it may direct.

(2) The Commissionerate shall communicate to the University the date on which any inspection under sub-section (1) shall be made and the University shall be entitled to be associated with the inspection in such manner as may be prescribed.

(3) The Commissionerate shall communicate to the University its views in regard to the result of any such inspection and may, after ascertaining the opinion of the University, recommend to the University the action to be taken as a result of such inspection, and the University shall comply with any such direction.

14. Annual Report - The Commissionerate shall prepare once in every year, in such form and at such time as may be prescribed an annual report giving a true and full account of its activities during the previous year, and copies thereof shall be forwarded to the Government and the Government shall cause the same to be laid before the Legislative Assembly of the State.

15. Accounts and Audit - (1) The Commissionerate shall cause to be maintained such books of account and other books in relation to its account in such form and in such manner as may be prescribed.

(2) The Commissionerate shall as soon as may be after closing its annual accounts, prepare a statement of accounts in such form, and forward the same to the Government by such date, as the Government may determine.

(3) The accounts of the Commissionerate shall be audited by such authority, at such times and in such manner as may be prescribed.

(4) The annual accounts of the Commissionerate together with the audit report thereon shall be forwarded to the Government and the Government shall cause the same to be laid before the Legislative Assembly of the State and shall also forward a copy of the audit report to the Commissionerate for taking suitable action on the matters arising out of the audit report.

16. Lirections by Government - (1) In the discharge of its functions under this Act, the Commissionerate shall be guided by such directions on questions of policy relating to State purposes or in case of any emergency as may be given to it by the Government.

(2) If any dispute arises between the Government and the Commissionerate as to whether a question is or is not a question of policy relating to state purposes, or whether an emergency has arisen, the decision of the Government thereon shall be final.

17. Returns and information - The Commissionerate shall furnish to the Government such returns or other information with respect to its property or activities the Government may, from time to time require.

18. Power to make rules - (1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.

(2) Every rule made under this Act, shall, immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it is not in session in the 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 Legislative Assembly 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.

19. Power to make regulations - (1) The Commissionerate may make regulations consistent with this Act and the rules made thereunder—

(a) regulating the meetings of the Commissionerate and the procedure for conducting business thereat ; and

(b) regulating the manner in which and the purposes for which persons may be associated with the Commissionerate under section 8.

(2) No regulation shall be made under this section except with the previous approval of the Government.

Where this provision sits

ActThe Andhra Pradesh Commissionerate of Higher Education Act, 1986.
Section10
Marginal noteAuthentication of orders and other instruments of the Commissionerate
JurisdictionState of Andhra Pradesh
StatusIn force as published by the source

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