Amendment status not verified — confirm the current text below against the official source.
Repeal of Ordinance 11 of 1994 2 THE ANDHRA PRADESH PRIVATE EDUCATIONAL INSTITUTIONS MAINTENANCE GRANT (REGULATION) ACT, 1995 ACT No.11 OF 1995 (13th February, 1995) AN ACT TO REGULATE THE FIXATION AND PAYMENT OF MAINTENANCE GRANT TO PRIVATE EDUCATIONAL INSTITUTIONS IN THE STATE OF ANDHRA PRADESH AND MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. Whereas the grant-in-aid Code which is a non-statutory set of rules governs the payment of grant-in-aid to the private educational institutions; And whereas, under rule 27A(ii) thereof, there is a provision for payment of maintenance grant equal to ten per cent of the teaching grant payable to private educational institutions; And whereas, the payment of maintenance grant as a percentage of the teaching grant results in an unintended bike in the maintenance grant as and when the scales of pay of teachers are revised thus requiring the concerned authorities to pass suitable orders with regard to payment of maintenance grant as and when the scales of pay of teachers are revised; And whereas, accordingly the District Educational Officer, Krishna, in Circular Rc.No.B1/90, dated the 24th October, 1990 among other things ordered for the payment of maintenance grant according to 1978 pay scales of the teachers; And whereas, the General Secretary, Krishna District Aided and Un- aided Schools Managers, Correspondents Association and others have challenged the said Circular in the High Court of Andhra Pradesh in W.P.No.1159 of 1991; And whereas, the High Court of Andhra Pradesh in their Judgement, dated the 7th March, 1991 in W.P.No.1159 of 1991 directed to release the maintenance grant at six percentum on the basic pay of the teachers that is being drawn from year to year; And whereas, Writ Appeal No.963 of 1991 filed by the Government against the said judgement has been dismissed by the High Court on the 4th February, 1993; And whereas, the High Court of Andhra Pradesh in its order dated the 9th April, 1993 in W.P.No.14493 of 1992 directed the Government to release the maintenance grant to the petitioners therein at six percentum as ordered in W.P.No.1159 of 1991; And whereas, it is evident from sections 45 and 46 of the Andhra Pradesh Education Act, 1982 (Act 1 of 1982) that the private educational institutions cannot claim grant-in-aid as a matter of right; And whereas, the Government will have to incur a huge expenditure or more than 78.25 crores of rupees is maintenance grant is to be paid at six percentum of the basic pay of the teachers that is being drawn from year to year, thus seriously hampering the developmental activities of the State; And whereas, on a review of the whole issue it is considered necessary to empower the Government to six the quantum of maintenance grant retrospectively for each year commencing from the 1st April, 1978 in public interest; And whereas, the Bill to regulate the fixation and payment of maintenance grant to private educational institutions in the State of Andhra Pradesh and matters connected therewith or incidental thereto has been introduced in the Legislative Assembly of the State, has not been passed by the Legislative Assembly; 3 Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty-sixth Year of the Republic of India, as follows: