THE ANDHRA PRADESH (REGULATION OF
APPOINTMENTS TO PUBLIC SERVICES AND RATIONALISATION OF STAFF PATTERN AND PAY
STRUCTURE) (SECOND AMENDMENT) ACT, 1998 [Act No. 27 of 1998] [19th August, 1998] An Act Further to Amend the Andhra Pradesh
(Regulation of Appointments to Public Services and Rationalisation of Staff
Pattern and Pay Structure) Act, 1994. Whereas,
according to the provisions of the Andhra Pradesh (Regulation of Appointments
to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act,
1994 and in accordance with the scheme formulated in the orders issued by the
Government in G.O.Ms. No. 212, Finance & Planning (FW. PC. III) Department
dated the 22nd April, 1994, the services of a person who worked on daily
wage/NMR/Consolidated pay/Contingent worker on full time basis and also
continuing as such as on the 25th November, 1993, the date on which the
aforesaid Act has come into force shall be regularised; And
Whereas, in various judgments rendered by the different courts, the orders
issued by the Government in G.O.Ms. No. 212, Finance & Planning (FW. PC.
III) Department, dated the 22nd day of April, 1994 have been interpreted, that
the completion of five years of service as on 25th November, 1993 shall mean
that as and when any employee completes five years of service; and that the
first proviso under Section 7 of the said Act have also been interpreted to
mean as two separate and independent conditionalities; And
Whereas, the said interpretation is contrary to the intendment and the policy
of the Government; And
Whereas, the Government felt it necessary to remove the ambiguity found in the
said proviso to section 7 of the said Act; And
Whereas, it is considered necessary to extend the benefit of public service to
a person in pursuance of an assurance made on the floor of the Legislative
Assembly of the State; And
Whereas, it is also considered necessary that brother or sister of an unmarried
person who is killed in extremist violence or in police firing who is not an
accused of an offence also need to be provided suitable employment in the
Government service; And
Whereas, it is also considered necessary to exclude from the purview of the
"public service" such of the institutions which are not receiving
funds or grants towards salaries of its employees from the State Government. Be it
enacted by the Legislative Assembly of the State of Andhra Pradesh in the
Forty-ninth Year of the Republic of India as follows: (1)
This Act may be called the Andhra Pradesh
(Regulation of Appointments to Public Services and Rationalisation of Staff
Pattern and Pay Structure) (Second Amendment) Act, 1998. (2)
Sub-section (1) of section 3 shall be deemed
to have came into force on the 28th October, 1996 and the remaining provisions
shall come into force at once. In the
Andhra Pradesh (Regulation of Appointments to Public Services and
Rationalisation of Staff Pattern and Pay Structure) Act, 1994 (hereinafter
referred to as the principal Act), in section 2, in clause (vi) to sub-clause
(e), the following proviso shall be added, namely:- "Provided
that the services in any such body or society as specified in sub-clause (e),
which is not receiving any funds or grants towards salaries of its employees
from the State Government shall not be deemed to be 'public service' for the
purposes of this Act". In
section 4 of the principal Act, in sub-section (2),- (1)
in clause (b), for the words "in favour
of a son or a daughter or spouse of any person", the words "in favour
of a son or a daughter or spouse of any married person or a brother or a sister
of any unmarried person", shall be substituted; (2)
after clause (c), the following new clause
shall be added, namely:- "(d) to any suitable appointments to be made in
compliance with assurance bearing number 2438/X/96, Assembly Secretariat dated
10th September, 1996 made on the floor of the Legislative Assembly of the
State.". In
section 7 of the principal Act for the first proviso, the following proviso
shall be substituted, namely:- "Provided
that the services of those persons continuing as on the 25th November, 1993
having completed a continuous minimum period of five years of service on or before
25th November, 1993 either on daily wage, or nominal muster roll, or
consolidated pay or as a contingent worker on full time basis, shall be
regularised in substantive vacancies, if they were otherwise qualified
fulfilling the other conditions stipulated in the scheme formulated in G.O.Ms.
No. 212, Finance and Planning (FW. PC. III) Department dated the 22nd April,
1994". After
section 7 of the principal Act, the following new section shall be inserted,
namely:- 7A.
"Abatement of Claims. (1)
Notwithstanding any Government order,
judgment, decree or order of any Court, Tribunal or other authority, no person
shall claim for regularisation of service under the first proviso to section 7
as it was incorporated by the Andhra Pradesh (Regulation of Appointments to
Public Services and Rationalisation of Staff Pattern and Pay Structure)
(Amendment) Act, 1998 (Act 3 of 1998). (2)
No suit or other proceedings shall be
maintained or continued in any Court, Tribunal or other authority against the
Government or any person or other authority whatsoever for regularisation of
services and all such pending proceedings shall abate forthwith; (3)
No Court shall enforce any decree or order
directing the (4)
Government or any person or other authority
whatsoever for regularisation of services.". ANDHRA PRADESH (REGULATION OF APPOINTMENTS TO PUBLIC
SERVICES AND RATIONALISATION OF STAFF PATTERN AND PAY STRUCTURE) (SECOND
AMENDMENT) ACT, 1998
Preamble - THE ANDHRA PRADESH (REGULATION OF
APPOINTMENTS TO PUBLIC SERVICES AND RATIONALISATION OF STAFF PATTERN AND PAY
STRUCTURE) (SECOND AMENDMENT) ACT, 1998PREAMBLE