The Andhra Pradesh Grama Sachivalayams And Ward Sachivalayams (Gsws) Act, 2023

[23 of 2023]

[01st May 2023]

AN ACT TO PROVIDE A NEW STRUCTURE TO DELIVER INNUMERABLE OTHER CITIZEN CENTRIC SERVICES AND AMENITIES INCLUDING THE INDICATIVE LIST OF CITIZEN SERVICES MENTIONED IN THE 11 th SCHEDULE AND 12 th SCHEDULE OF THE CONSTITUTION OF INDIA AND TO PROVIDE A STATUTORY FRAMEWORK FOR THE GRAMA SACHIVALAYAMS AND WARD SACHIVALAYAMS AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.

Be it enacted by the Legislative of the State of Andhra Pradesh in the Seventy - fourth Year of the Republic of India as follows,-

CHAPTER 1 PRELIMINARY

Section - 1. Short title, extent and commencement

(1)     This Act may be called the Andhra Pradesh Grama Sachivalayams and Ward Sachivalayams (GSWS) Act, 2023.

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

(3)     All the provisions of this Act except sections 11,12,13 and 15 shall be deemed to have come into force with effect from 19-07-2019, the sections 11,12,13 and 15 shall be deemed to have come into force on and from the 7th December, 2022.

Section - 2. Definitions

In this Act, unless the context otherwise requires,-

(1)     "Act" means the Andhra Pradesh Grama Sachivalayams and Ward Sachivalayams (GSWS) Act, 2023;

(2)     "Citizen Service" means facility organized and provided by the Gov- ernment Departments or by a statutory body for benefit of all the people;

(3)     "Commissioner" means the Commissioner/ Director of the Grama Sachivalayams and Ward Sachivalayams (GSWS) Department;

(4)     "Competent Authority" means appointed by the Government to discharge functions mentioned under this Act or rules or Standing Orders made there under;

(5)     "Department" means Grama Sachivalayams and Ward Sachivalayams (GSWS) Department and includes Commissioner/Director or Competent Authority appointed by the Government to discharge functions mentioned under this Act or rules or standing Orders made there under;

(6)     "District" means administrative division as created by the State Government;

(7)     "Functionaries" means the employees of the line departments working in the Sachivalayams in urban and rural areas and responsibie for discharging duties as set out by the appropriate Government;

(8)     "Government" means the State Government of Andhra Pradesh

(9)     "Line Departments" means Departments within the Government of Andhra Pradesh and Government Corporations;

(10)   "Notification" means a notification in the official gazette of the State including a district gazette;

(11)   "Rules" means a rule made under this Act by the Government;

(12)   "Sachivalayams" means the building / area/ structure/office estabiished under various Government Orders issued hitherto and controlled/ managed/monitored by the Commissioner, GSWS Department and called Grama Sachivalayams in Rural Areas, Ward Sachivalayams in Urban Areas;

(13)   "Service Charge" means fee collected/levied by the Department from the users for providing Citizen Services;

(14)   "State" means State of Andhra Pradesh;

(15)   "Weifare schemes" means assistance program sponsored by the Government for individuals and families in need in the State of Andhra Pradesh.

CHAPTER 2 ESTABLISHMENT OF GSWS DEPARTMENT AND DECLARATION OF GRAMA SACHIVALAYAMS AND WARD SACHIVALAYAMS

Section - 3. Establishment of GSWS Department

(a)      In accordance with the provisions of this Act, there shall be constituted a department called the Department of Grama Sachivalayams and Ward Sachivalayams hereinafter called as the Department, for monitoring of the Grama Sachivalayams and Ward Sachivalayams already established in rural and urban areas across the State.

(b)      The existing system of Grama Sachivalayams and Ward Sachivala yams established under various Government Orders issued by the Government from time to time shall be deemed to have been organized and constituted under the provisions of the Act.

(c)      The Grama Sachivalayams and Ward Sachivalayams Department shall constitute

(i)       Special Chief Secretary / Principal Secretary / Secretary to Government, GSWS Department.

(ii)      Commissioner/Director, GSWS Department,

(iii)     Director, AP State Institute of Rural Development and Panchayat Raj (APSIRDPR).

(iv)    The Functionaries of Grama Sachivalayams and Ward Sachivalayams and the staff drafted for the Department, either on deputation or otherwise. The staffing pattern and the criteria/eligibility thereof shall be consistent with Article 309 of the Constitution of India.

Section - 4. Designation officer

(a)      The Government shall appoint a Special Chief Secretary / Principal Secretary / Secretary to the Department.

(b)      The Secretary shall be from the All-India Services and should be at the level of Secretary-cadre or higher.

(c)      The Secretary shall be responsible for overseeing the functioning of the GSWS Department by the Government.

(d)      The Secretary shall be assisted by the Commissioner/Director, as may be prescribed under this Act.

Section - 5. Appointment of Commissioner/Director

(a)      The Government shall appoint a Commissioner/ Director to the Department.

(b)      The Commissioner/Director shall be from the All- India Services.

(c)      The Commissioner/Director shall be responsible for the day-to-day functioning of the Department and work through District Administration and the Sachivalayams established.

(d)      The Commissioner/Director shall be assisted by Officers and other appointed staff as per regulations laid down in this Act.

(e)      Commissioner/Director shall review the Performance of Grama Sachivalayams and Ward Sachivalayams periodically and take appropriate Steps to streamline the functioning of Sachivalayams including recommendations for initiation of disciplinary proceedings against the Functionaries whereverfound appropriate.

Section - 6. Appointment of Director, APSIRD

The Government shall appoint a Director for APSIRD.

(a)      Director shall be responsible for the day-to-day functioning of the APSIRDPR and work through Regional Extension Training Centers.

(b)      The Director shall conduct and review periodical training of the Functionaries and Staff of the GSWS Department.

Section - 7. Appointments in the Department

The cadre strength of various categories of posts in the Department shall be notified by the Government from time to time in accordance with Article 309 of the Constitution of India.

Section - 8. Appointment of additional staff

The Commissioner/Director with prior permission of Government is authorized to,-

(i)       Engage and remunerate staff including Service Providers, and Consultants on contractual basis and/or

(ii)      Appoint aforementioned staff from the Government and/or external Consultants, on contractual basis and/or deputation.

Section - 9. Functionams of Grama Sachivalayams and Ward Sachivalayams

The following functionaries of the various Line Departments are to be positioned to perform the functions in the Grama Sachivalayams and Ward Sachivalayams as detailed below:-

TABLE-I

FUNCTIONARIES OF GRAMA SACKVALAYAM

TABLE-II

FUNCTIONARIES OF WARD SACHIVALAYAM

Note 1: Manila Police or Grama Mahila Samrakshana Karyadarshi/Ward Mahila Samrakshana Karyadarshi (or by any other designation it is called) shall not be a "Police" within the meaning of the Police Act, 1861 or such other laws which govern functioning of the Police Department in the State of Andhra Pradesh.

Note 2: Allotment of the functions to the functionaries shall be in accordance with guidelines issued from time to time by the Government or the Line Department as the case may be.

Note 3: Functionaries are governed by the Service Rules issued by the respective Line Departments.

CHAPTER 3 FUNCTIONS OF THE DEPARTMENT

Section - 10. Functions of the Department

(a)      Service Delivery

(i)       To deliver citizen-centric Services through Grama Sachivalayams and Ward Sachivalayams.

(ii)      The Services delivered by the Sachivalayams shall be in accordance with the notifications issued by the Government from time to time on collection of such Service charges as may be prescribed from time to time.

(iii)     The Services, delivered through Sachivalayams, duly approved by the respective authorities under different laws shall be treated as valid in law, notwithstanding anything contrary to the law for the time being in force.

(iv)    The certificates delivered to the Citizens on account of Service delivery by the Department shall have legal validity, as per the concerned enactments.

(b)      Implementation of Weifare Schemes

The Department shall issue guidelines, Standard Operating Procedures (SOP) and provide necessary logistical support for the impiementation of welfare schemes through Grama Sachivalayams and Ward Sachivalayams.

(c)      Monitoring

The Department shall coordinate with other departments of the Government for effective delivery of schemes and Services and perform any activity assigned from time to time.

(d)      Other Government initiatives

(i)       The Department may take up any other initiatives as instructed by.the Government.

(ii)      The Department shall extend Support to all other Government Departments" initiatives as and when required.

CHAPTER 4 FINANCIAL PROVISIONS

Section - 11. Annual Estimate, Plan and Report

(a)      The Department shall prepare annual estimates considering all income, expenditure, budgetary requirements, sanctioned amounts every year.

(b)      The Department may request the Government for necessary allocation based on the annual estimates, including the salaries of the employees engaged by the Commissioner / Director as per sections 7 and 8 of this Act.

(c)      A copy of all annual estimates shall be sent to the Government by the Department.

(d)      The Department shall prepare annual plan for each financial year and furnish a report of its functions to the Government for the preceding year.

CHAPTER 5 MISCELLANEOUS

Section - 12. 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 may appear to it to be necessary or expedient for removing the difficulty:

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

(2)     Every order made under this Section shall be laid, as soon as may be after it is made, before each House of Legislature.

Section - 13. Power to make rules

(1)     The Government may by notification in the Andhra Pradesh Gazette, make rules to carry 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 State Legislature 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 Legislature agree in making any modifications in the rule or in the annulment of the rule, the rule shall, with effect from the date of notification of such modification of annulment in the Andhra Pradesh Gazette is notified have effect only in such modify 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.

Section - 14. Exclusion of liabilify for errors or omissions in Information supplied

In cases wherever applicable, the Department providing Service to the public including dissemination of information upon payment of a prescribed service Charge, neither the Department nor any of its staff/representative involved in providing such information shall be liable for any loss/damage suffered by the Citizen owing to any error and/or Omission of any nature, however caused, if made in good faith and in the ordinary course of the discharge of the duties of such staff/representative.

Section - 15. Saving Clause

(1)     The provisions of this Act or the rules made there under shall be in addition to and not in derogation of any existing Acts /Laws in relation to rural and urban local bodies under the respective enactments. Every power. exercised and function performed, every matter dealt with and every proceeding undertaken for provision of Citizen Services delivered through Grama Sachivalyams and Ward Sachivalayams by the Department under respective Rules, Government Orders etc., shall be deemed to be validly exercised, performed, dealt with, undertaken, passed or done under the provisions of this Act.

(2)     The service rules and Government Orders governing the service conditions and functions of the Functionaries of the Grama Sachivalayams and Ward Sachivalayams shall, to the extent of being consistent with the provisions of this Act shall remain valid.

Section - 16. Repeal of Ordinance No. 15 of 2022

(1)     The Andhra Pradesh Grama Sachivalayams and Ward Sachivalayams (GSWS) Ordinance,2022 is hereby repealed.

(2)     Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.