THE ANDHRA PRADESH PANCHAYAT RAJ (EXECUTIVE BRANCH) SERVICE RULES

THE ANDHRA PRADESH PANCHAYAT RAJ (EXECUTIVE BRANCH) SERVICE RULES[1]

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, read with sub-sections (2) and (3) of Section 26, subsections (2) and (3) of Section 51 and Section 69 of the Andhra Pradesh Panchayat Samithi, and Zilla Parishads Act, 1959 (Andhra Pradesh Act XXXV of 1959) the Governor of Andhra Pradesh hereby makes the following rules for the Andhra Pradesh Panchayat Raj Service (Executive Branch).

The rules, in so far as they relate to Deputy Chief Executive Officers of Zilla Parishads shall be deemed to have come into force on the 1st January, 1964 and those relating to Block Development Officers of Panchayat Sami this on the 1st December, 1961.

Rule - 1. [Constitution.

The Andhra Pradesh Panchayat Raj Service (Executive Branch) shall consist of the following categories, namely: -

Rule - [2. Method of Appointment.

(1)     Category 1 :-

Appointment to Category I shall be made by transfer from among District Panchayat Officers or by promotion from Category 2 (Block Development Officers) in the following order:

Provided that promotion from Category 2 to Category 1 shall be made on grounds of merit and ability, seniority being considered only where merit and ability are approximately equal.

(2)     Category 2 :-

Appointment to category 2 shall be made [3][XXX] by transfer from among (1) Extension Officer (Women and Child Welfare), (2) Extension Officer (Agriculture), (3) Divisional Panchayat Officers, (4) Senior Investigators of Bureau of Economics and Statistics, (5) Managers of Panchayat Samithis and Zilla Parishads, and (6) Superintendents of the Office of the Commissioner of Panchayat Raj. Appointments to Category 2 shall be made in the order of rotation specified below in a unit of 100 vacancies comprising 4 cycles of 25 each :

Provided that the 18th vacancy in 2nd and 4th cycles of the Unit shall be filled in by the Section Officers of the Secretariat Departments except Finance and Planning (Finance Wing) and Law Departments ;

[4][Provided that the order of rotation in respect of Superintendents, Office of the District Panchayat Officer, Superintendents, Office of the Commissioner of Panchayat Raj and Section Officers of Secretariat Departments except Finance & Planning (Finance Wing) and Law Departments shall apply in respect of vacancies arising on or after the 3rd February, 1984 ;

[5]["Provided further that if no qualified candidates in any of the feeder categories in the above cycle are available in their due turn at the time of selection to the post of Block Development Officer, the vacancy meant to be filled by a particular category shall lapse, and such vacancy shall be filled by the category in the next turn";

Provided further that the order of rotation specified above shall apply in respect of vacancies arising or for after the 1st June, 1979 ;

[6]["Provided also that the willingness of the personnel except those belonging to Managers of Panchayat Samithis ad Zilla Parishads shall be obtained before their cases are considered for selection to the post of Block Development Officer".

(3)     The rotations specified in sub-rules (1) and (2) shall apply to the vacancies arising on or after the date of issue of the rules in respect of both the categories.

(4)     The filling up of the posts in Category 2 shall be made as follows: ;

(1)     Such percentage of posts, not exceeding 35% as may be specified by Governments from time to time, shall be filled in on tenure basis from among TahsiIdars in the Andhra Pradesh Civil Service (Executive Branch) for a period not exceeding three years in each unless extended for special reasons. They shall not be regarded as probationers or approved probationers nor shall they be entitled to further appointment to any of the posts in this service by virtue of their holding these posts on tenure basis;

The remaining posts shall be filled in by direct recruitment and from among holders of posts of Managers in Category 1 of the Andhra Pradesh Panchayat Raj Ministerial Service; or

(2)     By transfer from among the Agricultural Assistants who are working or who have worked as Extension Officer (Agriculture), Extension Officer (Women and Child Welfare) in Panchayat Samithis. Divn. Panchayat Officers and Managers of Panchayat Samithis.

[7][(3) Reservation of Appointment :- The rule of reservation of appointment (General Rule 22) shall apply to the appointment of Block Development Officer by recruitment by transfer from Manager of Panchayat Samithis as far as candidates of scheduled castes and scheduled tribes are concerned.]][8]

Rule - [3. Appointing authority.

(1)     The appointing authority to the posts in Category 2 shall be the Government.

(2)     The appointing authority to the posts in Category 1 shall be the Government][9]

Rule - [4. Unit of appointment, discharge, re-appointment, seniority and appointment as full members.

For purposes of appointment, discharge for want of vacancy, re-appointment, seniority and appointment as full members of the post in Category 2, the following six zones constitute as six units :

Rule - 5. Qualifications.

(a)      Category 1 :-

No person spall be eligible for appointment to Category 1 unless he possesses the following qualifications

(i)       Must have passed Account Test of Subordinate Officers Parts I and II or Account Test for Executive Officers or Account Test prescribed for employees of local bodies :

(ii)      Must have put in not less than three years of service as District Panchayat Officer or must have put in not less than 5 years of service as Block Development Officer:

Provided that, for purpose of reckoning service as Block Development Officer, the service rendered as Special Grade Block Development Officer, if any, shall also be counted ;

Provided further that the District Panchayat Officers who worked as Block Development Officers shall be given preference for appointment.

(b)      Category 2-:

No person shall be eligible for appointment to Category 2 unless he possesses the qualifications prescribed hereunder:

[11][Note 1 :-For appointment to Category. 2 one must have passed the Account test for Subordinate Officers, Part-I and part-II or Account Test for Executive Officers or Account Test for employees of Local Bodies".

Note 2 :-Members of the service in this category on the date of issue of these rules, who have not already passed the Account Test prescribed shall pass such test within a period of one year from the date of issue of these rules. If any such member fails to pass the above test on or before the said date his Increment shall be stopped until he passes the test but such stoppage shall not operate to postpone future increments after he has passed the test

Rule - [6. Probation.

Every person appointed to Categories 1 and 2 shall be on probation for a total period of one year on duty within a continuous period of two years:

Provided [12][x x x x ] that service rendered in the non-gazetted post in Category 2 shall be reckoned as service in the gazetted post in the same category for purpose of probation in that category.][13]

Rule - [7. Postings and Transfers.

(1)     All postings and transfers of members of service in Category 2 within a district shall be made by the Collector of the District concerned and postings and transfers from one district to another within the unit shall be made by the Commissioner of Panchayat Raj.

(2)     Notwithstanding anything contained in sub-rule (1) the Government, Panchayat Raj Department shall have the power to transfer the members of service in Category 2 (both Revenue and Non-Revenue personnel) within and outside the district wherever necessary.

(3)     All postings and transfers of members of service in Category 1 shall be made by the Government.][14]

Rule - 8. Training.

Every person appointed to Category 1 or Category 2 shall undergo such training as may be prescribed by the Government.

Rule - 9. Transitory Arrangements.

(a)      All Incumbents belonging to other services, who are found to be suitable in this service, shall be required to choose within a date to be specified by the Government to opt to remain in this service or continue for a specific period or revert to their parent department;

(b)      Such Incumbents who opt to remain in this service shall be allowed to retain all the benefits accured to them in their past service ;

(c)      The Incumbents who desire to continue only for a specified period shall be treated as on tenure basis without any right for seniority, promotion and other benefits:

Provided that, in the exigencies of public interest it shall be open to the Government to retain on tenure basis the services of such officers and also those who have opted to revert to their parent departments till they are replaced by suitable qualified persons.

Rule - 10. Savings.

Nothing contained in these Rules shall adversely affect any person drawn from the category of Extension Officers (Animal Husbandary) and Extension Officers (Co-operation) who are appointed to the post in Category' 2, as on the date of issue of these rules.