Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) (Amendment) Act, 20041
| [Andhra Pradesh Act No. 5 of 2004] | [30th July, 2004] |
An Act further to amend the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty-fifth Year of the Republic of India as follows:
1 The following Act of the Andhra Pradesh Legislative Assembly received the assent of the Governor on the 30th July, 2004 and the said assent is hereby first published on the 2nd August, 2004 in the Andhra Pradesh Gazette for general information
STATEMENT OF OBJECTS AND REASONS
The Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994 (Act 2 of, enacted for the purpose of regulating the appointments and prohibit irregular appointments in the public services as defined in clause (vi) sub-section (1) of section 2 of the Act.
By the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Patten and Pay Structure) (Amendment) Act, 1998 (Act 27 of 1998), clause (e) of sub-section (1) of section 2 the has been amended so as to exempt from the purview of the public services if 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 Government.
Keeping in view of the aforesaid exempted provision of law, the employees of Primary Agriculture Co-operative Societies and Primary Agricultural co-operative Credit Societies have filed a writ petition before the Hon'ble High Court of Andhra Pradesh claiming regularization of their services in respective institutions.
The High Court of Andhra Pradesh in its orders dated 6-11-2003 in W.P. No. 7198/2003 batch held that the amendment made to proviso to sub-clause (e) to clause (vi) to section 2 of the said Act is not applicable to the institutions who are not receiving any grant towards salaries of its employees. Therefore, by invoking the said provisions of law the aforesaid employees cannot he terminated from the services.
To overcome the aforesaid difficulty, the Government have decided to amend section 2(vi) of the Act suitably with retrospective effect form 25th November, 1993, the date on which the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994 (Act 2 of 1994) has come into force.
As the Legislative Assembly of the State was not in session and has been dissolved and it has been felt necessary to give effect to the above decision immediately the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) (Amendment) Ordinance, 2003 (A.P. Ordinance 11 of 2003) was promulgated by the Governor on the 29th December, 2003.
The Bill seeks to replace the said ordinance.
1. Short title.- This Act may be called the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) (Amendment) Act, 2004.
2. Amendment of section 2.- In the Andhra Pradesh (Regulation of Appointments to Public services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994 (Act 2 of 1994), in section 2, for clause (vi), the following shall be and shall be deemed always to have been substituted from the date the said Act was enacted, namely:-
"(vi) Public Services for the purposes of this Act" means, services in any office or establishment of:-
(a) the Government;
(b) a local authority;
(c) a Corporation or undertaking wholly owned or controlled by the State Government;
(d) a body established under any law made by the Legislature of the State whether incorporated or not; Including a University;
(e) a Co-operative Society registered under the Andhra Pradesh Co-operative Societies Act, 1964 (Act 7 of 1964); and
(f) any other body established by the State Government or by a Society, other than the Society specified under sub-clause (e), registered under any law relating to the registration of societies or the time being in force, and receiving funds from the State Government either fully or partly for its maintenance or any educational institution whether registered or not but receiving aid from the Government."
3. Amendment of Claims.- (1) Notwithstanding any orders issued by the Government or any authority, or any Judgment, decree or order of any Court, or Tribunal, no person shall claim for the appointment or continuance in service under the proviso to sub-clause (e) of clause (vi) of section 2 of the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994, as incorporated by the Andhra Pradesh (Regulation of Appointment to Public Services and Rationalisation of Staff Pattern and Pay Structure) (Second Amendment) Act, 1998 (Act 27 of 1998), which proviso shall be deemed to have been repealed from the date from which the Andhra Pradesh (Regulation of Appointment to Public Services and Rationalisation of Staff Pattern and Pay Structure) (Second Amendment) Act, 1998 ((Act 27 of 1998)) came into force.
(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 to secure the appointment or continuance of any person in service on the basis of the proviso to sub-clause (e) of clause (vi) of section 2 and all such pending proceedings shall abate forthwith;
(3) No court shall enforce any decree or order directing the Government or any person or other authority whatsoever to appoint or to continue any person in the service of any co-operative society on the basis of proviso to sub-clause (e) of clause (vi) of section 2 which ceased to be inforce by the Andhra Pradesh (Regulation of Appointment to Public Services and Rationalisation of Stall Pattern and Pay Structure) (Amendment) Act, 2004.
4. Repeal of Ordinance 11 of 2003.- The Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) (Amendment) Ordinance, 2003 is hereby repeated.