The Andhra Pradesh Regulation of Reservations for Appointments to Public Services Act, 1997.

THE ANDHRA PRADESH REGULATION OF RESERVATIONS FOR
APPOINTMENTS TO PUBLIC SERVICES ACT, 1997
(ACT NO. 24 OF 1997)
ARRANGEMENT OF SECTIONS
Sections
1. Short title and commencement
2. Definitions
3. Regulation of recruitment
4. Salary bills not to be passed
5. Penalties
6. Bar for regularisation of services
7. Power to give directions
8. Abatement of claims
9. Prohibition of appointment of others
10.Offences and punishments
11.Penalty for abetters
12.Offences by Companies
13.Protection for the bonafide Acts
14.Bar of jurisdiction of Civil Courts
15.Act to override other laws
16.Power to make rules
THE ANDHRA PRADESH REGULATION OF RESERVATIONS FOR
APPOINTMENTS TO PUBLIC SERVICES ACT, 1997
ACT No.24 OF 1997
[21st August, 1997]
AN ACT TO REGULATE THE IMPLEMENTATION OF THE RULE OF
RESERVATION IN ALL THE APPOINTMENTS MADE IN OFFICES AND
ESTABLISHMENTS UNDER THE CONTROL OF THE STATE
GOVERNMENT, LOCAL AUTHORITIES, CORPORATIONS OWNED AND
CONTROLLED BY THE STATE GOVERNMENT AND OTHER BODIES
ESTABLISHED UNDER A LAW MADE BY THE LEGISLATURE OF THE
STATE AND FOR MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO:
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Forty-eighth Year of the Republic of India as follows:-
1. Short title and Commencement -(1) This Act may be called the Andhra
Pradesh Regulation of Reservations for Appointments to Public Services Act,
1997.
(2) It shall come into force on such date as the State Government may, by
notification, appoint.
2. Definitions -In this Act, unless the context otherwise requires,
(a)“Backward Classes”means any socially and educationally
backward classes of citizens recognised by the Government for
purposes of clause (4) of article 15 and clause (4) of article 16 of the
Constitution of India;
(b)“Government”means the State Government ofAndhra Pradesh;
(c)“Notification”means a notification published in theAndhra
Pradesh Gazette and the term ‘notified’ shall be construed
accordingly;
(d)“Public Services”means, services in any office or establishment
of,-[
(i) the Government;
(ii) a local authority i.e.,
(a) a Gram Panchayat,
(b) a Mandal Parishad or a Zilla  Parishad established
under the Andhra Pradesh Panchayat Raj Act, 1994,
(c) a Municipality constituted under the Andhra Pradesh
Municipalities Act, 1965, and
(d) Municipal Corporation established under the relevant
law, for the time being in force, relating to Municipal
Corporations;
(iii)a Corporation or undertaking wholly owned or controlled by
the Government;
(iv) a body established under any law made by the Legislature of
the State whether incorporated or not including a University;
and
(v) any other body established by the State Government or by a
society registered under any law relating to the registration of
societies for 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.;
(e)“Rule of Reservation”means any rule or provision for the
reservation of appointments or posts in favour of the Scheduled
Castes or the Scheduled Tribes or the Backward Classes or Women in
the Special Rules applicable to any particular service or the General
Rule 22 of the Andhra Pradesh State and Subordinate Service Rules,
as the case may be;
(f)“Scheduled Castes and Scheduled Tribes”shall have the
meaning respectively assigned to them in clause (24) and
clause (25) of article 366 of the Constitution of India;
(g)“Appointing Authority”in relation to the services or posts in any
establishment or office as defined in section 2(d) (i to v) means, the
authority empowered to make appointment to such services or posts.
3. Regulation of recruitment -  All appointments in public service to any post
in any class, category or grade shall be made in accordance with and following
the rule of reservation.
4. Salary bills not to be passed - Where an appointment is not in accordance
with section 3, the drawing authority shall not sign the salary bill of the
appointee concerned and the Pay and Accounts Officer, Sub-Treasury Officer or
any other officer who is charged with the responsibility of passing the salary
bill shall not pass such bill unless a certificate issued by the appointing
authority to the effect that the appointment has been made in accordance with
section 3, is attached to the first salary bill of the appointee concerned.
5. Penalties - (1) Where any holder of an elective office or any officer or
authority makes any appointment in contravention of the provisions of this
Act,-
(a)it shall be deemed in the case of the holder of an elective office that
he has abused his position or power and accordingly the competent
authority shall initiate proceedings for his removal; and
(b)in the case of an officer or authority it shall be deemed that he is
guilty of misconduct and competent authority shall initiate action
under the relevant disciplinary rules.
(2) In addition to taking action under sub-section (1), the pay and
allowances paid to the person whose appointment is in contravention of the
provisions of this Act shall be deemed to be an illegal payment and a loss to the
Government or, as the case may be, to the concerned institution and the same
shall be recoverable by surcharging the same under the Andhra Pradesh State
Audit Act, 1989 (Act 9 of 1989) against the person, officer or authority who
makes such appointments in contravention of the provisions of this Act or
where such surcharge is not possible under the said Act, it shall be recoverable
in accordance with such manner as may be prescribed including as arrears of
the land revenue.
6. Bar for regularisation of services - No person who is appointed in violation
of the rule of reservation and is continuing as such at the commencement of
this Act shall have or shall be deemed ever to have a right to claim for
regularisation of services on any ground whatsoever and the services of such
person shall be liable to be terminated at any time without any notice and
without assigning any reasons.
Explanation:-For the removal of doubts it is hereby declared that the
termination of services under this section shall not be deemed to be dismissal
or removal from service within the meaning of article 311 of the constitution
and as of any other relevant law providing for the dismissal or removal of
employees but shall only be deemed to be termination simplicitor, not
amounting to any punishment.
7. Power to give directions - For the purpose of enforcing the provisions of
this Act, it shall be competent for the Government, or any Head of the
Department of the Government to issue such directions as they may deem fit to
their subordinates and where any subordinate officer is guilty of non-
compliance with such directions, it shall bedeemed that he is guilty of misconduct
for proceeding under the relevant disciplinary rules.
8. Abatement of claims - Notwithstanding anything contained in any
judgement, decree or order of any court, tribunal or other authority the claims
for regular appointment of all such irregular appointments in violation of rule
of reservation shall stand abated accordingly,-
(a)no suit or other proceeding shall be instituted, maintained or
continued in any court, tribunal or other authority, against the
Government or any person or authority whatsoever for regularisation
of such services;
(b)no court shall enforce any decree or order directing the
regularisation of the services of such persons; and
(c)all proceedings pending in any court or tribunal claiming the
regularisation of such services shall abate.
9. Prohibition of appointment of others - (1) No post in public service
reserved for Scheduled Castes or Scheduled Tribes or Backward Classes or
Women shall be filled in violation of the rule of reservation;
Provided that where no qualified and eligible person is available from
among the Scheduled Castes or Scheduled Tribes or Backward Classes or
Women as the case may be, for recruitment to a reserved post, such posts shall
be kept vacant and the vacancy shall be renotified for recruitment till a
qualified and eligible person is available:
Provided further that if no qualified and eligible person is available from
among the Scheduled Caste or Scheduled Tribe or Backward Class or Women,
as the case may be, for recruitment to a reserved post the Government is
competent to exempt any post from the operation of rule of reservation and to
appoint any other person in such a manner as may be prescribed.
10. Offences and punishments -(1) Any person or authority who contravenes
the provisions of this Act, shall, apart from the penalties otherwise provided
for, be punishable with imprisonment for a term which shall not be less than
six months and which may extend upto two years and also with fine which
shall not be less than five thousand rupees but which may extend upto ten
thousand rupees.
(2) No court shall take cognizance of an offence punishable under this
section except with the previous sanction of the Government.
11. Penalty for abetters - Whoever abets any offence punishable under this
Act shall be punished with the punishment provided for in this Act for such
offence.
12. Offences by Companies - (1) Where an offence against any of the
provisions of this Act or any rule made thereunder has been committed by a
company, every person, who at the time when the offence was committed, was
incharge of, and was responsible to the company for the conduct, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly.
(2) Notwithstanding-anything in-sub-section (1) where any such offence
has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributed to any neglect on
the part of, any Director, Manager, Secretary or other officers of the company,
they shall be liable to be proceeded against and punished accordingly.
Explanation:-For the purpose of this section,-
(a)“Company” means a company as defined in the Companies Act,
1956 (Central Act 1 of 1956) and includes a University, a firm, a
society or other association of individuals; and
(b)“Director” in relation to,-
(i) a ‘firm’ means a partner in the firm;
(ii) a university, a society or other association of individuals
means the person who is entrusted with the power to make
appointments in the case of a university under the concerned
law under which the university is established and in other cases
under the rules of the society or other association, as the case
may be.
13.Protection for the bonafide Acts -Provided that nothing contained in this
Act shall render any person liable to any punishment, if he proves that the
offence was committed without his knowledge or that he had exercised all due
diligence to prevent the commission of such offence in making appointments
under section 2 (e) to any post in any class, category, or grade, of the services
as defined in section 2(d) (i to v).
14. Bar of jurisdiction of Civil Courts - No suit, prosecution or other legal
proceedings shall lie against any person for anything which is done in good
faith or intended to be done in pursuance of this Act or the rules made
thereunder.
15. Act to override other laws - The provisions of this Act shall have effect,
notwithstanding anything contained in any other law for the time being in force
or any judgment, decree or order of any court, tribunal or other authority.
16. Power to make rules - (1) The Government may by notification, make
rules for carrying 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 Legislative Assembly of the State, 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 expiry of the session in which it is so laid or the
session immediately following, the Legislative Assembly agrees in making any
modification in the rule or in the annulment of the rule, the rule shall from the
date on which the modifications or annulment is notified have effect only in
such modified form or shall stand annulled as the case may be, however, that
any such modification or annulment shall be without prejudice to the validity
of anything previously done under that rule.

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