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The Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000.

Andhra Pradesh · state statute
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ANDHRA PRADESH SCHEDULED CASTES (RATIONALISATION OF
RESERVATIONS) ACT, 2000
(ACT NO. 20 OF 2000)
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title and commencement
2. Definitions
3. Rationalisation of Reservations
4. Applicability of the Act to Pending matters
5. Act not to apply to Central Government services or educational
Institutions
6. Power to remove doubts and difficulties
7. Power to make rules
8. Removal of doubts
9. Repeal of Ordinance 6 of 1999
ANDHRA PRADESH SCHEDULED CASTES (RATIONALISATION OF
RESERVATIONS) ACT, 2000
(Act No. 20 of 2000)
[2nd May, 2000]
AN ACT TO PROVIDE FOR RATIONALISATION OF RESERVATIONS TO
SCHEDULED CASTES IN THE STATE OF ANDHRA PRADESH TO
ENSURE THEIR UNIFIED AND UNIFORM PROGRESS IN THE SOCIETY
AND FOR MATTERS CONNECTED THEREWITH AND INCIDENTAL
THERETO.
Whereas, the fifty nine Scheduled Castes specified in the list of Scheduled
Castes with the respect to the State of Andhra Pradesh are provided with
reservation of 15% of posts in public service and seats in educational
institutions.
And whereas, the State shall promote with special care the educational
and economic interests, in particular, of the Scheduled castes and shall protect
them from nodal injustice and all forms of exploitation as enjoined under
article 46 of Part IV Directive Principles of State Policy of the Constitution of
India;
And whereas, the State shall endeavour to eliminate inequalities in status,
facilities and opportunities, not only amongst the individuals but also amongst
groups of people residing in different areas or engaged in different vocations as
enjoined under article 38(2) of Part IV Directive Principle of State Policy of the
Constitution of India;
And whereas, the Constitutional mandate guarantees social justice and
equality of opportunity in the Preamble and Fundamental Rights, more
particularly the Right to Equality under articles 14 to 16 read with articles 38,
39, 41 and 46 with protective discrimination to minimise inequalities in favour
of socially and educationally backward classes of citizens including the
Scheduled Castes;
And whereas, the State shall ensure that the Scheduled Castes which
form the most backward classes in the society achieve unified and uniform
progress collectively and combindly;
And whereas, to transform the said constitutional goal into a reality, the
State should strive to make available, the benefits of reservation for an equal
and equitable enjoyment by all the scheduled castes;
And whereas, it has been decided to give effect to the constitutional
mandate by rationalising the reservations to Scheduled Castes, without in any
way touching upon or interfering with the Constitution (Scheduled Castes)
Order, 1950 as amended by the Scheduled Castes and Scheduled Tribes Order
(Amendment) Act, 1976.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Fifty-first Year of the Republic of India as follows:-
1. Short title and commencement - (1) This Act may be called the Andhra
Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000.
(2) It shall be deemed to have come into force on the 9th December, 1999.
2. Definitions - In this Act, unless the context otherwise requires:-
(a)"educational institution" shall have the meaning assigned to it in clause
(c) of section 2 of the Andhra Pradesh Educational Institutions (Regulation of
Admission and Prohibition of Capitation Fee) Act, 1983 (A.P. Act No. 5 of 1983);
(b)"Government" means the State Government of Andhra Pradesh.
(c)"Prescribed" means prescribed by the rules made under this Act.
(d)"Public Service" means, services in any office or establishment of,-
(i) the Government;
(ii) a local authority, i.e.
(a) A Gram Panchayat or a Mandal Parishad or a Zilla Parishad
established under the Andhra Pradesh Panchayat Raj Act, 1994 (A.P. Act No.
13 of 1994);
(b) a Municipality constituted under the Andhra Pradesh
Municipalities Act, 1965 (A.P. Act No. 6 of 1965); and
(c) a 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 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 reservation of
appointments or posts in public service in the special rules applicable to any
particular service or the General Rules of the Andhra Pradesh State and
Subordinate Service Rules, as the case may be or any rule or provision for
reservation of seats in the rules or instruction for admission into educational
institutions, as the case may be, in favour of Scheduled Castes or Scheduled
Tribes or Backward Classes or Women;
(f)"Scheduled Castes" shall have the meaning assigned to it in clause (24)
of article 366 of the Constitution of India.
3. Rationalisation of Reservations - In order to secure social justice and
equality of opportunity and to ensure fair just, reasonable, rational and
equitable enjoyment of the benefits of the rule of reservation by all the
Scheduled Castes with respect to the State of Andhra Pradesh, subject to
availability of eligible candidates,-
(a) one percent of appointments or posts or seats so reserved under the
rule of reservation for the Scheduled Castes shall be reserved to the persons
belonging to the following Scheduled Castes, which shall be referred to as
Scheduled Castes-A, namely-
Bavuri
Chachati
Chandala
Dandasi
Dome, Dombara, Paidi, Pano
Ghasi, Haddi, Relli, Chachandi
Godagalli
Mehtar
Paky, Moti, Thoti
Pamidi
Relli
Sapru
(b) Seven percent of appointments or posts or seats so reserved under the
rule or reservation for the Scheduled Castes shall be reserved to the persons
belonging to the following Scheduled Castes, which shall be referred to as
Scheduled Castes-B, namely:-
Arundhatiya
Bindla Beda Jangam, Budaga Jangam
Chamar, Mochi, Muchi
Chambhar
Dakkal, Dokkalwar
Dhor
Godari
Jaggali
Jambuvulu
Kolupulvandlu
Madiga
Madiga Dasu Mashteen
Mang
Mang Garodi
Matangi
Samagara
Sindhollu, chindollu
(c) six percent of appointments or posts or seats so reserved under the
rule of reservation for the Scheduled Castes shall be reserved to the persons
belonging to the following Scheduled Castes, which shall be referred to as
Scheduled Castes-C namely:-
Adi Dravida
Anamuk
Aray Mala
Arwa Mala
Bariki
Byagara
Chalavadi
Ellamalawar, Yellammala Wandlu
Gosangi
Holeya
Holeya Dasari
Madasi Kuruva, Madari Kuruva
Mahar
Mala
Mala Dasari
Mala Dasu
Mala Hannai
Malajangam
Mala Masti
Mala Sale, Netkani
Mala Sanyasi
Manne
Mundala
Pambada, Pambanda
Samban
(d) One percent of appointments or posts or seats so reserved under the
rule of reservation for the Scheduled Castes shall be reserved to the persons
belonging to the following Scheduled Castes, which shall be referred to as
Scheduled Castes-D, namely:-
Adi Andhra
Mashti
Mitha Ayyalvar
Panchama, Pariah
4. Applicability of the Act to Pending matters - Notwithstanding anything
contained in any notification or advertisement or any other proceeding for
making selection for any appointment in public service or for making
admission to any seat in any education institution which are subject to the rule
of reservation, the provisions of this Act shah apply for such appointment or
admission as the case may be, if such appointment or admission has not been
completed as on the date of commencement of this Act;
Provided that without prejudice to the appointments or admissions made
prior to the commencement of this Act, where such appointments or
admissions have not been completed in respect of all the appointments or
admissions under a notification or advertisement or proceeding, the provisions
of section 3 of this Act shall be given effect to in respect of the remaining
available number of posts or seats reserved for Scheduled Castes under such
notification or advertisement or proceeding, as the case may be.
5. Act not to apply to Central Government services or educational
Institutions - Nothing contained in this Act shall apply to any appointment or
post or service of any department of the Central Government or of any
Corporation or undertaking owned or controlled by the Central Government or
to any Educational Institution belonging to or under the control of the Central
Government.
6. Power to remove doubts and difficulties - If any doubt or difficulty arises
in giving effect to the provisions of this Act, the Government may, by order,
make such provisions or give such directions, not inconsistent with the
provisions of this Act, as may appear to it to be necessary or expedient for the
removal of the doubt or difficulty.
7. Power to make rules - (1) The Government may, by notification in the
Andhra Pradesh Gazette, make rules to carryout the purposes of this Act.
(2) In particular and without prejudice to the generality, of the foregoing
powers, such rules may provide for all or any of the following matters, namely:
-
(a) fixation or adjustment of roster points in respect of Scheduled Castes
including for women among them for the purposes of public service;
(b) procedure to be followed in case of non-availability of eligible persons
for compliance with clauses (a) to (d) of section 3; and
(c) any other matter which has to be or may be prescribed.
(3) 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 expiration of the session in which it is so laid or the
session immediately following, the Legislative Assembly agrees in making any
modifications in the rule or in the annulment of the rule, the rule shall, from
the date on which the modification or annulment is notified, have effect only in
such modified 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.
8. Removal of doubts - For the removal of doubts, it is hereby declared that
nothing contained in this Act shall be construed as inclusion in or exclusion
from or further classification of the list of Scheduled Castes with respect to the
State of Andhra Pradesh.
9. Repeal of Ordinance 6 of 1999 - The Andhra Pradesh Scheduled Castes
(Rationalisation of Reservations) Ordinance, 1999 is hereby repealed.

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