The Andhra Pradesh State Educational Institutions (Reservation in Teachers’ Cadre) Act, 2021

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THE ANDHRA PRADESH STATE EDUCATIONAL INSTITUTIONS
(RESERVATION IN TEACHERS’ CADRE) ACT, 2021
         (ACT No. 19 of 2021)
ARRANGMENT OF SECTIONS
SECTIONS
1. Short title extent, commencement and application
2. Definitions
3. Reservation of posts in recruitment by State Educational Institutions
4. Power to issue directions
5.  Power to remove difficulties
6. Laying of notifications before the Legislature of the State
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THE ANDHRA PRADESH STATE EDUCATIONAL INSTITUTIONS
(RESERVATION IN TEACHERS’ CADRE) ACT, 2021.
ACT No. 19 of 2021.
AN ACT TO PROVIDE FOR THE RESERVATION OF POSTS IN
APPOINTMENTS BY DIRECT RECRUITMENT OF PERSONS BELONGING TO
THE SCHEDULED CASTES, THE SCHEDULED TRIBES, THE SOCIALLY
AND EDUCATIONALLY BACKWARD CLASSES, ECONOMICALLY WEAKER
SECTIONS, WOMEN, PERSONS WITH DISABILITY, MERITORIOUS SPORT
PERSONS, ETC TO TEACHERS’ CADRE IN STATE EDUCATIONAL
INSTITUTIONS, MAINTAINED OR AIDED BY THE STATE GOVERNMENT,
AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL
THERETO.
Be it enacted by Legislature of the State of Andhra Pradesh in the
Seventy second year of the Republic of India as follows:-
1.Short title extent, commencement and application:-(1) This Act may be
called the Andhra Pradesh State Educational Institutions (Reservation in
Teachers’ Cadre) Act, 2021.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on such date as the
Government may, by notification in the Andhra Pradesh Gazette, appoint.
2. Definitions:-In this Act, unless the context otherwise requires,-
(1) “Government means” the State Government of Andhra
Pradesh;
(2) “branch of study” means a branch of study leading to
three principal levels of qualifications at bachelors
(undergraduate), masters (post graduate) and doctoral
levels;
(3) “State Educational Institution” means,-
(i) a University established under State Act except
Private Universities;
(ii) an institution maintained by or receiving aid
from the State Government, whether directly or
indirectly and affiliated to an institution
referred to in sub-clause (i);
(4) “direct recruitment” means the process of appointing
teachers by inviting applications against public
advertisement from persons eligible to teach in a State
Educational Institution in the State;
(5) “faculty” means the faculty of a State Educational
Institution;
(6) “sanctioned strength” means the number of posts in a
teachers’ cadre sanctioned by the competent authority
with the approval of the Government;
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(7) “Scheduled Castes” means the Scheduled Castes notified
under article 341 of the Constitution of India;
(8) “Scheduled Tribes” means the Scheduled Tribes notified
under article 342 of the Constitution of India;
(9) “socially and educationally backward classes” means
such backward classes as are so deemed under article
342A of the Constitution of India;
(10)“economically weaker sections” means such weaker
sections as are referred to inExplanation to clause (6) of
article 15 of the Constitution;
(11) “Person with disability” defined under the Rights of
Persons with Disabilities Act, 2016, as a person with long
term physical, mental, intellectual or sensory impairment
which, in interaction with barriers, hinders his full and
effective participation in society equally with others
(Central Act 49 of 2016);
(12) “teachers’ cadre” means a class of all the teachers of a State
Educational Institution maintained or aided by the State
Government regardless of the branch of study or faculty,
who are remunerated at the same grade of pay, excluding
any allowance or bonus.
3. Reservation of posts in recruitment by State Educational Institutions:-
(1) Notwithstanding anything in any other law for the time being in force, there
shall be reservation of posts in direct recruitment out of the sanctioned strength
in teachers’ cadre in a State Educational Institution maintained or aided by the
State Government; to the extent and in the manner as may be specified by the
State Government by notification in the Official Gazette.
(2) For the purpose of reservation of posts, sanctioned strength for a State
Educational Institution or a class of State Educational Institutions under the
control of an authority or management, that is competent for recruitment in
those State Educational Institution(s), shall be regarded as a single unit.
Explanation:- In section 3(2), single unit means,-
(a) University OR
(b) In case of Rajiv Gandhi University of Knowledge Technologies
(RGUKT), established under the Rajiv Gandhi University of
Knowledge Technologies Act, 2008, it will apply for each category
of post sanctioned for classes after 10+2 OR (Act No.18 of 2008);
(c) all Government Degree Colleges in a zone under the
Commissionerate of Collegiate Education OR
(d) the class of Government funded State Educational Institutions
under the concerned Head of the Department whether
Commissionerate / Directorate in each unit of appointment OR
(e) any State Educational Institution(s) under a management and
aided by the Government.
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(3) The department/subject within a unit shall be arranged in
alphabetical order for each cadre for the purpose of identifying a roster point
for reservation as notified by the Government from time to time.
4. Power to issue directions:-The Government may, by notification, issue
directions to carry out all or any of the purposes of this Act.
5. Power to remove difficulties:-  (1) (1) If any difficulty arises in giving effect
to the provisions of this Act, the Government may, by order published in the
Andhra Pradesh Gazette, make provisions not inconsistent with the provisions
of this Act, as appear to it to be necessary or expedient for removing the
difficulty:
Provided that no such order shall be made under this section after the
expiry of three (3) years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made,
be laid before the State Legislature.
6. Laying of notifications before the  Legislature of the State:-Every
notification made under this Act shall, immediately after it is made, be laid before
the Legislature of the State, if it is in session and if it is not in, in the session
immediately following for a total period of fourteen (14) 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 of the State agrees in making any modification in the notification or in
the annulment of the notification, the notification shall, with effect from the date
on which the modification or annulment in the Andhra Pradesh Gazette 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.

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