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

THE TELANGANA 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 TELANGANA REGULATION OF RESERVATIONS FOR 
APPOINTMENTS TO PUBLIC SERVICES ACT, 1997.1 
 
ACT No.24 OF 1997. 
 
1. (1) This Act may be called the 2Telangana 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. In this Act, unless the context otherwise requires,- 
 
 (a) “Backward Classes”  means any soc ially and 
educationally backwar d 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 of 
2Telangana; 
 
 (c) “Notification” means a notification published in the 
2Telangana Gazette and the term „ notified‟ shall be 
construed accordingly; 
 
 (d) “Public Services”  means, services in any office or 
establishment of,- 
 
                                                           
1. The Andhra Pradesh Regulation of Reservations for Appointments to 
Public Services Act, 1997 received the assent of the Governor on the 
19th August, 1997. The said Act in force in the combined State, as on 
02.06.2014, has been adapted to the State of Telangana, under section 
101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 
2014) vide. the Telangana Adaptation of Laws Orde r, 2016, issued in 
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
Short title and 
commencement. 
Definitions. 
2  [Act No.24 of 1997] 
  (i) the Government; 
 
  (ii) a local authority i.e., 
 
   (a) a Gram Panchayat, 
 
   (b) a 3[Mandal Praja Parishad] or a 3[Zilla Praja 
Parishad] established under the 4Telangana Panchayat Raj 
Act, 1994, 
 
   (c) a Municipality constituted under the 5Telangana 
Municipalities Act, 1965, and 
 
   (d) Municipal Corporation established under the 
relevant law, for the time being in force, rel ating 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 s ocieties 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; 
                                                           
3. Substituted by Act No.41 of 2006. 
4. Adapted in G.O.Ms.No.9, PR&RD (Manda l) Department, dated 
12.09.2014 and now may see in the Telangana Panchayat Raj Act, 2018 
(Act No.5 of 2018). 
5. Substituted by G.O.Ms.No.142, Municipal Administration & Urban 
Development (A2) Department, dated 29.10.2015. 
[Act No.24 of 1997]  3 
 (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 Wome n in the Special Rules applicabl e to any 
particular service or the General Rule 22 of the Telangan a 
State and Subordinate Service Rules, as the case may be; 
 
 (f) “Scheduled Castes and S cheduled 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. 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. 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. (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 
Regulation of 
recruitment. 
Salary bills not to 
be passed. 
Penalties. 
4  [Act No.24 of 1997] 
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 6Telangana State Audit Act, 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. 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 service s 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 
                                                           
6. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
Bar for 
regularisation of 
services. 
Act 9 of 1989. 
[Act No.24 of 1997]  5 
removal of employees but shall only be deemed to be 
termination simplicitor, not amounting to any punishment. 
 
7. For the purpose of enforcing the pr ovisions 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 be deemed that he is guilty of misconduct 
for proceeding under the relevant disciplinary rules. 
 
8. Notwithstanding anything contained in a ny 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 in stituted, 
maintained or continued in any court, tribunal or other 
authority, against the Government or any person or authority 
whatsoever for reqularisation 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. (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 Schedule d 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 
Abatement of 
claims. 
Power to give 
directions. 
Prohibition of 
appointment of 
others. 
6  [Act No.24 of 1997] 
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 op eration of rule of reservation 
and to appoint any other person in such a manner as may 
be prescribed. 
 
10. (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 cour t shall take cognizance of an offence 
punishable under this section except with the previous 
sanction of the Government. 
 
11. Whoever abets any offence punishable under this Act 
shall be punished with the punishment provided f or in  this 
Act for such offence. 
 
12. (1) Where an  offence against any of the pro visions of 
this Act or any rule made thereunder has been committed 
by a  company, ever y 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. 
 
 
Offences and 
punishments. 
Penalty for 
abetters. 
Offences by 
Companies. 
[Act No.24 of 1997]  7 
 (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 7the 
Companies Act, 1956 and includes a University, a firm, a 
society or other association of individual; 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. 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. No suit, prosecution or other legal proceedings shall lie 
against any person for anything which is done in good fai th 
                                                           
7. See now the Companies Act, 2013 (Central Act 18 of 2013). 
Protection for the 
bonafide Acts. 
Central Act 1 of 1956. 
Bar of jurisdiction 
of Civil Courts. 
8  [Act No.24 of 1997] 
or intended to be done in pursuance of this Act or the rules 
made thereunder. 
 
15. The provisions of this Act shall have effect, 
notwithstanding anything contained in any other law for the 
time being in force or any judgement, decree or order of any 
court, tribunal or other authority. 
 
16. (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, immed iately 
after it is made, be laid before the Legislature 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 Legislature 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. 
 
* * * 
Act to override 
other laws. 
Power to make 
rules. 

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