Irrigation - minor Irrigation - Transfer of minor irrigation schemes having an ayacut between 100 to 200 acres in in Andhra region to Irrigation department along with staff and budget- Orders issued.
Government, in the G.O. read above issued orders to the effect that all the Minor Irrigation sources in Telangana area having an ayacut between 100 to 200 acres presently being maintained under the control of Chief Engineer Minor Irrigation should be transferred to the control of Chief Engineer, Panchayat Raj along with corresponding staff and budget provision in order to bring uniformity in regard to the maintenance of Minor Irrigation sources in the region of Andhra and Telangana
2.
The Chief Engineer Minor Irrigation and Chief Engineer, Panchayat Raj were requested to workout mutually the details in this regard and take necessary action giving effect to the above orders.
3. There were representations for reconsideration of the orders referred to above. The government having re-examined the issue danovo have now decided to transfer the maintenance of all Minor Irrigation sources having an ayacut of above 100 acres to the control of Minor Irrigation Department. It has also been decided that details regarding transfer of financial provisions and staff shall be worked out between irrigation and Panchayat Raj Depts.
4. In view of the decision in para 3 above, the Government hereby direct that the maintenance of all Minor Irrigation sources having an ayacut of above 100 acres be transferred from the control of Panchayat Department to the control of Irrigation Department fortwith.
5. The revised control of Minor Irrigation sources for their maintenance as per orders in para 4 above shall be as follows in the state as a whole:
The minor irrigation sources having an ayacut up to 100 acres shall be under the control of Chief Engineer, Panchayat Raj Department.
The minor irrigation sources having an ayacut of above 100 acres shal be control of the Chief Engineer Minor Irrigation Department.
6. The Chief Engineer, Medium and Minor Irrigation and the Chief Engineer Panchayati Raj are requested to workout the details of financial provisions and staff and take necessary action for giving effect to the above directions and submit necessary compliance report to Government immediately.
7.
This order issues with concurrence of Panchayati Raj Department wide their U.O.No. Nil. dated 14.6.1983 and Fin. & Plg.(Fin.Exp.PW) Department vide their U.O.No. 1505/620/Exp.PW/83) dated 17-6-1983.
( BY ORDER AND IN NAME OF GOVERNOR OF ANDHRA PRADESH )
K.V. NATARAJAN,
SECRETARY TO GOVERNMENT.
To
The Chief Engineer M.I. Hyderabad. All sections of Irrigation Department
Rules- rules relating the lease of fishery rights in minor irrigation tanks tanks and other sources wasted Hindi gram panchayat under AP gram panchayat act 1964 confirmed.
--------------------------------------------------------------------
Panchayati Raj (services-I) Department
G.Ms.No. 343.
dated 10th April 1978.
Read the following:-
G.Ms.No. 336 Panchayati Raj (Samithi,I) Department dated 24-6-1977
O R D E R :
In the G.O. read above draft rules relating to leasing fishery rights in minor irrigation tanks, tanks and other sources vested in the gram panchayat have been issued and the same were published at pages 5 to 7 of the rules supplement to the part VIIth of AP gezett dated 8th September 1997. The government revised received to above certain suggestions and objections to the draft rules referred to above and they were examined and modified wherever required. The draft rules as modified or hereby confirmed.
2. The director of panchayat Raj printing sharma stationery printing commerce stationary and stores purchases is requested to cause publication of the notification Hindi Andhra Pradesh gadget immediately and furnish 650 copies of the gadget notification to the government. In panchayat Raj department for laying them on the table of both houses of the state legislature.
( BY ORDER AND IN THE NAME OF GOVERNOR OF ANDHRA PRADESH )
T GOPAL RAO,
DEPUTY SECRETARY TO GOVERNMENT
To The Director of Fisheries Hyderabad.
//true copy //
Contd.Page.2
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NOTIFICATION
In exercise of the powers conferred by clause (b) of subsection (1) of section 65 and subsection (2) of Section 8 read with subsection (1) of section 217 of the Andhra Pradesh Gram Panchayat Act 1964 (A.P. Act 2 of 1964) and is supersession of rules issued in G.O.Ms.No.525,panchayat Raj (Panchayats- IV) Department dated 20th June 1967 and publish at pages 99 to 100 of the rules supplement to part VII of the A. Gzete dated 20th July 1967, the Governor of Andhra Pradesh hereby makes the following rules relating to leaseing of fishery rights in Minor Irrigation tanks,and other sources belonging to vest gram panchayat under the AP gram panchayat act 1964, the draft of the same having been previously published at pages 5 to 7 of the rules supplement to part to VII of the AP Gezete dated 8th September 1977 as required by subsection (3) of section of the said Act.
The gram panchayat shall develop fisheries in Minor I,rrigation tanks and tanks or other sources vested in or belonging to it, by purchasing seed from the fisheries department.
Before the fishery rights in the tank are other sources leased out are auctioned by the gram panchayat the executive authority of the gram panchayat shall make an application to the Divisional Panchayath Officer concerned duly furnishing here with the particulars of revenue received on such lease of minor irrigation tanks and tanks are other sources during the past 5 years together with the cost and quantity of the seed charged and other relevant factors to fix and the upset price.
The Divisional Panchayat Officer, shall within five days from the date of receipt of the application referred to in clause (a) above fix and upset price duly considering the revenue of the same to the executive authority and the to the extension officer (panchayats)concerned
Contd. Page.3
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3.
The gram panchayat shall release out except sources set apart for washing up clothes by the local washerman, the rights of fishing in Minor Irrigation tanks and other tanks vested in it under Class B of subsection 85 of the AP gram panchayat Act, 1964 (hereafter call the Act) without publication to the fishermen cooperative society of the local area
The gram panchayat shall lease out the rights of fishing in the tanks setup apart for washing of cloths under clause (a) of subsection (1) of section 86 of the Act, to the local rajaka seva sangham without public action auction.
The gram panchayat shall lease out rights of fishing in the tanks lying in the scheduled areas only to the fishermen cooperative societies consisting of scheduled tribe as members, or in the absence of the above to the members of the scheduled tribes only through open auction.
The executive authority of the gram panchayat immediately on receipt of the intimation referred to under Class (b) of rule 2 from the Divisional Panchayat Officer, shall send an intimation by registered post acknowledgement due to the fishermen cooperative society concerned or rajaka seva sangam, as the case may be, requesting them to give there acceptance before 15 days from the date of receipt of the intimation, whether the said cooperative society or the rajya seva sangam could take out the lease at the rate fixed by the Divisional Panchayat Officer,
The executive authority of the gram panchayat immediately on receipt of the intimation referred to under Class (b) of rule 2 from the divisional panchayat officer, shall see the executive authority on receipt of the acceptance of the fisherman cooperative society or Rajaka seva sangam, shall let out the fishing rights to the said cooperative society or the Rajak seva sangam the case may be immediately and place the matter before the gram panchayat at its next meeting for ratification.
The gram panchayat shall lease out weeds and reads in the Minor Irrigation tanks are other tanks vesting in it under section 65 and 85 of the Act, to the local Girijan Societies only and it should adhere to rule 2 rule in fixing the upset price to follow procedure laid down in clauses (b) and (c) of rule 2 and rule 5 of these rules in the leasing the rights. These leases should be permitted to enjoy the lease before exploitation of the fish by the fishermen cooperative society or the rajaka seva sangam.
Contd. Page.4
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4.
In case of the fishermen cooperative society of the local area or rajaka sangam has not communicated the acceptance with reference to the officer made to it to take out the lease, the Executive Authority shall lease out the right of the fishery rights of the fishing by public auction taking into account the upset price fixed by the Divisional Panchayat Officer.
The Executive Authority shall fix suitable date and place of public auction and shall give wide publicity to it by beat of drum and other means of publicity in and round village so that to attract maximum number of bidders. He shall also intimate the same to the extension officer (Panchayats)concernd either by certificate of posting or by registered post so as to reach him not less than 7 days prior to the date of auction marking a copy of the same to Divisional Panchayat Pfficer.
The executive authority shall conduct the auction at the appointed time date and place, if the Extension Officer (Panchayat) is present at that place he shall authenticate the sale in the presence of the bidders, if he is satisfied with the highest bid amount. If the Extension Officer (Panchayats) is not present at the place of such auction the Executive Authority shall send the details of the auction to him to authenticate the sale. The Extension Officer (Panchayats) on receipt of such particulars not later than 7 days from the date of receipt shall communicate his approval. If such approval is not received from Extension Officer (Panchayats) within the time limit fixed above, the Executive Authority should lease out the fishing rights to the highest bidder and place the matter before the gram panchayat in its next meeting for ratification.
5. Fishery rights shall be leased out annually in case of open auction and for periods not exceeding 3 years at a time in all these lease is given to fishermen cooperative societies or rajaka sangram's as the case may be the rentals shall be collected in equal annual installments before permitting the lease of fishery rights
rental for that year.
Rajiv Gandhi Panchayat Sashakthikaran Abhiyan (RGPSA) - Conduct of Gram Sabhas – Participation of all Field Level Functionaries connected with the discharge of functions/ implementation of programmes/activities pertaining to 29 Subjects entrusted to Panchayat Raj Institutions under the Constitution (73rd Amendment) Act – Orders - Issued.
GENERAL ADMINISTRATION ( GENERAL / LEGISLATURE COORDINATION) DEPARTMENT
From the Commissioner, Panchayat Raj & Rural Employment, Hyderabad Letter No.3806/D3/2009, dated.20.9.2013 & 30.9.2013
****
ORDER
Article 243(A) of the Constitution of India has enabled the State Legislatures to empower Gram Sabha by endowing them with certain statutory powers. Sections 45, 161 and 192 of the APPR Act 1994 have entrusted certain specific functions to Panchayat Raj Institutions as mentioned in Annexure-I. Gram Sabha is a constitutional body and the nucleus of democratic power in the local governance system; it is the basic unit for village development and decentralised planning. Gram Sabha acts as a platform for peoples' participation, maintains surveillance of various development activities implemented in the village(s), raises issues relating to the village(s) concerned, and ensures transparency and accountability in the functioning of Panchayat Raj Institutions and line departments at the grassroots level. Also the most appropriate and effective institution at the village level for conducting social audit of activities undertaken by Government Departments/Organisations and Panchayat Raj Institutions is Gram Sabha. When empowered, the Gram Sabha is capable of ushering in a culture of transparency and accountability in government at the local level by acting as “Village Level Platform for Transparency, Accountability and Convergence” for planning and implementation of socio-economic development and welfare programmes.
2. In the reference 2nd read above, the Commissioner, Panchayat Raj & Rural Employment, Andhra Pradesh, Hyderabad has submitted proposals duly stating that in Andhra Pradesh every Gram Panchayat shall statutorily convene the Gram Sabha at least twice in a year. Two common dates namely 14th April and 3rd October in a year are fixed for conduct of Gram Sabha meeting as per APPR Act 1994 wherein the Sarpanch of the Gram Panchayat shall convene the Gram Sabha meeting. However, in pursuance of the instructions from Government of India, circular instructions have been issued by Commissioner, Panchayat Raj to all District Panchayat Officers to conduct Gram Sabhas 4 times in a year i.e., on 1) 2nd January, 2) 14th April 3). 1st July and 4) 3rd October vide Commissioner, PR&RE Office Memo.No.3806/CPR& RE/D2/2009 dated:06.06.2011.
3. In pursuance of Article 243 (A) of the Constitution of India, the Gram Sabha is incorporated under Section 6 of APPR Act 1994. As per the said Section, the subjects for discussion in the Gram Sabhas are as follows:
Annual statement of accounts and audit report;
Report on administration of the preceding year;
Programme of works for the year or any new programme not covered by the budget or the annual programme;
Proposals for fresh taxation or for enhancement of existing taxes;
Selection of schemes, beneficiaries and locations; and
Such other matters as may be prescribed.
In addition to the items listed above, the following matters are also to be placed before the Gram Sabha in terms of orders issued in the G.O. 1st read above.
Contd. Page. 2.
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Village agricultural production plans;
Work of village volunteer force;
Utilization of land development funds;
Work of Cooperatives;
Particulars of location of common lands in villages i.e., porambokes vesting in Panchayats and other relevant particulars;
Particulars of transfers of ownership of houses and other immovable properties;
Copy of the approved budget estimates of the Gram Panchayat;
Copy of the audit report on the accounts of the Gram Panchayat; and
List of defaulters, who are in arrears of payment of taxes and fees due to the Gram Panchayat.
4. Further, the Commissioner, Panchayat Raj & Rural Employment Department has stated that in pursuance of the 73rd Amendment to the Constitution of India, 29 general powers and functions have been entrusted to the Panchayat Raj Institutions under Sections 45, 161, and 192 of APPR Act 1994. As part of the devolution of powers to Panchayat Raj Institutions, certain other functions have already been devolved to these institutions by the respective line departments and orders to that effect have been issued as in Annexure.II.
5. Despite the Constitutional mandate and specific orders on devolution of powers to Panchayats, the effective discharge of transferred functions/subjects/activities at the village level are not being monitored or reviewed by the Heads of Departments effectively. Government felt that there is need to make all out effort to empower the Gram Sabha with a view to ensuring that government programmes and schemes reach the people. As a first step to ensure effective community participation in development and welfare activities undertaken by the Government at the Gram Panchayat level, the concerned field level functionaries of all line departments/organisations should participate in and be made accountable to the Gram Sabha. This step will go a long way in realising the goal of Gram Sabha being a “Village Level Platform for Transparency, Accountability and Convergence” for all socio-economic development and welfare programmes of State and local governments.
6. In exercise of the powers conferred under Section 268 read with Sections 6, 45, 161 and 192 of Andhra Pradesh .Panchayat Raj Act 1994 and in pursuance of the orders issued on devolution of powers to Panchayat Raj Institutions, the Govt. hereby direct that the grassroots level functionaries of all Departments mentioned in the Annexure.III must participate in the Grama Sabha held by the respective Gram Panchayats in their jurisdiction along with status notes, action plans and physical and financial progress reports as designed by the respective line departments for various activities mentioned in the Annexure III. This will ensure effective peoples' participation, keep surveillance over quantity and quality of works, raise issues pertaining to the village(s) concerned and ensure transparency and accountability in implementation of socio-economic development programmes as per the provisions of Constitution of India, APPR Act 1994 and the rules issued by various Government Departments thereunder. The Gram Sabha, under guidelines of Central and State schemes issued, if any, should be conducted under the provisions of Section 6 of Andhra Pradesh .Panchayat Raj Act 1994 only. All the respective Heads of the Departments and the District Collectors should ensure the participation of field level functionaries in the Gram Sabha as ordered above. District Collectors, Joint Collectors, Additional Joint Collectors, Chief Executive Officer, Zilla Parishad, other District Officers, Divisional Officers and Mandal level Officers shall make effort to attend some Gram Sabha meetings to spread the message that the Government accords utmost importance to the strengthening of Panchayats.
7. Since four Gram Sabhas are to be held in each Gram Panchayat, the respective village level/field functionaries of the concerned Departments shall furnish information on various aspects of their functioning to Panchayat Secretaries as follows in addition to the information demanded by the Members of Gram Sabha:
Contd. Page. 3.
:: 3 ::
1st Gram Sabha (14th April):
Status of Programmes/Activities implemented in the previous financial year (Physical and Financial Progress); Report on Evaluation/Social Audit conducted, if any; Action Plan and Budget for the current financial year;
2nd Gram Sabha (1st July)
Beneficiaries identified under various development and welfare programmes; public works taken up/ being taken up; Physical and Financial Progress Reports;
3rd Gram Sabha (3rd October)
Progress in implementation of beneficiary-oriented programmes/activities and public works taken up in the village(s) - Physical and Financial Progress Reports, Review of services delivered through Direct Benefit Transfer (DBT), Mid-course corrections effected, if any, etc. ,
4th Gram Sabha (2nd January)
Overall Performance and Impacts of the programmes/ activities undertaken - Evaluation conducted, if any, etc.,
8. The respective field level functionaries of line departments should provide the required information to the Panchayat Secretary concerned at least one week in advance prior to the date of Gram Sabha. The Mandal level officers of the respective departments shall be responsible to ensure the furnishing of required information to the Gram Sabha concerned in time. The Panchayat Secretary will consolidate the entire information and distribute to the members of the Gram Sabha. The Panchayat Secretary should also arrange for videograph of the proceedings of the Gram Sabha as part of the documentation. A photograph of the Gram Sabha should also be uploaded in the website of the Department.
9. Some field level functionaries may need to attend more than one Gram Sabhas in a single day since Village level field officials may have jurisdiction over more than one Gram Panchayat. In order to conduct the Gram Sabhas in a meaningful way, the Extension Officer (PR& RD) and Divisional Panchayat Officer concerned should ensure conducting Gram Sabhas within a week commencing the day as indicated in para 7 above (for example: April14 + 6 days) staggering the date and timing for conduct of Gram Sabhas in such a way that the respective field functionaries would be in a position to attend all Gram Sabhas in his/her jurisdiction.
10. If any of the respective field level functionary fails to attend the Gram Sabha, the resolution of the Gram Sabha to that extent shall be forwarded to the respective disciplinary authority of the department concerned. The respective department should submit action taken report on the Gram Sabha resolution to the Gram Panchayat under intimation to District Collector. The Gram Sabha is constitutionally empowered to plan, review, and monitor the activities of development and welfare departments. Thus, whenever the Gram Sabha raises some issues and suggests improvements, the authorities of the department concerned should take immediate necessary action. They shall place an Action Taken Report before the Gram Sabha through the Gram Panchayat concerned.
11. In order to facilitate the Gram Sabha in a structured manner, Resource Teams shall be constituted at the district and mandal level. The members of the Resource Team may be selected from the Civil Society Organizations (NGOs), Village volunteers, Active Social Workers,etc., as was done in Social Audit teams in Mahatma Gandhi National Rural Employment Generation Scheme. The Resource Teams will assist the Gram Panchayats in mobilizing the people and conducting the Gram Sabha. Selection, Composition of Resource Team, Honorarium, and other logistical support shall be provided by the Commissioner, Panchayat Raj and Rural Employment. The necessary Training to the Resource Teams shall be provided by the AMR-A.P. Academy of Rural Development . The expenditure shall be met from the training funds available with them such as Rajiv Gandhi Panchayat Sasakthikaran Abhiyan, Backward Regional Grant Fund and from other Scheme grants implemented by the line departments, etc.,
Contd. Page. 4.
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12. All Heads of Departments in the State shall take necessary action for effective implementation of the above orders. They shall ensure that all their programmes and works are monitored online through the Habitation Score Card framework and that the relevant physical and financial progress reports are available in the websites of the department to ensure utmost transparency. The Panchayat Raj Department, in association with Information Technology & Communications Department shall ensure that e-Panchayat programme is implemented in all Districts and there is proper interface between e-Panchayat and Habitation Score Card applications. The Commissioner, Panchayat Raj and Rural Employment shall take necessary action for the implementation of this Government Order and give wide publicity to the same. The District Collectors, Chief Executive Officers of Zilla Parishads/District Panchayat Officers shall submit quarterly progress reports on the implementation of this Government Order to Panchayat Raj and Rural Development Department. A summary report showing District-wise details shall be put by Principal Secretary to Government, Panchayat Raj and Rural Development (PR) Department to Chief Secretary to Government every quarter.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
DR.P.K. MOHANTY,
CHIEF SECRETARY TO GOVERNMENT.
To
The Commissioner, Printing, Stationary & Stores Purchase, Chanchal Guda, Hyderabad (with a request to send 10,000 copies of Gazette Notification)
All Special Chief Secretaries/Principal Secretaries/Secretaries/Administrative
Departments in the Secretariat
The Commissioner, Panchayat Raj & Rural Employment Department All Heads of Departments.
The Director General, Centre for Good Governance
The Commissioner, AMR- A.P. Academy of Rural Development, Hyderabad.
All District Collectors in the State with a request to communicate the order to all District and Divisional Officers, including Project Officers of Integrated Tribal Development Agencies.
All Chief Executive Officers of Zilla Parishad in the State All District Panchayat Officers in the State
// :: FORWARDED ;; BY ORDER :: //
SECTION OFFICER
Continued for Annexure.I
Contd. Page. 5.
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ANNEXURE-I
(A) Powers, Functions and Property of Gram Panchayats (Sec.45 of A.P.Panchayat
Raj Act )
Duty of Gram Panchayat to provide for certain matters:-
(1) Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of a Gram Panchayat within the limits of its funds to make reasonable provisions for carrying out the requirements of the village in respect of the following matters, namely:-
The construction, repair and maintenance of all buildings vested in the gram Panchayat and of all public roads in the village (other than the roads vested in the Mandal Parishad and Zilla Parishad and the roads classified by the Government as National and State Highways) and of all bridges, culverts, road, dams and causeways on such roads;
The lighting of public roads and public places.
The construction of drains and their maintenance and the disposal of drainage water and sullage;
the cleaning of streets, the removal of rubbish heaps, jungle growth and prickly-pear, the filling in of the disused wells, insanitary ponds, pools, ditches, pits or hollows and other improvements of the sanitary condition of the village;
the provision of public latrines and arrangements to clean latrines, whether public or private;
the opening and maintenance of cremation and burial-grounds, and the disposal of unclaimed dead bodies of human beings or of animals;
preventive and remedial measures connected with any epidemic or with malaria;
the sinking and repairing of wells, the excavation, repair and maintenance of ponds or tanks and the construction and maintenance of water works, for the supply of water for washing and bathing purposes and of protected water for drinking purposes;
the conservation of manorial resources, preparation of compost and sale of manure;
the registration of births and deaths;
the establishment and maintenance of cattle ponds; and
all other mattes expressly declared obligatory by or under this Act or any other law.
Apart from the matters specified in sub-section (1), the Government may, subject to such rules as may be made in this behalf entrust the gram Panchayats with any functions in relation to the subjects specified in Schedule-1.
The Gram Panchayats shall do resource planning at village level.
No suit for damages for failure or for enforcement of the duty to make provision in respect of any of the matters specified in sub-section (1) shall be maintainable against any gram Panchayat, executive authority, officers or servants of the gram panchayat.
Contd. Page. 6.
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(B) Powers and functions of the Mandal Parishad (Sec.161 Schedule .II of
A.P.Panchayat Raj Act)
1. Community Development:
The execution of all programmes under Community Development in association with
Panchayats, co-operative societies, voluntary organizations and the people.
2. Agriculture:
The doing of everything necessary to step up agriculture Production and in particular,-
multiplication and distribution of improved seeds;
distribution of fertilizers;
popularization of improved techniques, methods and practices and improved implements;
achieving self-sufficiency in green manure and composting of farm-yard manure;
encouraging fruit and vegetable cultivation;
reclamation of land and conservation of soil;
providing credit for agricultural purposes;
propagating and assisting in plaint protection methods;
laying out demonstration plots and working out better methods of farm managements;
bringing more acreage under irrigation by renovating and sinking wells, repairing and digging private tanks and maintaining Government minor irrigation sources and supply channels;
Utilizing more power for agricultural purposes;
exploiting underground water sources by sinking wells, filter points and tube wells;
tree planting;
Growing of village forests.
3. Animal Husbandry and Fisheries:
Upgrading local stock by introducing pedigree breeding bulls and castrating scrub bulls;
Introducing improved breeds of cattle, sheep, pigs and poultry;
Controlling contagious diseases by systematic protection;
Introducing improved fodders and feeds;
Establishing and maintaining of artificial insemination centres, first aid centres and minor veterinary dispensaries;
Educating the people about the importance of better cattle for both milk and draught;
Contd. Page. 7.
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4. Health and Rural Sanitation:
Expanding existing medical and health services and bringing them within the reach of people.
Establishing and maintaining Primary Health Centres and Maternity Centres
Providing protected drinking water facilities.
Ensuring systematic vaccination.
Controlling epidemics.
Providing drains and soakage pits for village and house drainage.
Encouraging the use of sanitary type of latrines and utilizing human waste
Popularising of smokeless chullas.
Supervising the work in Government Hospitals.
Enlisting people’s participation for the improvement of such hospitals.
Securing the co-operation of the people and the Panchayats during epidemics.
Carrying out environmental Sanitation campaigns and educating the public in (a) nutrition, (b) maternity and child health (c) communicable diseases and (d) family planning and the like.
Implementing health programme subject to the technical control of concerned district officers.
5. Education:
Maintenance and expansion to Elementary and Basic Schools and in particular,-
Management of Government and taken over Aided Elementary and Higher
Elementary Schools;
Establishment of Adult Education Centres and Adult Literacy Centres;
Provision and improvement of accommodation for schools with people’s participation;
Conversion of existing Elementary Schools into Basic Schools; and
Taking of such action as may be necessary for the promotion of education for all children until they complete the age of fourteen years.
6. Social Education: The creation of new outlook among the people and making them self-reliant, hard working and responsive to community action and in particular –
Establishment of information community and recreation centre;
Establishment of Youth Organization, Mahila Mandals, Farmer clubs and the like;
Establishment and popularization of libraries;
Organization of watch and ward;
Encouragement of physical and cultural activities;
Organization of voluntary sanitary squads;
(vii) Training and utilization of the services of Gram Sahayaks.
Contd. Page. 8.
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7. Communications:
Formation and maintenance of inter village roads:
Rendering such assistance as may be necessary for the formation and maintenance of village Roads which serve as feeders.
8. Co-operation:
The securing of economic development along democratic lines by the application of co-operation in its infinitely varying forms and in particular,-
Establishment of Co-operative credit, industrial, Irrigation, Farming and Multipurpose Societies in order to serve the maximum number of families.
Encouragement of thrift and small savings;
9. Cottage Industries: Development of cottage, Village and Small Scale Industries in order to provide better employment opportunities and thereby raise the standard of living and in particular,-
The establishment and maintenance of production cum-training centres;
The improvement of the skills of artisans and craftsmen;
The popularization of improved implements; and
Implementation of schemes for the development of Cottage, Village and Small Scale Industries financed by the Khadi and Village Industries Commission and the All India Boards.
10. Women Welfare:
The implementation of schemes specially designed for Welfare of women and children and in particular the establishment of Women and Child Welfare Centres, Literacy Centres, Crafts and Dress making Centres and like.
11. Social Welfare:
The management of hostels subsidized by Government for the benefit of Scheduled Tribes, Scheduled Castes and Backward Classes;
The implementation of Rural Housing Schemes:
The maintenance of diseased beggars and control of vagrancy;
The strengthening of Voluntary Social Welfare Organizations and Co- ordinating their activities:
The propagation of temperance and prohibition; and
The removal of untouchability;
12. Emergency Relief:
Provision of emergency relief through voluntary efforts in case of distress owing to fires, floods, epidemics and other vide spread calamities.
Contd. Page. 9.
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13. Collection of Statistics:
Collection and compilation of such statistics as may be found necessary either by the Mandala Parishad, the Zilla Parishad or the Government.
14. Self-Help Programme:
Formulation and execution of suitable programmes for stepping up production and for raising the incomes and standards of living for the improvement of sanitation and for the provision of amenities for the people.
15. Trusts: Management of trusts for the furtherance of any purpose to which the funds of the Mandala Parishad may be applied.
(C) Powers and functions of the Zilla Parishad (Sec.192 of APPR Act 1994)
Every Zilla Parishad shall exercise such powers and perform such functions as may be entrusted to it by rules made in this behalf with regard to the subjects enumerated in the First Schedule. The Zilla Parishad shall also have the power to,-
examine and approve the budgets of Mandal Parishads in the district;
distribute the funds allotted to the district by the Central or State Government among the Mandal Parishads and Mandals in the district for which Mandal Parishad are not constituted;
co-ordinate and consolidate the plans prepared in respect of the Mandals in the district and prepare plans in respect of the entire district;
secure the execution of plans, projects, schemes or other works either solely relating to the individual Mandals or common to two or more Mandals in the district;
supervise generally the activities of the Mandal Parishads in the district;
exercise and perform such of the powers and functions of the District Board including the powers to levy any tax or fees, as may be transferred to it under this Act;
exercise and perform such other powers and functions in relation to any development programme as the Government may by notification confer on or entrust to it.
Advise Government on all matters relating to developmental activities and maintenance of services in the district, whether undertaken by local authorities or Government.
Advise Government on the allocation of work among gram Panchayats and Mandal Parishads and co-ordination of work between the said bodies and among the various gram Panchayats themselves;
Advise Government on matters concerning the implementation of any statutory or executive order specially referred by the Government to the Zilla Parishad;
Collect such data as it deems necessary;
Publish statistics or other information relating to the activities of the local authorities;
Require any local authority to furnish information regarding its activities;
Accept trusts relating exclusively to the furtherance of any purpose for which its funds may be applied;
Establish, maintain or expand secondary, vocational and Industrial schools;
Borrow money for carrying out the purposes of this Act with the previous approval of the Government and subject to such terms and conditions as may be prescribed.
The Zilla Parishad may, with the approval of the Government levy contributions from the funds of the Mandal Parishads in the district.
DR.P.K. MOHANTY,
CHIEF SECRETARY TO GOVERNMENT
Continued for Annexure-II
Contd. Page. 10.
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ANNEXURE-II
Sl.No
Subject
Department concerned.
G.O. No. & Date
1.
Agriculture, including agriculture extension
Agriculture
G.O.Ms.No.1 A&C (FP.II) dt 1.1.2008
2.
Land Improvement, implementation of land reforms, land consolidation and soil conservation
Revenue
G.O.Ms.No. 266
Revenue (Assn.I) dated
30.3.1999
3.
Minor Irrigation, water management and watershed development
PR&RD (RD) Dept.
1. G.O.Ms.No.571 PR
(RD.III) Dept dt 26.12.2007
4.
Animal Husbandry, dairying and poultry
AHDD&F
G.O.Ms.No.106
AHDD&F(AH.I) dt
31.12.2007
5.
Fisheries
Fisheries
G.O.Ms.No.105
AHDD&F(Fish.II) dt
31.12.2007
6.
Social Forestry and farm forestry
EFST(For)Dept
G.O.Ms.No.50 EFST
(For.III) dt 23.2.2004
7.
Khadi, village and cottage industries
Industries &
Commerce Dept
G.O.Ms.No. 97
I&C(Tex.) Dept
Dated 31.3.1999
8.
Drinking Water
PR&RD (RWS)
Dept
G.O.Ms.No. 569 PR (RWS.I) dt 22.12.2007
9.
Fuel and fodder
EFST Dept
G.O.Ms.No.51 EFST
(For.III) dt30.3.1999
10.
Roads, culverts, bridges, ferries, waterways and other means of communication
Welfare of the weaker sections, and in particular, of Scheduled Castes and the Scheduled Tribes
Social Welfare Dept
G.O.Ms.No. 138
SW(Ser.I) Dept dt
24.12.2007
Social Welfare Dept
G.O.Ms.No. 25 SW
(OP.A1) dept dated
31.3.1999
Backward Class Welfare Dept
G.O.Ms.No.35
BCW(B.2) Dept dt
24.12.2007
22.
Public Distribution System Food,Civil
Supplies and CA
Dept
G.O.Ms.No. 77
FCS& CA (CS.I) Dept
dt 6.8.1998
23.
Maintenance of Community assets
Revenue
G.O.Ms.No. 266
Revenue (Assn.I) dated
30.3.1999
DR.P.K. MOHANTY,
CHIEF SECRETARY TO GOVERNMENT
Continued for Annexure.III
Contd. Page. 12.
:: 12 ::
ANNEXURE- III
Activities to be reviewed in Gram sabha
Sl. No
Subject mentioned in Schedule 11 of
constitution of India and APPR Act 1994
Functionary
Responsible at Village Level
Activities that can be reported to Gram Sabha by village level functionary
1
2
3
4
1
Agriculture, including agricultural extension.
Agriculture Extension Officer/ Adarsha Rythus
Quantity of Seed Received, Distributed and availability of seed in APSEEDS and with private vendors
Village Agriculture action Plan, Type and extent of Crops- Khariff, Rabi
Details of farmers field schools organized in the village or villages nearby
Information about HYV, innovative technologies etc., information about probable incidence of disease/pests /rodents
Progress of Subsidy Schemes- Farm mechanization and agriculture implements,
Survey no. wise crop damage particulars in case of any cataclysmic activity Information about Availability of Fertilizer in Fertilizer shops, Report on the Demand and Supply of Fertilizers, Pesticides, Insecticides. Information about spurious seeds
Status of Soil Sample Collection, Pest/insect/rodent control measures taken and advises
2
Land improvement, implementation of land reforms, land consolidation and soil conservation.
MGNREGS Field Assistant
Progress of Work Sanctioned, Grounded, ongoing and Completed, Wages Paid etc., Pending Payments.
Identification of new works
Job Card Holders status, New Applications pending, Labour budget, wages paid wage seeker wise, No of days of employment generated
Progress of Individual house hold latrines under Nirmal Bharat Abhiyan tied up with MGNREGS
Recent Guidelines of the Scheme
VRO
Status of Pattadars, Azmoish, Jamabandhi
VRO
Extent of Land distributed to Land less poor-Eligible list of beneficiaries
VRO
No. of House site pattas distributed and No of Eligible beneficiaries
VRO
Status of applications for land revenue records sought, Mutations, etc.,
VRO
No of bank loans mobilized to licensed farmers
VRO
Crop Damage distribution particulars
Contd. Page. 13.
:: 13 ::
Sl. No
Subject mentioned in Schedule 11 of
constitution of India and APPR Act 1994
Functionary
Responsible at Village Level
Activities that can be reported to Gram Sabha by village level functionary
1
2
3
4
3
Minor irrigation, water management and watershed development.
Field Assistant/ Technical Assistant of IWMP Project
Progress of Work Sanctioned, Grounded, Completed, Wages Paid etc..
Status of minor irrigation tanks- area under ayacut, encroachments, condition of the surplus viers, bunds,
Lashkars/watchers
Release of water through canals in areas under assured irrigation
4
Animal husbandry, dairying and poultry.
Live stock assistant/Gopala Mitra
General status of Livestock in the village
Availability of medicines
No of Animals/birds treated for various diseases, vaccinations done to Sheep/Goat/Poultry
Details of AH of Services rendered and the crossbreed calves born Fodder seed distribution particulars, fodder availability status
5
Fisheries
Fisheries
Inspector No of licenses given to fishermen
Selection of beneficiaries under fishermen development schemes- Targets-Achievements-progress of works
Particulars of fish seed supplied to fishermen cooperative societies
Up set price particulars for different tanks under Panchayat Control and Tanks under PWD Dept
Functioning of Fishermen Cooperative Societies
6
Social forestry and farm forestry
Forest Beat Officer/VRO
Extent of Common Property Resources availability-common lands and their utility
Status of functioning of VSS, works taken up by VSS and their current status
Particulars of sites suitable for avenue plantation and survival status of saplings area leady planted
Availability of saplings in Rural Nurseries
Status of Recognization of Forest Rights (ROFR) lands distributed
7
Minor forest produce.
VTDA/GCC sales man
Girijan Cooperative Society (GCC) Rates of Procurement, Payment Particulars to tribals
8
Small-scale industries, including food processing industries.
Panchayat Secretary
Licenses issued by GP for establishing Small Scale industries in the Panchayat Area and their functioning
Contd. Page. 14.
:: 14 ::
Sl. No
Subject mentioned in Schedule 11 of
constitution of India and APPR Act 1994
Functionary
Responsible at Village Level
Activities that can be reported to Gram Sabha by village level functionary
1
2
3
4
9
Khadi, village and cottage industries
Panchayat Secretary
Number of units sanctioned, grounded and functioning -List of defunct industries
Information about various
programmes implemented by KVIB/KVIC
10
Rural housing.
Work Inspector
No of Houses sanctioned, grounded and in Progress under various schemes
No of households eligible for distribution of house sites
11
Drinking water.
RWS Work Inspector/Nirmal Bharat Abhiyan Coordinator/
Pump Operator
Status of Drinking water sources, Quality of drinking water, no of water samples collected, tested and presentation of the report
No of ISLs sanctioned, grounded, ongoing and completed
List of Eligible beneficiaries
Maintenance of OHSR, GLSRs- dates on which the OHSR cleaned
12
Fuel and fodder
VRO/IKP
Staff/VO
Deepam Scheme Review
13
Roads, culverts, bridges, ferries, waterways and other means of communication.
PR Work Inspector/Work Charged Employees of R&B Dept
Status of Village Roads-Internal roads, link roads, works sanctioned, grounded, ongoing and completed
14
Rural electrification, including distribution of electricity
Electrical Linemen
No of houses electrified, no of existing agricultural connections, no of transformers erected and their functioning, status of pending applications for agriculture borewells, Power supply timings
Particulars of availability of Current Poles, conductor wires, transformers etc., progress of civil works
15
Non-conventional energy sources
Panchayat Secretary
No of Bio Gas Plants sanctionedgrounded-completed, functioning, targets etc
No of Smokeless chulhas sanctioned-grounded-completed, functioning, targets etc
No. of Solar lanterns sanctioned-grounded-completed, functioning, targets etc
Act Description : ANDHRA PRADESH (REGULATION OF APPOINTMENTS TO PUBLIC SERVICES AND RATIONALISATION OF STAFF PATTERN AND PAY STRUCTURE) ACT, 1994
Act Details :
ANDHRA PRADESH (REGULATION OF APPOINTMENTS TO PUBLIC SERVICES AND RATIONALISATION OF STAFF PATTERN AND PAY STRUCTURE) ACT, 1994
2 of 1994
An Act to Regulate appointments and prohibit irregular appointments 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 to rationalise the Staff Pattern and Pay Structure of Employees therein and for matters connected therewith or incidental thereto. Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty fourth Year of the Republic of India as follows
Section 1 Short title and commencement
This Act may be called the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994.
It shall be deemed to have come into force with effect on and from the 25th November, 1993.
Section 2 Definitions
In this Act unless the context otherwise requires,
"Competent authority" means the officer or authority specified by the Government by notification to exercise the powers and perform the functions of a competent authority under this Act and they may specify the different authorities for different purposes, different districts and different departments and institutions;
"daily wage employees" means any person who is employed in any public service on the basis of payment of daily wages and includes a person employed on the basis of nominal muster roll or consolidated pay either on full time or part time or piece rate basis or as a work charged employee and any other similar category of employees by whatever designation called other than those who are selected and appointed in a sanctioned post in accordance with the relevant rules on a regular basis;
"Government" means the State Government;
"local authority" means
a Gram Panchayat established under the Andhra Pradesh Gram Panchayats Act, 1964;
a Mandal Praja Parishad or a Zilla Praja Parishad established under the Andhra Pradesh Mandal Praja Parishads, Zilla Praja Parishads and Zilla Pranalika and Abhivruddhi Sameeksha Mandals Act, 1986;
a Municipality constituted under the Andhra Pradesh Municipalities Act, 1965; and
a Municipal Corporation established under the relevant law, for the time being in force, relating to Municipal Corporations;
"Notification" means, a notification published in the Andhra Pradesh Gazette;
"Public Service" means, services in any office or establishment of,
the Government;
a local authority;
a Corporation or undertaking wholly owned or controlled by the State Government;
a body established under any law made by the Legislature of the State whether incorporated or not, including a University; and
any other body established by the 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.
Provided that 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 State Government shall not be deemed to be 'public service' for the purposes of this Act.
"Schedule" means the Schedule appended to this Act.
Contd Page.2
- - 2 - -
Section 3 Prohibition of daily wage appointments and regulation of temporary appoint ments
The appointment of any person in any public service to any post, in any class, category or grade as a daily wage employee is hereby prohibited.
No temporary appointment shall be made in any public service to any post, in any class, category or grade without the prior permission of the competent authority and without the name of the concerned candidate being sponsored by the Employment Exchange.
Section 4 Regulation of Recruitment
No recruitment in any public service to any post in any class, category or grade shall be made except,
from the panel of candidates selected and recommended for appointment by the Public Service Commission College Service Commission where the post is within the purview of the said Commission;
from a panel prepared by any Selection Committee constituted for the purpose in accordance with the relevant rules or orders issued in that behalf; and
from the candidates having the requisite qualification and sponsored by the Employment Exchange in other cases where recruitment otherwise than in accordance with Clauses (a) and (b) is permissible.
Nothing in sub-section(1) shall apply :-
to the compassionate appointments made in favour of a son or a daughter or spouse of any person employed in public service who dies in harness or who retires form service on medical grounds in accordance with the relevant orders issued from time to time.
to the apointments made in favour of a son or a daughter or spouse of any person or a brother or a sister of any unmarried person killed in extremist violence, or in police firing who is not accused of an offence, in accordance with the relevant orders issued from time to time.
to the apointments made in favour of members of Schduled castes or Schduled tribes, who or whose parents or spouse are subjected to atrocites in accordance with the relevant orders issued from time to time.
to any suitable appointments to be made in compliance with assurance bearing number 2488/X/96, Assembly Secretariat dated 10th September, 1996 made on the floor of the Legislative Assembly of the State.
Contd Page.3
- - 3 - -
Section 5 Bills not to be passed
Where an appointment is not in accordance with Section 4, 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 4 is attached to the first salary bill of the appointee concerned.
Section 6 Penalties
Where any holder of an elective office or any officer or authority makes any appointment in contravention of the provisions of this Act,
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
in the case of an officer or authority it shall be deemed that he is guilty of misconduct and the competent authority shall initiate action under the relevant disciplinary rules.
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 against the person, officer or authority who makes such appointment in contravention of the provisions of this Act or where such surcharge is not possible under the said Act in accordance with such manners as may be prescribed including as arrears of land revenue.
Section 7 Bar for regularisation of services
No person who is a daily wage employee and no person who is appointed on a temporary basis under Section 3 and no person who 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 or such person shall be liable to be terminated at any time without any notice and without assigning any reasons:
Provided that the services of those persons continuing on the 25th November, 1993 having completed a continuous minimum period of five years of service on or before 25th November, 1993 either on daily wage, or nominal muster roll, or consolidated pay or as a contingent worker on full time basis, shall be regularised in substantive vacancies, if they were otherwise qualified fulfilling the other conditions stipulated in the scheme formulated in G.O.Ms.No. 212, Finance and Planning (FW.PC.III) Department dated the 22nd April, 1994
Provided also that in the case of Workmen falling within the scope of Section 25 F of the Industrial Disputes Act, 1947, one month s wages and such compensation as would be payable under the said section shall be paid in case of termination of services;
Provided also that nothing in this section shall apply to the Workmen governed by Chapter V B of the Industrial Disputes Act, 1947.
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 or of any other relevant law providing for the dismissal or removal of employees but shall only amount to termination simpliciter, not amounting to any punishment.
Section 7A Abatement of Claim
Notwithstanding any Government order, judgment, decree or order of any Court Tribunal or other authority, no person shall claim for regularisation of service under the first proviso to Section 7 as it was incorporated by the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) (Amendment) Act, 1998 (Act 3 of 1998).
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 for regularisation of services and all such pending proceedings shall abate forthwith;
No Court shall enforce any decree or order directing the Government or any person or other authority whatsoever for regularisation of services.
Contd Page.4
- - 4 - -
Section 8 Power to give directions
For the purpose of enforcing the provisions of this Act, it shall be competent for the Government, the Pay and Accounts Officer, the Director of Treasuries and Accounts, the Director of State Audit, Director of Accounts of the Project Department or any Head of the Department of the Government to issue such directions as they may deem fit to their subordinates and the subordinate shall comply with such directions where any subordinate officer guilty of non compliance with such directions it shall be deemed that he is guilty of misconduct for proceeding under the relevant disciplinary rules.
Section 9 Abatement of claims
Notwithstanding anything contained in any judgment, decree or order of any Court, tribunal or other authority, the claims for regular appointment of all daily wage employees and persons appointed on a temporary basis, shall stand abated and accordingly,
(a) no suit or other proceeding shall be instituted, maintained or continued in any Court, tribunal or other authority by the daily wage or temporary appointees against the Government or any person or authority whatsoever for the regularisation of the 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 services shall abate.
Section 10 Creation of Posts
No post shall be created in any office or establishment relating to a public service without the previous sanction of the competent authority.
Any appointment made to any post created in violation of sub section (1) shall be invalid and the provisions of Sections 5,6 and 7 shall mutatis mutandis apply to such appointments.
Section 11 Review Committees
Within a period of one month from the date of commencement of this Act, the Government shall constitute a committee with an officer not less in rank than a Secretary to Government as the Chairman and such number of members of such rank as they may deem fit, to review,
the existing staff pattern in any office or establishment employing persons belonging to any public service keeping in view the workload of such office or establishment; and
the pay scales, allowances, exgratia, bonus, pension, gratuity and other terminal benefits and perquisites applicable to the post belonging to any public service of such office or establishment (other than the teaching staff of the Universities) keeping in view the qualifications and job requirements of each such post.
After undertaking review under sub section (1) the committee shall submit a report with its recommendations to the Government for such action as may be prescribed by rules made in this behalf.
The Committee shall regulate its own procedure for discharging the functions under this section.
All orders and decisions of the Committee shall be authenticated by the Chairman or a member authorised by him in this behalf.
Explanation:- For the purposes of this Section Secretary to Government includes a Principal Secretary or Special Secretary to Government.
Contd Page.5
- - 5 - -
Section 12 Committee to exercise the powers of the Civil Court
The Committee constituted under Section 11 shall, while discharging the duties under this Act, have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely:
summoning and enforcing the attendance of any person and examining him on oath;
requiring the discovery and production of any document;
receiving evidence on affidavits;
requisitioning any public record or copy thereof from any Court or office; and
issuing commissions for the examination of witnesses or documents.
For purposes of discharging its duties the Committee shall have the right to inspect or cause to be inspected any office or establishment referred to in sub section (1) of Section 11.
Section 13 Offences and punishments
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.
No Court shall take cognizance of an offence punishable under this section except with the previous sanction of the Government.
Section 14 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.
Section 15 Offences by Companies
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 of 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;
Provided that nothing contained in this sub section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due deligence to prevent the commission of such offence.
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 attributable, to any neglect on the part of, any Director, Manager, Secretary or other officer of the Company, shall be liable to be proceeded against and punished accordingly.
Explanation:- For the purpose of this section,
"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
"Director" in relation to,
a "firm" means a partner in the firm;
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.
Section 16 Bar or jurisdiction of Civil Courts
No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.
Section 17 Act to override other law
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.
Section 18 Power to make rules
The Government may by notification, make rules for carrying out all or any of the purposes of this Act.
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 modification 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.
Section 19 Guidelines for interpretation of Act
The Schedule to this Act shall constitute the guidelines for the interpretation and implementation of this Act.
Section 20 Repeal of Ordinance 8 of 1993
The Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Ordinance, 1993 is hereby repealed.
Contd Page.6
- - 6 - -
SCHEDULE 1 SCHEDULE SCHEDULESCHEDULE
The Statement of Objects and Reasons to the Andhra Pradesh Regulation of Appointment to Public Services and Rationalisation of Staff Pattern and Pay Structure Bill, 1993.
The Constitution envisages the State to be a Welfare State. The long cherished dictum of Bentham is that the State should try to maximise the good to maximum number of its citizens. State Government has to collect taxes and non taxes from its citizens who can afford to pay so that such funds can be used for maintaining law and order which is a prerequisite for any orderly Government and use the rest of the funds for the welfare of various sections of the society. In this process Government has to necessarily have its own employees to collect taxes and implement the welfare and developmental programmes. The cost of such Government employees is, therefore, a necessary item of expenditure of the State Government. But, the amount so spent on its staff should be reasonable and should leave adequate amount for taking up welfare and developmental activities for the rest of citizens. The percentge of the employee population including their families to the total population our State is about 10 . It may not be always possible to limit expenditure on the employees to that percentage but at the same time it should not be such that the staff expenditure leaves very little for remaining 90 of the people.
The number of employees has been increasing at an enormous rate. The census of Government employees conducted by the State Government in 1976, 1981 and 1988 and as project in 1993 shows that the number of employees of the Government, Universities, Institutions receiving Grant in Aid and Public Sector Undertakings, Local Bodies has increased from 6.78 lakhs in 1976 to 12.34 lakhs in 1993 which constituted an increase of 82 . Out of this, the employees of the Departments of the State alone increased from 2.85 lakhs to 5.56 lakhs representing an increase of 95 . The Public Sector Undertakings grew at 128 from 1.44 lakhs to 3.28 lakhs. Among the Government employees and Local Body employees, the class IV and other categories constitute about 41 .
The expenditure particulars show that the amount spent on the salaries, allowances and pension of Government employees, Panchayat Raj employees, employees paid out of the Grant in Aid, amounts to a figure of Rs. 4,277 crores in 1993 94 salaries on the due dates. Government considers that it is not fair that people s interest should be neglected and even sacrificed by not taking up schemes just to pay salaries to its employees.
In addition to the salary and pension commitment there is a heavy debt servicing burden on the Government. The debt also has been increasing from year to year. In 1983 the total outstanding debt was Rs. 2,543 crores. It has now reached Rs. 10,970 crores during 1993 94. At present, the Government are paying as much as Rs. 1,102 crores for payment of interest and Rs. 330 crores for repayment of principal amount every year. The total amount of non plan items of expenditure in 1993 94 is amounting to Rs. 6,222 crores, which cannot be avoided. The Government are not able to complete a number of Irrigation Projects and Power Projects because of lack of funds. For the same reason productive assets like completed irrigation projects and roads are not being properly maintained resulting in wastage of assets whose replacement will cost several hundreds of crores of rupees. At present, the Government are spending 81 of the debt they receive from the Government of India. Market borrowings and all other categories of loans for repayment; which means only 19 of the total debt is being added to our resources. But it is estimated that from next year onwards the repayment will be more than the debt receipts. If the Government are caught in such a debt trap amount available to the State Government will be limited to its own tax and non tax revenues and the devolutions from the Government of India. The devolutions expected from the Government of India is about Rs. 1.698 crores in 1993 94. Since the expenditure on establishment is already 105 of the own tax and non tax revenues of the State, it can be seen that between this expenditure and other non plan expenditure the Government would have exhausted the most of the resources leaving very little for welfare schemes and developmental programmes. Since no Government can allow such total neglect of welfare and developmental activities the employees of the State will not be getting salaries on time and eventually they will not be getting their full salary also.
Contd Page.7
- - 7 - -
The irregular appointments are adversely affecting the interest of several thousands of unemployed persons who have registered in the employment exchange and awaiting their turn for orders. It is also adversely affecting the interests of Scheduled Castes, Scheduled Tribes and Backward Classes who have reservation in employment since the N.M.R. appointments are not taking care of the reservation for these categories. Government have constituted District Selection Committees and some ad hoc Selection Committees besides the Andhra Pradesh Public Service Commission to take up recruitment in accordance with law in Government Departments. Irregular appointments are depriving these legitimate recruiting bodies from performing their functions. Irregular appointments in excess of sanctioned strength will also result in industrial undertakings becoming unviable and eventually sick. When a unit goes sick, it results in retrenchment and even winding up, thus, adversely affecting the interests of the existing employees who are recruited against sanctioned strength and through authorised process of selection. Similarly unauthorised appointments over and above the sanctioned strength in Government Departments would also increase the number of employees and to that extent militate against the Government looking after the existing employees who have been recruited through proper channel. The Act will, therefore, protect the interests of candidates in Employment Exchanges, reserved categories, the existing employees who were recruited through proper channel and the legitimate functions of the recruiting agencies.
From the above, it can be seen that financial position of the State arising out of excessive expenditure on staff is so alarming that it cannot be tackled by ordinary administrative actions and instructions. It is, therefore, thought that a time has come when we have to provide for deterrent action for illegal and irregular appointments by enacting a law. It has accordingly been decided to enact a law to achieve the following objects, namely:
totally banning such appointments in the institutions covered by legislation;
imposing stringent penalties for making appointments by public servants on violation of the law;
to protect public servants from being held for contempt for non compliance of the orders of Tribunal or High Court and also for abatement of pending cases claiming regularisation of services which are already filed before the Courts of law by making a suitable provision therefor; and
to protect the interests of candidates registered with Employment Exchange, the reservation rights of Scheduled Castes, Scheduled Tribes and Backward Classes, the rights of the existing employees who are recruited through proper channel and the functions of Andhra Pradesh Public Service Commission, District Selection Committees and other Selection Committees constituted by the Government.
The legislation will prevent further deterioration of finances of the State and at the same time conserve the resources for the welfare and developmental activities.
As the Legislative Assembly was not then in session having been prorogued and as it was decided 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) Ordinance, 1993 (Andhra Pradesh Ordinance 8 of 1993) was promulgated by the Governor on the 24th November, 1993.
This bill seeks to give effect to the above objectives.
