Important Pages for Administration of Panchayat
Friday, March 31, 2017
Thursday, March 30, 2017
G.O.Ms.No.288. Irrigation (IRR.VI) Dept. dated.27.06.1983
A B S T R A C T
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
- 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.
The Chief Engineer M.I. Hyderabad.
All sections of Irrigation Department
G.O.Ms.No.343 P.R.(servies-I) Dept. Dated 10-04-1976
ABSTRACT
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
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.
The Director of Fisheries Hyderabad.
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
- 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.
- 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.
Grama Sabha Rules Issued by G.A.D. G.O.Ms.No.791
ABSTRACT
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.
- G.O.Ms.No. 162 Panchayat Raj & Rural Development (Panchayats.I) Department, Dated 4.4.1997
- From the Commissioner, Panchayat Raj & Rural Employment, Hyderabad Letter No.3806/D3/2009, dated.20.9.2013 & 30.9.2013
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.
- 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.
- 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.
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., |
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
SECTION OFFICER
(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.
(B) Powers and functions of the Mandal Parishad (Sec.161 Schedule .II of A.P.Panchayat Raj Act)
The execution of all programmes under Community Development in association with Panchayats, co-operative societies, voluntary organizations and the people.
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.
- 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;
- 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.
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.
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.
- 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.
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;
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.
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.
- 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;
Provision of emergency relief through voluntary efforts in case of distress owing to fires, floods, epidemics and other vide spread calamities.
Collection and compilation of such statistics as may be found necessary either by the Mandala Parishad, the Zilla Parishad or the Government.
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.
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.
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 | TR&B Dept | 1. G.O.Ms.No. 174
TR&B (R.VII) dated
21.10.1998 2. G.O.Ms.No. 235 TR&B(R.V) dated 9.12.2003 |
11. | Non-conventional energy sources | Energy Dept | 1. G.O.Ms.No. 80 Energy (RES) dated 4.9.1998 2. G.O.Ms.No. 81 Energy dated 9.4.1999 3. G.O.Ms.No.112 Energy dated 17.9.2003 |
12. | Poverty alleviation programme | PR& RD (RD) Dept. | 1. G.O.Ms.No.571 PR
(RD.III) Dept dt 26.12.2007 2. G.O.Ms.No.398 PR (RD.III) Dt 11.12.2003 |
13. | Education, including primary and secondary schools | School Education | G.O.Ms.No.2SE (Prog.I) dt 3.1.2008 |
14. | Technical Training and vocational education | Employment, Training & Factories Dept | G.O.Ms.No. 57 ET& F (EMP) Dept dated 11.12.2002 |
15. | Adult and non-formal education | Education Dept | G.O.Ms.No. 120 Edn (Prog.II) Dept dt 31.3.1999 |
16. | Libraries | Education Dept | G.O.Ms.No. 120 Edn (Prog.II) Dept dt 31.3.1999 |
Sl.No | Subject | Department concerned. | G.O. No. & Date |
---|---|---|---|
17. | Cultural activities | YAT&C Dept | 1. G.O.Ms.NO.26
YAT& C(CA.II) dt 30.3.1999 2. G.O.Ms.No.161 YAT& C(CA.II) dated 1.12.2003 3. G.O.Rt.No. 1593 YAT&C(Sports) dt 1.12.2003 |
18. | Health and Sanitation, including, hospitals, primary health centres and dispensaries | HM& FW | G.O.Ms.No. 324 HM&FW(F.I) dt 27.9.2007 |
19. | Women and child development | WDCW | G.O.Ms.No. 41 WD.CW&DW(JJ) Dept dt 19.11.2008 |
20. | Social Welfare, including welfare of the handicapped and mentally retarded | WD,CW& Disabled Welfare Dept | 1. G.O.Ms.No. 26 WDCW& DW(DW) dated 17.4.1999 2. G.O.Ms.No. 2 WDCW&DW(DW) dt 20.1.2004 |
21. | 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 |
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 |
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.. |
Identification of new works | |||
Job Card Holders status, wages paid wageseeker wise, | |||
Recent Guidelines of the Scheme | |||
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 |
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 | |||
16 | Poverty alleviation programme | Panchayat Secretary- SC/ST/BC/Min Corporation Loans | Target-Number of units sanctioned, grounded and functioning |
IKP-VO President/Village Book Keeper/Commun ity Resource Persons | Functioning of SHGs, Activities taken up by V.Os, SHG Bank Linkage-Micro Credit | ||
Progress of Bangaru Talli Programme | |||
Progress of Aam Aadmi Bima Yojana, Indira Jeevitha Bima Yojana | |||
Functioning of Nutrition cum Day Care Centres |
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 |
17 | Education, including primary and secondary schools | HMs of Respective Schools | Enrolment particulars of children in schools |
Drop Out Particulars of Children in schools | |||
Report on Learning Standards of Children | |||
Review of results of X Class | |||
Status of implementation of Mid Day Meals Scheme-No of pupil enrolled-no of pupil served meals- quality of food etc., | |||
18 | Technical training and vocational education | IKP-VO President/ Village Book Keeper/ Community Resource Persons | Functioning of vocational training centres like tailoring centres, EGMM/RYK training details |
Work Inspector- Housing | Masonry training programmes | ||
19 | Adult and non-formal education | Saakhar Bharat Coordinator | No of Centres functioning, No of Illiterate people enrolled in centres, no of neo literates, learning material distributed |
20 | Libraries | Panchayat Secretary | Functioning of Village level lending library, availability of books, magazine, news paper subscription particulars |
21 | Cultural activities. | Panchayat Secretary | No. of Artists getting pension and other welfare measures for pensioners |
No of cultural programmes conducted for creating awareness on various government programmes | |||
22 | Markets and fairs | Panchayat Secretary | Status of facilities in markets under the control of the Panchayat |
23 | Health and sanitation, including hospitals, primary health centres and dispensaries | ANM/MPHA | Functioning of Sub Centre |
Utilisation of NRHM Untied funds | |||
No. of visits made to village | |||
No of Health Camps conducted | |||
No. of Diarrhoea cases reported | |||
24 | Family welfare | ANM/ASHA Worker | No of eligible couples (EC) and no of E.Cs practicing Temporary Family Planning practices |
No of Institution Deliveries | |||
Immunization status | |||
IMR and MMR status | |||
No of Pregnant and Lactating Mothers and measures taken for their welfare | |||
Status of Implementation of Janani Suraksha Yojana | |||
Prevalance of HIV/AIDS if any | |||
Information on Chronic Deceases |
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 |
25 | Women and child development | Anganwadi Worker | Review of functioning of Anganwadi Centre |
Enrolment Particulars of 0-6 children and pregnant women in Anganwadi Centre | |||
Feed Stocks received-Distributed and Balance | |||
Progress of Bangaru Talli and Amruthahastam schemes | |||
Particulars of malnourished children-Grade III and IV | |||
26 | Social welfare, including welfare of the handicapped and mentally retarded. | Panchayat Secretary | No. of existing Pensions (NOAP, Disabled, Widow, weavers, toddy toppers etc.,) |
No of Pensions distributed, No. of Eligible persons for Pensions | |||
27 | Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes | Panchayat Secretary | Targets, No of Beneficiaries Selected, No of Units Sanctioned, Grounded |
Incidences of atrocities against SC/ST and measures taken for prevention of such incidences | |||
28 | Public distribution system | FP Shop Dealer /VRO | Review of functioning of FP Shop |
No of existing White Ration Cards and Pink Ration Cards-Reading of Key register | |||
Distribution particulars of rice, sugar, kerosene etc.-Stocks received, distributed and balance- Ammahastam progress-status report | |||
Implementation of the Recommendations of the Village Food Advisory/Vigilance Committee | |||
29 | Maintenance of community system | Panchayat Secretary | Status of Community Halls, Community Sites, details of Usufruct (tank bed plantations, income from auctions, avenue plantations) |
VRO | Status of common property resources such as common lands | ||
Lashkar/PWD Watcher/ Irrigation Work Inspectors | Canal bund plantations | ||
VSS/VTDA | Total area protected, no. of families benefiting out of the intervention, |
SECTION OFFICER.
Wednesday, March 29, 2017
Tuesday, March 28, 2017
Monday, March 27, 2017
A.P. (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994.
Act Details :
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
- 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.
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.
- 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.
- 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.
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.
- 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.
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.
- 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.
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.
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.
- 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.
- 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.
- 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.
- 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.
Whoever abets any offence punishable under this Act shall be punished with the punishment provided for in this Act for such offence.
- 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.
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.
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.
- 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.
The Schedule to this Act shall constitute the guidelines for the interpretation and implementation of this Act.
The Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Ordinance, 1993 is hereby repealed.
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.
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.
Act Type : Andhra Pradesh State Acts