ANDHRA PRADESH SERVICE COMMISSION
REGULATIONS GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
GENERAL ADMINISTRATION (RULES) DEPARTMENT

G.O.Ms.No.489 Dated the 23rd April, 1963




Sub:- Andhra Pradesh Public Service Commission Regulations - Issued. (Corrected up to 31-3-2003)
ORDER
In exercise of the powers conferred by the article 318 and the proviso to clause (3) of article 320 of the Constitution of India and in supersession of the Regulations and Orders specified in the table below, the Governor of Andhra Pradesh hereby makes the following Regulations:-
TABLE

1. Madras Public Service Commission Regulations, 1950 published with notification of the Composite Madras Government in Public (Services) Department No.36 dated 26-12-1950 at pages 403-407 of the Fort St.George Gazette, dated the 13th March, 1951 as subsequently amended.
2. Ad hoc Regulations issued in G.O.Ms.No.776, dated the2nd June, 1954 of the Andhra Government in Home (Services-A) Department, 2010, dated the 15 th October, 1954 of the Andhra Government Home (Services-A) Department and 58, dated the 24 th November, 1956 and 1034, dated the 24th June, 1957 of the Andhra Pradesh Government in the General Administration (Services-A) Department.
3. The Hyderabad Public Service Commission (Conditions of Service) Regulations, 1952, published with notification of the erst-while Government of Hyderabad No. 54/GAD-SRC/5/49, dated the 22nd February 1952,
4. The Hyderabad Public Service Commission (Consultation) Regulations, 1952, published with notification of the erstwhile Government of Hyderabad No. 56/GAD-SRC/ 49, dated the 22nd February 1952, as subsequently amended.
5. The Ad hoc regulation issued in G.O.Ms.No. 1363, General Administration (Services-A), Department dated the 26th November, 1963, published at page 4373 of Part-I of the Andhra Pradesh Gazette dated the 12th December, 1963.

Extract of Regulation Nos. 1,2,3,6A,11,11A,14,15,16,17,18,19,20;
Annexure III, Forms I, II, III

PART I - PRELIMINARY

1. These Regulations may be called the Andhra Pradesh Public Service Commis-sion Regulations, 1963.

2. In these regulations unless the context otherwise requires:
(a) “Commission” means the Andhra Pradesh Public Service Commission;
(b) “Constitution” means the constitution of India;
(c) “Member” means the Member of the Commission and includes the Chairman thereof:
3). The Commission shall consist of a Chairman and such other Members not ex-ceeding nine in number.

(G.O.Ms.No.371, G.A.(SPF.B) Dept., dt.22-7-1994)

6A. Every Member (including the Chairman) shall submit to the Government, a return of his assets and liabilities as on the 31st day of December of each year in the Forms in Annexure-III to these regulations on or before the 31st day of March of the year immediately following the year to which the return relates giving the full particulars regarding:-(
a) the immovable property inherited by him, or owned or acquired by him, or held by him on lease or mortgage either in his own name or in the name of any member of his family or in the name of any other person;
(b) shares, debentures and cash including bank deposits inherited by him or simi-larly owned, acquired or held by him;
(c) other movable properties inherited by him or similarly owned acquired or held by him; and
(d) debts and other liabilities incurred by him, directly or indirectly. Provided that every Member (including the Chairman), shall, within three months from the date of his ap-pointment, submit a return of his assets and liabilities as on the date of his appointment in the Forms aforesaid.

Explanation 1:- For the purpose of this regulation, “Member of the fam-ily” in relation to the Chairman or Member includes:-
( i) the wife or husband, as the case may be of the Chairman or the Member, whether residing with the Chairman or the Member or not but does not include a wife or husband, as the case may be, separated from the Chairman or the Member by a decree or order of a Compe-tent Court;
(ii) Son or daughter or step - son or step - daughter of the Chair-man or the Member and wholly dependent on him, but does not in-clude a child or step child who is no longer in any way dependent on the Chairman or the Member or of whose custody the Chairman or the Member has been deprived of by or under any law;
(iii) any other person related whether by blood or marriage to the Chairman or the Member or to the Chairman’s or the Member’s wife or husband and wholly dependent on the Chairman or the Member.

Explanation. 2:- In all returns the value of items of movable property worth less than Rs.1000 may be added and shown as a lumpsum. The value of articles of daily use such as clothes, utensils, crockery and books need not be included in such return”.
11(1) The Andhra Pradesh Civil Services (Classification,Control and Appeal) Rules shall apply to the Secretary, the Additional Secretary, Deputy Secretaries, Assistant Secretaries and the Accounts Officer who shall for that purpose be deemed to be officers classified in one of the State Services.
(2) The authority which may impose any of the penalties speci-fied in items (i) and (iii) to (viii) in rule 8 of those rules on the Secretary, Additional Secretary, Deputy Secretary, Assistant Sec-retary or Accounts Officer and the appellate authority therefor, shall be as specified in the Table below.


11-A Notwithstanding anything contained in Regulation 10 and 11 an Officer borne on the cadre of I.A.S./I.P.S./A.P.A.S., if and when appointed to the post of Secretary to Commission, shall be governed by the Rules applicable to the Officers of the I.A.S./I.P.S./ A.P.A.S. cadre in respect of the matters mentioned in those regulations.
14. In respect of any matter for which special provision is not made by these regulations, the conditions of services of a person serving as a Member of the Commission or of its staff shall be governed by the rules and orders applicable to such classes of Government servants as shall be specified by the Governor.

PART - III - MATTERS IN RESPECT OF WHICH IT SHALL NOT BE NECESSARY FOR THE COMMISSION TO BE CONSULTED

15. It shall not be necessary for the Commission to be consulted-
(a) as respects any of the matters mentioned in sub-clauses (a), (b) and (c) of clause (3) of Article 320 of the Constitution of India in the case of posts in the Andhra Pradesh Police Subordinate Service;
(b) as respects any of the matters mentioned in sub-clauses
(a) to (e) of clause (3) of Article 320 of the Constitution in the case of officers of the Armed Forces of the Union holding posts in connection with the affairs of the State;
(c) as respects any of the matters mentioned in sub-clauses
(a) to (b) of clause(3) of Article 320 of the Constitution of India in the case of the posts specified in Annexure-I to these regulations and other posts in respect of which the State Government have directed or may, with the concurrence of the Commission, direct that appointments may be made without reference to the Commission;
(cc) as respects any of the matters mentioned in sub-clauses
(a) and (b) of clause(3) of Article 320 of the Constitution when recruitment by transfer to all the first gazetted category of posts is made, except in the matter of promotion from the first gazetted category to the next higher gazetted category under the relevant rules;

Note:- A.P.P.S.C. should be consulted in regard to suitability of Officers for appointment by transfer with retrospective effect from a date prior to 18-10-1975 against any of the first gazetted categories of posts.
(d) in regard to the suitabiltity of candidates-
(i) for promotion within the same service except in the matter of promotion from the first gazetted categories to the next higher categories of posts
(ii) for transfer from one subordinate service to another such service.
(e) in regard to the making of any appointment to.-
(i) any honorary post; or
(ii) any post, the terms of which are to be governed by contract; Provided that in every case of appointment on contract which may involve a total period of service on contract in excess of five years either in the same post or in another post under the State Government the Commission shall be consulted before the contract is made or renewed. Explanation- For the purpose of sub-clause (i) of this clause “honorary post” means a post the holding of which does not carry with it the right to receive any emolument or remuneration for services rendered other than an allowance for defraying travelling and other expenses incurred in the performance of duty;
(f) in regard to the making of any appointment by ordinary inter-state transfer to any service or post in this State of a member of a service in any of the other States;
(g) Omitted;

(h) in regard to the re-employment of persons who have retired on a civil pension or gratuity or who, while in service, were subscribers to a Contributory Provident Fund, in posts borne on the cadre of the same service to which they belonged before their retirement or to the posts in other Department requiring the same qualifications and involving responsibilities to the like importance;
(i) in regard to the employment in any service or posts of a person who is a member of an All-India Service;
(j)(i) in any case falling under sub-clause (c) of clause (3) of Article 320 of the Constitution in which an enquiry has been held by a Judge of the High Court of Judicature at Madras upto the 4th July, 1954 and thereafter by a Judge of the Andhra Pradesh High Court at Guntur; or of the Andhra Pradesh High Court at Hyderabad from the 1st day of November, 1956.
(ii) In any case falling under clause (i) above in which the State Government revise an order passed by them.
(k) as respects any of the matters mentioned in sub-clauses
(a) and (b) of clause (3) of Article 320 of Constitution of India in the case of appointment of meritorious sportsmen for the posts of Assistant Section Officer, Typist-Cum- Assistant, Junior Stenographer in the Departments of Secretariat and Senior Assistant, Junior Assistant, Typists and Junior Stenographer in the Offices of the Heads of the Departments.

16. It shall not be necessary to consult the Commission regarding the appointment of a person temporarily for total period not exceeding three months in the case of each individual to a post borne on the cadre of a service to which appointment has to be made after consulting the Commission.-
(i) where it is necessary in the public interest owing to an emergency which has arisen to fill immediately a vacancy in the post and there would be undue delay in making the appointment after such consultation; or
(ii) where it is necessary to fill a short vacancy in the post, and the appointment of the person who is entitled to appointment under the general and special rules applicable to the service would involve excessive expenditure on travelling allowance or exceptional, administrative inconvenience.

(2) Concurrence of the Commission for continuance of the temporary appointment of a person beyond the first three months shall be obtained sufficiently in advance, if in any individual case, it becomes essential to continue such appointment beyond a total period of one year. Further continuance shall be obtained at intervals of every six months the first being at the end of eighteen months, if in any individual case, it becomes essential to continue such appointment beyond one year.

Request for such further continuance shall in the first instance (at the end of 18 months) be submitted by the Heads of Departments or the Administrative Department of the Secretariat as the case may be and thereafter by the Secretariat Dept., (Added by G.O.Ms.No.279,G.A.(Ser.A) Dept., dt.25.5.1989)

17(1) It shall not be necessary for the Commission to be consulated on any disciplinary matter affecting a person serving under the State Government in a civil capacity, except.-

(a) Where the State Government propose to pass an original order imposing any of the following penalties:
(i) reduction to a lower rank in the seniority list or to a lower post or timescale whether in the same service or in another service, State or Subordinate or to a lower stage in a time scale;
(ii) recovery from pay of the whole or part of any pecuniary loss caused to the Government or to a local body by negligence or breach of orders;
(iii) compulsory retirement otherwise than under Article 465(2) or under Note 1 to Article 465-A of the Civil Service Regulations;
(iv) removal from service; or
(v) dismissal; or
(vi) the penalty of stoppage of increment(s) with cumulative effect;
(b) Where the State Government propose to pass an order, on appeal or in revision against an order of a subordinate authority which results in the imposition of any penalty higher than the one imposed by a subordinate authority;
(c) Where the State Government propose to allow a memorial or a petition against an order on appeal passed by a subordinate authority; or
(d) Where the State Government propose to review an order passed by them in consultation with the Commission; or
(e) Where the State Government propose to pass an order, under Article

351 or Article 351-A of the Civil Service Regulations in the Andhra Pradesh Pension Code or under Rule 235 or 239 of the Hyderabad Civil Services Rules Manual.

(2) Nothing in Clause (1) shall be deemed to make it necessary for the State Government to consult the Commission in any case;

(a) relating to the termination of probation of any person before the expiry of the prescribed or extended period of probation or to the discharge of a person after the expiry of such period on the ground that he is unsuitable for full membership of the service;

(b) relating to the discharge or reversion of an officer otherwise than as a penalty;
(c) relating to the termination of the employment of any person in accordance with the terms of his contract of employment;
(d) relating to compulsory retirement under Article 465(2) or under note
1 to Article 465-A of the Civil Service Regulations of any person who has rendered 25 years of qualifying service or more;
(e) relating to the imposition of any penalty laid down in any rule or order for failure to pass any test or examination within a specified time;
(f) in which the Commission has, at any previous stage, given advice in regard to the order to be passed and no fresh question has thereafter arisen for determination;
(g) in which the State Government propose to pass an order, on an appeal or in revision reducing or annulling any penalty imposed by a subordinate authority;
(h) in which an enquiry has been held by the Tribunal for Disciplinary Proceedings;
(i) where the State Government pass orders of compulsory retirement under the Andhra Pradesh Civil Services (Safeguarding of National Security) Rules, 1962; or
(j) in which the State Government propose to revise their orders passed under sub-clause (h);
(k) in which the State Government propose to pass an order rejecting a memorial or petition relating to any disciplinary matter;
(l) in which an enquiry has been held by the Lokayukta or the Upa- Lokayukta;
(m) in which orders are passed on the ground of conduct which has led to conviction on a criminal charge.

(Substituted by G.O.Ms.No.371 G.A.(Ser.A) Dept. Dt.22-8-2002)

Explanation:- For purposes of sub-clauses (h) and (j) of this clause, the Tribunal for Disciplinary Proceedings shall also include the Public Servants Tribunal of Inquiry constituted under section 3 of the Hyderabad Public Servants (Tribunal of Inquiry) Act, 1950 (Hyderabad Act XXIII of 1950).

18. Ommited.

19. It shall not be necessary for the Commission to be consulted in any case referred to in sub-clause(d) of clause (3) of Article 320 of the Constitution, if the State Government or any subordinate authority competent to sanction payment of the cost of the defence proposes to admit the claim in full. Explanation:- Nothing contained in this regulation shall be deemed to preclude a reference to the Commission being made in any case in which the State Government feel a doubt as to the admissibility of a claim in whole or in part. 20. It shall not be necessary for the Commission to be consulted in respect of any of the matters mentioned in sub-clauses (a) to (e) of clause (3) of Article 320 of the Constitution of India in any case in which the Madras Public Service Commission or the Hyderabad Public Service Commission had been duly consulted before the 1st day of October, 1953, and 1st day of November, 1956 respectively, although the State Government may actually pass orders thereon on or after the said dates.

Explanation:- Nothing in this regulation shall be deemed to preclude a reference being made to the Commission in any case covered by this regulation in which the State Government consider for reasons to be recorded by them, that such a reference should be made.



Explanation 1:- This return shall contain particulars of all assets and liabilities of the Chairman/Member, either in his own name or in the name of any other person.

Explanation 2:- If the Chairman/Member is a member of Hindu undivided Family with coparcenary rights in the properties of the family either as a ‘Karta’ or as a member, he should indicate in the return in Form No. 1 the value of his share in such property and where it is not possible to indicate the exact value or such share, its approximate value. Suitable explanatory notes may be added, wherever necessary.







Explanation 1:- In this form, information may be given regarding items like (a)Jewellery owned by him (total value), (b) Silver and other precious metals and precious stones owned by him not forming part of Jewellery (total value), (c)(i) Motor cars, (ii) Scooter/ motor cycle, (iii) refrigerators/air conditioners, (iv) radios/radiograms/ television sets and any other articles, the value of which individually exceeds Rs. 1,000 (d) value of items of movable property individually worthless than Rs.1,000 other than articles of daily use such as clothes, utensils, crockery and books, added together as lumpsum.

Explanation 2:- In column (5), it may be indicated whether the property was acquired by purchase, inheritance, gift or otherwise.