The Andhra Pradesh Civil Services (Classification, Control and Appeal) Rule, 1991.

                   

ORDER :                                                                                                                             Dt : 14.9.1992

The Officer on Special Duty appointed by the Government to examine whether any amend-ments are required to various Acts and Rules relating to the conduct and discipline of Government servants has examined the provisions of the Andhra Pradesh Civil Services (Classification, Con-trol and Appeal ) Rules, 1963, keeping in view of the suggestions made by the Commissioner for departmental enquiries and also of the Government, and then submitted a report to the Govern-ment. The Government after careful consideration of the suggestions made by him have de-cided to issue the Andhra Pradesh Civil Services (Classification, Control and Appeal ) Rules, 1991, in supersession of the rules issued in the G.O. first read above as amended from time to time.

 2. The following Notification will be published in the Andhra Pradesh Gazette, dated the 1st July 1992.

                                                                  NOTIFICATION

In exercise of the powers conferred by the proviso to article 309 of the constitution of India and of all other powers hereunto enabling, the Governor of Andhra Pradesh hereby makes the following rules, in supersession of the Andhra Pradesh Civil Services (Classification Control and Appeal ) Rules, 1963 issued in G.O. Ms.No. 1376, G.A. (Rules) Dept. dated the 28th November, 1963 and published in supplement to Part-I of the Andhra pradesh Gazette, dated the 30th Janu-ary, 1964.



1 Short title and commencement
(1) These rules may be called the Andhra Pradesh Civil Services ( Classification, Con-trol and Appeal ) Rules, 1991.
(2) They shall come into force on and after the expiration of three months from the date of publication of these rules in the Andhra Pradesh gazette.

2. Interpretation.

In these rules, unless the context otherwise requires ---
(a) ‘appointing authority’ in relation to a Government servant means ---
(i) the authority which actually made the temporary or officiating or substantive ap-pointment as the case may be, of the Government servant to the post held by him at the time of initiation of disciplinary proceeding, or
(ii) the authority which is, under the rules regulating the recruitment to the post which the Government servant for the time being holds, competent to make an appointment. whichever authority is higher ; Criminal Law Amendment Ordinance 1944
(b) ‘Commission’ means the Andhra Pradesh Public Service Commission ;
(c) ‘disciplinary authority’ means the authority competent under these rules to impose on a Government servant any of the penalties specified in rule 9 or rule 10.
(d) ‘Government’ means the Government of Andhra Pradesh;
(e) ‘Government servant’ means a person who --
(i) is a member of a Civil Service of the State or holds a Civil post in connection with the affairs of the State, whether temporary or permanent, appointed, thereto before, on or after the date specified in rule 1 and includes such Government servant whose services are temporarily placed at the disposal of the Government of India, the Government of another State, or a company, corporation or organisation owned or controlled by Government, or a local or other authority, notwithstanding that his salary is drawn from sources other than the consolidated fund of the State;
(ii) is a member of a Civil Service of, or holds a Civil post under the Government of India or the Government of another State and whose service are temporarily placed at the disposal of Government;
(iii) is in the service of a local or other authority and whose services are temporarily placed at the disposal of Government;
(f) ‘Governor’ means Governor of Andhra Pradesh;
(g) ‘major penality’ means any of the penalties specified inclauses (vi) to (x) (both inclusive) of rule 9;
(h) ‘minor penalty’ means any of the penalties specified in clauses (i) to (v) (both inclusive) of rule 9 and in rule 10;
(i) ‘Service’ means a Civil Service of the State;
(j) ‘State’ means the State of Andhra Pradesh.

3. Application.
(1) These rules shall apply to every Government servant except ---(
a) persons in casual employment,
(b) persons subject to discharge from service on less than one month’s notice.
(c) persons for whom special provision is made, in respect of matters covered by these rules, by or under any law for the time being in force or in any rule or by or under any contract or agreement entered into by or with the previous approval of the Government before or after the commencement of these rules, in regard to matter covered by such special provisions,
(d) members of the All India Services.
2) If any doubt arises -
(a) whether these rules apply to any person, or
(b) whether a person to whom these rules apply belongs to aparticular service, or as to which of the two or more services is the Service to which such person belongs, the matter shall be referred to the Government whose decision shall be final.

4. Power to exclude from operation

Notwithstanding any thing in rule 3, the Governor may, by notification published in the Andhra Pradesh Gazette, exclude, wholly or in part, from the operation of these rules, the holder of any post or, the holders of any class of posts, in respect of whom the Governor declares that the rules cannot suitably be applied and these rules shall thereupon to the extent of such exclusion, cease to apply to them accordingly.