The Andhra Pradesh Economically Weaker sections other than Kapus (Reservation of Seats in the Educational Institutions and of appointments or posts in the Public Services under the State) Act, 2019

THE ANDHRA PRADESH ECONOMICALLY WEAKER SECTIONS OTHER THAN KAPUS (RESERVATION OF SEATS IN THE EDUCATIONAL INSTITUTIONS AND OF APPOINTMENTS OR POSTS IN THE PUBLIC SERVICES UNDER THE STATE) Act, 2019

(1) This Act may be called the Andhra Pradesh Economically Weaker sections other than Kapus (Reservation of Seats in the Educational Institutions and of appointments or posts in the Public Services under the State) Act, 2019. (2) It extends to the entire State of Andhra Pradesh. (3) It shall come into force on such date as the State Government may, by notification, appoint.

In this Act, unless the context otherwise requires:- (a). "Economically Weaker Sections" means the classes consisting of persons not included in any other category of reservation, declared as such by the State Government, by notification in the Official Gazette, for the purposes of this Act; (b). “Educational Institutions” means (i) any college or other educational institution maintained by the State or receiving aid out of the State funds or affiliated to any university established by law including an university college and a constituent college, other than Minority Educational Institutions; or (ii) any institute or training centre recognized or approved by the Government with the object of preparing, training or guiding its students for any certificate, degree or diploma or other academic distinctions granted or conferred by any university or authority established or approved in this behalf by the Government other than Minority Educational Institutions; (c) “Government” means the State Government of Andhra Pradesh; (d) “Notification” means a notification published in the Andhra Pradesh Gazette and the word ‘Notified’ shall be construed accordingly. (e) "prescribed" means prescribed by rules made under this Act; (f) “Public Service” means public service as defined in the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pay Structure) Act, 1994.

(1). The reservation in respect of the annual permitted strength for admission into such educational institutions and courses in the State, as may be prescribed, for Economically Weaker Sections other than Kapus shall be five (5) percent. (2). There shall be one-third reservation for women from the Economically Weaker Sections other than Kapus within five percent of reservation accorded to Economically Weaker Sections of Kapus in respect of the annual permitted strength for admission into such educational institutions and courses in the State, as may be prescribed. The one-third reservation for women shall be Horizontal.

(1) The reservation of appointments and posts in the services under the State for the Economically weaker sections other than Kapus shall be (5) five percent. (2) There shall be one-third reservation for women from the Economically Weaker Sections other than Kapus within five percent of reservation accorded to Economically Weaker Sections of Kapus in respect of the annual permitted strength for admission into such educational institutions and courses in the State, as may be prescribed. The one-third reservation for women shall be Horizontal.

(1)The Government may by notification published in the Andhra Pradesh Gazette make rules for carrying out all or any of the purposes of this Act. (2) (a) All rules made under this Act shall be published in the Andhra Pradesh Gazette and shall come into force on the day on which they are so published unless it is expressly mentioned to come into force on a particular day. (b) All notifications issued under this Act shall come into force on the day on which they are published, unless it is expressly mentioned to come into force on a particular day. (3) Every rule made under this Act shall be laid before each House of the State Legislature immediately if it is in session and if it is not in session, in the next session which follows immediately 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, both Houses agree in making any modification in the rule or in the annulment or the rule, the rule shall be with effect from the date of notification of such modification or annulment in the Andhra Pradesh Gazette is notified and 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.

If there is any difficulty/hindrance in giving effect to the provisions of this Act, the Government may, by an order published in the Andhra Pradesh Gazette, make such provisions not inconsistent with the provisions of this Act as appear to them to be necessary or expedient for removing the difficulty/hindrance: Provided that no such order shall be made after the expiry of two years from the date of the commencement of this Act.

No suit, prosecution or other legal proceedings shall lie against any authority or person for anything done or purported to have been done in good faith in pursuance of the provisions of this Act or the rules made thereunder.

(1) The provisions of any other act being enacted by the State of Andhra Pradesh for the Reservation of Seats in educational institutions and of appointments or posts in the services under the State for Economically Weaker Sections other than Kapus, in so far as they relate to the reservations, shall, from the date of commencement of this Act, stand repealed. (2) All rules, orders, circulars etc. made or, as the case may be, issued before the commencement of this Act by the State Government in relation to reservation of seats in educational institutions and of appointments and posts in the public services under the state for the Economically Weaker Sections other than Kapus shall, in so far they relate to matters for which provision is made in this Act and are not inconsistent therewith, be deemed to have been made or, as the case may be, issued under this Act as if this Act had been in force on the date on which such rules, orders, circulars etc. were made or, as the case may be, issued and shall continue in force unless and until they are superseded by any rule made under this Act. (3) Nothing in this Act shall be deemed to have affected any orders made by the Governor in exercise of his powers under the Fifth Schedule of the Constitution of India in respect of the Scheduled Areas.