The Andhra Pradesh School Education Teachers and other Employees (Abolition of existing service cadres and Regulation of recruitment and conditions of service) Act, 2005

THE ANDHRA PRADESH SCHOOL EDUCATION TEACHERS AND OTHER EMPLOYEES (ABOLITION OF EXISTING SERVICE CADRES AND REGULATION OF RECRUITMENT AND CONDITIONS OF SERVICE) ACT, ACT No. 27 OF 2005

(1) This Act may be called the Andhra Pradesh School Education Teachers and other Employees (Abolition of existing service cadres and Regulation of recruitment and conditions of service) Act, 2005. (2) It applies to the teachers working in Government, Mandal Parishad and Zilla Parishad Schools, and other employees working in the Department of School Education as mentioned in the schedules I and II. (3) It shall be deemed to have come into force on the 13th June, 2005.

In this Act, unless the context otherwise requires, - (1) ‘Notification’ means a notification published in the Andhra Pradesh Gazette and the word “notified” shall be construed accordingly. (2) ‘Other employees’ means the employees working in the department of School Education as specified in the Schedule I. (3) ‘Prescribed’ means prescribed by rules made under this Act. (4) ‘School’ means a Primary, Upper Primary, or High School under the management of Government, Mandal Parishad and Zilla Parishad. (5) ‘Teacher’ means a teacher working in Government School, Mandal Parishad School and Zilla Parishad School on regular basis as mentioned in Schedule II including the Gazetted Headmasters Grades I and II but does not include any part-time teacher or Vidya Volunteer or any other Part-time teaching staff by whatever name they are called.

(1) Notwithstanding anything contained in any other law for the time being inforce, the existing cadres of teachers working in Government, Mandal Parishad and of Zilla Parishad Schools as mentioned in Schedule II are hereby abolished. (2) Notwithstanding such abolition of cadres under sub-section (1), every Teacher shall continue to hold the post on the same remuneration and upon the same terms and conditions and with the same rights and privileges as to Pension, Gratuity and other matters as he would have held prior to abolition until rules are framed under this Act.

(1) Notwithstanding anything contained in any other law for the time being in force, the existing cadres of other employees in the Department of School Education as mentioned in Schedule I are hereby abolished. (2) Notwithstanding such abolition of cadres under sub-section (1), every such other employee shall continue to hold the post on the same remuneration and upon the same terms and conditions and with the same rights and privileges as to Pension, Gratuity and other matters as he would have held prior to abolition until rules are framed under this Act.

(1) Notwithstanding anything contained in any other law for the time being in force and consequent on abolition of the cadres under sections 3 and 4, restructured School Education Service cadres for teachers working in Government, Mandal Parishad and Zilla Parishad Schools and for other employees working in School Education Department are hereby constituted 1 [the teachers and other employees is continuing in the posts under sub-section (2) of Section 3 and sub-section (2) of Section 4 shall stand transferred to the restructured cadres]. (2) Upon Constitution of such service cadres under sub-section (1) the Government shall have power to make rules to regulate the classification, manner of recruitment, methods of appointment, conditions of service, pay and allowances and discipline and conduct of the teachers and other employees.

No order passed or proceedings taken under the provisions of this Act shall be called in question in any Court, in any suit, or application and no injunction shall be granted by any Court in respect of any action taken or about to be taken in pursuance of any power conferred by or under this Act.

If any difficulty arises in giving effect to the provisions of this Act, the Government may make such order not inconsistent with the provisions of this Act as may appear to them to be necessary or expedient for the purpose of removing such difficulty: Provided that no such order shall be issued after the expiry of two years from the date of commencement of this Act.

The Government may give such directions to the authority as appear to them to be necessary for carrying out any of the provisions of this Act or of any rule, notification or order made thereunder and such authority shall comply with every such direction.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

No suit, prosecution or other legal proceeding shall be instituted against the Government or any officer, authority or person empowered exercise the powers or perform the functions by or under this Act for anything which is done in good faith or intended to be done under this Act or under the rules or orders made thereunder.

(1) The Government may, by notification make rules for carrying out all or any of the purposes of this Act. (2) Every rule made under this Act, shall immediately after it is made be laid before the Legislative Assembly of the State, if it is 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 Andhra Pradesh School Education Teachers and other Employees (Abolition of existing service cadres and Regulation of recruitment and conditions of service) Ordinance, 2005 is hereby repealed.