Presidentialorder
Presidentialorder
(ORGANISATION OF LOCAL CADRES AND REGULATION OF DIRECT RECRUITMENT) ORDER, 1975 ORDERED.
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From the Government of India, Ministry of Home Affairs, No.3/1/74-Poll. (K) , dated 18-10-75.
ORDER:
The following Order of President of India, G.S.R. 524 (E), dated the 18th October, 1975 is
republished:
ORDER
G.S.R. 524 (E) in exercise of the powers conferred by clauses (1) and (2) of article 371-D of the
Constitution, the President hereby makes, with respect to the State of Andhra Pradesh, the following Order,
namely:-
(1) This order may be called the Andhra Pradesh Public Employment,
(Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975.
(a) (City of Hyderabad) means the part of the State comprising the territories
specified in the First Schedule;
(b) (Direct recruitment) includes recruitment made on a temporary basis but does
not include recruitment made in pursuance of any scheme approved by the State
Government providing for the regularisation of the services of persons holding
posts on a temporary basis before the commencement of this Order;
(c) (local area) in relation to any local cadre, means the local area specified in
paragraph 6 for direct recruitment to posts in such local cadre, and includes, in
respect of posts belonging to the category of Civil Assistant Surgeons, the local
area specified in sub-paragraph (5) of paragraph 6 of this Order.
(d) (local authority) does not include any local authority which is not subject to the
control of the State Government:
(e) (local cadre) means any local cadre of posts under the State Government
organised in pursuance of paragraph,3, on constituted otherwise for any part of the
State:
(f) (Local candidate) in relation to any local are, means a candidate who qualifies
under paragraph 7 as a local candidate in relation to such local area:
(g) (major Development Project) means a development Project the cost on the
estimated cost of which exceeds Rs.5 crores and notified as such by the Central
Government:
(j) (specified gazetted category) means any gazetted category specified in the Third
Schedule and includes any other gazetted category notified as such by Central
Government:
(m) (Zone) means a zone specified in the Second Schedule comprising the
territories mentioned therein;
(2) The General Clauses Act, 1897 (10 of 1997) applies for the interpretation of this Order as it applies for
the interpretation of a Central Act.
3. ORGANISATION OF LOCAL CADRES:- (1) The State Government shall within a period of
*twenty-seven months from the commencement of this Order, organise classes of posts in the civil services
of and classes of civil posts under the State into different local cadres for different parts of the state to the
extent and in the manner, hereinafter provided.
(2) The posts belonging to the category of lower division clerk and each of the
other categories equivalent to or lower than that of lower division clerk in each
department in each district shall be orgnised into separate cadre.
(3) The posts belonging to each non gazetted category, other than those referred to
in sub-paragraph (2), in each department in each zone shall be organized into a
separate cadre.
(4) The posts belonging to each specified gazetted category in each department in
each zone shall be organized into a separate cadre.
(5) Notwithstanding anything contained in sub-paragraphs (3) and (4), the State
Government may where it considered it expedient so to do and with the approval
fo the Central government, organize the posts belonging to any of the categories
referred to therein, in any department, or any establishment thereof, in two or more
contiguous zones into a single cadre.
(6) Notwithstanding anything contained in sub paragraphs (2), (3), (4) and (5), the
Central Government; may notify the departments in which and the categories of
posts for which a separate cadre has to be organized for the City of Hyderabad and
on such notification, the posts belonging to each such category in each such
department in the said City (other than those concerned with the administration of
areas falling outside the said City) shall be organized into a separate cadre and the
posts so organized in pursuance of this paragraph or Constituted otherwise and
comprising posts belonging to the category in that department.
(2) In allotting persons to local cadres due regard shall be had to all or any of the
following, namely:
(b) the need for the composition of balanced local cadres with
reference to age and seniority groups;
(c) the length of service of the persons concerned in the part of the
State for which the local cadre is organized.
(4) Any person aggrieved by an order allotting him to any local cadre may
submit a representation to the State Government within a period of sixty days from
the Date of communication of the order (5). The State Government shall on receipt
of such representation and after consultation with the appropriate committee
constituted under sub paragraph (3) make such order as it deems fit.
(5) Provided that wherever such an order is likely to result in the change of
allotment of any other person, no such order shall be made without giving an
opportunity to that other person to make a representation.
(6) Every order passed by the State Government under sub-paragraph (5) shall
subject to the provisions of clause (3) of article 371 D of the Constitution of India,
be final.
(1) Each part of the State, for which a local cadre has been organized in
respect of any category of posts, shall be a separate unit for purposes of
recruitment, appointment, discharge, seniority, promotion and transfer, and such
other matters as may be specified by the State Government, in respect of that
category of posts.
(2) Nothing in this order shall prevent the State Government from making
provision for
(a) the transfer of a person from any local cadre to any Office or Establishment to
which this Order does not apply, or Vice Versa.
(b) the transfer of a person from local cadre comprising posts in any Office or
Establishment exercising territorial jurisdiction over a part of the State to any other
local cadre comprising posts in such part of Vice Versa.
(c) the transfer of a person from one local cadre to another local cadre where no
qualified or suitable person is available in the latter cadre for where such transfer is
otherwise considered necessary in the Public interest.
(d) the transfer of a person from one local cadre to another local cadre on a
reciprocal basis subject to the condition that the persons so transferred shall be
assigned seniority in the latter cadre with reference to the date of his transfer to that
cadre.
(i) for direct recruitment to posts in any local cadre under the State
Government comprising all or any of the posts in any department in that district
belonging to the category of a lower division clerk or to any other category
equivalent to or lower than that of a lower division clerk.
(ii) for direct recruitment to posts in any cadre under any local authority within
that district, carrying a scale of pay, the minimum of which does not exceed the
minimum of the scale of pay of a lower division clerk or a fixed pay not exceeding
that amount.
(i) for direct recruitment to posts in any local cadre under the State
Government comprising all or any of the posts in any department in that one
belonging to any non gazetted category other than those referred to in sub
paragraph (1).
(ii) for direct recruitment to posts in any local cadre comprising all or any of
the post in any department in that zone belonging to the categories of Tahsildars,
Asst. executive Engineers, Assistant Agricultural Officers, Inspectors of Police and
Motor Vehicle Inspectors (Vide G.O.Ms.No.498, dt.16-7-1977 G.O.Ms.No.34,
dt.24-1-1981 and G.O.Ms.No.636, G.A. (SPF.A) Dept., dated 30-11-93.)
(iii) for direct recruitment to posts in any cadre under any local authority within
that zone, carrying a scale of pay, the minimum of which exceeds the minimum of
the scale of pay of a lower division clerk but does not exceeds Rs.480/- per
mensum or a fixed pay which exceeds the minimum of the scale of pay of a lower
division clerk but does nto exceed Rs.480/- per mensum or any amount
corresponding to it as may be specified in this regard in the successive revisions of
pay scales granted by the State Government from time to time. (G.O.Ms.No.635,
G.A. (SPF.A) Dept., dated 30-11-93).
Provided that where a single cadre has been organized for two or more zones
under sub paragraph (5) of paragraph 3 of posts belonging to any of the categories
referred to in clause (i) or clause (ii) each of such zones shall be regarded as separate
local areas in respect of such cadre.
(i) the City of Hyderabad shall be regarded as a local area for direct
recruitment to posts in any local cadre under the State Government comprising all
or any of the posts in the said City in the departments and belonging to the
categories notified under Sub-paragraph (6) of paragraph 3 and the said City shall
be excluded from the local area relatable to any other local cadre comprising posts
in the departments and belonging to the categories so notified, and
(ii) the City of Hyderabad shall be regarded as a local area for direct
recruitment to posts in any cadre under a local authority within the said City
comprising posts carrying a scale of pay the minimum of which does not exceed
Rs.480/- per mensum or any amount corresponding to it as may be specified in this
regard in the successive revisions of pay scales granted by the State Government
from time to time or a fixed pay not exceeding that amount, and the said City shall
be excluded from the local area relatable to any cadre under any local authority not
within the said City. (G.O.Ms.No. 635, G.A. (SPF.A) Dept., dated 30-11-93)
(i) the districts of Medak, Ranga Reddy and Hyderabad shall be regarded as a
local area for direct recruitment ot posts in any cadre under the Hyderabad Urban
Development Authority comprising posts, carrying a scale of pay, the minimum of
which does not exceed the minimum of the scale of pay of lower division clerk or a
fixed pay not exceeding that amount.
(ii) Zone VI shall be regarded as a local area for direct recruitment to posts in
any cadre under the Hyderabad Urban Development Authority; comprising posts,
carrying a scale of pay, the minimum of which exceeds the scale of pay of a lower
division clerk but does not exceed Rs. 480/- per mensum, or a fixed pay which
exceeds the minimum of the scale of the pay of lower division clerk but does not
exceed Rs.480/- per mensum or any amount corresponding to it as may be
specified in this redgard in the successive revisions of pay scales granted by the
State Government from time to time.
(ii) where during the whole or any part of the four consecutive academic years
ending with the academic year in which he appeared or as the case may be, first
appeared for the relevant qualifying examination he has not studied in any
educational institution, if he has resided in that local area for a period of not less
than four years immediately preceding the date of commencement of the
quaqlifying examination in which he appeared or as the case may be, first
appeared.
(iii) in reckoning the consecutive academic years during which a candidate has
studied, any period of interruption of his study by reason of his failure to pass any
examination shall be disregarded.
(iv) the question whether any candidate for direct recruitment to any post has
resided in any local area shall be determined with reference to the places where the
candidate actually resided and not with reference to the residence of his parents or
other guardian (Vide G.O.Ms.No.168, G.A. (SPF.A) Dept., dt.10-3-77).
(2) A candidate for direct recruitment to any post who is not regarded as a
local candidate under sub paragraph (1) in relation to any local area shall.
(a) in cases where a minimum educational qualification has been prescribed
for recruitment to the post.
(i) if he has studied in educational institutions in the State for a period of not
less than seven consecutive academic years ending with academic year in which he
appeared or as the case may be, first appeared for the relevant qualifying
examination, be regarded as a local candidate in relation to
(1) Such local area where he has studied for the maximum period out of the
said period of seven years; or
(2) where the periods of his study in two or more local areas are equal, such
local areas where he has studied last in such equal periods;
(ii) if during the whole or any part of the seven consecutive academic years
ending with the academic years in which he appeared or as the case may be first
appeared for the relevant qualigying examination, he has not studied in the
educational institutions in any local area, but has resided in the State during the
whole of the said period of seven years, be regarded as a local candidate in relation
to
(1) such local area where he has resided for a maximum period out of the said
period of seven years: or
(2) where the periods of his residence in two or more local areas are equal,
such local areas where he has resided last in such equal periods;
(i) such local area where he has resided for the maximum period out of the
said period of seven years; or
(ii) where the periods of his residence is two or more local areas are equal such
local area where he has resided last in such equal periods.
(a) in any local cadre under the State Government camprising posts belonging
to the category of lower division clerk or a Category equivalent to or lower than
that lower division ?Clerk; and
(b) in any cadre under a local authority comprising post carrying a scale of pay
the minimum of which, or a fixed pay which does not exceed the minimum of the
scale of pay or lower division clerk, shall be reserved in favour of local candidates
in relation to the local area in respect of such cadre.
(a) in any local cadre under the State Government comprising posts belonging
to non-gazetted categories other than those referred to in item (a) of sub-paragraph
(1) and
(b) in any cadre under a local authority comprising posts carrying a scale of
pay, the minimum of which, or a fixed pay which exceeds the minimum of the
scale of pay of a lower division clerk, but does not exceed Rs.480/- per mensum on
any amount corresponding to it as may be specified in this regard in the successive
revisions of pay scales granted by the State Government from time to time shall be
reserved in favour of local candidates in relation to the local area in respect of such
cadre. (G.O.Ms.No.635, G.A. (SPF.A) Dept., dated 30-11-93.)
(3) 60% of the posts to be filled by direct recruitment at any time in any local
cadre under the State Government comprising posts belonging to the categories of
Tahsildars, Assistant Executive Engineers, Assistant Agricultural Officers,
Inspector of Police and Motor Vehicle Inspectors shall be reserved in favour of
local candidates in relation to the local area in respect to of such cadre.
(5) 60% of the posts under the State Government belonging to the category of
Civil Assistant Surgeons to be filled by direct recruitment at any time shall be
reserved in favour of and allocated amongst the local candidates in relation to the
local area specified in column (1) the Table below in the respective ratios specified
in the corresponding entry in column (2) thereof.
THE TABLE
Local area Ratio
Districts of Ranga Reddy (excluding such areas as from part of the City of
VI. Hyderabad) with effect from 15-8-1978, Nizamabad, Mahaboobnagar, Medak 17
and Nalgonda.
(6) While determining under this paragraph the number of posts to be reserved
in favour of Local candidates any fraction of a post shall be counted as one.
(7) While allocating under sub-paragraph (4) or sub-paragraph (5) the reserved
posts amongst the candidates in relation to different local areas fractions of a post
shall be adjusted by counting successively the fractions in descending order of
magnitude as one and where the fraction to be so counted cannot be selected by
reason of the fractions being equal the selection shall be by lot.
(a) there shall be at least one post left unreserved out of the post filled by
direct recruitment at any time to any local cadre; and
(b) there shall be, as far as possible, at least one post allocated for the local
candidates in respect of each local area.
(2) The State Government may, for the purpose of issuing any direction under
sub-paragraph (1) or for satisfying itself that any directions issued under sub-
paragraph (1) have been complied with require by order in writing any local
authority to furnish them such information, report of particulars as may be
specified in the order and such local authority shall comply with such order.
11. Order to have over-riding effect:- The provisions of this order shall have
effect notwithstanding anything contained in any Statute, Ordinance Rule
regulation or other order made before or after issue of this order in respect of direct
recruitment to posts under the State Government or any local authority.
12. Removal of Doubts:- For the removal of doubts, it is declared that nothing
in the order shall affect the operation of provisions made by the State Government
or other competent authority before or after the commencement of this Order in
respect of reservation in the matter of appointments to posts in favour of any
backward classes of citizens, the Scheduled Castes and the Scheduled Tribes in so
far such provisions are not inconsistent with this order.
Explanation:- For the purposes of this paragraph, any local cadre shall be deemed to be organized with the
allotment of persons to it under paragraph 4.
(e) any post other than a post belonging to any of the non-gazetted categories in the ministerial and
technical services in a Major Development Project;
ZONES RATIO
SL.
Category Name of Dept.
No.
1. 2. 3.
Deputy Executive Engineers (G.O.Ms.No.635, G.A. (SPF.A) Public Health and Municipal
8.
Dept., dated 30-11-93) Engineering Department
Municipal Administration
15. Second Grade Municipal Commissioners
Department
No.3/1/74 Poll.(k)
P.P. NAYYAR,
N. BHAGWANDAS,