AP Contract Employees Service Regularization Act 2023

AP Contract Employees Service Regularization Act 2023 AN ACT FURTHER TO REGULARISE THE SERVICES OF PERSONS APPOINTED ON CONTRACT BASIS ACT No. 30 of 2023.

ANDHRA PRADESH ACTS, ORDINANCES AND REGULATIONS Etc.,

The following Act of the Andhra Pradesh Legislature received the assent of the Governor on the 18th October, 2023 and the said assent is hereby first published on the 20th October, 2023 in the Andhra Pradesh Gazette for general information

ACT No. 30 of 2023.

AN ACT FURTHER TO REGULARISE THE SERVICES OF PERSONS APPOINTED ON CONTRACT BASIS.

Be it enacted by the Legislature of the State of Andhra Pradesh in the Seventy fourth year of the Republic of India as follows:-

CHPATER - I  PRELIMINARY

Short title, Extent and

1. (1) This Act may be called the Andhra Pradesh Regularisation of commencement.

Services of Contract Employees Act, 2023.

• It shall extend to the persons, who have been appointed on Contract basis on or before 2^nd June 2014 and are continuing till date in Government Departments.
• It shall come into force on such date as the State Government may, by notification, appoint.

2. In thisAct, unless the context otherwise requires,-

• "Persons appointed on Contract Basis" means a person appointed in Government Departments duly following the conditions specified in Clause 3 under Chapter-II of this Act;

Explanation: The persons so appointed on contract basis.

• '"Government" means the Government ofAndhra Pradesh;
• "Government Department" means the Government Departments as enumerated in the Schedule to this Act.
• "Regularisation" means the substantive appointment, under the provisions of thisAct, of a person appointed on contract basis in a Government Department.
• "National Pension System (NPS)" means the contributory pension system referred to in section 20 of the Pension Fund Regulatory and Development Authority Act, 2013, whereby contributions from a subscriber are collected and accumulated in an Individual pension account using a system of points of presence, a Central Record keeping Agency and pension funds, as may be specified by regulations by Pension Fund Regulatory and DevelopmentAuthority;
• 'Notification' means a notification published in the Andhra Pradesh Gazette;

CHAPTER-II REGULARIZATION OF SERVICES OF PERSONS APPOINTED ON CONTRACT BASIS

3. Notwithstanding anything contained in any law/ Rule/ Notification/ Government order for the time being in force, the persons appointed on contract basis, shall be regularised, subject to fulfilment of the following conditions.

• Regularization shall be applicable to the persons appointed on contract basis in the Government Departments only.
• The persons should have been appointed on contract basis as on 2^nd, June 2014 and should be continuing as on the date of the commencement of this Act.

(³) The contract appointments should have been made on full time basis only. The appointments made on Part- time, Hourly, Guest Basis, etc., shall not be considered for the purpose of regularisation,

(4) The contract appointments should have been made against substantive vacancies of permanent sanctioned posts with concurrence of Finance Department under the provisions of this Act.

Provided that such persons appointed on contract basis, if discontinued temporarily in vacation departments, shall also be entitled to be regularised under thisAct, subject to condition

(5) of Section 3;

(⁵) The regularisation of a person appointed on contract basis shall be considered, only If his Initial appointment was in due compliance with the procedure relating to;

• Selection Process;
• Rule of reservation;
• Eligibility, age & educational qualifications prescribed for the post;
• Notification of Vacancies.

(6) The regularisation shall be only, against, clear vacancies after duly excluding the vacancies notified by the recruitment bodies such as Andhra Pradesh Public Service Commission (APPSC),Andhra Pradesh State Level Police Recruitment Board (APSLPRB), etc.,

4. Notwithstanding anything contained in any law for the time being in force, the regularization shall be with prospective effect only i.e., with effect from the date of issue of orders of regularization under this Act. The period rendered on contract basis shall not be counted for any service benefits.

Counting the contract service for benefits.

 

The persons so regularized shall be governed by the provisions of the National Pension System (NPS) as adopted by the Government and with prospective effect only.

CHAPTER-Ill MISCELLANEOUS

6. Power to make Rules.

 

Subject to the provisions of this Act, the Government may, by notification in the official Gazette, make Rules to give effect to the provisions of this Act.

 

7. Power to remove difficulties

 

If any difficulty arises in giving effect to the provisions of this Act, the Government ofAndhra Pradesh may, by order published In the official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

Provided that no order shall be made under this section after the expiry of three (3) years from the commencement of this Act.

Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.

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