The Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2014.
The Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2014.
ACTS - State - The
Andhra Pradesh Public Employment (Regulation of Age of Superannuation)
(Amendment) Act, 2014 - Publication ordered as Andhra Pradesh Act No. 4 of 2014.
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LAW (F) DEPARTMENT
G.O.Ms.No. 63 Dated: 27th June, 2014.
The Andhra Pradesh Public Employment
(Regulation of Age of Superannuation) (Amendment) Act, 2014, will be published
in the Andhra Pradesh Gazette in English, Telugu and Urdu Languages as Andhra
Pradesh Act No.4 of 2014.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
SECRETARY TO GOVERNMENT.
APPENDIX
The following Act of the Andhra Pradesh
Legislature was assented to by the Governor of Andhra Pradesh on the 27th June, 2014 and the said assent is hereby first
published on the 27th June, 2014 in the Andhra
Pradesh Gazette for
general information:-
(Here enter the Act
enclosed)
The Andhra Pradesh
Public Employment (Regulation of Age of Superannuation) (Amendment) Act,
2014.
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Public Services – Age of Superannuation of Government Employees – Enhancement of age of superannuation from 58 to 60 years in AP Public Employment (Regulation of Age of
Superannuation) (Amendment) Act, 2014 (Act 4 of 2014) – Instructions – Issued – Regarding.
FINANCE (HRM IV) DEPARTMENT
G.O.Ms.No.147 Dated: 30.06.2014
Read the following: -
Andhra Pradesh Public Employment (Regulation of Age of Superannuation)
ORDER:
(Amendment) Act, 2014 (Act 4 of 2014).
oOo
In the Act read above, among others, the following amendment has been issued to sub- section (1) of section 3 of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984, “2. In the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984, (hereinafter referred to as principal Act) in section
3, (1) for sub-section (1), the following sub section shall be substituted, namely,-
“(1) Every Government employee shall retire from service
on the afternoon of the last day of the month in which he
attains the age of sixty years.”
2. As per sub-section (2) of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984, the provisions of the said Act shall apply to the following categories of employees:
i) persons appointed to public services and posts in connection with the affairs of the state;
ii) officers and other employees working in any local authority, whose salaries and allowances are paid out of the consolidated fund of the State;
iii) persons appointed to the Secretariat Staff of the Houses of the State Legislature and
iv) every other officer or employee whose conditions of service are regulated by the rules framed under the proviso to Article 309 of the Constitution of India before the commencement of this Act, other than the Village Officers and Law Officers; whether appointed before or after the commencement of this Act.
3. As per clause sub-section (6) of section 2 of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984, “Local Authority” means in relation to local area comprised within the jurisdiction of a Municipal Corporation, the concerned Municipal
Council, Zilla Parishad, Panchayat Samithi or Gram Panchayat;
4. Provisions of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2014 (Act 4 of 2014) are therefore, applicable only to the
categories mentioned in clauses i) to iv) read with sub-section (6) of section 2 of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984.
5. All the Departments of the Secretariat and the Heads of Departments shall take necessary action to implement the provisions of the Act scrupulously.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
Dr.P.V.RAMESH
PRINCIPAL SECRETARY TO GOVERNMENT)
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------------------------------------------Public Services – Age of Superannuation of Government Employees – Enhancement of age of superannuation from 58 to 60 years in AP Public Employment (Regulation of Age of
Superannuation) (Amendment) Act, 2014 (Act 4 of 2014) – Instructions – Issued – Regarding.
FINANCE (HRM IV) DEPARTMENT
G.O.Ms.No.147 Dated: 30.06.2014
Read the following: -
Andhra Pradesh Public Employment (Regulation of Age of Superannuation)
ORDER:
(Amendment) Act, 2014 (Act 4 of 2014).
oOo
In the Act read above, among others, the following amendment has been issued to sub- section (1) of section 3 of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984, “2. In the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984, (hereinafter referred to as principal Act) in section
3, (1) for sub-section (1), the following sub section shall be substituted, namely,-
“(1) Every Government employee shall retire from service
on the afternoon of the last day of the month in which he
attains the age of sixty years.”
2. As per sub-section (2) of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984, the provisions of the said Act shall apply to the following categories of employees:
i) persons appointed to public services and posts in connection with the affairs of the state;
ii) officers and other employees working in any local authority, whose salaries and allowances are paid out of the consolidated fund of the State;
iii) persons appointed to the Secretariat Staff of the Houses of the State Legislature and
iv) every other officer or employee whose conditions of service are regulated by the rules framed under the proviso to Article 309 of the Constitution of India before the commencement of this Act, other than the Village Officers and Law Officers; whether appointed before or after the commencement of this Act.
3. As per clause sub-section (6) of section 2 of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984, “Local Authority” means in relation to local area comprised within the jurisdiction of a Municipal Corporation, the concerned Municipal
Council, Zilla Parishad, Panchayat Samithi or Gram Panchayat;
4. Provisions of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2014 (Act 4 of 2014) are therefore, applicable only to the
categories mentioned in clauses i) to iv) read with sub-section (6) of section 2 of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984.
5. All the Departments of the Secretariat and the Heads of Departments shall take necessary action to implement the provisions of the Act scrupulously.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
Dr.P.V.RAMESH
PRINCIPAL SECRETARY TO GOVERNMENT)
GOVERNMENT OF ANDHRA PRADESH
FINANCE (HRM IV) DEPARTMENT
Circular Memo No.4179/14 /HRM IV/
2014 Dated: 02.07.2014.
Sub: -
|
Public
Services – Age of Superannuation of Government Employees – Enhancement of age
of superannuation from 58 to 60 years in AP Public Employment (Regulation of
Age of Superannuation) (Amendment) Act, 2014 (Act 4 of 2014) – Applicability
- Clarification – Issued – Regarding.
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Ref:
-
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Andhra
Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment)
Act, 2014 (Act 4 of 2014).
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* * * *
In the reference cited, among others, an amendment has been issued to
sub-section (1) of section 3 of the Andhra Pradesh Public Employment
(Regulation of Age of Superannuation) Act, 1984 enhancing the age of
superannuation of the Government employees from 58 to 60 years.
As per
sub-section (2) of section 1 of the Andhra Pradesh Public Employment
(Regulation of Age of Superannuation) Act, 1984, the provisions of the said Act
shall apply to the following categories of employees:
i)
persons appointed to public services and posts in connection with the affairs
of the state;
ii)
officers and other employees working in any local authority, whose salaries and
allowances are paid out of the consolidated fund of the State;
iii)
persons appointed to the Secretariat Staff of the Houses of the State
Legislature and
iv) every other officer or
employee whose conditions of service are regulated by the rules framed under
the proviso to Article 309 of the Constitution of India before the commencement
of this Act, other than the Village Officers and Law Officers; whether
appointed before or after the commencement of this Act.
However certain doubts have been expressed on the applicability of the
enhanced age of superannuation to the employees of the urban and rural local
bodies, state public enterprises, autonomous institutions and other entities
and to the teaching and non-teaching employees of the aided educational
institutions and universities.
2. In order
to make the position clear, the following clarifications are issued:
Whether the employees of
the urban and rural local bodies including the teaching and non-teaching
employees in the educational institutions in their jurisdiction, are eligible
for the enhanced retirement age of 60 years
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The
salaries of these employees except those belonging to the Greater
Visakhapatnam Municipal Corporation and the Vijayawada Municipal Corporation
are paid through the treasuries. Therefore, these employees are covered under
clause (ii) of sub-section (2) of section 1 of Andhra Pradesh Public
Employment (Regulation of Age of Superannuation) Act, 1984. Therefore, the
employees belonging to the urban and rural local bodies other than the
Greater Visakhapatnam Municipal Corporation and the Vijayawada Municipal
Corporation, are eligible for the enhanced retirement age of 60 years.
In
respect of the above two municipal corporations the Municipal Administration
and Urban Development Department may examine the issue in greater detail and
send necessary proposals for extension of the benefit to the employees of the
GVMC and the VMC.
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Whether
the employees of the aided educational institutions are eligible for the
enhanced retirement
age of 60 years;
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The
age of superannuation of the teaching and non-teaching employees of the aided
educational institutions are governed by section 78-A of the
Andhra Pradesh Education Act,
1982. As amended by the Act 17 of 1993, the teaching and non-teaching staff
not belonging to the last grade service shall retire on the afternoon of last
day of the month in which he attains the age of 58 (fifty eight) years,
whereas the members belonging to last grade service shall retire on the
afternoon of the last day of the month in which he attains the age of 60
(sixty) years. The A.P. Public Employment (Regulation of Age of
Superannuation) (Amendment) Act, 2014 did not amend any provisions of the
A.P. Education Act, 1982. Hence the Education Department may examine the
issue as per the provisions of the A.P. Education Act, 1982 and take
necessary further action in the matter duly following the procedure laid down
in the AP Government Business Rules.
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Whether the enhanced age of
retirement will be applicable to the employees of the state public
enterprises and other autonomous institutions as per the Andhra Pradesh
Public Employment (Regulation of Age of Superannuation) (Amendment) Act,
2014;
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No.
As they are not included in sub-section (2) under
section 1 of the Andhra Pradesh Public Employment (Regulation of Age of
Superannuation) Act, 1984, the provisions of the said Act are not applicable
to the employees of the public enterprises and autonomous institutions. Hence
the amendment to the above said Act is also not applicable to the employees
of the state public enterprises and other autonomous institutions.
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Whether the clarification
issued by the General Administration (PE.I) Department vide Letter No. 856/PE.I/84-1
dated 1-9-1984 to the effect that the ordinance No. 24 of 1984 (in which age
of superannuation was enhanced to 58 years) is mutatis-mutandis applicable to
the employees of the Public Enterprises in the State and the officers of the
PE, is still applicable and is in vogue;
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No.
The letter of the General Administration Department
is not relevant in the changed circumstances due to promulgation of the
Andhra Pradesh Reorganisation Act, 2014. The public enterprises and other
autonomous institutions of the erstwhile composite state of Andhra Pradesh
are included in the Ninth Schedule of the Act and are allowed one year time,
under section 82 of the said Act, to apportion these entities. As the
employees of these institutions are not yet apportioned between the two
successor states of Telangana and the Andhra Pradesh, they cannot be treated
at present as employees of the entities belonging to the residuary successor
state of Andhra Pradesh. Therefore, the enhanced age of superannuation cannot
be made applicable mutatis mutandis to the public enterprises of the
erstwhile composite state of Andhra Pradesh.
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Whether the employees of the institutions
and training centres etc., included in the Tenth Schedule of the A.P.
Reorganisation Act, 2014 are eligible for the enhanced retirement age of 60
years;
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No.
As per Section 75 of the A.P. Reorganisation Act,
2014 , the institutions in the erstwhile State of Andhra Pradesh which are
located now in the residuary State of Andhra Pradesh or the State of
Telangana, as the case may be, specified in the tenth schedule, shall render
service or continue to provide the facilities to the other State for such
period and upon such terms and conditions as may be agreed upon between the
two State Governments within a period of one year from the appointed day or,
if no agreement is reached within the said period as may be fixed by order of
the Central Government. In view of the fact that such agreement between the
two State Governments has yet to be arrived at separately for each
institution and also considering the fact that at present these institutions
do not wholly belong to the residuary State of Andhra Pradesh, the provisions
of The A.P. Public Employment (Regulation of Age of Superannuation)
(Amendment) Act, 2014, will not apply to these institutions.
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Whether the non-teaching
employees of the Universities are eligible for the enhanced retirement age of
60 years on the ground that the Government is sanctioning block grants to the
Universities from which the salaries of these employees are being paid;
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No.
The Universities are
statutory bodies created under the specific acts of the State Legislature
which have specific provisions relating to cadre management and service
conditions of their employees. The A.P. Public Employment (Regulation of Age
of Superannuation) (Amendment) Act, 2014, did not amend any provisions of the
acts pertaining to the Universities in the State.
Hence the Education Department may examine the issue
and take necessary further action duly following the procedure laid down in
the AP Government Business Rules.
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3. All the
Departments of the Secretariat are requested to take necessary action to
communicate the above instructions to the Universities, aided educational
institutions, PSUs, and other autonomous institutions under their control and
ensure that there is no violation of any provisions of the A.P. Public
Employment (Regulation of Age of Superannuation) (Amendment) Act, 2014 and any
other Act that deals with the age of superannuation of the employees governed
by the respective Acts.
AJEYA KALLAM
PRINCIPAL
FINANACE SECRETARY
Establishment – A.P Secretariat – Single Unit - Section Officers/Private
Secretaries to Secretaries to Government due to retire during the year 2014 –
Notified in A.P. Gazette – Amendment – Orders - Issued.
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GENERAL ADMINISTRATION (SU.I) DEPARTMENT
G.O.Rt.No: 2733 Dated:30-07-2014.
R e a d the following:-
1.G.O.Rt.No.4996,GA(SU.I)Dept.,dated.16.11.2013.GazetteNo.803, Dt:02-12-2013.
2.AP Public Employment (Regulation of Age of Superannuation) (Amendment) Act 2014 on 27.6.2014 and published as Act No.4 of 2014 in the G.O.Ms.No.63 Law (F)Dept.,dated,27.6.2014.
ORDER:
In Government Order 1st read above, the retirement of the Section Officers / PSs have been notified for the Calendar year2014 in the united AP, on attaining the age of Superannuation i.e., 58 years.
2. In the Act 2nd read above, among others, the following amendment has been issued to subsection (1) of section 3 of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984,
“2. In the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act,1984, (hereinafter referred to as principal Act) in section 3, (1) for sub-section (1), the following sub section shall be substituted, namely,-
“(1) Every Government employee shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years.”
3. In accordance to the above, the names of SOs / PSs whose retirement has been notified in GO first cited for the months from June to December 2014 are here by deleted.
Accordingly the following Amendment is issued to the
G.O.Rt.No.4996, GA(SU.I) Dept., dt.16.11.2013 and will be published in AP Gazette..
A M E N D M E N T:
The names and details of the Section Officers / Private Secretaries to Secretaries to Government mentioned in columns (2)to(6) of G.O.Rt.No. 4996, GA(SU.I) Dept., dt.16.11.2013, at Sl. NO. 13,15,18,19,26&31 are hereby
deleted.
4. The Commissioner of Printing, Stationery and Stores Purchase (Printing Wing) Department, Hyderabad is requested to publish the notification in the extraordinary issue of the Gazette and furnish (50) copies to Government.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) LINGARAJ PANIGRAHI,
Special Chief Secretary to Government (GPM&AR) & (Accom.) & Principal Secretary to Government (Ser.& HRM) (FAC)
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