The Andhra Pradesh (50 Percent Reservation to BCs, SCs, STs and Minorities in all the Nominated Posts) Act, 2019

1 THE ANDHRA PRADESH (50 PERCENT RESERVATION TO BCs, SCs, STs and MINORITIES IN ALL THE NOMINATED POSTS) ACT, 2019. (ACT NO.24 OF 2019) ARRANGEMENT OF SECTIONS Sections 1. Short title, extent and commencement 2. Definitions 3. Reservation 4. Earmarking 5. Nodal Department 6. Power to remove difficulties 7. Act to override the other laws 8. Power to make rules 2 THE ANDHRA PRADESH (50 PERCENT RESERVATION TO BCs, SCs, STs and MINORITIES IN ALL THE NOMINATED POSTS) ACT, 2019. (ACT NO. 24 OF 2019) [17th August, 2019] AN ACT TO PROVIDE RESERVATION IN NOMINATED POSTS FOR POLITICAL UPLIFTMENT OF BCs, SCs, STs AND MINORITIES AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. Be it enacted by the Legislature of the State of Andhra Pradesh in the Seventieth Year of the Republic of India, as follows: 1. Short title, extent and commencement - (1) This Act may be called the Andhra Pradesh (50 Percent Reservation to BCs, SCs, STs and Minorities in all the Nominated Posts) Act, 2019. (2) It extends to the whole of the State of Andhra Pradesh. (3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint. 2. Definitions - In this Act, unless the context otherwise requires, - (a) “Backward classes” means the class or classes of people other than the Scheduled Castes and the Scheduled Tribes, who are socially and educationally backward, as may be notified by the Government of Andhra Pradesh in the State Gazette, from time to time. (b) “Government” means the Government of Andhra Pradesh. (c) “Minority”, for the purposes of this Act, means a community notified as such by the Central Government; (d) “Nominated Post” means Office to which an appointment is made or proposed by the Government; (e) “Notification” means Notification published in the Andhra Pradesh Gazette and the word notified shall be construed, accordingly; (f) “Prescribed” means prescribed by Rules made under this Act; (g) “Scheduled Castes and Scheduled Tribes” shall have the meanings assigned to them respectively under Clause (24) and Clause (25) of Article 366 of the Constitution of India. 3. Reservation - There shall be 50% Reservation to BCs, SCs, STs and Minorities in all the nominated posts in all the Corporations/Agencies/Bodies/Boards/Societies/Committees functioning under all the Administrative Departments of the State of Andhra Pradesh,- (i) There shall be 50% Reservation to BCs, SCs, STs and Minorities in respect of all the nominated posts of Chairpersons in all the Corporations/Agencies/Bodies/Boards/Societies/Committees, functioning under all the Administrative Departments of the State of Andhra Pradesh; 3 (ii) There shall be 50% Reservation to BCs, SCs, STs and Minorities in respect of all the nominated posts of Directors/Members in all the Corporations/Agencies/Bodies/Boards/Societies/Committees, functioning under all the Administrative Departments of the State of Andhra Pradesh; (iii) There shall be 50% Reservation in the Nominated Posts of Directors/Members in Every Corporation/Agency/Body/Board/ Society/Committee, as a Unit; (iv) There shall be a minimum of 50 % reservation for women out of the reservation earmarked for BCs, SCs, STs & Minorities in their respective Reservations in the nominated posts. (v) The above mentioned reservation is not applicable to the Bodies and Boards created under The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987(Act No.30 of 1987) and The Wakf Act, 1995 (Central Act No.43 of 1995). 4. Earmarking - The 50% reservation to BCs, SCs, STs and Minorities in nominated posts shall be apportioned as follows: Sl. Percentage of Category No. Reservation 1. BCs & Minorities 29% 2. SC 15% 3. ST 6% TOTAL 50% 5. Nodal Department - General Administration Department shall be the Nodal Department to monitor the reservation in the nominated posts. The Administrative Department concerned shall submit information in respect of said reservation to the GAD which shall maintain the list of all such nominated posts. 6. Power to remove difficulties - (1) If any difficulty arises in giving effect to the provisions of the Act, the Government may, by order, make such provisions, not inconsistent with the provisions of the Act, as appear to them to be necessary or expedient for removing the difficulty: P rovided that no such order shall be made after the expiry of two years from the commencement of the Act. (2) Every order made under this section shall as soon as, may be, after it is made, laid before each house of the State Legislature. 7. Act to override the other laws - Unless otherwise expressly provided in this Act, the provisions of this Act and of any orders and rules made thereunder shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of such law. 8. Power to make rules - (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 Legislature of the State, if it is in session and if it is not in 4 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 Legislature 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. SALADI VENKATESWARA RAO, Secretary to Government (FAC), Legal and Legislative Affairs & Justice, Law Department.