The
following Bill was introduced in the Andhra Pradesh Legislative Assembly on 25th
September, 2023.
L. A. Bill No.
31 of 2023
A BILL FURTHER TO AMEND THE ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION (ABSORPTION OF EMPLOYEES INTO GOVERNMENT SERVICE) ACT, 2019.
Be it enacted by the legislature of the State of Andhra Pradesh in the Seventy-fourth Year of Republic of India as follows: -
1. Short title, extent and commencement:
-
(1) This Act may be called the Andhra
Pradesh State Road Transport Corporation (Absorption of Employees into
Government Service (Amendment) Act, 2023.
(2) It shall be deemed to have come into force with effect on and from the 27th December, 2019.
2. Amendment of section 5. Act
No.36 of 2019: -
In the Andhra Pradesh State Road Transport Corporation (Absorption of Employees into Government Service) Act, 2019, the following provisos shall be added to section 5.
"Provided that the APSRTC Employees' (Service) Regulations, 1964, APSRTC Employees' (Conduct) Regulations. 1963 and APSRTC Employees' (CC&A) Regulations, 1967 shall continue to govern the Service conditions of the employees of Andhra Pradesh Public Transport Department (APPTD) until further rules consequent to the absorption are framed by the Government under Sections 4 and 5 of the Act 36 of 2019.
Provided further that no disciplinary proceedings shall be deemed to be invalidated solely on the grounds of the initiation of the said proceedings by the respective appointing authorities / disciplinary authorities as notified under the APSRTC Regulations previously applicable to the said employees absorbed into Government service, Public Transport Department.".
3. Repeal of Ordinance No. 4
of 2023: -
(1) the Andhra Pradesh State Road Transport
Corporation (Absorption of Employees into Government Service) (Amendment)
Ordinance, 2023 is hereby repealed.
(2) Notwithstanding such repeal. anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
STATEMENT OF
OBJECTS AND REASONS
The Government of Andhra Pradesh absorbed the employees of APSRTC into Government Service, w.e.f. 01.01.2020, by creating "Public Transport Department" as Head of the Department under the administrative control of T,R&B Department in accordance with the provisions of "the Andhra Pradesh State Road Transport Corporation (Absorption of employees into Government Service) Act, 2019 (Act No.36 of 2019)" Published in AP Gazette Notification (Part-1 Extraordinary), No.2, G837 of TR & B (TR.II) Dept., dated 01.01.2020.
In terms of Section 4 of the said Act, save as otherwise provided for the Government, by notification specially applicable to absorbed employees of APSRTC, all rules made by or under any law for the time being in force applicable to the State Government employees shall be applicable to the employees of APSRTC absorbed into Government service by virtue of this Act.
In terms of section 5 of the said Act, it shall be competent for the Government to frame such rules to regulate the service conditions of absorbed employees of APSRTC and the same shall bind on the absorbed employees.
In terms of the above provisions, the Service rules for AP Public Transport Department (APPTD) were notified by the Government, vide G.O.Ms.No.12 to 25 of TR&B Department dated:24.05.2021, applicable to the State and Subordinate Services employees. But, no separate Conduct rules and CCA rules were notified by the Government for AP Public Transport Department (APPTD) employees.
Therefore, the AP Public Transport Department (APPTD) continued to initiate disciplinary proceedings, by the respective disciplinary authorities / appointing authorities, as applicable under the predecessor APSRTC CCA Regulations and Conduct Regulations.
In the said Subordinate Service rules communicated by the Government, the Regional Manager was notified as the appointing authority to the subordinate services employees for whom the unit of appointment is Region / District; whereas, Depot Manager and other equivalent Officers are appointing authorities as per APSRTC Regulations.
On account of the above stated in Congruence resulting from the designation of Regional Manager as the appointing authority, several legal complications are created and a number of Writ Petitions have been filed in the Hon'ble High Court of Andhra Pradesh contesting the disciplinary proceedings initiated in APPTD in accordance with predecessor APSRTC CCA Regulations and Conduct Regulations, in the aftermath of Service rules notified on 24.05.2021.
In view of
the above said circumstances, there was a need to amend Section 5 the Act No.36
of 2019, so as to
a) ensure continuity and functioning of
APPTD in accordance with the predecessor regime,
b) sustain the disciplinary proceedings
which have been initiated against delinquent employees of PTO as per APSRTC
Conduct and CCA Regulations,
c) Ensure that there is no vacuum in
relation to the conduct of disciplinary proceedings,
d) Remove legal complications arising from
the notification of Regional Manager as the appointing authority issued in the year
2021, which has not been brought into effect for the purpose of recruitment,
post 2021 and
e) Provide for future course of action in accordance therewith.
The Andhra Pradesh State Road Transport Corporation (Absorption of Employees into Government Service) (Amendment) Ordinance, 2023 added the following provisions in Section 5 in the Andhra Pradesh State Road Transport Corporation (Absorption of Employees into Government Service) Act, 2019,
"Provided that the APSRTC Employees' (Service) Regulations, 1964, APSRTC Employees' (Conduct) Regulations, 1963 and APSRTC Employees, (CC&A) Regulations, 1967 shall continue to govern the Service conditions of the employees of Andhra Pradesh Public Transport Department (APPTD) until further rules consequent to the absorption are framed by the Government under Sections 4 and 5 of the Act 36 of 2019.
Provided further that no disciplinary proceedings shall be deemed to be invalidated solely on the grounds of the initiation of the said proceedings by the respective appointing authorities / disciplinary authorities as notified under the APSRTC Regulations previously applicable to the said employees absorbed into Government service, Public Transport Department.”.
As the Legislature of the State was then not in Session and having been prorogued and it has been decided to give effect to the above provisions immediately, the Governor has promulgated the Andhra Pradesh State Road Transport Corporation (Absorption of Employees into Government Service) (Amendment) Ordinance, 2023 on 23rd June, 2023 and the same has been published in Telugu and English in Part IV-8, extraordinary of the Andhra Pradesh Gazette, dated.26th June, 2023 (AP. Ordinance No.4-of2023) for amending the Section 5 of the Andhra Pradesh State Road Transport Corporation (Absorption of employees into Government Service) Act, 2019 (Act No.36 of 2019).
The Bill seeks to replace the
said Ordinance and to give effect to the above decision.
PINIPE VISWARUP,
Minister for Transport
MEMORANDUM UNDER RULE 95 OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE ANOHRA PRADESH LEGISLATIVE ASSEMBLY
The Andhra
Pradesh State Road Transport Corporation (Absorption of Employees into
Government Service) Amendment Bill, 2023, after it is passed by the Legislature
of the State, may be submitted to the Governor for his assent under article 200
of the Constitution of India.
PINIPE VISWARUP,
Minister for Transport
Dr. P.P.K. RAMACHARYULU.
Secretary General to State Legislature.
