GOVERNMENT OF ANDHRA PRADESH
FINANCE & PLANNING (F.W. PC.Ill) DEPT.
Memo.No.11792/F/123/PC.lll/94 Dt.2-4-1994.
Sub:
The A.P (Regulation of Appointment to Public Services
and Rationalisation of staff and pay structure) act 2 to 1994 - instructions to
Audit Officers - reg.
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The A.P. (Regulation of Appointment to Public Services
and Rationalisation of staff and pay structure) Act 2 to 1994 intended to
regulate appointments and prohibit irregular appointments in offices and
establishments under the control of the State Govt, local authorities etc.,
have come into force with effect from 25-11-1993.
2. This
Act, inter-alia, prohibits appointments or recruitments in any public service
to any post in any class, category or grade including on temporary/daily wage
basis except under the conditions stipulated under Section 4(a) (b) & (c)
of the Act. Where an appointment is not in accordance with Section 4, the drawing
authority shall not sign the salary bill of the appointee concerned and the pay
and Accounts Officer/Sub Treasury Officer or any other Audit Officer who is
charged with the responsibility of passing the salary bill shall not pass the
bills unless a certificate issued by the appointing authority to the effect
that appointment has been made in accordance with Section 4 is attached to the
first salary bill of the appointee concerned.
3. Section
10 (i) of the Act also lays down that no post shall be created in any office or
establishment relating to a public service without the prior sanction of the
competent authority. It has been decided that Govt is the sole competent
authority under this Act for creation of any post in any office. Orders were
also issued in G.O.Ms.No.146 Fin & Pig (F.W.PC.III) Dept dt. 31-3-1994
notifying the Govt as competent authority for creation of any post (copy
enclosed). Therefore, the approval of
the Govt. for creation of any post in the public service is required and any post created
without the approval of the Govt is violative of the above provisions and any
appointments to such posts shall be invalid and attract the provisions of the
sections 5,6 and 7 of the said Act.
4. In order
to ensure that these instructions are scrupulously followed, the Act also
provides for severe penalties like disciplinary actions, recovery of salary,
prosecution of the appointing authorities including those holding elective
offices who violate the provisions of the said Act.
5. The
Director of Treasuries and Accounts/Pay and Accounts Officer, Hyd/Director of
Local Fund Audit/Pay and Accounts Office(Projects)/ Asst. Pay and Accounts
Officer (Projects) / all District Treasury Officer / Sub-Treasury Officers and
other audit Officers are therefore directed not to pass salary bill of any
employee unless a certificate to the effect that the appointment has been made
in accordance with provisions of the Section 4 of the Act is enclosed and
unless a copy of the G.O sanctioning the post is enclosed, in case of posts
created after 25-11-1993. Any Sub-Treasury Officer/Dist Treasury Officer/Pay
Accounts Officer/Pay and Accounts Officer (Projects), Asst.Pay and Accounts
Officer (Projects) violating this direction will be liable for punishment under
Sections 13 and 14 of the Act.
AR.JAVA PRAKASH
Special Secretary to Governament
