These instructions are issued under rule 20 of Andhra Pradesh Government Business Rules, 2018
CHAPTER I: INTRODUCTION
1. Title
These instructions may be called “The Andhra Pradesh Secretariat Instructions, 2023”.
2. Definitions
In these instructions, unless there is anything repugnant in the subject or context-
(1) ‘e-office’ means the electronic file processing platform being used by the Government in Secretariat and Heads of Departments;
(2) ‘Human Resource matters’ means matters pertaining to service rules, recruitment, retirement, termination and such other matters relating to service conditions of a Government servant or a class of Government servants;
(3) ‘Petition’ means a representation or request or application submitted physically or electronically to a functionary of Government, seeking delivery of public service or resolution of an issue;
(4) ‘Signature’ includes digital signature and e-signature;
(5) ‘Sponsoring Secretary’ in respect of a case means the Secretary in charge of the department who initiates the proposal and to whom the subject is allotted;
(6) ‘Words and expressions’ used but not defined in these instructions shall have meanings assigned to them in the Andhra Pradesh Government Business Rules, 2018.
(7) ‘References’ in the instructions to cases involving financial issues or proposals affecting the finances of the State shall be construed as references to the cases or proposals in respect of which the Finance Department is required to be consulted under Business Rule 10.A.
CHAPTER II: DISPOSAL OF BUSINESS
3. Minister’s Standing Orders
(1) The Minister-in-charge, may make standing orders under rule 16 of Andhra Pradesh Government Business Rules, 2018. The Secretary may further delegate his powers to the officers under his control. The standing orders shall be intimated to the Chief Minister.
(2) Notwithstanding the delegation under standing orders, the Minister in- charge may direct the Secretary that any case in his department shall be submitted to him for orders.
(3) Notwithstanding the delegation under standing orders, the Secretary may circulate files of importance if he so chooses.
(4) In all cases either covered (or) not by delegation under the standing orders, where a file is sent by an officer below Secretary to Minister without submitting it to the Secretary, the file shall pass through the Secretary on its return from the Minister.
4. Secretary to Government
(1) The Secretary in a Department is Secretary to Govt., and he shall ensure that the policy of the Government in the department concerned is carried out. He shall tender necessary advice to the Minister either orally or in a written at any time before the Minister passes final orders on a case. He shall draw the attention of the Minister to the fact that any proposed course of action is contrary to the provisions of any rule or law or is at variance with the previous policy adopted by the Govt.
(2) In the cases where Secretary observes any errors of fact in the Minister’s Note, he shall return the case to the Minister with a Note or re-circulate the case to the Minister forthwith.
(3) In the cases where orders passed by the Chief Minister are at variance with those passed approved by the Minister concerned, the Secretary of the Dept., unless orders to be issued thereon are urgent, should show such orders to the concerned Minister; otherwise, the file may be put-up to the Minister concerned after issue of the orders thereon.
(4) While circulating the files the Secretary shall invariably mention in the circulation note the Business Rule under which the file is proposed for circulation and shall indicate the specific issue on which orders in circulation are sought in the last para of the circulation Note. In cases where alternative courses of action are possible, Secretary shall record his specific recommendation on the course of action to be taken.
5. Disposal of cases
(1) Unless provided by any other rule, Secretary or an officer authorized by him shall submit the cases specified in the Annexure. A to the Minister- in-charge for orders.
(2) Secretary shall ordinarily dispose cases not specified in Annexure.A.
(3) Requests of employees on issues already decided by the Government shall not be entertained irrespective of any endorsement. Such papers received shall be lodged.
(4) Service Level Agreement (SLA) for passing orders
(i) It is the duty of the Secretary to take efficient steps for the prompt dispatch of business in accordance with these instructions. Unless he considers it necessary to re-circulate the case, it is also the duty of the Secretary to ensure that orders passed in circulation are issued within 24 hours for short orders and 48 hours for long orders, except in cases where the case has to be circulated to the other Departments before issue of orders and that the Minister concerned is informed of the progress of the case. Even in cases involving inter-departmental consultations, orders should be issued within fifteen days. The Circulating Officer should maintain a register to watch the effective implementation of the orders passed in circulation and he will be held personally responsible for the expeditious implementation of the orders.
(ii) In cases of urgent nature where any case has been held up with a Minister for more than 7 days, the concerned Secretary in-charge may circulate a note to the Chief Minister through Chief Secretary duly indicating the date of circulation of the case to the concerned Minister, the urgent nature of the matter involved therein and the need for its early disposal so that the Chief Minister could pass appropriate orders. In other than urgent cases, where any case has been held up with a Minister for more than 14 days, the concerned Secretary in- charge may circulate a note to the Chief Minister through Chief Secretary.
(5) Delegated cases disposal. Officers of all ranks shall dispose cases where powers are delegated to them without submitting them to higher officers or Minister-in-charge.
(6) Secretary shall ensure that all communications between HoD and Secretariat be through E-Office.
6. Issue of Orders
A Secretary may, without submitting the draft to any Minister or to the Governor, direct the issue of any dispatch letter, order or reference in any case on which orders have been duly passed in accordance with these instructions:
Provided that -
(a) if a Minister or the Governor has desired that any draft should be sent to him before issue, it shall be so sent;
(b) no reference shall be issued from any department on the suggestion of a Minister not in charge of the department without the knowledge of the Minister in-charge of it;
(c) if a draft is to be sent to a Minister not in-charge of the department, it shall be sent first to the Minister in-charge of the department, then to any other Minister who is to see the draft and afterwards again to the Minister in-charge, if any alteration in the draft is suggested by the other Minister.
7. Cases involving conflict of interest
Cases where Secretary or any officer of the department has a conflict of interest shall be circulated to the Chief Minister through the Minister- in-charge.
8. Circulation to Governor
(1) Cases submitted to the Governor shall be sent through the Minister or Ministers concerned and the Chief Minister.
(2) Notes on addresses to be presented to the Governor, or on points raised in interviews with him, or prepared for his use in connection with any public speech, can be submitted to him only through the Chief Minister.
9. Cases relating to Legislature Department
All cases of Legislature Department shall be circulated with the approval of the Speaker of Legislative Assembly/ Chairman of Legislative Council, as the case may be.
10. Confidentiality of Secretariat notes
(1) Council Resolutions, notes written by a Minister or the Governor shall form part of Secretariat note files.
(2) Notes written in one department and sent to another shall not be communicated to an officer outside the Secretariat.
(3) Secretariat files shall not be sent outside the Secretariat to any offices including HoD.
(4) Secretariat files shall not be produced before any officer outside Secretariat other than by the Secretary in-charge.
(5) The files required by Audit Officers should be readily made available to them without any apprehension that objections may be taken in audit merely based on contradictions in the views expressed in notes by subordinate officials and higher authorities. If the contents of any file or any parts thereof are ‘Secret’ or ‘Top Secret’ the file may be sent personally by the authorised officer to the Accountant General or the Head of the Audit Office specifying this fact, who will then deal with it in accordance with the standing instructions for the handling and custody of such documents.
(6) No part of a file (including note file) in which orders are not yet issued, shall be printed or downloaded without the permission of the Mid-Level- Officer in-charge.
CHAPTER III: CONSULTATION
11. Cases affecting business of other departments
(1) Urgent cases.
A Minister in-charge may direct secretary in-charge to circulate the file dispensing with the circulation process. The consultation will be completed after issue of orders.
(2) Competence to refer to other departments.
Ordinary cases may be referred to another department by Mid-Level Officer and important cases shall be referred by the sponsoring secretary alone.
(3) Noting authority in consulted department.
No officer below the rank of a Middle Level Officer in the consulted department, may do the final noting in a file.
12. Consultation with other Secretaries
(1) Note for consultation. Where a case affects the business of more than one department, the proposal in the form of a note for consultation shall be prepared.
(2) Mode of dispatch. The note for consultation with copy of the full file may either be sent simultaneously to the Secretaries concerned or the file sent sequentially by the sponsoring Secretary.
(3) The Secretary consulted may, if needed, ask the sponsoring Secretary to send the file to his Minister through the sponsoring Minister.
(4) Deemed concurrence. The consulted Secretaries shall offer their views within the time limits indicated under rule 10 of Andhra Pradesh Government Business Rules, 2018 failing which the same shall be recorded in the note by pulling back the file by the Secretary in-charge and the case processed further.
(5) In-person discussions. Consultation with other departments should wherever possible, be effected by personal discussion between the secretaries or their subordinate officers of the departments concerned and the result of such discussion should be recorded in the note agreed between those officers.
13. Consultation with outside agencies/ Communication
(1) External consultation. When a consultation is required to be done with an external agency, such reference shall be made by the sponsoring Secretary.
(2) HoD Proposals. The responsibility of consultation on proposals initiated by Head of the department shall lie with him. The Head of the department shall consult all the required heads of departments or officers before submitting a proposal to Government.
(3) HoD the channel of communication between Government and Subordinate officers. The Ordinary channel of communication between the Government and a subordinate authority shall be through the Head of the Department concerned.
14. Consultation with other Ministers
(1) Mode of dispatch. Where a case concerns two or more Ministers, either the note for consultation with copy of the full file may be sent simultaneously to all the Ministers concerned or the file circulated sequentially by the Minister-in-charge.
(2) Deemed concurrence. The consulted Ministers shall offer their views within the time limits indicated under rule 10 of Andhra Pradesh Government Business Rules, 2018 failing which the same shall be recorded in the note by pulling back the file by the Secretary in-charge and the case processed further.
(3) Order of consultation. Save as otherwise provided in these instructions, order of consultation shall be as follows: -
(4) First to the Minister in-charge;
(5) Next to the finance minister, if financial issues are involved or if circulation to him is required by the Secretary (Finance); and
(6) Next to other Ministers concerned as per the pecking order issued by the General Administration Department.
(7) The sponsoring Secretary may in his discretion, interrupt circulation at any stage.
(8) If an interrupted circulation is resumed by the Secretary on any proposal which was not subject to consultation earlier, the case shall be treated as new case.
15. Cases of disagreement
(1) Disagreement between HoD and Secretariat department. Before Orders are issued rejecting or materially modifying the recommendations of the Head of the Department in any matter of importance, the Head of the department shall, unless the matter is of extreme urgency, be informed unofficially of the proposed order to enable him, if he thinks fit, to lay his views personally before the Minister-in-charge or the Chief Minister.
(2) Disagreement between Secretary and Minister. Where a Minister passes orders contrary to the orders suggested in the noting and where the Secretary of the Department considers it necessary to recirculate, circulation shall invariably be interrupted and the file circulated to the Chief Minister through the Chief Secretary.
(3) Disagreement between Secretaries. Cass where there is a disagreement between the departments shall be resolved through a meeting of secretaries or their subordinate officers convened by the sponsoring Secretary or his subordinate officer and the decision arrived at recorded in a note. If the disagreement persists, Chief Secretary may hold a meeting and resolve failing which the case shall be circulated to the Ministers concerned.
(4) Disagreement with Finance Department. Cases of disagreement with Finance, where a sponsoring Secretary wants to press the case in circulation shall be routed by the sponsoring Secretary through Minister- in-charge, Finance Minister and the Chief Minister in that order.
(5) Disagreement between Ministers.
(6) In cases of disagreement between Ministers, the Minister- in-charge may call for a meeting of the Ministers concerned and seek a resolution.
(7) A Minister who is disagreeing with views of other Minister(s) may ask the Minister-in-charge to convene a meeting of the Ministers concerned.
(8) A Minister may seek further information and time from the Minister- in-charge or sponsoring Secretary, for offering his comments, without interruption of circulation.
(9) Disagreements not resolved. The Andhra Pradesh Government Business Rule No.10(3) shall be followed.
(10) Disagreement between Speaker/Chairman of Legislature and Minister. Where there is a disagreement between the Speaker / Chairman and the Minister the decision of the Chief Minister shall be final.
(11) Consultation required due to disagreement. A case may not require consultation of any department due to the conservative stand taken by the sponsoring Secretary. If the reversal of such stand by the Minister in- charge affects the business of any department, then the sponsoring secretary shall recirculate the file after consulting such departments whose business is affected.
(12) Consultation orders by department without jurisdiction. If orders in circulation are obtained in a case from the Chief Minister by a department not dealing with the subject such file shall be forwarded to the Secretary dealing with the subject who in turn shall re-circulate the file if he finds that Business Rules are not followed while obtaining orders.
16. Cases falling within the purview of Ad-hoc Committees
(1) No consultation is required in respect of matters placed before the committees under Fourth Schedule of Andhra Pradesh Government Business Rules, 2018.
(2) Orders may be issued by the sponsoring Secretary based on the minutes of the meeting.
(3) Law department may vet the draft orders if required prior to issue.
(4) Cabinet ratification may be taken, if required, after orders are issued.
(5) If the Secretary and Minister of the department whose business is affected by the proposal is absent at a meeting of the committee and they consider a revision of the decision is necessary, then the sponsoring Secretary shall place the matter for reconsideration in the next meeting of the committee, and the decision in such meeting shall be final.
CHAPTER-IV: CONSULTATIONS - FINANCE MATTERS
17. Finance consultation
The Finance Department shall be consulted before the issue of orders upon all proposals which would directly or indirectly affect the finances of the State, and in particular–
(i) Proposals to abolish any post from the public service or to vary the emoluments of any post;
(ii) Proposals to sanction any allowance or special or personal pay for any post or class of posts or to any servant of the Government of the State;
(iii) Proposals involving abandonment of revenue or involving an expenditure for which no provision has been made in the Appropriation Act;
(iv) Proposals relating to issue of directives to any autonomous corporation, under the Articles of Association of the concerned Undertaking, if it entails any financial implication; and
(v) Any other proposal involving prospective or immediate effect of financial implication, -
Provided that the issues relating to notified Projects under the purview of Infrastructure and Investment Department shall be placed before the Standing Committee on Infrastructure and Investment. The recommendations of the Committee shall be circulated to the Chief Minister through Chief Secretary for decision without routing the file again to Finance Department.
18. Finance functions
The following shall be the functions of Finance Department.
(i) responsible for all matters relating to financial procedure and the application of the principles of sound finance;
(ii) review periodically the demand, collection and balance of the several classes of loans and advances and shall advise on all transactions relating to loans and advances;
(iii) responsible for the safety and employment of all funds belonging to, vesting in or under the management of the State Government;
(iv) examine and report on all proposals for the imposition, increase, reduction or abolition of taxes, duties, cesses or fees;
(v) advise on the financial aspects of all transactions relating to loans granted by the Government.
(vi) examine and report on all proposals for borrowing or the giving of a guarantee by the Government; shall take all steps necessary for the purpose of raising such loans as have been duly authorised; and shall be in charge of all matters relating to the service of loans or the discharge of guarantees;
(vii) prescribe for the guidance of other departments financial rules including rules relating to financial procedure and the application of principles of sound finance, and to ensure that suitable accounts, including commercial accounts, wherever necessary, are maintained by other departments and establishments subordinate to them;
(viii) prepare an estimate of the total receipts and disbursements of the State in each year and shall be responsible for all matters relative to budget procedures and to the form and content of the Annual Financial Statement, and shall be responsible for watching the state of the Government’s cash balances and for their ways and means operations;
(ix) in consultation with the department dealing with Services, ensure framing rules regulating the pay, leave and pension of persons in the service of the Government and rules regulating the number, gradings or cadre and emoluments of posts under the Government and also be responsible for seeing that these rules are properly applied;
(x) in connection with the Annual Financial Statement (Budget) and supplementary estimates of expenditure -
(a) prepare the annual statement of estimated receipts and expenditure to be laid before the Legislature in each year and any supplementary estimates of expenditure or demands for excess grants which it may be necessary to present in the course of the year; it shall also prepare the Appropriation Bills and Bills relating to the Consolidated and Contingency Funds of the State.
(b) for the purpose of such preparation, it shall obtain from the departments concerned material on which to base its estimates and it shall have power to prescribe the units of appropriation to require the departments to furnish material on which to base the estimates; and it shall be responsible for the correctness of the estimates framed on the material so supplied.
(c) it shall examine and advise on all schemes of new expenditure for which it is proposed to make provision in the estimates and shall decline to provide in the estimates for any scheme which has not been so examined;
(xi) after grants have been voted by the Legislature -
(a) the Finance Department shall have power to sanction any re- appropriation within a grant from one major, minor or subordinate head to another;
(b) if any re-appropriation within the grant, between a head subordinate to a minor head is sanctioned by any department in pursuance of any delegation made by the Finance Department, a copy of every order sanctioning re-appropriation shall be communicated to the Finance Department as soon as it is passed;
(c) nothing in this rule shall be considered as authorising any department, including the Finance Department, to make re- appropriation from one grant specified in the Appropriation Act to another such grant;
(xii) on receipt of a report from the Audit officer to the effect that the expenditure for which there is no sufficient sanction is being incurred, it shall require the department concerned to obtain sanction or that the expenditure shall immediately cease;
(xiii) advise the departments responsible for the collection of revenue regarding the progress of collection and the methods of collection employed;
(xiv) lay the Audit report relating to the State accounts before the Legislature;
(xv) bring to the notice of the Committee on Public Accounts all expenditure which has not been duly authorized and any financial irregularities; and
(xvi) Decide to what extent in particular departments the audit of receipts should be enforced.
(xvii) Scrutinize each proposal under revenue or capital heads with regard to creation of new post, up-gradation of post, any additions to the existing cadre strength and continuation of post in the Departments of Secretariat, Undertakings and Institutions in Government and also to issue orders on all such cases by following these Instructions.
19. Views of Finance to be recorded
The views of the Finance Department shall be brought on the file of the department to which the case belongs and shall form part of the case.
20. Finance consultation at Minister’s level
Sponsoring Secretary negating expenditure or loss of revenue proposals do not require consultation with Finance department. However, in such cases, if the Minister-in-charge differs with the sponsoring Secretary, then he shall send the file to finance department.
21. Finance Minister Power to call for papers
(1) The Finance Minister may call for any papers in a case in which any of the matters referred to rule 10.A of Business Rules, 2018 or these instructions is involved and the department to whom the request is addressed shall supply the papers.
(2) On receipt of papers called for under clause (1) above, the Finance Minister may request that the papers with his note on them shall be submitted to the Council subject to following the procedure prescribed for bringing the cases before the Council.
(3) The Finance Department may make rules to govern financial procedure in general in all departments and to regulate the business of the Finance Department and the dealings of other departments with the Finance Department.
22. Matters affecting finances of the state
(1) For the purpose of rule 10. A of the Business Rules, the following in particular, among the others, shall be regarded as matters affecting the finances of the State:-
(2) The incurring of expenditure not within the scope of expenditure authorized by the Annual Appropriation Act;
(3) The grant of any rent-free concession;
(4) The grant by any department of a pension or compassionate allowance;
(5) The relaxation of any rule made by or with the concurrence of Finance Department.
(6) Proposals for declaring any expenditure to be expenditure charged on the revenues of the State or for increasing the amount of any such expenditure;
(7) Cases relating to the confirmation of the budgets of local bodies indebted to Government;
(8) Any modification of the rules regulating the suspension or remission of land revenue.
(9) Proposals for the suspension or remission of land revenue otherwise than in accordance with the rules on the subject.
(10) Any modification of substance in the Act or rules regulating the State Aid to Industry or Agricultural loans.
(11) Proposals for any change of substance in the method of assessment or pitch of existing taxation, land revenue or irrigation dues.
(12) Finance Department shall also be consulted upon all proposals to sanction the relaxation of any financial rules and also before final orders are passed in any case of serious financial irregularity.
23. Pension rules deviation
In cases where the rules governing the sanction of pensions are proposed to be deviated or relaxed, the concurrence of the Finance Department shall be obtained.
24. Reference to Accountant General
Whenever a case is referred to the Accountant-General, the particular point or points on which his remarks are invited should be definitely stated. Cases containing proposals to relax existing rules or to grant concessions not strictly admissible under the rules in force should not ordinarily be referred to him at all. In such cases, the Administrative Department concerned should in the first instance consult Finance Department and if the Finance Department advise that the Accountant-General should be consulted on any particular point, a reference should then be made to the Accountant-General accordingly.
CHAPTER V: CONSULTATIONS-HUMAN RESOURCE MATTERS
25. Service matters
1. Service rules amendment
Cases of disagreement in human resource matters with General Administration Department or cases pertaining to relaxation of service rules shall be circulated through Chief Secretary.
2. Appointments, postings and promotions
Appointments, postings and promotions shall be made in accordance with the following provisions:
(i) All correspondence dealing with appointments, postings and promotions shall be treated as Secret and handled by gazetted officers working in the Secretariat.
(ii) Appointments may be divided into two classes-
(a) those in departments under their own departmental heads;
(b) all those not under any departmental head - as for example appointments of heads of departments themselves and of members of the Indian Administrative Service, Indian Police Service and Indian Forest Service.
(iii) All proposals for the appointment of Heads of Departments shall be submitted to the Chief Minister through Minister(s) concerned and the Chief Secretary.
(iv) In the case of appointments of District Judges and other officers in the same grade in the Judicial Department, the Chief Secretary will obtain such applications and information, if any, relating to the appointment about to be made, as may be available in the Secretariat and will forward them demi- officially to the Chief Justice. The Chief Secretary will point out the vacancy position and conditions of appointment and request the High Court to forward a list of persons whom they may consider to have reasonable claims to the appointment or to be suitable therefor, with their remarks regarding the qualifications and claims of the several persons in the list. The Chief Secretary will request the Chief Justice to treat the papers forwarded to him as strictly confidential and to return them with his reply. The list will be submitted to the Chief Minister through the Minister concerned.
This procedure is not necessary in the case of appointments of District and Sessions Judges or Additional District and Sessions Judges from among the members of the State Judicial Service (Subordinate Judges). Such appointments will be made as vacancies arising from lists of Sub-Judges considered fit to be appointed as District and Sessions Judges, prepared by the High Court and forwarded to the Chief Secretary.
The appointing authority for the post of District Judge shall be the Governor.
(v) The provisions of this instruction will apply mutatis mutandis to a proposal to lend the service of a gazetted officer to the Government of India or to a State Government or on Foreign Service. The approval of the Chief Minister shall be obtained through the Minister concerned.
(vi) After a case has been dealt with in accordance with the procedure laid down in the preceding clauses and the orders of the Chief Minister have been obtained, the Secretary in the department will communicate the orders passed to the Head of the department and will also in due course publish the necessary notification in the Andhra Pradesh Gazette.
3. HoD leave cases
An application for leave made by the head of a department, on which orders have to be passed by the Government, shall be submitted to the Minister or Ministers in-charge of the department or departments and an application for leave of not less than one month made by the Head of the department shall be submitted to the Chief Minister:
Provided that no circulation is necessary in respect of an application for casual leave by the head of a department:
4. Leave refusal cases
All proposals for the refusal of leave to a Gazetted officer immediately prior to his retirement, shall be submitted to the Minister in-charge and to the Chief Minister.
5. Proportionate pension cases
All applications for permission to retire on proportionate pension shall be submitted to the Minister in-charge.
6. Compassionate gratuity cases
Cases relating to the grant of compassionate gratuity to the family of a deceased Government servant left in indigent circumstances shall be submitted to the Finance Secretary, and cases where the grant is proposed to be refused, shall be circulated to the Finance Minister.
7. Report on AIS officer be informed to Chief Secretary
Any report which reflects adversely on the conduct of an officer belonging to the Indian Administrative Service, Indian Police Service or Indian Forest Service, holding a post included in the cadre of Andhra Pradesh, immediately on receipt in any department, be communicated to the Chief Secretary.
8. Addition to posts of AIS/Judges in GAD
All orders which involve temporary or permanent addition to posts in the IAS/IPS/IFS Cadre of Andhra Pradesh or to posts of Judges of the High Court or which involve the keeping in abeyance or the abolition of any such post shall be issued in the General Administration Department even though the desirability of making the proposed change is a matter for previous consideration in another department of the Secretariat. All correspondence with the Government of India on these subjects shall be dealt with in the General Administration Department.
9. Cases where consultation is required
The following 3(three) types of cases alone need to be sent by administrative departments for prior examination by the General Administration Department.
(vii) Cases involving clarification, interpretation, relaxation of statutory rules;
(viii) Cases involving clarification, interpretation, waiver/relaxation of orders/ instructions issued by General Administration Department;
(ix) All cases requiring referral to General Administration Department as per the Business Rules and Secretariat Instructions, there under.
A list of types of cases which need to be generally referred for examination is given below. This list is only illustrative and not exhaustive.
(a) Panels which are to be placed before the Departmental Promotion Committee;
(b) Framing/amendments to adhoc /special rules;
(c) Transfer of Government Servants relating to Six Point Formula (SPF) / Inter State Transfer (Telangana)
(d) Acceptance of resignation and relinquishment of rights for promotion;
(e) If the Department considers that consultation is required in any disciplinary matter.
(x) No circulation is necessary for relaxation of rules in case of non-gazetted officers where the department of origin and the Head of the Department agree and concurrence of Finance Department or General Administration Department or any other department concerned is obtained. However, this does not apply to cases of relaxation under AP Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975 (Presidential Order,1975).
26. Andhra Pradesh Public Service Commission matters
1. Reference to APPSC
The following procedure shall be observed in referring any mater to the Andhra Pradesh Public Service Commission.
(i) All such references shall be addressed to the Secretary to the Commission by the administrative department concerned in the form of an official letter with which all relevant papers or copies of papers should be forwarded.
(ii) Secretariat note files should on no account form part of the records sent to the Commission.
(iii) When the Commission has arrived at a conclusion, they will communicate their recommendation to the department which referred the case.
(iv) Where it is proposed not to accept the advice of the Commission for reasons not before the Commission when their recommendation was made, the Commission will ordinarily be given a reasonable opportunity of reconsidering their opinion, and if necessary, of making a fresh recommendation.
Note: Special care should be taken to ensure that until the Commission’s advice has been obtained and a decision has been reached by the Government in the light of it, no language is used in any communication issued in connection with the case which is capable of being interpreted as implying that the Government have formed a settled opinion on the merits or any part of the case.
2. APPSC advice in disciplinary matters
In disciplinary matters in which the advice of the Andhra Pradesh Public Service Commission is to be sought, the following procedure will be adopted:–
As soon as the case is received in the department concerned, it will be examined to see whether the file is complete and in order and whether the statutory provisions relating to disciplinary enquiries have been complied with, but no officer below the rank of an Assistant Secretary shall note on the merits of the case. If the case is incomplete or defective or any point in the case appears to require further elucidation, the Secretary will refer the case back to the Head of the Department for rectification of the defects or further information. When all defects have been rectified and the case is prima facie in order and complete, the Secretary of the department will refer it to the Commission. As soon as the case is received back from the Commission with its advice, the Secretary will circulate the case for orders without further noting and without reference to the General Administration Department when there is agreement between the department and the Commission. If, however, there appears to the Secretary to be good and sufficient reasons to differ on any point from the advice of the Commission, it will be open to him to submit a note and circulate the case through the Chief Secretary. No officer below the rank of Secretary shall be permitted to comment on the advice tendered by the Commission. If a case is one arising out of financial irregularities, it shall be sent to the Finance Department, both before making a reference to the Commission and also after the recommendation of the Commission has been received.
Provided that further circulation of such cases where the Andhra Pradesh Public Service Commission has given its concurrence is not necessary if the Minister and /or Chief Minister who had earlier passed orders for inflicting punishment has not changed on the day of issue of order.
3. APPSC consultation on advice of G.A (Ser) Dept.
No department of the Secretariat shall consult the Andhra Pradesh Public Service Commission on any point on which such consultation is not necessary under any statutory provision or under the conventions adopted by the Government in their relations with the Commission, except when orders to that effect are taken in circulation after the General Administration (Services) Department have seen the case.
4. Exemption from APPSC
Whenever the need arises for the making of an appointment or class of appointments otherwise than in consultation with the Andhra Pradesh Public Service Commission, the normal procedure should be that laid down in the later part of regulation 15 (c) of the Andhra Pradesh Public Service Commission Regulations,1963. If in any case there is a difference of opinion between a department and the Andhra Pradesh Public Service Commission as to the expediency of excluding a particular appointment or class of appointments from the purview of the Commission, the question should be considered whether a regulation may be issued under Article 320(3) of the Constitution for giving effect to the exclusion. If it is considered that such regulation should be issued, the department concerned should, when submitting the case to the Governor through the Minister concerned and the Chief Minister for orders, state clearly the particular circumstances which justify exclusion of the appointment or class of appointments from the purview of the Commission and the objections raised by the Commission to such exclusion. If the Governor orders that a regulation should be issued, the case should be sent to the General Administration (Services) Department for the issue of the necessary regulation:
Provided that where the Governor, having regard to the circumstances of any case or class of cases, considers that in the interest of effective and timely transaction of Government business it shall not be necessary to consult or obtain the concurrence of the Andhra Pradesh Public Service Commission, the procedure indicated in this instruction need not be followed for making a regulation under the proviso to Article 320 (3) of the Constitution for excluding such case or class of cases from the purview of the Commission.
5. Deviation from APPSC advice
(i) If, in any case, it is proposed to reject or to deviate from the advice of the Andhra Pradesh Public Service Commission on grounds which were not before the Commission, when it made its recommendation, the Commission, shall, if possible, be given a reasonable opportunity of considering those grounds and making a fresh recommendation before orders are issued.
(ii) In any case in which the advice tendered by the Commission is rejected or deviated from, the administrative department concerned shall communicate the reasons for such rejection or deviation to the Commission.
(iii) Where it is proposed to reject or to deviate from the advice of the Andhra Pradesh Public Service Commission, the file shall be circulated through the Chief Secretary.
6. Amendment to APPSC regulations
Before orders are issued amending the Commission’s Regulations issued under Article 318 of the Constitution of India or the rules regulating the procedure to be observed by the Andhra Pradesh Public Service Commission, and the relations of the Commission with the Government and subordinate authorities, the Chairman of the Commission shall, unless the amendment is in accordance with the recommendations made by the Commission, be informed demi-officially of the orders proposed to be issued to enable him, if the commission thinks fit, to lay the commission’s views personally before the Chief Minister.
7. Orders to be sent to APPSC
Copies of orders in the following cases, shall be sent to the Andhra Pradesh Public Service Commission by the administration department of the Secretariat concerned: -
(i) Orders of appointment of candidates selected in consultation with the Commission; and
(ii) Final orders in disciplinary and other matters in respect of which the Commission was consulted.
27. AP Vigilance Commission
(1) The consultation of APVC in the cases in which the advice of APVC is required shall be in accordance with the Scheme of A.P.Vigilance Commission.
(2) Where it is proposed to reject or to deviate from the advice of the Andhra Pradesh Vigilance Commission, the file shall be circulated through the Chief Secretary.
28. Anti-Corruption Bureau, Vigilance & Enforcement
Any reference to ACB, Vigilance & Enforcement to enquiry into petitions containing allegations of corruption, financial irregularities against gazetted and non-gazetted officers shall be made by the department with the permission of Chief Secretary and thereafter post facto orders of the Ministers in circulation shall be obtained.
CHAPTER VI: ADMINISTRATIVELY OR POLITICALLY IMPORTANT MATTERS
29. Reporting
(1) The Government of India in the Ministry of Home Affairs requires the earliest possible information on the following topics.
(i) riots which involve a serious breach of the public order;
(ii) use of troops in aid of the civil power;
(iii) outrages which have a political aspect ; and
(iv) Calamities, such as floods or earthquakes, which cause serious damage to life or property.
Note: Any rioting which involves the use of firearms or any communal riot which involves the death of any person will be regarded as a serious breach of the public order. In the latter case and in the case of other riots not involving the use of firearms, the Collector should exercise his discretion as to whether a report is or is not necessary. (The Government of India, however, do not wish to receive official reports on all communal riots including minor occurrences, which involve no serious breach of the public order).
(2) The Secretary shall report the following matters/incidents immediately to the Chief Secretary, the Minister-in-charge and the Chief Minister.
i. Important communications received from the Government of India (including those from the Prime Minister and other Ministers of the Union)
ii. Riots which involve a serious breach of the public order;
iii. Outrages which have a political aspect;
iv. Calamities such as floods or earthquakes, which cause serious damage to life or property;
v. All other events which have a political or administrative importance and all unusual happenings; and
vi. Any matter likely to bring the State Government into controversy with the Government of India or with any other State Government, as soon as the possibility of such a controversy is foreseen.
(3) Collectors are required to report immediately to the Chief Secretary to Government, General Administration Department, by Government email the occurrence in their districts of any event of the foregoing descriptions. Until the situation becomes normal, they would also send daily reports of further developments. They are also required to furnish the earliest possible information on the following further topics.
(i) All collisions between foreigners of all classes and Indians, excluding alleged assaults of any kind regarding which there is no confirmation, or assaults of positively insignificant character;
(ii) All other events which have a political or administrative importance and all unusual happenings.
The Commissioner of Police will report such occurrences in the police Commissionerate areas. All subsequent correspondence on the subject will be addressed to the Secretary to Government in the department directly concerned.
Collectors and the Commissioner of Police should report to the Secretary to the Governor the written reports which they send to the Chief Secretary to Government.
(4) As the military authorities are interested in all cases which come under the head of “outrages which have a political aspect”, the Collector or the Commissioner of Police will report such occurrences at places where troops are stationed, to the Officer Commanding the station, or at places where there are no troops, to the General Officer Commanding the district. The detailed report to the State Government need not, however, be communicated to the local military authorities unless their co-operation is sought. If, in any case, it is considered necessary to communicate further details to the military authorities, this communication will be made by the State Government in the General Administration Department to the General Officer Commanding-in-Chief, of the zone.
(5) Collectors and the Commissioner of Police should also see that the Officer Commanding the nearest military station is kept closely informed of the communal situation existing in or near their stations or any other matter which might lead to troops being called out in aid of civil power.
(6) If the first report from a local authority on any of the subjects mentioned in paragraphs 1 and 2 above is received in any department of the Secretariat other than the General Administration Department, the Secretary of that department shall send the report or a copy of it immediately to the Chief Secretary in the General Administration Department. Any special remedial action which may be called for must, however, be considered by the department directly concerned.
(7) As soon as the first report on any of the subjects mentioned in paragraphs 1 and 2 is received in the General Administration Department, the Chief Secretary –.
(i) will at once report the event, if it is of the nature described in paragraph 1, to the Government of India by Government email, indicating at the same time the Secretary of the State Government to whom all future references on the subject should be made;
(ii) will inform the Minister or Ministers concerned and the Governor of the report received; and
(iii) will send the report to the department or departments of the Secretariat concerned for such further action as may be necessary. All later correspondence on the matter will be dealt with in the Administrative Department of the Secretariat concerned which should keep the Chief Secretary informed from time to time of any important developments.
With a view to avoid possible delay and to ensure the personal attention of the Secretary concerned, the Chief Secretary will pass on the preliminary report as required by clause (iii) above, with a special slip as follows: -
“Special - This report is communicated to the Government of India, the Minister or Ministers concerned and the Governor. It is now transmitted to the Secretary of the Department for personal attention”.
Note: Daily Government email reports, if any, received subsequent to the first report, will also be dealt with similarly.
(8) In cases of serious riots, affrays, outbreaks or other events of sufficient importance to justify special reports, the reports made to the Government of India should also be invariably repeated in cipher, if necessary, to the Chief of the Staff, New Delhi.
(9) If the State Government do not consider that the matter is at all of a serious character, no further report to the Government of India need be submitted and the Government email report should close with the words “no further report necessary”. In all other cases of the kind which call for orders from the State Government, the preliminary report should be followed by an official report from the Secretary of the Department directly concerned intimating the State Government’s decisions and communicating the orders passed as soon as the State Government have been able to review the facts of the case and arrive at their conclusion regarding them. If later reports of District Officers reveal the case as of a trifling character, this should be intimated to the Government of India by the Department directly concerned.
(10) Four copies of all reports regarding communal disturbances should be forwarded to the Government of India.
30. Official Communication
(1) As soon as any urgent message from the Government of India or elsewhere has been received, the Secretary (Political) should send a copy of it to the Secretary concerned. If such a communication is received by any Secretary either directly from Government of India or the Secretary (Political), the Minister-in-charge and the Chief Minister shall be informed immediately by note.
(2) Official communication addressed by a subordinate to a superior authority, or vice versa, may be published by the addressing authority only after the addressee has received it.
(3) No member of Government or its autonomous organisations shall in any circumstances give publicity to a document which might seem to reflect upon a superior authority without first obtaining the latter’s consent, and no assistance must ever be given to the Press in formulating adverse comments upon the orders or action of a superior authority.
(4) In personal cases which have formed the subject of correspondence between the State Government and the Government of India the deciding authority should in every case clearly indicate (i) whether only the substance of the decision should be communicated to the officer concerned or (ii) whether, in addition a statement of the grounds upon which it is based or portions of the correspondence, and, if so which portions, should be similarly communicated.
(5) Communications from the Government of India, or issued to the Government of India, should in no case be made public either in the actual form in which they were issued or in the form of an abstract, without the sanction of the Government of India, unless in the case of communications from the Government of India they have been marked for distribution to the Press and have been already published in the Gazette of India.
(6) Departmental administration reports may be communicated to the Press soon after their issue. Instructions on making disclosure on matters of public importance shall be in conformity with provisions of Right To Information Act.
CHAPTER VII: MISCELLANEOUS
31. Form of orders
Issue of orders and proceedings of Government has the following stages: -
(i) Approval of office copy of the draft order or proceedings. This has to be done by the officer taking the decision and in token of it he should sign / digitally (or) ink sign the office copy.
(ii) Authenticating the fair copy of the order or proceedings as prescribed in rules 18 & 19 of the Andhra Pradesh Government Business Rules. The name and designation of the authenticating authority as prescribed in rules 18 and 19 of the Andhra Pradesh Government Business Rules shall be typed below his signature.
(iii) Forwarding copies of authenticated orders and proceedings to the addressees. Copies or orders and proceedings of Government shall be attested and forwarded by the Section Officer in the department concerned as follows.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
ABC,
(Name and Designation of the Authenticating Officer)
and below that endorsement-
True Copy: Forwarded: By order
Signature:
Name:
SECTION OFFICER
It shall be the personal responsibility of the Section Officer to ensure that the case or file contains both (i) Office Copy signed by the decision-making authority and (ii) fair authenticated order before he forwards any order or proceedings of Government under his signature.
All financial sanctions and orders shall be communicated to audit offices by the administrative department concerned, over the signature of a Gazetted Government servant of not below the rank of an Assistant Secretary and shall contain the following paragraph;
“This Order/Memorandum issues with the concurrence of the Finance Department – vide their U.O.No. ......................... Dated...................”
Provided also that where the concurrence of the Finance Department is not necessary with reference to Delegation Rules issued by the Finance Department, all financial sanctions and orders shall be communicated to audit offices by the administrative department concerned, over the signature of a gazetted Government servant of not below the rank of an Assistant Secretary to Government and shall contain the following paragraph: -
“This Order/Memorandum does not require the concurrence of the Finance Department under the rules or orders on the subject’’.
Note: Where the body of a Government Order or Proceedings specifically refers to the Governor, the words “By Order and in the name of the Governor of Andhra Pradesh’’ need not be added at the end of the copy of the order.
32. Petitions
(1) All the petitions to be disposed by a Head of the department but received by a Minister will be forwarded directly by his peshi to the Head of the department.
(2) The endorsements of the Ministers on such petitions are not Government orders.
(3) The Head of the department will submit a report to the Minister’s peshi indicating whether the request can be complied with or not under the existing rules/ policies of Government.
(4) Head of the department, if needed, may seek a revision of policy or evolution of a new policy from the Government in order to deal with any class of petitions.
(5) Representations/petitions/ applications which are to be disposed of at a level below the Secretariat shall not be entertained in the department of Secretariat. Such representations etc., received personally or by post shall be forwarded to the authority at the lower level for disposal and no report shall be called for.
(6) Instructions issued in G.O.Ms.No.1433, G.A (Ser.C) Dept., dt.22.09.1958 regarding submission and receipt of petitions addressed to the Government shall prevail.
33. Reorganisation of departments
All cases of re-organization of departments, shall be taken up in consultation with General Administration Department.
34. Publication of draft rules calling for objections
Where it is proposed to make any rules in exercise of a statutory power which is not subject to the condition of the rules being made after previous publication, the administrative department shall, if the public are likely to be interested in the subject-matter of the rules and if circumstances permit, obtain orders in circulation whether the rules should be published in draft for seeking public opinion.
35. Cases involving Government interest
Every case containing a proposal for the settlement by the method of conference of a dispute between the Government and an outside authority relating to a matter which is of sufficient importance to require the consideration of the Government as a whole, shall be circulated to all the Ministers for orders together with a note setting out clearly: -
(i) the issues for settlement;
(ii) the opinion on those issues of the Head of the Department or other sub- ordinate authority concerned, which should be obtained beforehand and placed on record;
(iii) the line which is proposed to be adopted in the negotiations; and
(iv) the proposals regarding the constitution of the conference and the selection of persons to represent this Government at the Conference.
36. Administration of Justice
Orders on proposals affecting the administration of justice and particularly on proposals to be financed from the appropriations in the Budget Estimates under the head “Administration of Justice” e.g., creation or abolition of Courts, employment of Special Judicial Magistrates of II class or of administrative establishments of courts should be issued after consultation with the High Court. Such orders should be issued in the Home (Courts) Department where the expenditure is debitable wholly to appropriations in the Budget Estimates under the head ‘Administration of Justice’.
Provided that orders on proposals of a comparatively unimportant nature may, in cases of urgency, be issued without such consultation, copies of such orders being sent subsequently to the High Court.
37. Scheduled areas
Cases, in which proposals for making regulations under paragraph 5 (2) of the Fifth Schedule to the Constitution for the peace and good governance of any of the Scheduled Areas in the State are considered, they should go through the following stages, namely:
(i) Preliminary stage-when the proposal is considered in all aspects;
(ii) Drafting stage - when the regulation is drafted.
(iii) Approval stage-when the regulation is circulated for approval;
(iv) Tribes Advisory Council stage - when the proposal is placed before the Tribes Advisory Council under paragraph 5 (5) of the Fifth Schedule to the Constitution;
(v) Pre-assent stage-when the Government of India is addressed; and
(vi) Post-assent stage-when the regulation assented to by the President is published in the Andhra Pradesh Gazette.
The administrative department concerned with cases involving the issuing of a regulation should deal with them up to stage (3) and such cases should, immediately after the question of framing of the regulation is accepted in circulation including the Governor, be transferred to the Tribal Welfare Department which will deal with the files at stages (4) and (5). At stage (4), a senior representative officer of the administrative department concerned should also be present at the meeting of the Tribes Advisory Council to help in piloting the subject through it. As soon as the regulation is assented to, by the President, the file will be sent to the Law Department for necessary action in stage (6), that is, publication of the regulation in the Andhra Pradesh Gazette.
38. Expenditure on cases against public servants
All orders sanctioning the defence at the public expense of suits or proceedings brought against Government servants for acts done in their official capacity should be passed in the administrative department, in consultation with the Law Department:
Provided that Government may, by order, delegate the power to sanction such defence to the head of any department subject to such conditions as they may think fit to impose.
Provided further that no such consultation with the Law Department is necessary, if the administrative department concerned is satisfied that the Government servant has acted in good faith and in accordance with the provisions of Law.
39. Reference to Advocate General
(a) Reference to the Advocate General will be with the approval of the Chief Secretary to Government; and
(b) that all files in which Advocate General expressed his opinion on questions of law shall be seen by the Law Department.
40. Circulars issued to Collectors marked to HoDs
A copy of all confidential circulars issued to collectors of district, whether by email, telegram, demi- official letter, official memorandum or proceedings of Government shall invariably be communicated to the Head of the Department concerned for information.
41. Administration Report
A copy every Administration Report shall be sent to the chief secretary before publication.
42. Weekly Report
The Secretary shall submit weekly reports containing the list of important cases disposed by him or his subordinate officers in the Secretariat to the Minister- in-charge and the Chief Minister.
43. Secretary responsible for observing Instructions
The Secretary of the department concerned is in each case responsible for the careful observance of these instructions and when he considers that there has been any material departure from them, he shall personally bring the matter to the notice of the Minister in charge and the Chief Secretary.
44. Interpretation
(1) If any question arises as to the interpretation of these instructions or as to the department to which a case properly belongs, the matter shall be referred to the Chief Secretary for a decision.
(2) Office Procedure manuals may be issued by the Chief Secretary or the Secretary, GAD in-charge of cabinet.
***
ANNEXURE - A
Cases to be circulated - Under Instruction 5.
(1) Cases where a question of policy is involved.
(2) Cases relating to such schemes of new expenditure as may be specified by the Government from time to time.
(3) Cases for post facto orders where permission is accorded to Director General, Anti-Corruption Bureau, Vigilance & Enforcement by Chief Secretary to enquire into the petitions containing allegations of corruption, financial irregularities against Gazetted and non-Gazetted officers.
(4) Cases where the rules are intended to be relaxed in favour of a Government servant.
(5) Cases relating to appointment (including list of approved candidates) and promotion of officers in the State Service above third level Gazetted.
(6) Cases where it is proposed to deviate from the advice of the Andhra Pradesh Public Service Commission.
(7) Cases where it is proposed to deviate from the advice of the Andhra Pradesh Vigilance Commission.
(8) All matters in which there is a difference of opinion between this Government and other State Governments or the Government of India.
(9) Cases relating to imposition of penalties specified in items (vi), (vii), (viii), (ix) and (x) of rule 9 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, and Andhra Pradesh Revised Pension Rules, 1980 on second and third level Gazetted officers in the State Service.
(10) Cases relating to postings and transfers of officers which are vested with the Government.
(11) Cases relating to the deputation of Gazetted officers for special study or training outside India.
(12) Cases relating to the constitution of Committees with the non-official members.
(13) All cases relating to the observations or recommendations of the Committee on Public Accounts; and where any such case deals with financial matters, it shall also be circulated to Minister for Finance.
(14) Cases of fixation of cadre strength for all categories where the concurrence of General Administration Department and Finance Department has been obtained.
(15) All cases of land acquisition where the compensation awarded has been enhanced by the Court and decretal charges are to be paid, where enhancement is greater than fifty percent or amount exceeds five lakh rupees per award.
(16) Cases of condonation of break in service of Gazetted officers:
Provided that no circulation is necessary in respect of cases where there is agreement between the Secretary and the Head of the Department and the concurrence of the Finance Department has been obtained.
(17) Cases relating to prohibition of strikes in organizations like Tirumala Tirupathi Devasthanams and Prohibition and Excise Department etc.
