Public Services - Recording and alteration of date of birth – Orders - Issued.
G.O.Ms.No.165
Dated:21-4-1984
Read the following:
1. G.O.Ms.No. 50, Finance and
Planning (Fin. Wing-F.R.I) Dept., dt. 10.2.70.
2. G.O.Ms.No. 18, Finance and
Planning (Fin. Wing-F.R.I) Department, dt.9.1.78.
3. G.O.Ms.No. 59, Finance and
Planning (Fin. Wing-F.R.I) Dept. 23.2.79.
4. G.O.Ms.No. 163, Finance and
Planning (Fin. Wing-F.R.I) Dept., dt 215.80.
3. Through clauses (ii) and (iii) of Section 18 of the Andhra Pradesh Public Employment (Regulation of Conditions of Service) Ordinance, 1983, (Ordinance No. 5 of 1983), dated 10th April, 1983, rule 56 and Note (3) and (5) of Part III of Annexure II of the Fundamental Rules and through section 19 of the said Ordinance, tule 231 of the Hyderabad Civil Service Rules were omitted. It has, therefore, become necessary to make rules, laying down the procedure for recording the date of birth in the Service Registers or Service Records, in respect of fresh entrants to Government Service, as well as alteration of the date of birth already entered in the Service Records.
4. After careful consideration, Government have decided to issue comprehensive rules in this regard. The following notification will be published in the Andhra Pradesh Gazette.
Notification
In
exercise of the powers conferred by the proviso to Article 309 of the Constitution
of India and of all other powers hereunto enabling, and in supersession of all
rules relating to recording and alteration of date of birth of Government
employees, the Governor of Andhra Pradesh hereby makes the following rules:
Rules
Short
title: application and commencement:
1.
1)
These
rules may be called the Andhra Pradesh Public Employment (Recording and
Alteration of Date of Birth) Rules, 1984.
2)
They shall apply to all persons appointed to Public Services and posts in connection
with the affairs of the State of Andhra Pradesh.
3)
They shall come into force with immediate effect.
Recording of the date of birth:
2.
1) Every Government
employee shall, within one month from the date on which he joins duty, make a
declaration as to his date of birth.
2) On receipt of the
declaration made under sub-rule (1), the Head of Office or any other officer
who maintains the service records in respect of such Government employee shall,
after making such enquiry as may be deemed with regard to the declaration and
after taking into consideration such evidence, if any, as may be adduced in
respect of the said declaration, make an order within four months from the date
on which the Government employee joins service, determining the date of his
birth.
Provided that in cases where the date of birth as determined under this sub-Rule
is different from the one declared by the Government employee concerned under
sub-rule (1), he shall be given an opportunity of making a representation,
before a final order is made.
3) Where a Government
employee fails to make a declaration within the time specified in sub-rule (1),
the Head of Office or the officer who maintains the service records shall,
after taking into consideration such evidence as may be available and after giving
an opportunity of making a representation to the Government employee concerned,
determine the date of birth of the employee within six months from the date on
which the Government employee joins service.
4) The date of birth
determined under this rule shall be entered in the service record of the
employee concerned duly attested by the Head of the Office or the officer who
maintains the service records and the date of birth so entered shall be final
and binding and the Government employee shall be stopped from disputing the
correctness of such date of birth.
5) The date of birth as determined and entered in the service record shall not be altered except in the case of bonafide clerical error, under the orders of Government.
Procedure in recording date of birth of’ employees appointed before the
commencement of these rules:
3. The date of birth of a Government employee who has been appointed before the commencement of these rules and whose service register has not been opened, shall be recorded in the manner laid down in Rule 2.
Alteration of date of birth in past cases.
4. No Government employee, in service before the’ commencement of
these Rules, -
a) Whose date of birth
has been recorded in the service register in accordance with the rules
applicable to him; or
b) whose entry relating
to date of birth became final and binding under the rules in force prior to the
commencement of these rules; shall be entitled to claim alteration of his date
of birth.
Cases Pending on the
date of commencement of these rules:
5. The cases in which Government employees have already applied for alteration of their date of birth and which are pending on the date of commencement of these rules, shall be dealt with on the basis of recorded age in school and college records at the time of entry into service.
Effect of other rules
6. No rule made or deemed to have been made under the proviso to Article 309 of the Constitution of India shall, in so far as it is inconsistent with any of the provisions of these rules, shall have any effect.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
