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ANDHRA PRADESH PUBLIC EMPLOYMENT REGULATION OF AGE OF SUPERANNUATION ACT, 1984

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S.1 Short title, application and commencement

       (1) This Act may be called the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984.
       (2) It shall apply to
       (i) persons appointed to public services and posts in connection with the affairs of the State;
       (ii) officers and other employees working in any local authority whose salaries and allowances are paid out of the Consolidated Fund of the State;
       (iii) persons appointed to the Secretariat staff of the Houses of the State Legislature; and
       (iv) every other officer or employee whose conditions of service are regulated by rules framed under the proviso to Article 309 of the Constitution of India immediately before the commencement of this Act, other than the village officers an

S.2 Definitions

       In this Act, unless the context otherwise requires,
       (1) "Fundamental Rules" means the Fundamental Rules applicable to the Government employees as amended, from time to time, by the Government;
       (2) "Government" means the Government of Andhra Pradesh;
       (3) "Government Employee" includes all categories of officers and employees referred to in sub section (2) of Section 1;
       (4) "Hyderabad Civil Services Rules" means the Hyderabad Civil Services Rules applicable to the Government employees of the erstwhile Government of Hyderabad appointed prior to the 1st November, 1956 and allotted to the Andhra Pradesh State as amended from time to time, by the Government;
       (5) "Last Grade Service" means the service constit

S.3 Age of superannuation

       (1) Every Government employee, not being a workman and not belonging to Last Grade Service shall retire from service on the afternoon of the last day of the month in which he attains the age of fifty eight years.
       (1A) Notwithstanding anything contained in sub-section (1), every member of the Andhra Pradesh State Higher Judicial Service or the Andhra Pradesh State Judicial Service shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years:
       Provided that any such member of the Andhra Pradesh State Higher Judicial Service or the Andhra Pradesh State Judicial Service may be compulsorily retired from service on the afternoon of the last day of the month in which he attains the age of fifty eight years if he is not found fit and eligible to be continued in service by the High Court of An

S.4 Act to override other laws

       The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law, for the time being in force.


S.5 Validation

       No amendment to the Fundamental Rules relating to the age of superannuation made under the proviso to Article 303 read with Article 313 of the Constitution of India before the commencement of this Act shall be deemed to be invalid or ever to have been invalid merely by reason of the fact that the proviso to Rule 2 of the said rules laid down that the said rules shall not be modified or replaced to the disadvantage of any person already in service and accordingly the amendments made to the said rules by the notifications issued in G.O.Ms.No. 36, Finance and Planning (Finance Wing F.R.I.) Department, dated the 8th February, 1983 and all orders and notifications issued and made in pursuance of those amendments shall be and shall be deemed always to have been made validly and shall have effect notwithstanding to the contrary in the proviso to the said Rule 2, as if this Act were in force on the 8th February, 1983.


S.5(A) Savings

       (a) Notwithstanding anything contained in this Act,
       (i) all the rules and regulations made under the proviso to Article 309 and continued under Article 313 of the Constitution of India governing the recruitment and conditions of service of the Government Employees and were in force on the commencement of the Andhra Pradesh Public Employment (Regulation of Conditions of Service) Ordinance, 1983 including such other rules continued under Section 15 of the said Ordinance; and
       (ii) all rules made under Section 3 of the said Ordinance governing recruitment and conditions of service of the Government employees, shall continue to be in force until they are amended or modified or rules are made in respect thereof under the proviso to Article 309 of the Constitution of India read with Article 313 thereof;
      &

S.6 Removal of doubts

       For the removal of doubts, it is hereby declared that, unless otherwise specifically provided, every amendment relating to the age of superannuation made before or after the commencement of this Act to the Fundamental Rules and the Hyderabad Civil Services Rules shall be and shall be deemed always to have applied to all Government employees whether appointed before or after the amendment.


S.7 Amendment of Fundamental Rules

       In the Fundamental Rules,
       (i) to Rule 2, the following proviso shall be added, namely: Provided that these rules shall not be modified or replaced by the Governor under Article 309 of the Constitution of India to the disadvantage of any person already in service except in respect of matters relating to the age of superannuation.
       (ii) Rule 56 shall be omitted.


S.8 Amendment of Hyderabad Civil Services Rules

       Rule 231 of the Hyderabad Civil Services Rules shall be omitted.


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