371D. Special provisions with respect to the state of Andhra Pradesh
(1) The
president may by order made with respect to the state of Andhra Pradesh
provide, having regard to the requirements of the state as a whole, for
equitable opportunities and facilities for the people belonging to
different parts of state, in the matter of public employment and in the
matter of education, and different provisions may be made for various
parts of the state
(2) An order made under clause ( 1 ) may, in particular,
(a) require the
state Government to organise any class or classes of posts in a civil
service of, or any classes of civil post of state and allot in
accordance with such principal and procedure as may be specified in the
order the persons holding such post to the local cadres so organised;
(b) specify any part or parts of the state which shall be regarded as the local area
(i) for direct
recruitment to posts in any local cadre (whether organised in pursuance
of an order under this article or constituted otherwise) under the State
Government;
(ii) for direct recruitment to posts in any cadre under any local authority within the State; and
(iii) for the
purposes of admission to any University within the State or to any other
educational institution which is subject to the control of the State
Government;
(c) specify the
extent to which, the manner in which and the conditions subject to
which, preference or reservation shall be given or made
(i) in the
matter of direct recruitment to posts in any such cadre referred to in
sub clause (b) as may be specified in this behalf in the order;
(ii) in the
matter of admission to any such University or other educational
institution referred to in sub clause (b) as may be specified in this
behalf in the order, to or in favour of candidates who have resided or
studied for any period specified in the order in the local area in
respect of such cadre, University or other educational institution, as
the case may be
(3) The
President may, by order, provide for the constitution of an
Administrative Tribunal for the State of Andhra Pradesh to exercise such
jurisdiction, powers and authority including any jurisdiction, power
and authority which immediately before the commencement of the
constitution (Thirty second Amendment) Act, 1973 , was exercisable by
any court (other than the Supreme Court) or by any tribunal or other
authority as may be specified in the order with respect to the following
matters, namely:
(a) appointment,
allotment or promotion to such class or classes of posts in any civil
service of the State, or to such class or classes of civil posts under
the State, or to such class or classes of posts under the control of any
local authority within the State, as may be specified in the order;
(b) seniority of
persons appointed, allotted or promoted to such class or classes of
posts in any civil service of the State, or to such class or classes of
civil posts under the State, or to such class or classes of posts under
the control of any local authority within the State, as may be specified
in the order;
(c) such other
conditions of service of persons appointed, allotted or promoted to such
class or classes of civil posts under the State or to such class or
classes of posts under the control of any local authority within the
State, as may be specified in the order
(4) An order made under clause ( 3 ) may
(a) authorise
the Administrative Tribunal to receive representations for the redress
of grievances relating to any matter within its jurisdiction as the
President may specify in the order and to make such orders thereon as
the Administrative Tribunal deems fit;
(b) contain such
provisions with respect to the powers and authorities and procedure of
the Administrative Tribunal (including provisions with respect to the
powers of the Administrative Tribunal to punish for contempt of itself)
as the President may deem necessary;
(c) provide for
the transfer of the Administrative Tribunal of such classes of
proceedings, being proceedings relating to matters within its
jurisdiction and pending before any court (other than the Supreme Court)
or tribunal or other authority immediately before the commencement of
such order, as may be specified in the order;
(d) contain such
supplemental, incidental and consequential provisions (including
provisions as to fees and as to limitation, evidence or for the
application of any law for the time being in force subject to any
exceptions or modifications) as the President may deem necessary
(5) The order of
the Administrative Tribunal finally disposing of any case shall become
effective upon its confirmation by the State Government or on the expiry
of three months from the date on which the order is made, whichever is
earlier: Provided that the State Government may, by special order made
in writing and for reasons to be specified therein, modify or annul any
order of the Administrative Tribunal before it becomes effective and in
such a case, the order of the Administrative Tribunal shall have effect
only in such modified form or be of no effect, as the case may be
(6) Every
special order made by the State Government under the proviso to clause (
5 ) shall be laid, as soon as may be after it is made, before both
Houses of the State Legislature
(7) The High
Court for the State shall not have any powers of superintendence over
the Administrative Tribunal and no court (other than the Supreme Court)
or tribunal shall exercise any jurisdiction, power or authority in
respect of any matter subject to the jurisdiction, power or authority
of, or in relation to, the Administrative Tribunal
(8) If the
President is satisfied that the continued existence of the
Administrative Tribunal is not necessary, the President may by order
abolish the Administrative Tribunal and make such provisions in such
order as he may deem fit for the transfer and disposal of cases pending
before the Tribunal immediately before such abolition
(9) Notwithstanding any judgment, decree or order of any court, tribunal or other authority,
(a) no appointment, posting, promotion or transfer of any person
(i) made before
the 1 st day of November, 1956 , to any post under the Government of,
or any local authority within, the State of Hyderabad as it existed
before that date; or
(ii) made
before the commencement of the Constitution (Thirty second Amendment)
Act, 1973 , to any post under the Government of, or any local or other
authority within, the State of Andhra Pradesh; and
(b) no action
taken or thing done by or before any person referred to in sub clause
(a), shall be deemed to be illegal or void or ever to have become
illegal or void merely on the ground that the appointment, posting,
promotion or transfer of such person was not made in accordance with any
law, then in force, providing for any requirement as to residence
within the State of Hyderabad or, as the case may be, within any part of
the State of Andhra Pradesh, in respect of such appointment, posting,
promotion or transfer
(10) The
provisions of this article and of any order made by the President
thereunder shall have effect notwithstanding anything in any other
provision of this Constitution or in any other law for the time being in
force
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