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Part XXI Temporary, transitional and special provisions. 371D.

Special provisions with respect to the State of Andhra Pradesh.


!1" The President may #y order made with respect to the State of Andhra Pradesh provide, havin$ re$ard to the re%&irements of the State as a whole, for e%&ita#le opport&nities and facilities for the people #elon$in$ to different parts of the State, in the matter of p&#lic employment and in the matter of ed&cation, and different provisions may #e made for vario&s parts of the State. !'" An order made &nder cla&se !1" may, in partic&lar, !a" re%&ire the State (overnment to or$anise any class or classes of posts in a civil service of, or any class or classes of civil posts &nder, the State into different local cadres for different parts of the State and allot in accordance with s&ch principles and proced&re as may #e specified in the order the persons holdin$ s&ch posts to the local cadres so or$anised) !#" specify any part or parts of the State which shall #e re$arded as the local area !i" for direct recr&itment to posts in any local cadre !whether or$anised in p&rs&ance of an order &nder this article or constit&ted otherwise" &nder the State (overnment) !ii" for direct recr&itment to posts in any cadre &nder any local a&thority within the State) and !iii" for the p&rposes of admission to any *niversity within the State or to any other ed&cational instit&tion which is s&#+ect to the control of the State (overnment) !c" specify the e,tent to which, the manner in which and the conditions s&#+ect to which, preference or reservation shall #e $iven or made !i" in the matter of direct recr&itment to posts in any s&ch cadre referred to in s&# cla&se !#" as may #e specified in this #ehalf in the order) !ii" in the matter of admission to any s&ch *niversity or other ed&cational instit&tion referred to in s&# cla&se !#" as may #e specified in this #ehalf in the order, to or in favo&r of candidates who have resided or st&died for any period specified in the order in the local area in respect of s&ch cadre, *niversity or other ed&cational instit&tion, as the case may #e. !3" The President may, #y order, provide for the constit&tion of an Administrative Tri#&nal for the State of Andhra Pradesh to e,ercise s&ch +&risdiction, powers and

a&thority -incl&din$ any +&risdiction, power and a&thority which immediately #efore the commencement of the .onstit&tion !Thirty second Amendment" Act, 1/73, was e,ercisa#le #y any co&rt !other than the S&preme .o&rt" or #y any tri#&nal or other a&thority0 as may #e specified in the order with respect to the followin$ matters, namely1 !a" appointment, allotment or promotion to s&ch class or classes of posts in any civil service of the State, or to s&ch class or classes of civil posts &nder the State, or to s&ch class or classes of posts &nder the control of any local a&thority within the State, as may #e specified in the order) !#" Seniority of persons appointed, allotted or promoted to s&ch class or classes of posts in any civil service of the State, or to s&ch class or classes of civil posts &nder the State, or to s&ch class or classes of posts &nder the control of any local a&thority within the State, as may #e specified in the order) !c" s&ch other conditions of service of persons appointed, allotted or promoted to s&ch class or classes of posts in any civil service of the State or to s&ch class or classes of civil posts &nder the State or to s&ch class or classes of posts &nder the control of any local a&thority within the State, as may #e specified in the order. !2" An order made &nder cla&se !3" may !a" a&thorise the Administrative Tri#&nal to receive representations for the redress of $rievances relatin$ to any matter within its +&risdiction as the President may specify in the order and to ma3e s&ch orders thereon as the Administrative Tri#&nal deems fit) !#" contain s&ch provisions with respect to the powers and a&thorities and proced&re of the Administrative Tri#&nal !incl&din$ provisions with respect to the powers of the Administrative Tri#&nal to p&nish for contempt of itself" as the President may deem necessary) !c" provide for the transfer to the Administrative Tri#&nal of s&ch classes of proceedin$s, #ein$ proceedin$s relatin$ to matters within its +&risdiction and pendin$ #efore any co&rt !other than the S&preme .o&rt" or tri#&nal or other a&thority immediately #efore the commencement of s&ch order, as may #e specified in the order) !d" contain s&ch s&pplemental, incidental and conse%&ential provisions !incl&din$ provisions as to fees and as to limitation, evidence or for the application of any law for the time #ein$ in force s&#+ect to any e,ceptions or modifications" as the President may deem necessary. 4375!6" the order of the Administrative Tri#&nal finally disposin$ of any case shall #ecome effective &pon its confirmation #y the State (overnment or on the e,piry of three months from the date on which the order is made, whichever is earlier1

Provided that the State (overnment may, #y special order made in writin$ and for reasons to #e specified therein, modify or ann&l any order of the Administrative Tri#&nal #efore it #ecomes effective and in s&ch a case, the order of the Administrative Tri#&nal shall have effect only in s&ch modified form or #e of no effect, as the case may #e. !7" 8very special order made #y the State (overnment &nder the proviso to cla&se !6" shall #e laid, as soon as may #e after it is made, #efore #oth 9o&ses of the State :e$islat&re. !7" The 9i$h .o&rt for the State shall not have any powers of s&perintendence over the Administrative Tri#&nal and no co&rt !other than the S&preme .o&rt" or tri#&nal shall e,ercise any +&risdiction, power or a&thority in respect of any matter s&#+ect to the +&risdiction, power or a&thority of, or in relation to, the Administrative Tri#&nal. !;" If the President is satisfied that the contin&ed e,istence of the Administrative Tri#&nal is not necessary, the President may #y order a#olish the Administrative Tri#&nal and ma3e s&ch provisions in s&ch order as he may deem fit for the transfer and disposal of cases pendin$ #efore the Tri#&nal immediately #efore s&ch a#olition. !/" <otwithstandin$ any +&d$ment, decree or order of any co&rt, tri#&nal or other a&thority, !a" no appointment, postin$, promotion or transfer of any person !i" made #efore the 1st day of <ovem#er, 1/67, to any post &nder the (overnment of, or any local a&thority within, the State of 9ydera#ad as it e,isted #efore that date) or !ii" made #efore the commencement of the .onstit&tion !Thirty second Amendment" Act, 1/73, to any post &nder the (overnment of, or any local or other a&thority within, the State of Andhra Pradesh) and !#" no action ta3en or thin$ done #y or #efore any person referred to in s&# cla&se !a", shall #e deemed to #e ille$al or void or ever to have #ecome ille$al or void merely on the $ro&nd that the appointment, postin$, promotion or transfer of s&ch person was not made in accordance with any law, then in force, providin$ for any re%&irement as to residence within the State of 9ydera#ad or, as the case may #e, within any part of the State of Andhra Pradesh, in respect of s&ch appointment, postin$, promotion or transfer. !15" The provisions of this article and of any order made #y the President there&nder shall have effect notwithstandin$ anythin$ in any other provision of this .onstit&tion or in any other law for the time #ein$ in force.0

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