AP Teachers Transfers Act Rules for Teachers Transfers

AP Teachers Transfers Act. Rules and Regulations for Teachers Transfers. Sub:- School Education - Preparation of Draft regarding Andhra Pradesh State Teachers Transfers (Regulation of Transfers) Act, 2018 and Gazette Notification - Suggestions and Comments - Requested -Regarding. A draft proposal has been prepared with regard to the draft bill for Gazette notification. All the recognized teachers associations are requested to submit their suggestions and comments to finalize the draft for A.P State Teachers Transfers (Regulation of Teachers) Act.THE ANDHRA PRADESH STATE TEACHERS TRANSFER REGULATION ACT, 2018 ARRANGEMENT OF SECTIONS 

AP Teachers Transfers Act Rules for Teachers Transfers

THE ANDHRA PRADESH STATE TEACHERS TRANSFER REGULATION ACT, 2018 ARRANGEMENT OF SECTIONS

Statement of Objects and Reasons Sections:
  • 1. Short title and commencement 
  • 2. Definitions 
  • 3. Compulsory appointment of a teacher to rural areas 
  • 4. Transfer by counseling 
  • 5. Prohibition of transfer of a teacher from one unit of seniority to another unit of seniority 
  • 6 Penalties 
  • 7. Cognizance of offences 
  • 8. An Act to override other laws 
  • 9. Power to remove difficulties 
  • 10. Power to amend the Schedule 
  • 11. Protection of action taken in good faith 
  • 12. Power to make rules 
  • 13. Transitory provisions 
2 Objectives and Reasons
  • Act- of 2018:- It is considered necessary to regulate transfer of teachers in Government/Zilla Parishad / Mandal Parishad/ Primary/Upper Primary Schools and Secondary Schools in Andhra Pradesh, in order to ensure availability of teachers in all schools, including rural areas by classifying the habitations into Category I, II, III and IV, depending on the the limits of Corporation, Municipalities, Nagar Panchayat basing on HRA rates and also availability of transportation facility and to ensure teachers availability in schools as per teacher pupil ratio, so as,- 
  • (1) to transfer a teacher to a rural area (Category IV and III) on their initial appointment and also to transfer a teacher to a rural area (Category IV and III) on their immediate next transfer who has not worked in any rural area (Category IV and III) prior to the commencement of this Act . 
  • (2) not to transfer any teacher outside the rural area (Category IV and III) who is appointed in a rural area (Category IV and III) before the completion of five years from the date of their appointment. 
  • (3) to provide transfer opportunity to the teachers to the nearest place where their spouse is working. 
  • (4) It is to: 
  • (i) Streamline the process of transfer and posting of teachers, by providing options and flexibilities to teachers to seek posting of their preference, subject to availability of vacancies. 
  • (ii) ensure filling up of vacancies in rural areas (Category IV & III) and those under Centrally/ State Sponsored Scheme on priority. 
  • (iii) ensure providing of teachers as per teacher pupil ratio/rationalisation norms. 

ANDHRA PRADESH ACT NO. _____ OF 2018 
THE ANDHRA PRADESH STATE TEACHERS TRANSFER REGULATION ACT, 2018 

(Received the assent of the Governor on the____ day of__ , 2018)
An Act to provide for regulation of transfer of teachers so as to ensure the availability of teachers in Government/ZiIIa Parishad / Mandal Parishad/ Primary/Upper Primary Schools and Secondary Schools in rural areas.
Whereas it is expedient to provide for regulation of transfer of teachers so as to ensure the availability of teachers in Government/Zilla Parishad / Mandal Parishad/ Primary/Upper Primary Schools and Secondary Schools. in rural areas / as per requirement and for the matters connected therewith or incidental thereto;
Be it enacted by the Andhra Pradesh State Legislature in the sixty-ninth year of the Republic of India, as follows:-

1. Short title and commencement.- 
(a) This Act may be called THE ANDHRA PRADESH STATE TEACHERS TRANSFER REGULATION ACT, 2018 (b) It shall come into force immediately.

2. Definitions.- In this Act, unless the context otherwise requires,-
  • (a) "appointment" means appointment by direct recruitment, by absorption or by promotion; 
  • (b) "appointing authority" means the authority competent to make appointment to the post of a teacher./Head master Gr II. 
  • (c) "competent authority" means the authority competent to make/pass orders of transfer of a teacher/Head master Gr II. 
  • (d) " Maximum Period" means, a continuous service of eight years in the station (working area of the school) in different cadres all put together. 
  • (e) "Minimum Period" means, a continuous service of five years in a station in different cadres put together.' 
  • (f) "rural area" means the areas of 
  • (i) Category IV — All hamlets /villages where 12% HRA is 
  • admissible, and which do not have connectivity through an all-weather road as per the norms of Panchayat Raj (Engineering) department, any other else. 
  • (ii) Category III — All Habitations / Villages where 12% HRA is 
  • admissible and which do not fall under category iv and have connectivity through an all-weather road as per the norms of Panchayat Raj (Engineering) Department. 
  • (9) "urban area" means the areas 
  • (i). category I- All the areas within the limits of a district head quarters, the limits of a City Corporation; and the area notified by the State Government from time to time as meriting 20% HRA. 
  • (ii) Category II - All Habitations/ Towns Municipality or a Nagar Panchayat and the area notified by the State Government from time to time as meriting 14.5% HRA. 
  • (h) "school" means Primary or Upper Primary or the High School under the managements of Government/ Mandal Parishad/ Zilla Parishad belonging to the State Government /Local Bodies as the case may be; 
  • (i) "schedule" means the schedule appended to this Act; 
  • (j) "teacher" means a person appointed to a category of post as a teacher, in a Primary/Upper Primary School or a High School and such other posts as specified in the Schedule. HM means,HeadMaster of Secondary school. 
  • (k) "transfer" means posting of a teacher to a post in a place of working, including posting of a teacher from one place of working to a post in another place of working and includes transfer within the managements, their initial appointments or outside the unit of appointments as per seniority in the same cadre. 
  • (I) "unit of seniority" means, the revenue district for the posts (School Assistants/SGT/LP and equivalent cadre) in Govt./Mandal Parishad/ Zilla Parishad managed Primary/Upper Primary/High schools and a zone (territories mentioned therein Presidential Order, 1975 with time to time amendments if any) in respect of Headmaster Gr.11 in Govt./MPP/Zilla Parishad/High schools. 
  • (m) "Needy schools" means , needy identified through Rationalisation norms 
  • (n) "surplus" means, who has been declared by competent authority to be above staff requirements at their school. 
3. Compulsory appointment of a teacher to rural areas.- 
  • (i) Every appointing authority while making initial appointment of a teacher to a school shall ensure that vacancies in rural areas shall be filled in the first instance. 
  • Provided that the provisions relating to compulsory appointment of a teacher to the rural area shall not apply to a teacher who has been appointed to a unit of seniority which does not comprise any rural area. 
  • (ii) If no vacancy is available for initial appointment or transfer in any particular category, a vacancy may be created by transfer of a teacher who has completed minimum number of years of service to any category in the order of priority within the unit of seniority. 
  • Provided that in case any teacher who is serving in rural area IV and III category, is eligible to be transferred to category I & II, but if they so desire to continue to serve in category IV or Category III, as the case may be, they may be allowed to continue to serve in these respective categories. 
  • Explanation: Order of priority shall be calculated inter alga, on the basis of the total number of years of service of a teacher, in a category, in different cadres, and on the basis of any other criteria as may be prescribed. 
"3 (A). Compulsory transfer of a teacher in public interest :- 
  • (i) A teacher who has completed maximum period of service in category I & II has more than two years of remaining service shall be transferred compulsorily to a post in Category III or IV in public interest. 
  • Provided that an unmarried female teacher or a widow female teacher or a teacher / dependent suffering with severe ill health or having dependents with special needs of mental nature or a teacher having more than forty percent physical disability shat: be given exemption from provision of this subsection. 
  • (ii) A teacher serving in category I or II or III and undergoing major penalty under the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 or facing criminal charges in Court of Law shall be transferred to Category IV or Ill, even if they have not completed minimum period of service at their current place of posting, at the time of serving such penalty or charges, as the case may be. 
  • (iii) If no vacancies are available for such compulsory transfer under sub-section (i) or (ii), the vacancies may be created by offering transfer option to existing teachers who have completed minimum period of service in Category IV or Ill as provided in sub-section(ii) of section 3(A). 
  • (B) Rotation of teachers :- (i) A teacher who has served minimum period of service in Category IV or Ill or II shall be offered option to seek transfer to any Category basing on service of a teacher in the category and on the basis of any other criteria as may be prescribed subject to availability of vacancies. 
  • (ii) A vacancy remaining unfilled in Category-I or II or Ill shall be filled by transfer of teacher in Category IV or III or II on exercise of options , subject to availability of vacancies. 
  • (iii)A vacancy remaining unfilled in Category IV or III or II shall be filled by transfer of a teacher in Category I or II or III , on exercise of options, subject to availability of vacancies. 

( C) Transfer teachers to needy schools as per Rationalisation
4. Transfer by counseling.- 
  1. The transfer of a teacher under this Act shall be done through a process of computerized counseling conducted in such manner as may be prescribed from time to time. 
  2. Provided that, the total number of transfers in a year in any cadre and in any unit of seniority under this Act shall not exceed 20% or any lower limit as may be prescribed. 
  3. (5) Prohibition of transfer of a teacher from one unit of seniority to another unit of seniority.- 
  4. (i) There shall be no transfer of a teacher from the unit (District / Zone) of seniority in which they are appointed to another unit of seniority. 
  5. Provided that a teacher who is found surplus by the competent authority in a unit of seniority may be transferred or redeployed to a needy school in another unit of seniority. 
  6. (ii) The provision of sub-section (i) of section 5 shall be relaxed in the following cases, namely:- 
  7. (a) In case of a teacher married to a Government or PSU employee posted outside the unit of seniority of the teacher irrespective of the period of service; 
  8. (b) In case of mutual transfers from one unit to other, subject to conditions that both teachers must have completed minimum period of two years of service; must be otherwise eligible to be transferred to that unit; must have minimum two years of service left over ; however such mutual transfers shall not be allowed more than once in their service and they shall not be eligible for protection of seniority. 
  9. (c)Where a female teacher is a widow; 
  10. (d). Where a teacher or their spouse or children are suffering from serious ailments, for which medical treatment is not available at their place of work and their transfer is necessary to a place where such treatment is available, so as to provide them the required medical treatment. However, no transfer shall be made unless the teacher concerned produces a certificate from the District Medical Board specifying the nature of ailment, stating the fact that the required treatment is not available at their place of work, specifying the place where the required treatment is available and certifying that their transfer is necessary to such a place to ensure provision for the required medical treatment. 
  11. (e) The teacher may, on request, be transferred through a process of counseling to such place or nearby place or post outside the unit of seniority where their spouse is working in an aided educational Institution but excluding an urban area. 
  12. (f) Provided a teacher has completed the minimum two years of service in any category and is seeking transfer to an eligible category to another unit of seniority which does not has a surplus teachers. 
  • 6. Penalties.- (1) if any teacher/HM provides false information /false documents shall be liable for disciplinary action under the disciplinary rules applicable to civil servants. 
  • (2) If any competent authority or any officer makes an order of posting or appointment or transfer in contravention to the provisions of this Act, or the rules made thereunder, such competent authority or officer, as the case may be, shall be liable for disciplinary action under the disciplinary rules applicable to civil servants. 
  • 7. Cognizance of offences.- No Court shall take cognizance of any offence under this Act except on a complaint made in writing by an officer authorized by the Government by notification published in this behalf in the Official Gazette. 
  • 8. An Act to override other laws.- The provisions of this Act shall have an overriding effect, notwithstanding anything inconsistent: therewith contained in any other law for the time being in force. 
  • 9. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by Order published in the official Gazette make provisions, not inconsistent with the provisions of this Act, as it appear to be necessary or expedient for removing that difficulty: 
  • (Provided that no such Order shall be made after the expiry of a period of two years from the date of commencement of this Act.) 
  • 10. Power to amend the Schedule.- The S.:ate Government may, by notification, add, alter or remove any of the entries specified in the Schedule. 
  • 11. Protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie against any officer of the Government for anything done in good faith or intended to be done in good faith under this Act, provided the intent of such actions of good faith are submitted in writing and are found to be consistent with the ethics and laws of the land. 

12. Power to make rules.- 
  • (1) The State Government may by notification and after previous publication, make rules to carry out the purposes of this Act. 
  • (2) Any rule made under this Act may be made, with retrospective effect and when such a rule is made, the reasons for making the rule shall be specified in a statement to be laid before both Houses of the State Legislature and subject to any modification made under sub-section (3) of Rule (11), every rule made under this Act shall have effect as if it is enacted under this Act. 
  • (3) Every rule made or notification issued under this Act, shall be laid as soon as may be after it is made before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification, in the rule or notification or decide that any rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. 
13. Transitory provisions.- 
  1. Any rule, notification, order or appointment, made or issued or otherwise providing for or relating to any of the matters for the furtherance of which this Act is an enacted, before the commencement of this Act and in force on the date of commencement of this Act, to the extent they are not inconsistent with the provisions of this Act, shall continue to be in force and effective as if they are made or issued or appointed under the corresponding provisions of this Act, unless and until superseded by anything done or any Act action taken or any rule, notification, order or appointment made under this Act.

3 comments:

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