The Andhra Pradesh Economically Weaker sections other than Kapus (Reservation of Seats in the Educational Institutions and of appointments or posts in the Public Services under the State) Act, 2019.
**THE ANDHRA PRADESH ECONOMICALLY WEAKER SECTIONS OTHER**

**THAN KAPUS (RESERVATION OF SEATS IN THE EDUCATIONAL**

**INSTITUTIONS AND OF APPOINTMENTS OR POSTS IN THE PUBLIC**

**SERVICES UNDER THE STATE) Act, 2019**

**ARRANGEMENT OF SECTIONS**

**(ACT No.15 of 2019)**

(20[th] February, 2019)

**SECTIONS**

**CHAPTER I**

1. Short title, extent and commencement.

2. Definitions.

3. Reservation of Seats in Educational Institutions.

4. Reservation in appointments or posts in the public services

under the State.
5. Power to make Rules.

6. Power to remove difficulties.

7. Protection of action taken in good faith.

8. Savings.

**THE ANDHRA PRADESH ECONOMICALLY WEAKER SECTIONS OTHER**

**THAN KAPUS (RESERVATION OF SEATS IN THE EDUCATIONAL**

**INSTITUTIONS AND OF APPOINTMENTS OR POSTS IN THE PUBLIC**

**SERVICES UNDER THE STATE) ACT, 2019**

**(ACT No.15 of 2019)**

(20[th] February, 2019)

**AN ACT TO PROVIDE FOR THE RESERVATION OF SEATS IN**
**EDUCATIONAL INSTITUTIONS IN THE STATE OF ANDHRA PRADESH**
**AND OF APPOINTMENTS OR POSTS IN THE PUBLIC SERVICES UNDER**
**THE STATE FOR THE ECONOMICALLY WEAKER SECTIONS OTHER**
**THAN  KAPUS AND FOR MATTERS CONNECTED THEREWITH OR**
**INCIDENTAL THERETO.**

WHEREAS, the policy of reservation for the social, economic and
educational upliftment of the citizens not only for the admissions into
educational institutions but also for appointments in the services under the
State is being implemented in the State of Andhra Pradesh for a long time
and the same was being implemented for the Backward Classes, Schedule
Castes and Schedule Tribes;


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AND WHEREAS, a large percentage of the population of Andhra Pradesh
suffering from social and educational backwardness for many years have
started enjoying the fruits of the reservation policy and have been able to
improve their lot and attain a higher standard of living;

AND WHEREAS, there was a longstanding demand from the poorest classes
of the unreserved categories that due to their economic weakness are unable
to compete with the other affluent classes, as a result of which they are
gradually becoming socially and educationally backward;

And WHEREAS, due to the persistent demands from the Economically
Weaker Sections of the people an amendment to the Constitution was made
under the Constitution (One Hundred and Third Amendment) Act, 2019 by
inserting clauses 15(6) and 16(6) in the constitution in order to enable the
economically weaker sections (EWSs) who are not covered under the existing
scheme of reservations for the scheduled castes, the scheduled tribes and
the socially and educationally backward classes to receive the benefits on a
preferential basis in civil posts and services in the government and
admission in educational institutions;

And WHEREAS, due to the insertion of Articles 15(6) and 16(6) in the
Constitution of India, the Government of Andhra Pradesh is empowered to
make provision for 10% reservation to Economically Weaker Sections of
Citizens in Civil posts and services in the Government of Andhra Pradesh
and admission in Educational Institutions;

And WHEREAS, the State Government came to a conclusion that there is
every need to provide 5% reservation to Economically Weaker Sections
(EWS) of Citizens other than Kapus who are not covered under the existing
scheme of reservation for Scheduled Castes, Scheduled Tribes and Socially
and Educationally Backward Class Citizens in the admission to the
Educational Institutions including Private Educational Institutions, whether
aided or unaided other than Minority Educational Institutions and in the
appointments in the Civil Posts and Services under the State Government.

Be it enacted by the Legislature of the State of Andhra Pradesh in the

Seventieth year of the Republic of India as follows:
**1. Short Title Extent and Commencement,- (1) This Act may be called the**
Andhra Pradesh Economically Weaker sections other than Kapus

(Reservation of Seats in the Educational Institutions and of appointments or
posts in the Public Services under the State) Act, 2019.

(2) It extends to the entire State of Andhra Pradesh.

(3) It shall come into force on such date as the State Government

may, by notification, appoint.


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**2. Definitions,-** In this Act, unless the context otherwise requires:
(a). "Economically Weaker Sections" means the classes
consisting of persons not included in any other category of
reservation, declared as such by the State Government, by
notification in the Official Gazette, for the purposes of this
Act;

(b). “Educational Institutions” means

(i) any college or other educational institution maintained
by the State or receiving aid out of the State funds or
affiliated to any university established by law including an
university college and a constituent college, other than
Minority Educational Institutions; or

(ii) any institute or training centre recognized or approved
by the Government with the object of preparing, training
or guiding its students for any certificate, degree or
diploma or other academic distinctions granted or
conferred by any university or authority established or
approved in this behalf by the Government other than
Minority Educational Institutions;

(c) “Government” means the State Government of Andhra
Pradesh;

(d)  “Notification” means a notification published in the
Andhra Pradesh Gazette and the word ‘Notified’ shall be
construed accordingly.

(e) "prescribed" means prescribed by rules made under this
Act;

(f) “Public Service” means public service as defined in the
Andhra Pradesh (Regulation of Appointments to Public
Services and Rationalization of Staff Pattern and Pay
Structure) Act, 1994.

**3.** **Reservation of Seats in Educational Institutions,- (1). The reservation**
in respect of the annual permitted strength for admission into such
educational institutions and courses in the State, as may be prescribed, for
Economically Weaker Sections other than Kapus shall be five (5) percent.

(2). There shall be one-third reservation for women from the

Economically Weaker Sections other than Kapus within five percent of
reservation accorded to Economically Weaker Sections of Kapus in respect of
the annual permitted strength for admission into such educational
institutions and courses in the State, as may be prescribed. The one-third
reservation for women shall be Horizontal.


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**4. Reservations in appointments or posts in the public services under**
**the State,-** (1) The reservation of appointments and posts in the services
under the State for the Economically weaker sections other than Kapus
shall be (5) five percent.

(2) There shall be one-third reservation for women from the

Economically Weaker Sections other than Kapus within five percent of
reservation accorded to Economically Weaker Sections of Kapus in respect of
the annual permitted strength for admission into such educational
institutions and courses in the State, as may be prescribed. The one-third
reservation for women shall be Horizontal.

**5.  Power to make Rules,- (1)The Government may by notification**
published in the Andhra Pradesh Gazette make rules for carrying out all or
any of the purposes of this Act.

(2) (a) All rules made under this Act shall be published in the

Andhra Pradesh Gazette and shall come into force on the day on which they
are so published unless it is expressly mentioned to come into force on a
particular day.

(b) All notifications issued under this Act shall come into force on
the day on which they are published, unless it is expressly mentioned to
come into force on a particular day.

(3) Every rule made under this Act shall be laid before each House of

the State Legislature immediately if it is in session and if it is not in session,
in the next session which follows immediately for a total period of fourteen
days which may be comprised in one session or in two successive sessions,
and if, before the expiration 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 in the annulment or the rule, the rule shall be
with effect from the date of notification of such modification or annulment in
the Andhra Pradesh Gazette is notified and  have effect only in such
modified form or shall stand annulled, 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.

**6. Power to remove difficulties,- If there is any difficulty/hindrance in**
giving effect to the provisions of this Act, the Government may, by an order
published in the Andhra Pradesh Gazette, make such provisions not
inconsistent with the provisions of this Act as appear to them to be
necessary or expedient for removing the difficulty/hindrance:

Provided that no such order shall be made after the expiry of two

years from the date of the commencement of this Act.


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**7. Protection of action taken in good faith,- No suit, prosecution or other**
legal proceedings shall lie against any authority or person for anything done
or purported to have been done in good faith in pursuance of the provisions
of this Act or the rules made thereunder.

**8. Savings,- (1) The provisions of any other act being enacted by the State of**
Andhra Pradesh for the Reservation of Seats in educational institutions and
of appointments or posts in the services under the State for Economically
Weaker Sections other than Kapus, in so far as they relate to the
reservations, shall, from the date of commencement of this Act, stand
repealed.

(2) All rules, orders, circulars etc. made or, as the case may be, issued

before the commencement of this Act by the State Government in relation to
reservation of seats in educational institutions and of appointments and
posts in the public services under the State for the Economically Weaker
Sections other than Kapus shall, in so far they relate to matters for which
provision is made in this Act and are not inconsistent therewith, be deemed
to have been made or, as the case may be, issued under this Act as if this
Act had been in force on the date on which such rules, orders, circulars etc.
were made or, as the case may be, issued and shall continue in force unless
and until they are superseded by any rule made under this Act.

(3) Nothing in this Act shall be deemed to have affected any orders

made by the Governor in exercise of his powers under the Fifth Schedule of
the Constitution of India in respect of the Scheduled Areas.

**DUPPALA VENKATARAMANA,**

Secretary to Government,

Legal and legislative Affairs and Justice,

Law Department.


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