 bill  no  58 of  2018 the reservation in posts and services for kapu community of andhra pradesh bill, 2018 by shri muthamsetti srinivasa rao, mp a billto provide for the reservation in posts and services of the central government and publicsector undertakings for kapu community with a view to improving their living standard and extending them the benefits of progress made by the country after independence and for matters connected therewithbe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—short title1 this act may be called the reservation in posts and services for kapu community of andhra pradesh act, 2018definitions2 in this act, unless the context otherwise requires,—5(a) "kapu" means the people belonging to the telaga, kapu, ontari, balijacommunities of the state of andhra pradesh; and(b) "establishment" means an establishment which is owned, established, controlled, managed or financed by the central government and includes—(i) a ministry or department or subordinate office or attached office of thecentral government;5(ii) a public sector undertaking or statutory authority constituted  underany central act;(iii) a corporation in which not less than fifty-one per cent of the paid-upshare capital is held by the central government;1018 of 2013(iv) a government company as defined under clause (45) of section 2 ofthe companies act, 2013; and(v) an autonomous body, organisation or institution receiving grant or aid from the consolidated fund of india3 there shall be reserved such percentage of posts, not below five per cent of total posts in every establishment, for the persons belonging to kapu communityreservation of posts in establishments for persons belonging to kapu community15power to remove difficulty4 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, notinconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:20provided that no such order shall be made after the expiry of the period of three years from the date of commencement of this act(2) every order made under sub-section (1) shall be laid before each house of parliamentpower to make rules255 the provisions of this act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or anything contained in any judgment of any court of law contrary to it including judgment regarding ceiling on reservation6 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this actact to have over-riding effect3035(2) every rule made under this act shall be laid as soon as may be after it is made before each house of parliament 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 immediately following the session or successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule 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 statement  of  objects  and reasonsthe british government in madras presidency had recognized kapus as backward caste in 1915 and also included in the backward classes list of andhra region with the formation of the state of andhra pradesh on 1st october, 1953, a list of backward classes as existed in the composite madras state was adopted with slight modifications and the kapus continued to enjoy the status of backward classes in 1956, the then andhra pradesh government omitted kapus from the backward classes list again, though the successive government tried to recognize them as other backward classes through a government order, the high court struck down the order on technical groundsthere was a long standing demand for the inclusion of kapu sub-castes ie, telagakapu, ontari and balija into the backward classes category on the basis of an expert advice of the andhra pradesh state backward classes commission that kapu community be given reservation in appointments and educational institutions in view of their social, economic and educational backwardness, the state government came to a conclusion that there is every need for inclusion of kapus into the backward classes category for their upliftment and all round advancement and passed a legislation to that effect the need is to include the kapu community in the central list of backward classes in respect of the state of andhra pradesh to extend the benefits of reservation to themthe bill, therefore, seeks to provide for the reservation in posts and services of the central government and public sector undertakings for persons belonging to kapu community with a view to improve their living standard and extending the benefits of reservation to them which are available to persons belonging to other backward classeshence this billnew delhi;muthamsetti srinivasa raojanuary 18, 2018 memorandum  regarding  delegated  legislationclause 6 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the reservation in posts and services of the central government and public sector undertakings for kapu community with a view to improving their living standard and extending them the benefits of progress made by the country after independence and for matters connected therewith————(shri muthamsetti srinivasa rao, mp)mgipmrnd—4150ls(s3)—23-02-2018