THE ANDHRA PRADESH STATE TEACHERS TRANSFERS REGULATION ACT, 2025. ACT No. 9 of 2025 Be it enacted by the Legislature of the State of Andhra Pradesh in the Seventy-sixth Year of the Republic of India, as follows:- Short title and commencement. 1. (1) This Act may be called the Andhra Pradesh State Teachers Transfers Regulation Act, 2025. (2) It extends to the whole State of Andhra Pradesh. (3) It shall come into force on such date as the Government may, by notification in the Andhra Pradesh Gazette, appoint. 2. In this Act, unless the context otherwise requires,- Definitions. (i) “Academic year” means June 1st of the every year to May 31st of next year; Note:- Headmaster Gr.II/Teacher who have completed minimum of nine months of their service in one academic year shall be treated as one complete academic year. (ii) “Appointment” means appointment by direct recruitment, by absorption or by transfer or by promotion; (iii) “Appointing Authority” means the authority competent to make an appointment to the post of Headmaster Gr.II/Teacher according to the provisions of the relevant Service Rules for the time being in force; (iv) “Ban Period” means the period during which transfers of Headmaster Gr.II/Teacher not to effect, as specified by the Government from time to time; (v) “Cluster” means a group of Primary, Upper Primary and High Schools within the Mandal; (vi) “Competent authority” means in case of Headmaster Gr.II, Regional Joint Director of School Education and whereas for teachers, District Educational Officer or any officer notified by the Government from time to time; (vii) “Headmaster Gr.II “ means Headmaster of High school working against the sanctioned post; (viii) “Teacher” means a person appointed to a category of post as a teacher, in a Primary or Upper Primary or High School and such other posts as specified in the Schedule; (ix) “Maximum Period” means,- (a) Continuous service of Five academic years for Headmaster Gr.II from the date of joining in their respective School. (b) Continuous service of Eight academic years for Teachers from the date of joining in their respective School. (x) “Minimum Period” means continuous service of two academic years in the cadre of Headmaster Gr.II/Teacher from the date of joining in their respective school; (xi) “Needy Schools” means schools in which Headmaster Gr.II/ Teacher are required as per Pupil Teacher Ratio (PTR) under RTE Act or the norms defined by the Government for Re-apportionment; (xii) “Urban Area” means the areas,- (a) Category I - All the areas within the limits of a district headquarters, the limits of a City Corporation and the area notified by the State Government from time to time as meriting the existing House Rent Allowance(HRA); (b) Category - II - All Habitations/Municipalities or Nagar Panchayats and the area notified by the State Government from time to time as meriting the existing House Rent Allowance (HRA); (c) As per norms defined by the Government from time-to- time. (xiii) “Rural Area” means,- (a) The areas of all Habitations where 12%(RPS-2015), 10%(RPS-2020) House Rent Allowance (HRA) as per the orders issued by the Government from time to time is admissible; (b) Category III - All Mandal headquarters not covered in Category I & II and all Habitations/Villages are having the all-weather road connectivity; (c) Category IV - Habitations/villages which do not cover in Category III including Hilltop area schools; (d) As per norms defined by the Government from time-to- time. Central Act No 35 of 2009. (xiv) Re-apportionment means the process of reallocating surplus teacher posts to the needy schools based on the Pupil-Teacher Ratio (PTR) prescribed under the Right To Education Act, 2009 and accordingly, determined by the State Government; (xv) “Transfer” means the posting of a Headmaster Gr.II/Teacher from one school to another school; (xvi) Teacher Adjustment means any orders issued by the competent authority adjusting the surplus teachers to that of needy schools on administrative grounds as per section 14 of this Act; (xvii) “School” means Primary, Upper Primary and High School under the management of Government/ Mandal Parishad/ Zilla Parishad/ Municipal/ Municipal Corporation as the case may be; (xviii) “Schedule” means the Schedule appended to this Act; (xix) “Surplus” means Headmaster Gr-II/ Teacher has been identified by competent authority to be more than the required teachers at the respective school as per RTE Act/ Re-apportionment norms; (xx) “Unit of Seniority” means,- (a) Zone: Headmaster Gr.II (Govt.Schools) whose initial appointment in Government Schools; (b) District (erstwhile): Headmaster Gr.II (MP/ZP), School Assistant, Secondary Grade Teacher and equivalent cadres in Government/Mandal Parishad/ Zilla Parishad management of Primary, Upper Primary and High Schools; (c) District (erstwhile): Headmaster Gr.II, School Assistant, Secondary Grade Teacher and equivalent cadres in Municipal Management Schools in Municipalities/ Municipal Corporations/Greater Visakhapatnam Municipal Corporation /Vijayawada Municipal Corporation of Primary, Upper Primary and High Schools. Compulsory Appointment of a Head Master Gr.II/ Teacher in Rural Areas i.e., Category III or IV. 3. (1) Every Appointing Authority while giving first posting on initial Appointment or Promotion of a Head Master Gr.II/ Teacher to a School shall ensure that vacancies in Rural Areas i.e., Category III or IV shall be filled in the first instance. (2) If no vacancy is available for posting on initial Appointment or Promotion in Category III or IV, then a Head Master Gr.II/ Teacher may be posted to a school in order of Category I or II. Note : The provisions mentioned in clause (i) and (ii) do not apply to the Head Master Gr.II/ Teacher appointed in Municipal Schools/ Municipal Corporation Schools. Re-apportionment of Teachers. 4. (1) The sanctioned posts and the Headmaster Gr.II/ Teacher working thereof in a school shall be reapportioned based on the Pupil-Teacher ratio fixed by the State Government from time to time. (2) After re-apportionment, the excess posts of a Headmaster Gr.II/ Teacher in any school shall be shifted to any other needy school. The excess teachers so determined shall be transferred through counseling, based on the order of priority, subject to such other conditions as may be prescribed by the Government from time to time. (3) Separate guidelines will be issued by the Government to Headmaster Gr.II/Teacher who are affected under re- apportionment. 5. (1) Provided that a Headmaster Gr.II/ Teacher who has completed maximum period of service in a particular school, shall be transferred compulsorily. (2) Provided that a Headmaster Gr.II/ Teacher who has served a minimum period of service in Category I/II/III/IV shall be offered the option to seek transfer, based on their service, subject to availability of vacancies. (3) Headmaster Gr.II/Teacher who are going to retire within 2 years from May 31st of that year shall not be transferred, until and unless they request for transfer. (4) Transfers shall be affected within their appointed management. (5) A Male Headmaster Gr.II/ Teacher aged below 50 years as on May 31st of that year and working in Girls High School shall be transferred mandatorily. (6) If no women Headmaster Gr.II/ Teacher are available to work in Girls High School, then the male Headmaster Gr.II/ Teacher who crossed 50 years of age as on May 31st of that year shall be considered for posting to such schools. (7) The Headmaster Gr.II who have completed 5 academic years of service and teacher who have completed 8 academic years of service as NCC officers should be posted in a vacancy in a school where there is an NCC unit. If no vacancy is available in another school having NCC unit they shall be continued in the same school on their request. If any NCC officer facing disciplinary proceedings, that NCC officer shall be transferred. Central Act No. 32 of 2012. (8) A teacher who is facing charges under the Protection of Children from Sexual Offences Act, 2012/girl child abuse case, shall not be opted to the same Mandal/Municipality or any Girls High School. In case of Municipal Corporation Schools, teacher shall be posted in distant places. (9) If Article of Charges are pending against the Headmaster Gr.II/ Teacher, he/she shall not be considered for request transfer. 6. (1) Government will notify the vacancies,- (i) Clear vacancies including retirement vacancies; (ii) Vacancies under compulsory transfer; (iii) Reapportionment vacancies; (iv) Vacancies arise out of unauthorized absence for one year or more than one year as on the date of issuance of transfer guidelines; (v) Study leave vacancies; (vi) Resultant vacancies during transfer counseling. (2) Provision of blocking of vacancies,- (i) In case of any surplus vacancies identified in the District, those vacancies shall be equitably distributed among the Mandals in the District; (ii) Separate guidelines for blocking of vacancies shall be issued by the Government from time to time. 7. (1) The transfer of a Headmaster Gr.II/Teacher under this Act shall be done through a process of web-based counselling conducted in such a manner as may be prescribed from time to time. (2) Headmaster Gr.II/Teacher cannot claim transfer as a matter of right and these guidelines does not intend or confer any right for posting at desired places. (3) While implementing the transfers, the State Government shall constitute the Committees at the State & District levels for ensuring the counselling process in a transparent manner. 8. All posts specified in the Schedule shall be filled only through online counseling based on the points as per sections 9 and 10. 9. (1) Station points shall be awarded to the Headmaster Gr.II/ Teacher based on the number of years of service in the respective school, as outlined below,- (i) Category- I area- 1 point/ year; (ii) Category- II area - 2 points/ year; (iii) Category- III area - 3 points/ year; (iv) Category- IV area - 5 points/ year. In the case of villages or towns that were initially categorized under one category and later reclassified to another category (as per HRA or road conditions), then the station points shall be calculated proportionately. Provided that the persons working in the ITDA areas notified by the Government from time to time, will get an additional 1 point per year in addition to the station points. (2) Service Points: For the service rendered: 0.5 point shall be awarded to Headmaster Gr.II/Teacher for completed year of service in all cadres, as of May 31st of that year. Special Points in transfers. 10. (1) Special points in transfers shall be provided,- (i) To the Headmaster Gr.II/Teacher whose spouse is employed in State/Central Government/Public Sector Undertakings/ Local Bodies or Aided Institutions and also to the regular employees working in Educational Societies running under State Government. (ii) The benefit of spouse points shall apply to one of the spouses once in 5/8 academic years only. (2) Un-married Women teachers who are above 40 years of age. (3) (i) Physically handicapped i.e., from 40% to 55% of Disability, to Visually challenged/Orthopedically challenged / Hearing impaired employees. (ii) Physically handicapped i.e., from 56% to 69% of Disability, to Visually challenged/ Orthopedically challenged/ Hearing impaired employees. (4) President and General Secretary of Recognized Teachers Unions at State/District Level(Erstwhile Districts). (5) Legally Separated Women, Ex-servicemen in Army/ Navy/ Air Force/BSF/CRPF/CISF now working as teacher and spouse of the service person in Army/ Navy /Air Force/ BSF/ CRPF/CISF. (6) The Scouts and Guides unit who is operating for the past two years at the time of consideration. Note: Government will indicate the points from time to time. Preferential category for transfers 11. (1) Preferential category for transfers are as follows,- (i) Physically handicapped i.e., more than or equal to 80 % to Visually challenged/ Orthopedically challenged employees. (ii) Physically handicapped i.e more than or equal to 70 % to Visually challenged/ Orthopedically challenged/ Hearing impaired employees. (iii) widow (it will not applicable in case of remarriage) (iv) Headmaster Gr.II/Teacher who is suffering from the following diseases, in which he/she undergoing treatment: (a) Cancer; (b) Open Heart Surgery/Correction of Atrial Septal Defect /Organ Transplantation; (c) Major Neuro Surgery; (d) Bone TB; (e) Kidney Transplantation/ Dialysis; and (f) Spinal Surgery. (v) Headmaster Gr.II/Teacher with dependent children and spouse who are mentally challenged and are undergoing treatment. (vi) Headmaster Gr.II/Teacher with dependent children suffering with Juvenile Diabetes/ Thalassemia Disease/ Haemophilia Disease/Muscular Dystrophy and are ongoing treatment. Note:- (A) Headmaster Gr.II/Teacher those who have applied for transfer under above category shall submit all Medical Reports/Certificates certified by the District/State Medical Board afresh through online and no old Certificates will be allowed. (B) The Headmaster Gr.II/Teacher should avail of either the preferential categories or special points once in 5/8 years respectively. (2) Preference shall be given to the Headmaster Gr.II/ Teacher who have dependent children who born with congenital heart defect(holes in Heart) and who have undergone surgery shall be considered under preferential category within (3) years from the date of surgery. (3) However, for the categories specified in sub section (1) - (i) For Secondary Grade Teachers - 40% of vacancies will be filled in a particular school. (ii) For School Assistants - 50% of vacancies in each subject will be filled in a particular school. (iii) For School Assistants in Single Subject Teacher High Schools will not be considered. Performance of teachers. 12. Government shall issue separate guidelines from time to time on performance points. Negative Points. 13. In case of unauthorized absence, one point shall be deducted for each month of absence limited to maximum 10 points, besides the punishment awarded under disciplinary proceedings. Negative points will be awarded for the unauthorized absence after the date of commencement of the Act. Teacher adjustment. 14. The competent authority, may adjust the surplus teachers to that of needy schools on administrative grounds as and when permitted by the Government. In case of Request/Mutual/ Inter District/Inter State Transfer. 15. Government is the competent authority to consider transfers of request/mutual/Inter District/Inter State. If any Headmaster Grade II or Teacher is transferred on request or mutual grounds during the ban period then the period worked in both stations shall be taken into account to calculate the maximum period when determining eligibility for compulsory transfer. Transfers Calendar. 16. (1) General Transfers will be made only once in a year, as per the time schedule mentioned in section 7 or as notified by the Government from time to time. (2) Transfers can be effected by the Government at any time during the year in cases of administrative exigency. Grievance/ Appeal Redressal 17. (1) Government shall constitute Grievance Redressal Committees at District/Zonal/ State Level under the Chairmanship of District Educational Officer/ Regional Joint Director of School Education/ Commissioner/Director of School Education. (2) Government shall issue guidelines for Grievance Redressal Committees to dispose the grievances. (3) Notwithstanding anything above, he/she can approach Hon’ble Courts only after exhausting the Grievance Redressal Mechanism at all levels. Miscellaneous 18. (1) Before conduct of transfer counselling, reapportionment shall be completed, then after completion of transfers, it is open to the competent authority to conduct teacher adjustment if any. (2) Government shall issue a separate guidelines for conducting transfer counselling every year in accordance with the rules prescribed hereunder. (3) If there is any contradiction in the guidelines, the rules mentioned in Act shall prevail. (4) During the issuance of transfer guidelines by the Government, the same shall specify the number of points to be allotted under special/reapportionment. In case of Request/Mutual/ Inter District/Inter State Transfer. (5) In case, the entitlement points of two or more applicants are equal then the following shall be taken into consideration sequentially,- (i) The seniority in the cadre shall be taken into account. (ii) Priority to the candidate based on the date of birth (senior) besides clause (i). (iii) Women. (6) In case of any disciplinary issues with Headmaster Gr.II/ Teacher, the competent authority can transfer to other places with the approval of District Collector. (7) Restriction on Non-Educational Duties outside the Department: Central Act No 35 of 2009. As per Sections 25(2) and 27 of the Right to Education Act, 2009, Headmaster Gr.II/ Teacher shall not be assigned non-educational duties except for census, disaster relief, or election work. As such Headmasters Gr.II/ teachers cannot be transferred/deputed outside the School Education Department. Transfer with the approval of the Government. 19. Not with standing anything contained in any other law for the time being in force or the provisions of this Act, the Appointing Authority, after obtaining approval from the State Government, in the interest of education or in the interest of public service for administrative reasons or in the larger public interest may transfer the services of any Headmaster Gr.II/Teacher to any other school. Offences and Penalties. 20. (1) Violation of any of the provisions of this Act, shall be treated as commission of an offence punishable under this Act. (2) If any Headmaster Gr.II/Teacher submits false information /false documents/ medical reports shall be liable for disciplinary action as per APCS (CC&A) Rules, 1991 and they shall be transferred to category -IV School and should work mandatorily for 5/8 years without any transfer. (3) Any officer who have countersigned the false information/ false documents/ medical reports shall be liable for disciplinary action as per APCS (CC&A) Rules, 1991 in addition to prosecution as per rules. (4) If any competent authority makes an order of posting or appointment or transfer in contravention to the provisions of this Act or the Rules made there under, such competent authority or officer, as the case may be, shall be liable for disciplinary action as per APCS (CC&A) Rules, 1991. (5) If any Headmaster Gr.II/Teacher who are to be compulsorily transferred and who do not apply for counselling, shall be given posting orders in absentia to the leftover needy vacancies at category IV only, if category IV vacancies are not available then allot at category III at the end of the web counselling of that particular category of teachers. Cognizance of offences. 21. 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 on this behalf in the Official Gazette. Act to override other laws. 22. 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. Power to remove difficulties. 23. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by Order publish in the official Gazette make provisions, not inconsistent with the provisions of this Act, as it appears 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. (2) Every order made under this section shall be laid as soon as may be after it is made, before each House of Legislature. Power to amend the Schedule. 24. The State Government may, by notification, add, alter or remove any of the entries specified in the Schedule. Protection of action taken in good faith. 25. No suit, prosecution or another legal proceeding shall lie against any officer of the Government for anything which is done or intended to be done in good faith under this Act or the rules made there under. Power to make rules. 26. (1) The State Government, may by notification, in the Andhra Pradesh Gazette, make rules to carry out all or any of the purposes of this Act. (2) Every rule made under this Act shall immediately after it is made, be laid before the State Legislature if it is in session, and if it is not in session, in the session immediately following for a total period of fourteen (14) days which may be comprised in one session or in two (2) successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislature agree in making any modification in any rule or in the annulment of the rule, the rule shall, with effect from the date of notification of such modification of annulment in the Andhra Pradesh Gazette is notified have effect only in such modify 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. Non-Applicability of Act. 27. This Act shall not apply to the following: (1) The Mandal Educational Officers working under School Education Department. (2) Teachers working in schools run by the Societies i.e., Andhra Pradesh Model Schools Society, Andhra Pradesh Residential Educational Institutional Society and Kasturba Gandhi Balika Vidyalayas (KGBVs). (3) Teachers working under the Societies concerned, the respective Society Bye-laws shall be applicable. “TABLE” STATEMENT OF OBJECTS AND REASONS It is expedient to provide for the responsibility of the State Government to regulate the transfers of teachers in Government/Zilla Parishad/Mandal Parishad/ Municipal Schools/ Municipal Corporation Schools in accordance with the requirement of teachers in schools in order to maintain Pupil Teacher Ratio (PTR) norms prescribed in the Right of Children to Free and Compulsory Education Act, 2009(Central Act No. 35 of 2009) and rules framed and norms laid down there under for ensuring optimum utilization of manpower for effective academic support to the students and for the prevention of adverse effect on academic activities in schools. In this regard, it is to,- (i) streamline the process of transfer and posting of Headmaster Gr.II/Teacher by providing options and flexibilities to seek posting of their preference, subject to the availability of vacancies. (ii) ensure the filling up of vacancies in Rural Areas (Category III and IV) and; (iii) ensure to provide the teachers as per Pupil Teacher Ratio (PTR) under the RTE Act, 2009/ Re- apportionment Norms as decided by the Government from time to time. While effecting transfers, the academic interest of the students shall be supreme. The other dominant considerations in effecting transfer will be administrative exigencies/ ground and organizational reasons including the need to maintain continuity, uninterrupted academic schedule and quality of teaching and to that extent, the individual interest/requests shall be subservient. Accordingly, it has been decided to undertake a specific legislation to regulate transfer of Headmaster Gr.II/Teacher in the State. |
