Andhra pradesh act 005 of 1991 : Andhra Pradesh Mandala Praja Parishads Zilla Parishads and Zilla Pranalika and Abivrudhi Sameeksha Mandals (Amendment) Act, 1991

Section 1. Short title

1. Short title.- This Act may be called the Andhra Pradesh Mandala Praja Parishads, Zilla Praja Parishads and Zilla Pranalika and Abhivrudhi Sameeksha Mandals (Amendment) Act, 1991.

Section 2. Amendment of Section 5

2. Amendment of Section 5.- In the Andhra Pradesh Mandala Praja Parishads, Zilla Praja Parishads and Zilla Pranalika and Abhivrudhi Sameeksha Mandals Act, 1986 (Act 31 of 1986) (hereinafter referred to as the Principal Act), in section 5, in sub-section (2), in the Explanation, in item (iii), after the word "Municipality", the expression "or a local area declared as a notified area under section 389-A of the Andhra Pradesh Municipalities Act, 1965" (Act 6 of 1965) shall be inserted.

Section 3. Amendment of section 26

3. Amendment of section 26.- In section 26 of the principal Act;-

(i) in sub-section (1), in clause (a), for the words. "for the purposes of this Act,", the words "for the purposes of implementation of the resolutions of the Mandala Praja Parishads" shall be substituted;

(ii) to sub-section (7), the following provisos shall be added at the end, namely:-

"Provided that no meeting of the Mandala Praja Parishad shall be convened on any day declared by the Government as a public holiday and during the period in which the ??? either House of parliament is in ???

Provided further that in reckoning any such period of sixty days or the period of thirty days following such period as the case may be referred to above, any public holiday and any period during which the Legislative Assembly of the State, or either House of the Parliament is in session shall be excluded."

(iii) after sub-section (7), the following sub-section shall be added, namely:-

"(8) Where the District Development Officer is satisfied that the President or the person for the time being exercising the powers and performing the functions of the President has ex facie ceased to be the President, or as the case may be, ceased to exercise the powers and perform the functions of the President under sub-section (7), he shall forthwith intimate that fact by registered post to the President or such person".

Section 4. Amendment of section 44

4. Amendment of section 44.- In section 44 of the principal Act, in sub-section (1),-

(i) in the opening paragraph for the words "by the members of the Zilla Praja Parishad", the expression "by the members of the Zilla Praia Parishads other than the member specified in clause (vi) of sub-section (3) of section 43" shall be substituted;

(ii) in the sixth proviso in the explanation in item (iii), after the word "Municipality", the expression "on a local ares declared as a notified area under section 389-A of the Andhra Pradesh Municipalities Act, 1965" (Act of 1965) shall be inserted.

Section 5. Amendment of section 51

5. Amendment of section 51.- In section 51 of the principal Act, in sub-section (2); in clause (b), for the words "members of the Parishad", the expression "members of the Parishad other than the member specified in clause (vi) of sub-section (3) of section 43" shall be substituted.

Section 6. Amendment of section 57

6. Amendment of section 57.- In Section 57 of the principal Act:-

(i) in sub-section (1), in clause (a) for the words "for the purposes of this Act" the words "for the purposes of implementation of the resolutions of the Zilla Praja Parishad or any" Standing Committee thereof", shall be substituted.

(ii) to sub-section (6), the following provisos shall be added at the end, namely:-

"Provided that no meeting of the Zilla Praja Parishad shall be convened on any day declared by the Government as a public holiday and during the period in which the Legislative Assembly or either House of Parliament is in session:

Provided further that in reckoning any such period of ninty days or the period of thirty days following such period as the case may be referred to above, any public holiday and any period during which the Legislative Assembly of the State or either House of the Parliament is in session shall be excluded".

(iii) after sub-section (6), the following sub-section shall be added, namely:-

"(7) Where the District Collector is satisfied that the Chairman or the person for the time being exercising the powers and performing the functions of the Chairman has ex-facie ceased to be the Chairman, or as the case may be ceased to exercise the powers and perform the functions of the Chairman under sub-section (6), he shall forthwith intimate that fact by registered post to the Chairman or such person".

Section 7. Insertion of new section 66A

7. Insertion of new section 66A.- After section 66 of the Principal Act, the following section shall be inserted, namely:-

66A. "Power of Government to issue directions".- (1) Notwithstanding anything contained in this Act, it shall be competent for the Government to issue such directions as they may consider necessary to the Mandal Development Officer or the District Development Officer for the proper working of the Mandala Praja Parishad or as the case may be the Zilla Praja Parishad or for the implementation of the resolutions thereof and the Mandal Development Officer or as the case may be, the District Development Officer shall implement those directions, failing which, he shall be liable for disciplinary action under the relevant rules.

(2) The President of the Mandala Praja Parishad or as the case may be, the Chairman of the Zilla Praja Parishad shall ensure that the Mandal Development Officer or as the case may be the District Development Officer implements the directions issued by the Government under sub-section (1) and shall not do anything in derogation to the directions of the Government aforesaid. The President or the Chairman who contravenes the provisions of this section shall be deemed to have wilfully omitted or refused to carry out the orders of the Government for the proper working of the Mandal Praja Parishad or as the case may be the Zilla Praja Parishad within the meaning of section 38 or as the case may be section 67 of this Act".