Andhra pradesh act 003 of 1987 : Andhra Pradesh Mandala Praja Parishads, Zilla Praja Parishads and Zilla Pranalika Abhivrudhi Mandals (Amendment) Act, 1987

Section 1. Short title

1. Short title.- This Act may be called the Andhra Pradesh Mandala Praja Parishads, Zilla Praja Pariasds and Zilla Pranalika, Abhivrudhi Mandals (Amendment) Act, 1987.

Section 2. Amendment of the long title

2. Amendment of the long title.- In the Andhra Pradesh Mandala Praja Parishads, Zilla Praja Parishads and Zilla Pranalika, Abhivrudhi Mandals Act, 1986 (Act 31 of 1986) (hereinafter referred to as the principal Act) in the long title, for the words "Zilla Pranalika, Abhivrudhi", the words "Zilla Abhivrudhi Sameeksha" shall be substituted.

Section 3. Amendment of section 1

3. Amendment of section 1.- In section I of the principal Act, in sub-section (1), for the words "Zilla Pranalika, Abhivrudhi", the words "Zilla Abhivrudhi Sameeksha" shall be substituted.

Section 4. Amendment of section 1

4. Amendment of section 1.- In section 5 of the principal Act,-

(1) in sub-section (2)-

(i) in the second proviso, for the opening paragraph and clause (a), the following shall be substituted, namely:-

"Provided further that six per cent of the total number of offices of President in the district shall be reserved for the members belonging to the Scheduled Tribes in the following manner, namely:-

(a) all the offices of President of Mandala Praja Parishads constituted for the Mandals wholly situated in the Scheduled Areas of the district, notwithstanding that the number of such offices exceed six per cent of the total number of offices of President in the district; and";

(ii) in the third proviso, for the brackets and words "(excluding the number of offices reserved for members belonging to the Scheduled Tribes)", the brackets and words "(excluding the number of offices reserved under clause (a) of the second proviso)"; shall be substituted.

(iii) in the fourth proviso, after the words "in a district", the brackets and words "(excluding the number of offices reserved under clause (a) of the second proviso)" shall be inserted;

(iv) in the fifth proviso, after the words "in a district", the brackets and words "(excluding the number of offices reserved under clause (a) of the second proviso)", shall be inserted and for the words "by rotation", the words "by rotation from term to term" shall be substituted;

(v) the following Explanation shall be added at the end, namely:-

"Explanation:-For the removal of doubts it is hereby declared that,-

(i) the principle of rotation from term to term for purposes of reservation, of offices under this sub-section shall commence from the first ordinary elections to be held under this Act;

(ii) for reserving the office of President to the members belonging to the Backward Classes, the population figures of the Backward Classes gathered in the socio-economic survey conducted, by the Andhra Pradesh Backward Classes Co-operative Finance Corporation Limited, Hyderabad shall be taken as the basis;

(iii) for the purposes of this sub-section the population in the areas included in any Municipal Corporation, Municipality or a Cantonment shall be excluded".

(2) in sub-section (4), far the words "shall be filled", the words "shall be filled within a period of six mouths from, the date of occurrence of the vacancy" shall be substituted;

(3) in sub-section (5), for the words within three months", the words "within six months" shall be substituted.

Section 5. Amendment section 12

5. Amendment section 12.- In section 12 of the principal Act,-

(i) in sub-section (I),-

(a) in the opening paragraph, for the words "a President of a Mandala Praja Parishad belonging to any political party shall be disqualified for being such member" the expression "a member referred cd in clause (ii), clause (iii) or clause (iv) of sub-section (1) of section or a President of a Mandala Praja Parishad belonging to any political party shall cease to be such member or President" shall be substituted;

(b) after clause (b) and before the Explanation, the following clause shall be inserted, namely:-

"(c) if he has been expelled from such political party in accordance with the procedure established by the constitution, rules or regulations of such political party";

(c) to the Explanation, the following shall be added, namely;-

"and a member shall be deemed to belong to the political party if any, by which he was set up as a candidate for election as a Member of the Legislative Assembly, House of the People or the Counsel of States, as the case may be";

(ii) in sub-section (2), for the wards "shall be ??? for being President if he ??? on such joining he shall be deemed to belong to such political party as if he was set up as a candidate for election as President by that political party for purposes of this section" shall be substituted;

(iii) after sub-section (2), the following sub-section shall be namely:-

"(3) An intimation that a member or President, has ex-facie ceased to hold office under this section shall be given by the District Development Officer".

Section 6. Amendment of section 15

6. Amendment of section 15.- In section 15 of the principal Act, in sub-section (1), the second proviso shall be omitted.

Section 7. Amendment of section 16

7. Amendment of section 16.- In section 16 of the principal Act, after sub-section (1), the fallowing sub-section shall be inserted; namely:-

"(1A) Where an intimation is given by the District Development Officer under subjection (3) of section 12 that a person has ceased to be a member or President, such person may, within a period of two months from the date on which such intimation is given, apply to the District Munsiff for a decision on the correctness of the fact so intimated.".

Section 8. Substitution of new section for section 18

8. Substitution of new section for section 18.- For section 18 of the principal Act; the following section shall be substituted, namely:-

18. "Resignation of President, Vice-President of member.- The President, the Vice-President or member specified in clause (i) or clause (v) of sub-section (1) of section 4 may resign his office as such President, Vice-President or member by giving notice in writing, to the District Development Officer. Except in a case where the person resigning delivers the notice of resignation personally to the District Development Officer, the District Development Officer shall, on receipt of a notice of resignation, obtain confirmation from the person concerned as to its genuineness. A resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which the notice was received.

Section 9. Amendment of Section 33

9. Amendment of Section 33.- In section 33 of the principal Act, after sub-section (1), the following sub-section shall be inserted, namely:-

"(1A) Government shall also make an annual grant at the rate of five rupees per person residing in the Mandal calculated on the basis of the last preceding census of which figures are available".

Section 10. Amendment of section 38

10. Amendment of section 38.- In section 38 of the principal Act, sub-section (6) shall be omitted.

Section 11. Amendment of section 44

11. Amendment of section 44.- In section 44 of the Principal Act,-

(1) in sub-section (1), for the second and third provisos and the Explanation thereunder, the following shall be substituted, namely:-

"Provided further that six per cent of the total number of offices of Chairman in the State shall be reserved by the Government by rotation, from term to term, for the members belonging to the Scheduled Tribes in the manner prescribed; so however that the district in respect of which the office of Chairman is so reserved shall, as for as practicable, be the district where the proportion of the population of the Scheduled Tribes to the total population of the district is the largest:

Provided also that fifteen per cent of the total number of offices of Chairman in the State shall be reserved by the Government, by rotation, from term to term, for the members belonging to the Scheduled ??? in the manner prescribed; so however, that atleast one office of Chairman is reserved in each of the three regions of the State consisting of Coastal Andhra, Telangana and Rayalaseema and the district in respect of which the office of Chairman is so reserved shall, as far as practicable, be the district where the proportion of the population, of the Scheduled Castes to the total population of the district is, the largest.

Provided also that nine per cent of the total number of offices of Chairman in the State shall be reserved by the Government, by rotation, from term to term, for women in the manner prescribed; so however that not more than one office of Chairman is reserved in each of the three regions of the State consisting of Coastal Andhra, Telangana and Rayalaseema and the district in respect of which the office of Chairman is so reserved shall, as far as practicable, be the district where the proportion of the population of women to the total population of the district is the largest:

Provided also that after the offices of Chairman are reserved for Scheduled Tribes, Scheduled Castes and women in that order as aforesaid, twenty percent of the total number of offices of Chairman in the State shall be reserved by the Government, by rotation, from term to term, for Backward Classes in the manner prescribed; so however, that atleast one office of Chairman is reserved in each of the three regions of the State consisting of Coastal Andhra. Telangana and Rayalaseema and the district in respect of which the office of Chairman is so resedved shall, as far as practicable, be the district where the proportion of the population of the Backward Classes to the total population of the district is the largest:

Provided also that the reservation of office of the Chairman to all the categories put together shall be in the ratio of 2:2:1 in respect of the three ??? of State, namely, Coastal Andhra, Telangana, Rayalaseema, respectively.

Explanation:-For the removal of doubts it is hereby declared that-

(i) the office of Chairman of the Zilla Praja Parishad of a district for which a Zilla Parishad was constituted under the repealed Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 shall not be reserved for the Scheduled Castes or the Scheduled Tribes in the first ordinary elections to be conducted under this Act if the Office of Chairman of such Zilla Parishad was reserved for the same category in the ordinary elections held to such Zilla Parishad immediately prior to the commencement, of this Act;

(ii) for reserving the office of Chairman to the members belonging to the Backward Classes the population figures of the Backward Classes gathered in the socio-economic survey conducted by the Andhra Pradesh Backward Classes Co-operative finance Corporation Limited, Hyderabad, shall be taken as the basis;

(iii) for purposes of this sub-section the population in the areas included in any Municipal Corporation. Municipality or a Cantonment shall be excluded;

(iv) The expression "Coastal Andhra" shall mean the region comprising the Srikakulam, Vizianagaram, Visakhapatnam, East Godavari, West Godavari, Krishna, Guntur, Prakasam and Nellore districts, the expression "Telangana" shall mean the region comprising the Mahabubnagar, Rangareddy, Medak, Nizamabad Adilabad, Karimnagar, Warangal, Khammam and Nalgonda districts and the expression "Rayalaseema" shall mean the region comprising the Kurnool, Cuddapah, Anantapur and Chittoor Districts."

(2) in sub-section (3), for the words "shall be filled", the words "shall be filled within ??? period of six months from the date of occurrence of the vacancy", shall be substituted;"

(3) in sub-section, (4), for the words "three months", the words "six months", shall be substituted;

(4) fee sub-section (5), the following sub-section shall be substituted, namely:-

"(5) The provisions of sections 10 to 16 shall apply to the Chairman of the Zilla Praja Parishad subject to this variation that for the expressions ‘Mandal’, ‘Mandala Praja Parishad’, ‘President’, ‘Mandal Development Officer’, ‘District Development Officer’ and ‘District Munsiff’ the expression ‘District’, ‘Zilla Praja Parishad’, ‘Chairman’, ‘District Development Officer’, ‘District Collector’ and ‘District Judge’ shall respectively be substituted;"

Section 12. Amendment of section 48

12. Amendment of section 48.- In section 48 of the principal Act, for the express on, "sections 10, 11, 15 and 16," the expression "sections 10 to 16" shall be substituted.

Section 13. Substitution of new action for section 50

13. Substitution of new action for section 50.- For section 50 of the principal Act, the following section shall be substituted, namely:-

50. "Resignation of Chairman, vice-Chairman or member.- The Chairman, the Vice Chairman or a member specified in clause (i), or clause (v) of sub-section (3) of section 43 may resign his office as such Chairman, Vice-Chairman or member by giving notice in writing to the District Collector. Except in a case where the person resigning delivers the notice of resignation personally to the District Collector, the District, Collector shall on receipt of a notice of resignation, obtain confirmation from the person concerned as to its genuineness. A resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which the notice was received.".

Section 14. Amendment of section 63

14. Amendment of section 63.- In section 63 of the principal Act, after sub-section (1) the following sub-section shall be inserted, namely:-

"(1A) The Government shall also make an annual grant at the rate of two rupees per person residing in the district calculated on the basis of the last preceding census of which figures are available."

Section 15. Substitution of new section for section 69

15. Substitution of new section for section 69.- For section 69 of the principal Act, the following section shall be substituted, namely:-

69. "Zilla Abhivrudhi Sameeksha Mandali.- (1) The Government may, by notification, constitute for each district a Zilla Abhivrudhi Sameeksha Mandali (hereinafter in this section referred to as the ‘Mandali’), with effect from such date as may be specified therein.

(2) Every Mandali shall consist of the following members, namely:-

(i) the Chairman of Zilia Praja Parishad concerned;

(ii) all the members of the Legislative Assembly of the State and the House of the People elected from the district including the areas composed in a Municipality or a Municipal Corporation and the members of the Council of States who are members of the Zilla Praja Parishad specified in clause (iv) of sub-section (3) of section 43;

(iii) the District Collector, who shall also he the Member-Secretary of the Mandali.

(3) Such Minister of the Council of Ministers as may be ??? by the Chief Minister shall be the Chairman and the Chairman of the Zilla Praja Parishad concerned shall be the Vice-Chairman of the Mandali.

(4) The Mandali shall review, the developmental activities of, all departments in the district and also perform such other functions as the Government may, by notification, entrust to it, from time to time.

(5) The Mandali shall meet at least ones in three months at such place as may be prescribed, and shall, in regard to the conduct of business at its meetings follow such rules as may be prescribed."

Section 16. Insertion of new section 91A

16. Insertion of new section 91A.- After section 91 of the principal Act following section shall be inserted, namely:-

91-A "Reservation of office of President and Chairman to cases after Ten years.- The provisions of this Act relating to reservation of offices of President and Chairman for the Scheduled Tribes Scheduled Castes, Women and Backward Classes shall cease to have effect on the expiration of a period of ten years from the commencement of this Act".