Andhra Pradesh Municipal Laws (Amendment) Act, 1991*
| [Andhra Pradesh Act No. 11 of 1991] | [12th April, 1991] |
An Act Further to Amend the Hyderabad Municipal Corporations Act, 1955 and the Andhra Pradesh Municipalities Act, 1965
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty second Year of the Republic of India, as follows:-
* Received the assent of the Governor on the 12-04-1991. For statement of object and reasons please see the Andhra Pradesh Gazette, Part IV-A, Extraordinary, dated 21-03-1991 at Pages 9 and 12.
1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Municipal Laws (Amendment) Act, 1991.
(2) The amendments made by-
(i) clauses (g) and (h) of section 2 and clause (b) of section 3 shall be deemed to have come into force on the 6th December, 1990.
(ii) the remaining provisions shall come into force at once.
2. Amendment of Act 11 of 1956.- In the Hyderabad Municipal Corporations Act, 1955,-
(a) in section 5, for sub-section (1A), the following shall be substituted, namely:-
"(1A) Every member of the Legislative Assembly of the State and every member of the House of the People representing a constituency of which the Corporation or, a portion thereof forms part, shall be ex-officio Councillor of the Corporation:
Provided that a Member of the Legislative Assembly or a Member of the House of the People representing a constituency which comprises a portion of the Corporation and a part of any municipality or municipalities, shall be ex-officio Councillor of either the Corporation or of one such municipalities, which he chooses; and he shall also have the right to take part in the proceedings of any meetings of the other municipal councils or Corporation, as the case may be, within the constituency, but shall not be entitled to vote at any such meeting.
(1B) No person shall be a member in more than one of the categories specified in sub-section (1) end (1A). A person who is or becomes a member of the Corporation in more than one such category shall, by notice in writing signed by him and delivered to the Commissioner, within fifteen days from the date on which he so becomes a member, intimate in which one of the said categories he wishes to serve, and thereupon he shall cease to be the member in the other category. In default of such intimation within the aforesaid period, his membership in the Corporation in the category acquired earlier shall, and his membership acquired later in the other category shall not, cease at the expiration of such period. The intimation given under this sub-section shall be final and irrevocable.";
(b) section 97 of the principal Act shall be numbered as sub-section (1) thereof and after sub-section (1) as so cumbered, the following sub-section shall be inserted, namely:-
"(2) Where a subject is placed before the Standing Committee, the Standing Committee shall take a decision thereon within a period of fifteen days from the date of placing the matter before it and if a subject is not considered by the Standing Committee within the aforesaid, periods the proposal contained in the subject, shall be deemed to have been approved by the Standing Committee. Where a proposal is rejected by the Standing Committee, the Commissioner shall place the matter before the Corporation within a period of fifteen days from the date of such rejection for its decision and a meeting for this purpose shall be held in accordance with clause (c) of section 88.
(c) in section 124,-
(i) for clause (c), the following shall be substituted, namely:-
"(c) It shall be competent for the Commissioner to make a contract, other than a contract, relating to the acquisition of immovable property or any interest therein or any, right thereto, not involving an expenditure exceeding rupees twenty lakhs.";
(ii) in clause (d), the words "and not exceeding, rupees two lakhs" shall be omitted.
(d) after section 124, the, following, section shall be inserted, namely:-
124A. "Works costing more then twenty lakhs.- It Shall be competent for the Standing Committee to sanction works contract involving an expenditure exceeding rupees twenty lakhs but not exceeding rupees fifty lakhs.
(e) in section 126,-
(i) in sub-section (1), for the words "rupees one lakh", the words "rupees five lakhs", shall be substituted;
(ii) In the marginal heading, for the expression "Rs. 1 lakh", the expression, "Rs. 5 lakhs" shall be substituted.
(f) in section 129,-
(i) in the opening portion, for the words "ten lakhs", the words "fifty lakhs", shall be substituted;
(ii) in the marginal heading, for the words "ten lakhs" the words "fifty lakhs" shall be substitute;
(g) in section 145, for sub-section (2), the following shall be substituted, namely:-
"(2) Any immovable property which may be transferred to the Corporation by the Government shall be held by it subject to such, conditions as may be imposed by the Government and shall be applied to such purposes as the Government may impose or specify when the transfer is made.
(3) It shall be competent for the Government to resume any lands transferred to the Corporation by the Government with or without a condition for resumption whether before or after the commencement of the Andhra Pradesh Municipal Laws (Amendment) Act, 1991 for utilisation by the State Government, or the Central Government or any authority under their control".
(h) After section 374, the following shall be inserted, namely:-
374A. "Government power to repair the public streets vested in the Municipal Corporation.- (1) Notwithstanding anything contained in this Act, it shall be competent for the Government or any other agency authorised by them in this behalf to exercise the powers of the Corporation and the Commissioner vested in them by or under this Act for the purpose of levelling, metalline, paving, channelling, widening or otherwise to carry out any repair, to the public streets vested in the Corporation and also to lay new roads at their own expense in public interest.
(2) For the purpose of enabling the Government or the agency authorised by then to undertake repairs under sub-section (1), the public streets shall vest in the Government temporarily from a date to be notified by them in this behalf and thereupon it shall be competent for the Government to take over possession of the public streets from the said date. The public streets or any new roads laid under sub-section (1) shall continue to vest in the Government until the notification is revoked and thereafter stand transferred to the Corporation.
(3) It shall be the duty of the Corporation and the Commissioner to, carry out any directions issued by the Government for the purpose of sub-sections (1) and (2)".
(3) In the Andhra Pradesh Municipalities Act, 1965 (Amendment of Act 6 of 1965),-
(a) in section 5, after sub-section (2), the following sub-section shall be inserted, namely:-
"(2A). No person shall be a member in more than one of the categories specified in sub-sections (1) and (2). A person who is or becomes a member of the Council in more than one such category shall, by notice in writing signed by him and delivered to the Commissioner, within fifteen days from the date on which he, so becomes a member, intimate in which, one of the said categories her wishes to serve, and thereupon he shall cease to be the member in the other category. In default of such intimation within the aforesaid period, his membership in the Council in the category acquired earlier shall, and his membership acquired later in the other category shall not, cease at the expiration of such period. The intimation given under this sub-section shall be final and irrevocable".
(b) after section 171, the following shall be inserted, namely:-
171. A "Government's power to repair the public streets vested in the Municipal Council.- (1) Notwithstanding anything contained in this Act, it shall be competent for the Government or any other agency authorised by them in this behalf to exercise the powers of the Council and the Commissioner vested in them by or under this Act for the purpose of repairing the public streets and bridges vested in the Council and also to lay new roads at their own expense in public interest.
(2) For the purpose of enabling the Government or the agency authorised by them to undertake repairs under sub-section (1), the public streets and bridges shall vest in the Government temporarily from a date to be notified by them in this behalf and thereupon it shall be competent for the Government to take over possession of the public streets, and, bridges from the said date. The public, streets and bridges or any new roads laid under sub-section (1) shall continue to vest in the Government until the notification is revoked and thereafter stand transferred to the Council.
(3) It shall be the duty of the Council and the Commissioner to carry out any directions issued by the Government for the purposes of sub-sections (1) and (2)."
3. Amendment of Act 6 of 1956.- In the Andhra Pradesh Municipalities Act, 1965,-
(a) in section 5, after sub-section (2), the following sub-section shall be inserted, namely:-
"(2A). No person shall be a member in more than one of the categories specified in sub-sections (1) and (2). A person who is or becomes a member of the Council in more than one such category shall, by notice in writing signed by him and delivered to the Commissioner, within fifteen days from the date on which he, so becomes a member, intimate in which, one of the said categories her wishes to serve, and thereupon he shall cease to be the member in the other category. In default of such intimation within the aforesaid period, his membership in the Council in the category acquired earlier shall, and his membership acquired later in the other category shall not, cease at the expiration of such period. The intimation given under this sub-section shall be final and irrevocable".
(b) after section 171, the following shall be inserted, namely:-
171. A "Government's power to repair the public streets vested in the Municipal Council.- (1) Notwithstanding anything contained in this Act, it shall be competent for the Government or any other agency authorised by them in this behalf to exercise the powers of the Council and the Commissioner vested in them by or under this Act for the purpose of repairing the public streets and bridges vested in the Council and also to lay new roads at their own expense in public interest.
(2) For the purpose of enabling the Government or the agency authorised by them to undertake repairs under sub-section (1), the public streets and bridges shall vest in the Government temporarily from a date to be notified by them in this behalf and thereupon it shall be competent for the Government to take over possession of the public streets, and, bridges from the said date. The public, streets and bridges or any new roads laid under sub-section (1) shall continue to vest in the Government until the notification is revoked and thereafter stand transferred to the Council.
(3) It shall be the duty of the Council and the Commissioner to carry out any directions issued by the Government for the purposes of sub-sections (1) and (2)."
4. Application of the Act to Visakhapatnam and Vijayawada Municipal Corporations.- The amendments, made to the Hyderabad Municipal Corporations, Act, 1955 by section 2 shall extend to and shall apply also to the Visakhapatnam and Vijayawada Municipal Corporations.
5. Appeal of Ordinance 8 of 1990 and Ordinance 2 of 1991.- The Andhra Pradesh Municipal Laws (Amendment) Ordinance, 1990 and the Hyderabad Municipal Corporations (Amendment) Ordinance, 1991 are hereby repealed.