Andhra Pradesh Municipal Laws (Amendment) Act, 1993*
| [Andhra Pradesh Act No. 4 of 1993] | [24th January, 1993] |
An Act further to amend the Andhra Pradesh Municipalities Act, 1965 and the Hyderabad Municipal Corporation Act, 1955.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty-third Year of the Republic of India as fellows:-
* Received the Assent of the Governor on 24th Jan., 1993. For Statement of Objects and Reasons, Please See the Andhra Pradesh Gazette, Part IV-A, Extraordinary dated the 17th Sept. 1992 at Page 2.
1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Municipal Laws (Amendment) Act, 1993.
(2) The provisions of clauses (D) and (F) of section 3 shall come into force at once and the rest of the provisions shall be deemed to have come into force on the 6th November, 1992.
2. Amendment of Act VI of 1965.- In the Andhra Pradesh Municipalities Act, 1965,-
(A) In section 5, for sub-section (1), the following shall be substituted, namely:-
"(1) There shall be constituted for each municipality a body of Councillors to be called the Municipal Council having authority over the municipality and consisting of such number of councillors as may be notified from time to time by the Government in the Andhra Pradesh Gazette, excluding the ex-officio councillors specified in sub-section (2), in accordance with such principles as may be prescribed:
Provided that the number of Councillors to be elected in respect of each council existing at the commencement of the Andhra Pradesh Municipal Laws (Amendment) Act, 1993 shall be as it stood at such commencement until such number is revised by the Government in accordance with the principles prescribed,";
(B) for section 5A, the following section shall be substituted, namely:-
5A. "Symbols for elections to the Office of the Chairman and Councillors.- (1) The election authority shall by notification in the Andhra Pradesh Gazette specify the symbols for allotment to the contesting candidates at an election to the office of the Chairman and the Councillors, except those symbols which are reserved for the recognised political parties.
Explanation:-In this section the term "recognised political party shall have the meaning assigned to it in the Election Symbols (Reservation and Allotment) Orders, 1968 issued under article 324 of the Constitution of India";
(C) in section 7, for sub-section (5), the following sub-section shall be substituted, namely:-
"(5) The term of office of the elected Councillors and the Chairman shall be five years from the date of the first meeting of the council held after the elections.";
(D) in section 10, in sub-section (1) for clause (a) the following clause shall be substituted, namely:-
"(a) divide the municipality into as many as single member wards as the number of councillors notified under section 5".
3. Amendment of Act II of 1956.- In the Hyderabad Municipal Corporations Act, 1955:-
(A) in section 10, in sub-section (1), clause (b) shall be omitted;
(B) in section 34,-
(i) the words "or the Mayor" shall be omitted;
(ii) in the marginal heading the words "or the Mayor" shall be milted:
(C) in section 37, in sub-section (1),-
(i) in the opening paragraph for the words "a sum of rupees five hundred in the case of the office of the Mayor and rupees one hundred in the case of the office of the Councillors", the words "a sum of rupees one hundred" shall be substituted;
(ii) in clause (a), for the words "rupees two hundred and fifty only in the case of the Office of the Mayor and rupees fifty only in the case of the Office of the Councillor", the words "rupees fifty only" shall be substituted;
(D) in section 70G, in sub-section (1) in the proviso for the words "in the aggregate exceed two years", the words "in the aggregate exceed three years" shall be substituted;
(E) for sections 90 and 90A, the following section shall be substituted, namely:-
90. "Mayor and Deputy Mayor.- (1) The Corporation shall at their first meeting under clause (b) of Section 88 and in each following year, elect one from amongst the Councillors to be the Mayor and another to be the Deputy Mayor, until the first meeting in the next Following year:
Provided that if a member of either House of the State Legislature or of the House of the People who is an ex-officio Councillor is elected as Mayor by virtue of his being also an elected Councillor, he shall cease to hold the office of Mayor unless, within fifteen days from the date of election to such office, he ceases to be a member of either House of the State Legislature or of the House of the People, and if a Mayor subsequently becomes a member of either House of the State Legislature or of the House of the people, he shall cease to hold the said office of Mayor unless, within fifteen days from the date on which he so becomes such member, he ceases to be a Member of either House of State Legislature or of the House of people:
Provided further that if a Member of the Council of States is elected as Mayor, the provisions of the foregoing proviso shall apply.
(2) Where a Special officer is appointed to the Corporation, the Special Officer shall preside over the first meeting under clause (b) of Section 88, and also conduct the elections of the Mayor under sub-section (1).
(3) A retiring Mayor or Deputy Mayor shall be eligible for re-election to either office.
(4) If any casual vacancy occurs in the office of the Mayor or the Deputy Mayor, the councillors shall, as soon as conveniently may be after the occurrence of the vacancy, elect one from among themselves to fill the vacancy, and every Mayor or Deputy Mayor so elected shall hold office only so long as the person in whose place he is elected would have been entitled to hold it, if the vacancy had not occurred.
(5) The ex-officio Councillors, shall be entitled to participate in the meeting convened for the election of the Mayor or the Deputy Mayor".
(F) Amendment of Section 148, in section 148,-
(i) for sub-section (3) the following sub-section shall be substituted, namely:-
(3) "The Commissioner shall not lease, sell or otherwise dispose of any movable or immovable property belonging to the Corporation without the previous sanction of the Corporation and of the Government"
(ii) in sub-section (4) for the words "or that of the Corporation" the words "or the previous sanction of the Corporation and of the Government", shall be substituted.
4. Application of section 3 to the Visakhapatnam and Vijayawada Municipal Corporations.- The amendments made to the Hyderabad Municipal Corporation Act, 1955 by section 3 shall extend to and shall apply also to the Visakhapatnam and Vijayawada Municipal Corporations.
5. Special provision with regard to ensuing ordinary elections to Municipalities and Municipal Corporations.- Notwithstanding anything in the Andhra Pradesh Municipalities Act, 1965, the Hyderabad Municipal Corporations, Act, 1955, the Visakhapatnam Municipal Corporations Act, 1979 and the Vijayawada Municipal Corporations Act, 1981 any ordinary election to be held under the aforesaid Acts after the commencement of this Act shall be only on the basis of the electoral rolls prepared and published under the Representation of People Act, 1950, (Central Act 43 of 1950) with reference to 1st January, 1993, as the qualifying date in pursuance of Circular No. 23/92-Vol. III, dated the 13th May, 1992 of the Election Commission of India.
6. Repeal of Ordinance 10 of 1992.- The Andhra Pradesh Municipal Laws (Third Amendment) Ordinance, 1992 is hereby repealed.