Andhra pradesh act 001 of 1995 : Andhra Pradesh Municipal Laws (Amendment) Act, 1995

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Municipal Laws (Amendment) Act, 1995.

(2) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette appoint and they may appoint different dates for different provisions.

Section 2. Amendment of VI of 1965

2. Amendment of VI of 1965.-In the Andhra Pradesh Municipalities Act, 1965,-

(1) in section 3, for sub-section (4) the following shall be substituted, namely:-

"(4) Every local area which at the commencement of the Andhra Pradesh Municipal Laws (Amendment) Act, 1995 has been constituted into a Municipality shall until the criteria for specifying a ‘transitional area’ and ‘smaller urban area’ are provided be deemed to have been specified as a ??? ares under clause (42a) of section 2 and a Municipality of the same under existing as at such commencement shall be deemed to have been constituted under this Act:

Provided that after the criteria for specifying a transitional area' and ‘smaller urban area’ are prescribed, if a local area which is deemed to have been specified as a smaller urban area does not satisfy the criteria, therefor, but satisfies the criteria for specifying as a ‘transitional area’ then it shall be competent for the Governor to specify such local area as a transitional area and thereupon a Nagar Panchayat shall be deemed to have been constituted for such transitional area.":

(2) for section 5A the following section shall be substituted namely:-

5A. "Symbols for election to the offices of Chair Person and Members.- The election authority shall by notification in the Andhra Pradesh Gazette specify the symbols including the symbol reserved for recognized political party for exclusive allotmel to contesting candidates set up by that party, that may be chosen-by the candidates contesting at an election to the offices of Chairperson and Members and the restrictions to which their choice shall be subject.

Explanation: In this section the term "recognised political party" shall have the meaning assigned to it in the Election Symbols (Reservation and Allotment) Order, 1968, issued under article 324 of the Constitution of India.";

(3) in section 5, in sub-section (1), Explanation-II shall be omitted;

(4) in section 15, in sub-section (I) in clause (b), the words "to imprisonment for a period of not less than one year shall be omitted;

(5) in section 23, in sub-section (1) the Explanation shall be omitted.

Section 3. Amendment of II of 1965

3. Amendment of II of 1965.-In the Hyderabad Municipal Corporations Act, 1955,-

(1) in section 5,-

(a) in sub-section (2) the proviso to clause (b) shall be omitted;

(b) in sub-section (3) in the Explanation clause (iii) shall be omitted,

(2) in section 8, in sub-section (1) the words "as at the last census shall" be omitted and for the proviso thereunder the following proviso shall be substituted namely:-

"Provided that the divisions notified under this sub-section shall, until they are altered, continue to be in force";

(3) in section 22, in sub-section (1), in clause (a), the words "and punishable with imprisonment for a term exceeding" six months or to transportation shall be omitted;

(4) in section 34-

(i) for the words "to the office of a Member the words" to the Office of Member or the Mayor shall be substituted;

(ii) in the marginal heading for the words "Office of Member the wards offices of Members or Mayor" shall be substituted;

(5) for section 90, the following sections shall be substituted, namely;-

90. Election and term of Office of Mayor.- (1)(a) The Mayor of the Corporation shall be elected by the persons whose names appear in the electoral roll for the Corporation, from among themselves, in the manner prescribed;

(b) if at any election held under this sub-section, no Mayor is elected, a fresh election shall be held:

Provided that if a Member of the Legislative Assembly of the State or of either House of Parliament is elected as Mayor, he shall cease to hold the said office of mayor unless, within fifteen days from the date of election to the said office, he ceases to be a Member of the Legislative Assembly of the State or as the case may be, of either House of Parliament, and it? Mayor subsequently becomes a Member of the Legislative Assembly of the State or as this case may be, of cither House of Parliament the shall cease to held 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 the Legislative Assembly of the State, or as the case may be, of either House of Parliament.

(2) Where ordinary elections are held to the office of Members the election of the Mayor may also be held at the same time and in the same place as the ordinary election of the Members of the Corporation.

(3) Save as otherwise expressly provided in this Act, the term of office of the Mayor who is elected at an ordinary election shall be five years from the date of the first meeting held under clause (b) of section 88.

(4) Subject to the revisions of sub-section (5), any casual vacancy in the office of the Mayor shall be filled at a casual election and a person elected as Mayor in any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred.

(5) No casual vacancy in the office of the Mayor shall be filled within six months before the date on which the ordinary lection of the Mayor under sub-section (1) is due.

(6) The provisions of sections 21, 22 and 23 shall, as far as may be, apply in relation to the office of the Mayor, as thy apply in relation to the office of an elected Member.

(7) The Mayor shall, by virtue of his office, be a Member of the Corporation and shall have all the rights and privileges of an elected Member of the Corporation and he shall be entitled to vote at all meetings of the Corporation.

(8) The provisions of the Act relating to the conduct of election to the office of Members shall, so far as may be, apply tin relation to the election of Mayor under this section.

Election of Deputy Mayor 90-A. (1) The Members of the Corporation shall elect one of its elected Members to be its Deputy Mayor at the first meeting of the Corporation after the ordinary elections in the manner prescribed.

(2) The ex-officio Members shall be entitled to participate in the meeting convened for the election of the Deputy Mayor.

(3) If at any election held under sub-section (1) no Deputy Mayor is elected a fresh election shall be held for electing Deputy Mayor.

(4) The Deputy Mayor shall be deemed to have assumed office on his being declared as such and shill hold office for a period of five years from the date he assumes office.

(5) Any casual vacancy in the office of the Deputy Mayor shall be filled at a casual election and a person elected as Deputy Mayor in any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have been entitled to held office, if the vacancy had not occurred."

Section 4. Amendment of Act 25 of 1994

4. Amendment of Act 25 of 1994.- In the Andhra Pradesh Municipal Corporations Act, 1994.

(1) in section 5 to clause (i) the following proviso shall be added namely:-

"Provided that the number of Members to be elected in respect of a Corporation constituted under this Act shall be the same as the number of Members in the Municipality existing immediately prior to such constitution, until it is altered.";

(2) in section 6, in the Explanation, clause (iii) shall be omited;

(3) for section 9, the following sections shall be substituted, namely:-

9 Election and term of office of Mayor.- (1)(a) The Mayor of the Corporation or shall be elected by the persons whose names appear in the electoral roll for the Corporation, from among themselves, in the manner prescribed;

(b) if at any election held under this sub-section, no Mayor it elected, a fresh election shall be held;

Provided that if a Member of the Legislative Assembly of the State or of either House of Parliament is elected as Mayor, he shall cease to hold the said office of Mayor unless, within fifteen days from the date of election to the said office, he ceases to be Member of the Legislative Assembly of the State or as the case may be, of either House of Parliament, and if a Mayor subsequently becomes a Member of the Legislative Assembly of the State or as the case may be of either House of Parliament, he shall cease to hold the said office of Mayor unless, within 15 days from the date on which he so becomes such Member, he ceases to be Member of the Legislative Assembly of the State, or as the case may be of either House of Parliament.

(2) Where ordinary elections are held to the office of Members the election of the Mayor may also be held at the same time and in the same place, as the ordinary election of the Members of the Corporation.

(3) Save as otherwise expressly provided in this Act, the term of office of the Mayor who is elected at an ordinary election shall be five years from the date of the first meeting of the Corporation held after ordinary elections.

(4) Subject to the provisions of sub-section (5), any casual vacancy in the office of the Mayor shall be filled at a casual election and a person elected as Mayor in any such Vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would be have been entitled to hold office, if the vacancy had not occurred.

(5) No casual vacancy in the office of the Mayor shall be filled within six months before the date on which the ordinary election of the Mayor under sub-section (1) is due.

(6) The provisions of sections 21, 22 and 23 of the Hyderabad Municipal Corporations Act, 1955 shall, as far as may be, apply in relation to the office of the Mayor, as they apply in relation to the office of an elected Member.

(7) The Mayor shall, by virtue of his office, be Member of the Corpora non and shall have all the rights and privileges of an elected Member of the Corporation and he shall be entitled to vote at all meetings of the Corporation.

(8) The provisions of the Act relating to the conduct of election to the office of Member shall, so far as may be apply in relation to the election of Mayor under this section.

9A. Election of Deputy Mayor.- (1) The Members of the Corporation shall elect one of its elected members to be its Deputy Mayor at the first meeting of the Corporation after the ordinary elections in the manner prescribed.

(2) The ex-officio Members shall be entitled to participate in the meeting convened for the election of the Deputy Mayor

(3) ff at any election held under sub-section (1) no Deputy Mayor his elected a fresh election shall be held for electing Deputy Mayor.

(4) The Deputy Mayor shall be deemed to have assumed office on his being declared as such and shall hold office for a period of 5 years from the date he assumes office.

(5) Any casual vacancy in the office of the Deputy Mayor snail be filled at a casual election and a person elected as Deputy Mayor in any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have been entitled to hold office if the vacancy had not occurred".

Section 5. Application of Section 3 to other Co-Municipal Corporations

5. Application of Section 3 to other Co-Municipal Corporations.- The amendments made to the Hyderabad Municipal Corporation Act, 1995 by section 3 shall extend to and shall apply also to the Visakhapatnam and Vijayawada Municipal Co-rations and to any other Municipal Corporation constituted under the Andhra Pradesh Municipal Corporations Act, 1994 (Act 25 of 1994).

Section 6. Special provision in respect of the next ordinary elections

6. Special provision in respect of the next ordinary elections.- Notwithstanding anything contained in the Andhra Pradesh Municipalities Act, 1965 (Act VI of 1965) and any law relating to Municipal Corporations for the time being in force in the State the number of Members and division made into words in any Municipal Corporation and the number of Members and the division made into wards in any Municipality existing at the commencement of the Andhra Pradesh Municipal Laws (Amendment) Act, 1995 shall continue unaltered for holding elections to the Municipalities and Municipal Corporations after such commencement and no alteration thereof shall be necessary merely on the ground that the population figures of the last preceding census are published.

Section 7. Repeal of Ordinance Act, 1995

7. Repeal of Ordinance Act, 1995.- The Andhra Pradesh Municipal Laws (Amendment) Ordinance 1995 is hereby repealed.