Preamble
Andhra Pradesh Municipal Laws (Amendment) Act, 1999*
| [Andhra Pradesh Act No. 13 of 1999] | [20th April, 1999] |
An Act further to amend the Andhra Pradesh Municipalities Act, 1965 and the Hyderabad Municipal Corporations Act, 1955
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fiftieth-Year of the. Republic of India as follows:-
SOR Statement of Objects and Reasons
STATEMENT OF OBJECTS AND REASONS
In order to ensure discipline during the Council meetings and for smooth running of the affairs of the Municipalities and the Municipal Corporations, the Government have decided to amend the Andhra Pradesh Municipalities act, 1965 as well as Hyderabad Municipal Corporations Act, 1955 empowering the Government to suspend the Chairperson/Mayor or vice-Chairperson/Deputy Mayor or Member, who in their opinion, willfully misbehaved or manhandled any other Member or Officer or employee of the Council or Corporation or destroyed the property of the Council or Corporation or used unparliamentary language or abused his position in the course of meetings of the Council or Corporation or during discharge of the official duties vested upon any Chairperson/Mayor or Vice-Chairperson/Deputy Mayor or Member or Officer or employee.
This Bill seeks to give effect to the above decision.
Section 1. Short title and commencement
1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Municipal Laws (Amendment) Act, 1999.
(2) It shall come into force on sue date as the State Government may, by notification, appoint.
Section 2. Amendment of Act VI of 1965
2. Amendment of Act VI of 1965.- In the Andhra Pradesh Municipalities Act, 1965 after section 59, the following section shall be inserted, namely:-
55-A. "Government's power to suspend Chairperson or Vice-Chairperson or Member.- (1) The Government may, other suo-motu or on a representation of a Chairperson or Vice-Chairperson or Member or Commissioner or employee of a Municipal Council, by notification in the Andhra Pradesh Gazette, suspend any Chairperson, or Vice-Chairperson or Member who, in their opinion, wilfully ??? or manhandled any other Member or Officer or employee of the Council or destroyed the property of the Council or used unparliamentary language or abused his position in the course of meetings of the Council or during the discharge or any duty vesting upon any Chairperson or Vice-Chairperson or Member or Officer or employee, so as to lead to a situation in which the Municipal Administration cannot be carried on in accordance with the provisions of this Act or the financial stability of the Council is threatened.
(2) The Government shall, before taking action under sub-section (1) give the Chairperson or Vice-Chairperson or Member, concerned an opportunity for explanation, and the notification issued under the said sub-section shall contain a statement of the reasons for the action taken by the Government.
(3) The Government may, suo-motu, or on an application made by the Chairperson or Vice-Chairperson or Member revoke the order of suspension issued under sub-section (1).".
Section 3. Amendment of Act II of 1956
3. Amendment of Act II of 1956.- In the Hyderabad Municipal Corporations Act, 1955, after section 679-A, the following section shall be inserted, namely:-
679-AA. "Government's power to suspend Mayor or Deputy Mayor or Member.- (1) The Government may, either suo-motu or on a representation of a Mayor or Deputy Mayor or Member or Commissioner or employee of the Municipal Corporation, by notification, in the Andhra Pradesh Gazette, suspend the Mayor or the Deputy Mayor or a Member, who in their opinion wilfully misbehaved or manhandled any other Member or Officer or employee of the Corporation or destroyed the property of the Corporation or used unparliamentary language or abused his position in the course of meetings of the Corporation or during the discharge of any duty vesting upon the Mayor or Deputy Mayor or any Member or Officer or employee, so as to ??? to a situation in which the Municipal Administration cannot be carried on in accordance with the provisions of this Act or the financial stability of the Council is threatened.
(2) The Government shall, before taking action under sub-section (1) give the Mayor or the Deputy Mayor or the Member concerned an opportunity for explanation, and the notification issued under the said sub-section (1) shall contain a statement of the reasons for the action taken by the Government.
(3) The Government may, suo-motu, or on an application made by the Mayor or the Deputy Mayor or the Member revoke the order of suspension issued under sub-section (1).".
Section 4. Application of the Act to the Visakhapatnam and Vijayawada Municipal Corporations and also to the A.P. Municipal Corporations Act, 1994, Andhra Pradesh
4. Application of the Act to the Visakhapatnam and Vijayawada Municipal Corporations and also to the A.P. Municipal Corporations Act, 1994, Andhra Pradesh.- The amendments made to the Hyderabad Municipal Corporations Act, 1955 by section 3, shall extend to and shall apply also to the Visakhapatnam and Vijayawada Municipal Corporations and also to other Corporations constituted under the Andhra Pradesh Municipal Corporations Act, (Act 25 of 1994)