Preamble
Andhra Pradesh Municipal Laws (Amendment) Act, 20011
| [Andhra Pradesh Act No. 8 of 2001] | [2nd April, 2001] |
An Act further to amend the Andhra Pradesh Municipalities Act, 1965 and the Andhra Pradesh Municipal Laws (Second Amendment) Act, 1994
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty-second year of the Republic of India as follows:-
SOR Statement of Objects and Reasons
STATEMENT OF OBJECTS AND REASONS
According to section 62-A of the Andhra Pradesh Municipalities Act, 1965, the term of a Special Officer appointed there under shall not exceed one year from the date of such appointment and the State Government may from time to timer by notification in the Andhra Pradesh Gazette, and for reasons specified therein extend the said period of appointment of Special Officer beyond one year, for a further period or periods so however that the period of appointment shall not, in aggregate exceed nine and half years.
2. The term of the present Special Officers of left over Municipalities expire by 26th March, 2001 in accordance with the said provisions of the Act.
3. The State Election Commission has issued notification to conduct elections to Hindupur and Tirupathi Municipal Councils on 29-6-1998 along with the left over and casual vacancies in the Municipalities. However, the elections to the Hindupur and Tirupathi Municipalities could not be held due to stay orders of High Court and the matter is still pending.
4. Therefore, in order to have continuity in the office of the post of Special Officers to the left over Municipalities, without any break and to give effect, it has been decided to empower the Government to extend the term of the Special officers to the left over Municipalities for a further period of one year by amending relevant provisions of the Andhra Pradesh Municipalities, 1965 and the Andhra Pradesh Municipal Laws (Second Amendment) Act, 1994, suitably.
5. As the Legislative Assembly of the State was not then in session having been prorogued and it was considered necessary to give effect to the above decision immediately, the Andhra Pradesh Municipal Laws (Third Amendment) Ordinance, 2000 (A.P. Ordinance No. 11 of 2000) has been promulgated by the Governor on the 15th October, 2000 for extending the term of the Special Officer for a period of six months.
6. The Government have, now decided to amend sub-section (i) of section 62-A of the Andhra Pradesh Municipalities Act, 1965 to extend the term of Special Officers of Hindupur and Tirupathi Municipalities for a further period of one year beyond 27-9-2000 in order to have continuity in the Office of the post of Special Officers of the said Municipalities, for which election could not be held due to stay orders of the High Court.
7. This Bill seeks to replace the said Ordinance and 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, 2001.
(2) It shall be deemed to have cane into force on and from the 27th September, 2000.
Section 2. Amendment of Section 62-A
2. Amendment of Section 62-A.- In the Andhra Pradesh Municipalities Act, 1965 (Act VI of 1965) (hereinafter referred to as the principal Act), in section 62-A, in sub-section (1),-
(i) for the words "which shall not exceed four and half years", the words "which shall not exceed five ann half years", shall be substituted;
(ii) in the proviso, for the words "beyond four and half years", the words "beyond five and half years", and for the words "in the aggregate exceed eight and half years", the words "in the aggregate exceed nine and half years", shall respectively be substituted.
Section 3. Validation
3. Validation.- Notwithstanding anything contained in the Principal Act, any Judgment, decree or order of a Court, or any other authority, every action taken or thing done by the Special officer in exercise of the powers conferred under section 62-A or the principal Act shall not be deemed to be invalid or ever to have become invalid by reason of the fact that such actions were taken or such things were done by such Special Officer, when the power in this behalf had not been entrusted to him under the provisions of the said principal Act, and accordingly, any action taken or things done by such special Officer, shall for all purposes be deemed to be and deemed to have always been, taken or done in accordance with the provisions of the principal Act, as amended by this Act.
Section 4. Amendment of Section 5
4. Amendment of Section 5.- In the Andhra Pradesh Municipal Laws (second Amendment) Act, 1994 (Act 17 of 1994), in Section 5 for the words "not exceeding six and half years" the words "not exceeding seven and half years" shall be substituted.
Section 5. Repeal of Ordinance 11 of 2000
5. Repeal of Ordinance 11 of 2000.- The Andhra Pradesh Municipal Laws (Third Amendment) Ordinance, 2000 is hereby repealed.