Andhra Pradesh Municipal Laws (Second Amendment) Act, 1995*
| [Andhra Pradesh Act No. 25 of 1995] | [22nd April, 1995] |
An Act further to amend the Andhra Pradesh Municipalities Act, 1965. The Hyderabad Municipal Corporations Act, 1955 and the Andhra Pradesh Municipal Corporation Act, 1994.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty-sixth Year of the Republic of India es follows:-
* Rewired the Assent of the Governor on the 22nd April, 95. For Statement of objects & Reasons, please See the Andhra Pradesh Gazette Part IV-A, Extraordinary, dated 20-3-95 at Pages 10, 11 & 12.
1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Municipal laws (Second Amendment) Act, 1995.
(2)(i) Sub-clause (2) of clause 2, sub-clauses (21) and (22) of clause 3 and sub-clause (2) of clause 4 shall be deemed to have come into force with effect from the 10th March, 1995;
(ii) sub-clauses (2) to (18) and (20) of clause 3 shall be deemed to have come into force with effect from the 16th February, 1995;
(iii) sub-clause (3) of clause 4 shall be deemed to have corns into force with effect from the 6th February, 1995; and
(iv) sub-clause (3) of clause 2 and sub-clause (19) of clause 3, shall come into force with effect from the 1st April, 1995.
(v) the remaining provisions shall come into force with immediate effect.
2. Amendment of Act VI of 1965.- In the Andhra Pradesh Municipalities Act, 1965,
(1) in section 5, in the proviso to clause (vi), for the words, "with the right to vote", the words "without right to voto" shall be substituted.
(2) in section 25, in sub-section (2), for the words "The Ex-office members shall be entitled to participate", the words "The ex-officio, members other than the ex-officio members specified in clause (v) of sub-section (2) of section 5 shall be entitled to participate" shall be substituted.
(3) in section 62-A, in sub-section (1), in the proviso for the words "In the aggregate exceed three years", the words in the aggregate exceed three and half years", shall be substituted.
3. Amendment of Act II of 1956.- In the Hyderabad Municipal Corporations Act, 1955,
(1) in section 5, in the proviso to sub-section (1C), for the words "with the right to vote", the words "without right to vote" shall be substituted.
(2) in section 7, in sub-section (1), the words "by the Commissioner" shall be omitted.
(3) in section 16, for the word "Government", wherever it occurs, the words "State Election Commissioner" shall be substituted;
(4) in section 24, for the word "Government", the words "State Election Commissioner" shall be substituted and the words "on such date or dates as may be recommended by the Commissioner" shall be omitted;
(5) in section 25, for the word "Government", the word "State Election Commissioner" shall be substituted;
(6) in section 25A, for the word "Government" the words "State Election Commissioner" shall be substituted;.
(7) in section 26 in sub-section (1), for the word "Government", the words "State Election Commissioner" shall be substituted;
(8) in section 33 for the word "Commissioner", the words "Stats Election Commissioner" shall be substituted;
(9) in section 34, for the word "Commissioner", the words "Stats Election Commissioner" shall be substituted;
(10) in section 35, for the word "Government", the words "State Election Commissioner" shall be substituted;
(11) in section 36, in the proviso to sub-section (4) for the words "Commissioner", the words "State Election Commissioner" shall be substituted;-
(12) in section 37, for sub-section (1), the following sub-section shall be substituted, namely:
"(1) A candidate shall not be deemed to be duly nominated unless he deposits or causes to be deposited a sum of rupees five hundred in the case of the office of Mayor and rupees two hundred in the case of the of the office member.
(a) Where the candidate is a member of any of the Scheduled Castes or Scheduled Tribes the amount to be deposited by him or on his behalf shall be rupees two hundred and fifty only in the case of the office of Mayor and rupees hundred only in the case of office of the member.
(b) Where a candidate has boon nominated by mere than one nomination paper for election in the same ward not more than one deposit shall be required of him under this sub-section,";
(13) In section 53, for the word "Commissioner", the word "Commissioner and the State Election Commissioner" shall he substituted;
(14) in section 54 in sub-sections (3) and (4), for the word "Commissioner" wherever it occurs the words "State Election Commissioner" shall be substituted;
(15) in section 57 for the word "Commissioner" In two places where it occurs the words "State Election Commissioner" shall be substituted;
(16) in section 58 in sub-sections (2) and (3) for the word "Government" wherever it occurs the words "State Election Commissioner" shall be substituted;
(17) in section 59 in sub-sections (2) and (3) for the word "Government" the words "State Election Commissioner" shall be substituted;
(18) in section 66 for the word "Commissioner" the words "Commissioner and the State Election Commissioner" shall be substituted;
(19) in section 70G in sub-section (1), in the proviso, for the words "in the aggregate exceed four years the words "in the aggregate exceed four and half years" shall be substituted;
(20) in section 87 in sub-section (1) for the word "Commissioner" the words "State Election Commissioner" should be substituted;
(21) in section 90A in sub-section (2) for the words "The Ex-officio members shall be entitled to participate" the words "The Ex-officio members other than the ex-officio members specified in sub-section (1B) of section 5 shall be entitled to participate shall be substituted;
(22) in section 673-A,-
(a) for the word "member" wherever it occurs, the words "Mayor/member" shall be substituted;
(b) in the marginal heading for the word "members", the words "Mayor/members" shall be substituted.
4. Amendment of Act 25 of 1994.- In the Andhra Pradesh Municipal Corporations Act, 1994,
(1) in section 5, in the proviso to clause (vi), for the words "with the right to vote", the words "without right to vote" shall be substituted.
(2) In section 9-A, in sub-section (2), for the words "The ex-officio members shall be entitled to participate" the words "The ex-officio members other than the ex-officio members specified in clause (v) of section 5, shall be entitled to participate" shall be substituted.
(3) after section 14, the following section shall be inserted namely:-
14-A. "General provision for reservation of office of Mayor in the Corporations of the State.- Notwithstanding anything contained in sub-section (2) of section 1 of this Act, out of the total number of offices of Mayor of the Corporations constituted either under this Act or under any other law relating to Municipal Corporations for the time being in force in the State, the Government shall, subject to such rules as may be prescribed, by notification reserve,-
(i) such number of offices to the Scheduled Castes and scheduled Tribes as may be determined subject to the condition that the number of offices so reserved shall bear as nearly as may be the same proportion to the total number of offices to be filled in the State as the population of the Scheduled Castes or Scheduled Tribes as the case may be in all the Corporations of the State bears to the total population in the Corporations of the State and such offices may be allotted by rotation to different Corporations in the State;
(ii) one-third of the offices to the Backward Classes and such offices may be allotted by rotation to different Corporations in the State;
(iii) not less than one-third of the total number of offices reserved under clauses (i) and (ii) for women belonging to the Scheduled Castes Scheduled Tribes or as the case may be the Backward Classes; and
(iv) not less than one-third (including the number of offices reserved for women belonging to the Scheduled Castes Scheduled Tribes and the Backward Classes) of the total number of offices to be filled in the State for women and such offices may be allotted by rotation to different Corporations in the State.".
5. Application of section 3 to other Municipal Corporations.- The amendments made to the Hyderabad Municipal Corporations Act, 1955,
(i) by section 3 shall extend to and shall apply also to the Visakhapatnam and Vijayawada Municipal Corporations; and
(ii) by section 3 other than sub-sections (1) and (21) thereof shall extend to and shall apply also to other Corporations constituted under the Andhra Pradesh Municipal Corporations Act, 1994;
(iii) the amendment made by section 6 shall apply to such of the municipalities for which elections could not be held within a period of one year from the date of the commencement of the Andhra Pradesh Municipal Laws (Second Amendment) Act, 1994 (Act 25 of 1994) and to the Hyderabad Municipal Corporation.
6. 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 one year" the words "not exceeding one year and six months" shall be substituted.
7. Repeal of Ordinance Nos. 5, 6 and 8 of 1995.- The Andhra Pradesh Municipal Corporations (Amendment) Ordinance 1995, the Hyderabad Municipal Corporations (Amendment) Ordinance, 1995 and the Andhra Pradesh Municipal Laws (Amendment) Ordinance, 1995 are hereby repealed.