Andhra pradesh act 011 of 2001 : Andhra Pradesh Municipal Laws (Second Amendment) Act, 2001

Preamble

Andhra Pradesh Municipal Laws (Second Amendment) Act, 20011

[Andhra Pradesh Act No. 11 of 2001][10th April, 2001]

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 Fifty second Year of the Republic of India, as follows:-

1 The following Act of the Andhra Pradesh Legislative Assembly received the assent of the Governor on the 10th April, 2001 and the said assent is hereby first published on the 11th April, 2001 in the Andhra Pradesh Gazette for general information:-

SOR Statement of Objects and Reasons

STATEMENT OF OBJECTS AND REASONS

In the meeting convened by the State Election Commission with the leaders of the political parties in the State in Connection with conduct of elections to the Local Bodies, the leaders of political parties unanimously requested to use Electronic Voting Machines in the elections to the Local Bodies. Accordingly, the State Election Commission addressed the Government to introduce the Electronic Voting Machines in the elections to Municipal Bodies.

On the careful examination of the proposal of State Election Commission, the Government have decided to amend the Andhra Pradesh Municipal ties Act, 1965 and Hyderabad Municipal Corporations Act, 1955 suitably in tune with the section 61-A of Representation of the peoples Act, 1951 so as to enable use of Electronic Voting Machines for conduct of elections to Municipal Bodies in the State.

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 (Second Amendment) Act, 2001.

(2) It shall come into force on such date as the State Government may, by notification appoint.

Section 2. Insertion of Section 28-E

2. Insertion of Section 28-E.- In the Andhra Pradesh Municipalities Act, 1965 (Act VI of 1965), after section 28-D, the following provision shall be inserted, namely:-

28-E. "Voting machines at elections.- Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such ward or wards as the State Election commission may, having regard to the circumstances of each case, specify.

Explanation:- For the purpose of this section, Voting machine means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine is used at any election.".

Section 3. Insertion of Section 60-A

3. Insertion of Section 60-A.- In the Hyderabad Municipal Corporations Act, 1955 (Act II of 1956), after section 60, the following provision shall be inserted, namely:-

60-A. "Voting machines at elections.- Nowithstanding anything, contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such ward or wards as the State Election Commission may, having regard to the circumstances of each case, specify.

Explanation:-For the purpose of this section, ‘Voting machine’ means any machine or appratus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.".

Section 4. Application of the Act to the Visakhapatnam and the Vijayawada Municipal Corporations and also to the A.P. Municipal Corporations Act, 1994

4. Application of the Act to the Visakhapatnam and the Vijayawada Municipal Corporations and also to the A.P. Municipal Corporations Act, 1994.- 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, 1994 (Act 25 of 1994).

SECTIONS