Preamble
Andhra Pradesh Municipal Laws (Third Amendment) Act, 20001
| [Andhra Pradesh Act No. 33 of 2000] | [30th September, 2000] |
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-first 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 thereunder shill not exceed one year from the date of such appointment and the State Government may from time to time, 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 ??? or ??? however that the period of appointment shall not, in aggregate exceed six and half years.
The ??? of the present Special Officers of eleven ??? over Municipalities expired by 27th September, 1998 and 30th November, 1996 in accordance with the said provisions of the Act.
Government have issued orders vide G.O.Ms. No. 189, M.A., dated 20-04-1999 to merge 9 surrounding Municipalities and ??? Gram Panchayat in the Municipalities Corporation of Hyderabad so as to form Greater Hyderabad. The said orders are saved by the High Court of Andhra Pradesh. Government have with ??? the said proposal and issued orders to that effect vide G.O.Ms. No. 67, M.A., dated 02-02-2000 and conducted elections to the surroundings Municipalities with regard to conduct of elections to ??? and ??? Municipal Councils, the State Election Commission has issued notification to conduct elections on 29-06-1998 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.
Therefore, in order to have continuity in the office of the post of Special Officer 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 Officer to the eleven left over Municipalities for a further period of one and half (1½) years by amending relevant provisions of the Andhra Pradesh Municipalities Act, 1963 and the Andhra Pradesh Municipal Laws (Second Amendment) Act, 1994, suitably.
As the Legislative Assembly of the ??? in session having been prorogued and in was considered necessary to give effect to the above decision ???, the Andhra Pradesh Municipal Laws (Second Amendment) ???, 2000 was promulgated by the Governor on the February, 2000.
The Government have now decided to exceed the Special Officers of Hindupur and Tirupathi Municipalities for a further period of two years beyond 27-9-1999 for which election could not be held due to stay orders of the High Courts.
This sill seeks to replace the said Ordinances and no ??? effect to the above decision.
Section 1. Short title and commencement
1. Short title and commencement.- (1) This Act say be called the Andhra Pradesh Municipal Laws (Third Amendment) Act, 2000.
(2) It shall be deemed to have come into force on and from the 27th September, 1998.
Section 2. Amendment of section 62-A
2. Amendment of section 62-A.- In the Andhra Pradesh Municipalities Act, 1965 (hereinafter referred to as the principal Act), in section 62-A, in sub-section (1),-
(i) for the words "which shall not exceed two and half years", the words "which shall not exceed four and half years", shall be substituted;
(ii) in the proviso, for the words "beyond two and half years", the words "beyond four and half years", and for the words "in the aggregate exceed six and half years", the words "in the aggregate exceed eight 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 of 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 thing 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 four and half years", the words "not exceeding six and half years", shall be substituted.
Section 5. Repeal of Ordinance 4 of 2000
5. Repeal of Ordinance 4 of 2000.- The Andhra Pradesh Municipal Laws (Second Amendment) Ordinance, 2000 is hereby repealed.