Andhra pradesh act 033 of 2001 : Andhra Pradesh Municipal Laws (Third Amendment) Act, 2001

Preamble

Andhra Pradesh Municipal Laws (Third Amendment) Act, 20011

[Andhra Pradesh Act No. 33 of 2001][27th September, 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:-

1 The following Act of the Andhra Pradesh Legislative Assembly received the assent of the Governor on the 27th September, 2001 and the said assent is hereby first published on the 27th September, 2001 in the Andhra Pradesh Gazette for general information:-

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 Special Officer appointed thereunder shall not exceed one 1 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 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 September, 2001 in accordance with the said provisions of the Act.

3. The State Election Commission has issued notification to conduct elections to Hindupur and Tirupati Municipal Councils on 29-6-1998 along with the left over and casual vacancies in the Municipalities. However, the elections to the Hindupur and Tirupati Municipalities could not be held due to stay orders of High Court and the matter is still pending.

4. Therefore, in order to have contr city in the office of the post of Special Officers to the left over Municipalities, without any break and to give effect, it has been ??? to empower the Government to extend the to me of the Special officers to the left over Municipalities for a further period of six months by amending relevant provisions of the Andhra Pradesh Municipalities Act, 1955 and the Andhra Pradesh Municipal Laws (Second Amendment) Act, 1994 suitably.

5. The Government have now decided to amend Sub-section (1) 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 six months beyond 27th September/2001 in order be 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.

6. This Bill seeks to give effect to the above decision.

Section 1. Short title

1. Short title.- This Act may be called the Andhra Pradesh Municipal Laws (Third Amendment) Act, 2001.

Section 2. Amendment of section 62-A

2. Amendment of section 62-A.- In the Andhra Pradesh Municipalities Act, 1965 (Act VI of 1965), in Section 62-A, in Sub-section (1),-

(i) for the words "which shall not exceed five and half years", the words "which shall not exceed six years", shall be substituted;

(ii) in the proviso, for the words "beyond five and half years", the words "beyond six years", and for the words, "in the aggregate exceed nine and half years", the words "in the aggregate exceed ten years", shall respectively be substituted.

Section 3. Amendment of section 5

3. 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 seven and half years", the words "not exceeding eight years", shall be substituted.

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