| [Andhra Pradesh Act No. 5 of 1999] | [25th March, 1999] |
An Act Further to Amend the Andhra Pradesh Municipalities Act, 1965*
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fiftieth year of the Republic of India as follows:-
* Received the assent of the Governor in the 25-3-1999. For statement or objects and reasons please see the Andhra Pradesh Gazette, Part IV-A, Extraordinary, dt. 26-11-1998 at page 4.
The following Act of the Andhra Pradesh Legislative Assembly received the assent of the Governor on the 25th March, 1999 and the said assent is hereby first published on the 30th March, 1999 in the Andhra Pradesh Gazette for general information:-
STATEMENT OF OBJECTS AND REASONS
According to section 5(2)(ii) of Andhra Pradesh Municipalities Act, 1965, a Member of the Legislative Assembly representing a constituency which comprises, more than one Municipality including a part of any Municipality, shall be ex-officio member of one such Municipality which he chooses with voting right and shall have the right to speak in or take part in the proceedings of the other Councils within the Constituency but not entitled to vote at any such meeting. The same holds good in respect of a Member of the House of the people under Section 5(2)(iii).
As no time limit was fixed in the said provisions to choose a Municipality, the Members of Legislative Assembly or Members of the House of the People are taking their own time resulting in the Municipal Councils transacting business in the absence of Ex-officio Members.
After careful examination, the Government have felt it desirable to fix a time limit of thirty days from the date of conduct of ordinary elections to the Municipalities or the date of election to the Assembly or the House of the People, as the case may be, to choose a Municipality, if there are more than, one Municipality in the Constituency represented by the Member of the Legislative Assembly or as the case may be, Members of the House of the people concerned by giving, a notice in writing to the Commissioner. It is also decided to make the intimation once made as irrevocable and in default of such intimation, the Election Authority shall be empowered to decide the Municipality to which the Member of Legislative Assembly or as the case may be the Member of the House of the People shall be ex-officio Member and to inform the same to such member. The Government have accordingly decided to amend section 5(2)(ii) and (iii) of the Andhra Pradesh Municipalities Act, 1965 suitably by substituting new provisos.
This Bill seeks to give effect to the above decisions.
1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Municipalities (Amendment) Act, 1999.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Amendment of section 5.- In the Andhra Pradesh Municipalities Act, 1965 (Act of 1965) in section 5, in sub-section (2),-
(a) in clause (ii), for the proviso, the following proviso shall be substituted, namely:-
"Provided that a Member of the Legislative Assembly representing a Constituency which comprises more than one Municipality including a part of any Municipality, shall be ex-officio member of one such Municipality, which he chooses within a period of thirty days from the date of conduct of ordinary elections to the Municipalities or the date of election as Member of the Legislative Assembly by notice in writing duly signed by him and delivered to the Commissioner of that Municipality or Hagar Panchayat and he shall also have the right to speak in and otherwise take part in the proceedings of any meeting of the other Councils comprised within the Constituency, but shall not be entitled to vote at any such meeting. The intimation so given shall be final and irrevocable. In default of such intimation within the aforesaid period, the Election Authority shall decide the Municipality and inform the Member of the Legislative Assembly.".
(b) in clause (iii), for the proviso, the following proviso shall be substituted, namely:-
"Provided that a Member of the House of the People representing a Constituency which comprises more than one Municipality including a part of any Municipality, shall be ex-officio member of one such Municipality, which he chooses, within a period of thirty days from the date of conduct of ordinary elections to the Municipalities or the date of election as Member of the House of the People by notice in writing duly signed by him and delivered to the Commissioner of that Municipality or Nagar Panchayat and he shall also have the right to speak in and otherwise take part in the proceedings of any meeting of the other Councils comprised within the Constituency, but shall not be entitled to vote at any such meeting. The intimation so given shall be final and irrevocable. In default of such intimation within the aforesaid period, the Election Authority shall decide the Municipality and inform the Member of the House of the People."