Andhra Pradesh Municipalities (Second Amendment) Act, 20021
| [Andhra Pradesh Act No. 19 of 2002] | [7th August, 2002] |
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 Fifty third 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 7th August, 2002 and the said assent is hereby first published on the 9th August, 2002 in the Andhra Pradesh Gazette for general information
STATEMENT OF OBJECTS AND REASONS
According to proviso under sub-section (2) of section 7 of the Andhra Pradesh Municipalities Act, 1965 empowers the Government to appoint a Special Officer for a period of one year for the newly constituted Municipal Councils to exercise the powers, discharge the duties and perform the functions of the Council. The Special Officer so appointed shall cause arrangements for election to be made so that the Chairperson and the elected member may come into Office. The said term of the one year was raised to one and half year through the Andhra Pradesh Municipalities (Amendment) Act, 2002 (Act 9 of 2002) with retrospective effect from 23rd November, 2001. The election to the Palasa-Kasibugga Municipal Council which is a newly constituted Municipality could not be held due to revision forwards division and the revision was sub-sequently completed. An election Notification for Palasa-Kasibugga Municipal Council was issued by the State Election Commission on 16-3-2002. After issue of the said Notification, Sri T. Krishna Rao and another residents of Palasa have approached the Hon'ble High Court in W.P.M.P. No. 6010 of 2002 and their prayer is to stay all further proceedings including the proposed conduct of elections of the Palasa Kasibugga Municipal Council, Srikakulam District pending disposal of W.P. No. 4814 of 2002. On which the Hon'ble High Court directed the concerned not to conduct elections. As per the High Court directions election to the Palasa-Kasibugga Municipal Council could not be held. Necessary steps have already been taken to vacate the stay orders in consultation with the Government Pleader for General Administration Department in order to conduct the elections. According to proviso to the sub-section (2) of Section 7 of the A.P. Municipalities Act, 1965, the term of special officer will continue up to 23-5-2002. Within the said date the election process could not be completed in view of the interim orders of the High Court. Therefore, it is necessary to extend the term of Special Officer of the Palasa-Kasibugga Municipality for a further period of six months from 24-5-2002 to 23-11-2002. Subsequently stay has been vacated and action is being taken to conduct the elections by the Director of Municipal Administration/State Election Commission.
As the Legislative Assembly was not then in session having been prorogued and in order to have continuity of the office of the Special Officer in the above said Municipality it has been decided to extend the term of the Special Officer for a further period of six months, the A.P. Municipalities (Second Amendment) Ordinance, 2002 (A.P. Ordinance 2 of 2002) has been promulgated by the Governor on the 21st May, 2002 which has been published in Part IV-B, Extraordinary of the Andhra Pradesh Gazette dated the 22nd May, 2002.
This Bill seeks to replace the above said Ordinance.
1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Municipalities (Second Amendment) Act, 2002.
(2) It shall be deemed to have come into force on the 2nd May, 2002.
2. Amendment of section 7.- In the Andhra Pradesh Municipalities Act, 1965 (Act VI of 1965), in section 7, in sub-section (2), in the proviso for the words "within a period of one and half years", the words "within a period of two years"; shall be substituted.
3. Repeal of Andhra Pradesh Ordinance 2 of 2002.- The Andhra Pradesh Municipalities (Second Amendment) Ordinance, 2002, is hereby repealed.