Preamble
Andhra Pradesh Municipalities (Third Amendment) Act, 1999*
| [Andhra Pradesh Act No. 10 of 1999] | [15th April, 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 Tear of the Republic of India, as follows:-
SOR Statement of Objects and Reasons
STATEMENT OF OBJECTS AND REASONS
According to G.O.Ms. No. 220, M.A. & U.D. Departure, dated 30-1-1998, the District Selection Committee constituted under rule 3 of the Rules issued in G.O.Ms. No. 221, Education (Ser. III) Department, dated 16-7-1994 shall conduct recruitment to the teacher posts in the schools maintained by the Municipalities as per the procedure mentioned therein and names of the selected candidates shall be sent to the concerned Municipalities for issuance of appointment orders. The said rules were framed by invoking the provisions of the Andhra Pradesh Education Act, 1932 and the Andhra Pradesh Panchayat Raj Act, 1994 but not invoking the provisions of the Andhra Pradesh Municipalities Act, 1965.
The Andhra Pradesh High Court in its order dated 24-6-1999 in W.P.M.P. No. 18969/98 in W.P. No. 19902/96 filed by the President, the Andhra Pradesh Chamber of Municipal Chairman has suspended rule 3 of the rules issued by the Government in G.O.Ms. No. 221, Education (Ser. III) Department, dated 16-7-1994 in so far as the posts relating to the Municipalities are concerned, as it is in violation of section 74 of the Andhra Pradesh Municipalities Act, 1965 and article 243-W and Schedule 12, item-13 of the Constitution.
In view of the interim orders of the High Court, the rules issued in G.O.Ms. No. 220, M.A. & U.D. Department, dated 30-4-1998, and the Selection Committee constituted under rule 3 of G.O.Ms. No. 221, Education (Ser. III) Department, dated 16-7-1994 are not in tune with the provision of section 74 of the Andhra Pradesh Municipalities Act, 1955 and therefore Government have decided to amend the section 74 of the said Act, suitably and frame fresh rule.
As the Legislative Assembly of the State was not then in Session having been prorogued and as it has been decided to give effect to the above decision immediately, the Andhra Pradesh Municipalities (Amendment) Ordinance 1999, (A.P. Ordinance 2 of 1999) has been promulgated by the Governor on the 6th February, 1999 and published it on the same date.
This Bill seeks to replace the said Ordinance.
Section 1. Short title and commencement
1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Municipalities. (Third Amendment) Act, 1999.
(2) It shall be deemed to have come into force with effect from the 6th February, 1999.
Section 2. Amendment of section 74
2. Amendment of section 74.- In the Andhra Pradesh Municipalities Act, 1965 (Act VI of 1965), in section 74,-
(i) in the second proviso, for the words "to all the other posts the pay or maximum pay", the words "to all the other posts except all categories of posts of teachers the pay or the maximum pay", shall be substituted; and
(ii) after the second proviso, the following proviso shall be added, namely:-
"Provided also that appointment to all categories of posts of teachers shall be made as per the procedure prescribed by the Government from time to time."
Section 3. Report of Ordinance 2 of 1999
3. Report of Ordinance 2 of 1999.- The Andhra Pradesh Municipalities (Amendment) Ordinance, 1999 is hereby repealed.