Andhra pradesh act 005 of 1995 : Andhra Pradesh Panchayat Raj (Amendment) Act, 1995

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh panchayat Raj (Amendment) Act, 1995.

(2) It shall be deemed to have come into force with effect from the 30th December, 1994.

Section 2. Amendment of section 2

2. Amendment of section 2.- In the Aadhra Pradesh panchayat Raj Act, 1994 (Act 13 of 1994) (hereinafter referred to as the principal Act), in section 2, in clause (2), the Explanation shall be omitted.

Section 3. Amendment of section 9

3. Amendment of section 9.- In Section 9 of the principal Act,-

(A) in sub-section (1),-

(i) clause (b) shall be omitted;

(ii) in clause (c), for the expression "clause (a) and (b) the expression" clause (a) and sub-section (1A) shall be substituted;

(B) after sub-section (1), the following sub-section shall be inserted, namely:

"(1A) In addition to the reservation of seats under sub-section (1) there shall be reserve for the Bachward Classes such a number of seats as may be allocated to them each Gram Panchayat in the manner prescribed; so however that the number of offices of members of Gram Panchayats in the State reserved for Backward Classes shall not be less than thirty-four percent of the total number of offices of the numbers of Gram Panchayats in the State. The number of seats allocated to each Gram Panchayat shall be allotted by rotation to different words in the Gram-Panchayat;

Provided that it shall be competant for the Government to make special provision with regard to the manner and quantum of seats to be reserved for Backward Classes in the Gram Panchayats situated in the Scheduled areas, by rules made in this behalf.

(C) in sub-section (2) for the expression "sub-section (1) the expression "sub-section (1) and (1A)" shall be substituted.

Section 4. Amendment of section 15

4. Amendment of section 15.- Section 15 of the principal Act shall be numbered as sub-section (1) thereof and in sub-section (1) as so numbered,

(i) clause (b) shall be omitted;

(ii) in clause (c) for the expression "clauses (a) and (b)", the expression "clauses (a) and sub-section (2)" shall be substituted;

(iii) after sub-section (1), the following sub-section shall be inserted, namely:-

"(2) In addition to the reservation of offices of Sarpanch under sub-section (1), there shall be reserved for the Backward Classes such number of Offices of Sarpanch as may be allocated to them in each Mandal in the manner prescribed so however, that the number of Offices or Sarpanch as in the State reserved for Backward Classes shall not be less than thirty-four percent of the total number of offices of Sarpanshas of Gram Panchayats in the State. The number of offices of Sarpanchas allocated for reservation to each Mandal shall be allotted by rotation to different Gram Panchayats in the Mandal:

Provided that it shall be competent for the Government to make special provision with regard to the manner and quantum of seats to be reserved for Backward Classes in the Gram Panchayats situated in the Scheduled areas, by rules made in this behalf."

Section 5. Amendment of section 19

5. Amendment of section 19.- In Section 19 of the Principal Act, in sub-section. (2), clause (f), the words "managing agent" shall be omitted.

Section 6. Amendment of section 152

6. Amendment of section 152.- In section 152 of the principal Act.

(A) In sub-section (1),-

(i) clause (b) shall be omitted;

(ii) in clause (c), for the expression "clauses (a) and (b)", the express;on "clause (a) and sub-section (1A)" shall be substituted;

(B) after sub-section (1), the following sub-section shall be inserted, namely:-

"(IA) In addition to the reservation of seats under sub-section (1), there shall be reserved for the Backward Classes such a number of seats as may be allocated to them in each Mandal Parishad in the manner prescribed; so however that the number of offices of members of Mandal Parishads in the State reseved for Backward Classes shall not be less than thirty-four per cent of the total number of offices of the members of Mandal Parishads in the State. The number of seats allocated to each Mandal Parishad shall be allotted by rotation to different territorial constituencies in the Mandal Parishad:

Provided that it shall be competent for the Government to make special provisions with regard to the manner and quantum of seats to be reserved for Backward Classes in the Mandal Parishad situated either wholly or partly in the scheduled areas, by rules made in this behalf.";

(C) in sub-section (2), for the expression "sub-section (I)", the exepression "Sub-Section (1) and (IA)" shall be substituted.

Section 7. Amendment of section 153

7. Amendment of section 153.- In section 153 of the principal Act,

(A) in sub-section (1),-

(i) for the expression "elected by and from among the elected members specified in clause (1) of suction 149 in the prescribed manner.", the expression elected by and from among the elected members specified in clause (i) of sub-section (1) of section 149 by show of hands duly obeying the party whip given by such fanctionary of the recognised political party as may ‘be prescribed." shall be substituted;

(ii) after the proviso, the following shall be added, namely:-

"Provided further that a member voting under this sub-section in dis-obedience of the party whip shall cease to hold office forthwith and the vacancy caused by such cessation shall be filled as a casual vacancy.";

(B) in sub-section (2),-

(i) clause (b) shall be omitted;

"(ii) in clause (c) for the expression" clauses (a) and (b)" the expression "clause (a) and sub-section (2A)" shall be substituted;

(iii) after sub-section (2), the following sub-section shall be inserted, namely;-

"(2A) In addition to the reservation of offices of President under sub-section (1), there shall be reserved for the Backward-Classes such number of offices of President as may be allocated to them in cach district in the manner prescribed; so however, that the number of Offices of Presidents in the State reserved for Backward Classes shall not be less than thirty-four percent of the total number of aces of presidents of Mandal Parishads in the State. The number of offices of Presidents allocated for reservation to each district shall be allotted by rotation to different Mandal Parishads in the district.".

Section 8. Amendment section 158

8. Amendment section 158.- In section 158 of the principal Act, for the words "and the Presidents of the ??? Marketing Committees" the words "the member of the Zilla Parishad specified in clause (i) of sub-section (3) of section 177 elected from the Mandal concerned, the Chairman, Zilla Parishad, and the President of Agricultural Marketing Committee", shall be substituted.

Section 9. ??? of Section 180

9. ??? of Section 180.- In section 180 of the principal Act,-

(A) in sub-section (1),-

(i) clause (b) shall be omitted;

(ii) in clause (c), for the expression "clauses (a) and (b)" the expression "clause (a) and sub-section (IA)" shall be substituted;

(B) after sub-section (1), the following sub-section shall be inserted, namely;-

(1A) In addition to the reservation of seats under sub-section (1) there shall be reserved for the Backward Classes such a number of seats as may be allocated to them in each Zilla Parishad in the manner prescribed; so however that the number of offices of members of Zilla Parishad in the State reserved for Backward Classes shall not be less than thirty-four percent of the total number of offices of the members of Zilla Parishad in the State. The number of seats allocated to each Zilla Parishad shall be allotted by rotation to different territorial constituencies in the Zilla-parishads"

(C) in sub-section (2), for the expression "sub-section (I)" the expression "sub-sections (1) and (1A) shall be substituted.

Section 10. Amendment of section 181

10. Amendment of section 181.- In section 181 of the principal Act,-

(A) in subjection (1),-

(i) for the expression "elected by and from among the elected members specified in clause(i) of sub-section (3) of section 177 in the prescribed manner" the expression elected by and from among the elected members specified clause (i) of sub-section (3) of section 177 by show of hands duly obeying the party whip given by such functionary of the recognised political party as may be prescribed" shall be substituted;

(ii) after the provision the following shall be added namely;-

Provided further that a number voting under this sub-section in disobedience of the party whip shall case to hold office forthwith and the vacancy caused by such cessation shall be filled as casual vacancy,

(B) for sub-sections (2) and (3) the following shall be substituted namely:-

"(2) Out of the total number of offices of Chairman in the State, the Commissioner shall, subject to such rules as may be prescribed, by notification reserve,-

(a) such number of offices to the members belonging to Scheduled Castes and Scheduled Tribes as may be determined by him, subject to the condition that the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices to be filled in the State as the population of the Scheduled Castes or as the case may be, the Scheduled Tribes in the State bears to the total population of the State and such offices may be allotted by rotation to different Zilla Parishad in the State in the manner prescribed;

(b) thirty four percent of the total number of such offices of Chairmen in the State for backward classes; and such offices may be allotted by rotation to different Zilla Parishads in the State in the manner prescribed;

(c) not less than one-third of the total number of offices reserved under clauses (a) and (b) for women belonging to the Scheduled Castes Scheduled Tribes or as the case may be the backward classes; and

(d) not less than one-third (including the number of offices reserved for women belonging to Scheduled Castes, Scheduled Tribes and the backward classes) of the total number of offices to be filled in the State for women and such offices may be allotted by rotation to different Zilla Parishads in the State in the manner prescribed."

Section 11. Amendment of section 187

11. Amendment of section 187.- In Section 187 of the principal Act, in sub-section (2), for the words "as may be nominated by the Chairman", the words' as may be elected from among the members of the Zilla Parishad shall be substituted.

Section 12. Amendment of section 202

12. Amendment of section 202.- In Section 202 of the principal Act, for the proviso before the Explanation, the following shall be substituted, namely:-

"Provided that the State Election Commission shall not in the case of elections to Gram Panchayats allot to any contesting candidate any symbol reserved for a recognised political party but in the case of elections to Mandal Parishads and Zilla Parishads, the State Election Commission shall allot symbols including the symbols reserved for a recognised political party, where any candidate is set up by such political party."

Section 13. Insertion of new section 202-A

13. Insertion of new section 202-A.- After section 202 of the principal Act, the following section shall be inserted, namely:-

202A. Reservations to backward classes.- For the purpose of reserving the offices of Sarpanch, President and Chairman and members of the Gram Panchayats Mandal Parishads and Zilla Parishads to the members belonging, to the backward classes under this Act, the population figures of the backward classes, gathered in the Socio-Economic Survey Survey conducted by the Andhra Pradesh Backward Classes Co-operative Finance Corporation Limited, Hyderabad, shall be taken as the basis.".

Section 14. Amendment of section 268

14. Amendment of section 268.- In section 268 of the principal Act, in sub-section (2), Clause (ii) shall be omitted.

Section 15. Amendment of Schedule II

15. Amendment of Schedule II.- In Schedule II to the principal Act, for item 4, the following items shall be substituted, namely:-

"4. Health and Rural Sanitation.

(i) Expanding existing medical and health services and bringing them within the reach of people.

(ii) Establishing and maintaining Primary Health Centres and Maternity Centres.

(iii) Providing protected drinking water facilities.

(iv) Ensuring systematic vaccination.

(v) Controlling epidemics.

(vi) Providing drains and soakage pits for village and house drainage.

(vii) Encouraging the use of sanitary type of latrines and utilising human waste.

(viii) Popularising of smokeless chullas.

(ix) Supervising the work in Government Hospitals.

(x) Enlisting people's participation for the improvement of such hospitals.

(xi) Securing the co-operation of the people and the panchayats during epidemics.

(xii) Carrying out environmental Sanitation campaigns and educating the public in (a) nutrition (b) maternity and Child health (c) Communicable diseases and (d) family planning and the like.

(xiii) Implementing health programme subject to the technical control of concerned district officers.

5. Education

Maintenance and expansion to Elementary and Basic Schools and in particular.-.

(i) management of Government and taken over Aided Elementary and Higher Elementary Schools;

(ii) establishment of Adult Education Centres and Adult Literacy Centres;

(iii) provision and improvement of accommedation for schools with people's participation;

(iv) conversion of existing Elementary Schools into Basic Schools; and

(v) taking of such action as may be necessary for the promotion of education for all children until they complete the age of fourteen years.

6. Social Education.

The creation of a new outlook among the people and making them self-reliant, hard working and responsive to community action and in particular-

(i) establishment of information community and recreation centre;

(ii) establishment of Youth Organisation, Mahila Mandals, Farmer clubs and the like;

(iii) establishment and popularization of libraries;

(iv) organisation of watch and Ward;

(v) encouragement of physical and cultural activities;

(vi) organisation of voluntary sanitary squads;

(vii) training and utilisation of the services of Gram Sahayaks

7. Communication

(i) Formation and maintenance of inter village roads;

(ii) Rendering such assistance as may be necessary for the formation and maintenance of village Roads which serve as feeders.

8. Co-operation:

The scouring of economic development along democratic lines by the application of co-operation in its infinitely varying forms and in particular,-

(i) establishment of Co-operative Credit industrial, Irrigation Farming and Multipurpose Societies in order to serve maximum number of families.

(ii) encouragement of thrift and small Saviags

9. Cottage Industries.

Development of Cottage, Village and Small Scale Industries in order to provide better employment opportunities and thereby raise the standard of living and in particular,-

(i) the establishment and maintenance of production-cum-training centres;

(ii) the improvement of the skills or artisans and craftsmen

(iii) the popularisation of improved implements and;

(iv) Implementation of schemes for the development of cottage Village and Small Scale Industries fine need by the Khadi and Village Industries commission and the All Indias Boards.

10. Women Welfare;

The implementation of schemes specially designed for Welfare of women and children and in particular the establishment of Women and Child Welfare Centres, Literacy Centres, Crafts and Dress making Centres and like.

11. Social Welfare;

(i) The management of hostels subsidised by Government for the benefit of Scheduled Tribes, Scheduled Castes and Backward Classes;

(ii) The implementation of Rural Housing Schemes;

(iii) The maintenance of diseased beggers and control of vagrancy;

(iv) The strengthening of Voluntary Social Welfare Organisations and Co-ordinating their activities;

(v) The propagation of temprance and prohibition; and

(vi) The removal of untouchability;

12. Emergency Relief.

Provision of emergency relief through voluntary efforts in case of distress owing to fires, floods, epidemics and other wide spread calamities.

13. Collection of Statistics:

Collection and compilation of such statistics as may be found necessary either by the Mandala Parishad, the Zilla Parishad or the Government.

14. Self-help Programme:

Formulation and execution of suitable programmes for stopping up production and for raising the incomes and standards of living for the improvement of sanitation and for the provision of amenities for the people.

15. Trusts:

Management of trusts for the furtherance of any purpose to which the funds of the Mandala Parishads may be applied.

Section 16. Repeal of ordinance 20 of 1994

16. Repeal of ordinance 20 of 1994.- The Andhra Pradesh Panchayat Raj (Amendment) Ordinance 1994 is hereby repealed.