Preamble
Andhra Pradesh Panchayat Raj (Amendment) Act, 1998*
| [Andhra Pradesh Act No. 7 of 1998] | [12th January, 1998] |
An Act Further to Amend the Andhra Pradesh Panchayat Raj Act, 1994.
Whereas the provisions of Part IX of the Constitution of India relating to Panchayats are extended subject to such exceptions and modifications to the Scheduled Areas as referred to in clause (1) of article 244 of the Constitution of India by the Provisions of the Panchayats (Extension to the Scheduled cental Act Areas) Act, 1956 enacted by the 40 of 1996 (Central Act 40 of 1996) Parliament as required.
under sub-clause (b) of clause 4 of article 243M of the Constitution of India;
And whereas the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 have to be brought in tune with the provisions of the said Central Act 40 of 1996 in their application to such Scheduled Areas in the State;
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty-eighth Year of the Republic of India, as follows:-
Section 1. Short title and commencement
1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Panchayat Raj (Amendment) Act, 1998.
(2) it shall come into force on such date as the Government may, by notification, appoint.
Section 2. Amendment of section 1
2. Amendment of section 1.- In the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) (hereinafter referred to as the principal Act) in section 1, after sub-section (2), the following sub-section shall be inserted, namely:-
(a) "(2A) In their application to the Scheduled Areas in the State as referred to in clause (1) of article 244 of the Constitution of India, the remaining provisions of this Act shall apply subject to the provisions of Part VIA of this Act.".
(b) In the marginal heading after the word "extent", the word "application" shall be inserted.
Section 3. Insertion of new Part VI-A
3. Insertion of new Part VI-A.- After Part VI of the principal Act, the following Part shall be inserted, namely:-
"PART VI-A
Special Provisions Relating to the Panchayats, Mandal Parishads and Zilla Parishads Located in the Scheduled Areas
242A. Application of this part.- (1) The provisions of this Part shall apply to the Gram Panchayats, Mandal Parishads and Zilla Parishads constituted in the Scheduled Areas in the State.
(2) The provisions of this Part shall prevail over anything inconsistant therewith elsewhere in this Act.
242B. Declaration of village in Scheduled Areas.- For the purposes of section 3, a village shall ordinarily consist of a habitation or a group of habitations or a hamlet or a group of hamlets thereof comprising a community dr communities and managing their affairs in accordance with traditions and customs.
242C. Functions of Gram Sabha.- (1) Every. Gram Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and without detriment to any law for the time being in force, the customary mode of dispute resolution.
(2) Every Gram Sabha shall,-
(i) approve plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation by the Gram Panchayat, at the village level;
(ii) be responsible for the identification of selection of persons as beneficiaries under poverty alleviation and other programmes.
(3) Every Gram Panchayat shall obtain from the Gram Sabha a certification of utilisation of funds by that Panchayat for the plans, programmes and projects referred to in sub-section (2).
242D. Reservation of seats of members of Gram Panchayat and Mandal Parishad and offices of Sarpanchas of Gram Panchayats and Presidents of Mandal Parishads.- The reservation of seats in the Scheduled Areas to every Gram Panchayat and Mandal Parishad shall be in proportion to the population of the communities in that Gram Panchayat or the Mandal Parishad as the case may be:
Provided that the reservation for the Scheduled Tribes shall not be less than one-half of the total number of seats:
Provided further that all seats of Sarpanchas of Gram Panchayats and Presidents of Mandal Parishads shall be reserved for the Scheduled Tribes.
242E. Nomination of persons.- The Government may nominate persons belonging to such Scheduled Tribes who have no representation in Mandal Parishads:
Provided that such nomination shall not exceed one tenth of the total members to be elected in that Mandal Parishad.
242F. Acquisition of land in the Scheduled Areas.- The Manual Parishad shall be consulted before making the acquisition of land in the Scheduled Areas for development projects and before resettling or rehabilitating persons evicted by such projects in the Scheduled Areas the actual planning and implementation of the projects in the Scheduled Areas shall be co-ordinated at the State Level.
242G. Management of minor water bodies in the Scheduled Areas.- Planning and management of minor water bodies in the Scheduled Areas shall be entrusted to Gram Panchayats, Mandal Parishads or the Zilla Parishads, as the case may be, in such manner as may be prescribed.
242H. Minor minerals in the Scheduled Areas.- (1) The recommendations of the Gram Panchayat, made in such manner as may be prescribed, shall be taken into consideration prior to grant of prospecting license or mining lease, for minor minerals in the Scheduled Areas.
(2) The prior recommendation of the Gram Panchayat, made in such manner as may be prescribed, shall be taken into consideration for grant of concession for the exploitation of minor minerals by auction.
242I. Power and functions of Gram Panchayats and Mandal Parishsda.- (1) The Gram Panchayat or as the case may be, the Gram Sabha shall, exercise such powers and perform such functions in such manner and to such extent as may be in respect of the following matters, namely:-
(a) enforcement of prohibition or regulation or restriction of the sale and consumption of any intoxicant;
(b) the ownership of minor forest produce;
(c) prevention of alienation of land in the Scheduled Areas and restoration of any unlawfully alienated land of a Scheduled Tribe;
(d) Management of village markets by whatever name called; and
(e) exercising control over money lending to the Scheduled Tribe;
(2) The Mandal Parishad shall exercise such powers and perform such functions in such manner and to such extent as may be prescribed, in respect of the following matters, namely:-
(a) exercising control over institutions and functionaries in all social sectors; and
(b) control over local plane and resources for such plans including tribal sub-plans.".