Preamble
Andhra Pradesh Panchayat Raj (Amendment) Act, 20011
| [Andhra Pradesh Act No. 37 of 2001] | [9th October, 2001] |
An Act further to amend the Andhra Pradesh Panchayat Raj Act, 1994
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty-second Year of the Republic of India as follows:-
SOR Statement of Objects and Reasons
STATEMENT OF OBJECTS AND REASONS
The present provision in the Andhra Pradesh Panchayat Raj Act, 1994 do not provide for disqualifying the person elected to the office, on the basis of a false community certificate and the individual will continue in office even after the cancellation of the Caste Certificate after due enquiry. This position deprives genuine persons belonging to the reserved categories of their right to be elected to the reserved seat/office. There is, therefore, an imperative need to remedy the situation by incorporating a provision in the A.P. Panchayat Raj Act, 1994 providing for automatic cessation of such persons on the cancellation of the false community certificate.
The receipts of the land cess levied under the provisions of A.P. (Andhra Area) District Boards Act, 1920 and A.P. (Telangana Area) District Boards Act, 1955 should be credited to the Gram Panchayat. Government after consideration decided to drop the collection of land cess. Therefore the provisions contained in Section 74 and 198 of the A.P. Panchayat Raj Act, 1994 has to be amended suitably.
As no provision regarding the issue of notice before institution of any suit or other legal proceeding to the Gram Panchayat in respect of any act done or purporting to be done under the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 or in respect of any alleged neglect or default in the execution of the provisions of the Act or any rule, by law, regulation or order made under the provisions of the Act is available in the Andhra Pradesh Panchayat Raj Act, 1994, courts are granting injection orders directly against the actions of the gram panchayats. In order to overcome the above situation, the Government have decided to amend the said Act by way of incorporating a provision analogous to section 144 of the repealed Andhra Pradesh Gram Panchayat Act, 1964.
Rules for the conduct of election of members of Standing Committees of zilla Parishads were issued in G.O.Ms. No. 238, PR & RD. (Mandal-III) Department, dated 20-04-1995. The Committee on Subordinate Legislation in its third report for the year 1996–1997 have considered this G.O. and observed among other things that the word "Chairman should be replaced by "Chairperson" wherever it occurs in the G.O. keeping in view the 33% reservations for women". The recommendations of the Committee on Subordinate Legislation has been examined and it is observed that the word "Chairman" has been used in the Principal Act and it is decided that the words "Chairman" and "Vice-Chairman" wherever they occur in the A.P. Panchayat Raj Act, 1994 should be changed as "Chairperson" "Vice-Chairperson" in order to have gender sensitivity and to amend the Act accordingly.
As the Legislative Assembly of the State was not then in session having been prorogued, and it has been considered necessary to give effect to the above decision immediately, the Andhra Pradesh Panchayat Raj (Amendment) Ordinance, 2001 (A.P. Ordinance 5 of 2001) was promulgated by the Governor on the 20th August, 2001.
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 Panchayat Raj (Amendment) Act, 2001.
(2) It shall be deemed to have come into force with effect on and from the 23rd August, 2001.
Section 2. Amendment of Section 18
2. Amendment of Section 18.- In the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) (hereinafter referred to as the Principal Act), in section 18;-
(1) sub-section (4) shall be omitted;
(2) in sub-section (5) for the expression "sub-sections (1), (2) and (4)", the expression "sub-sections (1) and (2)", shall be substituted.
Section 3. Amendment or Section 20
3. Amendment or Section 20.- In section 20 of the principal Act, after clause (a), the following shall be inserted namely:-
"(aa) is selected as a member to a Ward/Office reserved for Scheduled Castes or Scheduled Tribes or Backward Classes on the basis of a community certificate and subsequently the said community certificate is cancelled under section 5 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of issue of Community Certificate Act, 1993 (Act 16 of 1993)."
Section 4. Amendment of Section 74
4. Amendment of Section 74.- In section 74 of the Principal Act, in sub-section (2),
(i) clause Civ) shall be omitted; and
(ii) the existing clauses (v) to (xxiv) shall be renumbered as clauses (iv) to (xxiii).
Section 5. Insertion of new section 138-A
5. Insertion of new section 138-A.- After section 138 of the principal Act, the following section shall be inserted, namely:-
"138-A Notice of action against Grampanchayat.- (1) Subject to the provisions of section 138, no suit or other legal proceeding shall be brought against any Gram Panchayat or the Sarpanch or the Executive Authority or any member, officer or servant of such Gram Panchayat or against any person acting under the direction of such Gram Panchayat, Sarpanch, executive authority, member, officer or servant, in respect of any act done or purporting to be done under this Act or in respect of any alleged neglect or default in the execution of the provisions of this Act or any rule, bye-law, regulation or order made under it, until the expiration of two months next after notice in writing stating the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of residence of the intended plaintiff, has been left at the office of the Gram Panchayat and if the proceeding is intended to be brought against any such Sarpanch, executive authority, member, officer, servant or person, also delivered to him or left at his place of residence, and unless such notice is given, the Court shall not entertain such suit or legal proceeding.
(2) Every such proceeding shall, unless it is a proceeding for the recovery of immovable property or for a declaration of title thereto, be commenced within six months after the date on which the cause of action arose or in case of a continuing injury or damage, during such continuance or within six months after the ceasing thereof.
(3) If any Gram Panchayat or person to whom notice is given under sub-section (1) tenders amends to the plaintiff before the proceeding is commenced and if the plaintiff does not in such proceeding recover more than the amount so tendered, he shall not recover any costs incurred by him after such tender, and the plaintiff shall also pay all cost incurred by the defendant after such tender.
Section 6. Amendment of section 198
6. Amendment of section 198.- In section 198 of the principal Act, in sub-section (1).
(i) for clause (iii), the following shall be substituted, namely:-
"such share of the State taxes or fees as may be prescribed",
(ii) clause (vi) shall be omitted; and
(iii) the existing clauses (vii), (viii) and (ix) shall be renumbered as clauses (vi), (vii) and (viii) respectively.
Section 7. Substitution of words or "Chairman and Vice-Chairman"
7. Substitution of words or "Chairman and Vice-Chairman".- In the principal Act.
(i) for the word, "Chairman" wherever it occurs, the word "Chairperson" shall be substituted.
(ii) for the word, "Vice-Chairman wherever it occurs, the word, "Vice Chairperson" shall be substituted.
Section 8. Repeal or Ordinance of 2001
8. Repeal or Ordinance of 2001.- The Andhra Pradesh Panchayat Raj (Amendment) Ordinance 2001 is hereby repealed.