Preamble
Andhra Pradesh Panchayat Raj (Amendment) Act, 20021
| [Andhra Pradesh Act No. 22 of 2002] | [19th August, 2002] |
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-third Year of the Republic of India as follows.-
SOR Statement of Objects and Reasons
STATEMENT OF OBJECTS AND REASONS
In order to streamline the village administration in the State Government have decided to amend the Andhra Pradesh Panchayat Raj Act, 1994.
2. The salient features of the proposed amendments to the Andhra Pradesh Panchaya Raj Act, 1994 are,-
(i) Due to redesignation of the pos of executive officer as Panchayat Secretary it is necessary to amend Clause (12) of section 2 of the Act suilably and consequential amend-merits are necessary in this regard.
(ii) The power to declare villages vest with the Government instead of Commissioner and the Government will take into consideration the financial viability of Gram Panchayats before bifurcation for the purpose of providing a Panchayat Secretary.
(iii) Every meeting of the Gramasabha shall be presided by the Sarpanch or in his absence by Upa-Sarpanch (vide section 6(5)).
(iv) Co-opting the conveners of self help groups/financial groups as members the Gram Panchayat by amending section 7;
(v) If the Sarpanch of Upa-Sarpanch fails to convene the meetings of Gram Sabha, they shall be disqualified to hold the office as such. The Divisional Panchayat Officer will inform the Sarpanch or the Upa-Sarpanch in this regard.
(vi) If the Sarpanch or the Upa-Sarpanch fails to get the accounts of the Gram Panchayat audited within the stipulated time, they shall be disqualified to the post they are holding;
(vii) The question of disqualification of the member shall be decidcdby the District Judge having the jurisdiction:
(viii) Barring the Jurisdiction of the Courts except the District Court in respect of any action taken or about to be taken in respect of any powers conferred conferred under this Act.
(ix) If the Panchayat Secretary fails to a person suffering from leprosy so as to enable him to contest elections by amending section 19.
(x) If the Panchayat Secretary fails to conduct the meeting within the stipulated time lie is liable for disciplinary action.
(xi) Every local body shall engage the Chartered Accountant.
(xii) Every Sarpanch of the Gram Panchayat close the accounts of the Gram Panchayal and get them audited before the end of the third quarter to the succeeding financial year.
To achieve the object in view, it has been decided to amend the said Act suitably. As the Legislative Assembly of the State of Andhra Pradesh was not then in session having immediately, the Andhra Pradesh Panchayat Raj (Amendment) Ordinance, 2002 (Act 5 of 2002) was promulgated by the Governor on the 20th June, 2002.
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, 2002.
(2) It shall be deemed to have come into force with effect on and from the 20th June, 2002.
Section 2. Amendment of section 2
2. Amendment of section 2.- In the Andhra Pradesh Panchayat Raj Act, 1994, (Act 13 of 1994) (hereinafter referred to as the principal Act), in section 2.-
(1) for clause (12), the following clause shall be substituted, namcly:-
"(12) ‘Executive Authority’ means the Panchayat Secretary appointed to each Gram Panchayat,",
(2) clause (13) shall be omitted;
(3) after clause (23), the following new clause shall be inserted, namely:-
"(28-A)" ‘Panchayat Secretary’ means the "Panchayat Secretary" appointed under section 30;
Section 3. Amendment of section 3
3. Amendment of section 3.- In the principal Act, in section 3,-
(1) in sub-section (1);-
(i) for the word "Commissioner", the word "Government" shall be substituted;
(ii) the words "by the Government" shall be omitted;
(2) in sub-section (2),-
(a) in the opening paragraph, for the word "Commissioner", the word "Government", shall be substituted;
(b) to clause (a), the following proviso shall be added, namely:-
"Provided that the Government shall lake into consideration the financial viability of the Gram Panchayat, to be newly created before bifurcation of the said Gram Panchayat, for the purpose of providing a Panchayat Secretary,";
(3) in sub-section (3), for the word "Commissioner", the word "Government", shall be substituted.
Section 4. Amendment of section 6
4. Amendment of section 6.- In the principle Act, in section 6, for sub-section (5), the following shall be substituted, namely:-
"(5) Every meeting of the Gramasabha within 10 days from the date prescribed under sub-section (3) shall be convened and presided over by the Sarpanch or in his absence by the Upa Sarpanch of the Gram Panchayat."
Section 5. Amendment of section 7
5. Amendment of section 7.- In the principle Act, in section 7, after sub-section (2), the following sub-section shall be added, namely,-
"(3) One representative from such category of Self Help Group/Functional Group to be elected in a meeting of the Self Help Group/Functional Group, which shall be presided over by the Sarpanch for co-option in the manner prescribed. They shall have the right to speak in and otherwise to take part in Proceeding of any meeting but they shall not be entitled to vote at any such meeting."
Section 6. Amendment of Section 19
6. Amendment of Section 19.- In the principal Act in section 19, in sub-section (2), in Clause (b), the words "or suffering from Leprosy" shall be omitted.
Section 7. Insertion of new sections 20A and 20B
7. Insertion of new sections 20A and 20B.- In the principal Act, after section 20, the following sections shall be added, namely:-
20A. Disqualification of Sarpanch or Upa-Sarpanch for failure to convene the meetings of Gram Sabha.- (1) Subject to the provisions of section 22, a Sarpanch or as the case may be, a Upa Sarpanch shall cease to hold office as such, if he fails to convene the meetings of the Gram Sabha as required under sub-section (5) of section 6 and further even on or before a date specified in a show cause notice issued on him after the expiry of ten days, requiring him to convene the meetings of the Grain Sabha and cease to exercise the powers and perform the functions of the Sarpanch or Upa-Sarpanch as the case may be unless such cessation has otherwise occurred before that date and for a period of one year from such date, he shall not be eligible to be elected as Sarpanch or Upa-Sarpanch as the case maybe.
(2) Every such cessation as is referred to in sub-section (1) shall be intimated by the Divisional Panchayat Officer in writing to the Sarpanch or the Upa-Sarpanch as the case may be.
20B. Disqualification of Sarpanch of Upa-Sarpancli for failure to lose audit of the accounts.- A Sarpanch or as the case may be, a Upa Sarpanch shall cease to hold office as such, if he fails to get the accounts of the Gram Panchayat audited within the period as required under the proviso to sub-section (3) of section 266."
Section 8. Amendment of section 22
8. Amendment of section 22.- In the Principal Act, in section 22, in sub-section (1), for the words "District Munsiff", the words "District Court" shall be substituted.
Section 9. Insertion of new section 22-A
9. Insertion of new section 22-A.- In the principal Act, after section 22, so amended, the following new section shall be inserted, namely:-
"22-A. Bar of jurisdiction.- No order passed or proceedings taken under the provision? of this Act, shall be called in question in any Court, in any suit, or application; and no injunction shall be grained by any Court except District Court in respect of any action taken or about to be taken in pursuance of any power conferred by or under this Act.".
Section 10. Amendment of section 31
10. Amendment of section 31.- In the principal Act, in section 31,-(1) for the sub-section (1) together with the proviso hereunder, the following shall he substituted, namely:-
"(1) The Panchayat Secretary, with the approval of, or on the direction of the Sarpanch convene the meetings of the Gram Panchayat so that all east one meeting of the Gram Panchayat is held every month and if lie fails to discharge that duly, with the result that no meeting of the Gram Panchayat is held within a period of ninety days from the last meeting he shall be liable to disciplinary action under the relevant rules:
Provided that where the Sarpanch fails to give his approval for convening the meeting so as to hold a meeting within the period of ninety days aforesaid, the Panchayat Secretary shall himself convene the meeting in the manner prescribed.".
Section 11. Amendment of section 266
11. Amendment of section 266.- In the Principal Act, in section 266, after sub-section (2), the following sub-section shall be added, namely:-
"(3) Notwithstanding anything contained in sub-section (1), every local body shall engage Chartered Accountants from out of the panels of Chartered Accountants made by the Director of State Audit to get audited of the accounts maintained under sub-section (1) and for speedy finalization of their accounts:
Provided that every Sarpanch of a Gram Panchayat shall have to close the accounts of the Gram Panchayat and gel them audited before the end of third quarter of the succeeding financial year."
Section 12. Substitution of the words "Executive Authority" for the words "Executive Officer and Village Development Officer"
12. Substitution of the words "Executive Authority" for the words "Executive Officer and Village Development Officer".- Through out the principal Act for the words "executive officer", the words "Executive Authority" and for the words "Village Development Officer", the words "Executive Authority" shall be substituted.
Section 13. Repeal of Ordinance of 2002
13. Repeal of Ordinance of 2002.- The Andhra Pradesh Panchayat Raj Repeal of (Amendment) Ordinance, 2002 is hereby Appealed.