Andhra Pradesh Panchayat Raj (Second Amendment) Act, 20001
| [Andhra Pradesh Act No. 8 of 2000] | [22nd April, 2000] |
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-first Year of the Republic of India as follows:-
1 The following Act of the Andhra Pradesh Legislative Assembly received the assent of the Governor on the 22nd April, 2000 and the said assent is hereby first published on the 24th April, 2000 in the Andhra Pradesh Gazette for general information:-
STATEMENT OF OBJECTS AND RRASONS
Section 245 of the Andhra Pradesh Panchayat Raj Act, 1994, provides for not on of no confidence in, Upa-Sarpaneh, President or Vice-President or Chair-Person or the Vice-Chair persons of the Gram Panchayat, Mandal Parishad or Zilla Parishad, as the case may be, and the action shall be carried with the support of not less than two thirds the total number of members. According to the explanation to rule 6 of the rules issued thereunder while determining two-thirds of the total number of members, any fraction below 0.5 shall be ignored and any fraction of 0.5 and above shall be taken as one.
The later part of the explanation that any fraction of more than 0.5 should be considered as one, is quite valid as it ensures the minimum statutory requirements of two-thirds majority and the previous part of the explanation that any fraction below 0.5 should be ignored, is considered violative of section 245(Z) of the Act. This is creating legal complications and unnecessary litigations. In order to put the matter beyond any doubt, it has been decided to suitably amend section 245(2) of the Andhra Pradesh Panchayat Raj Act with retrospective effect from 28-4-98.
As the Legislative Assembly of the State was not then in session and it has been decided to give effect to the above decision, immediately, the Andhra Pradesh Panchayat Raj (Second Amendment) Ordinance, 2000 (A.P. Ordinance 5 of 2000) has been promulgated by the Governor on the 5th February, 2000.
This Bill seeks to replace the said Ordinance.
1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Panchayat Raj (Second Amendment) Act, 2000.
(2) It shall be deemed to have come into force on the 28th April, 1998.
2. Amendment of section 245.- In the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994), in section 245,-
(i) in sub-section (2), the words, "not less than" shall be omitted;
(ii) after sub-section (2), the following explanation shall be added namely:-
"Explanation:- For the purposes of this section, in the determination of two-thirds of the total number of members, any fraction below 0.5 shall be ignored and any fraction of 0.5 or above shall be taken as one.".
3. Repeal of Ordinance No. 5 of 2000.- The Andhra Pradesh Panchayat Raj (Second Amendment) Ordinance, 2000 is hereby repealed.