andhra pradesh act 004 of 1996 : Public Sector Undertakings (Reconstitution of Management) Act, 1996

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Public Sector Undertakings (Reconstitution of Management) Act, 1996

ANDHRA PRADESH ACT 004 OF 1996

10 January, 1996

An Act to Provide for Effective Functioning of Public Sector Undertakings by Reconstituting their Management and for the Matters Connected Therewith or Incidental Thereto.

Whereas there are a number of non-trading public sector undertakings functioning as instrumentalities of the State under various branches of administration within the State of Andhra Pradesh;

And whereas, immediate action is found to be essential in public interest to accelerate revamping of management of such bodies to function as bodies responsive to the aspirations and needs of the people;

And whereas, in the notifications issued in G.S.R. No. 906, dated the 30th July, 1981, G.S.R. No. 577(E), dated the 16th July, 1985, and G.S.R. No. 579(E), dated the 16th July, 1985, and also in certain other notifications issued from time to time, the Government of India have exempted all the Government companies from various provisions of the Companies Act, 1956 (Central Act of 1956) under section 620 of the said Act;

Be it enacted by the Legislative Assembly of the State of Andhra Pradesh, in the Forty-sixth Year of the Republic of India as follows:

Section 1. Short title and commencement

(1) This Act may be called the Andhra Pradesh Public Sector Undertakings (Reconstitution of Management) Act; 1996.

(2) Items 18 and 19 of the Schedule appended to the Act shall be deemed to have come into force on the 25th November, 1995 and the remaining provisions shall be deemed to have come into force on the 13th November, 1995.

Section 2. Definitions

In this Act, unless the context otherwise requires,

(a) Government means the Government of Andhra Pradesh;

(b) Notification means a notification published in the Andhra pradesh Gazette and the word notified shall be construed accordingly;

(d) Schedule means the Schedule appended to this Act.

Section 3. Cessation of office of the non-official Chairman and the non-official directors

Notwithstanding anything contained in any rule, order or notification or bye-laws or Memorandum or Articles of Association or in any provision of any law for the time being in force, the non-official chairman and the non-official Directors by whatever name called of every public sector undertaking holding office at the commencement of this Act shall cease to hold such office forthwith.

Section 4. Action for reconstitution of public sector undertakings

Notwithstanding anything contained in any rule, order or notification or bye-laws, or Memorandum or Articles of Association or in any provision of any law for the time being in force, the Government shall, within such period as they consider reasonable from the date of commencement of this Act reconstitute the Board, or committee or management or the governing body by whatever name called.

Section 5. Power to amend the Schedule

(1) The Government may, by notification, alter or add to or cancel any item in the Schedule.

(2) Where a notification has been issued under sub-section (1), there shall, unless the notification is in ??? rescinded, be introduced in the Legislative Assembly, as soon as may be, but in any case during the next session of the Legislative Assembly following the date of the issue of the notification, a Bill on behalf of the Government to give effect to the alteration, addition or cancellation as the case may be, of the Schedule specifiled in the notification, and the notification shall cease to have effect when such Bill becomes law, whether with or without modifications but without prejudice to the validity of anything previously done thereunder:

Provided that if the notification under sub-section (1) is issued when the Legislative Assembly is in session, such a Bill shall be introduced in the Legislative Assembly during that session:

Provided further that where for any reason a Bill as aforesaid, does not become law within six months from the date of its introduction in the Legislative Assembly, the notification shall cease to have effect on the ??? of the said period of six months.

(3) All references made in this Act to any item in the Schedule shall be construed as relating to the item in the Schedule as for the time being ??? in exercise of the powers ??? this section.

Section 6. Act to ??? others ??? and ??? of jurisdiction of civil courts

The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force, and accordingly,

(a) no suit or other proceeding shall be instituted, maintained or continued in any Court for the continuance of any non-official Chairman, or a non-official Director as the case may be, who cease to hold office under this Act;

(b) no court shall ??? any decree or order directing the continuance of such Chairman or the ??? and

Section 7. Power to remove difficulties

(1) if any difficulty arises in giving effect to the provisions of this Act, the Government may makes such ??? not inconsistent with the provisions of this Act as appear to them to be necessary or ??? for the ??? of ??? the difficulty.

(2) ??? made under this ??? before the Legisistive ??? the State, ??? soon ??? may ??? case ??? of the legislative. ??? the date of making order.

Section 8. Repeal of Ordinance 18 of 1995

The Andhra Pradesh Public Sector Undertakings (Reconstitution of Management) Ordinance, 1995 is hereby repealed.

SCHEDULE

(See Section 2(d))

1. A.P. State Agro Industries Development Corporation.

2. A.P. Fisheries Development Corporation.

3. A.P. Meat and Poultry Development Corporation.

4. A.P. Travel and Tourism Development Corporation.

5. A.P. Forest Development Corporation.

6. A.P. Industrial Infrastructure Corporation.

7. A.P. Industrial Development Corporation.

8. A.P. Electronics Development Corporation.

5. A.P. State Housing Corporation.

10. A.P. Urban Development and Housing Corporation.

11. A.P. Leather Industries Development Corporation.

12. A.P. Mineral Development Corporation.

13. A.P. State Minorities Finance Corporation.

14. A.F. State Irrigation Development Corporation

15. A.P. Textile Development Corporation.

16. A.P. Handicrafts Development Corporation.

17. A.P. State Trading Corporation.

18. A.P. State Civil Supplies Corporation.

19. A.P. State Small Scale Industrial Development Corporation.

1. Received the assent of the Governor on the 10th January, 1996. For Statement of objects and Reasons, Please see the Andhra Pradesh Gazette, Part IV-A, Extraordinary, dated the 8th December, 1995 of Page 8.