Andhra pradesh act 012 of 1996 : Andhra Pradesh Urban Areas (Development Amendment) Act, 1996

Preamble

Andhra Pradesh Urban Areas (Development Amendment) Act, 1996*

[Andhra Pradesh Act No. 12 of 1996][26th August, 1996]

An Act Further to Amend the Andhra Pradesh Urban Areas (Development) Act, 1975.

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

* Received the assent of the Governor on the 26th August, 1996. For Statement of objects and Reasons, Please see Andhra Pradesh Gazette, Part IV-A, Extraordinary, dated the 21st March, 1996 at Page 3.

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Urban Areas (Development) (Amendment) Act, 1996.

(2) It shall be deemed to have come into force with effect from the 13th November, 1995.

Section 2. Amendment of section 3

2. Amendment of section 3.- In the Andhra Pradesh Urban Areas (Development) Act, 1975 (Act 1 of 1975) (hereinafter referred to as the Principal Act) in section 3, for sub-section (5), the following shall be substituted, namely;"

(5) The Chairman and every member of the Authority, other than ex-officio member, shall hold office during the pleasure of the Government".

Section 3. Cessation of office of Chairman and members, etc.

3. Cessation of office of Chairman and members, etc.- (1) Notwithstanding anything contained in the principal Act and the rules, order, bye-laws or regulations, made thereunder, the Chairman and every member of the Authority other than ex-officio members holding office before the commencement of this Act shall cease to hold such office forthwith.

(2) On such cessation, it shall be competent for the Government to reconstitute the Authority in accordance with the provisions of the principal Act.

Section 4. Act to override other laws and bar of jurisdiction of Civil Courts

4. Act to override other laws and bar 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 as the case may be, a non-official member who ceased to hold office under this Act;

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

(c) all proceedings pending in any court claiming such continuance shall abate.

Section 5. Power to remove difficulties

5. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may make such orders not inconsistent with the Provisions of this Act as appear to them to be necessary or expedient for the purpose of removing the difficulty.

(2) Every order made under this section shall be laid before the Legislative Assembly of the State, as soon as may be, but in any case during the next session of the Legislative Assembly following the date of making such order.

Section 6. Repeal of Ordinance 16 of 1995 and Ordinance 11 of 1996

6. Repeal of Ordinance 16 of 1995 and Ordinance 11 of 1996.- The Andhra Pradesh Urban Areas (Development) (Amendment) Ordinance, 1995 and the Andhra Pradesh Urban Areas (Development) (Third Amendment) Ordinance 1996 are hereby repealed.

SECTIONS