Hyderabad Municipal Corporations (Amendment) Act, 20001
| [Andhra Pradesh Act No. 30 of 2000] | [24th September, 2000] |
An Act to amend the Hyderabad Municipal Corporations Act, 1955
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 24th September, 2000 and the said assent is hereby first published on the 25th September, 2000 in the Andhra Pradesh Gazette for general Information:-
STATEMENT OF OBJECTS AND REASONS
According to 70-G of the Hyderabad Municipal Corporations Act, 1955 Act term of a Special Officer appointed there under shall not exceed one year from the date of such appointment and the State Government may from time to time by notification in the Andhra Pradesh Gazette and the reasons specified therein extend the said period of appointment of Special Officer beyond one year or further period or periods so however that the period so appointment of the Special Officer shall not in the aggregate exceed 7½ years.
The term of the present Special Officer, Municipal Corporation of Hyderabad, expired by 30-9-1998 in accordance with the said provisions of the Act.
Government have decided to form greater Hyderabad by merging nine surrounding municipalities and Gaddiannaram Gran Panchayat in the Municipal Corporation of Hyderabad limits. Accordingly final notification was issued vide G.O.Ms. No. 189, M.A. dt. 20-4-1999. The said G.O., was stayed by the Han'ble High Court in the W.P. No. 9274/99. Subsequently, Government have examined and considered to withdraw the orders issued on constitution of greater Hyderabad and issued orders accordingly vide G.O.Ms. No. 67, M.A. dt. 2-2-2000 and action is being taken for conduct of elections to the Municipal Corporation of Hyderabad.
Therefore, in order to have continuity in the office of the post of Special Officer Municipal Corporation of Hyderabad, without any break and to give effect, it has been decided to empower the Government to extend the term of Special Officer, Municipal Corporation of Hyderabad w.e.f. 30th September, 1998 for a period of one and half years by amending relevant provisions of the Hyderabad Municipal Corporations Act, 1955 suitably.
As the Legislative Assembly of the State was not then in session having been prorogued and it has been decided to extend the term of the Special Officer for one and half years with effect from 30-9-1990, the Hyderabad Municipal Corporations (Amendment) Ordinance 2000 (A.P. Ordinance 6 of 2000) has been promulgated by the Governor on the 15th February, 2000.
The Government have now decided to amount sub-section (1) of section 70-G of Hyderabad Municipal Corporations Act, 1955 to extend the term of the Special Officer, Municipal Corporation of Hyderabad by another two years beyond 30-9-1996 in order to have continuity in the Office of the post of Special Officer, Municipal Corporation of Hyderabad.
This Bill seeks to replace the said Ordinance, and give effect to the above decision.
1. Short title and commencement.-(1). This Act may be called the Hyderabad Municipal Corporations (Amendment) Act, 2000.
(2) It shall be deemed to have come into force on and from the 30th September, 1998.
2. Amendment of section 70G.- In the Hyderabad Municipal Corporations Act, 1955, (Act II of 1956) in section 70G, in sub-section (1),-
(i) for the words "which shall not exceed one year", the words "which shall not exceed two years", shall be substituted;
(ii) in the proviso, for the words "beyond one year,", the words "beyond two years,", and for the words "in the aggregate exceed seven and half years.", the words "in the aggregate exceed nine and half years.", shall respectively be substituted.
3. Validation.- Notwithstanding any Judgment, decree or order of a Court, or any other authority, every notion taken or thing done by the Special Officer in exercise of the powers conferred under section 70G of the principal Act shall not be deemed to be invalid or ever to have become invalid by reason of the fact that such actions were taken or such things were done by such Special Officer, when the power in this behalf had not been entrusted to him under the provisions of the principal Act, and accordingly, any action taken or things done by such Special Officer shall, for all purposes; be deemed to be, and deemed to have always been, taken or done in accordance with the provisions of the principal Act, as amended by this Act.
4. Repeal of Ordinance 6 of 2000.- The Hyderabad Municipal Corporations (Amendment) Ordinance, 2000 is hereby of repealed.