Hyderabad Municipal Corporations (Amendment) Act, 20011
| [Andhra Pradesh Act No. 7 of 2001] | [7th April, 2001] |
An Act further to amend the Hyderabad Municipal Corporations Act, 1955
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty-second 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 7th April, 2001 and the said assent is hereby first published on the 10th Apri 1, 2001 in the Andhra Pradesh Gazette for general information
STATEMENT OF OBJECTS AND REASONS
According to section 70G of the Hyderabad Municipal Corporations Act, 1955 the term of a Special officer appointed there under shall not exceed one year front 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 a, further period or periods so however that the period of appointment of the Special Officer shall not in the aggregate exceed ten years.
2. The term of the present special Officer, Municipal Corporation of Hyderabad and Rajahmundry expires by 29-3-2001 in accordance with the provisions of the said Act.
3. The elections to the Municipal Corporation of Hyderabad and Rajahmundry could not be held for want of division of Corporation into wards for the election of Members of the said Corporation, which may take some more time to complete.
4. Therefore, in order to have continuity in the office of the post of special Officer Municipal Corporation of Hyderabad and Rajahmondry without any break and to give effect, it has been decided to empower the Government to extent the term of special Officer, Municipal Corporation of Hyderabad and Rajahmundry with effect from 30th September, 2000 for a period of one year by amending relevant provisions of the Hyderabad Municipal Corporations Act, 1955, suitably.
5. As the Legislative Assembly of the State was not then in session having been prorogued and it was considered necessary to give effect to the above decision immediately, the Hyderabad Municipal Corporations (Second Amendment) Ordinance, 2000 (A.P. Ordinance No. 10 of 2000) has been promulgated by the Governor on the 15th October, 2000 for extending the term of the Special Officer for a period of six months.
6. The Government have now decided to amend sub-section (1) of Section 70-G of the Hyderabad Municipal Corporations Act, 1955 to extend the term of the special Officer, Municipal Corporation of Hyderabad for a period of one year beyond 30th September, 2000 in order to have continuity in the office of the post of special officer, Municipal Corporation of Hyderabad and Rajahmundry.
7. This Bill seeks to replace the said ordinance and to give effect to the above decision.
1. Short title and commencement.- (1) This Act may be called the Hyderabad Municipal Corporations (Amendment) Act, 2001.
(2) It shall be deemed to have cane into force on and from the 30th September, 2000.
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 two years", the words "which shall not exceed three years", shall be substituted;
(ii) in the proviso, for the words "beyond two years", the words "beyond three years", and for the words "in the agreegate exceed nine and half years", the words "in the aggregate exceed ten and half years", shall respectively be substituted.
3. Validation.- Notwithstanding anything contained in the Principal Act, any Judgment, decree or order of a Court, or any other authority, every action 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 10 of 2000.- The Hyderabad Municipal Corporations (Second amendment) Ordinance, 2000 is hereby repealed.