The Andhra Pradesh Municipal Laws

199 Pages·2010·4.22 MB·English

The Andhra Pradesh Municipal Laws (Amendment) Act, 1986

Act 33 of 1986

Keyword(s):
Backward Class, Reservation of Seats

Amendments appended: 8 of 1987, 9 of 1987, 23 of 1987, 20 of 1989, 17 of
1990, 22 of 1990, 11 of 1991, 6 of 1992, 18 of 1992, 4 of 1993, 3 of 1994, 17 of
1994, 24 of 1996, 1 of 1995, 25 of 1995, 5 of 1996, 15 of 1997, 19 of 1998, 11 of
1999, 13 of 1999, 13 of 2000, 14 of 2000, 33 of 2000, 8 of 2001, 11 of 2001, 33
of 2001, 34 of 2001
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THE ANDHRA PRADESH MUNICIPAL
LAWS (AMENDMENT) ACT, 1986'
ACT No. 33 OF 1986
9 '
An Act further to amend the Andhra Pradesh
Municipalities Act, 19 65 and the Hyclera bad
Municipal Col.poratioas Act, 1 955.
30 it enacted by the Legislative ~Asscublyo f the
State of Andhra Pradesh in thc thirty-seventh Year of
the Republic of India as follorvs :-.
I. (1) This Act may be called hc Andhra Pradcsh short ti&
%MunicipalL aws (Amendment) Act, 1986. and Commt-
numcnt.
(2) it shall come into forcl: on such date as the
State Government may, by not iric2t.ion in ihl; Andtxu
Prudesh Gazerte, appoint. -
f
2. In t6e ~ndhraP radesh ' Municipa!itier Act, h,mdm.nr
1965,- ofAct6d
I %3.
(I) in section 2,
(i) after clause (2), the follcwing clause -shall
> .
be inserted, namely :-
"(24) 'Backwar& .aIasses' mwns aliy socially
and educationally Backward Olasses of citizens recog-
rjtised by the Government for purposes of clause (4)
of article 15 of the C~nstitutioao f India.''
(@in clause (27-a). for the words "last
-
preceding Census", the words <%st oe&us7' shall bt
substituted.; -
.- , . . m-
*Received the assent of .the Gcvernor on the
24k. September, 1986. For. Statement of <Objectsa nd
Reasons, please'. see the Andira Prudesh Gazetie
Part IV-A, Extraordinary, dated the 26th .July.19@
(2) in section 5, in sub-section (I), the expression
the alelerrncn elected under section .9" shall be
4 0 d .
~g2ittpd; . .
(3) for section 5-A, the following section shall be
substituted, namely :-
' 4 ~ f~or e~l ~a~ -f 5~-A. The clec t ion authority shall, by
uan to the Office notification in the Atldhra Pradesfz
CHrmsn anj
c~~allors. ~azetie's pecify the symbols including
the symbols reserved for a recognised
'political party for exclusive allotment to contesting
candidates set-up by that party, that may be chosen by
the candidales contesting at an elcction io h'O ffices
of Chairman and Councillors and the restrictions to
which thcir choice shall be subject, k
Explanrrrioit :- In this section the 'term recognised
political party' shall have thy meaning assigned to& in.
the Eltstion Symbols (Reservation and Allotment)
Order, 1968, issued' u~dcra r~ticle3 24 of the Constitu-
tion of India." ;
: in section 7,-
'
ti) in sub-section (21, for the words *"the
&cted Councillors" the words "thc Chairman an? the
tle~odC ouncillors" sb ll be substituted;
(ii)'f or sub-s~ction( 2-A), the following sub-
.section shall be substituted, namely :-
"(2-A) ~otwithtsan ding anything contained
jn this Act, every Special- Officer appointed
--
-&&r sub-section (1) read with su6-section (6)-to any
municipality in the State, shall cause arrangements for
-
to be made to that muqicip ality 20 ,that the
eWe1 Councillors and the Chairman thereof may
come into OfEe on , such date as may be specified by
th: Government by an order made in'tbis &halt''; . .
. .
, . -
'be
(iii) in sub-section (3), for words "by
the council" tb words "and co~esin to office" sbl1
,' be substituted ; '
I
(iv.) sub-scction (4) shall be omitted ;
.L
(5) for sections 8 and 8A, the following section
shall bc substituted, namely :-
' .
,
" F m a G ~ n 8. In every municipqlity out. of
0 seat1.l tlu: total strkngth deternlincd under
section 5, the election authority shall, subject to such
rules as may be prescribed, re-serve,-
(a) Wteen per. ccnt thnreof to the members
belonging to Scheduled Castes;
(b) six per cent thereof to . members
belonging to scheduled Tribes;
(c) twen& per cent thereof to thc mcm bds
belonging to Backward Classes, ;: and '
(d) ninc per cent thereof to women;
and determine the ward in rcspcct of which rescrvat ion
'
is made as .aforesaid.";
(6) in section 10,-
(i) in subsection (11, id clause (a) for the
words '5nto wards" the words "into single member
- , wards" &all be substituted ;
. (ii) sub-section (2) sha\k bc omittec! ; . . .
(iii) in sub-section (4), 'for thr, words "when
the number of Couhcillors to be returnc-d by' a ward is
d
altered or when a new wad is fom.d",' the words
'.'When a new ward is formed" .shall be substituted,;
(7) in section i 1- C, in sub-section c2), in clause (a)
in item (ii) for the- words- "in the office of - the
Councillors-o f a municipality" the words in the a c e
of the Chairman and the Councillors of-am unicipaliiy'
&all be substituted;
(8) &r section 11-G, the fouowing. =ti&
shll be inserted, namely :--
"Idt*ny NQ 12, (1) The election au&ority shall,
for voters.
fifteen days before each ordinary election,
' . supply.to each voter an identityl&d
.' with aphotobph together with the specimen sigtlatu*
..
1> or - the left thumb impression .of the' yokr COzlCgmed
and ,such ether. particulars as may be prescribed,;
. -
12) No ballot-paper shall be issued to any voter
u&ss hc/shc produces the idcntity card supplicd to
kim/,hsr under sub-section (I).
. (3) Any identity card so supplied shall bc
prcservcd by the voter until a new identity card is
supplid to him/kr and in case of loss, mutilatiou or
,
defacemcn t of such card before a new card is supplied
to himkr, a duplicate card may b obtained by
bier in such manner and on payment of such fees
as wy be prescribed.";
(9) for scction 20, the following scction shall
be substituted, namely :-
. a- of Qficc or 20. (1) (a) The term of Office of
' 6 bieilbrs ml
jIinE-or 5mtE. electcd Councillon' sball, sa~ca s other-
wise expressly provided rn this Act, b;e
five years from the date appflit~t=db y thc electjot ,
authorityfor thr: first meetkg of the Coimcil :
Pmvidcd that rhE Gover~mn&t y, by notiha-
tioa, for sufficient muse which shalI be stated therein,
direct that thc said term of 6ve years; be extended
uptb such date as ' e y I X cpccjficd in the n~tifimtio~,
such date king not later than three months from fie
on which sucr, term ex4 ires under this clause ;
however that the term o Office shall not in the
g=
gate exwed five years and three months ; and
I Government may, from time-to the, by notifica-
tion, alter such date and fix another dat: illstead;
within the period of three months aforesaid;
- ,
(b) Aa ,Ee-officio CouncilIor shaU hold 0~~
so long as'h'continuest o be the'membcr oi the Legis-
lative Assembly of th3 State q as casa hyb e,
af the House of the People.
(2) &dinary vacancies in the OEces of Council-
lop ?hall lx Nled at ordinary elections which sbII be
'4
' h db y the election authority lo takc place. on such
date as may be spcified by :he zlection autk.ority.
(3) A CouncilIq elected at an oidiuary election
beld.after the Oocurrence of a vamncy shall enter uson
'
0tli.w forthwith but &all bold offiw only as long-'as lac
would have bcnl cntitlcd to hold oficc if h.bad b:n
elccted befor,: thc occurria@ of the vamncy.";
(10) after scction 21, the following section
shrtll bc insel;tcd, mn1~1y:-
m'P~st~oncm~nt2of1 -A. No~witlrstandi~~agil ythingjn
ctu\~rueoa l~ clcccoctfio cnosr mto- {hisA ct, OT tfie ~ J C Sm ade t h r e d r ,
ci[lors and Chair- j t shall be lawful foi the Gov~rament,
Iilitlt
to pcrslpo~lef,r om t imrl to time by gncral
or -spt;cr'al orc'.cr, end for rca sons spccific:d therein, any
clcctjon to fill a casual vacincy in the o6m of a Chair-
man or a Councjlior of a mnicipslity :
I
Providcc! that rhc total pcriod of such poslpos:-
mnt shall in no case exceed one par." ;
(1 I) for section 23, the following scction skll '
lx substituted, namely :-
"E!cction of 23. (1) (a) In th: cgse of evcly
Chairman. .
municipaliiy, the ~hairmahs hall bc
clcctcd. by rhc persons whose names
appeal- irz thc clcctoral roll for thc municipality, from
among themselves, in thc manner pkescriki. A .
. -
pcrsoa sftall not be qualified to stand for elsction as .-, !
Chiman .unless hc.i s not less than twenty-om years
of agc.
(b) if at any election held unhr this sub-
s:ction, no Chairman is elccted, a frrsh :kction shali
be hrld, : .
.
C
.
PI-ovided that,'if a member of i:he- gislatjvc
AsscmbJy of the State or of cithr~r House
ParJian~c~ilst elcctec! as Chairman, h; shall cease to
hold thr: said ofice of Clnirman unl~:ss,w ithin
&ysfroln thcdatcofclcctiao& Lhcsaidoffi~%h .c;eam
.
to be a member of thr hgislativr: Assembly of th State
or as the msc may bc, of cithcr House of ParIiam.n.nt :
.,.
athned L ifc gai sClahriavicrm Aa3nsc sruhbbslyc qouf etnhtcl yS tbactcco omr casc at h~eM Cc~mSbCmer ao yf . .. . . ,, . . . - ..-. . .. ... , -.. ,
be, of cithr,House of Parliamd:nt,' hr:,s ha I I oeasc to hold . '
~IICs aid ofiw of thc-Chairmanu ~llc.ssw, idtin fiftceu days
from the date on which hc so becogcs such Membcr, he -. '
ceases to be Member of ~e~islativAk ssembly of the
State or as ,the. case may be, of either House of
Parliament :
'Provided furthef that ffteen percent of the
'
total number of Offices of Chairman of the Munici-
palities, in the State shall be reserved by rotation for
the members be!ongirl_e to the Scheduled Castes in the
manner priscribed ; so however that the municipality .
in respect of which the office of Chairman is so
rkscrved shall, as far as practicable, be the munici-
pality, where tlls proportion of the population of
the Scheduled Cas!es to the total population of the
municipality is the largest:
Provided also that six per cent af the total
' , number of offices of Chairman of the Municipalities
in the State'shall be reserved by rotation for the
members belonging to the Scheduled Tribes in the
manner prescribed ; so, however that the municipality
, in respect of which the Ofice of the Chairman is,so
reserved shall, as far as practicable, be the. munici-
pality where the propoi-tion of the popuiatioo of
4P the.Scheduled Tribes to+thet otal population of the
municipnlityis the largest:
Provided also that twenty per cent of the .
total umber of Oftices .of CJlairman of the Munici-
palities in the Slate shall be reserved by rotation for
the members belonging to Bat-ard. Classes in the
manner prescribed :
1
1
Providcdalso that -nine Z ercent of, tota
number of Qffices of Chairman o the Municipalities
in the .State shall be reserved by rotation for women
in the manner prescribed: so, however that ths
Municipality in i-es,pect of whicll- the Office of
Chairman is so reserved -shall, as far as practicable,
-
bentha municipality where the proportion of the
population of Women to the total populati,on of
fie
muni~ip ality is the largest.
(2) The election of the Chairman may be held
ordinarily at .the same time and in the same place, as
the ordinary election of the Councillars of the munici-
p.ality,- .: .
(31 Save as otherwise expressly provided inthis
Act, the term of Office of the Chairman who is ale~tea
I
at an ordinary election shall be five years from thedate,
aP pointed by the election authbrity for the first meeting
!
o the council :
[
Provided hat the Government may, by notification
in the A~lrrl/il*aP radesh Gazelte, for sufficient cause tg be
stated thekin, direct, that the term of Office of the Chair-
man shall extend upto, r>r expire at nom, on such date as
may be speciiied in the notificalion, such date being not
later or, as the case may be, earlier than three months,
from the date on ~vlziclt such term expires under this sub
section: the Governn~entm ay, from lime to lime, by
notification in.tbe Atlcihr.cl Pradesh Gnzette alter such date
and fix another date instead wi~hinth e period of three mon-
ths aforesaid and thereupon the provisions of sub-sstions
(3): (4) and (5) of section LO shall apply ia relation to the
Chairman as they apply in relation to the elected
~ouncillors.
h
(4) Subject to the tF:r evisions of sub-section (Slaay
casual vacancy in the 0 ce of the Chairman shall be
filled at a casual election and a person elected as Chairxnan
in.a ny such vacancy sllaII enter upon office forthwith and
hold office only so. long .as the person in whose place he is
elected ~vouldh ave becn entitled to hold office, if the vac-.
ancy had not occurred.
(5) No casual vacaizcy in the Ofict of the Chair-
man.dzoll tie filled within three months beforc the date on
which tkc ord jualy cIection of the Chairnun under-s ub-
section (1) is due.
(6) The provisions of, sections 14 to 19 (both iael-
usive) shall, as far as may be apply in rclatjon io the
Office of the Chairman as they apply in relation' to the Offi-
ce of an elected Cou~lciJlor.
(7) The Chairman shall; by virtue of his Office h
a Councillor of the municipality and shall havc all thc
. . rigllts and privilages of an elected Coun$lor of the rnuni-
cipality -and he shall bs entitled to vote at aH meetings aF
,
tbe Council''.
I
-1
,I.
-. . .(12) in section 46,- i ,
la) in sub-section (l), for the words "the,
Chairman or Vice-Chai~rman", the words "the Vice-
'r'~Gaihans"ha ll 6;: substituted ;
(b) in sub-section (121, for the words "the
Chairn~ano r thc Vicc-Chairmanbast he cast: may be"
the worLs "tl~c; Via--Chairmanv shall be substituted;
* .
in sub-scction (13, for thc words
(G)
"Chairman or Vice-Chairman" the words "Vidc-
Chairnian" shall . bc substituted ;
- (d) in sub-section (14j, for the words "Chair-
man-or Vjcc-Chairman as the case may be" the words
"the V icc-Chairman" shall . be subst itutcd ;
(e) in thc rnargiaal note, the words "Chairman or"
shall be omitted.
(1 3) section 386,-
(a) in sub-section (I), for the words "Every I!
Coucil~or:incl~iriinga u Ex-officio Councillor", the
, -
.words "Evcry pmson who is elccicd.to be a Chairman '
-J
.or .Counci!Ior" shall besubstit~tda nd in thc farm there
undkr, for the 'word "Councillor" the words "Chair-
I
. man/CouncillorWs haII be substituted ;
'
winsub-sections (2)arld(3),fortbr: words
"such Councillor" when ver they occur, t h ~ words
'
.r'such Chairman or,C otrncillor" shall bc substituted;
) 'in the marginal heading for the word
"Councjllors", t hr. words "Chairman or Councjllors" .- .
shall be. s~ibstiiui-ed.
.
- . ,
(14) ~hrougl~outhte Act, for the word "Chair;
man"" the- exprcss ion" ChairmanfChair-pc~son"s haI
he subsiiluted.
.-.
- . 3.'. In thc Hydzrabad Municip a1 Corporatio. ns. Act, henbe,, ;
. ' - - - - .. . . . ..
195..5 .. .-- , . -01f9A5 5c. t11of 1I . - .- . - . .. . , . - ... .. .
.-- ,. y I
(1): in skcti& 2, jn clause (39-a), for the words..
"last prcccding census" the words "lasl census" shall
b substituted ;
"(2) in section 5,-
Ii) for sub-section (Z), the following. sub*
section shall be sub~ituted; namely:-
"(2) In every Municipal Corporation, out of
the total strength of the councillors, the election autho-
rity shall, subject to such rules as may he PI-escribed,
reserve-
(a) Mteen per cent thereof to the members
belonging to Scheduled Castes ;
(b) six per cent thereof to the members belong-
ing to Scheduled Tribes ;
(c) twenty per Gent thereof to the members
belonging to Backward Classes; and
(6) riine per cent thereof to Women ; and
determine the ward in respect of which reservation
is made as aforesjad.";
. -
(ii) for the explanation, the following explanay
tion shall be substituted, namely-
"Explanation :- In this section,-
(i) the expression 'Scheduled Castes' and
'Scheduld Tribes' shall have the same meanings res-
pectively -assignedt, 0 them in clause (24) and clause (25)
bf article 366 of the C~nstitutiono f India ;
(ii) the expression 'Backward CJas'ses' means
any socially, and educationa!Iy Backward Classes of
citizens recognised by the Government for purposes of
dause (4) of article 15 of the Constitution of India.";
'
(3) in section 8, for sub-section (I), the following
sub-sect ion shdl be substituted, namcly :-
"(1) tior the purpose of- ~Iectiono f Council-
lors to the Corporation, the Government shall, by noti-
fication in the Andhra Pradesh Gazelle divide the city
into single member divisions on the basis of population"
as at the last census; so however, that the city of
Secullderabad shall be divided into not lcrs than twe.~ty
such divisinn~:
-a Provicled tlmt thl: Gowrnincn t shnll before issur
1 , .
ing szrcl~n ot jficatiou, publisl~, in likc lnanncr, thfiie,