ANDHRA
PRADESH MANDALA PRAJA PARISHADS, ZILLA PRAJA PARISHADS, AND ZILLA ABHIVRUDHI
SAMEEKSHA MANDALS (AMENDMENT) ACT, 1989 THE ANDHRA PRADESH MANDALA PRAJA PARISHADS, ZILLA PRAJA PARISHADS,
AND ZILLA ABHIVRUDHI SAMEEKSHA MANDALS (AMENDMENT) ACT, 1989 [Act No. 21 of 1989] [18th October, 1989] An Act further to amend the Andhra Pradesh Mandala Praja
Parishads, Zilla Praja Parishads and Zilla Abhivrudhi Sameeksha Mandate Act,
1986. Be it enacted by the
Legislative Assembly of the State of Andhra Pradesh in the Fortieth Year of the
Republic of India, as follows:-- This Act may be called the
Andhra Pradesh Mandala Praja Parishads, Zilla Praja Parishads, and Zilla
Abhivrudhi Sameeksha Mandals (Amendment) Act, 1989. In the Andhra Pradesh
Mandala Praja Parishads, Zilla Praja Parishads and Zilla Abhivrudhi Sameeksha
Mandals Act, 1986 (hereinafter referred to as the principal Act), in the long
title, for the words "Zilla Abhivrudhi Sameeksha," the words
"Zilla Pranalika and Abhivrudhi Sameeksha" shall be substituted. In section 1 of the
principal Act, in sub-section (1), for the words "Zilla Abhivrudhi
Sameeksha" the words "Zilla Pranalika and Abhivrudhi Sameeksha"
shall be substituted. In section 3 of the principal
Act, after sub-section (2), the following sub-section shall be inserted,
namely:-- "(2A) Where after a
Mandala Praja Parishad is constituted for a Mandal, a part of such Mandal is
included in a neighbouring municipality or Municipal Corporation; and (i)
in case the residuary part of the Mandal is viable for the
constitution of a separate Mandala Praja Parishad such residuary part shall be
redelimited into a separate Mandal under the Andhra Pradesh Districts
(Formation) Act, 1974 (Act of 1974) and a Mandala Praja Parishad shall be
constituted for such newly formed Mandal and that portion of the Mandal prior
to its redelimitation which is included in the neighbouring Municipality or
Municipal Corporation shall be included in an adjoining Mandal which forms part
of such Municipality or Municipal Corporation; or (ii)
in case the residuary portion of the Mandal is not viable to be
constituted into a separate Mandala Praja Parishad, it shall be competent for
the Government,-- (a)
to include such residuary portion of the Mandal in the adjoining
Mandal or Mandate and abolish the Mandala Praja Parishad constituted for such
Mandal; or (b)
to form a new Mandal by adding to such residuary portion, areas
from the adjoining Mandal or Mandals and constitute a Mandala Praja Parishad
for such new Mandal: Provided that where a
Mandala Praja Parishad is constituted under clause (i) of sub-clause (b) of
clause (ii),-- (i)
the Government may direct that the President, Vice-President, an
elected Member or nominated member of the abolished Mandala Praja Parishad who
is otherwise qualified to hold such office in the newly Constituted Mandala
Praja Parishad shall be the President, Vice-President, Elected Member or nominated
member of the newly constituted Mandala Praja Parishad, as if he was elected or
nominated as the case may be, to such office in the newly constituted Mandala
Praja Parishad; (ii)
the members specified in clauses (ii), (iii) and (iv) of
sub-section (1) of section 4 shall, notwithstanding anything contained in the
proviso to the said sub-section (1), be given an opportunity to become a member
of another Mandala Praja Parishad exercising a revised choice under the said
clauses. Explanation:--For the removal
of doubts, it is hereby declared that,-- (i) the
President, Vice-President, an elected or nominated member of the newly
constituted Mandala Praja Parishad continued, under this sub-section shall hold
office only for the residue of the term of the President, Vice-President, an
elected or nominated member of the abolished Mandala Praja Parishad: Provided further that where
a Mandala Praja Parishad is abolished under clause (a), the President,
Vice-President, an elected member or nominated member holding office
immediately before such abolition shall unless he is continued under the
foregoing proviso cease to hold their respective offices.". In section 6 oft the
principal Act,-- (i)
in sub-section (2), in the opening paragraph for the words
"for the election of Vice-President, the President shall preside at such
meeting", the words "The Collector or any Gazetted Officer of the Government
authorised by the District Collector in this behalf shall, notwithstanding
anything contained in section 26, convene and preside over any meeting held for
the election of the member specified in clause (v) of sub-section (1) of
section 4 or for the election of the Vice-President" shall be substituted; (ii)
for sub-section (3), the following sub-section shall be
substituted, namely:-- "(3) For filling up a
casual vacancy in the office of the Vice-President, a meeting of the Mandale
Praja Parishad shall, notwithstanding anything contained in section 26, be
convened and presided over by the Collector or any Gazetted Officer of the Government
authorised by the District Collector in this behalf and the election shall be
held in the prescribed manner.". To section 17 of the
principal Act, the following proviso shall be added, namely:-- "Provided that for filling
up a casual vacancy in the office of the member specified in clause (v) of
sub-section (1) of section 4, the Collector or any Gazetted Officer of the
Government authorised by the District Collector in this behalf shall,
notwithstanding anything contained in section 26, convene and preside over the
meeting held therefor.". In section 56 of the
principal Act, in sub-section (1), in clause (i), for the words "Mandal
Panchayats", the words "Mandala Praja Parishads" shall be
substituted. In section 69 of the
principal Act,-- (i)
in sub-section (1), for the words "Zilla Abhivrudhi Sameeksha
Mandali" the words "Zilla Pranalika and Abhivrudhi Sameeksha
Mandali" shall be substituted; (ii)
in the marginal heading for the words "Zilla Abhivrudhi
Sameeksha Mandali", the words "Zilla Pranalika and Abhivrudhi
Sameeksha Mandali" shall be substituted.
Preamble - THE ANDHRA PRADESH MANDALA PRAJA PARISHADS, ZILLA PRAJA
PARISHADS, AND ZILLA ABHIVRUDHI SAMEEKSHA MANDALS (AMENDMENT) ACT, 1989PREAMBLE