ANDHRA PRADESH GRAM PANCHAYATS (AMENDMENT) ACT, 1964

ANDHRA PRADESH GRAM PANCHAYATS (AMENDMENT) ACT, 1964

Preamble -

THE ANDHRA PRADESH GRAM PANCHAYATS (AMENDMENT) ACT, 1964
THE ANDHRA PRADESH GRAM PANCHAYATS (AMENDMENT) ACT, 1964
[Act No. 14 of 1964]
[03rd August, 1964]
PREAMBLE

An Act to amend the Andhra Pradesh Gram Panchayats Act, 1964.

Be it Enacted by The Legislature of The State of Andhra Pradesh in The Fifteenth Year of The Republic of India as Follows:--

Section 1 - Short title and commencement

1. This Act may be called the Andhra Pradesh Gram Panchayats (Amendment) Act, 1964.
2. Sections 3, 4, 11 and 13 shall be deemed to have come into force on the 27th May, 1964.

Section 2 - Amendment of section 2,

Andhra Pradesh Act 2 of 1964 Clause (18) of section 2 of the Andhra Pradesh Gram Panchayats Act, 1964 (hereinafter referred to as the principal Act), shall be omitted.

Section 3 - Amendment of section 11

In sub-sections (1) and (2) of section 11 of the principal Act, the expression "convened under sub-section (3) of section 12" shall be omitted.

Section 4 - Amendment of section 12

For sub-section (3) of section 12 of the principal Act, the following sub-section shall be substituted, namely:--

"(3)  A special meeting for the election of the Sarpanch and Upa-Sarpanch shall be called on the same date on which the results of the ordinary elections to the gram panchayat have been published. The notice of the meeting for the election of Sarpanch and Upa-Sarpanch shall be given to the members so elected by affixture of the same to the notice board at the office of the gram panchayat, immediately after such publication:

Provided that if, for any reason, the election of the Sarpanch or Upa-Sarpanch is not held on the date aforesaid, the special meeting for the election of the Sarpanch or Upa-Sarpanch shall be held on the next day, whether or not it is a holiday observed by the gram panchayat:

Provided further that the Government may, from time to time, for reasons to be recorded in writing, direct or permit the holding of the election of the Sarpanch or Upa-Sarpanch on any other day.".

Section 5 - Amendment of section 17

In section 17 of the principal Act--

1. after the words "of a local authority", the words "and no muttadar" shall be inserted;
2. to the Explanation, the following item shall be added, namely:--

"(c)  the expression 'muttadar' means a person, who holds a village or group of villages in the Scheduled Areas under a sanad granted by the Government subject to the payment of a fixed amount of land revenue to the Government and, who assists the Government in maintaining the law and order in the said village or group of villages, and includes his successors-in-interest".

Section 6 - Amendment of section 19

In sub-section (2) of section 19 of the principal Act, for the words "at the date of election or nomination", the expression "on the date fixed for scrutiny of nominations for election, or on the date of nomination under sub-section (2) of section 13" shall be substituted.

Section 7 - Amendment of section 27

In section 27 of the principal Act, for the word "appointed", the word "elected" shall be substituted.

Section 8 - Amendment of section 42

In sub-section (10) of section 42 of the principal Act, the words "a cantonment authority or" shall be omitted.

Section 9 - Amendment of section 55

To item (xi) in section 55 of the principal Act, the following words shall be added, namely:--

"and the promotion of co-operatives for the manufacture of bricks, tiles, hinges, doors, windows, rafters or other building materials, as provided in the village housing project scheme sponsored by the Central Government;".

Section 10 - Amendment of section 72

In the proviso to sub-section (5) of section 72 of the principal Act, the words "a cantonment authority or" shall be omitted.

Section 11 - Amendment of section 226

For sub-section (3) of section 226 of the principal Act, the following sub-section shall be substituted, namely:--

(3) The Special Officer shall call for a special meeting for the election of the Sarpanch and Upa-Sarpanch on the same date on which the results of the election to the gram panchayat have been published, in accordance with the provisions of section 12.".

Section 12 - Amendment of Schedule II

In rule 10 in Schedule II to the principal Act, for the word "half-year", the word "year" shall be substituted.

Section 13 - Amendment of Schedule VI

In Schedule VI to the principal Act, for rule 4, the following rule shall be substituted, namely:--

"4. Term of office of existing presidents, vice-presidents and members.

1. The president, vice-president and members of a panchayat holding office at the commencement of this Act shall, subject to the provisions of sections 18 and 20, continue to hold such office upto and inclusive of the 30th June, 1964, notwithstanding that the first ordinary election to that panchayat under this Act and the special meeting for the election of the Sarpanch and Upa-Sarpanch are hold on or before the 30th June, 1964; and the term of office of Sarpanch, Upa-Sarpanch and members elected at such elections shall be five years commencing on and from the 1st July, 1964:

   Provided that the president, vice-president and members of a town committee constituted for a town municipality under the Municipal Act holding office at the commencement of this Act, shall, subject to the provisions of sections 18 and 20, hold the office of the Sarpanch, Upa-Sarpanch and members of the gram panchayat respectively upto and inclusive of the 30th June, 1969.

2. An officer of the Government nominated a member of a panchayat before the date of commencement of this Act shall, with effect from that date, cease to hold office as such member.
3. Any vacancy in the office of the president, the vice-president or a member of a panchayat at the commencement of this Act, or which may occur thereafter shall, subject to the provisions of sub-rule (3) of rule 3, be filled in accordance with the provisions of the old Andhra Area Act or the old Telangana Area Act or the Municipal Act, as the case may be.
4. Any person elected as Sarpanch, Upa-Sarpanch or member of a panchayat under sub-rule (3) shall hold office upto and inclusive of the 30th June, 1964:

Provided that the person elected under sub-rule (3) as Sarpanch, Upa-Sarpanch or member of a gram panchayat which was a town committee immediately before the commencement of this Act, shall hold office upto and inclusive of the 30th June, 1969.".

Section 14 - Repeal of Andhra Pradesh Ordinance 1 of 1964

The Andhra Pradesh Gram Panchayats (Amendment) Ordinance, 1964 is hereby repealed.