TRANSITIONAL ARRANGEMENTS ) ACT, 1995
The Andhra Pradesh Gram Panchayats (Transitional) (Arrangement) Act, 1995
1. Short title, extent and commencement
- (1) This Act may be called the Andhra Pradesh Gram Panchayats ( Transitional Arrangements ) Act, 1995.
- (2) It shall be deemed to have come into force on the 23rd April, 1994.
2. Cessation of Office of Sarpanches, etc
Notwithstanding anything contained in the Andhra Pradesh Gram Panchayats Act, 1964 or in any notifications issued thereunder, every Sarpanch, Upa-Sarpanch and members of all Gram Panchayats in the State who completed the normal term of office of five years and are continuing in office after the expiry of their normal term of office on the date of commencement of this Act, shall be deemed to have ceased to hold office on the afternoon of the 23rd April, 1994.
3. Appointment of Person-in-Charge
Notwithstanding anything contained in any law relating to Gram Panchayats for the time being in force, the person who ceased to hold the office of the Sarpanch and the persons who ceased to hold the office of members of the Gram Panchayats concerned under section 2, shall be deemed to have been constituted into a Committee (hereinafter in this Act referred to as the Committee) with the person earlier holding the office of Sarpanch as the person-in-charge of the Committee to carry on the administration of the Gram Panchayat: Provided that where the office of the Sarpanch was vacant or where the Sarpanch was under suspension or where a notice for the removal of the Sarpanch was served prior to the commencement of this Act, the person holding the office of Upa-Sarpanch, shall be the Person-in-charge of the Committee: Provided further that where a notice for expressing want of confidence in the Upa-Sarpanch was served or where a notice for the removal of Upa-Sarpanch was served or where the office of Upa-Sarpanch is lying vacant, it shall be competent for the District Collector to appoint a Person-in-Charge from among the persons who were holding the office of member of the Gram Panchayat prior to the commencement of this Act.
4. Application of law relating to Gram Panchayats
Subject to the provisions of this Act, the provisions of the law relating to Gram Panchayats for the time being in force in the State shall apply mutatis mutandis to the Person-in-Charge, the members of the Committee and the Committee as they apply to the Sarpanch, members and the Gram Panchayat respectively.
5. Term of office of the Committee
The term of office of the Committee constituted under section 3, shall be for a period of three months from the date of the commencement of this Act : Provided that it shall be competent for the Government to extend by notification published in the Andhra Pradesh Gazette the term of office of the Committee for a period not exceeding three months at a time ; so however that the term of office of the
6. Committee in the aggregate shall not exceed a period of one year from the date of commencement of this Act.
Powers and functions of the Committee
- (1) Subject to such rules as may be made in this behalf, the administration of the Gram Panchayat shall be carried by the Committee in accordance with the provisions of the law relating to Gram Panchayats for the time being in force.
- (2) All cheques against the Gram Panchayat fund shall be signed by the Executive Officer where there is one and where there is no Executive Officer by the Group Executive Officer appointed by the Collector.
7. Power to issue directions
For the purpose of giving effect to the provisions of this Act, it shall be competent for the Government to issue such direc- tions as they may deem fit to the persons-in-Charge, the Commit- tee and to any officer, authority or person subordinate to the
8. Government.
Overriding effect of Act The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Andhra Pradesh
9. Panchayat Raj Act, 1994.
Power to make rules
- (1) The Government may by notification, make rules for carrying out all or any of the purposes of this Act.
- (2) Every rule made under this Act shall immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
10. Repeal of Ordinance 14 of 1994
The Andhra Pradesh Gram Panchayats (Transitional Arrangements), Second Ordinance, 1994 is hereby repealed.
PDF: pending for this language.