The Andhra Pradesh Mandala Praja Parishads, Zilla Praja Parishads, and Zilla Pranalika Abhivrudhi Mandals Act, 1986

Short title, extent and commencement.—(1) This Act may be called the Andhra Pradesh Mandala Praja Parishads, Zilla Praja Parishads and Zilla Pranalika Abhivrudhi Mandals Act, 1986. (2) It extends to the whole of the State of Andhra Pradesh. (3) It shall come into force on such date as the Government may, by notification in the Andhra Pradesh Gazette, appoint.

Definitions.—In this Act, unless the context otherwise requires,— (1) "Andhra Area" means the territories of the State of Andhra Pradesh which, immediately before the 1st November, 1956, were comprised in the State of Andhra; (2) "Backward Classes" means such classes of citizens other than the Scheduled Castes and the Scheduled Tribes as may be specified by the Government; (3) "District Collector" means any officer in-charge of a Revenue District; (4) "Government" means the State Government; (5) "Mandal" means such area in a district as may be declared by the Government by notification to be a Mandal under section 3; (6) "Mandal Development Officer" means the officer appointed under section 18; (7) "Mandal Praja Parishad" means a Mandal Praja Parishad constituted under section 3; (8) "Notification" means a notification published in the Andhra Pradesh Gazette; (9) "Prescribed" means prescribed by rules made under this Act; (10) "Registered Voter in the Mandal" means a person whose name for the time being is entered in the electoral roll of any assembly constituency in relation to the area comprised in the Mandal; (11) "Relevant District Boards Act" means,— (a) in the Andhra Area, the Andhra Pradesh (Andhra Area) District Boards Act, 1920; (b) in the Telangana Area, the Andhra Pradesh (Telangana Area) District Boards Act, 1955; (12) "Scheduled Castes" and "Scheduled Tribes" shall have the meanings respectively assigned to them in clause (24) and clause (25) of article 366 of the Constitution of India; (13) "Telangana Area" means the territories of the State of Andhra Pradesh which, immediately before the 1st November, 1956, were comprised in the State of Hyderabad; (14) "Zilla Praja Parishad" means a Zilla Praja Parishad constituted under section 4; (15) "Zilla Pranalika Abhivrudhi Mandali" means a Zilla Pranalika Abhivrudhi Mandali constituted for a district under section 3-A.

Constitution of Mandal Praja Parishads: (1) For each Mandal, there shall be a Mandal Praja Parishad having jurisdiction over the entire Mandal area. (2) Every Mandal Praja Parishad shall consist of the following members, namely:— (i) the President of the Mandal Praja Parishad elected under section 14; (ii) the Member of the Legislative Assembly of the State representing the constituency which comprises the Mandal; (iii) the Member of the House of the People representing the constituency which comprises the Mandal; (iv) the Member of the Council of States who is a registered voter in the Mandal; (v) one person belonging to the Scheduled Castes or the Scheduled Tribes, if not already elected as President or Member, nominated by the District Collector in the prescribed manner; (vi) one person belonging to the Backward Classes, if not already elected as President or Member, nominated by the District Collector in the prescribed manner; (vii) one woman, if not already elected as President or Member, nominated by the District Collector in the prescribed manner; Provided that the members who are Members of the Legislative Assembly, Members of the House of the People and Members of the Council of States shall have the right to vote in the meetings of the Mandal Praja Parishad.

Incorporation of Mandal Praja Parishads: Every Mandal Praja Parishad shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts and may by its corporate name sue and be sued.

Composition of Mandal Praja Parishad (1) Every Mandal Praja Parishad shall consist of the following members, namely:— (i) the persons elected under section 6; (ii) the Member of the Legislative Assembly of the State representing the constituency which comprises the Mandal concerned: Provided that where no such Member exists for any reason, the Member of the Legislative Assembly of the State representing the constituency which comprises the major portion of the Mandal shall be a member; (iii) the Member of the House of the People representing the constituency which comprises the Mandal concerned: Provided that where no such Member exists for any reason, the Member of the House of the People representing the constituency which comprises the major portion of the Mandal shall be a member; (iv) one person belonging to the minorities to be co-opted in the prescribed manner by the members specified in clauses (i), (ii) and (iii) from among the persons who are registered voters in the Mandal and who are not disqualified under section 11: Provided that the person to be so co-opted shall not be a person who is already a member of the Mandal Praja Parishad; (v) the Member of the Council of States who is a registered voter in the Mandal. (2) The Mandal Praja Parishad shall have a President who shall be elected by the members specified in clause (i) of sub-section (1) from among themselves in the prescribed manner: Provided that if no person is elected as President under this sub-section, fresh election shall be held for the purpose. (3) The members specified in clauses (ii), (iii) and (v) of sub-section (1) shall be entitled to participate in the proceedings of and vote at the meetings of the Mandal Praja Parishad. (4) Every Mandal Praja Parishad shall have a Vice-President who shall be elected by the members specified in clause (i) of sub-section (1) from among themselves in the prescribed manner.

Election of members (1) For the purpose of electing the members of a Mandal Praja Parishad, the Mandal shall be divided into territorial constituencies in such manner that each constituency shall consist of approximately five thousand population. (2) Out of the total number of territorial constituencies in the Mandal, the State Election Commissioner shall reserve: (a) such number of seats to the Scheduled Castes and Scheduled Tribes as may be determined by him, subject to the condition that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to the Mandal Praja Parishad as the population of the Scheduled Castes in the Mandal or of the Scheduled Tribes in the Mandal bears to the total population of the Mandal; (b) not less than one-third of the total number of seats reserved under clause (a) for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes; (c) not less than one-third of the total number of seats (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) to be filled by direct election to the Mandal Praja Parishad, for women; (d) such number of seats to the Backward Classes as may be determined by him but not exceeding thirty-four per cent of the total number of seats in the Mandal Praja Parishad. (3) One member shall be elected from each territorial constituency by the persons who are registered voters in the Mandal. (4) The election of the members shall be held in such manner as may be prescribed.

Reservation of seats. — (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Mandal Praja Parishad and Zilla Praja Parishad and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to the Mandal Praja Parishad or as the case may be, the Zilla Praja Parishad as the population of the Scheduled Castes or of the Scheduled Tribes in the Mandal or district concerned bears to the total population of that Mandal or district: Provided that the Government may by order, specify the Mandal Praja Parishads or Zilla Praja Parishads in which the proportion of the population of the Scheduled Castes or the Scheduled Tribes is low and may not reserve seats in such Mandal Praja Parishads or Zilla Praja Parishads. (2) Not less than one-third of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes. (3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election to every Mandal Praja Parishad and Zilla Praja Parishad shall be reserved for women. (4) One-third of the seats shall be reserved for the members of the Backward Classes in every Mandal Praja Parishad and Zilla Praja Parishad. (5) Not less than one-third of the total number of seats reserved under sub-section (4) shall be reserved for women belonging to the Backward Classes.

President and Vice-President. — (1) For every Mandal Praja Parishad, there shall be a President and a Vice-President who shall be elected by the members of the Mandal Praja Parishad from among themselves in the prescribed manner: Provided that no person who is a member of the Legislative Assembly of the State or the House of the People or the Council of States shall be eligible to be elected as President or Vice-President. (2) The election of the President and Vice-President or the publication of the results of such election shall not be questioned in any Court of law. (3) The term of office of the President and the Vice-President shall be for a period of five years from the date of the assumption of office.

Term of office of President, Vice-President and members.— (1) The President, the Vice-President and the members of a Mandal Praja Parishad shall hold office for a period of five years from the date appointed by the District Collector for the first meeting of the Mandal Praja Parishad. (2) The President, the Vice-President and the members of a Zilla Praja Parishad shall hold office for a period of five years from the date appointed by the Government for the first meeting of the Zilla Praja Parishad: Provided that the Government may, by notification, for sufficient cause, extend the term of office of the President, Vice-President and members of a Mandal Praja Parishad or a Zilla Praja Parishad for a period not exceeding six months:

Resignation of President, Vice-President or member Resignation of President, Vice-President or member.— The President, the Vice-President or any member may resign his office by giving notice in writing to that effect to the Mandal Praja Parishad or the Zilla Praja Parishad, as the case may be, and such resignation shall take effect from the date of its receipt by the Mandal Praja Parishad or the Zilla Praja Parishad.

Motion of no confidence in President or Vice-President: (1) A motion expressing want of confidence in the President or Vice-President may be made by giving a written notice of intention to move the motion in such form and to such authority as may be prescribed, signed by not less than one-half of the total number of members of the Mandal Praja Parishad: Provided that no such motion shall be made within two years of the date of assumption of office by the President or Vice-President. (2) The notice shall be served by the authority to the President or the Vice-President concerned. (3) The motion shall be considered and decided at a meeting of the Mandal Praja Parishad convened for the purpose by the Revenue Divisional Officer concerned within fifteen days of the notice, and he shall preside over such meeting. (4) If the motion is carried with the support of not less than two-thirds of the total number of members of the Mandal Praja Parishad, the President or Vice-President shall be deemed to have vacated his office.

Powers and functions of Mandal Praja Parishad: (1) Subject to the provisions of this Act, the Mandal Praja Parishad shall exercise the powers and perform the functions specified in the Schedule. (2) The Mandal Praja Parishad may, with the prior approval of the Government, levy such taxes, fees and tolls as may be prescribed. (3) The Mandal Praja Parishad shall have the power to supervise the activities of the Gram Panchayats in its jurisdiction. (4) The Mandal Praja Parishad shall perform such other functions as may be entrusted to it by the Government from time to time.

Powers and functions of President: (1) The President shall exercise such powers and perform such functions as may be prescribed. (2) The President shall have full access to all the records of the Mandal Praja Parishad. (3) In the event of the office of the President falling vacant, the Vice-President shall exercise all the powers and perform all the functions of the President until a new President is elected and assumes office. (4) If the President is continuously absent from the Mandal for more than fifteen days or is incapacitated for more than fifteen days, the powers and functions of the President shall devolve on the Vice-President during such absence or incapacity. (5) The President shall cause to be prepared and submitted to the Government the annual administration report of the Mandal Praja Parishad.

Mandal Development Officer: (1) There shall be a Mandal Development Officer for each Mandal Praja Parishad who shall be appointed by the Government: Provided that the Mandal Development Officer working in the Mandal immediately before the commencement of this Act shall continue as such until a new Mandal Development Officer is appointed under this Act. (2) The Mandal Development Officer shall be the Chief Executive Officer of the Mandal Praja Parishad and shall exercise such powers and perform such functions as may be prescribed. (3) The Mandal Development Officer shall be responsible for the implementation of the resolutions of the Mandal Praja Parishad and shall exercise general supervision over the officers and employees of the Mandal Praja Parishad. (4) The Mandal Development Officer shall have the right to attend the meetings of the Mandal Praja Parishad and take part in the discussions, but shall not have the right to vote.

Constitution of Zilla Praja Parishad (1) For each district, there shall be a Zilla Praja Parishad having jurisdiction over the entire district excluding such areas of the district as are included in a Municipality or a Municipal Corporation or a Cantonment or a Notified Area Committee constituted under the relevant law for the time being in force. (2) Every Zilla Praja Parishad shall consist of— (a) the following members, namely:— (i) all the Presidents of the Mandala Praja Parishads in the district; (ii) all members of the Legislative Assembly of the State representing the district; (iii) all members of the House of the People representing the constituencies which comprise the district; (iv) all members of the Council of States who are registered as voters in the district; (v) one person belonging to the Minorities to be co-opted in the prescribed manner; (b) the District Collector: Provided that the members specified in items (i) to (iv) shall have the right to vote in the meetings of the Zilla Praja Parishad and the member specified in item (v) and the District Collector shall have the right to participate in the proceedings of the meetings but shall not have the right to vote. (3) The members specified in items (ii), (iii) and (iv) of clause (a) of sub-section (2) shall be entitled to take part in the proceedings of the meetings of the Zilla Praja Parishad and also to vote thereat.

Incorporation of Zilla Praja Parishad Every Zilla Praja Parishad shall be a body corporate by the name of the district for which it is constituted, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts and may by its corporate name sue and be sued.

Composition of Zilla Praja Parishad.— (1) Every Zilla Praja Parishad shall consist of the following members, namely:— (i) the persons who are elected under section 18; (ii) the members of the Legislative Assembly of the State representing the constituencies which comprise the district; (iii) the members of the House of the People representing the constituencies which comprise the district; (iv) the members of the Council of States who are registered as electors in the district; (v) one person belonging to the minorities, to be co-opted in the prescribed manner by the members specified in clauses (i), (ii), (iii) and (iv); (vi) the District Collector of the district concerned: Provided that the members specified in clauses (ii), (iii), (iv) and (vi) shall have the right to vote in the meetings of the Zilla Praja Parishad, but they shall not be eligible to contest for the offices of the Chairman and Vice-Chairman of the Zilla Praja Parishad and they shall not be entitled to vote at any election held for the Chairman and Vice-Chairman of the Zilla Praja Parishad. (2) The Zilla Praja Parishad shall have a Chairman who shall be elected by the members specified in clause (i) of sub-section (1) from among themselves in the prescribed manner. (3) The District Collector shall issue a notification convening a meeting of the members specified in clause (i) of sub-section (1) for the election of the Chairman.

Chairman and Vice-Chairman.— (1) For every Zilla Praja Parishad, there shall be a Chairman and a Vice-Chairman elected by the members specified in clause (i) of sub-section (1) of section 17 from among themselves. (2) Every Chairman or Vice-Chairman shall hold office for a period of five years from the date of his election. (3) The Chairman or the Vice-Chairman may resign his office by giving notice in writing to the Zilla Praja Parishad in the prescribed manner. (4) Any vacancy in the office of the Chairman or Vice-Chairman shall be filled by election in the prescribed manner and the person so elected shall hold office for the residue of the term of his predecessor. (5) The Chairman shall exercise such powers and perform such functions as may be prescribed. (6) In the event of the occurrence of any vacancy in the office of the Chairman by reason of death, resignation or otherwise, the Vice-Chairman shall exercise the powers and perform the functions of the Chairman until a new Chairman is elected.

Term of office of Chairman, Vice-Chairman and members.- (1) The Chairman, the Vice-Chairman and every member of a Mandal Praja Parishad or a Zilla Praja Parishad shall hold office for a period of five years from the date appointed for its first meeting: Provided that the Government may, by notification, for reasons to be stated in the notification, extend or reduce the term of office of the Chairman, Vice-Chairman and members of a Mandal Praja Parishad or a Zilla Praja Parishad, by such period as may be specified therein, so however that the total period of such extension shall not exceed one year. (2) The Chairman, the Vice-Chairman and the members of a Mandal Praja Parishad or a Zilla Praja Parishad shall, on the expiry of their term of office, continue in office until their successors are elected and assume office.

Resignation of Chairman, Vice-Chairman or member.- (1) The Chairman or the Vice-Chairman or any member may resign his office by writing under his hand addressed to the prescribed authority. (2) The resignation shall take effect from the date on which it is received by the prescribed authority.

Motion of no confidence in Chairman or Vice-Chairman.— (1) A motion expressing want of confidence in the Chairman or Vice-Chairman may be made by giving a notice thereof in the prescribed form and in the prescribed manner, to be given by not less than one-half of the total number of members of the Zilla Praja Parishad. (2) Where the notice of intention to make the motion is given, the District Collector shall convene a meeting for the consideration of the motion at the office of the Zilla Praja Parishad on a date appointed by him, which shall not be later than thirty days from the date on which the notice under sub-section (1) was delivered to him. (3) The Collector shall give to the members notice of not less than fifteen clear days of such meeting in the prescribed manner: Provided that where the holding of such meeting is stayed by an order of a Court, the meeting shall be adjourned, and the Collector shall hold the meeting on a date not later than thirty days from the day on which he receives the intimation about the vacation of such stay. (4) A motion expressing want of confidence in the Chairman or Vice-Chairman shall be deemed to have been carried if it is passed by a majority of not less than two-thirds of the total number of members of the Zilla Praja Parishad: Provided that no notice of motion under this section shall be made within two years of the date of the assumption of office by the Chairman or Vice-Chairman: Provided further that no such notice shall be made against the same Chairman or Vice-Chairman more than once during their term of office. (5) If the motion is carried as aforesaid, the Chairman or Vice-Chairman shall cease to hold office as such with effect from the date on which the motion is carried.

Powers and functions of Zilla Praja Parishad.— Subject to the provisions of this Act, the Zilla Praja Parishad shall have the following powers and functions, namely:— (i) to examine and approve the budgets of Mandal Praja Parishads in the district; (ii) to distribute the funds allotted to the district by the Central or State Government or any other source, among the Mandal Praja Parishads and to earmark funds for specific works in the district; (iii) to co-ordinate and consolidate the plans prepared in respect of the Mandals in the district and to prepare a plan for the district; (iv) to secure the execution of plans, projects, schemes, or other works common to two or more Mandals in the district; (v) to supervise generally the activities of the Mandal Praja Parishads in the district; (vi) to exercise and perform such other powers and functions in relation to any development programmes as the Government may, by notification, confer on or entrust to the Zilla Praja Parishad; (vii) to advise Government on all matters relating to development activities in the district; (viii) to perform such of the powers and functions of the District Development Board and District Planning Board, as the Government may, by notification, confer on or entrust to the Zilla Praja Parishad.

Powers and functions of Chairman (1) The Chairman of a Mandal Praja Parishad shall— (a) exercise administrative control over the Mandal Development Officer for the purposes of implementation of the resolutions of the Mandal Praja Parishad or any committee thereof; (b) preside over the meetings of the Mandal Praja Parishad; (c) have access to the records of the Mandal Praja Parishad; (d) exercise general powers of supervision and control over the acts of the officers and employees of the Mandal Praja Parishad. (2) The Chairman of a Zilla Praja Parishad shall— (a) preside over the meetings of the Zilla Praja Parishad; (b) have access to the records of the Zilla Praja Parishad; (c) exercise general powers of supervision and control over the acts of the officers and employees of the Zilla Praja Parishad; (d) exercise administrative control over the Chief Executive Officer for the purposes of implementation of the resolutions of the Zilla Praja Parishad or any committee thereof.

Chief Executive Officer The Government shall appoint a Chief Executive Officer for each Zilla Praja Parishad. He shall exercise the powers and perform the functions as may be prescribed: Provided that the Chief Executive Officer shall exercise such powers and perform such functions in relation to the implementation of the schemes of the Government as may be entrusted to him by the Government from time to time.

Constitution of Zilla Pranalika Abhivrudhi Mandals.- (1) The Government may, by notification, constitute a Zilla Pranalika Abhivrudhi Mandal for every district. (2) Every Zilla Pranalika Abhivrudhi Mandal shall consist of the following members, namely:- (a) The Minister in-charge of the district, who shall be the Chairman; (b) The District Collector, who shall be the Vice-Chairman; (c) The Chairman of the Zilla Praja Parishad; (d) All the Members of Parliament who have their place of residence in the district; (e) All the Members of the State Legislative Assembly elected from the district; (f) One person belonging to the Scheduled Castes nominated by the Government; (g) One person belonging to the Scheduled Tribes nominated by the Government; (h) One woman to be nominated by the Government; (i) The District Development Officer, who shall be the Secretary:

Financial Assistance by Government Financial Assistance by Government.- The Government may pay to a Mandal Praja Parishad or a Zilla Praja Parishad or a Zilla Pranalika Abhivrudhi Mandal, from the Consolidated Fund of the State, such sums of money as they may deem fit for the purposes of this Act.

Constitution of Mandal Praja Parishad Fund and Zilla Praja Parishad Fund: (1) Every Mandal Praja Parishad and every Zilla Praja Parishad shall have a fund to be called respectively the Mandal Praja Parishad Fund and the Zilla Praja Parishad Fund. (2) The following shall be credited to the Mandal Praja Parishad Fund and the Zilla Praja Parishad Fund respectively:— (a) the contributions or grants made by the Government; (b) the proceeds of any tax or fee imposed by the Mandal Praja Parishad or the Zilla Praja Parishad, as the case may be; (c) all sums received by way of loan or gift; (d) all income derived from any institution or work vested in or managed by the Mandal Praja Parishad or the Zilla Praja Parishad; (e) such other sums as may be received by the Mandal Praja Parishad or the Zilla Praja Parishad in furtherance of the objects of this Act. (3) The amounts in the fund of the Mandal Praja Parishad or the Zilla Praja Parishad shall be kept in the Government Treasury or in such other bank as may be approved by the Government.

Budget of Mandal Praja Parishad and Zilla Praja Parishad: (1) The Mandal Development Officer or the Chief Executive Officer shall, in each year, prepare and place before the Mandal Praja Parishad or the Zilla Praja Parishad, as the case may be, a budget for the following year containing such estimates of receipts and expenditure as may be prescribed. (2) Every such budget shall be prepared in such form as may be prescribed and shall be placed before the Mandal Praja Parishad or the Zilla Praja Parishad for its approval. (3) The Mandal Praja Parishad or the Zilla Praja Parishad shall, within such time as may be prescribed, sanction the budget either without modification or with such modifications as it may think fit and the budget so sanctioned shall be submitted to the Government or to such authority as may be authorised by the Government in this behalf. (4) If the budget is not sanctioned by the Mandal Praja Parishad or Zilla Praja Parishad within the prescribed time, the Mandal Development Officer or the Chief Executive Officer, as the case may be, shall forward the budget to the Government or to such authority as may be authorised by the Government, who shall approve the budget with such modifications as they consider necessary.

Accounts and Audit: (1) The Mandal Praja Parishad and the Zilla Praja Parishad shall keep such accounts and in such form as may be prescribed. (2) The accounts of the Mandal Praja Parishad and the Zilla Praja Parishad shall be audited by such officer as the Government may, by order, determine. (3) The audit of the accounts shall be subject to the provisions of the Andhra Pradesh State Audit Act, 1989 (Act 9 of 1989). (4) The Mandal Praja Parishad and the Zilla Praja Parishad shall pay out of their funds such sum as may be prescribed by the Government by way of audit fee.

Administration Report: (1) The Mandal Development Officer shall prepare an annual administration report of the Mandal Praja Parishad and place it before the Mandal Praja Parishad for its approval and the said report shall be sent to the District Collector and the Zilla Praja Parishad. (2) The Chief Executive Officer of the Zilla Praja Parishad shall prepare an annual administration report of the Zilla Praja Parishad and place it before the Zilla Praja Parishad for its approval and the said report shall be sent to the Government. (3) The report prepared under sub-section (1) or sub-section (2) shall be published in such manner as may be prescribed.

Power to cancel or suspend resolution of a Mandal Praja Parishad or Zilla Praja Parishad (1) The Government may, by order in writing, cancel any resolution passed by a Mandal Praja Parishad or a Zilla Praja Parishad or any committee thereof, if in their opinion, such resolution— (a) is not legally passed; or (b) is in excess or abuse of the powers conferred by or under this Act or any other law; or (c) is likely to cause danger to human life, health or safety, or is likely to lead to a riot or affray. (2) The Government shall, before taking any action under sub-section (1), give the Mandal Praja Parishad or Zilla Praja Parishad an opportunity for explanation. (3) If, in the opinion of the Government, immediate action is necessary, they may suspend a resolution passed by a Mandal Praja Parishad or a Zilla Praja Parishad and appoint a committee to investigate the matter and report.

Powers of Government to dissolve Mandal Praja Parishad or Zilla Praja Parishad (1) If, at any time, it appears to the Government that a Mandal Praja Parishad or Zilla Praja Parishad is not competent to perform or persistently makes default in the performance of the functions imposed on it by law or exceeds or abuses its powers, they may, by notification, direct that such Mandal Praja Parishad or Zilla Praja Parishad shall be dissolved with effect from a specified date. (2) The Government shall, before issuing a notification under sub-section (1), communicate to the Mandal Praja Parishad or Zilla Praja Parishad the grounds on which they propose to do so, fix a reasonable period for the Mandal Praja Parishad or Zilla Praja Parishad to show cause against the proposal and consider its explanation or objections, if any. (3) On the date specified in the notification of dissolution under sub-section (1)— (a) all the members of the Mandal Praja Parishad or Zilla Praja Parishad shall forthwith be deemed to have vacated their offices as such; and (b) all or any of the functions of the Mandal Praja Parishad or Zilla Praja Parishad shall be performed by the Government or by such person or authority as the Government may appoint in this behalf until the Mandal Praja Parishad or Zilla Praja Parishad is reconstituted. (4) The Government shall reconstitute the Mandal Praja Parishad or Zilla Praja Parishad within such time as they fit, but not exceeding six months from the date of its dissolution.

Powers of Government to remove President, Vice-President, Chairman or Vice-Chairman (1) The Government may, by notification and with effect from a date to be specified therein, remove any President or Vice-President of a Mandal Praja Parishad or any Chairman or Vice-Chairman of a Zilla Praja Parishad, who, in their opinion, willfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, bye-laws, regulations or lawful orders issued thereunder or abuses his powers or is guilty of misconduct in the discharge of his duties. (2) The Government may, by order, suspend any President or Vice-President of a Mandal Praja Parishad or any Chairman or Vice-Chairman of a Zilla Praja Parishad pending an enquiry into the charges of misconduct of any of the items referred to in sub-section (1) and report the matter to the Parishad concerned. (3) The Government shall, before taking action under sub-section (1), give the office-bearer concerned an opportunity for explanation, and the report of any enquiry held in this behalf shall be considered by the Government.

Delegation of powers (1) The Government may, by notification, delegate to any officer or authority subordinate to them all or any of the powers conferred upon them by or under this Act except the power to make rules under section 61 and may, in like manner, withdraw any power so delegated. (2) The Commissioner may, by notification, delegate to any officer or authority subordinate to him all or any of the powers conferred upon him by or under this Act and may, in like manner, withdraw any power so delegated. (3) The Mandal Praja Parishad may, by resolution, delegate to the Mandal Development Officer, all or any of the powers conferred upon the Mandal Praja Parishad by or under this Act, except the powers conferred by section 61. (4) The Zilla Praja Parishad may, by resolution, delegate to the Chief Executive Officer, all or any of the powers conferred upon the Zilla Praja Parishad by or under this Act, except the powers conferred by section 61.

Emergency powers of District Collector.— (1) The District Collector may, in case of emergency, direct or provide for the execution of any work, or the doing of any act which a Mandala Praja Parishad or a Zilla Praja Parishad or its President is empowered to execute or do, and the immediate execution or doing of which is, in his opinion, necessary for the safety of the public and may direct that the expenses of executing the work or doing the act shall be paid by the person having the custody of the fund of the Mandala Praja Parishad or the Zilla Praja Parishad.

Exemption of certain areas from the operation of the Act.— (1) The Government may, by notification in the Andhra Pradesh Gazette, for reasons to be recorded therein, declare that any area specified in the notification shall be exempt from the operation of this Act. (2) The Government may, by notification, cancel any such declaration and thereupon the provisions of this Act shall apply to such area.

Power to make rules. (1) The Government may, by notification in the Andhra Pradesh Gazette, 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 of notification of such modification or annulment in the Andhra Pradesh Gazette, 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.

Act to override other laws. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Andhra Pradesh Gram Panchayats Act, 1964, the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 or any other law for the time being in force.

Power to remove difficulties: (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order in the Andhra Pradesh Gazette, make such provisions as appear to them to be necessary or expedient for removing the difficulty. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of the State Legislature.

Repeals and Savings: (1) The Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 is hereby repealed. Provided that such repeal shall not affect the previous operation of the Act so repealed and anything done or any action taken under the said Act shall be deemed to have been done or taken under this Act, as if this Act were in force at the time when such thing was done or action was taken. (2) Notwithstanding the repeal of the said Act, the existing Panchayat Samithis or Zilla Parishads constituted under the repealed Act and functioning immediately before the commencement of this Act shall continue to function until the constitution of Mandal Praja Parishads or Zilla Praja Parishads under this Act. (3) The Andhra Pradesh District Development Boards Act, 1974 is hereby repealed.

(See section 11) Provisions relating to the election of President and Vice-President of Mandal Praja Parishad (1) The Revenue Divisional Officer shall call a meeting of the members of the Mandal Praja Parishad for the purpose of electing the President and Vice-President. (2) Notice of the meeting specifying the date, time and place shall be served upon every member of the Mandal Praja Parishad at least seven clear days before the day of the meeting. (3) (a) Any member of the Mandal Praja Parishad who is present at the meeting may propose a candidate for election as President or Vice-President as the case may be. (b) The name of every candidate so proposed shall be duly seconded by another member. (4) If only one candidate is proposed and seconded for an office, he shall be declared to have been duly elected. (5) If there are more than one candidate, the election shall be conducted by secret ballot. (6) The candidate who gets the maximum number of votes shall be declared to have been elected. If two or more candidates get an equal number of votes, the result shall be decided by drawing lots. (7) The result of the election shall be recorded in the minutes of the meeting and signed by the officer presiding over the meeting. (8) Any dispute with regard to the election of the President or Vice-President shall be referred to the District Munsif having jurisdiction and his decision shall be final.

(See section 17) Provisions relating to the election of Chairman and Vice-Chairman of Zilla Praja Parishad (1) The District Collector shall call a meeting of the members of the Zilla Praja Parishad for the purpose of electing the Chairman and Vice-Chairman. (2) Notice of the meeting specifying the date, time and place shall be served upon every member of the Zilla Praja Parishad at least seven clear days before the day of the meeting. (3) (a) Any member of the Zilla Praja Parishad who is present at the meeting may propose a candidate for election as Chairman or Vice-Chairman as the case may be. (b) The name of every candidate so proposed shall be duly seconded by another member. (4) If only one candidate is proposed and seconded for an office, he shall be declared to have been duly elected. (5) If there are more than one candidate, the election shall be conducted by secret ballot. (6) The candidate who gets the maximum number of votes shall be declared to have been elected. If two or more candidates get an equal number of votes, the result shall be decided by drawing lots. (7) The result of the election shall be recorded in the minutes of the meeting and signed by the officer presiding over the meeting. (8) Any dispute with regard to the election of the Chairman or Vice-Chairman shall be referred to the District Judge having jurisdiction and his decision shall be final.