Vidhi Codex

section 679D

Government's power to dissolve the corporation

The Andhra Pradesh Municipal Laws (Amendment) Act, 1986
Infrastructure198745 sections
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Statutory text
  1. (1) If, in the opinion of the Government, the Corporation is not competent to perform or persistently makes default in performing the duties imposed on it by or under this Act or any other law for the time being in force or exceeds or abuses its position or powers or a situation exists in which the municipal administration cannot be carried on in accordance with the provisions of this Act or the financial stability or credit of the Corporation is threatened, the Government may, by notification in the Andhra Pradesh Gazette, direct that the Corporation be dissolved with effect from a specified date and reconstituted either immediately or with effect from another specified date not later than two years from the date of dissolution; and the notification shall be laid before the Legislative Assembly of the State.
  2. (2) On or before the expiry of the period of dissolution notified under sub-section (1), the Government may, by notification in the Andhra Pradesh Gazette, for reasons to be stated therein postpone the re-constitution of the Corporation for a further period not exceeding six months.
  3. (3) For purposes of reconstitution of a dissolved Corporation under this section, the vacancies in the office of all the elected councillors shall be deemed to be ordinary vacancies.
  4. (4) Before publishing a notification under sub-section
  5. (1) the Government shall communicate to the Corporation the grounds on which they propose to do so fix a reasonable period for the Corporation to show cause against the proposal and consider its explanation or objections, if any: Provided that where a Corporation has disobeyed an order issued under section 679-A, the Government shall not be bound to follow the procedure laid down in this sub-section.
  6. (5) On the date fixed for the dissolution of the Corporation under sub-section (1), all its councillors including ex-officio councillors as well as its Mayor, Deputy Mayor shall forthwith deemed to have vacated their offices as such.
  7. (6) During the interval between the dissolution and the reconstitution of the Corporation, all or any of the powers and functions of the Corporation and of its Mayor and of the Standing Committee may be exercised and performed as far as may be, and to such extent as the Government may determine, by such person as the Government may appoint in that behalf, and any person who is not a District Collector or Revenue Divisional Officer may, if the Government so direct, receive payment for his services from the municipal fund; the Government may determine the relations of such person with the District Controlling Officers and with themselves and the Government may direct the Commissioner to exercise and perform any powers and duties under this Act in addition to his own.
  8. (7) The councillors, including the Ex-officio councillors, of a reconstituted Corporation shall enter upon their office on the date fixed for its reconstitution and the term of office of the elected councillors shall expire at the end of five years from date appointed by the election authority for the first meeting of the Council after the reconstitution.
  9. (8) The Government may reconstitute the Corporation before the expiry of the period notified under sub-section
  10. (1) or sub-section (2).
  11. (9) When the Corporation is dissolved under this section, the Government, until the date of the reconstitution thereof, and the reconstituted Corporation thereafter, shall be entitled to all the assets and be subject to all the liabilities of the Corporation as on the date of the dissolution and on the date of the reconstitution respectively.

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