The Andhra Pradesh Urban Areas (Development) Amendment Act, 1986
The Andhra Pradesh Urban Areas (Development) Amendment Act, 1986
1. Short title and commencement
- (1) This Act may be called the Andhra Pradesh Urban Areas (Development) Amendment Act, 1986.
- (2) It shall come into force on such date as the State Government may, by notification, in the Andhra Pradesh Gazette, appoint.
2. Substitution of new sections 4,
In the Andhra Pradesh Urban Areas (Development) Act, 1975 (hereinafter referred to as the principal Act), for section 4 the following sections shall be substituted, namely:- 4.
- (1) For any authority, the Government may, sanction a post of Secretary, a post of Chief Accounts Officer, a post of Town Planner and a post of Engineer who shall exercise such powers and perform such functions as may be prescribed or as may be determined by regulations made by the authority in this behalf or delegated to them by the Authority or the Chairman.
- (2) Before sanctioning any post under sub-section (1), the Government shall consult the authority concerned.
- (3) All the appointments to posts sanctioned under sub-section
- (1) shall be made by the Government.
- (4) All the officers appointed under sub-section
- (3) shall, save as otherwise provided in the rules relating to the discipline and conduct of those officers be deemed, for all purposes, as officers of the Authority and shall, in the exercise of the powers and discharge of the duties under this Act, be subject to such control and direction of the Vice-Chairman as may be prescribed.
- (5) The Government shall pay out of the Consolidated Fund of the State, the salaries, allowances, leave allowances, pension and contribution, if any, towards the provident fund or pension-cum-provident fund of every officer appointed by the Government under sub-section (3).
4. A. (1) The Government shall have power-
(a) to make rules to regulate the classification, methods of recruitment, conditions of service, pay and allowances and disciplinary conduct of the officer appointed under section 4. (b) to recover from the Authority concerned the whole or the salary and allowances paid to any such officer and such contribution towards such officer paid by the Government under sub-section (5) of section 4. (2) The Government may at any time withdraw any officer appointed under section 4 and appoint another in his place. 4-B (1) Notwithstanding anything in this Act, or the rules made thereunder, the Government may, after consulting all the authorities by Notification constitute any class of officers or employees of the Authorities into a Urban Development Authorities Service for this State. (2) Upon the issue of a notification under sub-section (1) of the Act, Government shall have power to make rules to regulate the classification, methods of recruitment, conditions of service, pay and allowances and discipline, and conduct of the officers and employees of the Urban Development Authorities, service thereby constituted and such rules may vest jurisdiction in relation to such service in the Government or in such other Authority or Authorities as may be prescribed therein. 3. Cessation of office of Chairman and members, etc (1) Notwithstanding anything contained in the principal Act and the rules, orders, bye-laws or regulations made thereunder, the Chairman and every member of the Authority, other than ex-officio members holding office before the commencement of this Act shall cease to hold such office forthwith. (2) On such cessation, it shall be competent for the Government to reconstitute the Authority in accordance with the provisions of the principal Act. 4. Act to over ride other laws and bar of jurisdiction of Civil Courts The provisions of this Act shall have effect notwithstanding any thing contained in any other law for the time being in force and accordingly,- (a) no suit or other proceeding shall be instituted, maintained or continued in any court for the continuance of any non-official Chairman, or as the case may be, a non-official member who ceased to hold office under this Act; (b) no court shall enforce any decree or order directing the continuance of such Chairman or the members; and (c) all proceedings pending in any court claiming such continuance shall abate.
5. Power to remove difficulties
- (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may make such orders not inconsistent with the provisions of this Act as appear to them to be necessary or expedient for the purpose of removing the difficulty.
- (2) Every order made under this section shall be laid before the Legislative Assembly of the State, as soon as may be; but in any case during the next session of the Legislative Assembly following the date of making such order.
6. Repeal of Ordinance
The Andhra Pradesh Urban Areas (Development) (Amendment) Ordinance, 1995 and the Andhra Pradesh Urban Areas (Development) (Third Amendment) Ordinance, 1996 are hereby repealed.
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