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THE UTTAR PRADESH MUNICIPALITIES (AMENDMENT) ACT, 2005
THE UTTAR PRADESH MUNICIPALITIES (AMENDMENT) ACT, 2005
[U.P. Act No. 2 of 2005]
(As passed by the Uttar Pradesh Legislature)
An Act further to amend the Uttar Pradesh Municipalities Act, 1916.
It is hereby enacted in the Fifty-sixth Year of the Republic of India as follows:—
Short title and commencement.
1. (1) This Act may be called the Uttar Pradesh Municipalities (Amendment) Act, 2005.
(2) It shall be deemed to have come into force on February 27, 2004.
Amendment of section 48 of U.P. Act no. 2 of 1916.
2. In section 48 of the Uttar Pradesh Municipalities Act, 1916, hereinafter referred to as the principal Act,-
(a) in sub section (2) the following proviso shall be inserted at the end, namely :-
“Provided that where the State Government has reason to believe that the allegations do not appear to be groundless and the President is prime facie guilty on any of the grounds of this sub-section resulting in the issuance of the show cause notice and proceedings under this sub-section he shall, from the date of issuance of the show cause notice containing charges case to exercise, perform and discharged the financial and administrative powers, functions and duties of the President until he is exonerated of the charges mentioned in the show cause notice issued to him under this sub-section and finalization of the proceedings under sub-section (2-A) and the said powers, functions and duties of the President during the period of such ceasing, shall be exercised, performed and discharged by the District Magistrate or an officer nominated by him not below the rank of Deputy Collector”;
(b) sub-section (2-A) as inserted on February 27, 2004 by the Uttar Pradesh Municipalities (Amendment) Act, 2004 (U. P. Act no. 6 of 2004) shall be omitted.
Validation
3. Anything done or any action taken under the principal Act as amended by the Uttar Pradesh Municipalities (Amendment) Act, 2004 shall be deemed to have been done or taken under this Act as if this Act were in force at all material times.
Repeal and Saving
U. P. Ordinance no. 4 of 2005
4. (1) The Uttar Pradesh Municipalities (Amendment) Ordinance, 2005, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the principal Act as amended by the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act as if the provisions of this Act were in force at all material times.
STATEMENT OF OBJECTS AND REASONS
With a view to providing for refraining the President of a Municipality from exercising, performing and discharging the financial and administrative powers, functions and duties of his office in respect of whom the State Government has reason to believe that he is prima facie guilty on any of the grounds mentioned in sub-section (2) of section 48 of the Uttar Pradesh Municipalities Act, 1916 from the date of issuance of show cause notice till he is exonerated of the charges mentioned in the show cause notice and omitting sub-section (2-A) as inserted by U. P. Act no. 6 of 2004, it was decided to amend the said Act of 1916.
Since the State Legislature was not in session and immediate legislative action was necessary to implement the aforesaid decisions, the Uttar Pradesh Municipalities (Amendment) Ordinance, 2005 (U. P. Ordinance no. 4 of 2005) promulgated by the Governor on January 24, 2005.
This Bill is introduced to replace the aforesaid Ordinance.
