Bare ActsThe Andhra Pradesh Panchayat Raj Act, 1994.

Section 12

Amendment status not verified — confirm the current text below against the official source.

Removal of difficulty- If any difficulty arises in giving effect to the provisions of these rules, the Government, as occasion may require, may after previous publication, by notification in the Andhra Pradesh Gazette, do anything which appears to them necessary for removing the difficulty. SCHEDULE - VI TRANSITIONAL PROVISIONS (*[Mandal Praja Parishads] and *[Zilla Praja Parishad]) (Section 274) Abolition of Mandala Praja Parishads and devolution of assets and liabilities - (1) With effect on and from the constitution of a *[Mandal Praja Parishad] under this Act, the Mandal Praja Parishad or Parishads in the Mandal for which the Mandal Panchayat is constituted, shall stand abolished. (2) On such abolition of a Mandal Praja Parishad under sub-rule (1), (Act 31 of 1986),- (a) the collector may pass such orders as he deems fit as to the devolution on the *[Mandal Praja Parishad] comprised in the area of such Mandal of the assets or institutions belonging to such Mandal Praja Parishad or Mandal Praja Parishads or as to the disposal otherwise of such assets; (b) all rights vesting in a Mandal Praja Parishad and all liabilities against it shall devolve on the *[Mandal Praja Parishad] concerned; (c) all contracts made by or on behalf of a Mandala Praja Parishad prior to its abolition and subsisting on the day of such abolition may be transferred by the Collector to the *[Mandal Praja Parishad] concerned. (3) In respect of all arrears of taxes or other payments by way of composition for a tax, or due for expenses or compensation, or otherwise due to the said Mandal Praja Parishad on such abolition, it shall be competent for the Collector to pass such orders as he may deem fit for their recovery by the *[Mandal Praja Parishad] as if they had accrued to it and had become due, under the provisions of this Act. (4) All taxes, fees and duties, which immediately before such abolition were being levied by the said Mandal Praja Parishad shall be deemed to have been levied by the relevant *[Mandal Praja Parishad] under the provisions of this Act, and shall continue to be in force accordingly until such taxes, fees and duties are revised, cancelled or superseded by anything done or any action taken under this Act. (5) All proceedings taken by or against the Mandal Praja Parishad or authority or any person under the Andhra Pradesh Mandal Praja Parishads, Zilla Praja Parishads and Zilla Pranalika and Abhivrudhi Sameeksha Mandals Act, 1986 (Act 31 of 1986) (hereinafter called the Mandals Act) may be continued by or against the *[Mandal Praja Parishad], authority or person as if the said proceedings had been started under the provisions of this Act. (6) Any action taken under the Mandals Act by any authority before such abolition shall be deemed to have been taken by the authority competent to take such action under this Act as if this Act had then been in force. (7) With effect on and from the constitution of *[Zilla Praja Parishad], for any district under this Act, the Zilla Praja Parishad constituted for such district under sub-section (1) of section 43 of the Mandals Act shall stand abolished. (8) All assets and rights vesting in a Zilla Praja Parishad at the time of its abolition under sub-section (7) and all liabilities against it at such abolition under the Mandals Act or any other law for the time being in force, shall devolve on the *[Zilla Praja Parishad], constituted under this Act. (9) Notwithstanding anything in this Act, every officer or employee who immediately before such abolition was in the service of the Zilla Praja Parishad shall be deemed to be an officer or employee of the *[Zilla Praja Parishad], under this Act and every officer or employee who, immediately before the abolition of the Mandal Praja Parishad was in the service of the Mandal Praja Parishad shall be the employee of one of the *[Mandal Praja Parishads], as may be ordered by the District Collector and it shall also be competent for the District Collector to transfer such officer or employee to any other service as may be directed by the Government: Provided that, - (i) the terms and conditions applicable to such officers and employees consequent on their absorption in the service of the *[Zilla Praja Parishad], or *[Mandal Praja Parishad], shall not be less favourable than those applicable to such employees immediately before such abolition as respects pay and allowances, leave, pension, gratuity, provident fund and age of superannuation; and (ii) the services rendered by any such officer or other employee under the Zilla Praja Parishad or Mandal Praja Parishad upto such abolition shall be deemed to be service under the*[Zilla Praja Parishad], constituted under this Act, or as the case may be, of the *[Mandal Praja Parishad], and he shall be entitled to count that service for the purpose of increments, leave, pension, or provident fund and gratuity. (10) "The Special Officers appointed under section 76 of the Andhra Pradesh Mandal Praja Parishads, Zilla Praja Parishads and Zilla Pranalika and Abhivrudhi Sameeksha Mandals Act, 1986 shall, notwithstanding the repeal of the said Act continue to hold office and continue to exercise the same powers and perform the same functions as they were exercising or performing immediately before the commencement of this Act, until the first ordinary elections to the *[Mandal Praja Parishads] and *[Zilla Praja Parishads] in accordance with the provisions of this Act are held and the newly elected members and office bearers thereof assume office."

Section 12 – The Andhra Pradesh Panchayat Raj Act, 1994. | DailyLaw.ai