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Andhra Pradesh Panchyat Raj (Amendment) Act, 1998

(Act 7 of 1998)
 
The following Act of the Andhra Pradesh Legislative Assembly received the assent of the Governor on the 12 th January, 1998 and the said assent is hereby first published on the 16 th January, 1998 in the Andhra Pradesh Gazette for general information:-

Where the provisions of part IX of the Constitution of India relating to Panchayats are extended subject to such exceptions and modifications to the Scheduled Areas as referred to in clause (1) of article 244 of the Constitution of India by the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1956 enacted by the Parliament as required under sub-clause (b) of clause 4 of article 243M of the Constitution of India.

And whereas the provisions of  the Andhra Pradesh Panchayat Raj Act, 1994 have to be brought in tune with the provisions of the said Central Act 40 of 1996 in their application to such Scheduled Areas in the State;

Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty-eighth Year of the Republic of India, as follows:-
 
1. (1) This Act may be called the Andhra Pradesh Panchayat Raj (Amendment) Act, 1998.
  (2) It shall come into force on such date as the Government may, by notification appoint.
 
2. In the Andhra Pradesh Panchayat Raj Act, 1994 (hereinafter referred to as the principal Act) in section1, after sub-section (2), the following sub-section shall be inserted, namely:-
  (a) "(2A) In their application to the Scheduled Areas in the State as referred to in clause (1) of article 244 of the Constitution of India, the remaining provisions of this Act shall apply subject to the provisions of Part VIA of this Act"
  (b) In the marginal heading after the word "extent" the word "application" shall be inserted.
 
1. After Part VI f the principal Act, the following part shall be     inserted, namely:-
 
 
PART VI-A

Special provisions relating to the panchayats, mandal parishads and zilla parishads located in the Scheduled Areas
 
242A (1)
The provisions of this part shall apply to the Gram Panchayats, Mandal Parishads and Zilla Parishads constituted in the Scheduled Areas in the State.
(2)
The provisions of this Part shall prevail over anything inconsistent there with elsewhere in this Act.
 
242B.
For the purposes of section 3, a village shall ordinarily consist of a habitation or a group of habitations or a hamlet or a group of hamlets thereof comprising a community or communities and managing their affairs in accordance with traditions and customs.
242C.
(1)
Every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and without detriment to any law for the time being in force, the customary mode of dispute resolution.
 
(2) Every Gram Sabha shall:-
(i) approve plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation by the Gram Panchayat, at the village level;
(ii) be responsible for the identification of selections of persons as beneficiaries under poverty alleviation and other programmes.
 
(3)
Every Gram Panchayat shall obtain from the Gram Sabha a certification of utilisation of funds by that Panchayat for the plans, programmes and projects referred to in sub-section (2).
 
242D.
The reservation of seats in the Scheduled Areas to every Gram Panchayat and Mandal Parishad shall be in proportion to the population of the communities in that Gram Panchayat or  the Mandal Parishad as the case may be:
 
»
Provided that the reservation for the Scheduled Tribes shall not to be less than one-half of the total number of seats:
»
Provided further that all seats of Sarpanchas of Gram Panchayats and Presidents of Mandal Parishads shall be reserved for the Scheduled Tribes.
 
242E.
The Government may nominate persons belonging to such Scheduled Tribes who have no representation in Mandal Parishands:
 
Provided that such nomination shall not exceed one tenth of the total members to be elected in that Mandal Parishad.
 
242F.
The Mandal Parishad shall be consulted before making the acquisition of land in the Scheduled Areas for development projects and before resettling or rehabilitating persons evicted by such projects in the Scheduled Areas, the actual planning and implementation of the projects in the Scheduled Areas shall be coordinated at the State Level.
242G.
Planning and management of minor water bodies in the Scheduled Areas shall be entrusted to Gram Panchayats, Mandal Parishads or the Zilla Parishads, as the case may be, in such manner as may be prescribed.
 
242H. (1)
The recommendations of the Gram Panchayat, made in such manner as may be prescribed, shall be taken into consideration prior to grant of prospecting license or mining lease, for minor minerals in the Scheduled Areas.
  (2) The prior recommendation of the Gram Panchayat, made in such manner as may be prescribed, shall be taken into consideration for grant of concession for the exploitation of minor minerals by auction.
242I. (1) The Gram Panchayat or as the case may be, the Gram Sabha shall exercise such powers and perform such functions in such manner and to such extent as may be in respect of the following matters, namely:-
     
  (a) enforcement of prohibition or regulation or restriction of the sale and consumption of any intoxicant;
  (b) the ownership of minor forest produce;
  (c) prevention of alienation of land in the Scheduled Areas and restoration of any unlawfully alienated land of a Scheduled Tribe;
  (d) management of village markets by whatever name called; and
  (e) exercising control over money lending to the scheduled Tribe.
 
(2)
The Mandal Parishad shall exercise such powers and perform such functions in such manner and to such extent as may be prescribed, in respect of the following matters, namely:-
(a)
exercising control over institutions and functionaries in all social sectors; and
(b)
control over local plans and resources for such plans including tribal sub-plans".
 
 
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