Adapted in G.O.Ms.No.9, Panchayat Raj & Rural Development (Mandal) Department, dated 12.09.2014 and now see Act No.5 of 2018
Amended by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016
The Andhra Pradesh Gram Panchayats (Transitional Arrangements) Act, 1995 received the assent of the Governor on the 3rd February, 1995. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
1. Short title and commencement. - This Act may be called the [Telangana] Gram Panchayats (Transitional Arrangements) Act, 1995.
(2) It shall be deemed to have come into force on the 23rd April, 1994.
2. Cessation of office of Sarpanches, etc. - Notwithstanding anything contained in the [Telangana Gram Panchayats Act, 1964 (Act 2 of 1964)] or in any notifications issued thereunder, every Sarpanch, Upa-Sarpanch and members of all Gram Panchayats in the State who completed the normal term of office of five years and are continuing in office after the expiry of their normal term of office on the date of commencement of this Act, shall be deemed to have ceased to hold office on the afternoon of the 23rd April, 1994.
3. Appointment of Committees. - Notwithstanding anything contained in any law relating to Gram Panchayats for the time being in force, the person who ceased to hold the office of the Sarpanch and the persons who ceased to hold the office of members of the Gram Panchayats concerned under section 2, shall be deemed to have been constituted into a Committee (hereinafter in this Act referred to as the Committee) with the person earlier holding the office of Sarpanch as the person-in-charge of the Committee to carry on the administration of the Gram Panchayat:
Provided that where the office of the Sarpanch was vacant or where the Sarpanch was under suspension or where a notice for the removal of the Sarpanch was served prior to the commencement of this Act, the person holding the office of Upa-Sarpanch, shall be the Person-in-Charge of the Committee:
Provided further that where a notice for expressing want of confidence in the Upa-Sarpanch was served or where a notice for the removal of Upa-Sarpanch was served or where the office of Upa-Sarpanch is also vacant, it shall be competent for the District Collector to appoint a Person- in-Charge from among the persons who were holding the office of member of the Gram Panchayat prior to the commencement of this Act.
4. Application of the provisions of the law relating to Gram Panchayats. - Subject to the provisions of this Act, the provisions of the law relating to Gram Panchayats for the time being in force in the state shall apply mutatis mutandis to the Person- in-Charge, members of the Committee and the Committee as they apply to the Sarpanch, members and the Gram Panchayat respectively.
5. Term of office of the Committee. - The term of office of the Committee constituted under section 3, shall be for a period of three months from the date of the commencement of this Act:
Provided that it shall be competent for the Government to extend by notification published in the [Telangana Gazette] the term of office of the Committee for a period not exceeding three months at a time; so however that the term of office of the Committee in the aggregate [shall not exceed a period of one year and six months] from the date of commencement of this Act.
6. Powers and functions of the Committee. - (1) Subject to such rules as may be made in this behalf, the administration of the Gram Panchayat shall be carried by the Committee in accordance with the provisions of the law relating to Gram Panchayats for the time being in force.
(2) All cheques against the Gram Panchayat fund shall be signed by the Executive Officer where there is one and where there is no Executive Officer by the Group Executive Officer appointed by the Collector.
7. Power to give directions. - For the purpose of giving effect to the provisions of this Act, it shall be competent for the Government to issue such direction as they may deem fit to the persons-in-Charge, the Committees and to any officer, authority or person subordinate to the Government.
8. Overriding effect. - The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the [Telangana Panchayat Raj Act, 1994 (Act 13 of 1994)].
9. Power to make rules. - (1) The Government may by notification, make rules for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall immediately after it is made, be laid before the Legislature of the State if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislature agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
10. Repeal of Ordinance 14 of 1994. - The Andhra Pradesh Gram Panchayats (Transitional Arrangements) Second Ordinance, 1994 is hereby repealed.