ANDHRA PRADESH DISTRICT COLLECTORS POWERS (DELEGATION) ACT, 1961

32 of 1961

STATEMENT OF OBJECTS AND REASONS Act No.29 of 1976. According to section 3 of the A.P. District Collectors Powers (Delegation) Act, 1961 the State Government may authorise only the joint Collector or any other officer of the Revenue Department not below the rank of a Deputy Collector to exercise all or any of the powers vested by or under any law in the District Collector. It is now proposed to empower, besides the joint Collector any other officer of the State Government not below the rank of Deputy Collector whether or not such other officer belongs to the Revenue Department to exercise the powers vested in the District Collector by or under any law.

An Act to provide for the delegation of the powers of District Collectors to the Joint Collectors and certain other officers in the State of Andhra Pradesh. Be it enacted by the Legislature of the State of Andhra Pradesh in the Twelfth year of the Republic of India, as follows :

Section 1 Short title and commencement

(1) This Act may be called The Andhra Pradesh District Collector's Powers (Delegation) Act, 1961.

(2) It shall come into force on such date as the State Government may by notification in the Andhra Pradesh Gazette, appoint.

Section 2 Definition

In this Act, unless the context otherwise requires " law " means any enactment, Ordinance, Regulation, rule, bye law, order or other instrument relating to a matter enumerated in List II or List III in the Seventh Schedule to the Constitution and having the force of law in any part of the State of Andhra Pradesh.

Section 3 Delegation of powers of District Collector

The State Government may, by notification in the Andhra Pradesh Gazette authorise any Joint Collector or any other officer of the State Government] not below the rank of Deputy Collector to exercise all or any of the powers vested by or under any law in the District Collector and may in like manner, withdraw such authorisation:

Provided that no authorisation under this section shall prevent the District Collector from exercising in such cases as he deems fit, all or any of the powers exercisable by the Joint Collector or other officer by virtue of the authorisation aforesaid:

Provided further that where in respect of any case, the District Collector exercises his powers, the Joint Collector or other officer authorised under this section shall not exercise his powers in respect of the same case.

Section 4 Appeals and revision against orders of Joint Collector

Any order of the Joint Collector or other officers acting in exercise of the powers authorised under section 3 shall be subject to such appeal or revision under the relevant provision of the law as if it were an order of the District Collector.

Section 5 Notification to be placed before the Legislature

Every notification issued under Sec. 3 shall be laid, as soon as may be after it is issued, before each house of the State legislature while it is session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be issued, the notification shall thereafter have effect, only in such modified form or be of no effect, 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 notification.