UP governor refers Akhilesh govt ordinance to President

UP governor refers Akhilesh govt ordinance to President


ram-naik-1_650_012215092705



Lucknow: Uttar Pradesh Governor Ram Naik today referred the Uttar Pradesh Urban Local Self Government Laws (Amendment) Ordinance 2016 for consideration of the President of India. The Ordinance cleared by the Uttar Pradesh on October 17 last and it was presented before the governor on October 28. The ordinance was the brainchild of state urban development minister Mohammad Azam Khan, who had piloted this ordinance after the governor refused to give his approval to two Bills passed by the state legislature last year to curtailed the financial and administrative powers of the Mayors and chairpersons of the urban local bodies. According to Rajbhawan sources here Uttar Pradesh Urban Local Self Government Laws (Amendment) Ordinance 2016, seeks to divest the power of appointment of certain officers and employees of the Municipal Corporations and the Municipalities from their Mayors and the chairpersons and vest the same in the State Government and the Director of the local bodies. On examination of the said Ordinance, the Governor found that the amendments to be brought about by the Ordinance in the UP Municipal Corporation Act, 1959 and the Uttar Pradesh Municipalities Act, 1916 were not only against the autonomy of the said local bodies and against the spirit of their democratic governance but also against the concept of local self-government and the constitutional provisions contained in Part IX-A of the Constitution. Sources said it is noticeable that Power of appointment of certain officers and employees is vested in the Mayors of the Municipal Corporations and the Chairpersons of the Municipalities under the existing provisions of the Uttar Pradesh Municipal Corporation Act, 1959 and the Uttar Pradesh Municipalities Act, 1916. In 1992, the Parliament by means of 74th Constitution Amendment inserted a new Part IX-A in the Constitution of India to promote the concept of local self-government through the Municipal Corporations and the Municipalities and conferred vast powers on such autonomous local bodies for promoting local self-governance. It is further noticeable that in 2015 also, the UP Legislature had passed two similar Bills titled ,The Uttar Pradesh Municipal Corporation (Amendment) Bill, 2015 and The Uttar Pradesh Municipal Laws (Amendment) Bill, 2015 to amend the above mentioned two Uttar Pradesh Acts of 1916 and 1959 seeking to take away the financial and administrative powers of the Mayors and the chairpersons of the Municipal Corporations and the Municipalities respectively in case any complaint regarding maladministration etc. was received against them by the State Government and vest the said powers in the officers of the State Government and also to empower the State Government to transfer the employees from one Municipal Corporation and the Municipality respectively to the other Municipal Corporation and the Municipality. Instead of assenting to the said two Bills, the Governor had referred the same on May 4, 2016 to the President of India for his consideration on the ground that the provisions of the two Bills mentioned above were contrary to the provisions of the Constitution contained in its Part IX-A. 

Share it
Top