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Category: Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments

CrPC 205 – Magistrate may dispense with personal attendance of accused

Posted on June 21, 2020 by ShadesOfKnife

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.


Corresponding provision in CrPC is here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged BNSS Sec 228 – Magistrate may dispense with personal attendance of accused CrPC 205 – Magistrate may dispense with personal attendance of accused | Leave a comment

AP Capital Region Development Authority Repeal Act, 2020

Posted on April 30, 2020 by ShadesOfKnife

This is the Bill passed in AP Assembly to repeal the AP CRDA Act 2014. This one got stalled in the Legislative Council (Upper House of AP Legislature).

AP Capital Region Development Authority Repeal Act, 2020 (with OR)

The twin for the above Bill is here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged AP Capital Region Development Authority Repeal Act 2020 Statement of Objects and Reasons | Leave a comment

AP Decentralization and Inclusive Development of All Regions Act, 2020

Posted on April 30, 2020 by ShadesOfKnife

This is the Andhra Pradesh Decentralization and Inclusive Development of All Regions Bill, 2020 that got passed in Legislative Assembly of A.P. but fortunately got stalled in the Legislative Council (Upper House of AP Legislature).

AP Decentralization and Inclusive Development of All Regions Act, 2020 (with OR)

The twin for the above Bill is here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged AP Decentralization and Inclusive Development of All Regions Act 2020 Statement of Objects and Reasons | Leave a comment

Change in State Election Commissioner of Andhra Pradesh

Posted on April 28, 2020 by ShadesOfKnife

After passing the AP Panchayat Raj Rules 2020 here, the following steps were taken by incumbent AP Govt.

GO for Cessation of Tenure due to Promulgation of Ordinance No. 5 of 2020

3 10042020PR_MS618 Cessation of Tenure on Dr N. Ramesh Kumar IAS(Retd)

 

Corresponding Gazette

3 2020-04-11 Cessation of Tenure due to Promulgation of Ordinance No. 5 of 2020

GO for Sri Justice V.Kanagaraj, Retired High Court Judge, appointed as SEC of A.P State Election Commission

4 11042020PR_MS619 Sri Justice V.Kanagaraj, Retired High Court Judge, appointed as SEC of A.P State Election Commission

Corresponding Gazette

4 2020-04-11 Sri Justice V.Kanagaraj, Retired High Court Judge, appointed as SEC of A.P State Election Commission

A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YSRC Party are here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged State of AP Vs AP State Election Commission | Leave a comment

Andhra Pradesh Panchayat Raj (Salaries and Allowances, Conditions of service and tenure of State Election Commissioner) Rules 2020

Posted on April 28, 2020 by ShadesOfKnife

After getting the Andhra Pradesh Ordinance No. 5 of 2020 Promulgated here, on 10 April 2020 by AP Governor Shri. Biswabhusan Harichandan, the following Rules were framed via GO and Gazette (G.O. Ms. 617).

GO

2 10042020PR_MS617 Andhra Pradesh Panchayat Raj (Salaries and Allowances, Conditions of service and tenure of State Election Commissioner) Rules 2020

Corresponding Gazette

2 2020-04-11 AP Panchayat Raj (Salaries and Allowances, Conditions of service and tenure of State Election Commissioner) Rules 2020

Once these Rules 2020 were framed, the next steps taken are here.


A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YSRC Party are here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Andhra Pradesh Panchayat Raj (Salaries and Allowances Conditions of service and tenure of State Election Commissioner) Rules 2020 | Leave a comment

Andhra Pradesh Panchayat-Raj (Second Amendment) Ordinance 2020 Promulgated on 10 April 2020

Posted on April 28, 2020 by ShadesOfKnife

After the nonsensical and futile legal squirmish with AP SEC here, incumbent AP Govt took the following legal step. The Andhra Pradesh Ordinance No. 5 of 2020 Promulgated on 10 April 2020 was first marked as confidential soon after its approval, but placed it in the public domain later in the evening as reported here.

Government Order: Announcing the Andhra Pradesh Panchayat-Raj (Second Amendment) Ordinance, 2020

1 10042020LAW_MS31 Andhra Pradesh Panchayat Raj (Second Amendment) Ordinance, 2020

Even though, I could not find the gazette version of Andhra Pradesh Ordinance No. 5 of 2020, promulgated on 10 April 2020, the following are the various Government Orders (GOs) and the Gazatte notifications of the said GOs.


As a consequence to this GO (Gazette still not found), the following three legislative steps were taken.

  1. Formulation of AP Panchayat Raj (Salaries and Allowances, Conditions of service and tenure of State Election Commissioner) Rules 2020
  2. Cessation of Tenure of incumbent SEC Sri Nimmagadda Ramesh Kumar, due to Promulgation of Ordinance No. 5 of 2020
  3. Sri Justice V.Kanagaraj, Retired High Court Judge, appointed as SEC of A.P State Election Commission

A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YSRC Party are here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Andhra Pradesh Ordinance No. 5 of 2020 | Leave a comment

CrPC 83 – Attachment of property of person absconding

Posted on April 28, 2020 by ShadesOfKnife

(1) The Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:
Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,—
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment simultaneously with the issue of the proclamation.
(2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate.
(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made—
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district in which the land is situate, and in all other cases—
(a) by taking possession; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court.
(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 83 - Attachment of property of person absconding | Leave a comment

CrPC 82 – Proclamation for person absconding

Posted on April 28, 2020 by ShadesOfKnife

(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows:—
(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;
(c) a copy thereof shall be affixed to some conspicuous part of the Court-house;
(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.
(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.
(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.
(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 82 - Proclamation For Person Absconding | Leave a comment

CrPC 73 – Warrant may be directed to any person

Posted on April 28, 2020 by ShadesOfKnife

(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.
(2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, any land or other property under his charge.
(3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 71.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 73 - Warrant may be directed to any person | Leave a comment

G.O. Ms. No. 623 Guidelines on Colour combination theme for painting of Gram Panchayat Buildings

Posted on April 27, 2020 by ShadesOfKnife

The High Court of AP had dismissed the Govt Order to color all the Government building to YSRCP Colours in the State of AP here. State Government failed at Supreme Court too. Judgment is here.

The AP Govt had the following Order passed (2020PR_MS623) to obtain the very same colors to paint Government Buildings in the State of AP this time via the namesake committee to submit recommendations to exactly match the YSRCP colours to meet their party agenda item.

2020PR_MS623 Guidelines on Colour combination theme for painting of Gram Panchayat Buildings
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Guidelines on Colour combination theme for painting of Gram Panchayat Buildings Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

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