Section 148 in Andhra Pradesh Panchayat Raj Act, 1994
148. Constitution and incorporation of [Mandal Praja Parishads] [Substituted 'Mandal Parishads' by Act No. 41 of 2006, dated 23.9.2006.].
(1)There shall be constituted by the Government by notification from time to time, and with effect on and from such date, as may be specified therein constitute a [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] for each mandal.(2)Where under sub-Section (2) of Section 3 of the Andhra Pradesh Districts (Formation) Act, 1974 (Act 7 of 1974), a Mandal is redelimited or a new Mandal is formed, the Government may, by notification, reconstitute the [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] for the redelimited Mandal or constitute a new [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] for the new Mandal. On such reconstitution or constitution the [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] or [Mandal Praja Parishads] [Substituted 'Mandal Parishads' by Act No. 41 of 2006, dated 23.9.2006.] concerned functioning immediately before such reconstitution or constitution, shall stand abolished:Provided that in reconstituting the [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] the Government may direct that the President, the Vice-President or an elected member of the [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] which was functioning immediately before such redelimitation and who is otherwise qualified to hold such office in the reconstituted [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] shall be the President, Vice-President or elected member of the reconstituted [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] as if he was elected to such office in the reconstituted [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.].(3)Where after a [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] is constituted for a Mandal, a part of such Mandal is included in a neighbouring Municipality or Municipal Corporation, and,(i)in case the residuary part of the Mandal is viable for the constitution of a separate [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] such residuary part shall be redelimited into a separate Mandal under the Andhra Pradesh Districts (Formation) Act, 1974 (Act 7 of 1974) and a [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] shall be constituted for such newly formed Mandal and that portion of the Mandal prior to its redelimitation which is included in the neighbouring Municipality or Municipal Corporation shall be included in an adjoining Mandal which forms part of such Municipality or Municipal Corporation; or(ii)in case the residuary portion of the Mandal is not viable to be constituted into a separate [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.], it shall be competent for the Government, -(a)to include such residuary portion of the Mandal in the adjoining Mandal or Mandals and abolish the [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] constituted for such Mandal; or(b)to form a new Mandal by adding to such residuary portion, areas from the adjoining Mandal or Mandals and constitute a [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] for such new Mandal:Provided that where a [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] is constituted under clause (i) or sub-clause (b) of clause (ii), the Government may direct that the President, Vice-President or an elected member of the abolished [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] who is otherwise qualified to hold such office in the newly constituted [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] shall be the President, Vice-President or elected Member of the newly constituted [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] as if he was elected to such office in the newly constituted [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.].Explanation. - For the removal of doubts it is hereby declared that, -(i)the President, Vice-President or an elected member of the newly constituted [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] continued under this sub-Section shall hold office only for the residue of the term of the President, Vice-President or an elected member of the abolished [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.]:Provided further that where a [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] is abolished under clause (a), the President, Vice-President or an elected member holding office immediately before such abolition shall unless he is continued under the foregoing proviso cease to hold their respective offices.(4)Every [Mandal Praja Parishad] [Substituted 'Mandal Parishad' by Act No. 41 of 2006, dated 23.9.2006.] shall, by the name of the Mandal for which it is constituted or reconstituted, be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts and may by its corporate name sue and be sued.(5)The notification under sub-Section (2) may contain such supplemental, incidental and consequential provisions as the Government may deem necessary and the Government may, from time to time, amend any such notification.
