ANDHRA PRADESH MUNICIPAL CORPORATIONS ACT, 1994 THE ANDHRA PRADESH MUNICIPAL CORPORATIONS ACT, 1994 [Act No. 25 of 1994][1] [16th August, 1994] AN ACT TO PROVIDE FOR THE ESTABLISHMENT
OF MUNICIPAL CORPORATIONS IN THE STATE OF ANDHRA PRADESH AND FOR MATTERS
CONNECTED THEREWITH OR INCIDENTAL THERETO. Be it enacted by the
Legislative Assembly of the State of Andhra Pradesh in the Forty-fifth Year of
the Republic of India as follows:- (1)
This Act may be called the Andhra Pradesh Municipal Corporations
Act, 1994. (2)
It extends to the whole of the State of Andhra Pradesh, except to
the local areas covered by the Hyderabad, Visakhapatnam and Vijayawada
Municipal Corporations. (3)
it shall be deemed to have come into force with effect on and from
the 4th July, 1994. In this Act, unless the
context otherwise requires,- (i) 'Corporation'
means a Municipal Corporation deemed to have been constituted under section 3; (ii) 'election
authority' means such officer or authority as may be appointed by the State
Election Commission to exercise such powers and to perform such functions in
connection with the conduct of elections to the Municipal Corporations; (iii) 'Finance
Commission' means the Finance Commission constituted by the Governor under
article 243-I of the Constitution of India; (iv) 'larger
urban area' means such area as the Governor may, having regard to the
population of the area, the density of the population therein, the revenue
generated for local administration, the percentage of employment in
non-agricultural activities, the economic importance or such other factors as
may be prescribed, specify by notification for the purposes of this Act; (v) 'Scheduled
castes' and 'scheduled Tribes' shall have the meaning respectively assigned to
them in clauses (24) and (25) of article 366 of the constitution of India; (vi) 'State
Election Commission' means the State Election Commission constituted in pursuance
of article 243-K of the Constitution of India; (vii) 'Wards
Committee' means a wards committee constituted under section 10; (viii) 'words
and expressions' used in this Act but not defined shall have the meanings
assigned to them in the Hyderabad Municipal Corporations Act (Act II of 1956)
1955. (1)
Where a notification is issued by the Governor specifying an area
as a larger urban area under clause (d) of section 2, a Corporation shall be
deemed to have been constituted for such area. (2)
The Governor may from time to time, after consultation with the
Corporation, by notification in the Andhra Pradesh Gazette, alter the limits of
a larger urban area specified in the notification issued under clause (d) of
section 2, so as to include therein or to exclude therefrom, the areas
specified in the notification. (3)
The power to issue a notification under sub-section (2) shall be
subject to such rules as may be made in this behalf and to previous
publication. (4)
The Corporation shall, by the said name, 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)
Where any local area which is within the jurisdiction of any other
local authority is included in a larger urban area for which a corporation is
constituted, the Government may pass such orders as they may deem fit as to the transfer
to the Corporation or disposal otherwise, of the assets or institutions of any
such local authority in the local area and as to the discharge of the
liabilities, if any, of such local authority relating to such assets or
institutions. (6)
Where any local area for which a Municipality is constituted under
the Andhra Pradesh Municipalities Act ( Act VI of 1965) 1965 is declared as a
larger urban area and a Municipal Corporation is constituted, then the
Municipality functioning immediately before such constitution shall be deemed
to have been abolished and the said Act shall cease to apply to such larger
Urban area. (7)
Where a Municipality stands abolished under sub-section (6), it
shall be competent for the Government to pass such orders as they may deem fit
as to the transfer to the Corporations or disposal otherwise, of the assets or
institutions of the abolished Municipality and as to the discharge of the
liabilities, if any, of such Municipality relating to such assets or
institutions. The Municipal authorities
charged with carrying out the provisions of this Act shall be,- (a)
a Corporation; (b)
a Standing Committee; (c)
a Commissioner; (d)
the wards Committee. The Corporation shall
consist of the following members, namely:- (i) such
number of elected members as may be notified from time to time by the
Government in the Andhra Pradesh Gazette, in accordance with such principles as
may be prescribed; (ii) every
Member of the Legislative Assembly of the State representing a constituency of
which the concerned larger urban area or a portion thereof forms part; (iii) every
member of the House of the People representing a constituency of which the
concerned larger urban area or a portion thereof forms part; Provided that a member of
the House of the People representing a constituency which comprises more than
one larger urban area including a part thereof shall be the member of the
Corporation constituted for one of the larger urban areas which be chooses; and
he shall also have the right to speak in and otherwise to take part in the
proceedings of any meeting of the Corporation constituted for the other larger
urban area within the Constituency but shall not be entitled to vote at any
such meetings; (iv) every
member of the Council of States registered as an elector within the larger
urban area concerned ex-officio; (v) five
persons having special knowledge or experience in Municipal Administration
co-opted by the Corporation; Provided that the
ex-officio member co-opted under this clause shall have the right to speak in
and otherwise to take part in the meetings of the Corporation, but shall not
have the right to vote; (vi) two
persons belonging to minorities to be co-opted as members of the Corporation in
the prescribed manner by the members of the Corporation specified in sub-clauses
(i) to (iv) from among the persons who are registered voters in the Corporation
and who are not less than twenty-one years of age: Provided that the member
co-opted under this clause shall have the right to speak in and otherwise to
take part in the meetings of the Corporation with the right to vote. In the Corporation, out or
the total strength of elected members, the Government shall, subject to the
rules as may be prescribed by notification, reserve; (a)
such number of seats to the Scheduled Castes and Scheduled Tribes
as may be determined by them, subject to the condition that the number of seats
so reserved shall bear, as nearly as may be, the same proportion to the total
number of seats to be filled by direct election to the Corporation, as the
population of the Scheduled Castes, or as the case may be the Scheduled Tribes
in the Corporation bears to the total population of the Corporation; and such
seats may be allotted by rotation to different wards in the Corporation; (b)
one-third of the total number of seats for members belonging to
Backward Classes; and such seats may be allotted by rotation to different wards
in the Corporation; (c)
not less than one-third of the total number of seats reserved
under clauses (a) and (b) for women belonging to the Scheduled Castes,
Scheduled Tribes of as the case may be, the Backward Classes; (d)
not less than one-third (including the number of seats reserved
for women belonging to the Scheduled Castes, Schduled Tribes and Backward Classes)
of the total number of seats to be filled by direct election to the corporation
shall be reserved for women and such seats may be allotted by rotation to
different wards in a Corporation. Explanation: For the
removal of doubts it is hereby declared that,- (i)
nothing in this section shall be deemed to prevent women and
members of the Scheduled Castes, Scheduled Tribes or Backward classes from
standing for Election to the non-reserved seats in the Corporation; (ii)
the expression 'Backward Classes' means any socially and
educationally Backward Classes of citizens recognised by the Government for
purposes of clause (4) of article 15 of the Constitution of India; (iii)
for the purpose of reserving the office of councillor to the
Members belonging to the Backward Classes, the population figures of the
Backward Classes, shall be gathered by such authority and in such manner as may
be prescribed. (1) (a) The
term of office of elected members shall, save as otherwise expressly provided
in this Act, be five years from the date appointed by the election authority
for the first meeting of the Council and no longer. (b) ??An ex-officio members specified under clause
(ii) or (iii) or (iv) of section 5 shall hold office so long as the continues
to be the member of the Legislative Assembly of the State or as the case may
be, of either House of the Parliament and the ex-officio members specified
under clauses (v) and (vi) of section 5 shall be co-terminus with the elected
members. (2) Ordinary
vacancies in the office of elected members shall be filled at ordinary
elections which shall be held before the expiry of the term of office of the
elected members specified in clause (a) of sub-section (1). (3)
A member elected at an ordinary election held after the occurrence
of a vacancy shall enter upon office forthwith but shall hold office only as
long as he would have been entitled to hold office if he had been elected
before the occurrence of the vacancy; (1) A casual
vacancy in the office of a member shall be filled at a casual election which
shall be held by the Election authority within a period of three months from
the date of occurrence of the vacancy: Provided that no casual
election shall be held to fill a vacancy occurring within three months before
the date on which the term of office of the members expires by efflux of time. (2) A member
elected to a casual vacancy shall enter upon office forthwith but shall hold
office only so long as the member in whose place he is elected would have been
entitled to hold office if the vacancy had not occurred. (1) The
members of the Corporation shall at their first meeting convened by the
election authority and in each following year, in a special meeting convened by
the election authority elect one from amongst the elected members to be the
Mayor and another to be the Deputy Mayor, until the special meeting in the next
following years is held: Provided that if a member
of the Legislative Assembly or as the case may be either House of Parliament
who is an ex-officio member is elected as Mayor by virtue of his being also an
elected member, he shall cease to hold the office of Mayor unless, within
fifteen days from the date of election to such office, he ceases to be a member
of the Legislative Assembly or as the case may be either House of the
Parliament, and if a Mayor subsequently becomes a member of the Legislative
Assembly or of either House of the Parliament, he shall cease to hold the said
office of Mayor unless, within fifteen days from the date on which he so
becomes such member, he ceases to be a Member of the Legislative Assembly or
either House of the Parliament. (2)
Where a special officer is appointed to a newly constituted
Corporation, the Special Officer shall preside over the first meeting under
sub-section (1), and also conduct the elections of the Mayor in the manner
prescribed. (3)
A retiring Mayor or Deputy Mayor shall be eligible for re-election
to either office. (4)
If any casual vacancy occurs in the office of the Mayor or the
Deputy Mayor, the members shall, as soon as conveniently may be after the
occurrence of the vacancy, elect one from amongst themselves to fill the
vacancy, and every Mayor or Deputy Mayor so elected shall hold office only so
long as the person in whose place he is elected would have been entitled to
hold it, if the vacancy had not occurred. (1) There
shall be constituted by the Government, by order, such number of Wards
Committees to the Corporation as may be determined by them, so however, that
each wards committee shall consist of not less than ten wards. Provided that in
constituting Ward Committees the Government shall maintain geographical
contiguity as far as possible. (2) Each
Wards committee shall consist of the members elected from the wards for which
the wards Committee is constituted: Provided that such officers
of the Corporation as the Commissioner may specify shall attend the meetings of
the Wards Committee and shall have the right to speak in and otherwise to
participate in the meetings of the Wards Committee but shall not have the right
to vote. (3)
The Chairperson of the wards committee shall be elected by the
Members thereof from among themselves in the prescribed manner. He shall hold
office for a period of one year from the date of election and shall be eligible
for re-election. (4)
The Chairperson shall cease to hold office if he ceases to be a
member of the Wards Committee. Any casual vacancy in the (5)
office of the Chairperson shall be filled by election of another
Chairperson from among the elected members of the Wards Committee, as soon as
may be, after the occurrence of the vacancy. (6)
The powers and, functions of the Wards Committee and the manner of
conduct of business at its meetings shall be such as may be prescribed. The preparation of
electoral rolls for, and the conduct of elections to Corporation shall be under
the superintendence, direction and control of the State Election Commission
Constituted under article 243 K of the Constitution. (1)
The Finance Commission constituted by the Governor in pursuance of
article 243-1 of the Constitution shall also review the financial position of
the Corporation and make recommendations to the Government as to,-- (a)
the principles which should govern,- (i)
the distribution between the State and the Corporation of the net
proceeds of the taxes, duties, tolls and fees leviable by the State, which may
be divided between them under this part and the allocation between the
Corporation of their respective shares of such proceeds; (ii)
the determination of the taxes, tolls and fees which may be assigned
to, or appropriated by the Corporation; (iii)
the grants-in-aid to the Corporation from the Consolidated Fund of
the State; (b) the
measures needed to improve the financial postion of the Corporation; (c)
any other matter referred to the Finance Commission by the
Government in the interests of sound finances of the Corporation. (2)
The Government shall cause every recommendation made by the
Commission under this article together with an explanatory memorandum as to the
action taken thereon to be laid before the Legislative Assembly of the State. (1)
Subject to the provisions of sub-sections (2) and (3), the Andhra
Pradesh Municipalities Act, 1965, shall, with effect on and from the
specification of a local area or a smaller urban area for which a Municipality
is constituted as a larger urban area, cease to apply to such larger urban area
for which a Municipal Corporation is constituted. (2)
Such ceasor shall not effect:- (a)
the previous operation of the Andhra Pradesh Municipalities Act,
1965 in respect of the local area comprised within any newly specified larger
urban area for which a Corporation is constituted; (b)
any penalty, forfeiture or punishment incurred in respect of any
offence committed against the Andhra Pradesh Municipalites Act, 1965, or (c)
any investigation, legal proceedings or remedy in respect of such
penalty, forfeiture or punishment, and any such penalty, forfeiture or
punishment may be imposed as if this Act had not been passed (3)
Notwithstanding anything contained in sub-section (1), all
notifications, rules, bye-laws, regulations, orders, directions and powers,
made, issued or conferred under the Andhra Pradesh Municipalities Act, 1965 and
in force in a Municipality immediately before the specification of its local area as a larger
urban area shall, so far as they are not inconsistent with the provisions of
this Act continue to be in force in the larger urban area comprised within the'
Corporation until they are replaced by the notifications, rules, bye-laws,
regulations, orders, directions and powers to be made or issued or conferred
under this Act. (1)
Save as otherwise expressly provided herein, all the provisions of
the Hyderabad Municipal Corporations Act, 1955( Act II of 1956) (hereinafter in
this section referred to as the said Act) including the provisions relating to
the levy and collection of any tax or fee except Chapter V and sections 380,
381, 382, 383, 384, 385 and 387 in Chapter XI thereof are hereby extended to
and shall apply mutatis mutandis to a Corporation constituted under this Act
and the said Act shall, in relation to the Corporation be read and construed as
if the provisions of the said Act had formed part of this Act. (2)
For the purpose of facilitating the application of the provisions
of the Hyderabad Municipal Corporations Act, 1955, to the Corporation, the
Government may, by notification, make such adoptations and modifications of the
said Act and the rules and bye-laws made thereunder whether by way of
repealing., amending or suspending any provisions thereof, as may be necessary
or expedient and thereupon the said Act and the rules made thereunder, shall
apply to the Corporation subject to the adoptations and modifications so made. (3)
Notwithstanding that no provision or insufficient provision has
been made under sub-section (2) for the adoptation of the provisions of the
said Act, or the rules made thereunder, any court, tribunal or authority
required or empowered to enforce these provisions may, for the purpose of
facilitating their application to the corporation, construe these provisions in
such manner, without affecting the substance, as may necessary or proper regard
to the matter before the court, tribunal or authority. The Government may, by
notification, direct the Corporation to levy and collect pipeline service
charges from every owner or occupier of a premises to which water connection
has been given at such rate as may be prescribed to the different categories as
may be specified in this regard to defray the capital cost of pipeline service
works undertaken by the Corporation and the operation and maintenance of the
pipeline system from time to time: Provided that no such
charges shall be levied on the owner or occupier of any premises situated in
the areas which are not served by the pipeline system of the Corporation. Where a Municipality ceases
to exist and a Municipal Corporation is constituted in its place under this
Act,-- (1)
all property, all rights of whatever kind, used, enjoyed or
possessed by, and all interests of whatever kind owned by, or vested in, or
held in trust by or for the Municipal Council, with all rights of whatever kind
used, enjoyed or possessed by the said Council as well as all liabilities
legally subsisting against the said Council, shall, on and from the
commencement of this Act and subject to such directions as the Government may,
by general or special order, give in this behalf, pass to the Corporation; (2)
all arrears of taxes or other payments by way of compounding of a
tax, or due for expenses or compensation or otherwise due to the said Council
at such commencement may be recovered as if they had accrued to the Corporation
and may be recovered as if the said arrears or payments had become due, under
the provisions of this Act; (3)
all taxes, fees and duties, which immediately before the
commencement of this Act, were being levied by the said Council, shall be
deemed to have been levied by the Corporation under the provisions of this Act
and shall continue to be, in force accordingly until such taxes, fees and
duties are revised, cancelled or superseded by anything done or any action
taken under this Act; (4) all
proceedings taken by or against the Council or authority or any person under
the Andhra Pradesh Municipalities Act (Act VI of 1965), 1965, may be continued
by or against the Corporation, authority, or person as if the said proceedings
had been started under the provisions of this Act; (5) any
action taken under the Andhra Pradesh Municipalities Act (Act VI Of 1965.)
1965, by any authority before such commencement shall be deemed to have been
taken by the authority competent to take such action under this Act as if this
Act had then been in force; (6)
notwithstanding this Act, every officer or employee who,
immediately before such commencement was in the service of the municipality
shall be deemed to be an officer or employee of the Corporation: Provided that,-- (i)
the terms and conditions applicable to such officers and employees
consequent on their absorption in the service of the Corporation shall not be less
favourable than those applicable to such employees immediately before such
commencement, as pay and allowance, leave, pension, gratuity, provident fund
and age of superannuation; and (ii)
the service rendered by any such officer or other employee under
the municipality upto such commencement shall be deemed to be in service under
the Corporation and he shall be entitled to count that service for the purpose
of increments, leave, pension or provident fund and gratuity; Provided further that any
officer or other employee serving in the Municipality Shall give an opption
to be exercised within such time and such manner as may be prescribed either to
be absorbed in the services of copration or to be retained in
service constitued ,under saection 12 of andhra pradesh muncipalities act (Act
VI of 1965)1965 ,or to be retrenched from the muncipality on such
retreattachment benifits as may be prescribed; (7)
any division of muncipality into Wards made under the andhra
pradesh muncipalities act , 1965 and in force at the commencement
of this act , shall be a division of the corporation; (8)
the electorall roll prepared for the muncipality under the
andhra pradesh (Act VI of 1965.)muncipality act , 1965 and in force
at the constitution of the corporation shall be deemed to be the
electoral roll is prepared and published ; and the part part of the
said electoral roll relating to each ward of the municipality shall be
deemed to be the list of the electoral roll for the corrosponding division of
the corporation. (1)
Whenever a new Municipal Corporation is constituted under this
Act, there shall be appointed by the State Government, by a notification in the
Andhra Pradesh Gazette, a Special Officer to exercise the powers, perform the
duties and discharge the functions of,-- (a)
the Corporation; (b)
the Standing Committee; (c)
the Commissioner; and (d)
the Wards Committee. (2)
The State Election Commission shall cause elections to be held to
the Corporation within one year from the date of its constitution and the newly
elected members shall enter upon office on such date as may be specified by the
Government in this behalf, by a notification in the Andhra Pradesh Gazette (3)
The Special Officer shall exercise the powers, perform the duties
and discharge the functions of the Corporation until the elected members come
into office, of the Standing Committee until a Standing Committee is appointed
by the Corporation, or the Commissioner until a Commissioner is appointed by
the State Government and of the Wards Committees until the wards Committees are
constituted, as the case may be, and any such officer may, if the State
Government so direct, receive remuneration for his services from the municipal
fund. (4)
Until a new special officer is appointed by the Government under
subsection (1), the Special Officer of the Municipality functioning immediately
before the commencement of this Act shall be deemed to be the Special Officer
of the Corporation and he shall exercise the same powers and perform the same
duties and discharge the same functions as those exercised, performed and
discharged by the Special Officer appointed under sub-section (1). (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 Legislative Aseembly 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 Legislative Assembly 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. The Andhra Pradesh
Municipal Corporations Ordinance, 1994 is hereby repealed. [1] Received
the assent of the Governor on the 12th August, 1994, For Statement of objects
and Reasons, Please see Andhra Pradesh Gazette, Part IV-A, Extra-ordinary,
dated the 27th December, 1993 at Page 17.
Preamble 1 - THE ANDHRA PRADESH MUNICIPAL CORPORATIONS ACT, 1994PREAMBLE