ANDHRA PRADESH MUNICIPALITIES ACT, 1965

Preamble - THE ANDHRA PRADESH MUNICIPALITIES ACT, 1965

THE ANDHRA PRADESH MUNICIPALITIES ACT, 1965

[Act No. 6 of 1965]

[01st March, 1965]

PREAMBLE

An Act to consolidate and amend the law relating to municipalities in the State of Andhra Pradesh.

Be it enacted by the Legislature of the State of Andhra Pradesh in the Sixteenth Year of the Republic of India as follows:--

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Andhra Pradesh Municipalities Act, 1965.

 

(2)     It extends to the whole of the State of Andhra Pradesh.

 

(3)     It shall come into force on such date as the State Government may, by [1] [notification in the Andhra Pradesh Gazette], appoint.

Section 2 - Definitions

In this Act, unless the context otherwise requires,--

(1)     "Andhra Area" means the area in the State of Andhra Pradesh other than Telangana area;

 

(2)     'appointment', 'appoint', includes temporary appointment and officiating appointment or to appoint temporarily or in an officiating capacity;

[2](2-a) '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."

(3)     'building' means any structure constructed of any materials for any purpose, and includes a house, outhouse, shop, stable, latrine, shed, hut, wall (other than a boundary wall not exceeding two meters in height), or any part of such building;

 

(4)     'building line' means a line which is in rear of the street alignment and to which the main wall of a building abutting on a street may lawfully extend;

 

(5)     'carriage, means any wheeled vehicle with springs or other appliances acting as springs and includes any kind of bicycle, tricycle, rickshaw and palanquin but does not include any motor vehicle within the meaning of the Motor Vehicles Act, 1939; (Central Act 4 of 1939)[3].

 

(6)     'cart' includes any wheeled vehicle which is not a carriage but does not include any motor vehicle within the meaning of the Motor Vehicles Act, 1939; (Central Act 4 of 1939)[4].

 

(7)     'casual vacancy' means a vacancy occurring otherwise than by efflux of time and 'casual' election means an election held to fill a casual vacancy:

[5](7-a) 'ceiling limit' means the ceiling limit as specified in Section 4 of the Urban Land (Ceiling and Regulation) Act, 1976."

(8)     'chairperson' means the chairperson of the Council;

[6](8-a) 'commissioner' means the person appointed as commissioner under sub-section (1) of Section 29];

(9)     'company' means a company as defined in the Companies Act, 1956 (Central Act 1 of 1956), and includes any foreign company within the meaning of Section 591 of that Act;

 

(10)   'conservancy work' means a person employed in collecting or removing filth, in cleaning drains or slaughter houses or in driving carts used for the removal of filth;

 

(11)   'council' means a municipal council constituted under this Act;

[7][(12) '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 Municipalities;"

[8](13) [- - -]

(14) ?'factory' means any premises including the precincts thereof,--

(i)       Where in any industrial or manufacturing process is carried on with the aid of steam,' water, oil, gas, electrical or any other form of power which is mechanically transmitted and is not generated by human or animal agency; or

 

(ii)      Whereon twenty or more workers are working or were working and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on; but does not include a mine subject to the operation of the Mines Act, 1952 (Central Act 35 of 1952) or a railway running shed;

(15) ?'filth' means-

(a)      night-soil and other contents of latrines, cess-pools and drains;

 

(b)      dung and the useless or refuses or offensive material thrown out in consequence of any process of manufacture, industry or trade; and

 

(c)      putrid and putrefying substances;

[9][(15a) "Finance Commission" means the Finance Commission constituted by the Governor under Article 243-1 of the Constitution of India";]

(16) 'government' means the State Government.

(17) 'house' means a building or hut fit for human occupation, whether as a residence or otherwise, having a separate principal entrance from the common way, and includes any shop, workshop or ware house or any building used for garaging or parking buses or as a bus-stand;

(18) 'hut' means any building which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building of whatever material made, which the council may declare to be a hut for the purposes of this Act;

(19) 'latrine' includes privy, water-closet and urinal;

(20) 'local area' includes any town, village, hamlet, bazar, station or other area or any group of, the same in the immediate neighbourhood of one another but does not include a cantonment governed by the Cantonments Act, 1924 ; (Central Act 2 of 1924).

(21) 'municipal officer' means the principal office of any council;

[10][(22) 'municipality' means a municipality of such grade as may be declared by the Government, from time to time, by notification in the Andhra Pradesh Gazette on the basis of its income and such other criteria as may be prescribed;"]

[11][(22a) 'Nagar Panchayat' means a body deemed to have been constituted under Section 2-A, for a transitional area specified by the Governor under clause (42-a)".]

(23) 'nuisance' includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sence of sight, smell or hearing or disturbance to rest or sleep or which is or may be dangerous to life or injurious to health or property of the public or the people in general who dwell or occupy in the vicinity or persons who may have occasion to use any public right;

(24) 'occupier' includes--

(a)      any person for the time being paying or liable to pay to the owner the rent or any portion of the rent of the land or building or part of the same in respect of which the word is used;

 

(b)      a rent-free occupant;

(25) 'ordinary vacancy' means a vacancy occurring by efflux of time and 'ordinary election' means an election held to fill an ordinary vacancy;

(26) 'owner' includes--

(a)      the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person or estate for any religious or charitable purposes, the rent or profits of the property in connection with which the word is used;

 

(b)      the person for the time being in charge of the animal or vehicle in connection with which the word is used;

(27) 'palanquin' includes tonjons, manchils and chairs carried by men by means of posts, but not slings or cots used for the conveyance of children or aged or sick people;

[12][(27a) 'population' or population at the last census "with all its grammatical variations and cognate expressions, means the population as ascertained at the [13][last census of which all the relevant and necessary figures have been published;]

(28) 'prescribed' means prescribed by the Government by rules made under this Act;

(29) 'private street' means any street, road, square, court; alley, passage or riding path, which is not a public street but does not include a pathway made by the owner of premises on his own land to secure access to, or the convenient use of, such premises;

(30) 'public place' includes any path, garden or ground or any other place to which public have or are permitted to have access;

(31) 'public street' means any street, road, square, court, alley, passage or riding path over which the public have a right of way whether a thoroughfare or not, and includes--

(a)      the roadway over any public bridge or causeway;

 

(b)      the footway attached to any street public bridge or causeway; and

 

(c)      the drains attached to any such street, public bridge or cause way and the land, whether covered or not by any pavement, varandah, or other structure which lies on either side of the roadway upto the boundaries of the adjacent property whether that property is private property or property belonging to the Government;

(32) 'public water-course, springs, wells and tanks' include those used by the public to such an extent as to give a prescriptive right to such use;

[14][[15]["32) (a) 'qualifying date' in relation to the preparation or revision of very electoral roll under this Act means [16][the first day of January or the first day of July of the year in which it is so prepared or revised, whichever is nearest to the date of such preparation or revision]".

(33) 'reconstruction' of a building includes--

(a)      the re-erection, wholly or partially, of a building after more than one half of its cubical contents have been taken down or burnt down or has fallen down whether at one time or not;

 

(b)      the re-erection, wholly or partially, of any building of which an outer wall has been taken down or burnt down or has fallen down to or within ten feet of the ground, adjoining the lowest storey of the building, and of any frame building which has so far been taken down or burnt down or has fallen down, so as to leave only the frame work of the lowest storey;

 

(c)      the conversion into a dwelling house or a place of public worship of any building not originally constructed for human habitation or for public worship, as the case may be,

or the conversion into more than one dwelling house of a building originally constructed as one dwelling house only or the conversion of a dwelling house into a factory, shop, office or warehouse;

(d)      the-re-conversion into a dwelling house or a place of public worship or a factory of any building which has been discontinued as, or appropriated for any purpose other than, a dwelling house or a place of public worship or a factory, as the case may be.

(34) 'regional director' means the Regional Director of Municipal Administration having jurisdiction over the Municipality concerned;

(35) 'residence'--'reside'--a person is deemed to have his 'residence' or to reside in any house, if he sometimes uses any portion thereof as a sleeping apartment ; and a person is not deemed to cease to reside in any such house merely because he is absent from it or has elsewhere another dwelling house in which he resides, if he is at liberty to return to such house at any time and has not abandoned his intention of returning;

(36) 'rubbish' means dust, ashes, broken bricks, mortar, broken glass, and refuse of any kind which is not 'filth';

(37) 'salary' means pay and acting pay or payment by way of commission and includes exchange, compensation allowances but not allowances for house-rent, conveyance or travelling expenses;

(38) 'scheduled castes' means such castes, races or tribes or parts of or, groups within, such castes, races or tribes as are notified to be Scheduled Castes under Article 341 of the Constitution of India in relation to the State of Andhra Pradesh;

(39) 'scheduled tribes' means such tribes, or tribal communities or parts of, or groups within, such tribes or tribal communities as are notified to be Scheduled Tribes under Article 342 of the Constitution of India in relation to the State of Andhra Pradesh;

[17][(40) 'State Election Commission' means the State Election Commission constituted in pursuance of Article 243-K of the Constitution of India";

(41) 'street alignment' means a line dividing the lands comprised in and forming part of a street from the adjoining land;

(42) Telangana area' means the territories specified in Sub-section (1) of Section 3 of the States Reorganisation Act, 1956; (Central Act 37 of 1956);

[18][(42-a) 'transitional area' or 'a smaller 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 he may deem fit, specify by public notification for the purposes of this Act, subject to such rules as may be made in this behalf;

(42-b) Wards Committee' means a Wards Committee constituted under Section 5-B";]

(43) 'watercourse' includes any river, stream or channel whether natural or artificial;

(44) 'year' means the financial year.

Section 2A - Constitution of Nagar Panchayats

[19][(1) Where an area is specified as a transitional area under Clause (42a) of Section 2, a Nagar Panchayat shall be deemed to have been constituted for such transitional area.

(2) ??The provisions of this Act shall apply to a Nagar Panchayat deemed to have been constituted under this section as they apply to a Municipality and to facilitate such application a Nagar Panchayat shall be deemed to be a Municipality;

Section 3 - Constitution of Municipalities

[20][(1) Where a notification is issued specifying an area as a smaller urban area under clause (42-a) of Section 2, a Municipality shall be deemed to have been constituted for such area:

Provided that a Municipality under this clause may not be constituted in sui urban area or part thereof as the Governor may, having regard to the size of the area of the Municipal Services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an Industrial Township.

(2)? ?Where any local area which is within the jurisdiction of any other local authority is constituted as or included in a Municipality, the Government may pass such orders as they may deem fit as to the transfer to the council of such Municipality, or disposal otherwise, of the assets or institutions of any such local authority in the local area and as to discharge of the liabilities, if any or such local authority relating to such assets or institutions.

(3)? ?Where any local area is excluded from a Municipality and included within the jurisdiction of any other local authority, the Government may pass such orders as they deem fit, as to the transfer to such local authority or disposal otherwise, of the assets or institutions of such Municipality in the local area and as to the discharge of the liabilities, if any, of such municipality relating to such assets or institutions.

[21][(4) Every local area which at the commencement of the Andhra Pradesh Municipal Laws (Amendment) Act, 1995 has been constituted into a Municipality shall, until the criteria for specifying a 'transitional area' and 'smaller urban area' are prescribed be deemed to have been specified as a smaller urban area under clause (42-a) of Section 2 and a Municipality of the same grade existing as at such commencement shall be deemed to have been constituted under this Act:

Provided that after the criteria for specifying a 'transitional area' and 'smaller urban area' are prescribed, if a local area which is deemed to have been specified as a smaller urban area does not satisfy the criteria, therefor, but satisfies the criteria, for specifying as a 'transitional area' then it shall be competent for the Government to specify such local area as a transitional area and thereupon a Nagar Panchayat shall be deemed to have been constituted for such transitional area.]

Section 3A - Abolition of Municipalities

[22][(1) The Government may, by notification, abolish any municipality to which this Act applies, wherein the opinion of the Government it is not financially sound or for such other reasons as may be recorded in writing:

Provided that--

(a)      The Government shall, before they issue such notification, communicate to the municipal council the grounds on which they propose to do so, fix a reasonable period for the municipal council to show cause against proposal and consider its explanations and objections, if any

 

(b)      The notification shall contain a statement of the reasons of the Government and shall be laid before the Andhra Pradesh Legislative Assembly.

(2) ???From such date as may be specified in such notification, the provisions of this Act and all notifications rules, bye-laws, regulations, orders, directions and powers issued, made or conferred under this Act, shall cease to apply to the area previously comprised in the municipality ; the balance of the municipal fund and all other property vested in the municipal council and all its liabilities shall stand transferred to the Government or to such local or other authority or to such officer or other person as they may, by order, direct."

Section 4 - The Municipal authorities

The municipal authorities charged with carrying out the provisions of this Act are--

(a)      a Council;

 

(b)      a Chairperson;

[23][(c) a Commissioner;)

[24][(d) the Wards Committee.]

(A) COUNCIL

Section 5 - Constitution of Municipal Council

[25][(1) There shall be constituted for each municipality a body of membes to be called the Municipal Council having authority over the municipality.

(2)? ?The Council 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:

Provided that the number of members to be elected in respect of each council existing at the commencement of the Andhra Pradesh Municipal Laws (Second Amendment) Act, 1994 shall be as it stood at such commencement until such number is revised by the Government in accordance with the principles prescribed;"

(ii)      every Member of the Legislative Assembly of the State representing a constituency of which a Municipality or a portion thereof forms part:

[26][Provided that a Member of the Legislative Assembly representing a Constituency which comprises more than one Municipality including a part of any Municipality, shall be ex-officio member of one such Municipality, which he chooses within a period of thirty days from the date of conduct of ordinary elections to the Municipalities or the date of election as Member of the Legislative Assembly by notice in writing duly signed by him and delivered to the Commissioner of that Municipality or Nagar Panchayat and he shall also have the right to speak in and otherwise take part in the proceedings of any meeting of the other Councils comprised within the Constituency, but shall not be entitled to vote at any such meeting. The intimation so given shall be final and irrevocable. In default of such intimation within the aforesaid period, the Election Authority shall decide the Municipality and inform the Member of the Legislative Assembly.]

(iii)     every member of the House of the People representing a constituency of which a Municipality or a portion thereof forms part:

[27][Provided that a Member of the House of the People representing a Constituency which comprises more than one Municipality including a part of any Municipality, shall be ex-officio member of one such Municipality, which he chooses within a period of thirty days from the date of conduct of ordinary elections to the Municipalities or the date of election as Member of the House of the People by notice in writing duly signed by him and delivered to the Commissioner of that Municipality or Nagar Panchayat and he shall also have the right to speak in and otherwise take part in the proceedings of any meeting of the other Councils comprised within the Constituency, but shall not be entitled to vote at any such meeting. The intimation so given shall be final and irrevocable. In default of such intimation within the aforesaid period, the Election Authority shall decide the Municipality and inform the Member of the House of the People.]

(iv)    every Member of the Council of states registered as an elector within the Municipality ex-officio;

[28]["(v) Persons having special knowledge or experience in Municipal Administration co-opted by the Municipal Council whose number shall be one in the case of a Nagar Panchayat two in the case of a Municipality having population of less than three lakhs and three in the case of a Municipality having a population of three lakhs or more:

Provided that in the case of a Municipality which has more than one co-opted member, one member shall be a woman:

Provided further that the member co-opted under this clause shall have the right to speak in and otherwise to take part in the meetings of Nagar Panchayat or the Municipality, as the case may be, but shall not have the right to vote."]

(vi) ??One person belonging to minorities to be co-opted in the prescribed manner by the members specified in clauses (i) to (iv) from among the persons who are registered voters in the Municipality and who are not less than twenty-one years of age:

Provided that the member coopeted under this clause shall have the right to speak in and otherwise to take part in the meetings of the Nagar Panchayat or the Municipality, as the case may be, [29]with out right to vote".

Section 5A - Symbols for election to the offices of Chairperson and Members

[30][The election authority shall by notification in the Andhra Pradesh Gazette specify the symbols including the symbols reserved for a recognised political party for exclusive allotment to contesting candidates set up by that party, that may be chosen by the candidates contesting at an election to the offices of Chairperson and Members and the restrictions to which their choice shall be subject.

Explanation.--In this section the term "recognised political party" shall have the meaning assigned to it in the Election Symbols (Reservation and Allotment) Order, 1968 issued under Article 324 of the Constitution of India.]

Section 5B - Constitution powers and functions of the Wards Committees

[31][(1) In respect of a Municipality having population of three lakhs or more there shall be constituted by the Commissioner and Director of Municipal Administration, by order, such number of Wards Committees as may be determined by him, so however, that each Wards Committee shall consist of not less than five Wards:

Provided that in constituting wards Committees, the Commissioner shall maintain geographical contiguity as far as possible:

Provided further that the Commissioner and Director of Municipal Administration may in respect of municipalities having population of less than three lakhs constitute Wards Committees subject to such conditions and in accordance with such rules as may be made in this behalf.

(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 Municipality 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 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.

(5)? ?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."]

Section 6 - Incorporation of Council

The council constituted under Section 5 shall, by the name of the municipality, be a body corporate, shall have perpetual succession and a common seal and subject to any restriction or qualification imposed by this Act or any other law shall be vested with the capacity of suing or being sued in its corporate name, acquiring, holding and transferring property, entering into contracts and doing all things necessary for the purposes of this Act.

Section 7 - Special provision in the case of newly constituted and reconstituted councils

(1)     Notwithstanding any other provision in this Act, where a municipality is constituted for the first time, the Government may appoint a Special Officer to exercise the powers, discharge, the duties and perform the functions of the council, [32][its Chairperson, its Wards Committees'] [33][its Committees referred to in Sections 43 and 74], and [34][the Commissioner].

 

(2)     The Special Officer shall cause arrangements for election to be made so that [35][the Chairperson and the elected members] [36][ - - - ] may come into office on such date as may be specified by the Government by an order made in this behalf:

Provided that the Government may, from time to time, postpone the date within a period of one year so specified if, for any reason, the elections cannot be completed before such date.

[37][(2A) Notwithstanding anything contained in this Act, every Special Officer appointed under sub-section (1) read with Sub-section (6) to any municipality in the State, shall cause arrangements for election to be made to that municipality so that the elected councillors and the Chairperson thereof may come into office on such date as may be specified by the Government by an order made in this behalf;

[38](3) ?The Special Officer shall exercise the powers, discharge the duties and perform the functions of the council until the elected councillors come into office, of the[39] [Chairperson until a Chairperson is elected, of the Wards Committees until the Wards Committees are constituted], "of the committees referred to in Sections 43 and 74 until committees thereof have been constituted" and of the Commissioner until a Commissioner has been appointed, as the case may be]; elected [40](and comes into office] and of a [41][Commissioner] has been appointed, as the case may be.

(4) [42][- - -]

[43][(5) The term of office of the elected members and the Chairperson of a Municipality referred to in subsection (1) shall be co-terminus with the elected members and the Chairpersons of the Municipalities in the State elected in the last preceding ordinary elections.]

(6) ??The provisions of sub-sections (1) to (5) shall so far as may be, apply to all cases of reconstitution of councils, unless otherwise provided in this Act.

(7) ??Where the number of seats on a council is increased by or in consequence of a notification under sub-section (1) of Section 5, the members elected for the additional seats or the members elected in their places at casual vacancies shall hold office until the date on which the members elected to the original seats at the ordinary elections immediately preceding will vacate office.

Section 8 - Reservation of seats

[44][(1) In every municipality out of the total strength of elected members determined under Section 5, the Government shall, subject to such 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 Municipal Council, as the population of the Scheduled Castes, or as the case may be, of the Scheduled Tribes in that Municipality bears to the total population of that Municipality; and such seats may be allotted by rotation to different Wards in a Municipality;

 

(b)      One third of the total number of seats to the Backward Classes and such seats may be allotted by rotation to different Wards in the Municipality;

 

(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 or 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, Scheduled Tribes and Backward Classes) of the total number of seats to be filled by the direct election to every Municipal Council, for women and such seats may be allotted by rotation to different Wards in a Municipality.

Explanation I.--In this section the expression "Scheduled Castes, Scheduled tribes" shall have the meanings respectively assigned to them in the Clause (24) and Clause (25) of Article 366 of the Constitution of India.

Explanation II.--[Omitted by A.P. Act 1 of 1995 (w.e.f. 3-2-1995).

(2) ??Nothing in sub-section (1) shall be deemed to prevent women and members of the Scheduled Castes, Scheduled Tribes or Backward Classes from standing election to the non-reserved seats in the Municipality.]

Section 9 - Reservation of Office of members and chairperson to cease after certain date

[45][The provisions of Sections 8 and 23 relating to the reservation of office of members or the Chairperson for the Scheduled Castes and Scheduled Tribes [46][shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India.]

Section 10 - Division of municipalities into wards, etc., for the purpose of election of members

(1)     For the purpose of election of members to a council, the Government may, after consulting the council, by notification in the Andhra Pradesh Gazette,--

[47][(a) divide the municipality into as many as single member wards as the number of members notified under Section 5.1

[48][ * * * ]

(b) ??determine the wards in which the seats, if any, reserved under sub-section (1) of Section 8 shall be set apart; and

(c) ??declare for whom such seats are reserved.

[49](2) [* * *]

(3) ??All the elector of a ward shall be entitled to vote at an election to any seat in the ward whether reserved or not.

[50][(3-A) Where a notification issued under sub-section (1) results in the material alteration of the existing division of a municipality into wards, the Government may direct that the alteration shall take effect from the date of next ordinary elections.

(3-B) Where any local area within the jurisdiction of any other local authority is included in a Municipality under Section 3 the local area shall be added to such adjoining ward or wards of the municipality, as the Government may direct.]

[51][(4) When a new ward is formed] or when an existing ward is abolished, the election authority shall, with the approval of the Government, determine--

(a)      the ward which each elected Member then on the council shall be deemed to represent; and

 

(b)      the ward or wards in which elections shall be held to fill the vacancies, if any, in the council.

Section 10A - State Election Commission

[52][The preparation of electoral rolls for, and the conduct of elections to, all municipalities in the State shall be under the superintendance, direction and control of the State Election Commission.]

Section 11 - Preparation and publication of electoral roll for a municipality

[53][(1) The electoral roll for a municipality shall be prepared and published by the person authorised by the State Election Commissioner in such manner by reference to such qualifying date as may be prescribed and the electoral roll for a municipality shall come into force immediately upon its publication in accordance with the rules made by the Government in this behalf. The electoral roll for a municipality shall consist of such part of the electoral roll for the Assembly Constituency published under the Representation of the People Act, 1950 (Central Act 43 of 1950) as revised or amended under the said Act, up to the qualifying date as relates to a municipality or any portion thereof:

Provided that any amendment, transposition or delection of any entries in the electoral roll, or any inclusion of names in the electoral roll of the Assembly Constituencies concerned, made by the Electoral Registration Officer under Section 22 or Section 23, as the case may be, of the Representation of the People Act, 1950, upto the date of election notification, for any election held under this Act, shall be carried out in the electoral roll of the municipality and any such names included shall be added to the part relating to the concerned ward.

Explanation.--Where in the case of any Assembly Constitutency there is no district part of the electoral roll relating to the municipality, all persons whose names are entered in such roll under the registration area comprising the municipality and whose addresses as entered are situated in the municipality shall be entitled to be included in the electoral roll for the municipality prepared for the purposes of this Act.

(2) ??The electoral roll for a municipality,--

(a)      shall be prepared and published in the prescribed manner by reference to the qualifying date,--

 

(i)       before each ordinary election; and

 

(ii)      before each casual election to fill a casual vacancy in the office of the Chairperson or Member of Municipality; and

 

(b)      shall be prepared and published, in any year, in the prescribed manner, by reference to the qualifying date, if so, directed by the State Election Commission:

Provided that if the electoral roll is not prepared and published as aforesaid, the validity or continued operation of the said electoral roll, shall not thereby be affected.

(3) ??When a municipality has been divided into Wards, the Electoral Roll for the Municipality shall be divided into separate lists for each wards.

(4) ??Where after the electoral roll for a municipality or any alteration thereto have been published under sub-section (2), the Municipality is divided into wards for the first time or the division of the Municipality into wards is altered or the limits of the Municipality are varied, the person authorised by the State Election Commission in this behalf shall, as soon as may be after such division or alteration or variation, as the case may be, in order to give effect to the division of the Municipality into wards or to the alteration of the variation of the limits, as the case may be, authorise a rearrangement and republication of the electoral roll for the Municipality or any part of such roll, in such manner as the State Election Commission may direct.

(5) ??The electoral roll published under sub-section (1) or as the case may be under sub-section (4) shall be the electoral roll for the municipality and it shall remain in force till a fresh electoral roll for the municipality is published under this section.

(6) ??Every person whose name appears in that part of the electoral roll relating to a ward shall subject to the other provisions of this Act, be entitled to vote at any election which takes place in that ward while the electoral roll remains in force and no person whose name does not appear in such part of the electoral roll shall vote at any such election.

(7) ???No person shall vote at an election under this Act in more than one ward or more than once in the same ward and if he does so, all his votes shall be invalid.

Explanation.--In this section, the expression "Assembly Constituency" shall mean a constituency provided by law for the purpose of elections to the Andhra Pradesh Legislative Assembly.]

Section 12 - [Omitted]

[54][ - - - ]

Section 13 - Qualification of candidates

A person shall be qualified for election as a member only if his name appears on the electoral roll for the municipality 3 and if he is not less than twenty one years of age.

Section 13A - General Disqualification

[55][A person shall be disqualified for being chosen as, or for being a member of a Municipality if he is disqualified by or under any law for the time being in force for the purpose of elections to the legislature of the State concerned:

Provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty one years.

Section 13B - Persons having more than two children to be disqualified

A person having more than two children shall disqualified for election or for continuing as member:

Provided that the birth within one year from the date of commencement of the Andhra Pradesh Municipal Laws (second Amendment) Act, 1994 (hereinafter in this section referred to as the date of such commencement) of an additional child shall not be taken into consideration for the purposes of this Section:

Provided further that a person having more than two children (including the child if any born within one year from the date of such commencement) shall not be disqualified under this section for so long as the number of children he had on the date of such commencement does not increase:

Provided also that the Government may direct that the disqualification in this section shall not apply in respect of person for reasons to be recorded in writing.]

Section 14 - Disqualification for election or for holding office as a member

A person holding an office of profit under a municipality, the Central Government or the State Government shall be disqualified for election or for holding office as member:

Provided that a person shall not be deemed to hold an office of profit under municipality by reason only, that he is a chairperson or member of a municipality in the State:

Provided further that a village officer who is not actually performing the functions or discharging the duties as such officer shall not be so disqualified.

Section 15 - Other disqualifications of candidates

(1)     A person who has been sentenced by a Criminal Court?

 

(a)      to imprisonment for an offence under the Untouchability (Offences) Act, 1955; (Central Act 22 of 1955).

 

(b)      [56][* * *] for any offence other than an offence of political character or any offence not involving moral delinquency, such sentence not having been suspended, reversed or the offence pardoned

shall be disqualified for election as a member while undergoing the sentence and for five years from the date of the expiration thereof.

(2)     A person shall be disqualified for election as a member if such person is, on the date fixed for scrutiny of nomination for election?

 

(a)      of unsound mind and stands so declared by a competent Court, a deaf-mute or suffering from leprosy;

 

(b)      an applicant to be adjudicated an insolvent or undischarged insolvent;

 

(c)      interested in a subsisting lease or contract entered into with or any work being done for, the council except as a share-holder, other than a director, in a company:

Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in--

(i)       any sale or purchase of immovable property or any agreement for the same; or

 

(ii)      any public loan raised by municipality or any security for the payment of money only; or

 

(iii)     any newspaper in which any advertisement relating to the affairs of the council is inserted; or

 

(iv)    the sale to the council of any articles in which he regularly trades, or the purchase from the council of any articles to a value in either case not exceeding five hundred rupees in the aggregate in any year during the period of the contract or work;

 

(v)      the occasional letting out on hire to the municipality or hiring from the municipality of any article for an amount not exceeding in aggregate in any one year five hundred rupees;

 

(d)      employed as a paid legal practitioner on behalf of the council or as a legal practitioner against the council;

 

(e)      an honorary magistrate for the municipal town;

 

(f)       already a member whose term of office as such will not expire before his fresh election can take effect, or has already been elected a member whose term of office has not yet commenced;

Explanation.--Nothing in this clause, shall be construed as disqualifying a sitting member of a municipality for re-election as member to that municipality;

(g)      the employee or employer or the official subordinate or official superior of a member holding office on the said date;

 

(h)     in arrears of any kind due by him otherwise than in a fiduciary capacity to the municipality upto and inclusive of the previous year in respect of which a bill or notice has been duly served upon him and the time if any specified therein for payment, has expired; or

 

(i)       dismissed form service of the Central Government the State Government, any municipality or any local authority for misconduct.

Section 16 - Disqualification of members

(1)     Subject to the provisions of Section 17, a member shall cease to hold his office, if he?

 

(a)      is sentenced by a Criminal Court to such punishment and for such offence as is described in Subsection (1) of Section 15;

 

(b)      becomes of unsound mind and stands so declared by a competent Court;

 

(c)      is a deaf-mute or is suffering from leprosy;

 

(d)      applies to be adjudicated or is adjudicated an insolvent;

 

(e)      subject to the proviso to Clause (c) of Sub-section (2) of Section 15, acquires any interest in any subsisting contract made with, or work being done for, the council except as a share-holder, other than a director, in a company;

 

(f)       is employed as a paid legal practitioner on behalf of the council or legal practitioner against the council;

 

(g)      is appointed as an officer or servant under this Act or as an honorary magistrate for the municipal town;

 

(h)     accepts employment under or becomes the official subordinate of any other member;

 

(i)       ceases to reside for a period of more than six months in the municipality or within two kilometers from the outer limits therefrom;

 

(j)       fails to pay arrears of any kind due by him, otherwise than in a fiduciary capacity, to the municipality within three months after a bill or notice has been served upon him under this Act, or where, in the case of any arrears, this Act does not require the service of any bill or notice, within three months after a notice requiring payment of the arrears, which notice is shall be the duty of the Commissioner to serve at the earliest possible date, has been duly served upon him by the Commissioner;

 

(k)      absents himself from the meetings of the council for a period of three consecutive months reckoned from the date of the commencement of his term of office, or of the last meeting which he attended, or if his restoration to office as member under Subsection (3) as the case may be, or if within the said period less than three ordinary meetings have been held absents himself from three consecutive ordinary meetings held after the said date:

Provided that in the case of a woman member a period of not more than two months at a time shall be excluded in reckoning the period of absence aforesaid if, for reasons of physical disability due to advanced stage of pregnancy and of delivery, such member absents herself from meetings of the council after giving a written intimation to the Commissioner of the date from which she would be absent:

Provided further that no meeting from which a member absented himself shall be counted against him under this clause if notice of that meeting was not duly served on him.

Provided also that nothing in this clause shall apply to an ex-officio councillor.

Explanation.--For the purpose of this clause,--

(i)       'ordinary meeting' shall mean a meeting referred to in sub-rule (1) of Rule 2 in Schedule I.

 

(ii)      where a meeting other than an ordinary meeting intervenes between one ordinary meeting and another ordinary meeting, those two ordinary meetings shall be regarded as being consecutive to each other.

 

(2)     Where a person ceases to be a councillor under Clause (a) of sub-section (1) or under Section 19, he shall be restored to office for such portion of the period for which he was elected as may remain unexpired at the date of such restoration if and when the sentence or order is annulled on appeal or revision and any person elected to fill the vacancy in the interim shall on such restoration, vacate office.

 

(3)     Where a person ceases to be a councillor under Clause (k) of sub-section (1), the Commissioner shall at once intimate the fact in writing to such person and report the same to the council at its next meeting. If such person applies for restoration to the council on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation; the council may at the meeting next after the receipt of such application, or suo motu restore him to the office of member;

[57][- - -]

Provided that a councillor shall not be so restored more than thrice during his term of office.

Section 16A - [Omitted]

[58][ - - - ]

Section 16B - [Omitted]

[59][ - - - ]

Section 16C - [Omitted]

[60][ - - - ]

Section 17 - District Judge to decide questions of disqualifications of members

(1)     Where an allegation is made by any voter or authority to the [61][Commissioner] in writing that any person who is elected as a member has not qualified or has become disqualified under [62][Section 13, Section 13-A, Section 13-B, Section 14, Section 16 or Section 19 and the [63][Commissioner] has given intimation of such allegation to the member and such member disputes the correctness of the allegation so made or where any member himself entertains any doubt whether or not he has become disqualified under any of those sections.

 

(a)      such member or any other member may, within a period of two months from the date on which such intimation is given or doubt is entertained, as the case may be; and

 

(b)      the Commissioner shall, either on the direction of the council or with the approval of the Government if no such direction is given within a period of two months from the date of placing of the matter by the Commissioner before the council, apply for a decision to the District Judge of the district in which the municipality is situated.

[64](1A) [ - - - ]

(2)     The said Judge, after making such inquiry as he deems necessary, shall determine whether or not such person disqualified and his decision shall be final.

 

(3)     Pending such decision, the member shall be entitled to act, as if he was not disqualified.

Section 18 - Infringement of secrecy of election

Infringement of secrecy of election.--

Election offences

Every polling officer, clerk or other person in attendance at the polling room who, except for some purpose authorised by law, communicates to any person any information showing directly or indirectly for which candidate any voter, has voted, and every person who by any improper means procures any such information, shall be punished with imprisonment of either description which may extend to six months or with fine or with both.

Section 19 - Disqualification of persons convicted of election offences

Every person convicted of an offence punishable under Section 18 or under Chapter IX-A of the Indian Penal Code shall be disqualified from voting or from being elected in any election to which this Act applies from holding the office of member for a period of five years or from the date, of his conviction or for such shorter period as the court may, by order, determine.

Section 20 - Term of office of members and filling of seats

[65][(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 elected authority for the first meeting of the Council;

[66][- - -]

(b) ???An ex-officio member shall hold office so long as he continues to be the member of the Legislative Assembly of the State or as the case may be, of the House of the People,

[67][(2) Ordinary vacancies in the office of the members shall be filled at ordinary elections which shall be completed before the expiry of the term of office of the members.]

(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;"

(4) ??Ordinary vacancies of the office of members shall be filled at ordinary elections which shall be fixed by the election authority to take place on such days in the months of April and May next preceding the vacancies as he thinks fit:

Provided that the Government may, for sufficient cause, direct or permit the holding of any ordinary election after the end of May.

(5) ???A member elected at an ordinary election hereafter the occurrence of a vacancy shall enter upon office forthwith but shall hold office only so long as he would have been entitled to hold office if he has been elected before the occurrence of the vacancy.

Section 21 - Casual vacancies of Ward Members

[68](1) ?A casual vacancy in the office of the Ward Member shall be filed at a casual election which shall be fixed by the election authority to take place twice in a year, one in the month of April and another in the month of October:

Provided that no causal election shall be held to fill a vacancy occurring within three months before the date on which the term of office of the Ward Member expires by efflux of time and that such vacancy shall be filled at the next ordinary election.

(2)? ?A member elected to a casual vacancy shall enter upon office forthwith but shall hold office so long only as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

Section 21A - Postponement of casual elections to the office of members and Chairperson

[69][Notwithstanding anything in this Act, or the rules made thereunder, it shall be lawful for the Government, to postpone, from time to time by general or special order, and for reasons specified therein, any election to fill a casual vacancy in the office of a Chairperson or a member of a municipality:

Provided that the total period of such postponement shall in no case exceed one year".

Section 22 - Procedure when no member is elected

(1)     If at an ordinary or casual election held under Section 20 or Section 21, no member is elected, a fresh election shall be held on such day as the election authority may fix.

 

(2)     The term of office of a member elected under this section shall expire at the time at which it would have expired if he had been elected at the ordinary or casual election, as the case may be.

Section 23 - Election of Chairperson

[70][(1) (a) In the case of every municipality, the Chairperson shall be elected by the persons whose names appear in the electoral roll for the municipality, from among themselves, in the manner prescribed. A person shall not be qualified to stand for election as Chairperson unless he is not less than twenty-one years of age.

(b) ??If at any election held under this sub-section no Chairperson is elected, a fresh election shall be held:

Provided that if a member of the Legislative Assembly of the State or of either House of Parliament is elected as Chairperson, he shall cease to hold the said office of Chairperson unless within fifteen days from the date of election to the said office, he ceases to be a member of the Legislative Assembly of the State or as the case may be, of either House of Parliament and if a Chairperson subsequently becomes a Member of the Legislative Assembly of the State or as the case may be, of either House of Parliament, he shall cease to hold the said office of the Chairperson unless, within fifteen days from the date on which he so becomes such Member he ceases to be Member of Legislative Assembly of the State or as the case may be, of either House of Parliament:

[71][- - -]

[72][Explanation.---------- - ]

[73][(c) ?out of the total number of offices of Chairperson in the State, the Government shall, subject to such rules as may be prescribed, by notification reserve,--

(i)       such number of offices to the Scheduled Castes and Scheduled Tribes as may be determined subject to the condition that the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices to be filled in the State as the population of the Scheduled Castes or Scheduled Tribes, as the case may be, in the Municipalities of the State bears to the total population in the Municipalities of the State and such offices may be allotted by rotation to different Municipalities in the State;

 

(ii)      one third of the offices to the Backward Classes and such offices may be allotted by rotation to different municipalities in the States;

 

(iii)     not less than one third of the total number of offices reserved under clauses (i) and (ii) for women belonging to the Scheduled Castes, Scheduled Tribes, or as the case may be Backward Classes; and

 

(iv)    not less than one third (including the number of offices reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the Backward Classes) of the total number of offices to be filled in the State, for women; and such offices may be allotted by rotation to different Municipalities in the State.]

(2) ??The election of the Chairperson may be held ordinarily at the same time and in the same place, as the ordinary election of the Members of the municipality.

(3)?? Save as otherwise expressly provided in this Act, the term of office of the Chairperson who is elected at an ordinary election shall be five years from the date, appointed by the election authority for the first meeting of the council:

[74][. . .]

(4) ??Subject to the provisions of sub-section (5), any casual vacancy in the office of the Chaiperson shall be filled at a casual election and a person elected as Chairperson in any such vacancy shall enter upon office forthwith and hold office only so long as the person in whose place he is elected would have been entitled to hold office, if the vacancy had not occurred.

(5)? ?No casual vacancy in the office of the Chairperson shall be filled within [75][six months] before the date on which the ordinary election of the Chaiperson under subsection (1) is due.

 

(6) ??The provisions of [76][Sections 13-A to 19 (both inclusive)] shall, as far as may be, apply in relation to the office of the Chairperson, as they apply in relation to the office of an elected member.

(7) ??The Chairperson shall, by virtue of his office be a member of the municipality and shall have all the rights and privileges of an elected member of municipality and he shall be entitled to vote all the meetings of the Council."

Section 24 - [Omitted]

[Omitted by A.P. Act 22 of 1981]

Section 25 - Election of Vice-Chairperson

(1)       Every council shall elect one of its elected members to be its Vice-Chairperson within fifteen days from the date of election of the Chairperson, in the manner prescribed.

[77][ * * * ]

(2)       The ex-officio members other than the ex-officio member specified in Clause (iv) of sub-section (2) of Section 5 shall be entitled to participate in the meeting convened for the election of the Vice-Chairperson.

 

(3)       If any election held under sub-section (1) no Vice-Chairperson is elected, a fresh election shall be held for electing a Vice-Chairperson.

 

(4)       The Vice-Chairperson shall be deemed to have assumed office on his being declared as such.

Section 26 - Cessation of office of Chairperson and Vice-Chairperson

The Chairperson shall cease to hold office as such, on his becoming disqualified for holding the office or on his removal from office or on the expiry of his term or on his otherwise ceasing to be Chairperson ; and the Vice-Chairperson shall cease to hold office as such, on the expiry of the term of office as a councillor or his otherwise ceasing to be a member.

Section 26A - Procedure when office of Chairperson is vacant

(1)     Where the officer of the Chairperson falls vacant, the Vice-Chairperson shall perform the functions of the Chairperson until a new Chairperson is elected. Immediately on the occurrence of such vacancy, the Commissioner shall intimate the fact to the election authority and the election authority shall arrange the election of the Chairperson.

 

(2)     Where the office of the Chairperson is vacant and there is either a vacancy in the office of the Vice-Chairperson, or the Vice-Chairperson has been continuously absent from jurisdiction for more than fifteen days or is incapacitated for more than fifteen days, the District Collector in the case of a special selection grade municipality or the Revenue Divisional Officer, in the case of any other municipality, shall, notwithstanding anything in this Act or in the rules and notifications issued thereunder, exercise the powers and perform the functions of the Chairperson until a new Chairperson or Vice-Chairman is elected, or the Vice-Chairperson returns to jurisdiction or recovers from incapacity.

Section 27 - Notification of elections

All elections of members Chairperson and Vice-Chairperson shall, as soon as may be, be notified in the prescribed manner.

Section 28 - Requisitioning of premises and vehicles for election purposes

[78][(1) If it appears to the Government that in connection with any election held under this Act.--

(a)      any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or

 

(b)      any vehicle is needed or is likely to be needed for the purpose of transport of personnel or ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, the Government may, by order in writing, requisition such premises or such vehicle, as the case may be, and may make such further orders as may appear to them to be necessary or expedient, in connection with the requisitioning:

Provided that no vehicle which being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this subsection until the completion of the poll at such election.

(2) ??The requisition shall be effected by an order in writing addressed to the person deemed by the Government to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed.

(3) ??Whenever any property is requisitioned under subsection (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.

Explanation.--For the purpose of this section, 'premises' means any land, building, part of a building and include a hut, shed or other structure or any part thereof; Vehicle' means any vehicle used or capable of being used, for the purpose of road transport, whether propelled by mechanical power or otherwise.

Section 28A - Payment of Compensation

(1)     Whenever in pursuance of Section 28, the Government requisition any premises, there shall be paid to the person interested compensation the amount of which shall be determined by taking into consideration the following, namely:

 

(i)         the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality:

 

(ii)        if in consequence of the requisition of the premises, the person interested is compelled to change his residence or place of business the reasonable expenses, if any, incidental to such change:

Provided that where any person interested, being aggrieved by the amount of compensation so determined, make an application within the prescribed time to the Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Government may determine:

Provided further that where there is any dispute as to the title to receive the compensation or as to the appointment of the amount of compensation, it shall be referred by the Government to an arbitrator appointed in this behalf by the Government for determination and shall be determined in accordance with the decision of such arbitrator.

Explanation.--In this sub-section, the expression 'person interested' means the person who was in actual possession of the premises requisitioned under Section 28 immediately before the requisition, or where no person was in such actual possession, the owner of such premises.

(2)     Whenever in pursuance of Section 28, the Government requisition any vehicle there shall be paid to the owner thereof compensation, the amount of which shall be determined by the Government on the basis of the fares or rate prevailing in the locality for the hire of such vehicle:

Provided that where the owner of such vehicle, being aggrieved by the amount of compensation so determined, makes an application within the prescribed time to the Government for referring the matter to an arbitrator the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Government may determine:

Provided further that where immediately before the requisitioning, the vehicle was by virtue of hire purchase agreement, in the possession of a person, other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon and in default of agreement, in such manner as an arbitrator appointed by the Government in this behalf may decide.

Section 28B - Power to obtain information

The Government may, with a view to requisitioning any property under Section 28 or determining the compensation payable under Section 28-A, by order, require any person to furnish to such authority as may be specified in the order, such information in his possession relating to such property as may be so specified.

Section 28C - Eviction from requisitioned premises

(1)     Any person remaining in possession of any requisitioned premises in contravention of any order made under Section 28 may be summarily evicted from the premises by any officer empowered by the Government in this behalf.

 

(2)     Any officer so empowered may, after giving to any woman not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.

Section 28D - Penalty for contravention of any order regarding requisitioning

If any person contravences any order made under Section 28 or Section 28-B, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.

Section 29 - Appointment of Commissioner

(1)     The Government shall appoint a [79][Commissioner] for a municipality who shall be the executive authority of that municipality:

Provided that person holding office as commissioner or executive officer, as the case may be, of a municipality immediately before the commencement of this Act, shall be, deemed to have been appointed by the Government as Commissioner under this sub-section.

(2)     In the case of any municipality where it is considered necessary to do so, the Government may also appoint a Deputy [80][Commissioner] to assist the Commissioner.

 

(3)     The classification and methods, recruitment, conditions of service including pay, allowances and disciplinary conduct of the officers appointed under sub-sections (1) and (2) shall be subject to the rules made under Section 72:

Provided that the conditions of service, including pay and allowances of a person holding office as Commissioner or Executive Officer, as the case may be, of a municipality immediately before the commencement of this Act shall not be varied to his disadvantage.

(4)     The Government shall pay, out of the consolidated fund of the State, the salaries, allowances, leave allowances, pension and contributions, if any, towards the provident fund, provident-cum-pension fund of the officers appointed under Sub-section (1) or Sub-section (2), as the case may be.

 

(5)     The withdrawal of any officer appointed under Subsection (1) or Sub-section (2) from any municipality shall be governed by the provisions of Sub-section (2) of Section 72.

Section 30 - Vesting of municipal administration in the council

Subject to the provisions of this Act, the municipal administration shall vest in the council, and for this purpose the council shall exercise such powers and perform such functions as may be conferred upon it by or under this Act:

Provided that the council shall not be entitled to exercise the powers or to perform the functions which are expressly assigned by or under this Act or any other law to the Chairperson, [81][ - - - ] or the [82][Commissioner].

Section 31 - Council's power to call for records

The council may, at any time, require the Chairperson to produce any document which is in his custody. The Chairperson shall comply with every such requisition unless in his opinion compliance therewith would be prejudicial to the interests of the council or of the public, in which case he shall make a declaration in writing to that effect.

Section 31A - Appointment of Committees

[83][(1) A Council may constitute committees or may appoint individual members to enquire into and report or advise on any matters which it may refer to them and such committees or individuals shall have power to call for such records as are deemed necessary for examining the matters referred to them. [84][In particular the council may constitute committee consisting of the Chairperson, the Commissioner and not less than three but not more than seven members, chosen in this behalf by the council [85][ - - - ] in respect of matters pertaining to formulation review and general superintendence of development programmes relating to education, health, sanitation, water supply, drainage and welfare of the Scheduled Castes, Scheduled Tribes, Backward Classes, women and children.

(2) ??It shall be lawful for the council, from time to time, by a resolution supported by not less than one-half of the sanctioned strength of the council to appoint as members of any committee any persons who are not members but who may in the opinion of such council posses special qualifications for serving on such committee. But the number of persons so appointed on any committee shall not exceed one third of the total number of members of such committee. All the provisions of this Act relating to the powers, duties, liabilities and disqualifications and disabilities of members shall, save as regards the disqualification on the ground of residence, be applicable, so far as may be, to such persons].

[86][(3) The term of the members of the committees constituted under sub-section (1) and of those constituted under Sections 43 and 74 shall be one year, and the retiring members shall be eligible for re-appointment or reelection as the case may by to such committee.]

Section 32 - Rules and regulations for proceedings of council

The council shall observe the rules in Schedule I and may make regulations not inconsistent therewith or with other provisions of this Act or any rules made by the Government in regard to the following matters, namely.--

(a)      the time and place of its meetings;

 

(b)      the manner in which notice thereof shall be given;

 

(c)      the preservation of order and the conduct of proceedings at meetings, and the powers which the Chairperson may exercise for the purpose of enforcing his decisions on points of order;

[87][(d) the transaction of business by any committee constituted under Section 31-A];

(e) ??the persons by whom receipts may be granted for money paid to the council ; and

(f) ???all other similar matters.

Section 33 - Acts of council etc., not to be invalidated by defect in constitution, vacancy, etc.

No act of a council [88][ - - - ] or of any person acting as the Chairperson, Vice-Chairperson, [89][ - - - ] or member shall be deemed to be invalid by reason only of a defect in the constitution of the municipality [90][- - -] on the ground that the Chairperson, Vice-Chairperson [91][ - - - ] the member was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity or illegality in his election or by reason of such act having been done during the period of any vacancy in the office of the Chairperson, Vice-Chairperson [92][ - - - ] or member.

Section 34 - Council to submit annual administration report to Government and to furnish information relating to its plan schemes to Zilla Parishad

(1)     As soon as may be after the first day of April, in every year, and not later than such date as may be fixed by the Government through the District Collector a report on the administration of the municipality during the preceding year in such form and with such details as the Government may direct. If the District Collector makes any remarks on the report, such remarks shall be forwarded to the council and the council shall be entitled, within such time as the Government may fix, to offer or make such explanations or observation as the council thinks fit.

 

(2)     [93][Commissioner] shall prepare the report and submit it to the Council, [94][ - - - ]. The Council shall consider the report and forward it to the Government with its resolution thereon, if any.

 

(3)     The report and the resolutions thereon, if any, shall be published in the manner as the council, subject to the approval of the Government, may direct.

 

(4)     The council shall furnish to the Zilla Parishad concerned such information relating to the plan schemes of the municipality as may, from time to time, be required by the Zilla Parishad.

Section 35 - Vesting of public streets and appurtenances in the council

(1)     All public streets in any municipality with the pavements, stones and other materials thereof and all works, materials and other things provided for such streets, all sewers, drains, drainage works, tunnels and culverts, whether made at the cost of the municipal fund or otherwise, in, along-side or under any street, whether public or private, and all works, materials and things appertaining thereto shall vest in the council.

 

(2)     The Government may, after consultation with the council, by notification in the Andhra Pradesh Gazette, withdraw any such street, sewer, drain, drainage work, tunnel or culvert from the control of the council.

Section 36 - Duty of council in respect of public street withdrawn from its control

Where any public street has been withdrawn from the control of a council under sub-section (2) of Section 35 and placed under the control of the Highways Department of the Government, it shall be the duty of the Council to provide at the cost of the municipal funds, to such extent as the Government may by general or special order direct.--

(a)      for the lighting, watering, scavenging, and drainage of such street;

 

(b)      for the provision, maintenance and repair of the water-supply mains, drains and sewers in, along-side or under such street;

 

(c)      for the provision, maintenance and repair of outways attached to such street:

Provided that where, in the discharge of such duties, it is necessary for the council to open and break up the soil or pavement of such street, the council shall obtain the previous consent of such officer of the Highways Department as the Government may, by general or special order, specify:

Provided further that in cases of emergency the council may, without, such consent, open and break up the soil or pavement of any such street, but shall, as far as practicable, restore such soil or pavement to the condition in which it was immediately before it was opened and broken up and a report of the action so taken and the reasons therefor shall be sent forthwith to the officer specified under the foregoing proviso.

This corresponds to Section 61-A of the Andhra Act and Section 72 of the Hyderabad Act.

Section 37 - Vacant lands belonging to Government situated in the municipality to be in the possession or under the control of the council

(1)     On and from the date of the commencement of this Act, all vacant lands belonging to or under the control of the Government situated within the local limits of a municipality shall, subject to the provisions of Subsections (2) and (3) and to such conditions as may be prescribed, be deemed to be in the possession or under the control of the council concerned for purposes of this Act.

Explanation.--For the purpose of this section vacant land includes a poramboke, donka or kunta.

(2)     The council shall keep all such vacant lands free from encumbrances and shall restore the possession or control of any such land to the Government free of cost whenever it is required by the Government for their use for any public purpose or for purpose of alienation to any person or local authority.

[95][(3) The council shall not--

(a)      construct or permit the construction of any building or other structure on any such vacant land;

 

(b)      use or permit the use of such vacant land for any permanent purpose;

unless the prior permission of the Government is obtained by the council therefor, after furnishing such information as the Government may require, including the usefulness of the land or any housing scheme;

(c)      alienate such vacant land to any third party].

Section 38 - Collected sewage, etc., to belong to council

All rubbish and filth and other matter collected by or on behalf of a Council under this Act shall belong to the Council.

Section 39 - Power of Board of Revenue to transfer control of endowment to council

(1)     Subject to the control of the Government, the Board of Revenue may, by notification in the A.P. Gazette, with the consent of a council, make over to the council the management and Superintendence of any Charitable endowment in respect of which powers and duties attached to the Board of Revenue under the provisions of the Andhra Pradesh (Andhra Area) Endowments and Escheats Regulation, 1817 or any other law similar thereto for the time being in force, and thereupon all powers and duties which attach to the Board of Revenue in respect thereof shall attach to the council as if it had been specially named in the said Regulation or law, and the council shall manage and superintend such endowment.

 

(2)     The Board of Revenue may, of its own motion and shall on a direction from the Government, and after consultation with the council, by notification in the Andhra Pradesh Gazette, resume the management and superintendence of any endowment made over to a council under sub-Section (1), and upon such resumption, all the powers and duties attaching to the council in respect of the endowment shall cease and determine.

Section 40 - Acceptance of donation, endowment or trust by the council

The council may accept any donations, endowment or trust for the furtherance of any purpose for which the municipal fund may be applied.

Section 41 - Subjects not provided for by this Act

The Government may, subject to such conditions as they may deem fit to impose and with the consent of council, transfer to the council the management of any institution or the execution of any work not provided for by this Act, and it shall thereupon be lawful for the council to undertake such management or execution:

Provided that in every such case, the funds required for such management or execution, shall be placed at the disposal of the council by the Government.

Section 42 - Procedure for acquisition of immovable property under the Land Acquisition Act, 1894

(1)     Any immovable property which any municipal authority authorised by this Act to acquire may be acquired under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894), and, on payment of the compensation awarded under the said Act in respect of such property and of any other charges incurred in acquiring it, the said property shall vest in council.

 

(2)     Where a municipal authority proposes to acquire any immovable property otherwise than under the provisions of the Land Acquisition Act, 1894, it shall obtain the previous approval of the District Collector therefor. While according his approval, the District Collector shall determine the value at which the property is to be acquired and every such acquisition shall be subject to the previous sanction of the Government.

Section 43 - Authority to contract and contractual power of persons appointed by Government

[96](1) ?The power of making, on behalf of the council, any contract where of the value or amount does not exceed the monetary limits specified in column (2) of the Table below, shall be exercised by the authority specified in column (3) thereof.

[97][TABLE

(2) ??The power of making every contract whereof the value or amount exceeds the monetary limits mentioned in Subsection (1) shall be exercised by the council concerned)."

(3) ??Notwithstanding anything in the foregoing sub-sections, any person appointed by the Government to carry any work into execution on behalf of a council may, subject to such control as the Government may prescribe, make such contracts as are necessary for the purpose of carrying such work into execution to the extent of the sum provided for such work; and the council shall pay to the person so appointed such sums as may be required for the said purpose to the extent aforesaid.

[98][. . .]

Section 44 - Rules regarding the conditions on which contracts may be made

The power conferred by Section 43 to make or sanction contracts shall be subject to such rules as may be prescribed in regard to the conditions on which, and the mode in which contracts may be made or sanctioned by or on behalf of the council.

Section 45 - Mode of executing contracts

(1)     Every contract made by or on behalf of, a council where of the value of amount exceeds [99][one thousand rupees] shall be in writing and, except in the case of contracts made under the provisions of Sub-section (3) of Section 43, shall be signed by the Commissioner.

 

(2)     A contract executed or made otherwise than in conformity with the provisions of this section or of Section 43 and of the rules referred to in Section 44 shall not be binding on the council.

Section 46 - Power of Council to pass motion of no confidence in Vice-Chairperson

[100][(1) A motion expressing want of confidence in the Vice-Chairperson may be made in accordance with the procedure laid down in the following sub-sections.

(2) ??A written notice of intention to make the motion, in such form as may be specified by the Government, signed by such number of [101]Members including Ex-officio members as shall constitute not less than one half of the sanctioned strength of the council, together with a copy of the proposed motion, shall be delivered in person by any two of the elected members signing the notice to the District Collector in the case of special or selection grade municipality, or to the Revenue Divisional Officer in the case of any other municipality.

Explanation.--For the removal of doubts, it is hereby declared that for the purpose of this section the expression 'sanctioned strength of the council' shall mean the total number of Members including the ex-officio members.

(3) ??The District Collector or the Revenue Divisional Officer as the case may be, shall then convene a meeting for the consideration of the motion at municipal office on the date appointed by him which shall not be later than thirty days from the date on which the notice under Subsection (2) was delivered to him. He shall give to the Members including ex-officio Members, notice of less than fifteen clear days of such meeting.

Explanation.--In computing the period of thirty days specified in this sub-section, the period during which a stay order, if any, issued by a competent Court on a petition filed against a notice under sub-section (2) is in force shall be excluded.

(4) ??The District Collector or the Revenue Divisional Officer as the case may be, shall preside at such meeting. If within half an hour after the time appointed for the meeting, the District Collector or Revenue Divisional Officer as the case may be, is not present to preside at the meeting, the meeting shall stand adjourned to a date to be appointed by him under sub-section (5).

(5)? ?If the District Collector or the Revenue Divisional Officer, as the case may be, is unable to preside at the meeting due to the circumstances beyond his control he may, after recording his reasons in writing, adjourn the meeting to such other date, as he may appoint. The date so appointed by him shall not be later than fifteen days from the date fixed for the meeting under subsection (3). Notice of not less than three clear days shall be given by him to the members[102] "including ex-officio members" of the adjourned meeting.

(6) ??Save as provided in sub-sections (4) and (5), a meeting convened for the purpose of considering a motion under this section shall not, for any reason, be adjourned.

(7) ??As soon as the meeting convened under this section commences, the District Collector or the Revenue Divisional Officer as the case may be, shall read to the council the motion for the consideration of which the meeting has been convened, and declare it to be open for debate.

(8) ??No debate of any motion under this section shall be adjourned.

(9) ??Such debate shall automatically terminate on the expiration of two hours from ?the time appointed for the commencement of the meeting if it is not concluded earlier. On the conclusion of the debate or on the expiration of the said period of two hours, whichever is earlier, the motion shall be put to vote.

(10)? The District Collector or the Revenue Divisional Officer as the case may be, shall not speak on the merits of the motion and he shall not be entitled to vote thereon.

(11) ?A copy of the minutes of the meeting together with a copy of the motion and the result of the voting thereon shall be forwarded immediately on the termination of the meeting by the District Collector or the Revenue Divisional Officer as the case may be, to the Government.

(12) ?If the motion is carried with the support of [103][majority of the strength of the members including the ex-officio members) as on the date of the meeting, the District Collector or the Revenue Divisional Officer as the case may be, shall forthwith publish the result in the notice board at the municipal office and on such publication [104][the Vice-chairperson], shall be deemed to have been removed with immediate effect. Any such result be final and shall not be questioned in any Court of law.

[105]Explanation.--[- - -]

(13) ?If the motion is not carried by such a majority as aforesaid, or if the meeting could not be held for want of a quorum, no notice of any subsequent motion expressing want of confidence in the same [106][Vice-chairperson] shall be made until after the expiration of one year from the date of the meeting.

(14) ?No notice of a motion under this section shall be made within one year of the assumption of office by a [107][Vice-chairperson].

Section 47 - Powers and functions of the Chairperson

(1)     The Chairperson shall?

 

(a)      make arrangements for the election of the vice-Chairperson [108][ - - - ];

 

(b)      convene the meeting of the council [109][ - - - ];

 

(c)      refer any resolution of the council for its re-consideration which, in his opinion on is in excess of the powers of the council or inconsistent with any law; and

 

(d)      exercise all the powers and perform all the functions specifically concerned or imposed on the Chairperson by this Act.

 

(2)     All official correspondence between the council and the Government or the Heads of the Departments shall be conducted in the name of the Chairperson.

Section 48 - Power of Chairperson to incur contingent expenditure

(1)     The Chairperson may incur in each case contingent expenditure incidental to the municipal administration?

 

(2)     He shall report the expenditure so incurred and the reasons therefor to the council at its next meeting;

[110][(i) ?in the case of third grade or second grade municipality, not exceeding one thousand and five hundred rupees.

(ii)?? ?in the case of first grade or special grade or selection grade municipality, not exceeding three thousand rupees:]

Provided that no such expenditure shall be incurred if there is no provision available to meet the expenditure under the relevant head of account in the budget framed by the council with the modifications, if any, made by the Government or where such expenditure was expressly prohibited by the council.

Section 49 - Emergency powers of the Chairperson

The Chairperson may, in cases of emergency, direct the execution of any work or the doing of any act which would ordinarily require the sanction of the council and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public and may direct that the expense of executing such work or doing such shall be paid from the municipal fund:

Provided that--

(a)      he shall not act under this section in contravention of any resolution of the council prohibiting the executing of any particular act; and

 

(b)      he shall report the action taken under this Section and the reasons therefor to the council at its next meeting.

Section 50 - Delegation and devolution of functions of Chairperson

(1)     The Chairperson may, by an order in writing, delegate any of his functions to [111][the Vice-chairperson and any of his administrative functions to the Commissioner:]

Provided that he shall not delegate any functions which the council expressly forbids him to delegate.

(2)     If the Chairperson has been continuously absent from jurisdiction for more than [112][ten days] or incapacitated for more than [113][ten days], his functions shall, during such absence or incapacity, devolve on the Vice-Chairperson:

Provided that where the absence from jurisdiction of the Chairperson is within the State of Andhra Pradesh and is on business connected with the municipality, the Chairperson's functions shall not, except to the extent, if any, to which functions have been delegated by him under sub-section (1), devolve on the Vice-chairperson.

(3)     If the Vice-chairperson has been continuously absent from jurisdiction for more than [114][ten days] or is incapacitated for more than [115][ten days] or if the office of Vice-chairperson is vacant the Chairperson may by an order in writing, delegate any of his functions [116][to any elected member:]

Provided that--

(i)       when an order of delegation made under this subsection is in force, no further order of delegation of any functions shall be made in favour of any member other than the member in whose favour the order in force was made;

 

(ii)      no delegation under this sub-section shall, without the special sanction of the council, be made for any period exceeding in the aggregate ninety days in any year; and

 

(iii)     every order made under this sub-section shall be communicated forthwith to the council and the Regional Director.

 

(4)     The exercise of powers of performance of any functions delegated under sub-sections (1) and (3) shall be subject to such restrictions, limitations and conditions, if any, as may be laid down by the Chairperson and shall also be subject to his control and revision. The Chairperson shall also have power to control and revise the exercise of powers or performance of any function devolving on the Vice-chairperson under sub-section (2).

Section 51 - Presidency of Council and Chairperson

[117][(1)   (a) Every meeting of the council shall be presided over by the Chairperson; in his absence by the Vice-chairperson and in the absence of both the Chairperson and the Vice-chairperson by a member included in the panel of temporary Chairperson prepared in the manner specified in clause (b). Where no such temporary Chairperson is also present and, if there is quorum, one of its members may be chosen by the meeting to preside for the occasion.

(b) ??At the first meeting in every year, of the council, the Chairperson may nominate from amongst the elected members a panel of not more than four temporary Chairpersons, any one of whom may preside at any meeting of the council in the absence of the Chairperson and the Vice-chairperson in the order in which they are nominated in the panel. The panel of temporary Chairpersons so nominated shall, remain in force until a new panel of temporary Chairpersons is nominated].

(2) ???The Chairperson shall preserve order and shall decide all points of order arising at or in connection with meetings. There shall be no discussion on any point of order and the decision of the Chairperson on any point of order shall, save as otherwise expressly provided in this Act, be final.

(3)      (a) Where the conduct of a member is in the opinion of the Chairperson disorderly, he may direct that such member shall withdraw from the meeting of the council and such member [118][ - - - ] shall thereupon withdraw and shall not be allowed to attend for the remainder of the day's meeting.

(b) ??If any member [119][ - - -], who has been ordered to withdraw, continues to remain in the meeting, the Chairperson may take steps to cause him to be removed.

(4) ??The Chairperson may, in the case of grave disorder arising in any meeting, suspend the meeting for a period not exceeding three days.

Explanation.--Chairperson in this section and Section 52 includes the Vice-chairperson, temporary Chairperson or member presiding for the occasion.

[120](5)    (a) The Chairperson may, if he deems it necessary, name a member who disregards the authority of the chair or abuses the rules, bye-laws or regulations of the Council by persistently and wilfully obstructing the business thereof.

(b) ??If a member is so named by the Chairperson, the Chairperson shall at meeting of the council forthwith put the question that the member or (naming him) be suspended from functioning in the council as such for a period not exceeding three consecutive months reckoned from the date of that meeting:

Provided that the council may, at any time resolve that such suspension be terminated.

(c) ???A member suspended under this sub-section shall forthwith withdraw from the precincts of the council".

Section 52 - Member when to abstain from taking part in discussion and voting

(1)     No member shall vote, or take part in discussion of any question coming up for consideration at a meeting of the council [121][ - - -], if the question is one in which, apart form its general application to the public, he has personal interest or he or his partner has any direct or indirect pecuniary interest.

 

(2)     The Chairperson may prohibit any member from voting or taking part in the discussion of any matter in which he, for reasons to be recorded in writing, believes such member to have such interest, or he may require such member to absent himself during the discussion.

 

(3)     Such member may challenge the decision of the Chairperson who shall, thereupon, put the question to the meeting and the decision of the meeting shall be final.

 

(4)     If any member present at the meeting believes that the Chairperson has any such personal or pecuniary interest in any matter under discussion, the Chairperson shall, if a motion to that effect be carried, absent himself from the meeting during discussion.

 

(5)     The member concerned shall not be entitled to vote on the question referred to in sub-section (3) and the Chairperson concerned shall not be entitled to vote on the motion referred to in sub-section (4).

Section 53 - Duties and powers of individual member

(1)     Any member may call the attention of the Chairperson to any neglect in the execution of municipal work, to any waste of municipal property or to the wants of any locality and may suggest any improvements which may appear desirable.

 

(2)     Every member shall have the right to move resolutions and to interpellate the Chairperson on matters connected with the municipal administration subject to such rules as may be made by the Government in this behalf.

 

(3)     Every member shall have access during office hours to the records of the municipality after giving a reasonable notice to the Chairperson :

Provided that the member shall not have access to such records of the municipality as are classified as confidential or secret by the rules made by the Government in this behalf.

Section 54 - Payment of honorarium and conveyance allowance to Chairperson and conveyance allowance to Members

[122][For any municipality, the Government may, after consultation with the council sanction out of the municipal fund, payment of honorarium and conveyance allowance to the Chairperson or the Vice-chairperson on whom the functions of the Chairperson devolve under sub-section (2) of Section 50, as the case may be, and conveyance allowance to every member, at such rates as may be prescribed:

Provided that the conveyance allowance shall be payable to the Chairperson or Vice-chairperson, as the case may be, in case he maintains and uses motor car].

Section 55 - Resignation of member, member of the executive committee, Vice-chairperson or Chairperson

Any member, [123][- - - ] the Vice-chairperson or the Chairperson may, by writing under his hand addressed to the [124][Commissioner] resign his office. The [125][Commissioner] shall, on receipt of such resignation, place it before the next meeting of the council [126][ - - -]. The council [127][ - - - ] shall, if it is satisfied as to its genuineness from the concerned person, accept the resignation; and the resignation so accepted shall take effect from the date of such acceptance. If the council [128][ - - - ] is not satisfied as to the genuineness of the resignation, the notice of resignation shall lapse. Before the resignation is so accepted, it shall be open to the person concerned to withdraw such resignation by writing under his hand addressed to the [129][Commissioner].

Section 56 - Powers and functions of the Commissioner

[130][(1) The Commissioner shall, save as otherwise proceeded in this Act,--

(a)      carry into effect all the resolutions of the council;

 

(b)      furnish to the council such periodical reports regarding the progress made in carrying out the resolutions of the council;

 

(c)      subject to all other restrictions, limitations and conditions hereinafter imposed, exercise the executive power for the purpose of carrying out the provisions of this Act, and be directly responsible for the due fulfillment of the purposes of this Act;

[131][(cc) exercise disciplinary control over the employees of the Municipal Council, who shall be subordinate to the Commissioner;]

(d)      exercise all powers in relation to the collection of taxes and fees, the licences and the removal of encroachments;

 

(e)      be in charge of the office of the municipality and have custody of the municipal records;

 

(f)       inspect the places of entertainment for the purposes of verification of the sale of tickets; and

 

(g)      exercise all the powers and perform all the functions specifically conferred or imposed on the Commissioner by or under this Act.

(2) ??The Commissioner may, for the purpose of performing his functions imposed by or under this Act, requisition the services of any of the officers and other employees of the municipality and the vehicles of the municipality under their control and the said officers or other employees shall comply with such requisition.

(3) ??Subject to any directions given, or restrictions imposed by the Government or the council, the Commissioner may, by order in writing, delegate any of his powers or functions to any officer or other employee of the council or to any employee of the Government. The exercise of any power or the performance of any functions so delegated shall be subject to such restrictions, limitations and conditions as may be laid down by the Commissioner and shall be subject to his control and revision.

(4) ???The Commissioner shall save as otherwise provided in the rules relating to discipline and conduct, be under such administrative control of the Chairperson, as may be prescribed].

[132][(5)     (a) The Commissioner may incur in each case contingent expenditure incidental to the municipal administration,--

[133][(i) ?in the case of a third grade or second grade Municipality not exceeding one thousand rupees;

(ii) ??in the case of first grade Municipality, not exceeding fifteen hundred rupees; and

(iii)? ?in the case of a special grade or a selection grade Municipality, not exceeding two thousand rupees;]

(b) ??He shall report the expenditure so incurred if there is no provision available to meet the expenditure under the relevant head of account in the budget framed by the council with the modifications, if any, made by the Government or where such expenditure was expressly prescribed by the council".

Section 57 - [Omitted]

[134][ - - - ]

Section 58 - Commissioner to attend the meetings of the council and its committees

[135][The Commissioner shall attend the meetings of the council, and where he is required to do so by the Chairperson, of any of its committees. He shall have the right to speak, and otherwise to take part in the meetings of the council and of any of its committees but shall not be entitled to move any resolution, or to vote, at any such meeting].

Section 59 - Government's power to cancel or suspend resolutions etc.

(1)     The Government may, either suo motu or on representation of any member, the Chairperson or the Commissioner by order in writing?

 

(i)       Cancel any resolution passed, order issued, or licence or permission granted; or

 

(ii)      Prohibit the doing of any act which is about to be done or is being done, in pursuance or under colour of this Act, if in their opinion?

 

(a)      such resolution, order, licence, permission or act has not been passed, issued, granted or authorised in accordance with law; or

 

(b)      such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or any other enactment; or

 

(c)      the execution of such resolution, or order, the continuance in force of such licence or permission or the doing of such act is likely to cause, financial loss to municipality, danger to human life, health or safety or is likely to lead to a riot or breach of peace [136][or is against public interest:]

Provided that the Government shall, before taking action under this section on any of the grounds referred to in clauses (a) and (b), given the authority or person concerned an opportunity for explanation;

Provided further that nothing in this sub-section shall enable the Government to set aside any election which has been held.

(2)     If, in the opinion of the Government, immediate action is necessary on any of the grounds referred to in clause (c) of sub-section (1), they may suspend the resolution, order, licence, permission or act, as the case may be, for such period as they think fit pending the exercise of the powers under sub-section (1).

Section 59A - Government's power to suspend Chairperson or Vice-Chairperson or Member

[137][(1) The Government may, either suo-motu or on a representation of a Chairperson or Vice-Chairperson or Member or Commissioner or Employee of a Municipal Council, by notification in the Andhra Pradesh Gazette, suspend any Chairperson or Vice-Chairperson or Member who, in their opinion, wilfully misbehaved or manhandled any other Member or Officer or employee of the Council or destroyed the property of the Council or used unparliamentary language or abused his position in the course of meetings of the Council or during the discharge of any duty vesting upon any Chairperson or Vice-Chairperson or Member or Officer or employee, so as to lead to a situation in which the Municipal Administration cannot be carried on in accordance with the provisions of this Act or the financial stability of the Council is threatened.

(2) ??The Government shall, before taking action under subsection (1) give the Chairperson or Vice-Chairperson or Member concerned an opportunity for explanation, and the notification issued under the said sub-section shall contain a statement of the reasons for the action taken by the Government.

(3) ??The Government may, suo-muto or on an application made by the Chairperson or Vice-Chairperson or Member revoke the order of suspension issued under sub-section (1).]

Section 60 - Government's power to remove Chairperson or Vice-Chairperson

(1)     The Government may, by notification in the Andhra Pradesh Gazette, remove any Chairperson or Vice-Chairperson who, in their opinion willfully omits or refuses to carry out or disobeys the provisions of this Act or any rules, bye-laws, regulations or lawful orders issued thereunder or abuses his position or the powers vested in him.

 

(2)     The Government shall, when they propose to remove a Chairperson or Vice-Chairperson under sub-section (1), give the Chairperson or Vice-Chairperson concerned an opportunity for explanation, and the notification issued under the said sub-section contain a statement of the reasons of the Government for the action taken.

 

(3)     Any person removed under sub-section (1) from the office of Chairperson or from the office of Vice-Chairperson shall not be eligible for election to either of the said offices until the date on which notice of the next ordinary elections to the council is published in the prescribed manner. 

Section 61 - [Omitted]

[138][ * * * ]

Section 62 - Government's power to dissolve the council

(1)     If, in the opinion of the Government, a council is not competent to perform or persistently makes default in performing, the duties imposed on it by or under this Act or any other law for the time being in force or exceeds or abuses its position or powers or a situation exists in which the municipal administration cannot be carried on in accordance with the provisions of this Act or the financial stability or credit of the council is threatened, the Government may, by notification in the Andhra Pradesh Gazette, direct that the council be dissolved with effect from a specified date and reconstituted either immediately or with effect from another specified date not later than [139][six months) from the date of dissolution; and the notification shall be laid before both Houses of the State Legislature.

 

(2)     [140][ * * * ]

 

(3)     For purposes of reconstitution of a dissolved council under this section, the vacancies in the office of all the elected councillors shall be deemed to be [141][casual vacancies].

 

(4)     Before publishing a notification under sub-section (1), the Government shall communicate to the council concerned the grounds on which they propose to do so, fix a reasonable period for the council to show cause against the proposal and consider its explanations or objections, if any :

[142][and the Chairperson of the Municipality concerned shall also be given a reasonable opportunity of being heard.]

[143][ * * * ]

(5)     On the date fixed for the dissolution of the council under sub-section (1), all its members including ex-officio members as well as its Chairperson, [144][and Vice-Chairperson] shall forthwith be deemed to have vacated their offices as such.

 

(6)     During the interval between the dissolution and the reconstitution of the council, all or any of the powers and functions of the council and of its Chairperson and Wards Committees" [145][and of the Committees referred to in Sections 43 and 74 [146][ * * * ] may be exercised and performed, as far as may by, and to such extent as the Government may determine, be such person as the Government may appoint in that behalf, and any person who is not a District Collector or Revenue Divisional Officer may, if the Government so directs, receive payment for his services from the municipal fund; the Government may determine the relations of such person with the District Controlling Officers and with themselves and the Government may direct the Commissioner to exercise and perform any powers and duties under this Act in addition to his own.

[147][(7) The Members including the ex-officio members of the reconstituted Council shall enter upon their office on the date fixed for its reconstitution and the term of office of the elected members shall continue only for the reminder of the period for which the dissolved Municipality would have continued had it not been dissolved.]

(8) ??The Government may reconstitute the council before expiry of the period notified under sub-section (1) or sub-section (2):

[148][Provided that where the reminder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any elections under this clause for constituting the Municipality for such period.]

(9) ??When a council is dissolved under this section, the Government, until the date of the reconstitution thereof, and the reconstituted council thereafter, shall be entitled to all the assets and be subject to all the liabilities of the council as on the date of the dissolution and on the date of the reconstitution respectively.

Section 62A - Appointment of Special Officer

[149][(1) Notwithstanding anything contained in this Act, where in the opinion of the Government it is not possible to hold the elections to the municipalties in accordance with the provisions of this Act, before the date of expiration of the term, and to bring the newly elected Members into office on the date of expiration of the term as aforesaid, [150][ - - - ] the Government may, by notification appoint a Special Officer to exercise the powers, perform the duties and discharge the functions of --

(a)      the Council;

 

(b)      the Chairperson; and

 

(c)      the Commissioner;

under the Act, for a period [151][which shall not exceed six years] from the date of such appointment:

Provided that the Government may, from time to time, by notification in the Andhra Pradesh Gazette and for reasons specified therein extend the said period of appointment of Special Officer [152][beyond six years] for a further period or periods, so however the period of appointment of the special officer shall not, [153][in the aggregate exceed ten years] or till the newly elected councils assume office whichever is earlier.

(2) ??The Government shall cause elections to be held to the municipality under the Principal Act, so that the newly elected members may come into office on such date as may be specified by the Government in this behalf by a notification, in the Andhra Pradesh Gazette:

Provided that the Government may, from time to time, advance or postpone the date specified under this sub-section and fix instead another date:

Provided further that the date fixed under this sub-section shall be the date on which the appointment of the Special Officer, expires.

(3) ??The Special Officer shall exercise the powers, perform the duties and discharge the functions of the council until the elected members come into office, of the Chairperson until a Chairperson is elected, and of the Commissioner until a Commissioner is appointed by the Government and the committees referred to in Sections 43 and 74 until such committees are constituted, as the case may be and any such officer may, if the Government so direct, receive remuneration for his service from the municipal fund.]

Section 63 - Government's power to appoint officers to supervise municipalities

(1)     The Government may appoint a Director of Municipal Administration and such number of Deputy Directors, Regional Directors and other officers as may be required for the purpose of inspecting or superintending the operations of all or any of the councils established under this Act.

 

(2)     All schools, hospitals dispensaries, vaccine stations, choultries and other institutions mentioned by any council and all documents relating thereto shall, at all times, be open to the inspection of such officers as the Government may appoint in that behalf.

 

(3)     Municipal authorities and municipal officers and servants shall be bound to afford to inspecting or superintending officers appointed under this section such access at all reasonable times to municipal property or premises, and to all documents which, subject to any rules made in this behalf the inspecting or superintending officers may consider to be necessary to enable them to discharge their duties of inspection or superintendence.

This corresponds to Section 38 of the Andhra Act and Section 252 of the Hyderabad Act.

Section 64 - Government's power to take action in certain cases

(1)     If, at any time, it appears to the Government that a Council, Chairperson, Vice-Chairperson or Executive Committee has made any default in performing any duty imposed by or under this Act or any other enactment for the time being in force, they may, by order in writing, fix a period for the performance of such duty.

 

(2)     If such duty is not performed within the period so fixed, the Government may appoint some person to perform it, and may direct that the expense of performing it shall be paid, within such time as they may fix, to such person by the council.

 

(3)     If the expenses which the Government have directed under sub-section (2) to be paid from the municipal fund are not so paid, the District Collector, with the previous sanction of the Government, shall make an order directing the Commissioner to pay it in priority to any other charges against such fund except establishment charges and charges for the service of authorised loans.

 

(4)     The Commissioner shall, so far as the funds to the credit of the council permit, be bound to comply with such order.

Section 65 - Government's powers to undertake work for municipality

(1)     The Government may, with the consent of council, undertake on its behalf the construction of water supply, drainage or other works, appoint persons to carry out construction of such works and direct that the expenses including the pay of such persons be paid from the municipal fund and thereafter the provisions of subsections (3) and (4) of Section 64 shall apply.

[154][(2) The Government may, after consultation with the council, constitute planning committees for any municipality, consisting of such members as may be appointed by them, for the purpose of preparing plans in respect of such developmental works as may be approved by the Government for execution within the municipality; and the council shall undertake all such works. The expenses incurred towards the planning committees, the preparation of plans and the execution of developmental works under this section shall be paid from the municipal fund].

Section 66 - District Collector's power to enforce execution of resolutions

(1)     If it appear to the District Collector that the Chairperson or (Commissioner) has made default in carrying out any resolution of the council, the said Collector shall, after giving the Chairperson or the (Commissioner) as the case may be, a reasonable opportunity of explanation, send a report on such resolution together with the explanation if any received, to the Government and at the same time forward a copy of the same to the council.

 

(2)     The Government shall, as soon as may be, after the receipt of the report of the Collector under subsection (1), consider the same and the explanation, if any, received therewith and, if necessary, take action under sub-section (2) of Section 64.

Section 67 - Power of District Collector and Government for purposes of control

(1)     The District Collector may enter on and inspect, or cause to be entered on and inspected, any immovable property or any work in progress under the control of any municipal authority in his district.

 

(2)     The Government or the District Collector may?

 

(a)      call for any document in the possession, or under the control, of any council or the Chairperson or Commissioner;

 

(b)      require any council, the Chairperson or Commissioner to furnish any return, plan, estimate, statement, account or statistics;

 

(c)      require any council, the Chairperson or Commissioner to furnish any information or report on any municipal matter;

 

(d)      record in writing, for the consideration of the council, the Chairperson or Commissioner, any observations they or he may think proper in regard to its or his proceedings or duties.

Section 68 - Emergency powers of District Collector

(1)     The District Collector may, in cases of emergency, direct or provide for the execution of any work or the doing of any act which the council is empowered to execute or to do and the immediate execution or the doing of which is, in his opinion, necessary for the safety of the public and may direct that the expense incurred for executing such work or doing such act, as the emergency may require, shall be paid from the municipal fund.

 

(2)     If the expenses are not so paid, such Collector may make an order directing the person having the custody of the municipal fund to pay them in priority to any other charge against the fund.

 

(3)     Such person shall, so far as the funds to the credit of the council admit, be bound to comply with such order.

 

(4)     Every case in which the powers conferred by this section are exercised shall be forthwith reported to the Government by the District Collector with the reasons in full, for the exercise of such powers ; and a copy of the letter shall at the same time be sent to the council for information.

Section 69 - Powers of officers acting for, or in default of, council and liability of municipal" fund

When the District Collector or a person appointed by the Government lawfully takes action on behalf or in default of the council or the Commissioner under this Act, he shall have all such powers as are necessary for the purpose, and shall be entitled to the same protection under this Act as the municipal authority whose powers he is exercising and compensation shall be recoverable from the municipal fund by any person suffering a damage from the exercise of such power to the same extent as if the action has been taken by such municipal authority.

Section 70 - Power of District Collector to suspend a resolution, etc.

If, in the opinion of the District Collector, immediate action is necessary on any of the grounds referred to in clause (c) of subsection (i) of Section 59 he may suspend the resolution, order, licence, permission or act, as the case may be, and report to the Government who may thereupon either rescind the Collector's order or, after giving the authority or person concerned a reasonable opportunity of explanation, direct that it shall continue in force with or without modification permanently or for such period as they think fit.

Section 71 - Appointment of Municipal Health Officer, Municipal Engineer, Education Officer and Town Planning Officer

(1)     For any municipality the Government may sanction a post of Municipal Health Officer, a post of Municipal Engineer, a post of Educational Officer and a post of Town Planning Officer;

Provided that in the case of a municipality which has an annual income of less than three lakhs of rupees from ordinary receipts, the Government may, without sanctioning the post of a Municipal Health Officer, a Municipal Engineer, an Education Officer, or a Town Planning Officer, appoint any officer of the Public Health Department, the Public Works Department, the Education Department or the Town Planning Department, on such terms as may be specified by the Government to exercise the powers and discharge the functions of a Municipal Health Officer, a Municipal Engineer, an Education Officer, or a Town Planning Officer, as the case may be:

Provided further that when the officer of the Public Health Department or the Public Works Department, Education Department or the Town Planning Department is appointed to exercise the powers and discharge the functions under this Act, such of the powers and functions as are exercisable by any authority under this Act in consultation with the Municipal Health Officer, Municipal Engineer, Education Officer or Town Planning Officer shall be exercised by such authority after consultation with the concerned officer appointed under the foregoing proviso :

Provided also that where there is no Municipal Health Officer, Municipal Engineer, Education Officer, or Town Planning Officer, the Commissioner shall exercise the powers and discharge the functions of such officer.

(2)     Before sanctioning any post under sub-section (1) the Government shall consult the council concerned.

 

(3)     The Municipal Health Officer, Municipal Engineer, Education Officer or Town Planning Officer shall devote his whole time to the duties of his office and shall not undertake any work unconnected with the municipality except with the sanction or under the direction of the Government.

 

(4)     All the appointments to posts sanctioned under sub-section (1) shall be made by the Government.

 

(5)     All the officers appointed under sub-section (4) shall, save as otherwise provided in the rules relating to the discipline and conduct of those officers, be deemed, for all purposes, as officers of the council and shall, in the exercise of the powers and discharge of the functions under this Act, be subject to such control and direction of the Commissioner as may be prescribed.

 

(6)     The Government shall pay out of the consolidated fund of the State, salaries, allowances, pension and contribution, if any, towards the provident fund or pension-cum-provident fund of every officer appointed by the Government under sub-section (4).

Section 72 - Government's power to regulate the methods of recruitment, conditions of service, etc., officers appointed under Sections 29 and 71

(1)     The Government shall have power?

 

(a)      to make rules to regulate the classification and methods of recruitment, conditions of service, pay and allowances and disciplinary conduct of the officer appointed under Section 29 or Section 71, as the case may be;

 

(b)      to recover from the council concerned the whole or such proportion of the salary and allowances paid to any such officer and such contribution towards his leave allowances, pension or provident-cum-pension fund of such officer as the Government may, by general or special order, determine.

 

(2)     The Government may, at any time, withdraw any officer appointed under Section 29 or Section 71 and appoint another in his place, and they shall withdraw such officer if such withdrawal is recommended by a resolution passed at a special meeting called for the purpose and supported by the votes of not less than three-fifths of the sanctioned strength of the council :

[155]["Provided that no such resolution shall be moved before the expiry of one year from the date of assumption of charges by such officer".]

Section 73 - Other officers and employees of council

(1)     All proposals for fixing or altering the number, designations and grades of officers other than those referred to in Section 72 and employees of the council and the salaries, fees and allowances payable to them shall be placed before the council by the Commissioner for consideration and sanction of the council.

 

(2)     The council may, after consideration of such proposals, sanction them with or without modification :

Provided that no proposal adversely affecting any municipal officer or employee who has been in the permanent service of the municipality for more than five years and is drawing a salary of not less than fifty rupees per mensum shall be considered except at a special meeting convened for the purpose and no such proposal shall be given effect to unless assented to, by atleast one-half of the members than on the council.

(3)     Notwithstanding anything in sub-sections (1) and (2), the Government shall have power to sanction and fix or alter the number, designations and grades of, and the salaries, fees and allowances payable to, the officers, and employees of any council or any class of such officers and employees and, it shall not be open to the council to vary the number, designations, grades, salaries, fees or allowances as so fixed or altered except with the previous sanction of the Government.

This section and Section 74 correspond to Sec.73 of the Andhra Act.

Section 74 - Appointment to posts of officers and employees of council sanctioned under Section 73

[156][ Subject to any rules including the rule for the representation of Scheduled Castes, Scheduled Tribes and the socially and educationally Backward Classes of citizens which the Government may make in this behalf, and notwithstanding anything in the Andhra Pradesh (Andhra Area) Public Health Act, 1939 or any other law similar thereto for the time being in force, appointment to posts of officers and employees sanctioned under Section 73, shall be made by the Chairperson:

Provided that an appointment to the post of a headmaster or headmistress of a high school maintained by the council shall be made from a panel prepared by a committee consisting of the Chairperson, the Commissioner, the District Educational Officer having jurisdiction and not less than three but not more than seven members chosen in this behalf by the council:

Provided further that appointment [157][to all the other posts except all categories of posts of teachers, the pay or maximum pay] of which exceeds rupees one hundred shall be made from a panel prepared by a committee consisting of the Chairperson, the Commissioner and not less than three but not more than seven members chosen in this behalf by the council.]

[158][Provided also that appointment to all categories of posts of teachers shall be made as per the procedure prescribed by the Government from time to time.]

This corresponds to Section 73 of the Andhra Act This section was amended by Act 5 of 1971 and again by Act 15 of 1996.

Section 75 - Power of Government to transfer officers and employees of municipalities

(1)     Notwithstanding anything in this or any other enactment for the time being in force, the Government shall have power to transfer any officer or employee of a municipality to the service of any other municipality or of any other local authority.

 

(2)     The Government shall have power to issue such general or special directions as they may think necessary for the purpose of giving due effect to transfers made under sub-section (1).

Section 76 - Power of council to frame regulations

(1)     Subject to the provisions of this Act and the rules which the Government may make in this behalf, the council may frame regulations in respect of officers and employees of the municipality appointed under Section 74?

 

(a)      fixing the amount and nature of security to be furnished;

 

(b)      prescribing educational or other qualifications;

 

(c)      regulating the grant of leave, leave allowances acting allowances and travelling allowances;

 

(d)      regulating the grant of pensions and gratuities;

 

(e)      establishing and maintaining provident funds and making contribution thereto compulsory;

 

(f)       regulating conduct; and

 

(g)      generally prescribing conditions of service;

Provided--

(i)       that the amount of any leave allowances, travelling allowances, pension or gratuity provided for in such regulation shall, in no case without the special sanction of the Government exceed what would be admissible in the case of Government employees of similar standing and status; and

 

(ii)      that the conditions under which such allowances are granted or any leave, superannuation or retirement is sanctioned, shall not without similar sanction be more favorable than those for the time being prescribed for such Government employees.

 

(2)     Until rules and regulations are made under sub-sec. (1), the rules and regulations which were applicable to such officers and employees immediately before the commencement of this Act in respect of the matters specified in that sub-section shall continue to apply to them.

Section 77 - Power to punish municipal employees

[159][(1) Subject to the provisions of Sections 79 and 80 and to such control as may be prescribed, the Commissioner may censure, fine, withhold increment in the time-scale of pay of, withhold promotion from, suspend or reduce in rank any officer or other employees in the service of the municipality except an officer appointed under Section 29 or Section 71, or an officer or other employee belonging to a municipal service for the State constituted under Section 80 for any breach of departmental rule or discipline or for carelessness, unfitness, neglect of duty or other misconduct after giving opportunity of showing cause against the penalty proposed:

Provided that a fine shall not be imposed on any officer or other employee unless he is a Bill Collector or is the holder of such post as may be prescribed.

(2) ??Subject to such control as may be prescribed, the Chairperson shall have the power to impose penalty of removal or dismissal on such officer or other employee after giving him a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:

Provided that he may, in public interest, suspend any such officer or other employee pending action proposed to be taken in regard to him under this sub-section."]

Section 78 - Power to grant leave to officers and employees

[160][Power to grant leave to officers and employees

Subject to the rules made under Section 72 or Section 76 the Commissioner may grant any leave to the officers and other employees in the service of the municipality].

This is a substituted section inserted by Act 5 of 1971 in place of the old section. The original section corresponds to Section 76 of the Andhra Act.

Section 79 - Special provisions regarding Government employees lent to council

(1)     The Government may, on the application of any council, place the service of any Government employee employed in connection with the affairs of the State at the disposal of the council to be employed by it for the purposes of this Act. The council shall pay any Government employee so employed the salary he may be entitled to receive under the rules of the branch of Government service to which he belongs, and shall also make any contribution towards the pension and leave allowances of such employee as may be required by the conditions of his service under the Government to be paid by him or on his behalf.

 

(2)     If such employee, while employed by the council or, if any other employee of the council does any work for the Government, the Government shall contribute to the municipal funds so much of salary of such employees as the Government may consider to be an equivalent for such work.

 

(3)     No Government employee employed by a council shall be dismissed or removed from each employment,--

 

(a)      if he is employed as a Medical Officer, without the consent of the government; and

 

(b)      in any other case, without the consent of the government or until three month's notice in writing to that effect shall have been given to the chief controlling authority of the branch of the Government service to which the Government employee belongs.

 

(4)     No Government employee employed by a council shall, except in cases of emergency, be withdrawn from the service of the council without the consent of the council until the Government shall have given three months notice in writing to that effect to the council or unless some other Government employee has been deputed to replace the one withdrawn.

 

(5)     Government employees employed by council shall be entitled to leave and other privileges in accordance with the regulations applicable to the general branch of the Government service to which they belong.

Section 80 - Constitution of a municipal service for the State for any class of municipal officers and employees

(1)     Notwithstanding anything in this Act or the rules made thereunder, the Government may, after consulting all the councils, by notification in the Andhra Pradesh Gazette, constitute any class of officers or employees of councils into a municipal service for the State.

 

(2)     Upon the issue of a notification under sub-section (1), the Government shall have power to make rules to regulate the classification, methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the municipal service thereby constituted and such rules may vest jurisdiction in relation to such service in the Government or in such other authority or authorities as may be prescribed therein.

 

(3)     Nothing in this section shall affect the operation of the Andhra Pradesh (Telangana Area) Local Government Service (Declaration as the State Civil Service) Act, 1956 (Act XX of 1956), in so far as it relates to the municipal officers and municipal employees who are declared to be borne on the State Civil Service as declared under Section 3 of that Act.

Section 81 - Levy of ordinary taxes and the control of Government in respect thereof

(1)     (a) Every council shall be resolution levy the following taxes namely.?

 

(i)       a property tax;

 

(ii)      [161][ - - - ]

 

(iii)     a tax on carriages and carts; and

 

(iv)    a tax on animals.

(b) ??The council may, by resolution and with the previous sanction of the Government also levy a tax on advertisements.

(2)     Any resolution of a council determining to levy a tax shall specify the rate at which and the date from which any such tax shall be levied :

Provided that, before passing a resolution imposing a tax for the first time or increasing the rate of an existing tax, the council shall publish a notice in at least one newspaper published in the mine language of the district having circulation in the municipality, on the notice board of the municipal office and in such other places within municipal limits as may be specified, by the council and by beat of drum, of its intention, fix a reasonable period not being less than one month for submission of objections and consider the objections if any, received within the period specified :

Provided further that any resolution abolishing an existing tax or reducing the rate at which a tax is levied shall be immediately reported to the Government; and in municipalities which have an outstanding loan either from the Government or from the public or from any banking, insurance or financial corporation or from any other local authority, such abolition or reduction shall not be carried into effect without the sanction of the Government.

Sec.81(1)(a) corresponds to Sec. 78(1) of the Andhra Act and Sec.96 of the Hyd. Act.

Section 82 - Duty on transfers of property

In every municipality, a duty shall be levied on certain transfers of property in accordance with the provisions hereinafter contained in this Act.

Section 83 - Notification of new taxes

When a council determines a subject to the provisions of Section 81, to levy any tax for the first time or at a new rate, the Commissioner shall forthwith publish a notification in the prescribed manner specifying the rate at which, the date from which and the period of levy, if any, for which, such tax shall be levied.

Section 84 - Saving for certain provisions of the Constitution of India

Nothing in this Part of this Act shall authorise a council to levy any tax which the State Legislature has no power to impose in the State under the Constitution of India:

Provided that a council which immediately before the commencement of the Constitution was lawfully levying any such tax under any law then in force may continue to levy that tax until provision to the contrary is made by Parliament by law.

Section 85 - Levy of property tax

(1)     Where the council by resolution determines that a property tax shall be levied, such tax shall be levied on all buildings and lands within the municipal limits save those exempted by or under this Act or any other law. The property tax may comprise?

 

(a)      a tax for general purpose;

 

(b)      a water and drainage tax to provide for expenses connected with the construction, maintenance, repair, extension or improvement, of water or drainage works here before provided or hereafter to be provided;

 

(c)      a lighting tax to provide for expenses connected with the lighting of the municipality by gas or electricity; and

 

(d)      a scavenging tax to provide for expenses connected with the removal of rubbish, filth or the carcasses of animals from private premises:

Provided that where the water and drainage tax is levied, the council shall declare what proportion of tax is levied in respect of water-works and the remainder shall be deemed to be levied in respect of drainage works and the proportion so declared shall also be specified in the notification published under Section 83:

Provided further that the proportion so fixed shall not be altered without the previous sanction of the Government.

(2)     Save as otherwise provided in this Act and subject to the provisions of [162][Sections 81 and 87] and in accordance with the rules made by the Government in this behalf these taxes shall be levied [163]["at such percentages of the annual rental value of lands or buildings or both as may be fixed by the council"];

[164][Provided that in the case of lands and buildings vested in the trustees of the Port of Visakhapatnam, these taxes levied in any half-year shall be at one percentum of the annual gross earning of the Visakhapatnam Port Trust in the year immediately preceding such levy].

[165]["Provided further that the percentage of the property tax fixed under this sub-section shall be such that the incidence of property tax together with the education tax and library cess levied under the relevant laws, shall not exceed twenty five percentum of the annual rental value in the case of residential buildings and thirty-three percentum of the annual rental value in the case of non-residential buildings"].

(3)     ?(a) Save as otherwise provided in clause (b), the council shall, in the case of lands which are not used exclusively for agricultural purposes and are not occupied by, or adjacent and appurtenant to, building, levy these taxes, at such percentages of the capital value of the lands or not such rates with reference to the extent of the lands as may be fixed by the council;

Provided that such percentages or rates shall not exceed the maxima, if any, fixed by the Government and that the capital value of such lands shall be determined in such manner as may be prescribed.

(b) ??In the case of railway lands which are not used exclusively for agricultural purposes and are not occupied by or adjacent and appurtenant to, buildings, the council shall levy these taxes at such percentages of the capital value of such lands, and the Government shall have power to make rules regarding the manner in which, the person or persons by whom and the intervals at which, the capital value of such lands shall be determined, and they may also by such rules restrict or modify the application of the provisions, contained in Schedule II, to such lands.

(4)     The council may, in the case of lands used exclusively for agricultural purposes, levy these taxes at such proportions of land revenue payable thereon as it may fix with the approval of the Government.

[166]["(5) Notwithstanding anything contained in this Act and the Rules made thereunder, where a building is constructed, or re-constructed, or some structures are raised unauthorisedly, it shall be competent to the assessing authority to levy property tax on such building or structure with a penalty of ten per cent on the amount of tax levied till such unauthorised construction is demolished or regularised.

(6)? ?A separate receipt for the penalty levied and collected shall be issued."]

Section 86 - Levy of property tax on a direction by Government

(1)     The Government may, after consultation with the council by order published in the Andhra Pradesh Gazette, direct any council to levy the properly tax referred to in sub-section (1) of Section 81 or any class of such tax, at such rate and with effect from such date, not being earlier than the first day of the [167][half year] immediately following that in which the order is published, as may be specified in the order.

 

(2)     When an order under sub-section (1) has been published, the provisions of this Act relating to property tax shall apply as if the council had, on the date of publication of such order, by resolution, determined to levy the tax at the rate and with effect from the date specified in the order and as if no other resolution of the council under Section 81 determining the rate at which and the date from which property tax shall be levied, had taken effect.

 

(3)     A council shall not alter the rate at which the property tax or any class of such tax is levied in pursuance of an order under sub-section (1) or abolish such tax except with the previous sanction of the Government.

Section 87 - Method of assessment of property tax

[168][(1) Every building shall be assessed together with its site and other adjacent premises occupied as an appurtenance thereto unless the owner of the building is a different person from the owner of such site or premises.

(2) ??The annual rental value of lands and buildings shall be deemed to be the gross annual rent at which they may reasonably be expected to be let from month to month or from year to year with reference to its location, type of construction, plinth area, age of the building, nature of use to which it is put and such other criteria as may be prescribed.

(3) ??Notwithstanding anything in the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, the gross annual rent at which the lands and buildings might reasonably be expected to be let from month to month or from year to year, shall be determined by the Commissioner, with reference to its location, type of construction, plinth area, age of the building, nature of use to which it is put and such other criteria as may be prescribed:

Provided that in the case of any Government or railway building or any building or a class of buildings not ordinarily let, the gross annual rent of which cannot in the opinion of the Commissioner be estimated, the annual rental value of the premises shall be deemed to be nine percent of the estimated value of the land and the present cost of erecting the building after deducting a reasonable amount towards depreciation which shall in no case be less than ten percent of such cost.

(4)? ?The annual rental value of lands and buildings shall be deemed to be the gross annual rent at which they may reasonably be expected to let from month to month or from year to year, less a deduction at the rate of ten per cent for buildings upto the age of 25 years and twenty percent for buildings above the age of 25 years [169][and thirty percent for buildings above the age of 40 years] of that portion of such gross annual rent which is attributable to the building apart from their sites and adjacent lands occupied as an appurtenance thereto and the said dedication shall be in lieu of all allowances for repairs or on any other account whatsoever:

Provided that a rebate of forty per cent of the annual rental value shall be allowed in respect of the residential buildings occupied by the owner inclusive of the deduction permissible under this sub-section.

[170][Provided further that in respect of such municipalities on the seashore as may be specified by notification from time to time, a rebate of five percent of the annual rental value shall be allowed in addition to the rebates allowed under the other provisions of the Act in respect of all the buildings.]

Explanation.--

For the purposes of this section, an area not exceeding three times the plinth area of the building including its site or a vacant land to the extent of one thousand square meters, whichever is less shall be deemed to be adjacent premises occupied as an appurtenant to the building, and assessed to tax in accordance with the provisions of this section, and the area, if any, in excess of the said limit shall be deemed to be land not occupied by or adjacent and appurtenant to such building and the tax shall be levied thereon in accordance with the provisions of sub-section (3) of Section 85 as if it were land to which that sub-section applied.

Section 88 - General exemptions

(1)     The following buildings and lands shall be exempt from the property tax.?

 

(a)      places set apart for public worship and either actually so used or used for any other purpose;

 

(b)      choultries for the occupation of which no rent is charged and choultries the rent charged for the occupation of which is used exclusively for charitable purposes;

[171][(c) recognised educational institutions including hostels, public buildings and places used for the charitable purpose of sheltering destitute or animals and libraries and playgrounds which are open to the public;]

(d)? ?such ancient monuments protected under the law relating to preservation of ancient monuments for the time being in force, or part thereof as are not used as residential quarters, or as public officers;

(e) ??charitable hospitals and dispensaries;

(f)?? ?such hospitals and dispensaries maintained by railway administration as may, from time to time, be notified by the Government in the Andhra Pradesh Gazette;

(g)?? ?burial and burning grounds included in the book kept at the municipal office under Section 303;

(h) ??buildings and lands belonging to the council;

(i) ???any irrigation work vesting in the Government including the bed of water-course or any building or lands adjacent and appertaining to such irrigation work; [172][all lands belonging to or under the control of the Government including the vacant lands specified in Section 37] and all such other Government property, being neither buildings nor land, from which, in the opinion of the Government the income could be derived as may, from time to time be notified by the Government in the Andhra Pradesh Gazette:

Provided that nothing in [173][clauses (a), (c) and (e)] shall be deemed to exempt from property tax any building or land for which rent is payable by the person or persons using the same for the purposes referred to in the said clauses.

Explanation.--

The exemption granted under this section shall not extend to residential quarters attached to schools and colleges not being hostels or to residential quarters attached to hospitals, dispensaries and libraries.

[174][(1-A) [ - - - ]

(2)     The water and drainage tax shall not be levied on any land used exclusively for agricultural purposes and not deriving any benefit from the water or drainage works on account of which the tax is imposed.

 

(3)     The council may, with the previous sanction of the Government, exempt any particular part of a municipality from the payment of the whole or a portion of the water and drainage tax or of the lighting tax on the ground that such area is not deriving full benefit from the water-supply and drainage or from the lighting system.

 

(4)     The council may exempt by building or land from the whole or any portion of the scavenging tax if it is satisfied that the owner or occupier has made efficient arrangements for the daily removal there from of rubbish, filth and carcasses of animals.

 

(5)     The council may, by resolution, exempt any class of buildings or lands from the property tax?

 

(i)       [175][ - - - ]

[176]["(ii) If the annual rental value of the same does not exceed Rs.300/- in the case of owner occupied residential buildings within the municipal limits: Provided that in respect of houses constructed for urban poor, the municipality shall collect one rupee for every half-year towards property tax."]

(iii) ??the person to be assessed does not own any other buildings or land assessed to the property tax and is not liable to profession tax or income tax.

Section 89 - Taxation to be uniform

Save as otherwise provided in this Act, the rate of any classes of property tax on lands, when levied on their capital value, or the rate of any class of property tax on lands, when levied on their annual rental value, may be lower than the rate of the same class of property tax on buildings and there shall be uniformity in the levy of each such rate throughout the municipal area in respect of the lands or buildings as the case may be.

Section 90 - Property tax a first charge on property

The property tax on buildings and lands shall, subject to the prior payment of land revenue, if any, due to the Government thereon, be a first charge upon the said buildings or lands and upon the movable property, if any found, within or upon the same and belonging to the person liable to such tax. [177][If the tax due in respect of the building or land under this section is not paid within the time specified therefor, it may be recovered in the first instance by distraint under the warrant of the Commissioner, and sale of movable property of the defaulter and if for any reason, the distraint or a sufficient part of the defaulter's movable property is impracticable, the tax may be recovered by attachment and sale of the said building or land in such manner as may be prescribed].

Section 91 - Property tax when payable

[178][Property tax when payable

The property tax shall be levied every half-year and shall, save as otherwise expressly provided in Schedule II, be paid by the owner of the assessed premises within thirty days after the commencement of the half-year:]

[179]["Provided that a simple interest at the rate of two percent per mensum shall be charged in case of failure to pay property tax within the due date. Provided further that when payment of property tax is not made within the due date, the Commissioner may, after giving notice to the owner or occupier, disconnect the essential services to the premises:

Provided also that all the taxes and dues to the Municipality including the property tax payable to the Municipality shall be liable to be recovered as if they were arrears of land revenue."]

Section 91A - Power to correct the assessment records

[180][(1) If at any time it appears to the council that any person or property has been inadvertently omitted from the assessment records or inadequately or improperly assessed relating to any tax, or a clerical or arithmetical error is committed in the records maintained in relation to such assessment, it may direct the Commissioner to assess or reassess or correct the errors as the case may be:

Provided that no such direction shall be given where it involves an increase in the assessment unless the person affected is afforded an opportunity to show cause against the proposed action.

(2) ??Such assessment or reassessment or correction of records shall not relate, to a period earlier than the five half years immediately preceding the current half year."]

Section 92 - Vacancy remission

(1)     When any building or land or any portion of any premises which has been treated as a separate property for the purpose of assessing the property taxes has been vacant [181][thirty or more consecutive days in the half-year] for the Commissioner shall, subject to the provisions hereinafter contained, remit the property taxes, if any, to a maximum of one half of the amount paid in respect of taxes; for the number of days that such vacancy lasted.

 

(2)     For the purpose of Sub-section (1),--

 

(a)      premises shall be deemed to be vacant only if they are unoccupied and unproductive of rent;

 

(b)      premises shall be deemed to be productive of rent, if let to a tenant having a continuing right of occupation thereof, whether they are actually occupied by such tenant or not;

 

(c)      premises furnished or reserved by the owner for his own occupation whenever required shall be deemed to be occupied whether they are actually occupied by the owner or not,

 

(d)      premises used or intended to be used for the purposes of any industry which is seasonal in character shall not be deemed to be vacant merely on account of their being unoccupied and unproductive of rent during such period or periods of the [182][half-year] in which seasonal operations are normally suspended;

 

(e)      a vacancy which has continued during the whole of the month of February shall be deemed to have continued for not less than thirty consecutive days.

 

(3)     Every demand for remission under sub-section (1) shall be made during the [183][half-year] in respect of which the remission is sought or in the following [184][half-year] and not afterwards.

 

(4)     (a) No demand for such remission shall be entertained unless the owner of the building, land or premises or his agent has previously thereto delivered notice to the Commissioner?

 

(i)       that the building, land or premises is vacant and unlet; or

 

(ii)      that the building, land or premises will be vacant and unlet from a specified date either in the [185][half-year] in which notice is delivered or in the succeeding [186][half-year].

(b) ??No demand for such remission shall be entertained in the case of a person who is in arrears of property tax due by him otherwise than in a fiduciary capacity to the municipality, in respect of which a bill has been duly served upon him and the time, if any, specified therein for payment has expired.

(c) ??The period in respect of which the remission is made shall be calculated--

(i)       If remission is sought in respect of the [187][half-year] in which notice is delivered, from the date of delivery of the notice or from the date on which the building, land or premises became vacant and unlet whichever is later; and

 

(ii)      If remission is sought in respect of the [188][half-year] succeeding that in which the notice is delivered, from the commencement of the [189][half-year] in respect of which remission is sought or from the date on which the building, land or premises became vacant and unlet, whichever is later.

(d)? ?Every notice under clause (a) shall expire which the [190][half-year] succeeding that during which it is so delivered and shall have no effect thereafter.

Section 93 - Obligation of transferor and transferee to give notice of transfer

(1)     Whenever the title of any person, primarily liable to the payment of property tax on any premises, to or over such premises is transferred, the person whose title is transferred and the person to whom the same shall be transferred shall, within three months after the execution of the instrument of transfer or after its registration if it be registered, or after the transfer is effected, if no instrument be executed, give notice of such transfer to the Commissioner.

 

(2)     In the event of the death of any person primarily liable as aforesaid, the person to whom the title of the deceased shall be transferred as heir or otherwise shall give written notice of such transfer to the Commissioner within one year from the death of the deceased.

 

(3)     The notice to be given under this section shall be in such form as the Commissioner may direct and the transferee or the person to whom the title passes, as the case may be, shall, if so required, be bound to produce before the Commissioner any documents evidencing transfer or succession.

 

(4)     Every person who makes a transfer as aforesaid without giving such notice to the Commissioner shall in addition to any other liability which he incurs through such neglect, continue to be liable for the payment of property tax assessed on the premises transferred until he gives notice or until the transfer shall have been recorded in the municipal registers, but nothing in this section shall be held to affect?

 

(a)      the liability of the transferee for the payment of the said tax; or

 

(b)      the prior claim of the council under Section 90.

Section 94 - Owner's obligation to give notice of construction, reconstruction or demolition of building

(1)     (a) If any building in a municipality is constructed or reconstructed, the owner shall be given notice thereof to the Commissioner within thirty days from the date of completion or occupation of the building whichever is earlier.

(b)? ?If such date falls within the last [191][two months of a half-year], the owner shall subject to notice being given under clause (a), be entitled to a remission of the whole of the tax or enhanced, tax as the case may be, payable in respect of the building only for that [192][half-year.]

(c)? ?If such date falls within the first [193][four months of a half-year], the owner shall, subject to notice being given under Clause (a) be entitled to a remission of so much, not exceeding a half of the tax or enhanced tax, as the case may be, payable in respect of the building only, for that [194][half-year], as is proportionate to the number of days in that year succeeding the demolition or destruction, as the case may be, payable in respect of the building only, for that [195][half-year] as is proportionate to the number of days in that year preceding such date.

(2)     ?(a) If any building in a municipality is demolished or destroyed, the owner shall, until notice thereof is given to the Commissioner, be liable for the payment of the property tax which would have been available had the building not been demolished or destroyed.

(b) ??If such notice is given within the first two months of a half-year, the owner shall be entitled to a remission of the whole of the tax payable in respect of the building for that [196][half-year].

(c)? ?If such notice is given within the last [197][four months of a half-year], the owner shall be entitled to a remission of such sum not exceeding a half of the tax payable in respect of the building for that half-year as is proportionate to the number of days in that year succeeding the demolition or destruction, as the case may be.

Section 95 - Power of Commissioner or valuation officer to call for information and to enter upon premises

(1)     For the purpose of assessing the property tax, the Commissioner or valuation officer appointed under Rule 9 of Schedule II, may, by notice, call on the owner or occupier of any land or building to furnish him, within thirty days after the service of the notice, where the notice is served upon the Government, Railway Administration or a company and within such further period, not exceeding seven days, as may be specified by the Commissioner or valuation officer, with returns of the rent payable for the land or building, the cost of erecting the building and the measurements of the land with such other information as the Commissioner or valuation officer may require; and every owner and occupier on whom such notice is served shall be bound to comply with it and to make a true return to the best of his knowledge or belief.

 

(2)     For the purpose aforesaid the Commissioner or Valuation Officer or any other person authorised by them in this behalf may enter, inspect, survey and measure such building or land after giving reasonable notice to the owner or occupier.

Section 96 to 102 - [Omitted]

[198][ - - - ]

Section 103 - General provisions regarding tax on carriages and carts

(1)     If the council by a resolution determines that a tax on carriages and a tax on carts shall be levied, the Commissioner shall take steps to levy the said tax yearly on carriages and carts kept or used within the municipality.

 

(2)     The rates of tax shall be determined by the council, provided that in no case they shall exceed the maxima laid down in Schedule II in respect of carriages, and in respect of carts, such rates shall not exceed eight rupees per cart per year.

Section 104 - Liability to tax according to period for which carriage has been kept

(1)     Every person having possession, custody or control of any taxable carriage shall be liable for the yearly tax, if the carriage has been kept or used within the municipality for an aggregate period of not less than one hundred and twenty days in the year.

 

(2)     If such aggregate period exceeds thirty days but is less than one hundred and twenty days, a moiety of the yearly tax shall be leviable.

 

(3)     If such aggregate period does not exceed thirty days, no tax shall be leviable for the year.

 

(4)     Every person having possession, custody or control of any taxable carriage within the municipality shall, until the contrary is shown, be presumed to have kept or used the same within the municipality for one hundred and twenty days in the year.

Section 105 - Cart liable to tax to be registered

(1)     Every owner of any such carts shall register it once in every year in the municipal office.

 

(2)     The council may direct that a municipal number shall be affixed to every registered cart.

 

(3)     The commissioner shall notify certain days in every year for the registration and numbering of carts and the payment of the tax.

 

(4)     All registrations made and numbers affixed under this section shall be entered in a book to be kept for the purpose at the municipal office.

 

(5)     Such book shall be open at all reasonable times to the inspection, free of charge, by any person who pays any tax to the municipality.

 

(6)     No tax shall be levied on any cart which is shown to the satisfaction of the Commissioner to have been kept or used within the municipality for an aggregate period not exceeding thirty days in an year.

Section 106 - Non-liability to tax in certain cases

Notwithstanding anything in Section 104, no person shall be liable--

(a)      to pay tax to the municipality during any year on any carriage or cart in respect of which the tax for the same year has already been paid to the municipality by some other person; or

 

(b)      to pay to the municipality on any carriage or cart in respect of which tax has already been paid to any other municipality or any other local authority or cantonment board, whether under this Act relating to such other local authority or the Cantonments Act, 1924 (Central Act 2 of 1924) more than the excess, if any of the tax payable in the municipality in respect of such carriage or cart over the tax already paid to the other municipality, the other local authority or the cantonment board, as the case may be.

Section 107 - Exemptions

A carriage or cart tax shall not be levied on--

(a)      carriages or carts belonging to the Government and used for defence purposes;

 

(b)      carriages or carts belonging to the council;

 

(c)      carriages or carts kept solely for sale by the carriage or cart maker and dealers;

 

(d)      carriages or carts which have been under repair or kept by a carriage or cart maker during the whole of the year;

 

(e)      children's parambulators and tricycles;

 

(f)       carriages or carts kept solely to be used for the conveyance of the sick, the injured or the dead, free of charge.

 

(g)      private bicycles and owner driven rickshaws.

Section 108 - Compounding of tax

With the sanction of the council or in accordance with regulations framed by the body, the Commissioner may compound, for at any period with any livery stable keeper or other person keeping carriages for sale or hire, for a certain sum to be paid in lieu of the carriage tax.

Section 109 - Forms to be sent to and returned by tax payers

(1)     The Commissioner shall send to every person liable to the tax on carriages a printed table to be filled up with such information respecting the carriages kept or used by him as the Commissioner considers necessary for the assessment of the tax.

 

(2)     Such table shall be filled up with such information in writing and signed and dated and returned within thirty days of its receipt to the municipal office by the person to whom it has been sent.

 

(3)     On the expiry of the period of thirty days referred to in sub-section (2), the Commissioner shall cause a notice to be served on such person requiring him to pay within thirty days of the date of such service the sum for which, in the opinion of the Commissioner such person is liable on account of the tax on carriages.

Section 110 - Grant of licence to carriages on payment of tax-prepayment of tax-conditions precedent to registration of carriages

(1)     When any person pays the amount of tax due in respect of any carriage the Commissioner shall grant him a licence to keep or use such carriage for the period to which the payment relates.

 

(2)     Where the Andhra Pradesh (Andhra Area) Hackney Carriages Act, 1911 (Act V of 1911), or any other law similar thereto for the time being in force, is in force in any area of a municipality, the person appointed to perform the functions of the Commissioner under the said Act or law in respect of such area shall, before registering any carriage thereunder, satisfy himself that the council has received payment of the tax, if any, due under Section 103 on account of the last preceding year and the current year.

Section 111 - Power to require numbers to be affixed to bicycles etc.

(1)     The Commissioner may direct that a municipal number shall be affixed?

 

(a)      to every carriage let out for hire within the municipality; and

 

(b)      to every bicycle and tricycle kept or used within the municipality.

 

(2)     The numbers affixed under sub-section (1) shall be registered in the municipal office.

 

(3)     The owner of every carriage, bicycle or tricycle shall pay such fee as the Commissioner may fix towards the cost of the plate or discontinuing the number.

Section 112 - Seizure of vehicles not bearing numbers

(1)     If a municipal number is not affixed to a cart or carriage (hereinafter referred to as vehicle) in pursuance of a direction issued under Section 105 or Section 111, as the case may be, the Commissioner may, at any time, seize and detain the vehicle and the annual, if any, by which it is drawn:

Provided that no vehicle other than bicycle, or tricycle shall be seized or detained when actually employed in the conveyance of any passenger or goods.

(2)     If the vehicle or animal seized be not claimed and the tax due thereon be not paid within ten days from the date of seizure, the Commissioner may direct that the vehicle or animal shall be sold in public auction and the proceeds of the sale applied to the payment of?

 

(i)       the tax, if any, due on the vehicle or animal sold;

 

(ii)      such penalty not exceeding the amount of the tax as the Commissioner may direct; and

 

(iii)     the charges incurred in connection with the seizure, detention and sale.

 

(3)     If the owner of the vehicle or animal or other person entitled thereto claims the same within ten days from the date of seizure or at any time before the sale, it shall be returned to him on payment of?

 

(i)       the tax due thereon;

 

(ii)      such penalty not exceeding the amount of the tax as the Commissioner may direct; and

 

(iii)     the charges incurred in connection with the seizure and detention.

Section 113 - Tax on Animals

(1)     If the council by a resolution determines that a tax on animals shall be levied, the Commissioner shall take steps to levy the said tax yearly on the animals which are kept or used within the municipality and which are of the kinds specified in Schedule II.

 

(2)     The rates of tax shall be determined by the council provided that in no case they shall exceed the maximum laid down in Schedule II.

 

(3)     The provisions of Sections 104 and 106 to 110 in so far as they relate to the levy of tax on carriages shall, with the necessary modifications, apply to the levy of tax on animals.

Section 114 - Tax on advertisements

Every person who erects, exhibits fixes, or retains upon or over, any land, building, wall, hoarding or structure, any advertisement or who displays any advertisement to public view in any manner whatsoever, in any place whether public or private, shall pay on every advertisement which is so erected, exhibited, fixed, retained or displayed to public view, a tax calculated at such rates and in such manner and subject to such exemptions as the council may, with the approval of the Government, by resolution determine:

Provided that the rates shall be subject to the maximum and minima laid down by the Government in this behalf:

Provided further that no tax shall be levied under this section on any advertisement or a notice--

(a)      of a public meeting; or

 

(b)      of an election to any legislative body or to the council ; or

 

(c)      of a candidature in respect of such an election:

Provided also that no such tax shall be levied on any advertisement which is not a sky-sign and which--

(a)      is exhibited within the window of any building; or

 

(b)      relates to the trade or business carried on within the land or building upon or over which such advertisement is exhibited or to any sale, or letting of such land or building or any effect therein or to any sale entertainment or meeting to be held upon or in the same; or

 

(c)      relates to the name of the land or building upon or over which the advertisement is exhibited or to the name of the owner or occupier of such land or building; or

 

(d)      relates to the business of any railway administration; or

 

(e)      is exhibited within any railway station or upon any wall or other property of a railway administration except any portion of the surface of such wall or property fronting any street.

Explanation I.--

The word "structure" in this section shall include any movable board on wheels used as an advertisement or an advertisement medium.

Explanation II.--

The expression "sky-sign" shall, in this section, mean any advertisement, supported on or attached to any post, pole, standard, frame-work or other support wholly or in part upon or over any land, building, wall or structure, which, or any part of which, shall be visible against the sky from some point in any public place and includes all and every part of any such post, pole, standard, frame-work or other support. The expression "sky-sign" shall also include any balloon, parachute or other similar device employed wholly or in part for the purposes of any advertisement upon or over any land, building or structure or upon or over any public place but shall not include--

(a)      any flagstaff, pole, vane or weathercock, unless adapted or used wholly or in part for the purpose of any advertisement; or

 

(b)      any sign or any board, frame or other contrivance securely fixed to or on the top of the wall or parapet of any building or on the cornice or blocking course of any wall or to the ridge of a roof:

Provided that such board, frame or other contrivance be or one continuous face and not open work, and does not extend in height more than one meter above any part of the wall, or parapet or ridge, against or on which it is fixed or supported;

(c)      any advertisement relating to the name of the land or building upon or over which the advertisement is exhibited or to the name of the owner or occupier of such land or building; or

 

(d)      any advertisement relating exclusively to the business of a railway administration and placed wholly upon or over any railway, railway station, yard, platform or station approach belonging to a railway administration and so placed that it cannot fall in to any street or public place; or

 

(e)      any notice of land or building to be sold or let, placed upon such land or building.

Explanation III.--

"Public place" shall, for the purpose of this section, means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not.

Section 115 - Prohibition of advertisements without written permission of Commissioner

(1)     No advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure within the municipality or shall be displayed in any manner whatsoever in any place without the written permission of the Commissioner.

 

(2)     The Commissioner shall not grant such permission if?

 

(i)       the advertisement contravenes any bye-laws made by the council under clause (3) of Section 330; or

 

(ii)      the tax, if any, due in respect of the advertisement has not been paid.

 

(3)     Subject to the provisions of sub-section (2) in the case of any advertisement liable to the advertisement, the Commissioner shall grant permission for the period to which the payment of the tax relates and no fees shall be charged in respect of such permission:

Provided that the provisions of this section shall not apply to any advertisement relating to the business of a railway administration erected, exhibited, fixed or retained on the premises of such administration.

Section 116 - Permission of the Commissioner to become void in certain cases

The permission granted under Section 115 shall become void in the following cases, namely.--

(a)      if the advertisement contravenes any bye-law made by the council under clause (30) of Section 330;

 

(b)      if any addition to the advertisement be made expect for the purpose of making it secure under the direction of municipal engineer, or the Commissioner;

 

(c)      if any material change be made in the advertisement or any part thereof;

 

(d)      if the advertisement or any part thereof falls otherwise than through accident;

 

(e)      if any addition or alteration be made to or in the building, wall or structure upon or over which the advertisement is erected, exhibited, fixed or retained, is such addition or alteration involves the disturbance of the advertisement or any part thereof ; and

 

(f)       if the building, wall or structure upon or over which the advertisement is erected, exhibited, fixed or retained, be demolished or destroyed.

Section 117 - Owner or person in occupation to be deemed responsible

Where any advertisement is erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure in contravention of the provisions of Section 114 or Section 115 or after the written permission for the erection, exhibition, fixation or retention therefor for any period has expired or become void, the owner or person in occupation of such land, building, wall, hoarding or structure shall be deemed to be the person who has erected, fixed or retained such advertisement in such contravention, unless, he proves that such contravention was committed by a person not in his employment or under his control or was committed without his connivance.

Section 118 - Removal of unauthorised advertisements

If any advertisement is erected, exhibited, fixed or retained contrary to the provisions of Section 114 or Section 115 or after the written permission for the erection, exhibition, fixation or retention thereof for any period has expired or become void, the Commissioner may, by notice in writing require the owner or occupier of the land, building, wall, hoarding or structure upon or over which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any building, land or property and have the advertisement removed, and the costs thereof shall be recoverable in the same manner as property tax.

Section 119 - Collection of tax on advertisements

The Commissioner may form out the collection of any tax on advertisement leviable under Section 114 for any period not exceeding one year at a time on such terms and conditions as may be determined by the council.

Section 120 - Method of assessment of duty on transfers of property

The duty on transfers of property shall be levied--

(a)      in the form of a surcharge on the duty imposed by the Indian Stamp Act, 1899, (Central Act 2 of 1899) for the time being in force in the State, on every instrument of the descriptions specified below, in respect of the whole or part of the immovable property, as the case may be, situated within the limits of a municipality; and

 

(b)      at such rate as may be fixed by the Government, not exceeding five per centum on the amount specified below against such instrument;

Section 121 - Provisions of the Indian Stamp Act, 1899, applicable on the introduction of duty on transfers of property

On the introduction of the duty on transfers of property--

(a)      Section 27 of the Indian Stamp Act, 1899 (Central Act 2 of 1899) shall be read as if it specifically requires the particulars to be set forth separately in respect of property situated within the limits of a municipality and outside such limits; and

 

(b)      Section 64 of the same Act shall be read as if it referred to the Council concerned as well as the Government.

Section 122 - Power to make rules regarding assessment and collection of duty on transfer of property

The Government may make rules not inconsistent with this Act for regulating the collection of the duty on transfer of property, the payment thereof to the councils concerned and the deduction of any expenses incurred by the Government in the collection thereof.

Section 123 - Compensation to Municipalities towards loss of income from toll, etc.

(1)     Notwithstanding anything in any law for the time being in force there shall be paid from the Consolidated Fund of the State annually or at such period as may be specified by the Government, from time to time

 

(i)       to each municipality specified in Schedule VIII which was constituted prior to the first day of April, 1961;

 

(a)      in the Andhra Area, the sum shown against the municipality in Part A of that Schedule, as compensation for the loss of income from tolls or vehicle tax on motor vehicles or both which the said municipality was deriving under the proviso to Section 10(1)(a)(v) of the Andhra Pradesh (Andhra Area) Motor Vehicles Taxation Act, 1931, (Act 111 of 1931) before the said proviso was omitted by the Madras Motor Vehicles Taxation (Andhra Amendment) Act, 1956 (Act 111 of 1956).

 

(b)      in the Telangana area, the sum shown against the municipality in Part B of that Schedule, as compensation for the loss of income from tolls on animals and Vehicles which the municipality was levying under Section 107 of the Andhra Pradesh (Telangana Area) District Municipalities Act, 1956, (Act XVIII of 1956) before the said section was omitted by Section 3 of the Hyderabad Municipal Corporation and Andhra Pradesh (Telangana Area) District Municipalities (Andhra Pradesh Amendment) Act, 1961 (Act XXXVIII of 1961).

 

(ii)      to each municipality constituted on or after the 1st day of April, 1961?

 

(a)      in the Andhra area, a sum equal to the average annual income derived by the district board from tolls or vehicle tax on motor vehicles or both during the three years ending on the 31st day of March, 1961 within the area for which the municipality was constituted, from out of the sum payable to the Zilla Parishad which is now functioning in the place of such district board ;

 

(b)      in the Telangana area, a sum equal to the average annual income derived by the district board from the tolls on animals and vehicles during the three years ending on the 31st day of March, 1961 within the area for which the municipality was constituted; from out of the sum payable to the Zilla Parishad which is now functioning in the place of such district board:

Provided that if it is not possible to determine such annual income in the case of any municipality, the sum payable to the municipality under sub-clause (a) or sub-clause (b) of this clause shall be determined by the Government in consultation with the Zilla Parishad concerned as provided in sub-section (3) of this section;

(iii)     to each municipality specified in Part C of that Schedule, the sum shown thereof, as compensation for the loss in income due to the abolition of fees or licences granted to motor vehicles which the said municipality was deriving under Section 10(1)(a)(iv) of the Andhra Pradesh (Andhra Area) Motor Vehicles Taxation Act, 1931 (Act III of 1931).

 

(iv)    to each municipality in the State constituted prior to the 1st day of April, 1963?

 

(a)      in the Andhra area, a sum calculated at the rate of thirty paise per head of population at the last census in the municipality towards the loss of income on account of the abolition of fees for the use of cart-stand levied on motor vehicles, if such municipality was deriving any income from fees during any one of the three years immediately preceding that day;

 

(b)      in the Telangana area a sum calculated at the rate of thirty paise per head of population at the last census, in the municipality towards the loss of income on account of the abolition of tax on motor vehicles, if such municipality was deriving any income from that tax during any one of the three years immediately preceding that day.

 

(2)     The Government shall determine the amounts payable to the municipalities under clause (ii) of sub-section (I) and the said determination shall be final.

 

(3)     In determining the amount payable to the municipalities under Clause (ii) of sub-section (1), the Government shall take into account?

 

(a)      the arrears of tolls or vehicles tax on motor vehicles or both left uncollected which could have been collected; and

 

(b)      the amounts which the municipalities or the Zilla Parishads should have paid to any other local authority constituted under any enactment for the time being in force on account of collections made on behalf of such local authority and remaining to be adjusted.

 

(4)     Notwithstanding anything contained in the foregoing sub-sections, the Government may vary the amount or rate of compensation payable to the municipality:

Provided that no such variation shall be made to the disadvantage of the municipality.

[201][(5) The Government may impose a suitable cut in the amounts of grants or as the case may be the compensation to be released in respect of Municipalities whose tax collection is less than eighty-five per cent of the demand of each year.]

Section 124 - Power to write off irrecoverable taxes, etc.

The council may write off any tax, fee or other amount whatsoever due to it, whether under a contract or otherwise, or any sum payable in connection therewith, if, in its opinion, such tax, fee, amount or sum is irrecoverable.

Section 125 - Definition of Municipal Fund

All moneys received by the council shall constitute a fund which shall be called the municipal fund and shall be applied and disposed of subject to the provisions of this Act or other laws.

Section 126 - Budget estimate

[202][Budget estimate

The council shall, in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget to the Government before such date as may be fixed by them in that behalf. The budget shall contain provisions, adequate in the opinion of the Government, for the due discharge of all liabilities in respect of loans contracted by the council, for the maintenance of a working balance, and for the execution of such works as the Government may undertake or approve under Section 65. If the budget as submitted to the Government fails to make those provisions, the Government may modify any part of the budget so as to ensure that such provisions are made].

Section 127 - Revised or supplementary budget

If, in the course of a year, a council finds it necessary to modify the figures shown in the budget with regard to its receipts or to the distribution of the amounts to be expended on the different services it undertakes, it may submit a supplemental or revised budget provided that no alteration shall be made without the consent of Government in the amount allotted for the service of debt or in the working balance.

Section 128 - Appointment of auditors of accounts

The Government shall appoint auditors of the accounts of receipts and expenditure of the municipal fund. Such auditors shall be deemed to be 'public servants' within the meaning of Section 21 of the Indian Penal Code.

Section 129 - Contribution to expenditure by other local authorities

(1)     If the expenditure incurred by the Government or by any other municipality to which this Act applies or by any other local authority in the State for any purpose authorised by or under Part II of Schedule II is such as to benefit the inhabitants of a municipality, the council may, with the sanction of the Government, make a contribution towards such expenditure.

 

(2)     The Government may direct a council to show cause, within a month after receipt of the order containing the direction, why any contribution described in sub-section (1) should not be made.

 

(3)     If the council fails to show cause within the said period to the satisfaction of the Government, the Government may direct it to make such contribution as they may specify and it shall be paid accordingly.

Section 130 - Application of Schedule II

The rules and tables embodied in Schedule II be read as part of this chapter.

Section 131 - Guarantee of Government of principal of, and interest on, the loans floated by council for purposes of the Act

(1)     The principal of and, interest on the loans floated by a council, to such maximum amount as may be fixed by the Government and subject to such condition as they may think fit to impose, shall carry the guarantee of the Government.

 

(2)     The Government may increase the maximum amount of any guarantee given by them.

 

(3)     The Government may, after consulting the council,--

 

(a)      by notification in the Andhra Pradesh Gazette, and

 

(b)      by notice for not less than fourteen days in such of the principal newspapers in the municipality as the Government may select in this behalf, discontinue any guarantee given by them or restrict the maximum amount thereof or modify the conditions subject to which it is given with effect from a specified date not being earlier than six months from the date of publication of the notification in the Andhra Pradesh Gazette :

Provided that in cases where the maximum amount of the guarantee is to be restricted or the conditions subject to which the guarantee is given are to be modified, the notification and notice aforesaid shall set forth with sufficient clearness the scope and effect of the restriction or modification :

Provided further that the withdrawal, restriction or modification of any guarantee under this sub-section shall not affect in any way the guarantee carried by any loan taken prior to the date on which such withdrawal, restriction or modification takes effect.

Section 132 - Recovery of loans and advances made by the Government

Notwithstanding anything in the Local Authorities Loans Act, 1914 (Central Act 9 of 1914), or any other law similar thereto for the time being in force, the Government shall be entitled to recover in the manner provided by sub-section (3) of Section 64 of this Act or by suit, any loan or advance made to any council for any purpose to which the funds of the said council may be applied under this Act.

Section 132A - Finance Commission

[203][(1) The Finance Commission constituted by the Governor in pursuance of Article 243-I of the Constitution shall also review the financial position of the Municipalities and make recommendations to the Government as to,--

(a)      the principles which should govern,--

 

(i)       the distribution between the State and the Municipalities of the net proceeds of the taxes, duties, tolls and feels leviable by the State, which may be divided between them under this part and the allocation between the Municipalities 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 Municipalities;

 

(iii)     the grants-in-aid to the Municipalities from the Consolidated Fund of the State;

 

(b)      the measures needed to improve the financial position of the Municipalities;

 

(c)      any other matter referred to the Finance Commission by the Government in the interests of sound finances of the Municipalities.

(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.]

Section 133 - Vesting of works in councils

(1)     All public water courses and springs, all public reservoirs, tanks, cisterns fountains, wells, stand-pipes and other water-works existing at the commencement of this Act or afterwards made, laid or erected, and whether made, laid or erected at the cost of the council or otherwise, and also any adjacent land, not being private property, appertaining thereto shall vest in the council and be subjects to its control :

Provided that nothing in this section shall apply to any work which is, or is connected with, a work of irrigation or to any adjacent land appertaining to any such work.

(2)     The Government may, by notification in the Andhra Pradesh Gazette, limit or define such control or may assume the administration of any public source of water-supply and public land adjacent and appertaining thereto after consulting the council and giving due regard to its objections, if any.

Section 134 - Construction and maintenance of water works

(1)     The council may, with the sanction of the Government direct the construction of such works as it deems fit outside the limits of the municipality for supplying it with water and may provide channels, reservoirs cisterns, engines, mains, wells, fountains, stand-pipes and other works as it may deem fit within the said limits for the use of the inhabitants.

 

(2)     The council may cause existing works, for the supply of water to be maintained and supplied with water, or it may close any such works and may cause them to be maintained and supplied with water.

 

(3)     The council may, if it deems fit, entrust water and drainage works to private firms, with the previous approval of the Government.

Section 135 - Constitution of water boards for local authorities

(1)     Notwithstanding anything in Section 133, the Government may constitute a water board for one or more municipalities or other local authorities for the construction and maintenance of water works for the supply of water to such municipalities or local authorities.

 

(2)     The local authority or authorities, for which water board is constituted under sub-section (1), shall, subject to such conditions as may be prescribed, be bound to take water from such water board on and from the date of completion of the construction or the commencement of the maintenance of a water works by such water board.

Section 136 - Trespass on premises connected with water supply

It shall not be lawful for any person except with permission duly given and obtained to enter upon land belonging to, or vested in, a council along which a conduit or pipe runs, or upon any premises connected with the water-supply.

Section 137 - Prohibition of building over water mains

(1)     Without the permission of the council, no building, wall or other structure shall be newly erected and no street or railway shall be constructed over any municipal water mains.

 

(2)     If any building, wall or other structure be so erected or any street or railway be so constructed the council may cause the same to be removed or otherwise dealt with as shall appear to it fit, and the expenses thereby incurred shall be paid by the persons offending.

Section 138 - Council to provide water for use

The council shall so far as the funds at its disposal may admit, provide a sufficient supply of water fit for the use of the inhabitants.

Section 139 - Control over connections

All connections whether within or outside the premises to which they belong, with any water-supply mains constructed by a council shall be under the control of the council, but shall be altered, repaired and kept in proper order at the expense of the owner of the premises to which they belong or for the use of which they were constructed and in conformity with bye-laws land regulations framed by the council in this behalf.

Section 140 - Private water supply for consumption and use and power of the Chairperson to enforce provision of water supply

(1)     In municipalities in which there is a pipe supply of water the Chairman may, on application by the owner or occupier of any building arrange, in accordance with the bye-laws, to supply water thereto for consumption and use.

 

(2)     Whenever it appears to the Chairman that any building assessed, at an annual rental value of not less than [204][three hundred rupees] is without a proper supply of water for consumption and use and that such a supply can be furnished from a main not more than thirty metres distant from any part of such building, the Chairperson may, by notice, require the owner or obtain such supply and to execute all such works as may be necessary for that purpose in accordance with the bye-laws and regulations.

 

(3)     the cost of making the connections and the cost or hire of meters shall be borne by the owner or applicant and shall be recoverable in the same manner as the property tax.

Section 141 - Power of council to make bye-laws for water supply

(1)     For all water supplied under Section 140, payment shall be made on such basis, at such times, and on such conditions as may be laid down in the bye-laws made by the council, and shall be recoverable in the same manner as the property tax.

 

(2)     In particular and without prejudice to the generality of the foregoing power, such bye-laws may?

 

(a)      provided for the classification of supply of water under the following categories, namely.?

 

(i)       supply to residential buildings;

 

(ii)      supply to residential hotels;

 

(iii)     supply to shops, commercial establishments (other than industrial undertakings), restaurants, eating houses, theaters and places of public amusement or entertainment;

 

(iv)    supply to industrial undertakings;

 

(v)      supply to non-residential buildings not falling within the scope of category (ii), category (iii) or category (iv).

Explanation.--

In this clause, unless the context otherwise requires, the expression 'commercial establishment' 'eating house', 'residential hotel', 'restaurant', 'shop', and 'theatre', shall have the meanings assigned to them in the Andhra Pradesh (Andhra Area) Shops and Establishments Act, 1947 (Act XXXVI of 1947)[205];

(b)      provide for the levy of different rates of charge in respect of water supplied to the different categories specified in clause (a);

 

(c)      in cases of supply to residential buildings, lay down the maximum free allowances to be made and the rates of charge to be levied in respect of water supplied in excess of such allowance; and

 

(d)      in cases of supply to all buildings lay down that the charge for water supplied shall be based on the number of taps allowed, irrespective of the quantity of water consumed.

Section 142 - Levy and collection of pipe-line service charges

[206][The Government may, by notification, direct the council 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 specified in Clause (a) of Sub-section (2) of Section 141 to defray the capital cost of pipeline service works undertaken by the council 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 Council.]

Section 142A - Penal action for meddling with water mains

[207][(1) Whoever unlawfully breaks, or otherwise causes any damage to any public channel, tank, reservoir, cistern, well, fountain or stand pipe or diverts water or the work connected with water supply or without due authority, opens or removes any lock, cock or pipe belonging to, or under the management or control of the Municipal Council; or

(2)?? ?unlawfully draws or takes water from any water works belonging to the municipal council or under their management or control;

shall be punishable with a fine which may extend upto five hundred rupees but which shall not be less than one hundred rupees or with imprisonment not exceeding six months.]

Section 143 - Supply beyond the limits of Municipality

The council may, with the sanction of the Government and shall, on the direction of the Government, supply water to local authority or other person outside the Municipality on such terms, if any, as may be approved by the Government.

Section 144 - Power to disconnect water supply

(1)     The Commissioner or any person authorised by him in this behalf may cause to disconnect the supply of municipal water from any premises where,--

 

(a)      the premises are unoccupied;

 

(b)      any water tax or any sum due for water for the cost of making a connection or for the cost or hire of a meter or for the cost of carrying out any work or test connected with the water supply, which is chargeable to any person by or under this Act, is not paid within fifteen days after a bill for such tax or sum has been prescribed;

 

(c)      after receipt of a notice from the Commissioner requiring him to refrain from so doing, the owner or occupier continues to use the water or to permit it to be used in contravention of any bye-laws made under this Act;

 

(d)      the owner or occupier neglects within a period specified in any notice issued by the Commissioner under any bye-law made under this Act to put a meter or to comply with any other lawful order or requisition;

 

(e)      the owner or occupier wilfully or negligently damages his meter or any pipe or tap conveying municipal water;

 

(f)       the occupier refuses to admit the Commissioner or the person authorised into premises which he proposes to enter for the purpose of executing any work or of placing or removing any apparatus or of making any examination or inquiry in connection with the water supply, or prevents the Commissioner or the person authorised from doing such work, placing or removing such apparatus or making such examination or inquiry;

 

(g)      any pipes, taps, works or fittings connected with the municipal water supply are found on examination by the Commissioner or the person authorised to be out of repair to such an extent as to cause waste or contamination of water;

 

(h)     the owner or occupier causes pipes, taps, works or fittings connected with the municipal water supply to be placed, removed, repaired or otherwise interfered with in, violation of the bye-laws:

Provided that in a case falling under clauses (e), (f), (g) or (h), the Commissioner or the person authorised shall not take action, unless notice of not less than twenty-four hours is given to the owner or occupier of the premises.

(2)     The expense of disconnecting the supply shall be paid by the owner or occupier of the premises.

 

(3)     In cases falling under clause (b) of sub-section (1), as soon as any money for non-payment of which water is disconnected together with the expense incurred thereof is paid by the owner or occupier, the Commissioner shall cause water to be supplied as before on payment of the cost, if any, of reconnecting the premises with the municipal water-works.

 

(4)     No action taken under this section shall relieve any person from any penalties or liabilities which he may otherwise have incurred.

Section 145 - Non-liability of council for disconnection, or stoppage of supply in certain cases

Notwithstanding anything in any agreement the council shall not be liable to any penalty or damages for disconnecting supply of water or for not supplying water, in the case of any drought, or other unavoidable cause or accident, or the necessity for relaying or repairing pipes.

Section 146 - Provision for lighting in public streets

The council shall, so far as the funds at its disposal permit, cause the public streets to be lighted and for that purpose shall provide such lamps and works as it thinks necessary.

Section 147 - Maintenance of system of drainage by council

The council shall, so far as the funds at its disposal may permit, provide and maintain a sufficient system of public drains.

Section 147A - Acceptance of contributions towards the capital cost of underground drainage

[208][The Government may, by notification direct the council to levy and collect pipe-line service charges from every owner or occupier of a premises, to which underground drainage connection has been given at such rate as may be prescribed to the different categories specified therein to defray the capital cost of sewerage and sewage treatment works undertaken by the council and the operation and maintenance of the sewerage 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 sewerage system by the Council.)

Section 148 - Owners of buildings to pay for clearance of sullage from their buildings by connecting their house-drains with public drains

(1)     For the discharge of drainage from private premises by connecting houses drains with municipal drains, payment shall be made under any one of the basis mentioned in sub-section (2) which the council may, by resolution, specify, at such times, and on such conditions as may be laid down in the bye-laws made by the council and shall be recoverable in the same manner as the property tax.

 

(2)     The basis referred to in sub-section (1) shall be the following:

 

(a)      a monthly rent at such rate for each building as may be laid down in the bye-laws;

 

(b)      such percentage of the capital value of the building as may be laid down in the bye-laws;

 

(c)      the number 6f taps allowed, irrespective of the quantity of water consumed.

Section 149 - Control over house drains, privies and cess pools

All house drains whether within or outside the premises to which they belong and all private latrines and cess polls within the municipality shall be under the control of the council but shall be altered, repaired, cleaned and kept in proper order at the expense of the owner of the premises to which the same belong or for the use of which they were constructed, and in conformity with bye-laws and regulations framed by the council in this behalf.

Section 150 - Connection of house-drains or private latrines with public drains or underground sewers

(1)     The Commissioner shall, on an application by the owner or occupier of any premises or the owner of private street, arrange in accordance with the bye-laws, for the connection of the applicant's drain with any public drain, and where there is underground sewer, any private latrine with any underground sewer, at a distance not exceeding one hundred meters therefrom at the applicant's expense.

 

(2)     (a) If there is a public drain or underground sewer or out-fall within a distance not exceeding thirty meters of the nearest point on any premises, or if within such distance, a public drain or underground sewer or out-fall is about to be provided or is in the process of construction, the Commissioner may, by notice, direct the owner or occupier of the said premises to construct a drain leading therefrom to such drain or underground sewer or place of out-fall, and to execute all such works, as may be necessary in accordance with the bye-laws and regulations at owner's expense.

(b) ??Where the said owner or occupier fails to comply with the notice specified in clause (a) within fifteen days of its service, the Commissioner may construct the said drain and may direct that the expenses of constructing it shall be recovered in the same manner as property tax.

(3)     If any premises are, in the opinion Commissioner, without sufficient means of effectual drainage, but no part thereof is situated within thirty meters of a public drain or underground sewer or its place of out-fall, the Commissioner may, by notice, direct the owner or occupier of the said premises to construct a cess-pool or septic tank or filters of such material, dimensions and description in such position and at such level as the Commissioner thinks necessary, and to construct a drain or drains emptying into such cess-pool, tank or filters, and to execute all such works as may be necessary in accordance with the bye-laws and regulations :

Provided that--

(a)      no requisition shall be made under this section on any person who has been exempted from payment of the property tax under sub-section (5) of Sec. 88; and

 

(b)      no person shall be required under this section to expend a sum exceeding ten times the property tax on any such building, with the land assessed with it as part of the same premises or, in the case of buildings exempted under Sec. 88, ten times the property tax which would be payable on such building with the land which would be assessed with it to the property tax, if such building were not exempt; and if any amount exceeding the said sum is expended, the excess shall be borne by the council.

This corresponds to Section 139 of the Andhra Act.

In the old Act the duty of arranging for the connection of house drains was with the Executive Committee. In this Act the Chairman is given this duty.

Section 151 - Commissioner may close or limit the use of existing private drains

(1)     Where a drain connecting any premises with a public drain or other place set apart by the council for discharge of drainage is sufficient for the effectual drainage thereof and is otherwise unobjectionable, but is not, in the opinion of the Commissioner adapted to the general drainage system of the municipality or of the part of the municipality in which such drain is situated, the Commissioner with the approval of the council may?

 

(a)      subject to the provisions of sub-section (2), close, discontinue or destroy the said drain and do any work necessary for that purpose; or

 

(b)      direct that such drain shall from such date as he specifies in this behalf, be used for sullage and sewage only, or for water unpolluted with sullage or sewage only and by notice require the owner of the premises to make, at his own expense an entirely distinct drain for water unpolluted with sullage or sewage or for sullage and sewage.

 

(2)     No drain may be closed, discontinued or destroyed by the Commissioner under clause (a) of sub-section (1), except on condition of his providing another drain as effectual for the drainage of the premises and communicating with a public drain or other place aforesaid, and the expense of the construction of any drain so provided by the Commissioner and of any work done under clause (a) of Section (1) shall be paid by the council.

Section 152 - Power of Commissioner to drain premeses in combination

(1)     When the Commissioner is of opinion that any group or block of premises, any part of which is situated within thirty meters of a municipal drain already existing or about to be provided or in the process of construction, may be drained more economically or advantageously in combination than separately, the Commissioner may cause such group of block of premises to be drained and the expenses incurred by the Commissioner in so doing shall be paid by the owners in such proportions as the Commissioner may decide.

 

(2)     Not less than fifteen days before any work under this section is commenced, the Commissioner shall give notice to the owners of?

 

(a)      the nature of the intended work;

 

(b)      the estimated expenses thereof; and

 

(c)      the proportion of such expenses payable by each owner:

 

(3)     The owners, for the time being, of the several premises constituting a group or block, drained under Sub-section (1), shall be the joint owners of every drain constructed, erected or fixed, or continued for the special use and benefit only of such premises and shall, in the proportion in which it is determined that they are to contribute to the expenses incurred by the Commissioner under Sub-section (1), be responsible for the expense of maintaining every such drain in good repair and efficient condition.

Section 153 - Building etc., not to be erected without permission over drains

(1)     Without the permission of the council, no person shall place or construct any fence, building culvert, drain-covering, drain or other structure or any street, railway or cable over, under, in or across, any public drain, or stop up, divert, obstruct or in any way interfere with, any public drain, whether it passes through public or private ground.

 

(2)     The Commissioner may remove or otherwise deal with anything placed or constructed in contravention of Sub-section (1) as he shall think fit and the cost of so doing shall be recoverable from the owner thereof in the manner provided in Section 364.

Section 154 - Construction of culverts or drain converings by owner or occupier

(1)     The Commissioner may, by notice, require the owner or occupier of any building or land adjoining a public street to construct culverts or drain-coverings over the side channels or ditches at the entrances to the said building or land.

 

(2)     All culverts or drain-coverings or pials maintained over side channels or ditches by the owners or occupiers of adjacent buildings or lands shall be of such form and size and consist of such materials and be provided with such means of ventilation as the Commissioner may by notice require and shall be maintained and kept free from all obstructions at the expense of the said owners or occupiers.

Section 155 - Power to regulate discharge of water from building or land

(1)     The owner or occupier of any building in a public street shall, within fifteen days after receipt of notice in that behalf from the Commissioner put up and thence forward, keep and maintain in good condition proper troughs and pipes built and fixed in accordance with the directions, if any, issued by the Commissioner or contained in the bye-laws of the council, for catching and carrying the water from the roof and other parts of such building and for discharging such water in such manner as the Commissioner may permit.

 

(2)     For the purposes of efficiently draining any building or land the Commissioner may, by notice?

 

(a)      require any court-yard, alley or passage between two or more buildings to be paved by the owners of such buildings with such materials and in such manner as may be approved by him; and

 

(b)      require such pavement to be kept in proper repair.

Section 156 - Provision of public latrines and urinals

The council shall, as far as the funds at its disposal may permit, provide and maintain in proper and convenient places a sufficient number of public latrines and urinals and shall cause the same to be daily cleaned and kept in proper order.

Section 156A - Licensing of Public latrines and urinals

[209][(1) On receipt of an application from any person in the prescribed form and on payment of the fee prescribed, the Commissioner may issue a license for a period not exceeding one year for maintaining a latrine or urinal for public use.

(2) ??No person shall keep or maintain a public latrine or urinal without a license under sub-section (1).

(3) ??Every licensee of a public latrine or urinal shall maintain it cleanly and keep it in proper order.]

Section 157 - Provision of latrines by owner or occupier

(1)     The municipal health officer may by notice require the owner or occupier of any building within the time specified in such notice to provide a latrine or alter or remove from an unsuitable to a more suitable place any existing latrine in accordance with the directions contained in such notice for the use of the persons employed in or about or occupying such building and to keep it clean and in proper order.

 

(2)     Every owner or occupier of the ground on which any group of six or more huts stands shall provide latrines of such description and number and in such position as the municipal health officer may by notice require within such time as may be fixed in the notice for the use of the inhabitants of such huts.

 

(3)     Where the owner or occupier of the building or ground has made any default in providing any such latrine within the time specified, the [210][Chairperson] may construct the latrine and may direct that the expense of constructing it shall be recovered in the same manner as the property tax.

Section 158 - Provision of latrines for labourers

Every person employing workmen, labourers or other persons exceeding ten in number, shall provide and maintain for the separate use of persons of each sex so employed, latrines of such description and number and in such position, as the municipal health officer may, by notice require, within such time as may be fixed in the notice.

Section 159 - Provision of latrines for markets, cart-stands, cattle sheds, choultries, etc.

The Municipal health-officer may by notice require the owner or manager of a market, cart-stand, cattle-shed, choultry, theatre, railway station, dock, wharf or other place or public resort within the time specified in such notice to provide and maintain for the separate use of persons of each sex, latrines of such description and number and in such position as may be specified in such notice.

Section 160 - Latrines to be screened from view and kept clean

All latrines shall be so constructed as to screen persons using the same and the filth from the view of the persons passing by or residing in the neighborhood and shall be kept clean and in proper order.

Section 161 - Power to carry wire, pipes, drains, etc., through private property subject to causing as little inconvenience as possible and paying for direct damage

The Commissioner may carry any cable, wire, pipe, drain or channel of any kind to establish or maintain any system of drainage, water-supply or lighting, through, across, under, or over any road, street or place laid out for a road or street, and after giving reasonable notice to the owner or occupier, through, across, under, over or up the side of any land or building in the municipality and may place and maintain posts, poles, standards, brackets or other contravenes, to support wires and lights on any pole or post in the municipality not vested in the Government and may do all acts necessary for repairing or maintaining any such cable, wire, pipe, drain, channel, post, pole, standard, bracket, or other similar contrivance in an effective state for the purpose of which it is intended to be used or for removing the same:

Provided that such work shall be done so as to cause the least practicable nuisance or inconvenience to any person:

Provided further that the Commissioner shall, with the sanction of the council, pay compensation to any person who sustains damage by the exercise of such power.

Section 162 - Prohibition against making connection with mains without permission

(1)     No person shall, without the permission of the Commissioner make any connection with any municipal cable, wire, pipe, drain, channel or with the connection of any other person.

 

(2)     The Commissioner may by notice require any connection made in contravention of Sub-section (1) to be demolished, removed, closed, altered or remade.

Section 163 - Powers in respect of works outside the municipality

(1)     The council shall not undertake new works beyond the limits of the municipality without the sanction of the Government.

 

(2)     The Council may, in the execution and for the purpose of any works beyond the limits of the municipality sanctioned by the Government whether before or after the passing of his Act, exercise all the powers which it may exercise within the municipality throughout the line of the country through which conduits, channels, pipes, lines of posts and wires and the like run, and with the sanction of the Government.

 

(a)      over any lake, tank or reservoir, from which a supply of water for drinking, for producing electric energy or for other purposes is derived and over all lands within one kilometer water level of any such lake, tank or reservoir;

 

(b)      over any water-course from which a supply of water for drinking for producing electric energy or for other purposes is derived within one kilometer above and half kilometer below any point at which water is taken for such area; and

 

(c)      over any lands used for sewage, farms, sewage disposal tanks, filters and other works connected with the drainage of the municipality.

Section 164 - Council to arrange for the removal of rubbish and filth and for the preparation and sale of compost

The council shall make adequate arrangements for--

(a)      the regular sweeping and cleaning of the streets and removal of sweepings therefrom;

 

(b)      the daily removal of filth and carcasses of animals from private premises;

 

(c)      the daily removal of rubbish from dust-bins and private premises, and with this object, it shall provide?

 

(i)       depots for the deposits of filth, rubbish and the carcasses of animals;

 

(ii)      covered vehicles or vessels for the removal of filth;

 

(iii)     vehicles or other suitable means for the removal of the carcasses of large animals and rubbish;

 

(iv)    dust-bins for the temporary deposit of rubbish;

 

(d)      utilization of road sweepings, rubbish and filth for preparation of compost and its sale;

 

(e)      the utilization of carcasses of animals for the supply of bones for the purpose of manures and its sale.

Clause (a) to (c) correspond to Section 153(a) to (c) of the Andhra Act. Clauses (d) & (e) are new provisions.

Section 165 - Contribution from persons having control over places or pilgrimage

Where a mosque, temple, mutt, or any place of religious worship or instruction or any place which is used for holding fairs, festivals or for other like purpose, is situated within the limits of a municipality or in the neighborhood thereof and attracts either throughout the year or in particular occasion a large number of persons any special arrangements necessary for public health, safety or convenience whether permanent or temporary shall be made by the council and the council may require the trustee or other person having control over such place to make such recurring or non-recurring contribution as the Government may determine to the funds of the council.

Section 166 - Prohibition of improper disposal of carcasses, rubbish and filth

No person shall, after due provision has been made under Section 164 by the council for deposit and removal of the same,--

(a)      deposit the carcasses of animals, rubbish or filth in any street, or on the varandah of any building, or on any unoccupied ground alongside any street or any public quarry, jetty or landing place, or on the bank of a water-course or tank; or

 

(b)      deposit filth or carcasses of animals in any dustbin or in any vehicle not intended for the removal of the same; or

 

(c)      deposit rubbish in any vehicle or vessel intended for the removal of filth save for the purpose of deodorizing or disinfecting the filth.

Section 167 - Prohibition against keeping night-soil, etc.

No owner or occupier of any premises shall keep or allow to be kept for more than forty-eight hours night-soil, putrid, putrefying substances or any offensive matter on such premises of any building or on the roof thereof or in any out-building, or any place thereof, or fails to comply with any requisition of the municipal health officer as to the construction, repair, paying or cleaning of any latrine, on or belonging to, his premises.

Section 168 - Prohibition against allowing out flow of filth

No owner or occupier of any premises shall allow water from any sink, drain, latrine or stable, or any other filth to flow out of such premises to any portion of a street except a drain or a cesspool or to flow out of such premises in such manner as to cause an avoidable nuisance by the soakage of the said water or filth into the walls or grounds at the side of a drain forming a portion of a street.

Section 169 - Prohibition against using any cart without cover in the removal of filth, etc.

No person shall, in the removal of filth, use any cart or receptacle not having a proper covering for preventing the escape of the contents thereof, or of the stench therefrom, or intentionally by or negligently spill any filth in the removal thereof, or omit carefully to sweep and clean every place in which any such filth has been spilled or placed or set down in any public place any filth whether in a vessel closed or open.

Section 170 - Prohibition against throwing rubbish or filth into drains

No person shall put or cause to be put any rubbish or filth into any public drain not intended for rubbish or filth or into any drain communicating with any such public drain.

Section 170A - Disposal of waste

[211][Every Municipal Council shall arrange for the disposal of the waste collected by it in such manner as may be prescribed.]

Section 171 - Maintenance and repair of streets

(1)     The Council shall, at the cost of the municipal fund, cause the public streets and bridges to be maintained and repaired and may, from the same fund, meet the cost of all improvements to the same which are necessary or expedient for the public safety or convenience:

[212][Provided that the powers of the council under this sub-section shall also be exercisable by the Chairperson where the cost of maintenance, repair or improvement does not exceed--

(a)      rupees one thousand five hundred per annum in the case of second grade or third grade municipality;

 

(b)      rupees three thousand per annum in the case of any other municipality.]

 

 

(2)     The council may entrust to any other local authority with the consent of such authority the maintenance of any public street or portion thereof, the cost of maintenance being provided by the Council.

Section 171A - 'Government's power to repair the public streets vested in the Municipal Council

[213][(1) Notwithstanding anything contained in this Act, it shall be competent for the Government or any other agency authorised by them in this behalf to exercise the powers of the Council and the Commissioner vested in them by or under this Act for the purpose of repairing the public streets and bridges vested in the Council and also to lay new roads at their own expense in public interest.

(2)? ?For the purpose of enabling the Government or the agency authorised by them to undertake repairs under sub-section (1), the public streets and bridges shall vest in the Government temporary from a date to be notified by them in this behalf and thereupon it shall be competent for the Government to take over possession of the public streets and bridges from the said date. The public streets and bridges or any new roads laid under sub-section (1) shall continue to vest in the Government until the notification is revoked and thereafter stand transferred to the Council.

(3) ???It shall be the duty of the Council and the Commissioner to carry out any directions issued by the Government for the purposes of sub-sections (1) and (2).

Section 172 - Powers of municipal authorities

(1)     The council may?

 

(a)      lay out and make new public streets;

 

(b)      construct bridges and sub-ways;

 

(c)      turn, divert or with the special sanction of the Government permanently close any public street or part thereof;

 

(d)      widen, open, extend or otherwise improve any public street.

 

(2)     The owners and occupiers of any land or buildings which are acquired for, or affected by any such purposes shall be paid such reasonable compensation as may be determined by the executive committee.

Section 173 - Power to dispose of permanently closed streets

(1)     When a public street is permanently closed under Section 172 the council may, with the sanction of the Government, dispose of the site or of so much thereof as is no longer required in such manner as may be approved by the Government, provided that due compensation is made to any person injured by such closing.

 

(2)     In determining such compensation, allowance shall be made for any benefit accruing to the same premises or any adjacent premises belonging to the same owner from the construction or improvement of any other public street, at or about the same time that the public street, on account of which the compensation is paid, is closed.

Section 174 - Acquisition of land and buildings for improvement of streets

(1)     The council may acquire?

 

(a)      any land required for the purpose of turning, diverting, opening, widening, extending, or otherwise improving any public street, or of making any new public street, and the buildings, if any, standing upon such land; and

 

(b)      any land outside the proposed street alignment, with the buildings, if any, standing thereupon:

Provided that in any case in which it is decided to acquire any land under clause (b) of this sub-section, the owner of such land may retain it by paying to the council an annual sum to be fixed by the council in that behalf, or a lumpsum to be fixed by the council, not being less than twenty-five times such annual sum and subject to such conditions as the council thinks fit as to the removal of the existing building, if any, the description of the new building, if any, to be erected, the period within which the new building, if any, shall be completed and any other similar matters.

(2)     If any sum payable in pursuance of the proviso to sub-section (1) in respect of any land to be not duly paid, it shall be recoverable in the manner provided by this Act for the collection of taxes, and, if not so recovered, the Commissioner may enter upon the land, and sell it, with any erections standing thereon, by public auction subject to the conditions, if any, imposed under sub-section (1) above and may deduct the said sum and the expenses of the sale from the proceeds of the sale and shall pay the balance, if any, to the defaulter.

 

(3)     Any sum paid in pursuance of the proviso to sub-section (1) or recovered under sub-section (2) in respect of any land shall be left out of account in determining the capital value or the annual rental value of such land for the purpose of assessing it to the property tax.

 

(4)     Any land or building acquired under clause (b) of sub-section (1) may be sold, leased or otherwise disposed of after public advertisements, and any conveyance made for that purpose may comprise such conditions as the council think fit as to the removal of the existing building, if any, the description of the new building, if any, to be erected, the period within which the new building, if any, shall be completed and any other similar matters.

 

(5)     The council may require any person to whom any land or building is transferred under sub-section (4) to comply with any conditions comprised in the said conveyance before it places him in possession of the land or building.

Section 175 - Power to specify building line and street alignment

(1)     The council may?

 

(a)      specify for any public street a building line or a street alignment or both;

 

(b)      from time to time, define a fresh line in substitution for any line so defined or for any part thereof:

Provided that in either case,--

(i)       at least one month before the meeting of the council at which the matter is, decided, public notice of the proposal has been given and special notice thereof has also been put up in the street or part of the street for which such line is proposed to be defined; and

 

(ii)      the council has considered all objections to the said proposal made in writing and delivered at the municipal office not less than three clear days before the day of such meeting.

 

(2)     A register with plans attached shall be kept by the Commissioner showing all publicities in respect of which a building, lane or street alignment or both have been specified and such register shall contain such particulars as may appear to the Commissioner to be necessary and shall, at all reasonable times, be open for public inspection.

This corresponds to Sec. 166 of the Andhra Act and Sec. 139 of the Hyderabad Act.

Sub-section (2) is a new provision.

Section 176 - Buildings not to be constructed within street alignment or building line

(1)     No person shall construct any portion of any building within a street alignment defined under Section 175.

 

(2)     No person shall erect or add to any building between a street alignment and a building line defined under Section 175 except with the permission of the Commissioner who may, when granting the permission, impose such conditions as the council may lay down for such cases.

Section 177 - Setting back projecting buildings or walls

(1)     When any building or part thereof abutting on a public street is within a street alignment defined under Section 175, the commissioner may, whenever it is proposed?

 

(a)      to rebuild such buildings or take it down to an extent exceeding one half thereof above the ground level, such half to be measured in cubic centimeters, or

 

(b)      to remove, reconstruct or make any addition, to any portion of such building which is within the street alignment, by an order require such building, addition or alteration to be set back to the street alignment:

Provided that such setting back shall not be required in respect of such building or a portion thereof which has not been demolished and rebuilt.

(2)     When any building or any part thereof within the street alignment falls down or is burnt down or is, whether by order of the Commissioner or otherwise, taken down, or when any private land without any building thereon lies within the street alignment Commissioner may forthwith take possession on behalf of the council of the portion of land within the street alignment, and if necessary, clear it.

 

(3)     Land acquired under this section shall be deemed to be a part of the public street and shall vest in the council.

 

(4)     When any building is set back in pursuance of any requisition made under sub-section (1), or when the Commissioner takes possession of any land under sub-section (2), the council shall, within ninety days from the date of such setting backing or taking possession, make full compensation to the owner for any direct damage which he may sustain thereby.

Explanation.--

The expression 'direct damage', as used in sub-section (4) with reference to land, means the market value of the land taken and the depreciation, if any, in the ordinary market value of the rest of the land resulting from the area being reduced in size; but does not include damage due to the prospective loss of any particular use to which the owner may allege that he intended to put the land, although such use may be injuriously affected by the reduction of the site.

Section 178 - Setting buildings forward to improve line of street

The council may, upon such terms as it thinks fit, allow any building to be set forward for the purpose of improving the line of a public street and may, by notice, require any building to be so set forward in the case of re-construction thereof or of a new construction.

Explanation.--

For the purpose of this section, a wall separating a premises from a public street shall be deemed to be a building; and shall be deemed a sufficient compliance with permission or requisition to set forward a building to the street alignment, if a wall of such material and dimensions as are approved by the Commissioner is erected along the side line.

Section 179 - Projected streets

(1)     The council may prepare schemes and plans of proposed public streets showing the direction of such streets, the street alignment and building line on each side of them, their intended width and such other details as may appear desirable.

 

(2)     The width of such proposed streets shall not ordinarily be less than twelve metres, or in any area covered by huts, nine meters.

 

(3)     It shall be the duty of the council to lay out public streets in areas covered by huts, so far as may be practicable, both for the purpose of securing proper ventilation for huts in such areas, and in view of the contingency of buildings being erected therein.

 

(4)     When any plan has been prepared under Sub-section (1) the street to which it refers shall be deemed to be a projected public street, and the provisions of Section 177 shall apply to all buildings, so far as they stand across the street alignment or building line of the projected street.

Section 180 - Watering of streets

The council shall, so far as it considers it requisite for the public convenience, and so far as funds permit, cause the chief public streets to be watered, and for that purpose may provide such water-carts, animals and apparatus as it thinks necessary.

Section 181 - Temporary closure of streets

The Commissioner may by an order in writing temporarily close any street to traffic for repair, or in order to carry out any work connected with drainage, water-supply or lighting or any of the purposes of this Act :

Provided that such work shall be completed and such street re-opened to traffic with all reasonable speed.

Section 182 - Protection of appurtenances and materials of streets

It shall not be lawful for any person, without the permission of the Commissioner, to displace, take up, or make any alteration in the fences, posts, pavements, flags or other materials of any public street.

Section 183 - Power of municipality to recover expenses caused by extraordinary traffic

When by a certificate of an officer of the Government of a rank not below that of executive engineer it appears to the council, that having regard to the average expense of repairing road in the neighborhood, extraordinary expenses have been incurred by the council in repairing a street by reason of the damage caused by excessive weight passing along the street, or extraordinary traffic thereon, the council may recover, in the Civil Court, having jurisdiction, from any person by or in consequence of whose order such weight or traffic has been conducted, the amount of such expenses as may be proved to the satisfaction of such Court to have been incurred by such council by reason of the damage arising from such weight or traffic as aforesaid:

Provided that any person against whom expenses are or may be recoverable under this section, may enter into an agreement with the council for the payment to it of a compensation in respect of such weight or traffic and thereupon the persons so paying shall not be subject to any proceedings under this section.

Section 184 - Owner's obligation to make a layout and to form a street or road when disposing of lands as building sites

(1)     The owner of any agricultural land who intends to utilise or sell such land for building purposes shall pay to the council such conversion fee as may be fixed by the council, not being less than twenty-five paise and not more than one rupee per square metre:

[214][Provided that no such conversion fee shall be payable where an agricultural land belonging to charitable, religious or such other institutions as may be prescribed is intended to be utilised or sold for building purposes].

(2)     The owner of any land shall, before he utilises, sells, leases, or otherwise disposes of such land or any portion thereof, as sites for construction of buildings?

 

(a)      make a layout and form a street or road giving access to sites and connecting them with an existing public or private street except in the cases where the sites abut on an existing public or private street;

 

(b)      set apart in the layout adequate area of land on such a scale as may be prescribed for a play-ground, a park, an educational institution or for any other public purpose.

 

(3)     Unless the conditions specified in Clauses (a) and (b) of Sub-section (2) are satisfied, the owner shall not be entitled to utilise, sell, lease, or otherwise dispose of his land or any portion thereof for the construction of buildings.

 

(4)     No permission for the construction of buildings in such land or portion thereof shall be granted unless?

 

(i)       the street or road as required in Clause (a) of Sub-section (2) is laid out and the condition required in Clause (b) thereof is fulfilled;

 

(ii)      all layouts indicating sub-divisions of land, however small they are, are approved by the council;

 

(iii)     any proposal for sub-division before it is registered in the records of the municipality is certified by the town planning officer as having been approved;

 

(iv)    in all cases of sub-division?

 

(a)      the plot is not less than the size fixed by the council from time to time;

 

(b)      the streets and lanes proposed conform to the minimum standards fixed by the council;

[215][(v) a copy of the title deed of the land duly attested by a Gazetted Officer of the Government together with an urban land ceiling clearance certificate, in case the extent of land exceeds the ceiling limit and if it does not exceed the ceiling limit an affidavit declaring that the total extent of land held by such holder, his or her spouse and unmarried minor children does not exceed the ceiling limit are furnished.]

Section 185 - Making of a layout and forming of new private streets or road

(1)     Any person intending to make a layout and form a new private street or road shall send to the municipal office a written application with plans and sections showing the following particulars namely.?

 

(a)      the intended level, direction and width of the street;

 

(b)      the street alignment and the building line;

 

(c)      the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving, lighting the street, and the provision for water-supply mains; and

 

(d)      the area set apart for public purposes under clause (b) of Sub-section (2) of Section 184.

[216][(e) a copy of the title deed of the land duly attested by a Gazetted Officer of the Government together with an urban land ceiling clearance certificate, or as the case may be an affidavit, referred to in Section 184.]

(2)     In addition to the particulars referred to in Sub-section (1), such person shall?

 

(i)       where there is conversion of agricultural land, enclose a certificate to the effect that conversion fees as required under Sub-section (1) of Section 184 has been paid; and

 

(ii)      for the purpose of fulfilling the obligations imposed under Section 184, deposit as security such amount, as may be prescribed, in the municipal treasury, or give as security in favour of the municipality and such extent of the land, and of such value, as may be prescribed, in the area covered by his layout.

 

(3)     The Commissioner shall, within fifteen days from the date of its receipt in the municipal office, call for further particulars, where necessary or forward the same to the Director of Town Planning where further particulars are called for they shall be furnished by the applicant within ten days from the date of receipt of the notice by him and the Commissioner shall forward to the Director of Town Planning, the layout plan with full particulars within a period of fifteen days from the date of receipt of particulars from the applicant. The Director of Town Planning shall, within sixty days from the date of receipt of the layout plan in his office, forward his recommendations to the municipality. The council may, within sixty days from the date of receipt of the recommendation of the Director of Town Planning, sanction the layout having due regard to such recommendations and subject to such conditions as it may deem fit or refuse to sanction for reasons to be recorded in writing.

 

(4)     Such sanction may be refused on any of the following grounds namely?

 

(i)       if, in the opinion of the council, the proposed street or road is likely to disturb any arrangements made or to be made, for carrying out of any general scheme for the laying out of street or road either in the master plan or a detailed town planning scheme prepared therefor under the relevant law relating to' the town planning for the time being in force;

 

(ii)      if the proposed street or road in the layout does not conform to the provisions of the Act or the rules made thereunder;

 

(iii)     if the proposed street or road is not so designed as to connect at least at one end with a street which is already open; or

 

(iv)    if adequate area has not been set apart for public purposes under clause (b) of sub-section (2) of Section 184;

[217][(v) if a copy of the title deed of the land duly attested by a Gazetted Officer of the Government together with an urban land ceiling clearance certificate, or as the case may be, an affidavit referred to in Section 184 are not furnished as required under sub-section (1) thereof;]

(5)     No person shall make a layout and form any new private street or road without, or otherwise than in conformity with, the orders of the council. If further information is called for, no steps shall be taken to make a layout and form the street or road until orders are passed in that regard. Any application not disposed of within a period of one hundred and fifty days from the date of receipt in the municipal office of the required particulars in respect of such application shall be deemed to have been sanctioned in accordance with the provisions of this Act.

Section 186 - Alteration or demolition of street or road made in breach of Section 185

(1)     If any person makes a layout and forms any street or road referred to in Section 185 without, or otherwise than in conformity with, the orders of the council, the Commissioner may, whether or not such person be prosecuted under this Act, by notice?

 

(a)      require such person to show sufficient cause, by a written statement signed by him and sent to the Commissioner on or before such days as may be specified in the notice, why such street or road should not be altered to the satisfaction of the Commissioner or if such alteration is impracticable, why such street or road should not be demolished; or

 

(b)      require such person to appear before the Commissioner either personally or by a duly authorised agent on such day and at such time and place as may be specified in the notice, and show cause as required in clause (a).

 

(2)     If any person on whom such notice is served fails to show cause to the satisfaction of the Commissioner why such street or road should not be so altered or demolished, the Commissioner may pass an order directing the alteration or demolition of such street or road.

Section 187 - Power of Commissioner to order work to be carried out or to execute it in default

(1)     Where any private street or road or part thereof, is not levelled, paved, metalled, flagged, channelled, sewered, drained, conserved or lighted, or where in any street or road water supply mains are not laid, to the satisfaction of the Commissioner, he may, by notice, require the owner of land which abuts on such street or road or part thereof to carry out any work specified in such notice within such time as is fixed therein.

 

(2)     Where such work is not carried out within the time specified in the notice, the Commissioner may, if he thinks fit, execute it and the expenses incurred therefor as determined by him shall be paid by the owner.

 

(3)     Where the owner of such land fails to pay the expenses due from him under sub-section (2), the Commissioner shall deduct the same from the deposit made by him or, as the case may be, from the amount realised by auctioning the land given as security by him, under clause (ii) of sub-sec. (2) of Section 185 and refund to him the balance, if any. Where the deposit or the amount realised by auctioning the land given as security is not sufficient to meet the expenses, the balance of the expenses, shall be recovered from him in the same manner as property tax.

 

(4)     The amount deposited or the land given as security, under clause (ii) of sub-section (2) of Section 185, may be refunded or released only on the production of a certificate from the municipal engineer that the owner has fulfilled the obligations imposed under this section and Section 184 or where the council is satisfied that the owner has given up his intention to make a layout and form a new private street or road.

Explanation.--

In this section, 'the owner' means the person referred to in Section 185.

Section 188 - Right of owner to require street to be declared public

if any street has been levelled, paved, metalled, flagged, channeled, drained, conserved and lighted under the provisions of Section 187, such street shall, on the requisition of not less than three-fourths of the owners thereof, be declared a public street by notification in the District Gazette, or, where there is no such District Gazette, in the Andhra Pradesh Gazette.

Section 189 - Prohibition against obstruction in, or over streets

No one shall build any wall or erect any fence or other obstruction or projection or make any encroachment in or over ay street except as hereinafter provided.

Section 190 - Streets open to all

All streets vested in, or to be vested in, or maintained by a council, shall be open to all persons.

Section 191 - Prohibition and regulation of doors, ground floor windows and bars opening outwards

(1)     No door, gate, bar or ground-floor window shall, without a licence from the Commissioner, be hung or placed so as to open outwards upon any street.

 

(2)     The Commissioner may, by notice, require the owner of such door, gate, bar or window to alter it so that no part thereof when open shall project over the street.

Section 192 - Removal of encroachments

[218][Removal of encroachments

(1)     The Commissioner may cause to be removed or altered?

 

(a)      any projection, encroachment or obstruction (other than a door, or gate or a necessary access thereto, or bar or ground floor windows) situated against, or in front of such premises and in, or over any street; (b) any article whatsoever, hawked or exposed for sale in a public place or in any public street in contravention of the provisions of this Act, together with any vehicle, package, box or any other thing in or on which such article is placed.

 

(2)     If the owner or occupier of the premises proves that any such projection, encroachment or obstruction under clause (a) of sub-section (1) as existed for a period sufficient under the law of limitation to give any person a prescriptive title thereto or that it was erected or made with the permission or licence of any municipal authority duly empowered in that behalf, and that the period, if any, for which the permission or licence is valid has not expired, the council shall make reasonable compensation to every person who suffers damage by the removal or alteration of the same.

 

(3)     No decision made or order passed or proceeding taken by the Commissioner effecting removal of encroachments shall be called in question before a civil Court in any suit, application or other proceeding and no injunction shall be granted by any Court in respect of any proceeding taken by the Commissioner.

Section 193 - Power to allow certain projections and erections

(1)     The Commissioner may grant a licence, subject to such conditions and restrictions as he may think fit, to the owner or occupier of any premises to put up verandahs, balconies, sunshades, weather frames and the like, to project over a street, or in street in which the construction of arcade, or to construct any step or drain-covering necessary for access to the premises.

 

(2)     The Commissioner may grant a licence subject to such conditions and restrictions as may and think fit, for the temporary erection of pandals and other structures, in a street vested in the council or in any other public place, the control of which is vested in the council.

 

(3)     The Commissioner shall have power to lease road sides and street margins vested in the Council for occupation for a temporary purpose on such terms and conditions and such period not exceeding thirty days as the Commissioner may fix.

 

(4)     But neither a licence under Sub-section (1) nor a lease under sub-section (3) shall be granted if the projection, construction or occupation is likely to be injurious to health or cause public inconvenience or otherwise materially interfere with the use of the road as such.

 

(5)     The exercise by the Commissioner of the powers under this section shall be in accordance with such rules as the Government may make in this behalf.

 

(6)     On the expiry of any period for which a licence or lease has been granted under this section, the Commissioner may, without notice, cause any projection or construction put-up under Sub-section (1) or Sub-section (2) to be removed, or cause the occupier to be evicted and the cost of so doing shall be recoverable in the manner provided in Section 364 from the person to whom the licence or lease was granted.

Section 194 - Power to evict certain persons from municipal premises

[219][(1) If the Commissioner is satisfied--

(a)      that a person authorised to occupy any premises vesting in or belonging to, the council has, whether before or after the commencement of this Act?

 

(i)       Not paid rent lawfully due from him in respect of such premises for a period of more than three months;

 

(ii)      sublet, without the permission of the council, the whole or any part of such premises;

 

(iii)     otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such premises, or

(b)      that any person without the previous permission or licence from the council is in unauthorised occupation of any premises of the council.

he may, notwithstanding anything in any law for time being in force, by notice served by post, or by affixing a copy of it on the outer door or some other conspicuous part of such premises, or in such other manner as may be, prescribed, order that such person as well as any other person, who may be in occupation of the whole or any part of the premises shall vacate the same within one month of the date of the service of the notice, and where such notice relates to any land shall also remove any building or other construction or anything deposited on it.

(2) ??If any person refuses or fails to comply with an order made under sub-section (1), the Commissioner may, after giving such person an opportunity of making his representation, confirm such order and evict that person from, and take possession of, the premises and may for that purpose use such force as may be necessary.

(3) ??If a person, who has been ordered to vacate any premises under sub-clause (i) or sub-clause (iii) of clause (a) of sub-section (1) within one month of the date of service of the notice or such longer time as the competent authority may allow pays to the council, the rent in arrears or as the case may be, carries out or otherwise complies with the terms contravened by him to the satisfaction of the Commissioner the Commissioner shall, in lieu of evicting such person under Sub-section (2), cancel his order made under Sub-section (1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him.

(4)? ?If any damage to the property of the council is caused by any person occupying any such premises, he shall be liable to pay such compensation to the council for the damage as may be fixed by the council, and the amount of such compensation shall, in case of dispute, be determined and recovered in the manner hereinafter provided.

Explanation.--

For the purpose of this section, the term "premises" shall mean any land or building or part of a building and includes--

(i)       gardens, grounds and out-houses, if any, appertaining to such building or part of a building; and

 

(ii)      any fittings affixed to such building, or part of a building for the more beneficial enjoyment thereof.

Section 195 - Precautions during repairs of streets

(1)     The Municipal Engineer or where there is no Municipal Engineer, the Commissioner shall during the construction or repair of any street, drain or premises vested in the council?

 

(a)      cause the same to be fenced and guarded;

 

(b)      take proper precautions against accident by shoring up and protecting the adjoining building; and

 

(c)      cause such bars, chains or posts to be fixed across or in any street in which any such work is under execution as are necessary in order to prevent the passing of vehicles or animals and avert danger.

 

(2)     The said officer shall cause such drain, street, or premises to be sufficiently lighted or guarded during the night while under construction or repair.

 

(3)     The said officer shall, with all reasonable speed, complete the said work, fill in the ground and repairs the said drain, street, or premises and remove the rubbish occasioned thereby.

Section 196 - Prohibition against removal of bars and lights

No person shall without lawful authority, remove any bar, chain, post or shoring timber or remove or extinguish any light set up under Section 195.

Section 197 - Prohibition against making holes and causing obstruction

(1)     No person shall make a hole or cause obstruction in any street, unless he previously obtains the written permission of the Commissioner and complies with such conditions as the Commissioner may impose.

 

(2)     When such permission is granted, such person shall at his own expense, cause such hole or obstruction to be sufficiently fenced and enclosed until the hole or obstruction is filled up or removed and shall cause such hole or obstruction to be sufficiently lighted during the night.

Section 198 - Licence for work on buildings likely to cause obstruction

If any person intends to construct or demolish any building or to alter or repair the outward part thereof, and if any street or foot-way is likely to be obstructed or rendered inconvenient by means of such work, he shall first obtain a licence from the Commissioner in that behalf and shall also--

(a)      cause the said building to be fenced and guarded;

 

(b)      sufficiently light it during the night; and

 

(c)      take proper precautions against accidents during such time as the public safety or convenience requires.

Section 199 - Clearing of debris of fallen houses etc., by occupier

If any obstruction is caused in any street by the fall of trees, structures or fences, the owner or occupier of the premises concerned shall, within twelve hours of the occurrence of such fall, or within such further period as the Commissioner may by notice allow, clear the street of such obstruction.

Section 199A - Punishment for destroying road direction

[220][Whoever, without authorisation from the Commissioner, defaces, disturbs or destroys or damages any municipal direction post, lamp post, or lamp or extinguishes any municipal light in public place, shall be punishable with fine which may extend to rupees five hundred.]

Section 200 - Naming of public streets

(1)     The council shall give names to all public streets and may, with the approval of the Government, alter the name of any public street.

 

(2)     The Municipal Engineer or where there is no Municipal Engineer, the Commissioner shall cause to be put up or painted in English and in the main language of the district on a conspicuous part of some buildings wall or place, at or near each end, corner or entrance, the name of every public street.

 

(3)     No person shall, without lawful authority, destroy, pull down, or deface any such name or put up any name different from that put up by order of the said officer.

Section 201 - Numbering of buildings

(1)     The Commissioner shall cause a number to be affixed or painted to the side or outerdoor of any building or to some place at the entrance of the premises.

 

(2)     No person shall, without lawful authority, destroy, pull down or deface any such number.

 

(3)     When a number has been affixed or painted under Sub-section (1) the owner of the building shall be bound to maintain such number and to replace it, if removed or defaced; and if he fails to do so, the Commissioner may, by notice, require him replace it.

Section 202 - Construction of buildings for public worship

No site shall be used for the construction of a building intended for public worship if the construction of a building thereon will wound the religious feelings of any class of persons.

Section 203 - Permission for construction of new building not to be granted on certain sites

No permission shall be granted for the construction of new building on any site which has been filled up with faceal or offensive vegetable or animal matter or upon which any such matter has been deposited unless the Municipal Health Officer certifies that such matter has been properly removed by excavation or otherwise or has become or been rendered innocuous.

Section 204 - Building site and construction of buildings

No piece of land shall be used as a site for the construction of a building and no building shall be constructed or reconstructed otherwise than in accordance with the provisions of this part and of any rules or bye-laws made under this Act, relating to the use of building sites or the construction or reconstruction of buildings :

Provided that the Government may, in respect of all municipalities or with the consent of the council, in respect of any particular municipality or portion thereof, exempt all buildings or any class of buildings from all or any of the provisions of this chapter or the said rules.

Section 205 - Powers of council to regulate future construction of certain classes of buildings in particular streets or localities

(1)     The council may give public notice of its intention to declare?

 

(a)      that in any streets or portions of streets specified in the notice?

 

(i)       continuous building will be allowed;

 

(ii)      the elevation and construction of the frontage of all buildings thereafter constructed or reconstructed shall in respect of their architectural features, be such as the council may consider suitable to the locality; or

 

(b)      that in any localities specified in the notice, the construction of only detached buildings will be allowed; or

 

(c)      that in any streets, portions of streets or localities specified in the notice, the construction of shops, warehouses, factories, huts or buildings of a specified architectural character, or buildings destined for particular uses, will not be allowed without the special permission of the council.

 

(2)     No objections to any such declaration shall be received after a period of three months from the publication of such notice.

 

(3)     The council shall consider all objections received within the said period and may then confirm the declaration, and before doing so, may modify it but not so as to extend its effect.

 

(4)     The Commissioner shall publish any declaration so confirmed and it shall take effect from the date of publication.

 

(5)     No person shall, after the date of publication of such declaration, construct or reconstruct any building in contravention of any such declaration.

Section 206 - Buildings at corner of streets

(1)     The [221][Council] may require any building intended to be erected at the corner of two streets to be rounded off or splayed off to such height and to such extent otherwise as it may determine and may acquire such portion of the site at the corner as it may consider necessary for public convenience or amenity and for any land so acquired the council shall pay compensation.

 

(2)     In determining such compensation, allowance shall be made for any benefit accruing to the same premises from the improvement of the streets.

This section corresponds to Section 195 of the Andhra Act.

Section 207 - Prohibition against use of inflammable materials for buildings without permission, prohibition against constructing doors, ground floor, windows and bars so as to open outwards

No external roof, varandah, pendal or wall of a building shall be constructed or reconstructed of grass, leaves, mats or other inflammable materials, except with the permission of the [222][Commissioner].

Section 208 - Prohibition against constructing doors, ground-floor windows and bars so as to open outwards

No door, gate, bar or ground-floor window which opens on any public street shall be constructed or reconstructed so as to open outwards except with the licence of the Commissioner under Section 191.

Section 209 - Application to construct or reconstruct buildings

(1)     If any person intends to construct or reconstruct a building other than a hut, he shall send to the Commissioner?

 

(a)      an application in writing for the approval of the site, together with a site plan of the land; and

 

(b)      an application in writing for permission to execute the work together with ground-plan, elevations and sections of the building, and a specification of the work.

Explanation.--

'Building' in this sub-section shall include a wall or fence of whatever height bounding or abutting on any public street.

[223][(c) a copy of the title deed of the land duly attested by a Gazetted Officer of the Government together with an urban land ceiling clearance certificate or as the case may be, an affidavit referred to in Section 184.]

(2)     Every document furnished under Sub-section (1) shall contain such particulars and be prepared in such manner as may be required under rules or bye-laws.

Section 210 - Necessity for prior approval of site

The Commissioner shall not grant permission to construct or reconstruct a building unless and until it has approved of the site or an application made under Section 209.

Section 211 - Prohibition against commencement of work without permission

The construction or reconstruction of a building shall not be begun unless and until the [224][Commissioner] has granted permission for the execution of the work.

Section 212 - Period within which Commissioner is to signify approval or disapproval

Within sixty days after the receipt of any application made under Section 209 for approval of a site or of any information or further information required under rules or bye-laws, the Commissioner shall, by written order, either approval the site or refuse on one or more of the grounds mentioned in Section 215 to approve the site.

Section 213 - Period within which Commissioner is to grant or refuse to grant permission to execute work

Within sixty days after the receipt of any application made under Section 209 for permission to execute any work or of any information orof documents or further information or documents required under rules or bye-laws, the Commissioner shall by written order either grant such permission or refuse on one or more of the grounds mentioned in Section 215 to grant it: 

Provided that the said period of sixty days shall not begin to run until the site has been approved under Section 212.

Section 214 - Effect of delay in grant or refusal of approval or permission

If within the period prescribed by Section 212 or Section 213, as the case may be, the Commissioner has neither given nor refused its approval of a building site, or its permission to execute any work, as the case may be, such approval or permission shall be deemed to have been given; and the applicant may proceed to execute the work, but not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act.

Section 215 - Grounds on which approval of sites for or licence to construct or reconstruct building may be refused

The only grounds on which approval of a site for the construction or reconstruction of a building or permission to construct or reconstruct a building may be refused are the following, namely.--

(1)     that the work, or use of the site for the work or any of the particulars comprised in the site plan, ground plan elevations, sections or specification would contravene some specified provision of any law or some specified order, rule, declaration or bye-laws made under any law.

 

(2)     that the application for such permission does not contain the particulars or is not prepared in the manner required under rules or bye-laws;

 

(3)     that any of the documents referred to in Section 209 have not been signed as required under rules or bye-laws;

 

(4)     that any information [225][or a copy of the title deed of the land duly attested by a Gazetted Officer of the Government together with an urban land ceiling clearance certificate, or as the case may be, an affidavit referred to in Section 184 are not furnished] or documents required by the Commissioner under rules or bye-laws have or have not been duly furnished.

 

(5)     that streets or roads have not been made as required by Section 184.

 

(6)     that the proposed building would be an encroachment upon Government or municipal land.

Whenever the Commissioner refuses to approve a building site for a building or to grant permission to construct or reconstruct a building, the reasons for such refusal shall be specifically stated in the order.

Section 216 - Lapse of permission

If the construction or reconstruction of any building is not completed within the period specified, the permission shall lapse and a fresh application shall be made before the work is continued.

Section 217 - Power to require alteration of work

(1)     If the [226][Commissioner] finds that the work?

 

(a)      is otherwise than in accordance with the plans or specifications which have been approved; or

 

(b)      contravenes any of the provisions of this Act or any bye-law, rule, order of declarations made thereunder he may, by notice, require the owner of the building within a period stated either?

 

(i)       to make such alterations as may be specified in the said notice with the object or bringing the work into conformity with the said plans or provisions; or

 

(ii)      to show cause why alteration should not be made.

 

(2)     If the owner does not show cause as aforesaid he shall be bound to make the alterations specified in such notice.

 

(3)     If the owner shows cause as aforesaid the [227][Commissioner] shall by an order cancel the notice issued under Sub-section (1), or confirm the same subject to such modifications as it may think fit.

Section 218 - Stoppage of work endangering human life

Notwithstanding anything in any of the preceding sections the town planning officer may, at any time stop the construction or reconstruction of any building if in his opinion the work in progress endangers human life and shall report the fact to the Commissioner who shall have powers to pass such orders as he thinks fit for reasons to be recorded in writing.

Section 219 - Application of certain sections to wells

The provisions of Section 209, Section 210, Section 211, Section 216, Section 217 and Section 221 shall, so far as may be, apply to a well.

Section 220 - Application to construct or reconstruct huts

(1)     Every person who intends to construct or reconstruct hut shall send to the Commissioner,--

 

(a)      an application for permission to execute the work; and

 

(b)      a site plan of the land.

 

(2)     Every such application and plan shall contain the particulars and be prepared in the manner required by rules or bye-laws.

Section 221 - Prohibition against commencement of work without permission

The construction or reconstruction of a hut shall not be begun, unless and until the Commissioner has granted permission for the execution of the work on an application sent to him under Section 220.

Section 222 - Period within which Commissioner is to grant or refuse to grant permission to execute the work

Within fourteen days after the receipt of any application made under Section 220 for permission to construct or reconstruct a hut or of any information or plan or further information or fresh plan required under rules or bye-laws, the Commissioner shall, by written order, either grant such permission or refuse on one or more of the grounds mentioned in Section 224 to grant it.

Section 223 - Effect of delay in grant or refusal of permission

If within the period prescribed by Section 222, the Commissioner has neither granted nor refused to grant permission to construct or reconstruct a hut such permission, shall be deemed to have been granted and the applicant may proceed to execute the work but not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act.

Section 224 - Grounds on which permission to construct or reconstruct hut may be refused

The only ground on which permission to construct or reconstruct a hut may be refused are the following, namely.--

(1)     that the work or use of the site for work would contravene some specified provision of any law or some specified order, rule, bye-law or declaration made under any law.

 

(2)     that the application for permission does not contain the particulars or is not prepared in the manner required under rules or bye-laws;

 

(3)     that any information or plan required by the Commissioner under rules or bye-laws has not been duly furnished;

 

(4)     that streets or roads have not been made as required by Section 184; or

 

(5)     that the proposed building would be an encroachment upon Government or municipal land.

Whenever the Commissioner refuses to grant permission to construct or reconstruct a hut, the reasons for such refusal shall be specifically stated in the order.

Section 225 - Lapse of permission

If the construction or reconstruction of any hut is not completed within the period specified, the permission shall lapse and a fresh application shall be made before the work is continued.

Section 226 - Maintenance of external walls in repairs

The owner or occupier of any building adjoining a public street shall keep the external part thereof in proper repair with lime plaster or other material to the satisfaction of Commissioner.

Section 227 - Application of provisions to alterations and additions

(1)     The provisions of this chapter and of any rules or bye-laws made under this Act relating to construction and reconstruction of buildings shall also be applicable to any alteration thereof or addition thereto: Provided that works of necessary repair which do not affect the position or dimension of a building or any room therein shall not be deemed as an alteration or addition for the purposes of this section.

[228][- - -]

Section 228 - Demolition or alteration of building work unlawfully commenced, carried on or completed

(1)     If the Commissioner is satisfied?

 

(i)       that the construction or reconstruction of any building or well?

 

(a)      has been commenced without obtaining the permission of the Commissioner or the Chairperson as the case may be, or where an appeal has been made to the council, in contravention of any order passed by the council; or

 

(b)      is being carried on, or has completed, otherwise than in accordance with the plans or particulars on which such permission or order was based; or

 

(c)      is being carried on, or has been completed, in breach of any of the provisions of this Act or of any rule or bye-law made under this Act or of any direction or requisition lawfully given or made under this Act or such rules or bye laws; or

 

(ii)      that any alterations required by any notice issued under Section 217 have not been duly made; or

 

(iii)     that any alteration of or addition to any building or any other work made or done for any purpose into or upon, any building, has been commenced or is being carried on or has been completed in breach of Section 227, he may make a provisional order requiring the owner or the builder to demolish the work done or so much of it as in the opinion of the said officer, has been unlawfully executed or to make such alterations as may, in his opinion, be necessary to bring the work into conformity with the Act, bye-laws, rules direction or requisition as aforesaid, or with the plans and particulars on which such permission or order was based; and may also direct that until the said order is complied with, the owner or builder shall refrain from proceeding with the building or well.

 

(2)     The said officer shall serve a copy of the provisional order made under Sub-section (1) oh the owner of the building or well, together with a notice requiring him to show cause within a reasonable time to be named in such notice why the order should not be confirmed.

 

(3)     If the owner fails to show cause to the satisfaction of the said officer, he may [229][ - - - - ] confirm the order with such modification as [230][he thinks fit] to make, and such order shall then be binding on the owner.

Section 229 - Exemptions

(1)     Any building constructed and used or intended to be constructed and used, exclusively for the purpose of a plant-house, summer-house, not being a dwelling house, poultry house or aviary, shall be exempted from the provisions of this chapter other than Section 208 provided the building by wholly detached from, and situated at a distance of at least three meters from the nearest adjacent building.

 

(2)     The Commissioner may grant permission at his discretion on such terms as he may decide in each case to erect for a specified period temporary huts or sheds for stabling, for watching crops, for storing tools or materials, or for other similar purposes. On expiry of the period specified, the Chairperson may, by notice, require the owner of such hut or shed to demolish it.

Section 230 - Application of Schedule III

The rules embodied in Schedule III shall be read as part of this chapter.

Section 231 - Precaution in case of dangerous structures

(1)     If any structure appears to the Commissioner to be in a ruinous state and dangerous to the passers by or to the occupiers of neighboring structures, he may by notice require the owner or occupier to fence off, take down, secure or repair such structures so as to prevent any danger therefrom.

 

(2)     If immediate action is necessary, the Commissioner shall himself before giving such notice or before the period of such notice expires, fence off, take down, secure or repair such structure or fence off a part of any street or take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the owner or occupier in the manner provided in Section 594.

 

(3)     If in the opinion of the Commissioner the said structure is immediately dangerous to the inmates thereof, he shall order the immediate evacuation thereof, and any person disobeying may be got removed with the help of any police officer.

Section 232 - Precautions in case of dangerous trees

(1)     If any tree or any branch of a tree or the fruit of any tree appears to the Commissioner to be likely to fall and thereby endanger any person or any structure, he may by notice require the owner of the said tree to secure, lop or cut down the said trees so as to prevent any danger therefrom.

 

(2)     If immediate action is necessary, the Commissioner shall himself before giving such notice or before the period of such notice expires, secure, lop or cut down the said tree or remove the fruits thereof or fence off a part of any tree or take such other temporary measures as he thinks fit to prevent danger and the cost of so doing shall be recoverable from the owner of the tree in the manner provided in Section 364.

Section 233 - Precautions in case of dangerous tanks, wells, holes, etc.

(1)     If any tank, pond, well, hole, stream, dam, bank or other place appears to the Commissioner to be, for want of sufficient repair, protection or enclosure, dangerous to the passers-by or to persons living in the neighborhood, he may, by notice require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom.

 

(2)     If immediate action is necessary, he shall, before giving such notice or before the period of notice expires, himself take such temporary measures as he thinks fit to prevent danger and the cost of doing so, shall be recoverable from the owner in the manner provided in Section 364.

Section 234 - Power to stop dangerous quarrying

If, in the opinion of the Commissioner the working of any quarry, or the removal of stone, earth or other material, from any place is dangerous to persons residing in, or having legal access to, the neighborhood thereof or creates or is likely to create a nuisance, he may require the owner or person having control of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material from such place or to take such order with such quarry or place as he shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom.

Section 235 - Precaution against fire

(1)     The Commissioner may by notice, require the owner of any structure, booth or tent partly or entirely composed of, or having any external roof, verandah, pandal or wall partly or entirely composed of cloth, grass, leaves mats, or other inflammable materials to remove or alter such tent, booth, structure, roof, verandah, pandal or wall or may grant him permission to retain the same on such conditions as he may think necessary to prevent danger from fire.

 

(2)     The Commissioner may, by notice, require any person using any place for the storage for private use, of timber, firewood, other inflammable or combustible things to take special steps to guard against danger from fire.

 

(3)     Where the Commissioner is of opinion that the means of egress from any building are insufficient to allow of safe exit in the event of fire, he may, with the sanction of the council, by notice, require the owner or occupier of the building to alter or reconstruct any staircase in such manner or to provide such additional or emergency staircases as he may direct; and when any building, booth or tent is used for purposes of public entertainment, he may require, subject to such sanction as aforesaid, that it shall be provided with an adequate number of clearly indicated exists so placed and maintained, as readily to afford the audience ample means of safe egress, that the seating be so arranged as not to interfere with free access to the exits and that gangways, passages and staircases leading to the exits shall, during the presence of the public, be kept clear of obstructions.

Section 236 - Prohibition of construction of, well, tanks etc., without the permission of the Chairperson

(1)     No new well or tank shall be dug or constructed without the permission of the Chairperson.

 

(2)     The Chairperson may grant permission, subject to such conditions as he may deem necessary, or may, for reasons to be recorded by him refuse it.

 

(3)     If any such work is began or completed without such permission?

 

(a)      the Commissioner may by notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the said officer shall direct ; or

 

(b)      the Chairperson may grant permission to retain such work, but permission shall not exempt such owner from proceedings for contravening the provisions of Sub-section (1).

Section 237 - Filling in of pools etc., which are a nuisance

(1)     If in the opinion of the municipal health officer-la) any pool, ditch, tank, well, pond, bog, swamp, quarry-hole, drain, cess-pool, pit, water-course, or any collection of water; or

(b) ??any land on which water may at any time accumulate, is or is likely to become a breeding place of mosquitoes or in any other respect a nuisance, the said officer may by notice require the owner or person having control thereof to fill up, cover over, weed and stock with larvicidal fish, or petrolize in such manner and with such materials as the said officer shall direct or to take such action for removing or abating the nuisance as the said officer shall direct.

(2)     If a person on whom a requisition is made under Sub-section (1) to fill up, cover over, or drain off a well, delivers to the municipal health officer within the time specified for compliance therewith, written objections to such requisition, the said officer shall report such objections to the Commissioner and shall make further enquiry into the case, and shall not institute any prosecution for failure to comply with such requisition except with the approval of the Commissioner but the municipal health officer may nevertheless, if he deems the execution of the work called for by such requisition to be of urgent importance, proceed in accordance with Section 364 and, pending the Commissioner's disposal of the questions whether the said well be permanently filled up, covered over or otherwise dealt with may cause such well to be securely covered over so as to prevent the ingress of mosquitoes, and in every such case the municipal health officer shall determine with the approval of the Commissioner whether the expenses of any work already done as aforesaid shall be paid by such owner or by the municipal health officer out of the municipal fund or shall be shared and, if so, in what proportions.

Section 238 - Regulation or prohibition of certain kinds of cultivation

The Council on the report of the municipal health officer that the cultivation of any description of crop, or the use of any kind of manure, or the irrigation of land in any place within the limits of the municipality, is injurious to the public health may, with the previous sanction of the Government, by public notice, regulate or prohibit the cultivation, use of manure, or irrigation so reported to be injurious:

Provided that when such cultivation or irrigation has been practiced during the five years preceding the date of such public notice, with such continuity as the ordinary course of husbandary admits of, compensation shall be paid from the Municipal Fund to all persons interested, for any damage caused to them by absolute prohibition.

Section 239 - Cleansing of insanitary private tank or well used for drinking

(1)     The municipal health officer may, by notice require the owner or, person having control over, any private watercourse, spring, tank, well or other place, the water of which is used for drinking, bathing or washing clothes, to keep the same in good repair and to cleanse it of silt, refuse or vegetation and to protect it from pollution by surface drainage in such manner as the said officer may think fit.

 

(2)     If the water of any place which is used for drinking, bathing or washing clothes, as the case may be is proved to the satisfaction of the said officer to be unit for the purpose, he may, by notice, require the owner or person having control thereof to?

 

(a)      refrain from using or permitting the use of such water; or

 

(b)      close or fill up such place or enclose it with a substantial wall or fence.

Section 240 - Duty of council in respect of public well or receptacle of stagnant water

The council shall maintain in a cleanly condition all wells, tanks and reservoirs which are not private property and may fill them up or drain them when it appears necessary to do so.

Section 241 - Public wells etc., open to all

All such wells, tanks and reservoirs when maintained by the council shall be open to use and enjoyment by all persons.

Section 242 - Prohibition against or regulation of washing animals or cloths or fishing or drinking in public water courses, tanks etc.

The council may, in the interest of the public health, regulate or prohibit the washing of animals, clothes or other things or fishing in any public spring, tank well, public-water course, or part thereof within the municipality and may set apart any such place for drinking or for bathing or for washing clothes or animals respectively or for any other specified purpose.

Section 243 - Provision of public wash houses

(1)     The council may construct or provide and maintain public wash-houses or places for the washing of clothes, and may require the payment of such rents and fees for the use of any such wash-house or place as it may determine.

 

(2)     The council may form out the collection of such rents and fees for any period not exceeding three years at a time on such terms and conditions as it may think fit.

 

(3)     If a sufficient number of public wash-houses or places be not maintained under sub-section (1), the council may, without making any charge therefor appoint suitable places for exercise by washermen of their calling.

Section 244 - Prohibition against washing by washermen at unauthorised places

(1)     The council may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling, either within the municipality or outside the municipality, within three kilometers of the boundary thereof except at?

 

(a)      public wash-houses or places maintained or provided under Section 243, or

 

(b)      such other places as it may appoint for the purpose.

 

(2)     When any such prohibition has been made no person who is by calling a washerman shall, in contravention of such prohibition, wash clothes except for himself or for personal and family service or for hire on and within the premises of the hirer, at any place within or outside municipal limits other than a public wash-house or a place maintained or appointed under this Act : Provided that this section shall apply only to clothes washed within or be brought within the municipality.

Section 245 - Prohibition against defiling water of tanks etc., whether public or private

It shall not be lawful for any person to--

(a)      bathe in or in any manner defile the water in any place set apart by the council or by the owner thereof for drinking purposes;

 

(b)      deposit any offensive or deleterious matter in the dry bed of any place set apart as aforesaid for drinking purposes; or

 

(c)      wash clothes in any place set apart as aforesaid for drinking or bathing; or

 

(d)      wash any animal or any cooking utensil or wool, skins, or other foul or offensive substances or deposit any offensive or deleterious matter in any place set apart as aforesaid for bathing or washing clothes, or

 

(e)      cause or permit to drain into or upon any place set apart as aforesaid for drinking, bathing or washing clothes, or cause or permit anything to be brought therein to or do anything whereby the water may be fouled or corrupted.

Section 246 - Untenanted buildings or lands

If any building or land, by reason of abandonment, disputed ownership or other cause remains untenanted, and thereby becomes a resort of idle and disorderly persons or in the opinion of the municipal health officer becomes a nuisance, the municipal health officer may, after due enquiry, by notice require, the owner or person claiming to be the owner to secure, enclose, clear or cleans the same.

Section 247 - Removal of filth or noxious vegetation

The municipal health officer may, by notice require the owner or occupier of any building or land which appears to the said officer to be in filthy or unwholesome state, or overgrown with any thick or noxious vegetation, trees or undergrowth injurious to health or offensive to the neighborhood to clear, cleanse or otherwise put the land in proper state or to clear away and remove such vegetation, trees or undergrowth within twenty-four hours or such longer period and in such manner as may be specified in the notice.

Section 248 - Fencing of buildings or lands and pruning of hedges and trees

The Commissioner may, by notice and for the reasons specified therein, require the owner or occupier of any building or land near a public street to--

(a)      fence the same to the satisfaction of the said officer; or

 

(b)      prune any hedges bordering on the said street so that they may not exceed such height from the level of the adjoining roadway as the said officer may determine; or

 

(c)      cut any hedges or trees overhanging the said street and obstructing it or the view or traffic or causing it damages; or

 

(d)      lower an enclosing wall or fence which by reason of its height and situation, obstructs the view of traffic so as to cause danger.

Section 249 - Lime quashing, cleaning, etc., of buildings

The municipal health officer, if it appears to him necessary for sanitary purposes so to do, may, by notice require the owner or occupier of any building to lime-wash or otherwise cleanse or disinfect the building inside and outside or cleanse or disinfect any article therein which is likely to retain infection, in the manner and within a period to be specified in the notice.

Section 250 - Further powers with reference to insanitary buildings

(1)     Whenever the municipal health officer considers?

 

(a)      that any building or portion thereof is, by reason of its having no plinth, or having a plinth of insufficient height or by reason of the want of proper drainage or ventilation or by reason of the impracticability of cleansing, attended with danger of disease to the occupier thereof or to the inhabitants of the neighborhood, or is, for any reason, likely to endanger the public health or safety; or

 

(b)      that a block or group of buildings is, for any of the said reasons or by reason of the manner in which the buildings are crowded together, attended with such risk as aforesaid, he may, by notice, require the owners or occupiers of such buildings or portions of buildings, or at his option, the owners of the land occupied by such buildings or portions of buildings, to execute such works or to take such measures as he may deem necessary for the prevention of such danger.

 

(2)     No person shall be entitled to compensation for damages sustained by reason of any action taken under or in pursuance of this section save when a building is demolished in pursuance of an order made hereunder, or so far demolished as to require reconstruction in which, case the council shall make compensation to the owner thereof.

 

(3)     When any building is entirely demolished under this section and the demolition thereof adds to the value of other buildings shall be bound to contribute towards the compensation payable to the owner of the first named building in proportion to the increased value acquired by their own property.

 

(4)     When any building is so far demolished under this section as to require reconstruction, allowance shall be made in determining the compensation for the benefit accruing to the premises from the improvement thereof.

Section 251 - Buildings unfit for human habitation

(1)     If any building or portion thereof intended for or used as a dwelling place appears to the municipal health officer to be unfit for human habitation, he may by order prohibit the further use of such structure for such purpose; after giving the owner and occupier of the structure a reasonable opportunity of showing cause why such order should not be made.

 

(2)     When any such prohibitory order has been made, the municipal health officer shall communicate the purport thereof to the owner and occupier of the structure and on expiry of such period as is specified in the notice, not being less than thirty days after the service of the notice, no owner or occupier of such structure shall use or allow it to be used for human habitation, until the said officer certifies in writing that the causes rendering it unfit for human habitation have been removed to his satisfaction.

 

(3)     When such prohibitory order has remained in operation for three months, the said officer shall report the case to the Commissioner, who shall place the matter before the council for considering the question whether the structure should not be demolished. The Council shall give the owner not less than thirty days notice of the time and place at which the question will be considered and the owner shall be entitled to be heard when the question is taken into consideration.

 

(4)     If upto such consideration the Council is of the opinion that the structure has not been rendered fit for human habitation and that steps are not being taken with due diligence to render it so fit, it shall record a decision to that effect with the grounds of the decision and the municipal health officer shall, in pursuance of the said decision by notice, require the owner to demolish the structure.

 

(5)     If the owner undertakes to execute forthwith the words necessary to render the structure fit for human habitation and the municipal health officer considers that it can be so made fit the council may postpone the execution of its decision for such time not exceeding six months as it thinks sufficient for the purpose of giving the owner an opportunity of executing the necessary works.

Section 252 - Abatement of over-crowding in dwelling houses or dwelling place

(1)     If it appears to the municipal health officer that any dwelling house or other building which is used as a dwelling place or any room in such dwelling house or building is so over-crowded as to endanger the health of the inmates thereof, he may report to the Commissioner who shall place the matter before the council for an order to abate such over crowding; and the council may, by written order, require the owner of the building, or room, within a reasonable time not exceeding thirty days to be specified in the said order, to abate such overcrowding by reducing the number of lodgers, tenants or other inmates of the building or room, or may pass such other orders as it may deem just and proper.

 

(2)     The Council may, by written order, declare what amount of superficial and cubic space shall be deemed for the purposes of sub-section (1) to be necessary for each occupant of a building or room.

 

(3)     If any building or room referred to in sub-section (1) has been sublet, the landlord of the lodgers, tenants, or other actual inmates of the same, shall for the purposes of this section, be deemed to be the owner of the building or room.

 

(4)     Notwithstanding anything in the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, it shall be incumbent on every tenant, lodger or other inmate of a building or room to vacate on being required by the owner so to do, in pursuance of any requisition made under sub-section (1).

Section 253 - Prohibition against feeding certain animals on filth

No person shall feed any animal, which is kept for dairy purposes or may be used for food on filth.

Section 254 - Prohibition against keeping animal so as to be nuisance or dangerous

No person shall keep any animal on his premises so as to be a nuisance or so as to be a dangerous to the public.

Section 255 - Power to destroy stray pigs and dogs

(1)     The Commissioner may give public notice that unlicensed pigs of dogs straying within specified limits will be destroyed.

 

(2)     When such notice has been given, any person may destroy, in any manner not inconsistent with the terms of the notice, any unlicensed pig or dog, as the case may be, found straying within such limits.

Section 256 - Power to use or sell materials of dangerous structure taken down etc.

When any officer of the municipality pulls down any structure or part thereof or cuts down any tree or hedge or shrub or part thereof or removes any fruit by virtue of his powers under this chapter, such officer may sell the materials or things taken down, cut down or removed and apply the proceeds towards, payment of the expenses incurred.

Section 257 - Procedure where there is no owner or occupier

If after reasonable inquiry, it appears to any officer of the municipality that there is no owner or occupier to whom notice can be given under any section in this chapter, he may himself take such action as may appear to him to be necessary.

Section 258 - Limitation of compensation

No person shall be entitled, save as provided in Sections 237, 238 and 250 to compensation for any damages sustained by reason of any action taken by the municipal authorities in pursuance of their powers under this chapter.

Section 259 - Central or State Government not required to take out licence, etc.

(1)     The State Government or the Central Government shall not be required to take out any licence as provided by or under this Act in respect of their property or in respect of any place in their occupation or under their control.

 

(2)     The State Government or the Central Government shall not be required to obtain any permission as provided by or under this Act in respect of erection, re-erection, construction, alteration or maintenance of buildings used or required for the public service or for any public purpose which is the property, or in the occupation of the Government concerned, or which is to be erected on land, which is the property, or in the occupation, of the Government concerned:

Provided that, where the erection, re-erection, construction or material structural alteration of any such building as aforesaid (not being a building connected with defence, or a building the plan or construction of which, in the opinion of the Government concerned, is treated as confidential or secret) is contemplated, reasonable notice of the proposed work shall be given to the council before it is commenced.

(3)     In the case of any such holding (not being a building connected with defence or a building the plan or construction of which in the opinion of the Government concerned is treated as confidential, secret, the Chairperson or any person authorised by him in this behalf, may, under intimation to the State Government, inspect the land and building and all plans connected with its erection, re-erection, construction, material or structural alteration, as the case may be, and may submit to the State Government a statement in writing of any objections or suggestions which the Chairperson may deem fit to make with reference to such erection, re-erection, construction or material structural alteration.

 

(4)     Every objection or suggestion submitted as aforesaid shall be considered by the State Government, which shall, after such investigation if any, as they shall think advisable, and after obtaining the views of the Central Government in the matter, where necessary pass orders thereon, and the building referred to therein shall be erected, re-erected, constructed or altered, as the case may be, in accordance with such orders:

Provided that, the State Government over-rules or disregards any such objection or suggestion as aforesaid, they shall give reasons for so doing in writing.

Section 260 - Licences for places in which animals are kept

(1)     The owner or occupier of any stable, veterinary infirmary, stand, shed, yard or other place in which animals are kept or taken in for purposes of profit shall apply to the municipal health officer of a licence not less than thirty days and not more than ninety days before the opening of such place, or the commencement of the year for which the license is sought to be renewed, as the case may be.

 

(2)     The municipal health officer may, by an order and under such restrictions and regulations as he thinks fit, grant or refuse to grant such licence.

 

(3)     No person shall, without or otherwise than in conformity with a licence, use any place for such a purpose:

Provided that this section shall not apply to any such place licensed as a place of public entertainment or resort under the Andhra Pradesh (Andhra Area) Places of Public Resort Act, 1888 (Act II of 1888), or any other law similar thereto for the time being in force.

Section 261 - General powers of control over stables, cattle-sheds and cow-houses

(1)     All stables, cattle-sheds and cow-houses whether they are built separately or whether they form part of the residential buildings shall be under the control of the municipal health officer as regards their site, construction, materials and dimensions.

 

(2)     The municipal health officer may by notice require that any stable, cattle-shed or cow-house be altered, paved, drained, repaired, disinfected or kept in such a state as to admit of its being sufficiently cleaned or be supplied with water or be connected with a sewer.

 

(3)     Every such notice shall be addressed to the owner of the building or land to which the stable, cattle-shed or cow-house belongs.

 

(4)     The expense of executing any work in pursuance of any such notice shall be borne by the said owner.

Section 262 - Power to direct discontinuance of use of buildings as stable, cattle-shed or cow-house

If any stable, cattle-shed or cow-house is not constructed or maintained in the manner required by or under this Act, the municipal health officer may, by notice, direct that the same shall be no longer used as a stable, cattle-shed or cow-house. Every such notice shall state the grounds on which it proceeds.

Section 263 - Purposes for which places may not be used without licences

(1)     The council may publish a notification in the prescribed manner that no place within municipal limits or at a distance within three kilometers of such limits shall be used for any one or more of the purposes specified in Schedule IV without the licence of the Commissioner and except in accordance with the conditions specified therein:

Provided that no notification shall take effect--

(a)      until sixty days from the date of publication; and

 

(b)      except with the previous sanction of the Government in any area outside the municipal limits.

 

(2)     The owner or occupier of every such place shall, within thirty days of the publication of such notification, apply to the Commissioner for a licence for the use of such place for such purpose.

 

(3)     Applications for renewal of such licences shall be made not less than thirty days and not more than thirty days before the end of every year and applications for licence for places to be newly opened shall be made not less than thirty days and not more than ninety days before they are opened.

 

(4)     The Commissioner may, by an order and under such restrictions and regulations as to supervision and inspection as he thinks fit, grant or refuse to grant or renew such licence.

 

(5)     In case the Commissioner refuses to grant or renew any such licence, he shall record the reasons therefor.

 

(6)     Every such licence shall expire at the end of the year, unless for special reasons the Commissioner considers it should expire at an earlier date when it shall expire at such earlier date as may be specified therein.

 

(7)     Where a licence is granted or renewed under this section for the use of any place outside the municipal limits, the council shall pay to the Gram Panchayat; if any, having jurisdiction over such place or if there is no such Gram Panchayat, to such other authority as the Government may specify such portion of the fee received for the grant or renewal of the licence as the Government may by -general or special order, direct.

Section 264 - Application to be made for construction, establishment or installation of factory, workshop or workplace in which steam or other is to be employed

(1)     Every person intending?

 

(a)      to construct or establish any factory, workship or work-place in which it is proposed to employ steam-power, water-power or other mechanical power, electrical power; or

 

(b)      to install in any premises, any machinery or manufacturing plant driven by steam, water or other power as aforesaid (not being machinery or manufacturing plant exempted by rules), shall, before beginning such construction, establishment or installation make an application in writing to the council for permission to undertake the intended work.

 

(2)     The application shall specify the maximum number of workers proposed to be employed on any day in the factory, workshop, work-place or premises and shall be accompanied by?

 

(i)       a plan of the factory, work-shop, work-place or premises prepared in such manner as may be prescribed by rules made in this behalf by the Government; and

 

(ii)      such particulars as to the power, machinery, plant or premises as the council may require by bye-laws made in this behalf.

 

(3)     The council shall, within sixty days after obtaining approval under Sub-section (4)?

 

(a)      grant the permission applied for, either absolutely or subject to such conditions as it thinks fit to impose; or

 

(b)      refuse permission, if it is of opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighborhood or that it is likely to cause a nuisance.

 

(4)     [231][(a)] Before granting permission under Sub-section (3), the council shall obtain the approval of the Inspector of Factories appointed under the Factories Act, 1948 (Central Act 63 of 1948), having jurisdiction in the area of the municipality, or if there is more than one such inspector, or the inspector designated by the Government in this behalf by general or special order, as regards the plan of the factory, workshop, workplace or premises with reference to?

 

(i)       the adequacy of the provision for ventilation and light,

 

(ii)      the sufficiency of the height and dimensions of the rooms and doors,

 

(iii)     the suitability of the exits to be used in case of fire, and

 

(iv)    such other matters as may be prescribed by rules made by the Government.

[232][(b) Before granting permission under Sub-section (3), the council shall consult and have due regard to the opinion of the Municipal Health Officer or where there is no such officer, of the District Medical and Health Officer, as regards the suitability of the site of the factory, work-shop, work-place or premises for the purpose specified in the application].

(5)     No worker shall be employed on any day in any factory, workshop, work-place or premises, unless the permission granted in respect thereof under Sub-section (3) authorises such employment, or unless fresh permission authorising such employment has been obtained from the council. Before granting such fresh permission, the council shall obtain the approval of the Inspector of Factories referred to in Sub-section (4) as regards the plan of the factory, work-shop, work-place, or premises, with reference to the matters specified in that clause.

 

(6)     The grant of permission under this section?

 

(a)      shall, in regard to the replacement of machinery, the levy of fees, the conditions to be observed and to like, be subject to such restrictions and control as may be prescribed; and

 

(b)      shall not be deemed to dispense with the necessity for compliance with the provisions of Sections 209 and 211 or Sections 220 and 221, as the case may be.

Explanation.--

The word 'worker' in Sub-sections (2) and (5) shall, in relation to any factory, workshop, work-place or premises have the same meaning as in the Factories Act, 1948 (Central Act 63 of 1948).

Section 265 - Use of steam whistles, etc.

(1)     No person shall, without the written permission of the council, use or employ in any factory or other place, any steam whistle or steam trumpet for the purpose of summoning or dismissing workers or persons employed.

 

(2)     In granting such permission, the council may impose such conditions as it may think proper as to the times at which the whistle or trumpet may be used, and it may revoke any such permission by giving a week's notice.

Section 266 - Council may issue directions for abatement of nuisance caused by steam or other power

(1)     If, in any factory, work-shop or work-place in which steam-power, water-power or other mechanical power or electrical power is used, nuisance is in the opinion of the council caused by reason of the particular kind of fuel employed or by reason of the noise or vibration created, the Council may issue such directions as it thinks fit for the abatement of the nuisance within a reasonable time to be specified for the purpose.

 

(2)     If there has been wilful default in carrying out such directions or if abatement is found impracticable, the council may?

 

(a)      prohibit the use of the particular kind of fuel employed; or

 

(b)      restrict the notice or vibration by prohibiting the working of the factory, workshop or work-place between the hours of 9-30 p.m. and 5-30 a.m.

Section 267 - Power of Government to pass orders or give directions in respect of action taken or omitted to be taken under Section 264, Section 265 or Section 266

The Government may, either generally or in any particular case, make such order or give such directions as they may deem fit in respect of any action taken or omitted to be taken under Section 264, Section 265 or Section 266.

Section 268 - Notification of residential, industrial, commercial, etc., areas in the municipality

(1)     Every council shall, as soon as may be after commencement of this Act, and after consultation with the Director of Public Health and of the Director of Town-Planning, and with the previous approval of the Government, notify in the prescribed manner the localities, divisions, wards, streets or portions of streets, in its local limits which shall be reserved for residential, industrial, commercial or agricultural purposes.

 

(2)     The council may, at any time subsequent to the issue of a notification under sub-section (1), in like manner and subject to the like consultation and approval, notify any additional localities, divisions, wards, streets or portions of streets as areas which shall be reserved for any of the purposes specified in sub-section (1).

 

(3)     (a) A notification issued under Sub-section (1) or Sub-section (2) may declare that a land in an area reserved for a particular purpose shall not be used for any other purpose and that the use of a land in any reserved area shall be confined only for the purpose for which the area is reserved or that the land may be used for any other purpose subject to such restrictions, limitations and conditions as are specified in that notification.

(b) ??The notification shall contain also such general information as to the situation and limits of the areas proposed to be reserved for different purposes specified in Sub-section (1) and the restrictions, limitations and conditions, if any, proposed to be imposed in regard to the use of land in each such reserved area.

(4)     Any person aggrieved by the issue of a notification under Sub-section (1) may appeal to the Government whose decision shall be final.

Section 269 - Power of Government to notify the location of the industries

Where the council has not published a notification under Section 263 or 268, the Government may, by notification in the Andhra Pradesh Gazette, specify any particular industry or class of industries to be located in any area reserved for residential, industrial, commercial or agricultural purposes, under this Act.

Section 270 - The Commissioner may enter any factory, workshop or work place

(1)     [233][The Chairperson, Commissioner or any person authorised by the council] in this behalf may enter any factory, workshop or work-place?

 

(a)      at any time between sunrise and sunset;

 

(b)      at any time when any industry is being carried on ; and

 

(c)      at any time by day or by night, if [234][ - - - ] he has reason to believe that any offence is being committed under Section 264, Section 265 or Section 266.

 

(2)     No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this section or by the use of any force necessary for the purpose of affecting an entrance under this section.

Section 271 - Provision of municipal slaughter-houses

(1)     The council shall provide a sufficient number of places for use as municipal slaughter-houses and may charge rents and fees for their use at such rates as it may think fit.

 

(2)     The council may,--

 

(a)      place the collection of such rents and fees under the management of such persons as may be appear to it proper; or

 

(b)      farm out such collection for any period not exceeding three years at a time and on such terms and conditions as it may think fit.

 

(3)     Municipal slaughter-houses may be situated within or with the sanction of the Government, outside the municipality, This corresponds to Sec.254 of the Andhra Act and Sec.209 of the Hyderabad Act.

Section 272 - Licence for slaughter-houses

(1)     The owner of any place within municipal limits or at a distance within three kilometers of such limits which is used as a slaughter-house for the slaughtering of animals or for the skinning or cutting up of any carcasses shall apply to the municipal health officer for a licence not less than thirty days and not more than ninety days before the opening of such place as a slaughter-house, or the commencement of the year for which the licence is sought to be renewed as the case may be: Provided that this sub-section shall not take effect in any area outside the municipal limits except with the previous sanction of the Government.

 

(2)     The municipal health officer may, by an order and subject to such restrictions and regulations as to supervision and inspection as he thinks fit, grant, or refuse to grant such licence.

This corresponds to Section 255 of the Andhra Act.

Section 273 - Slaughter of animals for sale as food

No person shall slaughter within the municipality except in a public or licensed slaughter-house any cattle, horse, sheep, goat or pig, or any other animal for sale as food or skin or cut up any carcass without or otherwise than in conformity with a licence from the municipal health officer for dry or permit to be dried any skin in such a manner as cause a nuisance.

Section 274 - Slaughter of animals during of festivals and religious ceremonies

Subject to the provisions of the law relating to the prohibition of sacrifices of animals and birds for the time being in force the municipal health officer may allow any animal to be slaughtered in such places as he thinks fit on occasions of festivals and religious ceremonies or as a special measure:

Provided that no such place shall be outside the premises where festivals and religious ceremonies are conducted.

Section 275 - Regulations of milk trade

(1)     No person shall, without, or otherwise than in conformity with a licence from the municipal Health Officer,--

 

(a)      carry on within the municipality the trade or business of a dealer in, or importer or seller or hawker of, milk, or dairy produce:

 

(b)      use any place in the municipality for carrying on the trade or business of selling of milk or dairy-produce:

Provided that no such licence shall be given to any person who is suffering from an infectious disease.

(2)     Such licence may be refused or may be granted on such conditions as the municipal Health Officer may deem necessary which may extend to the construction, ventilation, conservancy, supervision and inspection of the premises, whether within or outside municipal limits where the animals from which the milk supply is derived are kept.

Section 276 - Public markets

(1)     All markets which are acquired, constructed, repaired or maintained out of the municipal fund shall be deemed to be public markets; and such markets shall be open to all persons.

 

(2)     Notwithstanding anything in the relevant law for the time being in force, every market situated within the municipal limits and belonging to a gram panchayat, panchayat samithi or Zilla Parishad shall vest in the municipality. The Government shall determine, in the manner prescribed, the amount of compensation payable therefor to the Gram Panchayat, Panchayat Samithi or the Zilla Parishad, as the case may be.

Section 277 - Power in respect of public markets

(1)     The council may provide places for use as public markets.

 

(2)     The council may, in any public market, levy any one or more of the following fees at such rates and may place the collection of such fees under the management of such persons as may appear to it proper or may form out such fees for any period not exceeding [235][one year at a time] and on such terms and subject to such conditions as it may deem fit.?

 

(a)      fees for the use of, or for the right to expose goods for sale in such markets;

 

(b)      fees for the use of shops, stalls, pens or stands in such markets;

 

(c)      fees on vehicles or pack-animals carrying, or on persons bringing goods for sale in such markets;

 

(d)      fees on animals brought for sale into, or sold in such markets; and

 

(e)      licence fees on brokers, commission agents, weight-men and measures practising their calling in such markets.

 

(3)     The council may, with the sanction of the Government close any public market or part thereof.

 

(4)     The council may lease any land, shop, godown, building or terrace of a building owned by it and situated anywhere in the municipality for any period not exceeding five years at a time and subject to such terms and conditions as the council may deem fit:

Provided that it shall be competent for the council to grant, with the prior sanction of the Government, any such lease for a period exceeding five years but not exceeding twenty-five years at a time.

Section 278 - Control of the Municipal Health Officer over public markets

(1)     No person shall, without the permission of the Municipal Health Officer or after fees have been formed out, of the farmer, sell or expose for sale any animal or article within any public market.

 

(2)     The Municipal Health Officer may expel from any public market any person who or whose servant has been convicted of disobeying any bye-laws at the time in force in such market and may prevent such person from further carrying on by himself, or his servants or agents any trade or business in such market or occupying any shop, stall or other place therein and may determine any lease or tenure which such person may possess in any such shop, stall or place.

Section 279 - Licence for private market

(1)     No person shall open a new private market or continue to keep open a private market unless he obtains from the Council a licence to do so.

 

(2)     Application for such licence shall be made by the owner of the place in respect of which the licence is sought not less than thirty and not more than ninety days, before such place is opened as a market, or the commencement of the year for which the licence is sought to be renewed, as the case may be.

 

(3)     The Council shall, as regards private markets already lawfully established and may, at its discretion as regards new private markets, grant the licence applied for, subject to such regulations as to supervision and inspection and to such conditions as to sanitation, drainage, water-supply, width of paths and ways, weights and measures to be used, and rents and fees to be charged in such markets as the Council may think proper; or the Council may refuse to grant any such licence for any new private market. The Council may, however, at any time, for breach of the conditions thereof, suspend or cancel any licence which has been granted under this section. The Council may also modify the conditions of the licence to take effect from a specified date.

 

(4)     When a licence is granted, refused, suspended cancelled or modified under this section, the Council shall cause a notice of such grant, refusal, suspension, cancellation or modification in English and in the main language of the district to be posted in some conspicuous place at or near the entrance to the place in respect of which the licence was sought or had been obtained.

 

(5)     Every licence granted under this section shall expire at the end of the year.

Section 280 - Pee for licence

When a licence granted under Section 279 permits the levy of any fees of the nature specified in Sub-section (2) of Section 277, a fee not exceeding fifteen per centum of the gross income of the owner from the market in the preceding year shall be charged by the Council for such licence.

Section 281 - Sale in unlicensed private markets

It shall not be lawful for any person to sell or expose for sale any animal or article in any unlicensed private market.

Section 282 - Powers of Council in respect of private markets

The Council may, by notice, require the owner, occupier, or farmer of any private market to--

(a)      construct approaches, entrances, passages, gates, drains and cess pits for such market and provide it with latrines of such description and in such position and number as the Council may think fit;

 

(b)      roof and pave the whole or any portion of the floor with such material as will, in the opinion of the Council, secure imperviousness and ready cleansing;

 

(c)      ventilate it properly and provide it with a supply of water;

 

(d)      provide passages of sufficient width between the stalls and make such alterations in the stalls, passages, shops, doors or other parts of the market as the Council may direct; and

 

(e)      keep it in a cleanly and proper state and remove all filth and refuse therefrom.

Section 283 - Suspension or refusal of licence in default

(1)     If any person, after notice given to him in that behalf by the council fails within the period and in the manner laid down in the said notice, to carry out any of the works specified in Section 282, the Council may suspend the licence, or may refuse to grant the licence, until such works have been completed.

 

(2)     It shall not be lawful for any person to open or keep open any such market after such suspension or refusal.

Section 284 - Prohibition against nuisances in private markets

No owner, occupier, agent or manager in charge of any private market or of any shop, stall, shed or other place therein, shall keep the same so that it is a nuisance, or fail to cause anything that is a nuisance to be at once removed to a place to be specified by the Council.

Section 285 - Power to close private markets

The Council or any officer duly authorised by it in that behalf, may close any private market in respect of which no licence has been applied for or the licence for which has been refused withheld or suspended or which is held or kept open contrary to the provisions of this Act.

Section 286 - Acquisition of rights of private person to hold private markets

(1)     A Council may acquire the rights of any person to hold a private market in any place and to levy fees therein. The acquisition shall be made under the Land Acquisition Act, 1894 (Central Act 1 of 1894) and such rights shall be deemed to be land for the purposes of this Act, subject, however, to the condition that the amount payable as compensation in respect of the rights so acquired shall be an amount equal to twelve times the net average annual income actually derived from such market during the period of five consecutive years immediately preceding the date of publication of the notification under Sub-section (1) of Section 4 of that Act.

 

(2)     On payment by the Council of the compensation as provided in Sub-section (1) in respect of such property and any other charges incurred in acquiring it, the rights of such person to hold a private market and to levy fees therein shall vest in the Council.

Section 287 - Duty of expelling lepers, etc., from markets and power to expel disturbers

The person in change of a market or the Municipal Health Officer shall prevent the entry therein or expel therefrom any person suffering from leprosy, in whom the process of ulteration has commenced, or from any infectious or contagious disease who sells or exposes for sale therein any article or who, not having purchased the same, handles any article exposed for sale therein, and he may expel therefrom any person who is creating a disturbance therein.

Section 288 - Butchers, fish-mongers, poulterers, licence

(1)     No person shall, without or otherwise than in conformity with a licence from the Municipal Health Officer, carry on the trade of a butcher, fish-monger or poulterer or use any place for the sale of flesh or fish intended for human food in any place within municipal limits at a distance within three kilometers of such limits:

Provided that no licence shall be required for a place used for the selling or storing for sale of preserved flesh or fish contained in air tight and hermitically sealed receptacles.

Provided further that no licence shall be required for any place included in a public market established by or vested in a Panchayat Samithi or Zilla Parishad.

(2)     The Municipal Health Officer may, by an order and subject to such restrictions as to supervision and inspection as he thinks fit, grant or refuse to grant such licence.

 

(3)     Every such licence shall expire at the end of the year in which it is granted, unless for special reasons the Municipal Health Officer considers that it should expire at an earlier date, when it shall expire at such earlier date as may be specified therein.

Section 289 - Power to prohibit or regulate sale of articles in public streets

(1)     The Commissioner may, with the sanction of the Council prohibit by public notice or licence or regulate the sale or exposure for sale of any animals or articles in or on any public street or part thereof.

 

(2)     The Commissioner may farm out the collection of fees for licences leviable under Sub-section (1) for any period not exceeding one year at a time on such terms and conditions as may be determined by the Council.

Section 290 - Decision of disputes as to whether places are markets

If any question arises whether any place where persons assemble for the sale or purchase of articles of food or clothing, or live-stock or poultry, or cotton, groundnut or other industrial crops or of any other raw or manufactured products is a market or not, the council shall make a reference to the Government and the decision of the Government on the question shall be final.

Section 291 - Provision of public cart-stands, etc.

The council may construct or provide and maintain public landing places, halting places and cart-stands.

Section 292 - Prohibition of use of public place or sides of public street as cart-stands, etc.

Where a council has provided a public landing place, halting place or cart-stand, the Commissioner may prohibit the use for the same purpose by any person within such distance thereof, as may be determined by the council, or any public place or the sides of any public street.

Section 293 - Duty of Municipal Health Officer to inspect

It shall be the duty of the Municipal Health Officer to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetables, corn bread, flour, milk, ghee, butter, oil and any other edible articles exposed or hawked about for sale deposited in or brought to any place for the purpose of sale or of preparation for sale.

Section 294 - Powers of Municipal Health Officer for purpose of inspection

(1)     The Municipal Health Officer or any person authorised by him in writing for the purpose may without notice, enter any slaughter-house or any place where animals, poultry or fish intended for food are exposed for sale or where articles of food are being manufactured or exposed for sale, at any time by day or night when the slaughter, exposure for sale or manufacture is being carried on and inspect the same and any utensil or vessel used for manufacturing, preparing or containing any such article.

 

(2)     If the Municipal Health Officer or any person so authorised by him has reason to believe that in any place any animal intended for human food is being slaughter or any carcass is being skinned or cut up or that any food is being manufactured, stored, prepared, packed, cleansed, kept or exposed for sale, or sold without or otherwise than in conformity with a licence, he may enter any such place without notice, at any time by day or night for the purpose of satisfying himself whether any provision of laws, bye-laws or regulations or any condition of licence is being contravened.

 

(3)     No claim shall lie against the Municipal Health Officer or any person acting under his authority or the council for any damage or inconvenience necessarily caused in good faith by the exercise of powers under this section or by the use of any force necessary for effecting any entry into any place under this section.

 

(4)     In any legal proceedings in respect of powers exercised under this section in which it is alleged that any animals, poultry, fish or articles of food were not kept, exposed, hawked about, manufactured, prepared, stored, packed, or cleansed for sale, or that they were not intend for human food the burden of proof shall lie on the party so alleging.

Section 295 - Preventing inspection by Municipal Health Officer

No person shall, in any manner whatsoever, prevent the Municipal Health Officer or person duly authorised by him from exercising his powers under the last preceding section.

Section 296 - Power of Municipal Health Officer to seize diseased animals noxious food etc.

If any animal, poultry or fish intended for food appears to the Municipal Health Officer or to a person duly authorised by him, to be diseased, or any food appears to him to be noxious or if utensil or vessel used in manufacturing or preparing or containing such article appears to be of such kind or in such state as to render the article noxious, he may seize or carry away or secure such animal, article, utensil, or vessel in order that the same may be dealt with as hereinafter provided.

Explanation.--Meat subject to the process of blowing and decomposition shall be deemed to be noxious.

Section 297 - Removing or interfering with articles seized

No person shall remove or in any way interfere with an animal or article secured under the last preceding section.

Section 298 - Power to destroy article seized

(1)     Where any animal or article of food is seized under Section 296 it may, with the consent of the owner or person in whose possession it was found, be forthwith destroyed by the Municipal Health Officer so as to prevent its being used for human food or exposed for sale, and if the article is perishable, without such consent.

 

(2)     Any expenses incurred in destroying any animal or article under sub-section (1) shall be paid by the owner or person in whose possession it was at the time of its seizure.

Section 299 - Production of articles, etc., seized before Magistrate and power of Magistrate to deal with them

(1)     Articles of food, animals, poultry, fish, utensils, vessels, etc., seized under Section 296 and not destroyed under Section 298, shall as soon as possible be produced by the Municipal Health Officer before a Judicial Second Class Magistrate.

 

(2)     Whether or not complaint is laid before a Judicial Second Class Magistrate of any offence under the Indian Penal Code or under this Act, if it appears to the Magistrate on taking such evidence as he thinks necessary that any such animal, poultry or fish is diseased, or any such article is noxious or any such utensil or vessel is of such kind or in such state as is described in Section 296, he may order the same?

 

(a)      to be forfeited to the council; or

 

(b)      to be destroyed at the expense of the owner or person in whose possession it was at the time of seizure so as to prevent the same being again exposed or hawked about for sale, or used for human food for the manufacture or preparation of, or for containing any such article as aforesaid.

Section 300 - Registration or closing of places for disposal of the dead

(1)     Every owner or person having the control of any place used at the date of the coming into operation of this Act, as a place for burying, burning or otherwise disposing of the dead shall, if such place be not already registered, apply to the council to have such place registered.

 

(2)     If it appears to the council that there is no owner or person having the council of such place, it shall assume control of and register such place, or may, with the sanction of the Government, close it.

Section 301 - Licensing of places for disposal of the dead

(1)     No place for the disposal of the dead, whether public or private, shall be opened, formed, constructed, or used, unless a licence has been obtained from the council on application.

 

(2)     Such application for a licence shall be accompanied by a plan of the place to be registered, showing the locality, boundary and extent thereof the name of the owner or person or community interested therein, the system of management and such further particulars as the council may require.

 

(3)     On receipt of the application, the council shall cause a notice to be given inviting objections or suggestions from the public within a period of thirty days from the date of such notice. The council may, after considering the objections or suggestions received, if any,--

 

(a)      grant or refuse a licence; or

 

(b)      postpone the grant of a licence until objections to the site have been removed or any particulars called for by it have been furnished.

Section 302 - Provision of burial and burning grounds and crematoria within or outside Municipality

(1)     The council shall provide, free of charge places to be used as burial or burning grounds or crematoria either within or outside the limits of the Municipality.

 

(2)     If the council provides any such place outside the limits of the Municipality, all the provisions of this Act and all bye-laws framed under this Act for the management of such places within the Municipality, shall apply to such place.

Section 303 - Register of burial grounds

(1)     A book shall be kept at the Municipal Office containing a list of all the burial or burning grounds or crematoria, registered, licensed or provided by the municipality, together with the plans thereof.

 

(2)     Notice that such place has been registered, licensed or provided as aforesaid shall be affixed in English and in the main language of the district in some conspicuous place at or near the entrance to the burial or burning ground or other place as aforesaid.

 

(3)     No person shall bury, burn or otherwise dispose of any corpse except in a place which has been registered, licensed or provided as aforesaid.

Section 304 - Report of burials and burnings

The person having control of a place for disposing of the dead shall give information of every burial burning or other disposal of a corpse at such place to any person appointed by the Municipal Health Officer in that behalf.

Section 305 - Prohibition against use of burial and burning grounds dangerous to health or overcrowded with graves

(1)     If the council is satisfied?

 

(a)      that any registered or licensed place for the disposal of the dead is in such a state or situation as to be, or to be likely to become, dangerous to the health of persons living in the neighbourhood thereof, or

 

(b)      that any burial ground is overcrowded with graves and if in the case of a public burial or burning ground or other place as aforesaid, another convenient place duly authorized for the disposal of the dead exists or has been provided for the persons who would ordinarily make use of such place, it may, with the previous sanction of the Government, give notice that it shall not be lawful after a period to be named, in such notice to bury, burn or otherwise dispose of any corpse at such place.

 

(2)     Every notice given under Sub-section (1) shall be published in the prescribed manner.

 

(3)     After the expiry of the period named in such notice it shall, not be lawful to bury, burn or otherwise dispose of a corpse at such place.

Section 306 - Prohibition in respect of corpses

No person shall--

(a)      bury or cause to be buried, any corpse or part thereof in a grave whether dug or constructed of masonry or otherwise, in such manner that the surface of the coffin or the surface of the body where no coffin is used, is at a depth less than one and a half meters from the surface of the ground; or

 

(b)      build or dig or cause to be built or dug, any grave in any burial ground at a distance less than half a metre from the margin of any other existing grave; or

 

(c)      without the sanction in writing of the Municipal Health Officer or an order in writing of a magistrate, reopen a grave; or

 

(d)      when burning or causing to be burnt a corpse or part thereof permit the same or any part thereof or its clothes to remain without being completely reduced to ashes; or

 

(e)      carry through any street a corpse or part thereof not decently covered; or

 

(f)       while carrying a corpse or part thereof within the municipality, leave the same in or near any street for any purpose whatever; or

 

(g)      remove, otherwise than in a closed receptacle any corpse or part thereof kept or used for the purpose of dissection.

Section 307 - Grave digger's licence

No person shall discharge the office of a grave digger or other attendant at a public place for the disposal of the dead, other than a place provided by the Government, unless he has been licensed in that behalf by the Municipal Health Officer. Such licence may be withdrawn or cancelled at the discretion of the council.

Section 308 - Compulsory registration of vital statistics

(1)     The council shall register all births and deaths occurring in the Municipality.

 

(2)     Information of births and deaths shall be given and their registration shall be made and enforced in the prescribed manner.

Section 309 - Definition of infectious disease

"Infectious disease" means a disease specified in Schedule V.

Section 310 - Obligation of medical practitioner or owner or occupier of house to report infectious disease

(1)     If any medical practitioner becomes cognizant of existence of any infectious disease in any private or public dwellings not being a public hospital, in the municipality, he shall inform the Municipal Health Officer with the least practicable delay.

 

(2)     The information shall be communicated in such form and with such details as the Municipal Health Officer may require. The Municipal Health Officer may pay a fee not exceeding one rupee for each intimation by a private medical practitioner of a case occurring in his practice.

 

(3)     This section shall apply to a Hakeem or a Vaidya.

 

(4)     With the previous approval of the Collector of the district, the Municipal Health Officer may direct the compulsory notification by the owner or occupier of every house within the municipal limits during such period and to such officer as the Municipal Health Officer may specify of all deaths from or occurrence of infectious diseases in his house.

Section 311 - Power of entry into suspected places

The Municipal Health Officer shall, at any time by day or by night without notice, or after giving such notice as may appear to him reasonable, inspect any place in which any infectious disease is known or suspected to exist, and take such measures as he may think fit to prevent the spread of such disease beyond such place.

Section 312 - Disinfection of buildings and articles

(1)     If the Municipal Health Officer is of opinion that the cleansing or disinfecting of any premises or part thereof, or of any article therein which is likely to retain infection, will tend to prevent or check the spread of any infectious disease, he may by notice require the occupier to cleanse or disinfect the same in the manner and within the time specified in such notice.

 

(2)     If the Municipal Health Officer considers that immediate action is necessary, or that the occupier is, by reason of poverty or otherwise unable effectually to comply with his requisition, the Municipal Health Officer may himself, without notice, cause such premises or article to be cleansed or disinfected and for this purpose may cause such article to be removed from the premises; and the expenses incurred by the Municipal Health Officer shall be recoverable from the said occupier in cases in which he is, in the opinion of the Municipal Health Officer not unable by reason of poverty effectually to comply with such requisition.

Section 313 - Provision of places for disinfection and power to destroy infected articles

(1)     The Municipal Health Officer shall, from time to time, notify places at which conveyances, clothing, bedding, or other articles which have been exposed to infection from any infectious disease shall be washed or disinfected.

 

(2)     The Municipal Health Officer may direct any clothing, bedding or other articles likely to retain such infection to be disinfected or destroyed and shall on demand, give compensation for any article destroyed under this sub-section.

 

(3)     No person shall wash such clothing or bedding or other articles in any places other than those set apart for such purposes under sub-section (1).

Section 314 - Prohibition against transfer of infected articles

No person shall without previously disinfecting it give, lend, let, hire, sell, transmit or otherwise dispose of any article, which he knows or has reason to know, has been exposed to infection from any infectious disease:

Provided that nothing in this section shall apply to a person who transmits with proper precautions any article for the purpose of having it disinfected.

Section 315 - Power of "Chairperson" to prohibit use of water likely to spread infection

If the chief medical officer of the district, the Municipal Health Officer or the local medical officer certifies that the water in any well, tank or other place within the limits of the municipality, is likely if used for drinking, to endanger or cause the spread of any infectious disease, the "Chairperson" shall by public notice, prohibit the use of such water for drinking and domestic purposes during a specified period.

Section 316 - Municipal Health Officer may order removal of patients to hospitals

When a hospital or other place for the reception of persons suffering from infectious diseases is provided by the council, the Municipal Health Officer may, on a certificate signed by a medical practitioner registered under the law relating to the registration of medical practitioners for the time being in force, arrange for, or direct the removal to such hospital or place, of any person suffering from an infectious disease who is, in the opinion of such medical practitioner without proper lodging or accomodation, or without medical supervision directed to prevent the spread of the disease, or who is in a place occupied by more than one family.

Section 317 - Prohibition against infected person carrying on occupation

If any person knows or has been certified by the Municipal Health Officer, the local medical officer, or a registered medical practitioner that he is suffering from an infectious disease, he shall not engage in any occupation, or carry on any trade or business, which involves the risk of spreading the disease.

Section 318 - Prohibition against person suffering from infectious disease entering public conveyance

(1)     No person who is suffering from any infectious disease shall, without taking proper precautions against spreading such disease, cause or allow himself to be conveyed in a public conveyance.

 

(2)     No person who is suffering from any infectious disease shall enter a public conveyance without previously notifying to the owner or driver or person in charge of such conveyance that he is so suffering.

 

(3)     No owner, driver, or person in-charge of a public conveyance shall knowingly carry or permit to be carried in such conveyance any person suffering as aforesaid in contravention of sub-section (1).

 

(4)     No owner or driver or person in-charge of a public conveyance shall be bound to convey any person suffering as aforesaid, unless and until the said person pays or tenders a sum sufficient to cover any loss and costs that may be incurred in disinfecting such conveyance, anything in any Act relating to public conveyance, for the time being in force to the contrary notwithstanding.

 

(5)     A Court convicting any person of contravening sub-section (1) or sub-section (2) may levy, in addition to the penalty for the offence provided in this Act, an additional fine of such amount as the Court deems sufficient to cover the loss and costs which the owner or driver must incur for the purpose of disinfecting the conveyance. The amount of any additional fine so imposed shall be awarded by the Court to the owner or driver of the conveyance:

Provided that if such additional fine is imposed in a case which is subject to appeal, the amount shall not be paid to the owner or driver before the period allowed for presenting the appeal has elapsed, or, if an appeal is presented, before the decision of the appeal.

(6)     At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum which the plaintiff shall have received under this section.

Section 319 - Letting of infected buildings

(1)     No person shall let or sub-let or allow any person to enter a building or any part of a building in which he knows or has reason to know, that a person has been suffering from any infectious disease without having the same and all articles therein liable to retain infection, disinfected to the satisfaction of the Municipal Health Officer.

 

(2)     For the purpose of sub-section (1), the keeper of a hotel or lodging house shall be deemed to let the same or part of the same to any person accommodated therein.

Section 320 - Power to order closure of places of public entertainment

In the event of the prevalence of any infectious disease within the municipality, the council may by notice require the owner or occupier of any building, booth or tent used for purposes of public entertainment to close the same for such period as it may fix.

Section 321 - Minor suffering from infectious disease not to attend school

No person, being the parent or having the care or charge of a minor who is or has been suffering from an infectious disease or has been exposed to infection therefrom shall after a notice from the Municipal Health Officer or the local medical officer that the minor is not to be sent to school or college permit such minor to attend school or college without having procured from the Municipal Health Officer, the local medical officer or a registered medical practitioner a certificate that in his opinion such minor may attend without undue risk of communicating such disease to others.

No fee shall be charged by the Municipal Health Officer or the local medical officer for the grant of a certificate under this section.

Section 322 - Compulsory vaccination

(1)     Vaccination shall be compulsory in every Municipality in respect of such persons and to such extent as may be prescribed;

 

(2)     The procedure prescribed in such rules for enforcing vaccination shall be observed.

Section 323 - Obligation to give information of small-pox

Where an inmate of any dwelling place is suffering from small-pox, the head of the family to which the inmate belongs, and in his default, the occupier or person incharge of such place, shall inform the Municipal Health Officer with the least practicable delay.

Section 324 - Mosquito control

The council shall take such measures as may be necessary to prevent or eradicate the breeding of mosquitoes in any area in the municipality.

Section 325 - Power of access to Commissioner for anti-malarial operations

The Commissioner or any person authorised by him in this behalf shall, for the purpose of anti-malarial operation, have access to any area in the municipality which has been or is a breeding place for mosquitoes.

Section 326 - Power of Government to make rules

(1)     [236][The Government may by notification in Andhra Pradesh Gazette make rules for carrying out all or any of the purposes of this Act].

 

(2)     In particular and without prejudice to the generality of the foregoing power they may make rules?

 

(a)      with reference to all matters expressly required or allowed by this Act to be prescribed;

 

(b)      with reference to all matters not expressly provided for in this Act, [237]["relating to electoral rolls and the conduct of enquiries and decisions of disputes relating to electoral rolls"] relating to the elections of Chairperson, Vice-chairperson, [238][- - -] or members Including deposits to be made by candidates standing for elections as members and the conditions under which such deposits may be forfeited:

Provided that the deposits required shall not exceed one hundred rupees;

(c)      as to the conditions on which property may be acquired by the council or on which property vested in or belonging to the council may be transferred by sale, mortgage, lease, exchange or otherwise;

 

(d)      as to the working of provident funds;

 

(e)      as to the matters mentioned in Rule 39 of the Taxation and Finance Rules in Schedule II as to the conditions on which grant-in-aid shall be paid from the municipal fund for purposes of education and medical relief and as to the conditions on which grants and loans may be made to co-operative building societies;

 

(f)       as to the intermediate offices, if any, through which correspondence between the municipal authorities and the Government or officers of the Government shall pass;

 

(g)      as to the preparation of plans and estimates for works which are to be partly or wholly constructed at the expense of the council and the power of the municipal authorities or officers of the Government accord professional or administrative sanction to estimates;

 

(h)     as to the accounts to be kept by the council, the manner in which such accounts shall be audited and published and as to the conditions under which the rate-payers may appear before auditors, inspect books and vouchers and take exception to items entered or omitted therein;

 

(i)       as to the estimates of receipts and expenditure, returns, statements and reports to be submitted by council;

 

(j)       as to the model in which the officers of the Government shall advise and assist council in carrying out the purposes of this Act;

 

(k)      as to the interpellation of the Chairperson by the members; [ - - - ][239]

 

(l)       as to the moving of resolutions at the meetings of the Council;

 

(m)    for regulating the sharing between local authorities of the proceeds of the [240][- - - ] tax on carriages and carts, tax on animals, and other taxes or income levied or obtained under this or any other Act;

 

(n)     as to the form of registers and returns of births and deaths and the manner in which the registers shall be maintained, the dates on which returns shall be made and the officer to whom returns shall be sent;

 

(o)      as to the transfer of allotments entered in the sanctioned budget of a council from one head to another;

 

(p)      as to the power of auditors, inspecting and superintending officers and officers authorised to hold inquiries, to summon and examine witnesses, and to compel the production of documents and all other matters connected with audit inspection, and superintendence ;

 

(q)      for determining the cost of buildings and lands;

 

(r)      as to the fines to be imposed in respect of breach of bye-laws made under Section 330;

 

(s)      as to the procedure to be followed in the making of a layout and forming of street or road and the setting apart of areas for public purposes and for determining the information and plans to be submitted with the applications for permission to make layouts and form streets or roads and set apart areas for public purposes and for regulating the level and width of public streets or roads and the height of buildings abutting thereon.

 

(3)     In making any rule, the Government may provide that a breach thereof shall be punishable with a fine which may extend to one hundred rupees.

[241][(4) Every rule made under this Act shall, immediately after it is made, be laid before each House of the State Legislature 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, both Houses agree in making any modification in the rule or in the annulment of the rule shall from the date on which the modification or annulment is notified in the Andhra Pradesh Gazette, have effect only in such modified form or shall stand any 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.

Section 327 - [Omitted]

[Omitted by Act 22 of 1981 (w.e.f. 16-6-1981)].--

Section 328 - Power of the amend Schedules

[242][(1) The Government may, by notification, alter, add to or cancel Schedules I, II, III, IV, V, VI and VII.

(2) ??Where a notification has been issued under sub-section (1), there shall, unless the notification is in the meantime rescinded, be introduced in the Legislative Assembly, as soon as may be, but in any case during the next session of the Legislative Assembly following the date of the issue of the notification, a bill on behalf of the Government, to give effect to the alteration, addition or cancellation, as the case may be, of the Schedules specified in the notification, and the notification shall cease to have effect when such bill becomes law, whether with or without modifications but without prejudice to the validity of anything previsouly done thereunder:

Provided that if the notification under sub-section (1) is issued when the Legislative Assembly is in session, such a bill shall be introduced in the Legislative Assembly during that session;

Provided further that where for any reason a bill as aforesaid does not become law within six months from the date of its introduction in the Legislative Assembly the notification shall cease to have effect on the expiration of the said period of six months.

(3) ???All references made in this Act, to any of the Schedules shall be construed as relating to the Schedules as for the time being amended in exercise of the powers conferred by this section".

Section 329 - [Omitted]

[243][- - - ]

Section 330 - Power of council to make bye-laws

The council may make bye-laws, inconsistent with this Act or with any other law, to provide--

(1)     for all matters expressly required or allowed by this Act to be provided for by bye-law;

 

(2)     for the due performance by all municipal officers and employees of the duties assigned to them;

 

(3)     for the regulation of the time and mode of collecting the taxes and duties under this Act;

 

(4)     for determining the conditions under which lands shall be deemed to be appurtenant to buildings;

 

(5)     (a) for the use of public tanks, wells, conduits and other places or works for water-supply;

(b) ???for the regulation of public bathing, washing and the like;

(c)?? ?for the maintenance and protection of the water-supply system, and the protection of the water-supply from contamination;

(d)?? ?for the conditions on which connections with the council's water-supply mains may be made, for their alteration and repair and for their being kept in proper order;

(e)?? ?for the supply of water for consumption and use;

(f) ???for the prevention of waste of water;

(g) ??for the measurement of water;

(h)? ?for the compulsory provision of cisterns and meters;

(i) ???for the supply of water in case of fire;

(6)     ?for the maintenance and protection of the lighting system;

 

(7)     ?(a) for the maintenance and protection of the drainage system;

(b) ???for the construction of house-drains and for regulating their situation, mode of construction and materials;

(c)?? ?for the alteration and repair of house-drains;

(d) ???for the cleansing of house-drains;

(e) ???for the construction of cess-pools, septic-tanks, filters and drains;

(f) ???for the payment or apportionment of money payable on account of pipes or drains common to more premises than one;

(8)     for the cleansing of latrines earth-closets, ash-pits and cess-pool and the keeping of latrines supplied with sufficient water for flushing;

 

(9)     ?(a) for the testing of water pipes and drain in private premises, the recovery or the apportionment of the cost of such testing, and the breaking up of ground or of buildings for the purposes of such testing;

(b) ???for the licensing of plumbers and fitters, and for the compulsory employment of licensed plumbers and fitters;

(10)   for the protection of avenues, streets grass and other appurtenances of public streets and other places;

 

(11)   for the regulation of the use of parks, gardens, and other public or municipal places and institutions, but not including the regulation of traffic therein, the reservation thereof for particular kinds of traffic or the closing thereof or parts thereof to traffic;

 

(12)   (a) for the regulation of building;

(b) ???for determining information and plans to be submitted with applications to build;

(c)?? ?for the licensing of builders and surveyors and for the compulsory employment of licensed builders and surveyors;

(13)   for the regulation of hotels, lodging houses, boarding houses, choultries, rest-houses, emigration depots, restaurants, eating houses, cafes, refreshment rooms coffee-houses, tea stalls and premises to which the public are admitted for repose or for the consumption of any food or drink;

 

(14)   for regulating the mode of constructing stables, cattlesheds and cow-houses and connecting them with municipal drains;

 

(15)   for the sanitary control and supervision of places used for any of the purposes specified in Schedule IV and of any trade or manufacture carried on therein;

 

(16)   (a) for the control and supervision of slaughter houses and of places used for skinning and culting up earcasses;

(b)?? ?for the control and supervision of the methods of slaughtering;

(c)?? ?for the control and supervision of butchers carrying on business in the municipality or at any slaughterhouse outside the municipality provided by the council or licensed by the Municipal Health Officer as the case may be;

(17)   for the inspection of milch cattle, and the regulation of the ventilation, lighting, clearning drainage and water supply of dairies and cattle-sheds in the occupation of persons following the trade of dairy man or milk seller ;

 

(18)   for enforcing the cleanliness of milk stores and milk shops and vessels and utensils used by the keepers thereof or by hawkers for containing or measuring milk or preparing any milk product and for enforcing the cleanliness of persons employed in the milk trade;

 

(19)   for requiring notice to be given whenever any milch animal is affected with any contagious disease and prescribing the precaution to be taken in order to protect milch cattle and milk against infection and contamination;

 

(20)   (a) for the inspection of public and private markets and shops and other places therein;

(b) ???for the regulation of their use and the control of their sanitary condition;

(c) ???for licensing and controlling brokers, commission agents, weighmen and measures practising their calling in markets;

(21)   for prescribing the method of sale of articles whether by measure, weight, tale or piece;

 

(22)   for the prevention of the sale or exposure for sale of unwholesome meat, fish or provisions and securing the efficient inspection and sanitary regulation of shops in which articles intended for human food are kept or sold;

 

(23)   (a) for the regulation of burial and burning grounds and other places for the disposal of corpses;

(b) ???for the verification of deaths and the causes of death;

(c) ???for the period for which corpses must be kept for inspection;

(d) ???for the period within which corpses must be conveyed to a burial or burning ground, and the mode of conveyance of corpses through public places;

(24)   for the registration of births and deaths;

 

(25)   for the training and licensing of nurses, dhais and midwives;

 

(26)   for the enumeration of the inhabitants of the municipality;

 

(27)   for the prevention of infectious diseases of persons or animals;

 

(28)   for the enforcement of compulsory vaccination;

 

(29)   for prevention of outbreaks of fire;

 

(30)   for the prohibition and regulation of advertisement in public streets or parks;

 

(31)   in general for securing cleanliness, safety and order and the good Government and well-being of the municipality and for carrying out all the purposes of this Act.

Section 330A - Power of Government to make rules in lieu of bye-laws

[244][(1) If, in respect of any matters specified in Section 330 the council has failed to make any bye-laws or if the bye-laws made by it are not, in the opinion of the Government, adequate, the Government may make rules providing for such matters as they may think fit.

(2) ??The rules made under this section may add to alter or cancel any bye-laws made by the Council.

(3) ??If any provision of bye-laws made by the Council is repugnant to any provision of a rule made under this section, the rule shall prevail, and the bye-laws, to the extent it is repugnant, be void.

(4)? ?The provisions of Section 331, sub-section (2) of Section 333 and Section 333(A) shall apply to the rules made under this section as they apply to the bye-laws made under Section 330.

(5) ??Before making any rule under this section the Government shall give the Council an opportunity of showing cause against the proposal.]

Section 331 - Power to give retrospective effect to certain bye-laws

Bye-laws with regard to the drainage of, and supply of water to, buildings and water-closets, earth-closets, privies, ash-pits and cess-pools in connection with buildings and the keeping of water-closets supplied with sufficient water for flushing may be made so as to affect buildings erected before passing of the bye-laws or this Act.

Section 332 - Conditions precedent to making bye-laws

The council shall, before making or altering bye-laws, publish a draft of the proposed bye-laws and alterations together with a notice specifying a date at or after which such draft will be taken into consideration, and shall, before making the bye-laws or alterations, receive and consider any objection or suggestion which may be made in respect of such draft by any person interested therein before the date so specified.

Section 333 - Confirmation of bye-laws by Government

(1)     No bye-law or cancellation or alteration of bye-law shall have effect until the same is approved and confirmed by the Government.

 

(2)     Any bye-law or cancellation or alteration of a bye-law when it is duly confirmed shall be published in the prescribed manner in English and in the main language of the district and shall come into operation three months after it is so published.

Section 333A - Penality for breaches of bye-laws

[245][In making bye-laws the Municipal Council may, subject to the provisions of Clause (1) of Article 20 of the Constitution, provide that a breach thereof shall be punishable--

(a)      with fine which may extend to fifty rupees and in case of a continuing breach with fine which may extend to fifteen rupees for every day during which the breach continues after conviction for the fist breach; or

 

(b)      with fine which may extend to ten rupees for every day during which the breach continues after receipt of notice from the executive authority to discontinue such breach."

Section 334 - Copies of Act, rules and bye-laws to be sold at municipal office

Complete copies in English and in the main language of the district--

(a)      of this Act,

 

(b)      of all rules framed by the Government under Clause (b) of Sub-section (2) of Section 326, and

 

(c)      of all bye-laws in force for the time being, shall be kept at the municipal office and shall be sold to the public at cost price.

Section 335 - Publication of regulations

Regulations made by the municipal authorities under this Act shall be published in such manner as the council may determine.

Section 336 - General provisions regarding penalties specified in Schedules VI and VII

(1)     Whoever?

 

(a)      contravenes any provision of any of the sections or rules specified in the first column of Schedule VI; or

 

(b)      contravenes any rule or order made under any of the specified sections or rules in the said Schedule; or

 

(c)      fails to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of the provisions of any of the said sections or rules, shall, on conviction, be punished with fine which may extend to the amount mentioned in that behalf in the fourth column of the said Schedule:

Provided that the fine imposed shall, in no case, be less than one-third of the said amount.

(2)     Whoever, after having been convicted of?

 

(a)      contravening any provision of the sections or rules specified in the first column of Schedule VII, or

 

(b)      contravening any rule or order made under any of the specified sections or rules in the said Schedule, or

 

(c)      failing to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of the provisions of any of the said sections or rules, continuous to contravene the said provision or to neglect to comply with the said direction or requisition, as the case may be, shall, on conviction, be punished for each day after the previous date of conviction during which he continuous so to offend, with fine which may extend to the amount mentioned in that behalf in the fourth column of the said Schedule:

Provided that the fine imposed shall, in no case be less than one-third of the said amount.

Explanation.--The entries in the third column of Schedules VI and VII headed "subject" are not intended as definitions of the offences described in the sections, sub-sections, or clauses mentioned in the first and second columns or even as abstracts of those sections, sub-sections, or clauses, but are inserted merely as references to the subject of the sections, sub-sections or clauses, as the case may be.

Section 337 - Penalty for acting as member, Chairperson, [ - - - ] or Vice-chairperson when disqualified

(1)     Whoever acts as a member [246][- - -] knowing that under this Act or the rules made thereunder he is not entitled, or has ceased to be entitled, to hold such office shall, on conviction, be punished with fine not exceeding two hundred rupees for every such offence.

 

(2)     Whoever acts as or exercises the functions of the Chairperson or Vice-chairperson of a council knowing that under this Act or the rules made thereunder he is not entitled, or has ceased to be entitled, to hold such office or to exercise such functions shall, on conviction, be punished with fine not exceeding one thousand rupees for every such offence.

 

(3)     If the Chairperson or Vice-chairperson of a council [ - - - ][247] fails to hand over any documents of, or any moneys or other properties vested in, or belonging to, the council [ - - - ][248] which are in or have come into his possession or control, to his successor in office or other prescribed authority, in every case as soon as his term of office as Chairperson or Vice-chairperson expires and in the case of the Vice-chairperson also on demand by the Chairperson, such Chairperson or Vice-chairperson shall, on conviction, be punished with fine not exceeding one thousand rupees for every such offence.

Section 338 - Penalty for acquisition by Municipal Officers of interest in contract or work

If any municipal officer or employee knowingly acquires, directly or indirectly, by himself or by a co-sharer or servant, or near relative or any benamidar, any share or interest in any contract or employment with, by or on behalf of, the council, he shall be deemed to have committed an offence under Section 168 of the Indian Penal Code:

Provided that no person shall, by reason of being a shareholder in, or member of, any company, be held to be interested in any contract entered into between such company and the council unless he is a director of such company:

Provided further that nothing in this section shall apply to a teacher employed by a council who, with the sanction of the Government, enters into a contract with the council with regard to the utilization for the purpose of a school of any land or building owned by him or in which he has a share or interest.

Section 339 - Penalty for omission to take out licence for carriage or animal

(1)     Every owner or person in charge of any carriage or animal liable to tax who omits to obtain a licence shall, on conviction, be punished with fine not exceeding fifty rupees and shall also pay the amount of the tax payable by him in respect of such carriage or animal.

 

(2)     On payment of such fine and tax and of such costs as may be awarded, such owner or person shall receive a licence for the carriage or animal in respect of which he has been fined and for the period during which he has found to be in default.

 

(3)     The provisions of this section shall apply to any person who having compounded for the payment of a certain sum under Section 108, fails to pay such sum, and the amount due for a licence shall, in such case, be taken as the amount so compounded for.

Section 339A - Penalty for wilful prevention of distraint

[249][Any person wilfully preventing distraint or sufficient distraint of property subject to distraint for any tax due from any person, shall on conviction be liable to a fine not exceeding twice the amount of the tax found to be due.]

Section 340 - Penalty for unlawful building

If the construction or reconstruction of any building or well--

(a)      is commenced without the permission of the executive committee, or

 

(b)      is carried on or compelled otherwise than in accordance with the particulars on which such permission was based, or

 

(c)      is carried on or completed in contravention of any lawful order or in breach of any provision contained in this Act or in any rule or bye-law made thereunder or of any direction or requisition lawfully given or made, or if any alterations or additions required by any notice issued under Section 217 or Section 228 are not duly made, or if any person to whom a direction is given under Sec. 228 to alter or demolish a building or well fails to obey such direction, the owner of the building or well or the said person, as the case may be, shall be liable on conviction to a fine which may extend in the case of a building to five hundred rupees subject to a minimum of fifty rupees and in the case of a well or hut to fifty rupees, subject to a minimum of ten rupees and to a further fine which may extend in the case of a building to one hundred rupees subject to a minimum of ten rupees and in the case of a well or hut to ten rupees subject to a minimum of two rupees, for each day during which the offence is proved to have continued after the first day.

Section 341 - Notice to conservancy worker before discharge, etc.

(1)     Every conservancy worker employed by the council shall be entitled to one month's notice before discharge or to one month's wages in lieu thereof, unless he is discharged for misconduct or was engaged for a specified term and discharged at the end of it.

 

(2)     Where any conservancy worker employed by the council without reasonable cause, resigns his employment or absents himself from his duties without giving one month's notice to the council, or neglects or refuses to perform his duties, or any of them, he shall be liable on conviction to a fine not exceeding fifty rupees.

 

(3)     The Government may, by notification in the Andhra Pradesh Gazette, direct that, on and from a date to be specified in the notification, the provisions of Sub-sections (1) and (2) with respect to conservancy workers shall apply also to any specified class of municipal employees whose functions intimately concern the public health or safety.

Section 342 - Wrongful restraint of municipal authority or officer and his delegate

Every person, who prevents the municipal authority or officer or any person to whom the said authority or officer has lawfully delegated its or his powers of entering into or on any land or building, from exercising its or his lawful power of entering thereinto or thereon shall be deemed to have committed an offence under Section 341 of the Indian Penal Code.

Section 343 - Penalty for not giving information or giving false information

If any person, who is required, by the provisions of this Act or by any notice or other proceedings issued under this Act to furnish any information,--

(a)      omits to furnish it, or

 

(b)      knowingly furnishes false information, such person shall be liable to a fine not exceeding one hundred rupees.

Section 344 - General provisions regarding licences and permissions

(1)     Every licence and permission granted under this Act or any rule or bye-law made under this Act shall specify the period of any for which, and the restrictions, limitations and conditions subject to which, the same is granted, and shall be signed by the Commissioner.

 

(2)     Save as otherwise expressly provided in or prescribed under this Act, for every such licence or permission, fees be charged on such units and at such rates as may be fixed by the council.

 

(3)     The council may?

 

(a)      place the collection of such fees under the management of such persons as may appear to it proper;

 

(b)      farm out such collection for any period not exceeding three years at a time and on such terms and conditions as it may think fit.

 

(4)     Every order of a municipal authority granting or refusing a licence or permission shall be communicated to the person concerned.

 

(5)     Every order of a municipal authority refusing, suspending, cancelling or modifying, a licence or permission shall be in writing and shall state the grounds on which it proceeds.

 

(6)     Subject to the special provisions in Chapters IV and VI of Part V regarding buildings and private markets and subject to such sanction as may by required for the refusal of a licence or permission, any licence or permission, granted under this Act or any rule or bye-law made under it, may at any time be suspended or revoked by the Commissioner in consultation with the person or authority granting the licence or permission if any of its restrictions, limitations or conditions is evaded or infringed by the grantee, or if the grantee is convicted of a breach of any of the provisions of this Act, or of any rule, bye-law or regulation made under it in any matter to which such licence or permission relates, or if the grantee has obtained the same by misrepresentation or fraud:

Provided that the grantee shall be given an opportunity to show cause against such suspension or revocation.

(7)     It shall be the duty of the Commissioner to inspect places in respect of which a licence or permission is required by or under this Act, and he may enter any such place between sunrise and sunset and also between sunset and sunrise, if it is open to the public or any industry is being carried on in it at the time; and if he has reason to believe that anything is being done in any place without a licence or permission where the same is required by or under this Act or otherwise than in conformity with the same, he may at any time by day or night, without notice, enter such place for the purpose of satisfying himself whether any provision of law, rules, bye-laws or regulations, any condition of a licence or permission or any lawful direction or prohibition is being contravened and no claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this sub-section by the Commissioner or any person to whom he has lawfully delegated his powers, or by any force necessary for effecting an entrance under this sub-section.

 

(8)     When any licence or permission is suspended or revoked or when the period for which it was granted or within which application for renewal should be made, has expired, whichever expires later, the grantee shall, for all purposes of this Act or any rule or bye-law made under this Act, be deemed to be without a licence or permission until the order suspending or revoking the licence or permission is cancelled or, subject to sub-section (13), until the licence or permission is renewed as the case may be.

 

(9)     Every grantee of any licence or permission shall, at all reasonable times, while such licence or permission remains in force, produce the same at the request of the Commissioner or any person authorised by him in this behalf.

 

(10)   Whenever any person is convicted of an offence in respect of the failure to obtain a licence or permission or to make a registration required by the provisions of this Act or any rule or bye-law made under this Act, the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the council amount of the fee chargeable for the licence or permission or for registration, and may in his discretion also recover summarily and pay over to the council such amount, if any, as he may fix as the costs of the prosecution.

 

(11)   Save as otherwise expressly provided in or prescribed under this Act, every application for a licence or permission or for registration or the renewal of a licence or permission or registration, shall be made not less than thirty days and not more than ninety days before the commencement of the year or of such less period as is mentioned in the application.

 

(12)   Such recovery of the fee under Sub-section (10) shall not entitle the person convicted to a licence or permission or to registration as aforesaid.

 

(13)   The acceptance by council of the pre-payment of the fee for a licence or permission or for registration shall not entitle the person making such pre-payment to the licence or permission or to registration as the case may be, but only to refund of the fee, in the case of refusal of the licence or permission or registration; but an applicant for the renewal of a licence or permission or registration shall, until communication of orders on his application, be entitled to act as if the licence or permission or registration had been renewed; and save as otherwise specially provided in this Act, if orders on an application for or renewal of licence or permission, or registration are not communicated to the applicant within ninety days in the case of the grant of a licence, permission or registration and thirty days in the case of the renewal of a licence, permission or registration, after the receipt of the application by the Commissioner the application shall be deemed to have been allowed for the year or for such shorter period as is mentioned in the application subject to the conditions imposed by or under this Act.

Section 345 - Appeals

[250][(1) An appeal shall lie to the council from--

(a)      any notice issued or other action taken or proposed to be taken by the Chairperson, Commissioner, Municipal Health Officer or any other officer of the Municipality?

 

(i)       under Sections 140, 150 157 to 161 (both inclusive) Sub-section (1) and (3) of Section 217, sub-section (3) of Section 228, sub-section (1) of Section 231, sub-section (1) of Section 232, sub-section (1) of Section 237 and Sections 239, 250, 261, and 262;

 

(ii)      under any bye-law concerning house drainage and the connection of house drains with municipal drains or connections with municipal water supply or lighting mains; or

 

(b)      any order of the Commissioner, Municipal Health Officer or any other officer of the Municipality granting or refusing a licence or permission; or

 

(c)      any order of the Commissioner made under Section 212 refusing to approve the site for building, or under Sub-section (6) of Section 344 suspending or revoking a licence; or

 

(d)      any other order of the Commissioner, Municipal Health Officer or any other officer of the Municipality that may be made appealable by rules under Section 326.

(2) ??the decision of the council on an appeal referred to do it under sub-section (1) shall be final.

(3) ??An appeal under this section shall be presented and disposed of in the manner prescribed and no Court-fee shall be chargeable thereof.

Section 346 - Limitation of time for appeal

In any case in which no time is prescribed by the foregoing provisions of this Act for the presentation of an appeal allowed thereunder, such appeal, subject to the provisions of Section 5 of the Limitation Act, 1963. (Central Act 36 of 1963) shall be presented--

(a)      where the appeal is against an order granting a licence or permission, within thirty days after the date of the publication of the order on the notice board of the council; and

 

(b)      in other cases, within thirty days after the date of the receipt of the order or proceeding against which appeal is made.

Section 347 - Power of persons conducting election and other enquiries

All persons authorised by rule to conduct enquiries relating to elections and all inspecting or superintending officers holding any enquiries into matters falling within the scope of their duties shall have, for the purposes of such enquiries the same powers in regard to the issue of summons for the attendance of witnesses and the production of documents, as are conferred on revenue officers by the law relating to the issue of revenue summonses for the time being in force and all persons to whom summonses are issued by virtue of the said powers shall be bound to obey such summonses.

Section 348 - Summons to attend and give evidence or produce documents

[251][The Chairperson, Commissioner,] Municipal Health Officer, Municipal Engineer or Town Planning Officer may summon any person to appear before him, and to give evidence or produce documents in respect of any question relating to taxation, or inspection or registration, or to the grant of any licence or permission under the provisions of this Act.

Section 349 - Form of notices and permissions

All notices and permissions given, issued or granted, as the case may be, under the provisions of this Act shall be in writing and in such form as may be prescribed.

Section 350 - Signature on documents

(1)     Every licence, permission, notice, bill, Schedule, summons or other document which is required by this Act or by any rule, bye-law or regulation made under it to bear the signature of the Chairperson or Commissioner or of any Municipal Officer shall be deemed to be properly signed if it bears a facsimile of the signature of the Chairperson, Commissioner or of such Municipal Officer, as the case may be stamped thereon.

 

(2)     Nothing in Sub-section (1) shall be deemed to apply to a cheque drawn upon the municipal fund or to any deed of contract entered into by the council.

Section 351 - Publication of bye-laws, notices, orders, etc.

Every bye-law, order, notice or other document directed to be published under this Act shall be written in, or translated into, the main language of the district and deposited at the municipal office, and a copy shall be posted up in a conspicuous position at such office and such other places as the council may direct, and a public proclamation shall be made throughout the Municipality by beat of drum that such copy has been so posted up and that the original is open to inspection at the municipal office.

Section 352 - Notice of prohibition or setting apart of places

Whenever the council has set apart any place for any purpose authorised by this Act or has prohibited the doing of anything in any place, the Commissioner shall forthwith cause to be put up a notice in English and in the main language of the district at or near such place. Such notice shall specify the purpose for which such place has been set apart or the act prohibited in such place.

Section 353 - Method of serving documents

(1)     When any notice, or other documents is required by this Act or by any rule, bye-law, regulation or order made under it is to be served on or sent to any person, the service or sending thereof may be effected?

 

(a)      by giving or tendering the said document to such person; or

 

(b)      if such person is not found, by leaving such document at his last known place of abode or business or by giving or tendering the same to some adult member or servant of his family; or

 

(c)      if such person does not reside in the municipality and his address elsewhere is known to the Commissioner by sending the same to him by post registered; or

 

(d)      if none of the means aforesaid be available, by fixing the same in some conspicuous part of such place of abode or business.

 

(2)     Where the person is an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier in the notice or document, and in the case of joint owners and occupiers it shall be sufficient to serve it on, or send it to, one of such owners or occupiers.

 

(3)     Whenever in any bill, notice form or other document, served or sent under this Act, a period is fixed within which any tax or other sum is to be paid or any work executed or anything provided, such period shall save as otherwise provided in this Act, be calculated from the date of such service or sending.

Section 354 - Recovery by occupier of sum leviable from owner

If the occupier of any building or land makes on behalf of the owner thereof any payment for which under this Act the owner but not the occupier is liable, such occupier shall be entitled to recover the same from the owner and may deduct the same from the rent then or thereafter due by him to the owner.

Section 355 - Obstruction of owner by occupier

(1)     If the occupier of any building or land prevents the owner from carrying into effect in respect thereof any of the provisions of this Act, the Commissioner may by an order, require the said occupier to permit the owner, within eight days from the date of service of such order, to execute all such works as may be necessary.

 

(2)     Such owner shall, for the period during which he is prevented as aforesaid, be exempt from any fine or penalty to which he might otherwise have become liable by reason of default in executing such works.

Section 356 - Execution of work by occupier in default of owner

If the owner of any building or land fails to execute any work which he is required to execute under the provisions of this Act or of any rule, bye-law, regulation or order made under it, the occupier of such building or land may, with the approval of the Commissioner execute the said work and shall be entitled to recover from the owner the reasonable expenses incurred in the execution thereof, and may deduct the amount thereof from the rent then or thereafter due by him to the owner.

Section 357 - Power of entry to inspect, survey or execute the work

The [252][ - - - ] Chairperson or Commissioner or any person authorised by [253][ - - - ] him in this behalf may enter into or on any building or land with or without assistants or workmen in order to make any enquiry, inspection, test, examination, survey, measurement, or valuation or for the purpose of lawfully placing or removing pipes or meters, or to execute any other work which is authorised by the provisions of this Act or of any rule, bye-law, regulation or order made under it, or which it is necessary for any of the purposes of this Act or in pursuance of any of the said provisions, to make or execute:

Provided that--

(a)      except when it is in this Act otherwise expressly provided, no such entry shall be made after sunset and before sunrise;

 

(b)      except when it is in this Act otherwise expressly provided, no dwelling house, and no part of a public building, used as a dwelling place, shall be so entered without the consent of the occupier thereof, unless the said occupier has received at least two hours' previous notice of the intention to make such entry;

 

(c)      sufficient notice shall be given in every case even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to women to remove to some part of the premises where their privacy may be preserved; and

 

(d)      due regard shall be had, so far as may be compatible with the exigencies of the purpose of the entry, to the social and religious usages of the occupants of the premises.

Section 358 - Power of entry on lands adjacent to works

(1)     The [254][ - - - ] Chairperson or Commissioner or any person authorised by him in this behalf may, with or without assistants or workmen enter on any land adjoining or within fifty meters of any work authorised by this Act or by any rule, bye-law, regulation or order made under it, for the purpose of depositing on such land any soil gravel, stone or other materials, or of obtaining access to such work or for any other purpose connected with the carrying on thereof.

 

(2)     The [255][ - - - ] Chairperson or Commissioner or any person authorised by him as aforesaid, shall, before entering on any land under sub-section (1), give the owner or occupier three days previous notice of the intention to make such entry and state the purpose thereof, and shall if so required by the owner or occupier fence off so much of the land as may be required for such purpose.

 

(3)     The [256][ - - - ] Chairperson or Commissioner shall not be bound to make any payment, tender or deposit, before entering on any land under sub-section (1), but as little damage as may be shall be done and the [257][- - -] Chairman or Commissioner shall pay compension to the owner or occupier of land for such entry and for any temporary or permanent damage that may result therefrom.

 

(4)     If such owner or occupier is dissatisfied with the amount of compensation paid to him by the Chairperson or Commissioner he may appeal to the council [258][- - -].

Section 359 - Consequences of failure to obtain licences, etc., or of breach of the same

If, under this Act or any rule, bye-law or regulation made under it, the licence or permission of the council [Chairperson or Commissioner] or other officer of the municipality or registration in the municipal office is necessary for the doing of any act, and if such act is done without such licence or permission or registration, or in a manner not consistent with the terms of any such licence or permission, then--

(a)      the Chairperson, or Commissioner or other officer may, by notice, require the person so doing such act to alter, remove or, as far as practicable, restore to its original state the whole or any part of any property moveable or immovable, public or private affected thereby, within a time to be specified in the notice; and further.

 

(b)      if no penalty has been specially provided in this Act for so doing such act, the person so doing it shall be liable, on conviction before a Magistrate, to a fine not exceeding fifty rupees for every such offence.

Section 360 - Time for complying with order and power to enforce in default

(1)     Whenever by any notice, requisition, or order under this Act, or under any rule, bye-law or regulation made under it, any person is required to execute any work or to take any measures or to do anything, a reasonable time shall be named in such notice, requisition or order within which the work shall be executed, the measures taken or the thing done.

 

(2)     If such notice, requisition or order is not complied with, within the time so named, the Chairperson, Commissioner or other officer concerned may cause such work to be executed or may take any measures or do anything which may, in his opinion, be necessary for giving due effect to the notice, requisition or order as aforesaid; and further if no penalty has been specially provided in this Act for failure to comply with such notice, the said person shall be liable on conviction before a Magistrate to a fine not exceeding fifty rupees for every such offence.

Section 361 - Recovery of, expenses from persons liable and limitation of liability of occupier

(1)     The Commissioner may, subject to the provisions of Section 150, recover any reasonable expenses incurred under Section 360 from the person or any one of the persons to whom the notice, requisition or order was addressed, and may, in executing work or taking measures under Section 360 utilize any materials found on the property concerned or may sell them and apply the sale proceeds in or towards the payment of the expenses incurred.

 

(2)     If the person to whom notice is given is the owner of the property in respect of which it is given, the Commissioner may, whether by any action or other proceeding has been brought or taken against such owner or not, require the person, if any, who occupies such property, or any part thereof, under the owner, to pay to the council, instead of to the owner, the rent payable by him in respect of such property, as it falls due, up to the amount recoverable from the owner under sub-section (1) or to such smaller amount as the Commissioner may think proper; and any amount so paid shall be deducted from the amount payable by the owner.

 

(3)     For the purpose of deciding whether action should be taken under sub-section (2), the Commissioner may require any occupier of property to furnish information as to the sum paid by him as rent on account of such property and as to the name and address of the person to whom it is payable; and such occupier shall be bound to furnish such information.

Section 362 - Power of Commissioner to agree to receive payment of expenses in instalments

Instead of recovering any such expenses as aforesaid in the manner provided under Section 364, the Commissioner may, if he thinks fit, take an agreement from the person liable to the payment thereof, to pay the same in instalments of such amounts and at such intervals as will serve the payment of the whole amount due, with interest thereon, [259][at such rate as may be prescribed] within a period of not more than five years.

Section 363 - Power of Municipality to pay compensation

If any case not otherwise expressly provided for, in this Act, the Commissioner may, with the approval of the Council pay compensation to any person who sustains damage by reason of the exercise by any municipal authority, officer or servant of any of the powers vested in them by this Act or any other law, or by any rule, bye-law or regulation made under it.

Section 364 - Recovery of sums due as taxes

All costs, damages, penalties, compensation, charges, fees, other than school fees, expenses, rents, contributions and other sums which under this Act or any other law or rules or bye-laws made thereunder or under any contract in respect of water supply or drainage, made in accordance with this Act, the rules or bye-laws, are due by any person to the council, may if there is no special provision in this Act for their recovery be demanded by bill as provided in the rules in Schedule II and recovered in the manner provided therein.

Section 365 - Limitation for recovery of dues

(1)     No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any sum due to the council under this Act after the expiration of a period of three years from the date on which distraint might first have been made, or after the expiration of a period of [260][nine years from the date on which a suit might first have been instituted, or after the expiration of a period of [261][six] years from the date on which prosecution might first have been commenced, as the case may be, in respect of such sum;

 

(2)     It shall be the duty and responsibility of the Commissioner to place before the council a list of arrears due to the council under this Act which, if no action is taken within the period specified in Sub-section (1), are likely to be time-barred, at least one year before the expiry of the said period stating the reasons for the delay in the recovery of such amount and requesting for the instructions or directions of the Council in regard to the recovery of such arrears.

 

(3)     [262][If the Commissioner fails to furnish the list as aforesaid or omits to show in such list any arrears, or if the arrears shown in the list are due to the failure on the part of any bill collector or other employee of the council, entrusted with the collection of sums due to the council under this Act, the Commissioner or such bill-collector or other employee, as the case may be, shall be deemed to be negligent for which, action under Sub-section (1) of Section 374 may be taken.]

This corresponds to Section 345 of the Andhra Act and Sec. 128 of the Hyderabad Act. The words 'Executive Committee' and 'Secretary' were substituted by the word 'Council' and 'Commissioner' by the Amending Act 5 of 1971.

Section 366 - Persons empowered to prosecute

Subject to the provisions of Section 365, no person shall be tried for any offence against the provisions of this Act, or of any rule or bye-law made under it, unless complaint is made by the Commissioner or by a person expressly authorized in this behalf by the Council within three months of the commission of the offence. But nothing therein shall affect the provisions of the [263][Code of Criminal Procedure, 1973 (Central Act 2 of 1974]), in regard to the powers of certain Magistrates to take cognizance of offences upon information received or upon their own knowledge or suspicion :

Provided that failure to take out a licence, obtain permission or secure registration under this Act shall, for the purposes of this section, be deemed a continuing offence until the expiration of the period, if any, for which the licence permission or registration is required and if no period is specified, complaint may be made at any time within twelve months from the commencement of the offence.

Section 367 - Imprisonment in default of payment and application of costs etc.

(1)     In case any fine or costs imposed or assessed by a Magistrate under this Act or under any rule or bye-law made under it, shall not be paid, the Magistrate may order the offender to be imprisoned in default of payment subject to all the restrictions, limitations and conditions imposed in Sections 64 to 70 (both inclusive) of the Indian Penal Code.

 

(2)     Any fine, costs, tax or other sum imposed or assessed by a Magistrate under this Act or under any rule or bye-law made under it shall be recoverable by such Magistrate under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), as if it were a fine and the same shall, except in the case of a fine on recovery, be paid to the council, to be applied to the purposes of this Act.

Section 368 - Payment of compensation for damage to municipal property

If, on account of any act or omission any person has been convicted of an offence against the provisions of this Act or against any rule or bye-law made under it and by reason of such act or omission, damage has been caused to any property owned by or vesting in the council, the said person shall pay compensation for such damage, notwithstanding any punishment to which he may have been sentenced for the said offence, in the event of dispute, the amount of compensation payable by the said person shall be determined by the Magistrate before whom he was convicted of the said offence an application made to him for the purpose of, by the Commissioner not later than three months from the date of conviction; and in default of payment of the amount of compensation so determined, it shall be recovered under a warrant from the said Magistrate as if it were a fine inflicted by him on the person liable therefor.

Section 369 - Institution of suits against municipal authorities officers and servants

(1)     No suit for damages or compensation shall be instituted against the council, any municipal authority, officer or servant, or any person acting under the direction of such council, municipal authority, officer or servant, in respect of any act done in pursuance of execution or intended execution of this Act or any rule, bye-law, regulation or order made under it or in respect of any alleged neglect or default in the execution of this Act, or any rule, bye-law, regulation, or order made under it, until the expiration of three months after a notice has been delivered or left at the municipal office or at the place of abode of such officer, servant or person, stating the cause of action, the relief sought and the name and the place of abode of the intending plaintiff and the plaint shall contain a statement that such notice has been so delivered or left.

 

(2)     Every such suit shall be instituted within six months after the date on which the cause of action arose or in a case of a continuing injury or damage, during such continuance or within six months after the ceasing thereof.

 

(3)     Where the defendant in any such suit is the Chairperson the Commissioner or a municipal officer or employee, payment of the sum or any part of any sum, payable by him in, or in consequence of, the suit whether in respect of costs, charges, expenses, compensation, for damages or otherwise, shall be met from the municipal fund.

Section 370 - Provisions respecting institution etc., of civil and criminal actions and obtaining of legal advice

[264][The Commissioner may, [ - - - ][265]

(i)       take, or withdraw from proceedings against any person who commits?

 

(i)       any offence against this Act, the rules, bye-laws or regulations;

 

(ii)      any offence which affects or is likely to affect any property or interest of the council or the due administration of this Act;

 

(iii)     any nuisance whatsoever;

 

(ii)      compound any offence against this Act, the rules bye-laws or regulations which has been specified as compoundable in Schedule VI;

 

(iii)     take, withdraw from or compromise proceedings for the recovery of expenses or compensation claimed to be due to the council;

 

(iv)    withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person;

 

(v)      defend any suit or other legal proceedings brought against the council or against any municipal authority, officer or employee, in respect of anything done or omitted to be done as aforesaid;

[266][- - -]

(vi)    compromise any claim, suit or legal proceedings brought against the council or against any municipal authority, officer or employee, in respect of anything, done or omitted to be done as aforesaid;

 

(vii)   institute and prosecute any suit or withdraw from or compromise any suit or claim, which has been instituted or made in the name of the council or any other municipal authority [267][officer or employee];

 

(viii)  obtain such legal advice and assistance [268][as he may], from time to time, think it necessary or expedient to obtain, or [269][as he may] be desired by the council to obtain, for any of the purposes mentioned in the foregoing clauses of this section or for securing the lawful exercise or discharge of any power or duty vesting in or imposed upon, any municipal authority or officer or employee.

Section 371 - Power of election authority to defend himself, if sued

The election authority may defend himself, if sued or joined as party in any proceeding relating to the preparation or publication of electoral rolls to the conduct of elections, as the case may be, and the expenses incurred by the election authority in so doing shall be payable from the municipal fund.

Section 372 - Injunctions not to be granted in election proceedings

Notwithstanding anything in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), or in any other law for the time being in force, no Court shall grant any temporary injunction or make any interim order restraining any proceeding which is being or about to be taken under this Act, for the preparation or publication of electoral rolls or for the conduct of any elections.

Section 373 - Indemnity to the Government, Collector, Revenue Divisional Officer, Municipal Authorities, Officers and Agents

No suit shall be maintainable against the Government, the District Collector, the Revenue Divisional Officer or any Chairperson, municipal authority, officer or employee or any person acting under the direction of any Chairperson municipal authority, officer or employee, or of a Magistrate, in respect of anything done in good faith under this Act or any rule, bye-law, regulation or order made under it.

Section 374 - Liability for loss, waste or misapplication

(1)     The Chairperson, [270][every member, the Commissioner, the Municipal Health Officer, the Municipal Engineer, the Education Officer, [271][the Town Planning Officer] and the bill collector or other employee of the council, entrusted with the collection of sums due to the council under this Act], shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in the council, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct and a suit for compensation may be instituted against him by the council with the previous sanction of the Government or by the Government.

 

(2)     No such suit shall be instituted after three years after the accrual of the cause of action.

Section 375 - Sanction for prosecution of Chairperson, Council Commissioner or Municipal Health Officer or any other officer

When the Chairperson [272][ - - - ] any member, the [273][Commissioner] or Municipal Health Officer or any other officer is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction of the Government.

Section 376 - Assessments etc., not to be questioned

(1)     No assessment or demand made, and no charge imposed under the authority of this Act shall be questioned or affected by reason of any clerical error or by reason of any mistake (a) in respect of the name, residence, place of business or occupation of any person or (b) in the description of any property or thing, or (c) in respect of the amount assessed, demanded or charged, provided that the provisions of this Act have been in substance and effect, complied with; and no proceedings under this Act shall, merely for defect in form, be quashed or set aside by any Court:

Provided that the person or property so assessed or charged is reasonably ascertainable.

(2)     No suit shall be brought in any Court to recover any sum of money collected under the authority of this Act or to recover damages on account of any assessment or collection of money made under the said authority:

Provided that the provisions of this Act have been, in effect, complied with.

(3)     No distraint or sale under this Act shall be deemed unlawful, nor shall any person making the same be deemed a tresspasser, on account of any error, defect or want of form in the bill, notice, Schedule, form, summons, notice of demand warrant of distraint, inventory, or other proceeding relating thereto, if the provisions of this Act, the rules and bye-laws have in substance and effect been complied with:

Provided that every person aggrieved by any irregularity may recover compensation for any special damage sustained by him.

[274][(4) Notwithstanding anything contained in sub-sections (1), (2) and (3), no suit shall be entertained by any Court of law unless the assessee pays fifty percent of the tax levied and demanded.]

Section 377 - Injunctions not to be granted in respect of revision or amendment of assessment books

Notwithstanding anything in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) or in any other law for the time being in force, no Court shall grant any interim or temporary injunction or make any interim orders restraining any proceeding which is being or about to be taken under Rule 8 in Schedule II to this Act, for the revision or amendment of the assessment books or restraining such revision or amendment from taking effect.

Section 378 - Duties of Police Officers

(1)     It shall be the duty of every police officer?

 

(a)      to communicate without delay to the proper municipal officer any information which he receives of the design to commit or of the commission of any offence under this Act or any rule, bye-law or regulation made under it, and

 

(b)      to assist the Chairperson, the Commissioner or any municipal officer or employee reasonably demanding his aid for the lawful exercise of any power vesting in the Chairman or the Commissioner or in such municipal officer or employees under this Act, or any such rule, bye-law or regulation.

 

(2)     Any police officer who omits or refuses to perform any duty imposed on him by this Act shall be deemed to have committed an offence under the law governing the police force for the time being in force.

Section 379 - Power of Police Officers to arrest persons

(1)     If any police officer sees any person committing an offence against any of the provisions of this Act or of any rule or bye-law made under it, he shall, if the name and address of such person are unknown to him, and if the said person on demand declines to give his name and address, or gives a name and address which such officer has reason to believe to be false, arrest such person.

 

(2)     No person arrested under Sub-section (1) shall be detained in custody?

 

(a)      after his true name and address are ascertained, or

 

(b)      without the order of a Magistrate for any longer time, not exceeding twenty-four hours from the hour of arrest than is necessary for bringing him before a Magistrate.

Section 380 - Excise of powers of Police Officer by Municipal Officers or Employees

The Government may empower any Municipal Officer or employee or any class of Municipal Officers or employees to exercise the powers of police officer for the purposes of this Act and of the Andhra Pradesh Towns Nuisances Act, 1889 (Act III of 1889).

Section 381 - Application of term 'Public Servant' to Municipal Officers, Agents and sub-agents

Every municipal officer or employee, every contractor or agent for the collection of any municipal tax, fee or other sum due to the council and every person employed by any such contractor or agent for the collection of such tax, fee or sum shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.

Section 382 - Prohibition against obstruction of Municipal authorities, employees and contractors

No person shall obstruct or molest the council, [275][ - - - ], the Chairperson, any member, the Commissioner or any other Municipal officer or employee or any person employed by the council or any person with whom a contract has been entered into on behalf of the council, in the performance of their duty or of anything which they are empowered or required to do by virtue or in consequence of this Act or of any bye-law, rule, regulation or order made under it.

Section 383 - Prohibition against removal of mark

No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or by any bye-law, rule or order made under it.

Section 384 - Prohibition against removal or obliteration of notice

No person shall, without authority in that behalf, remove, destroy, deface or otherwise obliterate, any notice exhibited by, or under the orders of the council or the Commissioner or other officer authorised by him in this behalf.

Section 385 - Prohibition against unauthorised dealings with public place or materials

No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment from, in, or on, any land vested in the council, or river, estuary, canal backwater or water course, not being private property or in any way obstruct the same.

Section 386 - Oath of allegiance to be taken by [Chairperson or] members

(1)     [276][Every person who is elected to be a Chairperson or member] shall, before taking his seat, make at a meeting of the council an oath or affirmation of his allegiance to the Constitution of India in the following form, namely.--

"I.............................. having become a "Chairperson/ member" of the Municipal Council in the name of God, solemnly affirm, that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter".

(2)     Any such Chairperson or member who falls to make, within three months of the date on which his term of office commences or at one of the first three meetings held after the said date, whichever is later, the oath or affirmation laid down in sub-section (1), shall cease to hold his office and his seat shall be deemed to have become vacant.

 

(3)     No such Chairperson or member shall take his seat at a meeting of the council or do any act as such member, unless he has made the oath or affirmation as laid down in this section.

 

(4)     Where a person ceases to hold office under sub-section (2) the Commissioner shall report the same to the council at its next meeting and on application of such person made within thirty days of the date on which he has ceased to be a member under that Sub-section the council may grant him further time which shall not be less than three months for making the oath or affirmation and if he makes the oath or affirmation within the time so granted, he shall, notwithstanding anything in the foregoing sub-sections, continue to hold his office.

Section 387 - Delegation of powers by the Government

(1)     The Government may, by notification in the Andhra Pradesh Gazette, delegate to any person or authority all or any of the powers vested in them by this Act except the power to make rules and may, in like manner, withdraw any powers so delegated.

 

(2)     The exercise of any powers delegated under Sub-section (1) shall be subject to such restrictions and conditions as may be prescribed or as may be specified in the notification and also to control and revision by the Government.

Section 387A - Power to give directions

[277][The Government may from time to time give such directions not inconsistent with the provisions of the Act or the rules made thereunder to the Municipalities as it may consider necessary for carrying out the purposes of this Act.]

Section 388 - Adjudication of disputes between local authorities

(1)     When a dispute exists between a council and one or more than one local authorities in regard to any matters arising under the provisions of this Act or any other enactment and the Government are of opinion that the local authorities concerned are unable to settle it amicably among themselves, the Government may take cognizance of the dispute; and

 

(a)      decide it themselves, or

 

(b)      refer it for inquiry and report to an arbitrator or a board of arbitrators.

 

(2)     The report referred to in Clause (b) of sub-section (1) shall be submitted to the Government who shall decide the dispute in such manner as they deem fit.

 

(3)     Any decision given under Clause (a) of sub-section (1) or under sub-section (2), may at the instance, whether before or after the commencement of this Act, of the local authorities concerned, be modified from time to time by the Government in such manner as they deem fit, and any such decision with the modifications, if any, made therein under this sub-section, may, at the instance of such local authorities be cancelled at any time by the Government. Any such decision or any modification therein or cancellation thereof, shall be binding on each of the local authorities concerned and shall not be liable to be questioned in any court of law.

Section 389 - Act to be read subject to Schedule IX in regard to first reconstitution of councils, etc.

In regard to the first constitution of a council for any local area under Section 3, or to the first reconstitution in accordance with the provisions of this Act, of a council in existence at the commencement thereof, and otherwise in first giving effect to the provisions of this Act, this Act shall be read subject, to the rules in Schedule IX.

Section 389A - Notified Areas

[278][(1)      (a) The Government may by notification in the Andhra Pradesh Gazette, declare any local area to be a notified area, for the purpose of application of all or any of the provisions of this Act in the said notified area.

(b) ??Where any local area is declared as a notified area, the Government may pass such orders as they may deem fit, as to exclude the local area from the jurisdiction of the local authority concerned, as to the disposal of any part of the property vested in such local authority and as to the discharge of the liabilities of such local authority relating to the said property, or arising from such local area.

(2)? ?The Government may, by notification in the Andhra Pradesh Gazette,--

(a)      apply or adopt to a notified area or any part thereof, any provision of this Act or of any rule or bye-law made thereunder.

 

(b)      impose in a notified area or any part thereof,--

 

(i)       any tax, which might be imposed by the council under the provisions of this Act if; the notified area were a municipality;

 

(ii)      where it is a mining area, a tax on mineral rights, subject to any limitations which may be imposed by Parliament by law relating to mineral development and the rules made thereunder, and subject to such rules as may be prescribed in this behalf;

 

(c)      appoint a committee for the purposes of?

 

(i)       the assessment and recovery of any tax imposed under clause (b);

 

(ii)      arranging the due expenditure of the proceeds of such taxes;

 

(iii)     the preparation and maintenance of proper accounts; and

 

(iv)    generally enforcing the provisions of this Act or any rule or bye-law applied or adopted under clause (a);

 

(d)      provided for?

 

(i)       the total number of members of the committee, which shall not be less than seven but not more than fifteen, to be nominated by the Government of whom?

 

(A)      not less than two but not more than four shall be officials;

 

(B)      not less than two but not more than four shall be persons representing the mining or industrial managements within the notified area;

 

(C)      not less than two but not more than four shall be persons representing the employees of such managements; and

 

(D)     not more than three shall be other persons residing within the notified area;

 

(ii)      the persons who shall be the Chairperson and Vice-Chairperson of the committee, or the manner in which they shall be chosen, from among the members of the committee;

 

(iii)     the term of office of the members of the committee; and

 

(iv)    the restrictions and conditions subject to which the committee may perform its functions.

(3) ??The proceeds of any tax imposed in a notified area under this section shall be expended in the same manner in which the municipal fund might be expended under the provisions of this Act, if the notified area were a municipality.

(4)? ?For the purpose of any provisions of this Act, which may be applied or adopted to a notified area the committee appointed for such area shall be deemed to be a council under this Act and the area shall be deemed to be a municipality.

(5)? ?The Government may, at any time, modify or cancel any notification issued under this section.

(6) ??Where by reason of the cancellation under Sub-section (5) of any notification issued under this section, any area ceases to be a notified area, the Government may pass such orders as they may deem fit, as to the transfer of the assets of the committee of such area, as to the discharge of the liabilities, if any, of such committee and as to the manner in which the expended funds shall be applied.

Section 389B - Power to transfer functions of Municipalities to Andhra Pradesh Industrial Infrastructure Corporation

[279][Notwithstanding anything contained in this Act, or in any other law for the time being in force relating to the Municipalities or the notified area Committees, the Government may, in consultation with any Municipality or the notified area Committee, as the case may be, and also the Andhra Pradesh Industrial Infrastructure Corporation, by notification in the Andhra Pradesh Gazette, and subject to such restrictions and conditions including those relating to the remittance of such percentage of the property tax to a Municipality ro toa notified area Committee and to such control and revision as may be specified therein direct that any power or function vested in the Municipality or the notified area Committee by or under this Act shall be transferred to an exercised and performed by the Andhra Pradesh Industrial Infrastructure Corporation.]

Section 390 - Amendment of Andhra Pradesh (Telangana Area) Mining Settlements Act, 1956

After Section 60 of the Andhra Pradesh (Telangana Area) Mining Settlements Act, 1956, Act XLIV of 1956, the following section shall be inserted, namely.--

"60A. Extension of provisions of lam relating to municipalities or of rules thereunder.--

(1)     The Government may, at the request of the Board or otherwise by notification declare that any of the provisions of the Andhra Pradesh Municipalities Act, 1965, or of any rule made thereunder Including those relating to taxation shall be extended to and be in force in the Mining Settlement or any specified area therein.

 

(2)     The provisions so notified shall be construed with, such alterations not affecting the substance as may be necessary or proper for the purpose of adopting them to the Mining Settlement or any special area therein.

 

(3)     Without prejudice to the generality of the foregoing provision, all references to a council or Chairperson thereof shall be construed as references to Board, or Chairperson thereof, all references to any officer or employee of a council as reference to the corresponding officer or employee of Board and all references to Municipal limit as references to the limits of the Mining Settlement or the specified area therein, as the case may be."

Section 391 - Repeal of Andhra Pradesh (Andhra Area) District Municipalities Act, 1920 and Andhra Pradesh (Telangana Area) District Municipalities Act, 1956

(1)     The Andhra Pradesh (Andhra Area) District Municipalities Act, 1920 (Act V of 1920) is hereby repealed.

 

(2)     On and from the commencement of this Act, except [280][Chapter XIV, the other provisions of the Andhra Pradesh (Telangana Area) District Municipalities Act, 1956 (Act XVIII of 1956) are hereby repealed.

 

(3)     The provisions of the Government Buildings Act, 1899, (Central Act 4 of 1899) shall cease to apply to buildings within the limits of municipalities constituted or deemed to be constituted under this Act.

 

(4)     The provisions of Sections 89, 90 and 94 of the Andhra Pradesh (Andhra Area) Public Health Act, 1939, shall cease to apply to municipalities.

Schedule - SCHEDULE I

SCHEDULES

SCHEDULE I

Rules Regarding Proceedings of the Council

(Section 32)

Mode of transacting business

1.        The council shall provide an office and shall meet therein for the transaction of business at least once in every month, upon such days and at such times as it may fix and also at other times as often as a meeting is called by the Chairperson: Provided that [281]"no meeting except a meeting referred to in clause (a) of Sub-section (1) of Section 20 and Sub-section (3) of Section 23 of the Act" shall be held on public holiday.

Explanation.--

For the purposes of these rules, the expression 'public holiday' includes Sundays and any other day declared by the Government, by notification in the Andhra Pradesh Gazette, to be a public holiday.

2.        ?(1) No meeting shall be held unless notice of the day and time when the meeting is to be held and of the business to be transacted thereat has been given at least three clear days before the day of the meeting. (2) In cases of urgency, the Chairperson may convene a meeting on giving shorter notice than that specified in Sub-rule (1).

It is manifest that the meeting of the Council on the same day wherein some of the Councillors gathered and elected one of them as temporary Chairman and consequently accepted the resignation tendered, cannot be held as a next meeting considered from the point of view of Rule 2, so as to validate the action of acceptance.

Rule 2(1) makes it plain that no meeting shall be held unless a notice of the date and time when the meeting is to be held and of the business to be transacted thereat has been given atleast three clear days before the date of the meeting. The provisions of Rule (2)(1) must mandatorily be followed.

In this case, admittedly no fresh notice has been given. The consent of some of the Councillors cannot furnish a ground for convening a meeting after the closure of the first meeting, because any next meeting must be the meeting of the Council comprising all the members to whom notice must be sent. Since the resignations have not been properly and legally accepted, any notice issued for convening a meeting for electing a new Chairman cannot be held to be a valid one. B. Sreenivasulu & others vs. District Collector & others2.

Rule 2, clearly provides that not only notice of the day and time of the meeting, but also notice of the business to be transacted at the said meeting should be given atleast three clear days before the day of the meeting. The agenda shall be prepared by the Secretary in consultation with the Chairman and the Secretary may include in the agenda any subject which, in his opinion, should be considered by the Council and he shall also include any subjects specified by the Chairman. But in the instant case, the

2. ???1983(1) ALT 47 (NRC).

agenda mentioned in the notice given on 3rd January, 1972, does not include the subject of the closure of the dispensary, nor is there any material placed before me to show that this subject was directed by the Secretary in consultation with the Chairman or by the Chairman himself to be included in the agenda. Therefore the subject of the closure of the dispensary could not at all have been considered by the Municipal Council at the meeting held on 7th January, 1972.

As the Municipal Council levies and collects various rates, taxes and cesses from the rate-payers, a statutory duty is cast on the Municipal Council to provide at least a hospital or a dispensary and give free medical aid to them. It is not open to the Municipality to disown this responsibility on the ground that the financial condition of the Municipality is stringent. If the Municipality finds that there are not sufficient finances, it should cut down the other expenditure which is not obligatory and incur only the expenditure for the objects which are made obligatory by the statute. The Municipal Council incurs some expenditure on the objects which are not obligatory and it does not carry on the objects which are made obligatory by the statutes, it amounts to a wrongful diversion of the Municipal funds and the Municipal Council can be compelled by the rate payers to perform its obligatory dutes.

It is not stated in the order of the Government that sufficient provision has otherwise been made for the treatment of the sick and poor. In the absence of such a sufficient medical and health provision being made, for the treatment of the sick and poor, the Government has no power to accord its approval for the closure of the only dispensary which the Municipal Council is statutorily bound to maintain. The order of the Government in G.O. No. 1554 Health, dated 6th October, 1972, is clearly ultra vires of its powers.

Further the second proviso to Rule 46(1) may only apply to a hospital or dispensary which the Municipal Council may provide and maintain in addition to the hospital or dispensary which it is bound to maintain as per the provisions of Rule 46(1)(a) and it is also doubtful whether the Government can accord its sanction for the closure of the Municipal dispensary when it is obligatory on the part of the Council to maintain the dispensary under the said Rule 46(1)(a)[282].

(3) ???The agenda for the meeting shall be prepared by the Commissioner in consultation with the Chairperson. The Commissioner may include in the agenda any subject which in his opinion should be considered by the council and shall include therein any subject specified by the Chairperson. On any subject included in the agenda the Chairperson as well as the Commissioner shall have the right of recording his views in a note and such note shall be circulated to the members or placed before the council before or at the time of the consideration of such subject by the council.

3.      (1) The Chairperson shall, on the requisition in writing of not less than one-third of the members than on the council, convene a meeting of the council provided that the requisition specifies the day, other than a public holiday, the time and the purpose for which the meeting is to be held. The requisition shall be delivered at the Municipal office during office hours, to the Chairperson, Commissioner, Manager or any other person who may then be in charge of the office, at least ten clear days before the day of the meeting.

(2) ??Where the Chairperson falls within forty-eight hours from the delivery of such requisition to call a meeting, on the day specified therein, or within three days from such day, the meeting may be called by the councillors who signed the requisition on giving the notice provided for in the sub-rule (1) of Rule (2) to the other councillors.

4. [283][- - - ]

5.???  All questions which may come before the council at any meeting shall be decided by a majority of the members present and voting at the meeting and, in every case of equality of votes, the presiding member shall have and exercise a second or casting vote.

So far as the fresh subject of acceptance of the resignation of the Chairperson and Vice Chairperson was concerned, no agenda was circulated and no notice was given in accordance with Rule 2 of the said Rules that least 9 out of 36 Councillors. It is, therefore, a case of total want of notice to the Councillors who were present at the next meeting[284].

General.--

Though the presence of the public at such meetings may be desirable, it is not obligatory. The presence at or absence from such a meeting of the members of the public has no legal consequence so far as the validity of the meeting and of election of the President is concerned[285].

6. ??? No business shall be transacted at a meeting unless there be present at least six members and if the number of members then on the council exceeds sixteen, at least one third of that number.

7. ??? If within half an hour after the time appointed for a meeting a quorum is not present, the meeting shall stand adjourned, unless all the members present agree to wait longer.

8. ??? No resolution of the council shall be modified or cancelled within three months after the passing thereof except at a meeting specially convened in that behalf and by a resolution of the council supported by not less than one-half of the number of members than on the council.

9. ??? Minutes of the proceedings at each meeting of the council shall be drawn up and entered in a book to be kept for that purpose; and shall be signed by the presiding member; and the said minutes shall, at all reasonable times and without charge, be open at the municipal office to the inspection of any person who pays any tax under this Act in the municipality.

10. ? Within three days of the date of the meeting, a copy of the minutes of the proceedings at such meeting in English and in the main language of the district, shall be forwarded by the Commissioner, to the Collector of the district and another copy to the Regional Director of Municipal Administration of the region in which the municipality is situated. An authenticated copy of the said minutes shall also be affixed to the notice board of the municipal office and relevant extracts of the said minutes shall be sent to the heads of departments of the Government and to the superintending officers appointed under Sub-section (1) of Section 63 for information and necessary action. The Chairperson shall immediately submit to the Collector and to the Regional Director a copy of any minute of dissent that may be forward to him within forty-eight hours of the meeting by any member.

[286][When a member gives a dissent note the Chairperson shall incorporate the same, in the Minutes Book. If the Chairperson fails to record the dissent note given by any member in the Minutes Book, the Commissioner shall record the same and intimate the member, who gave the dissent note).

11. ??The Commissioner shall have the custody of the proceedings and records of the council and may grant copies of any such proceedings and records on payment of such fees as the council may, by general or special order, determine. Copies shall be certified by the Commissioner as provided in Section 76 of the Indian Evidence Act, 1872 and copies so certified may be used to prove the records of the council in the same manner as they may, under sub-section (5) of Section 78 of the said Act, be used to prove the proceedings of that body.

12. ??The Chairperson elected by the council under Section 28 shall meet in the office provided by the council under Rule 1.

13. ??The proceedings of every Chairperson elected by the council shall be recorded in writing and submitted to the council.

Schedule - SCHEDULE I

I

SCHEDULE II

Taxation and Finance Rules

PART I

Taxation Rules

(Section 130)

Definition of Tax

1. ??? In these rules, 'tax' includes payment due by way of composition for a tax.

Provisions common to taxes in general

2.     (1) The Commissioner shall prepare and keep assessment books in such form as may be prescribed showing the persons and property liable to taxation under this Act.

(2) ??The assessment books and where detailed particulars relating to any assessment are kept in separate records, the portion thereof containing such particulars shall be open, at all reasonable times and free of charge, to inspection by any person who pays any tax to the municipality or his authorized agent and such person or agent shall be entitled to take extracts free of charge from the said books and records.

(3) ??The Account books of the municipality shall be open, free of charge, to inspection by any person who pays any tax to the municipality or his authorised agent on a day or days in each month to be fixed by the council.

3. ??? The Commissioner shall, save as otherwise provided in this Act, determine the tax to which each property or person is liable:

Provided that, in the case of taxes payable by the Commissioner the original assessment shall be made by the Revenue Divisional Officer in whose jurisdiction the Municipality is situated.

4.         (1) If at any time it appears to the council that any person or property has been inadequacy assessed or inadvertently or improperly omitted from the assessment books relating to any tax, or that there is any clerical or arithmetical error in the said books, it may direct the Commissioner to amend the said books in such manner as it deems just or necessary:

Provided that no such direction shall be given where it involves an increase in the assessment unless the person affected shall have been afforded an opportunity to show cause to the council why the assessment books should not be amended as proposed.

(2) ???Such amendment shall be deemed to have taken effect on the earliest date, either in the [287][current half year] or l [in the two half years] immediately preceding it, on which the circumstances justifying the amendment existed.

5.       (1) The Commissioner shall give to every person making payment of a tax a receipt therefore signed by him or by some person duly authorised by him in that behalf.

(2) ??Such receipt shall specify-

(a)      the date of the issue thereof;

 

(b)      the name of the person to whom it is issued:

 

(c)      the category of tax in respect of which the payment has been made;

 

(d)      the period for which payment has been made; and

 

(e)      the amount paid.

Assessment of the Property Tax

6. ?? The value of any land or building for purposes of the property tax shall be determined by the Commissioner after giving an opportunity of making a representation to the owner of the land or building :

Provided that the value of any land or building the tax for which is payable by the Commissioner, shall be determined by the Revenue Divisional Officer in whose jurisdiction the municipality is situated.

7. ?? The Commissioner shall enter the capital value or the annual rental value as the case may be, of all lands and buildings determined by him and the tax payable thereon in assessment books to be kept for the purpose at the municipal office. Such books shall record the following particulars in so far as they can be ascertained, with regard to each assessable item:-

(a)      the name of the owner;

 

(b)      the name of the occupier;

 

(c)      the designation, if any, of the item;

 

(d)      the name of the ward and street. if any, in which it is situated, and any survey or other number which it bears:

 

(e)      the capital or annual rental value: and

 

(f)       the amount of the tax payable.

8.         (1) The assessment books shall be completely revised by the Commissioner once in every five years and also at any time between one complete revision and another if the Government, so directs:

Provided that the Government, by notification in the Andhra Pradesh Gazette, in the case of any specified municipality, advance or postpone the date from which or fix the intervals at which, such complete revision of assessment books shall be effected.

(2) ??The Commissioner may amended the assessment books at any time between one general revision and another by inserting therein, removing there from any property or by altering the valuation of any property or the amount of tax, or subject to any rules which the Government may make in this behalf, by substituting therein for the name of the owner of any property the name of any other person who has succeeded by transfer or otherwise to the ownership of the property. Such amendment shall be deemed to have taken effect on the first day of [288][the half year] in which it is made:

Provided that when, the amendment is made in any half year after the demand notice for that [289][half year] has been issued, it shall have effect only from the succeeding [290][half-year]:

Provided further that the decision of the Commissioner in any disputed case of transfer of ownership of a property shall not give the transferee a legal title to the property.

9.       (1) Notwithstanding anything in Rule 8, valuation officers shall be appointed by the Government in the case of any Municipality notified by the Government. The valuation officers shall exercise the powers, discharge the duties and perform the functions, of the Commissioner under these rules in so far as they relate to the complete revision of the assessment books under Rule. 8. On the issue of such a notification, for the term "Commissioner", wherever it occurs in these rules in so far as they relate to such complete revision and the hearing of revision petitions filed in connection therewith, the term "Valuation Officer" shall be deemed to have been substituted.

(2)     (a) The Government shall appoint the Valuation Officers and sanction to them such establishment as the Government may deem necessary, for the purpose of enabling the said officers to carry out their duties.

(b) ??The Government shall pay out of the Consolidated Fund of the State, the salaries, allowances, leave allowances, cost of training, pension and contributions, if any, towards the provident or provident-cum-pension fund of the Valuation Officers and their establishment.

(c) ??The Government shall recover from the council concerned the whole or such proportion of-

(i)       the salary and allowances paid to the valuation officers and to their establishment and such contribution towards the leave salary and allowances pensions or provident or provident-cum-pension fund of the valuation officers and of their establishment; and

 

(ii)      the cost of training the valuation officers and their establishment as the Government may, by general or special order, determine.

(3) ??The Commissioner shall, subject to the provisions of Rule 26, maintain the assessment books relating to the property tax in accordance with the valuation fixed by the valuation officer.

(4) ??The Commissioner shall, when so requested by the valuation officers, make available to the valuation officers such staff as may be necessary for the exercise of the powers, discharge of the duties and performance of the functions of the valuation officers.

(5) ??The classification, methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the valuation officers and the members of their establishment, shall be regulated under Article 309 of the Constitution.

10.     (1) When assessment books have been prepared for the first time and whenever a general revision of such books has been completed, the Commissioner shall give public notice stating that revision petitions will be considered, if they reach the municipal office within the period of sixty days from the date of such notice in the case of the Government or a railway administration or a company and of, thirty days from the said date in other cases. The notice shall be affixed to the notice board of the municipal office and on the same day be published in the municipality by beat of drum:

Provided that in every case where there is an enhancement in the assessment, the Commissioner shall also cause intimation thereof to be given by a special notice to be served on the owner or occupier of the property concerned:

Provided further that, in every case where a special notice is required to be served on the owner or occupier under the first proviso, the period of sixty days and thirty days referred to in this rule shall be calculated from the date of service of such special notice.

(2)? ?Before the public notice under sub-rule (1) is given, it shall be open to the Director, the Deputy Director or the Regional Director, of Municipal Administration to make a test check of the assessments made by the Commissioner. On the completion of the test check, such officer may give to the Commissioner such directions, as it deems fit, in regard to the correction of assessments and the Commissioner shall carry out the directions before the public notice is given.

11. ? In every case which between one general revision and another, the Commissioner assesses any property for the first time or increases the assessment on any property otherwise than in consequence of a general enhancement of the rate at which the property tax is livable, the Commissioner shall intimate by a special notice to the owner or occupier of such property that a petition for revising the assessment will be considered if it reaches the municipal office within sixty days from the date of service of such notice in the case of the Government or a railway administration or a company, and within thirty days from the date in other cases.

12.?? Any person may, at any time not being less than thirty days before the end of a 2[half-year] move the Commissioner by revision petition to reduce the tax to which he is liable for the forthcoming [291][half-year] on the ground that the capital value or the annual rental value of the property in respect of which the tax is imposed has decreased, since the assessment of the property was last made or revised.

13.?  No petition under Rule 10, Rule 11 or Rule 12 shall be disposed of unless the petitioner has been given an opportunity to appear either in person or by an authorised agent and to represent his case.

14. ? Immediately after the disposal of a revision petition, the Commissioner shall inform the petitioner or his authorised agent, in writing, of the orders passed, thereon, shall direct him to pay the amount fixed on revision within fifteen days after the date of receipt of such intimation, or if the amount is not yet due, within fifteen days from the date on which it becomes due, and shall, if necessary, cause the assessment book to be corrected.

15.      (1) On the constitution of a new municipality, assessment shall have effect from the date specified in the notification under Section 83. 

(2) ??A general revision shall be deemed to have taken effect on the first day of the [292][half-year] following that in which the notice under Rule 10 is published, or, in a case where a special notice is required to be served on the owner or occupier of the property under the first proviso in that rule, on the first day of the [293][half-year] following that in which such special notice is served on the owner or occupier of the property.

(3) ??Any corrections in the assessment books made by the Commissioner under Rule 14 or Rule 26 shall be deemed to have effect on the first day of the [294][half-year] to which the assessment which was sought to be revised or which was appealed against, relates.

Examination:-The levy of a new class of property tax or an enhancement in the rate at which any class of property tax is livable is no amendment or revision within the meaning of this rule and shall have effect from the date fixed for the levy or enhancement.

16. ? The first payment of tax shall, save as provided in Rule 14 be made within thirty days of the date or day specified in Rule 15.

[Rules 17 to 20 omitted by Sch. II of A.P. Act 22 of 1987.]

MAXIMUM RATES OF TAX ON CARRIAGE AND CARTS AND OF TAX ON ANIMALS

(Sections 103 & 113)

21. ? (1) The tax on carriages and carts and the tax on animals shall be levied at rates not exceeding the following:-

Note:- 2 & 3. It is doubtful whether this tax can be levied in view of Sec. 107 (e) and (g) because of exemption.

(2) ??If within the year, a person replaces any carriage or animal by another carriage or animal falling under the same class in the table given in sub-rule (1), the said person, in case the replacement was due to the destruction of the carriage or the death of the animal and if he had possession custody or control of the carriage or animal so replaced at the time of its destruction or death, shall not be liable to more than one payment of tax and the amount of such payment shall be regulated by the aggregate number of days for which the carriage which has been destroyed or the animal which has died and the carriage or animal replacing such carriage or animal have been kept during the year.

Appeals

22.    (1) An appeal shall lie to an appellate Commissioner, appointed by the Government for the purpose (hereafter in these rules referred to as the appellate commissioner) in respect of the assessments and imposition of the following taxes and no others:-

(a)      assessments made by the Revenue Divisional Officer under Rule 3;

 

(b)      the order of the Commissioner or the valuation officer under Rule 14 upon a revision petition;

 

(c)      [Omitted by A.P. Act 22 of 1987.]

 

(d)      the imposition by the Commissioner of any Tax on any carriage or cart or animal.

(2) ??The appellate Commissioner shall dispose of the appeals in consolation with the chairman of the municipality concerned.

23. ? The council may, of its own motion or otherwise, cancel or modify any order passed by Commissioner reducing or remitting a tax, after giving an opportunity of making a representation to the person effected.

24. ? An appeal shall be made in writing and shall set forth concisely and under distinct heads the grounds of objection to the decision or other proceedings appealed against.

25. ? No appeal to the appellate Commissioner shall be heard-

(a)      unless it reaches the municipal office-

[(i) ??within fifteen days from the service of the notice referred to [295][in Section 109]; or

(ii) ??within fifteen days from the date on which the tax becomes payable under Section 91 or Section 103 or Section 113 or under Rule 14 or Rule 16:

Provided that the appellate Commissioner may admit an appeal within fifteen days after the time prescribed in this rule, if cause be shown to his satisfaction for not preferring it within the prescribed time ; and

(b)      unless, except when the Commissioner otherwise directs on the ground of poverty, the tax in respect of which the appeal is presented has been deposited at the municipal office within the period specified in sub-clause (i) or sub-clause (ii) of clause (a) or where an appeal is presented for admission under the proviso to the said clause, on or before the day upon which the appeal is presented.

26. ? The assessment books maintained under sub-rule (1) of Rule 2 shall be corrected in accordance with any orders passed by the council under Rule 23 or by the appellate Commissioner under Rule 22 on appeal; in the event of the amount of any tax being reduced or remitted by the council or the appellate Commissioner, as the case may be, the Commissioner shall grant a refund accordingly.

27. ? The assessment or demand of any tax when no appeal is made, as hereinafter provided, and when such an appeal is made the adjudication of the appellate Commissioner thereon, shall be final:

Provided that where any assessment or demand is not in accordance with the assessment books, nothing in this rule shall be deemed to prohibit a fresh assessment or demand of the tax being made in accordance therewith.

28.      (1) The powers of the council under [296][Section 91-A and Rule 23] shall, during any period in respect of which the Government may, by notification in the Andhra Pradesh Gazette, so direct, be exercised by a special officer appointed by them. And thereupon the council shall cease to exercise the said powers during the said period and [297][Section 90-A and Rules 23 and 27] shall have effect as if for the word 'Council' wherever it occurs in these rules, the words 'special officer as appointed by the Government in this behalf were substituted.

(2)?? ?A special officer appointed under sub-rule (1) shall have all such powers of the council as are necessary for the purpose of exercising his powers under the said sub-rule and he shall be entitled to the same protection as the council is entitled.

(3) ??The special officer shall be paid out of the municipal fund such salary and allowances as the Government may, in consultation with the council, fix. If a Government employee is appointed as special officer, the council shall also make such contribution towards the pension and leave allowances of that employee as may be required, by the conditions of his service under the Government, to be made by him or on his behalf.

Collection of taxes

(Section 130)

29. ? (1) Where any tax not being a tax in respect of which a notice has to be served under [298][ - - -] Section 109 or in respect of which a direction has to be given under Rule 14, is due from any person, the Commissioner shall serve upon such person a bill for the sum due before he proceeds to enforce the provisions of Rule 30:

[299][Provided that all notices, bills (or) Directions referred to in sub-rule (1) shall be served on all the tax payers by the end of May for the first half year and by the end of November, for the second half year.)

(2) ??A notice under [300][ - - - ] Section 109 and a bill under sub-rule (1) shall be signed by the Commissioner and shall contain-

(a)      a statement of the period and a description of the occupation property or thing for which the tax is charged; and

 

(b)      an intention of the liability to be incurred in default of payment. 

[301][(c) an intimation about charging a simple interest at the rate of 2% per men sum in case of failure to pay property tax within fifteen (15) days from the date of service of the Bill.]

(3) ???Where a notice, bill or direction referred to in sub-rule (1) has not been served or given either in the [302][year or half year] in which the tax became due or in the succeeding [year or half year], the tax for the year or half year first mentioned in this sub-rule shall not be recovered in the manner laid down in Rule 30:

Provided that where the assessment books have been amended under[303] [Section 91-A] the notice bill or direction, as the case may be, may be given either in the half year in which the amendment was made or in the succeeding half year.

(4) ???Nothing in this rule or in Rule 30 shall preclude the council from suing in a Civil Court for any tax due to it under this Act.

30.     (1) If the amount due on account of any tax is not paid within fifteen days from the service of the notice or bill or the giving of the direction referred to in Section 109 and Rules 14 and 29 and if the person from whom the tax is due has not shown cause: to the satisfaction of the Commissioner why it should not be paid, the Commissioner may recover by distrait under his warrant and sale of the movable property or the defaulter the amount: due on account of the tax together with the warrant fee and the distrait fee, and with such further sum as will satisfy the probable charges that will be incurred in connection with the detention and. sale of the property so distained:

[304][Interest due on account of delay in the payment of property tax also shall be recovered in the manner provided in this rule.]

Provided that movable property described in the proviso to Section 60 of the Code of Civil Procedure, 1908, [Central Act V of 1908], shall not be liable to distrait.

(2) ??If, for any reason the distrait, or a sufficient distrait, of the defaulter's property is impracticable, the Commissioner may prosecute the defaulter before a Magistrate.

(3)? ?The warrant under sub-rule (1) shall be in the form contained in Appendix-A to these rules or in some similar form and for each such warrant, a fee of twelve paise shall be levied.

(4) ??Under a special order in writing of the Commissioner, any officer charged with execution of a warrant of distress may, between sunrise and sunset, break open any outer or inner door or window of a building in order to make the distress, if he has reasonable ground for believing that such building contains property which is liable to seizure, and if, after notifying his authority and purpose and duly demanding admittance, he cannot otherwise obtain admittance:

Provided that such officer shall not enter or break open the door of any apartment appropriated to women, until he has given three hours notice of his intention and has given such women an opportunity to withdraw.

31.     (1) The officer charged with the execution of a warrant, shall, before making the distrait, demand payment of the tax due and the warrant fee. If the tax and fee are paid no distrait shall be made but if the tax or fee is not paid, the officer shall-

(a)      seize such movable property of the defaulter as he may think necessary;

 

(b)      make an inventory of the property seized; and

 

(c)      give to the person in possession of the property seized at the time of seizure a copy of the inventory and the notice of sale in the form in Appendix-B to these rules or in some similar form:

Provided that the period of seven days shall be allowed for paying the amounts due and redeeming the property seized.

(2) ??The distress shall not be excessive, that is to say, the property distained shall be as nearly as possible equal in value to the tax due by the defaulter together with all expenses incidental to the warrant, distrait, detention and sale.

32. ? (1) While the amount due by the defaulter on account of the tax, [305][including simple interest, if any] the warrant fee and distrait fee and the expenses incidental to the detention of the property are not paid within the period of seven days mentioned in the notice given under Rule 31, and if the distrait warrant is not suspended by the Commissioner, the property seized or a sufficient portion thereof, shall be sold by public auction under the order of the Commissioner who shall apply the proceeds of the sale to the payment of the amount due on account of the tax, the warrant fee and the distrait fee and the expenses incidental to the detention and sale of the property, and shall return to the person in whose possession the property was at the time of seizure, any property or sum which may remain after the sale and the application of the proceeds thereof as aforesaid. If the proceeds of the sale are insufficient for the payment of the amount due on account of the tax, the warrant fee and distrait fee and the expenses incidental to the detention and sale of the property, the Commissioner may again proceed under Rule 30 in respect of the sum remaining unpaid.

(2) ??Where the property seized is subject to speedy and natural decay the Commissioner may sell it at any time before the expiry of the said period of seven days unless the amount due is sooner paid.

(3)? ?The Commissioner shall consider any objections to the distrait of any property which are made within the said period of seven days and may postpone the sale pending investigation thereof. If the Commissioner decides that the property attached was not liable to distrait, he shall return it, or, if it has already been sold, the proceeds of the sale to the person appearing to be entitled thereto and may again proceed under Rule 30 ; and all fees and expenses connected with first distrait and sale shall be recoverable from the defaulter, if it shall appear to the Commissioner that he willfully permitted the distrait of the property when to his knowledge it was not liable to distrait.

33.     (1) Distrait fees shall be payable at such rates not exceeding those mentioned in Appendix-C to these rules as may be, from time to time, determined by the council.

(2) ??Such fees shall not be held to include the expenses incidental to the detention of any property distained under this Act.

34. ? The property of a person in default under sub-rule (1) of Rule 30 may be distained wherever it may be found within the municipality.

35. ? Where the tax due on account of any building or land [306][including simple interest, if any] remains unpaid in whole or in part at the end of the period specified in sub-rule (1) of Rule 30, the Commissioner may, if the said tax has not remained unpaid for more than twelve months, require the occupier for the time being of such building or land to pay the amount within a specified period not being less than fifteen days and if the occupier fails to comply with such requisition the Commissioner may detrain and sell any movable property found on the building or land and the provisions of the foregoing rules shall, with the necessary modifications apply to all distrait and sales effected under this rule provided no occupier shall be liable to prosecution or to a civil suit is respect of any sum recoverable from him under this rule, unless he has willfully prevented distrait.

36. ? If any tax [307][including simple interest] due from any person remains unpaid in whole or in part at the end of the period specified in sub-rule (1) or Rule 30 and if such person has left India or cannot be found, the said tax or such part thereof as remains unpaid, together with all sums payable in connection therewith, shall be recoverable as if it were an arrear of land revenue.

37.    (1) Every person who is prosecuted under sub-rule (2) of Rule 30 shall be liable on proof to the satisfaction of the Magistrate that he willfully omitted to pay the amount due by him or that he willfully prevented distrait, to pay a fine not exceeding twice the amount which may be due by him on account of-

(a)      the tax [308][including simple interest] and the warrant fee, if any, and

 

(b)      if distrait has taken place, the distrait fee and expenses incidental to the detention and sale, if any, of the property distained.

(2) ??Whenever any person is convicted of an offence under sub-rule (1) the Magistrate shall, in addition to any fine which may be imposed recover summarily and pay over to the council the amounts if any, due under the heads specified in Clause (a) and (b) of sub-rule (1); and may, in his discretion also recover summarily and pay to the council such amount, if any, as he may fix as the costs of the prosecution.

38. ? Neither the Commissioner nor any municipal officer or employee shall directly or indirectly purchase any property at any sale of distained property held under the foregoing rules.

PART II

Finance Rules

(Section 130)

Authorised objects to expenditure

39.?  The purposes to which the municipal fund may be applied include all objects expressly declared obligatory discretionary by law or rules, and, in general everything necessary for or conductive to the safety, health, convenience or education of the inhabitants or to the amenities of the municipality and everything incidental to the administration ; and the fund shall be applicable thereto within the municipality, subject to these rules and such further rules or special orders as the Government may prescribe or issue ; and shall be applicable thereto outside the municipality if the expenditure is authorised by this Act, or specially sanctioned by the Government.

40. ? The objects of expenditure connected with the public safety include the following:-

(a)      the lighting of public streets and the provisions, purchase, exploitation and maintenance of electric, gas or other undertakings for lighting public and private streets, places and buildings;

 

(b)      extinction of fires;

 

(c)      control, supervision or removal of dangerous places, buildings; trades, and practices;

 

(d)      regulation of traffic;

 

(e)      prevention and removal of obstructions in public streets or places: (f) the giving of relief and the establishment and maintenance of relief works in time of famine or scarcity;

 

(f)       measures to protect the municipality or any portion thereof from the flood or from soil erosion.

41. ? The objects of expenditure connected with the public health include the following:-

(a)      the construction and maintenance of hospitals and dispensaries and temporary places of reception within the municipality or outside the municipality for treatment of infectious diseases occurring in the municipality, building hospitals and dispensaries and places of reception for sick in general, contributing towards hospitals, dispensaries or places of reception provided by the Government; and contracting for the use of a hospital or part of a hospital, dispensary or place of reception; combining with any other local authority or with the Government to provide a common hospital, dispensary or place of reception; sending indigent inhabitants of the municipality to institutions outside the municipality for treatment; the training of medical practitioners, medical subordinates, midwives, nurses, health officers, sanitary inspectors and analyst's the provisions of nurses for attendance on patients suffering from infectious diseases at the house of such persons; vaccination and the training and supervisions of vaccinators and the provision of lymph; the registration of births, deaths and marriages; the enumeration of the inhabitants of the municipality and other measures of a like nature;

 

(b)      the construction, and maintenance of lunatic asylums;

 

(c)      the construction, establishment and maintenance, supervision and control of public markets and slaughter-houses, of shops, stalls and plinths of latrines; of sewage farms and all works for the removal or disposal of sewage; of water-works, drinking fountains, tanks and wells ; of wash houses and dhobi-khanas and of parks, squares and gardens; the reclamation of unhealthy localities and other sanitary measures of a like nature;

 

(d)      the cleansing and watering of streets and drains; scavenging; the removal of excessive or noxious vegetation ; the abatement of all nuisances;

 

(e)      the regulation and control of offensive or dangerous trades, of unhealthy buildings or localities, and of burial and burning grounds and crematoria; the provision of sites for and the closing of burial and burning grounds; the provision of new sites for offensive and dangerous trades and of special locations for factories; the acquisition of congested areas and the provision of new sites whether within or outside municipal limits, to relieve congestion or to provide for the growth of population; improvement and reclamation of land, planning, surveying and control of town extension whether within or outside municipal limits, redistribution of sites in such extensions and all measures of a like nature; and the acquisition of land for any of the aforesaid purposes.

42. ??The objects of expenditure connected with the public convenience, education and amenities include-

(a)      the construction, maintenance, diversion and improvement of streets, bridges, causeways, culverts and the like and the acquisition of the land necessary for the buildings to form improve streets; the regulation of building; the construction of model dwellings and the encouragement of co-operative building societies by loans, grants of land or prizes; the removal of projections and encroachments; the naming of streets, the numbering of houses; the planting and preservation of trees in public streets and places; the maintenance of public monuments;

 

(b)      subject to Rules 49 to 54, the establishment and maintenance of schools, the construction and maintenance of school-houses, public libraries and reading rooms museums, art-galleries gymnasia or any other institutions connected with the diffusion of mental of physical culture or technical instruction or the training of teachers;

 

(c)      the holding of industrial exhibitions or fairs;

 

(d)      the construction, maintenance and adornment of public halls and theatres; the acquisition and maintenance of recreation grounds playing fields and promenades;

 

(e)      subject to all provisions of law, the construction, maintenance and purchase or exploitation of tram ways and other transport services (railways not included), of telephone systems, grass farms, dairies, public bakeries and other agricultural, industrial or trading concerns of public utility either within or outside the municipal limits and whether or not in combination with other authorities or persons and subscription to debenture loans of any such concerns;

 

(f)       the employment of veterinary officers, the prevention of diseases of animals, the provision of places for the treatment of sick animals and the prevention of cruelty to animals;

 

(g)      the construction and maintenance of rest house, countries, poor houses, ponds and other works of public utility;

 

(h)     the provision and maintenance or holding of zoological and horticultural gardens and exhibitions;

 

(i)       the provision of standard weight, scales and measures and public weighing places;

 

(j)       the provision and maintenance of public baths and bathing places; (k) the provision of music for the people;

 

(h)     the provision and maintenance of public clocks and clock towers or a time gun;

 

(k)      the organisation and maintenance of health associations;

 

(l)       the organisation and maintenance of associations for the prevention of juvenile smoking and cruelty to children.

43. ??The objects of expenditure incidental to the administration include-

(a)      the provision and maintenance of a principal municipal office and record-room and of other offices with the cost of appurtenances and fitting and insurance;

 

(b)      honorarium to Chairperson and conveyance allowance to the members;

 

(c)      salaries, allowances, liveries, pensioner or provident fund or provident-cum-pension fund contributions and gratuities and the cost of hire of vehicle for the municipal officers and employees; study leave allowances of professional officers and subordinates;

 

(d)      stationery, printing and all office and advertising expenses:

 

(e)      legal expenses;

 

(f)       election expenses;

 

(g)      the provision and maintenance of municipal work-shops;

 

(h)     municipal surveys, the preparation of map of the municipality and the preparation and maintenance of a record of rights, in immovable property.

Obligatory expenditure

44. ??The council-

(1)     shall make provision for the construction, maintenance, diversion and improvement of streets, bridges, causeways, culverts and the like to such extent as the Government consider necessary and practicable; and

 

(2)     shall not divert such provision to other purposes without the express sanction of the Government.

45. ? (1) Expenditure on the following objects is obligatory subject to special directions that the Government may issue in respect of any municipality by notification:-

(a)      the principal municipal office and record-room;

 

(b)      maintenance of public property and monuments vested in the municipality;

 

(c)      maintenance of property owned by the municipality;

 

(d)      salaries and pensioner or provident fund or provident-cum-pension fund contributions and gratuities of the municipal officers and employees according to the conditions on which such persons entered the municipal service;

 

(e)      scavenging;

 

(f)       lighting the public streets;

 

(g)      burial and burning grounds where no sufficient number is provided by other agency;

 

(h)     medical relief to the extent laid down in Rules 46, 47 and 48;

 

(i)       diffusion of education to the extent laid down in Rules 49 to 53;

 

(j)       registration of births and deaths;

 

(k)      vaccination;

 

(l)       provision of slaughter-houses;

 

(m)    payment of interest on and amortization of debt, if any;

 

(n)     payment of the election expenses including the cost of the preparation and revision of the electoral roll, the conduct of election to the council, and the maintenance of the election establishment;

Explanation:- The cost of maintenance of the election establishment shall include the pay, pension and leave allowances, if any, of the officers and employees of the Government or of any other authority, employed in the preparation and revision of the electoral roll and in the conduct of the elections;

(o)      payment of such contribution towards the cost of training; [309][Commissioners of municipalities as may be fixed by the Government;

Explanation:-The cost of training Commissioners may include the whole or such part as the Government deem equitable, of the pay, pensioner or provident fund or provident-cum-pension fund contribution and leave and other allowances, if any, of the officers and employees of the Government of any other authority employed and other incidental expenses incurred in connection with such training;

(p)      payment of travelling allowance of a person appointed as Commissioner in respect of his journey to join the appointment;

 

(q)      payment of such contribution as may be fixed by the Government towards salary, allowances, leave allowances cost of training, pension or contribution if any, towards the provident fund or provident-cum-pension fund of the valuation officer and of their establishments;

 

(r)      all other objects declared obligatory by law or rule.

(2) ???The Government shall determine every year the amount of election expenses referred to in clause (n) of sub-rule (1), and the determination shall be final and binding on the council. Such amount shall have priority over all other charges except charges for the service of authorized loans including the loans and advances specified in Section 131, and the expenses specified in sub-section (2) and (3) of Section 144.

Obligatory medical expenditure

46. ? (1) The council shall provide and maintain either from endowments or from the municipal fund or by grants-in-aid there from in accordance with such rules as may, from time to time, be prescribed by the Government-

(a)      a hospital or dispensary where the sick, poor of the municipality shall be entitled to receive medical and surgical advice and treatment free of charge; and

 

(b)      a hospital for the treatment of patients suffering from infectious diseases in the municipality.

The council shall provide and maintain more than one such hospital or dispensary if the Government so directs:

Provided that the Government shall not so direct until the council shall have had an opportunity of submitting its views on the subject to the Government:

Provided further that the council shall not be bound to provide or maintain such hospitals or dispensaries, when in the opinion of the Government sufficient provision has otherwise been made for the treatment free of charge of the sick, poor and the treatment of patients suffering from infectious diseases in the municipality.

(2) ??Any inhabitant of the municipality, who is not a fit object of public charity, may, subject to such regulations as the council, with the approval of the Government, may, from time to time, frame, obtain medical or surgical advice and treatment from any hospital or dispensary maintained by the council from endowment or from the municipal fund; provided that any charges incurred, by the council in medical or surgical relief of persons other than the sick, poor of the municipality or those unable to pay a medical attendant shall be reimbursed by such persons.

(3) ??The council may also permit the treatment in the hospitals or dispensaries maintained by it from endowments or from the municipal funds of any person not resident in the municipality.

47. ? The council shall provide every hospital or dispensary provided or maintained by it with all necessary drugs, instruments, apparatus, furniture and appliances on a scale approved by the Government, and when, in the opinion of the council, provision for in-patients may be necessary, it shall also provide a sufficient number of cots, bedding, clothing, furniture and diet for such in-patients.

48. ? The council shall employ a medical officer for any hospital or dispensary by it from endowments or from the municipal fund.

Obligatory educational expenditure

49. ? The council shall, so far as the funds at its disposal may permit, make provision for the instruction in schools of all children of school going age, resident within the limits of the municipality, for whose instruction provision shall not otherwise have been made.

50. ? The council may provide instruction-

(i)       either by schools maintained wholly from the municipal fund; or

 

(ii)      by means of grants-in-aid to private schools from the said fund in accordance with such rules as may, from time to time, be made by the Government; or

 

(iii)     by contributing towards the cost of Government schools; or

 

(iv)    by more than one of such means.

51. ? The council may, with the previous sanction of the Government maintain either wholly from the municipal fund or by grants-in-aid there from elementary schools to which admission may be wholly or partly free for any class of inhabitants which in the opinion of the council, is, by reason of poverty, unable to pay the fees livable in schools maintained by the council, whether wholly from the municipal fund or by grants-in-aid there from.

52.     (1) it at any time it seems advisable to the Government that a grant-in-aid should be made to any school, maintained solely for the instruction of the children of any particular class of the inhabitants of any municipality, they may direct the council to make such grant to such school; and the council shall made it accordingly; provided that the Government shall not so direct until the council shall have had an opportunity of submitting its views on the subject to the Government.

(2) ??The instruction to be provided by the council shall be of such standards as may, from time to time, be determined by the Government.

53.     (1) The council shall unless otherwise provided by any law for the time being in force, or in the case of elementary schools exempted by the Government on such conditions as it may prescribe from time to time, levy in every school maintained by it, fees as may, from time to time, be determined by the Government:

Provided that if the council is satisfied that the parent or guardian of any child, resident in the municipality, is by reason of poverty unable to pay for the elementary education of such child, it may remit the whole or part of the fees but it shall not compel the parent or guardian of such child in consideration to the said relief to send such child to any particular municipal school:

Provided further that the council may, in any secondary school, in accordance with a scheme framed by it and approved by the Director of Public Instruction, remit the whole or part of the fees of poor pupils, subject to the condition that the fee income thus foregone shall not exceed ten per cent of the total fees realizable from all pupils of the schools at the rates determined by the Government.

(2) ??The proceeds of all fees levied by the council as aforesaid shall be expended by the council for the provision of instruction by means of schools.

Discretionary educational expenditure

54. ? The council may also provide wholly from the municipal fund or by means of grants-in-aid there from-

(i)       for the inspection of schools maintained by it whether wholly from the municipal fund or by grants-in-aid there from;

 

(ii)      for the training to teachers for schools aided or maintained from the municipal fund;

 

(iii)     for the instruction and training of persons for the practice of medicine, or of vaccination, or of any technical or industrial calling; and

 

(iv)    for the maintenance of public libraries, reading-rooms, gymnasia or any other institutions connected with the diffusion of education, which may be approved by the Government.

Extraordinary expenditure

55. ? A council may, with the prior sanction of the Government,-

(i)       contribute towards the expenses of any public exhibition ceremony or entertainment in the municipality;

 

(ii)      defray the cost of the preparation and presentation of addresses to persons of distinction visiting the municipality;

 

(iii)     contribute to any charitable fund or to a fund for the defense of the municipality or to the funds of any institution for the relief of the poor or the treatment of disease or infirmity or the reception of diseased or inform persons or the investigation of the causes of disease;

 

(iv)    pay the expenses of the Chairman, members of the council and municipal officers the employees, travelling on municipal business; and

 

(v)      defray any other extraordinary charges.

Receipts and payments

56. ? All moneys received by the council shall be lodged in the nearest Government treasury ?or, with the sanction of the Government, in a Bank:

Provided that the council may, with the sanction of the Government, any sums not required for immediate use either in the Government Savings Bank or in Government securities, or in any other security which may be approved by the Government.

57.      (1) All orders or cheques against the municipal fund shall be signed by the [310][Commissioner) or by some person duly authorized in this behalf by him. The treasury or bank in which the fund is lodged shall, so far as the funds to the credit of the council permit, pay all orders cheques against the fund which are so signed.

(2) ??If the council shall have given previous authority in writing, such treasury or bank may at once pay out of the municipal fund without such order or cheques any expense which the Government have incurred on behalf of the council.

Audit surcharge and disallowance

58. ? The Commissioner shall submit all accounts to the auditors as required by them.

59. ? The auditors may-

(a)      by summons in writing, require the production of any book, deed, contract, account, voucher receipt or other document, the perusal or examination of which they consider necessary;

 

(b)      by summons in writing require any person having the custody or control of any such document or accountable for it to appear in person before them;

 

(c)      require any person so appearing to make and a declaration with respect to such document or to answer any question or to prepare and furnish any statement relating thereto.

60. ? The auditors shall-

(a)      report to the council any material impropriety or irregularity which they may observe in the expenditure, or in the recovery of moneys due to the council or in the municipal accounts;

 

(b)      furnish to the council such information as it may require concerning the progress of their audit;

 

(c)      report to the council any loss or waste of money or other property owned by or vested in the council caused by neglect or misconduct, with the names of persons directly or indirectly responsible for such loss or waste; and

 

(d)      submit to the council a final statement of the audit and a duplicate copy thereof to the Government within a period of three months from the end of the financial year, or within such other periods the Government may notify.

61. ? The Commissioner shall forthwith remedy and defects or irregularities that may be pointed out by the auditors and report the same to the council.

62 to 65. (Omitted by A.P. Act 3 of 1978.]

APPENDIX A

Distrait Warrant

(Rule 30 (3)]

Warrant No.

To

(Name of officer charged with execution of warrant)

(State tax or taxes due and premises, if any, in respect of which the tax or taxes are due).

Where..................................................of.........................................has not paid or shown sufficient cause for the non-payment of the sum of Rs..............................................p........................due to the tax or taxes noted above for the............................ending........................19......: although the said sum has been duly demanded from the said............................and fifteen days have elapsed since such demand was made. This is to command you to demand the said sum of Rs.........................................p................. together with twelve paise for warrant fee, failing payment of which you are to distrait the goods and chattels of the said...........................(or as the case may be, and goods and chattels found on the premises referred to) to the amount of the said sum of Rs.........................................p................................ together with Rs.......................p......................for warrant fee and distrait fee making together a sum of Rs........................................p..................... and such further sum as may be sufficient to defray the charges of keeping and selling such distrait; and if within seven days next after such distrait, the amount due on account of the said tax or taxes and fee shall not be paid together with such further sum as may be sufficient to defray the charges of keeping such distrait, to sell the said goods and chattels under orders to be hereafter issued by me, and to remit to the municipal office the sale proceeds of the distained property, out of which the amount due on account of the said taxes and fees, namely Rs....................................p....................and the charges on keeping and selling such distrait will be deducted and credited to the municipal fund, and the surplus, if any. returned to the owners of the goods and chattels distained. If distrait or sufficient distrait cannot be found of the goods and chattels of the said............................you are to certify the same to me together with this warrant.

APPENDIX B

Form of Inventory and notice

[Rule 31 (1) (c)]

(State particulars of goods and chattels seized)

Take notice that I have this day seized the goods and chattels specified in the above inventory for the sum of Rs.............................p................due for the tax or taxes mentioned in the margin..................... for the............... ending 19.......and that unless you pay into the office of the municipality of the amount due together with the warrant fee, the distrait fee and cost of keeping the goods and chattels, within seven days from the date of this notice. the goods and chattels, will be sold on the.....................day of.............. 19.......at the municipal office or at such other place as the [311][Commissioner] may direct; and that the goods and chattels may be sold at any previous date if they are liable to speedy and natural decay.

APPENDIX C

Table of fees payable on Distrait

[Rule 33 (1)]

The above charges includes all expenses, except when peons are kept in charge of property distained, in which case twenty-five paise must be paid daily for each peon.

Schedule - SCHEDULE I

II

SCHEDULE III

Building Rules

(Section 230)

1. Definitions:- 

In these rules, unless the context otherwise requires,-

(i)       'dwelling' means family occupation in a building which is not designated or intended to be used as a dwelling house;

 

(ii)      'dwelling house' means a house designed or intended to be used wholly or principally for human habitation together with such out-buildings, latrines, and other erections as are ordinarily used or intended to be used therewith.

 

(iii)     'open space' means an area forming an integral part of the plot open to the sky;

 

(iv)    'plot' means a contiguous position of land held in single or joint ownership other than land used, allotted or set apart for any street, lane, passage, pathway or other common public purpose;

 

(v)      'public building' means a building used or intended to be used either ordinarily or occasionally as a place of public worship, dharamasala, college, school, theatre, cinema, public concert room, public hall, public bath, hospital, hotel, restaurant, latrine room, shop or any other place of public assembly;

 

(vi)    'site for building' includes all the land within the cartilage of the building and forming its appurtenances such as outbuildings, yard, court, open space and garden attached thereto intended to be occupied therewith:

2. Application for construction, etc., of a building:-

(1)     Every person who constructs, reconstructs or alters or adds to a building other than a hut, shall submit an application to the executive committee for the approval of the site and for permission to execute the work, in the form specified in Appendix 'A' to these rules with such variations as circumstances may require.

 

(2)     The application shall be accompanied by-

 

(i)       a site plan (in triplicate) of the land on which the building is to be constructed, reconstructed, or altered, or added to, drawn or reproduced in a clear and intelligible manner on suitable and durable material as may be notified by the executive committee and comply with the requirements specified in Appendix 'C to these rules, as far as may be necessary;

 

(ii)      a plan or plans (in triplicate) of the buildings to be constructed, reconstructed or altered or added to, drawn or reproduced in clear and intelligible manner on a suitable and durable material as may be notified by the executive committee, and showing the ground plan, plan of each floor, elevations and sections of the building and buildings as per the requirements specified in Appendix 'D' to these rules; and

 

(iii)     a specification (in triplicate) comply with the requirements specified in Appendix 'E' to these rules as far as may be necessary.

 

(3)     The application as well as the plans and specifications shall be signed by the owner of the site and building. They shall also be signed by a licensed survey or architect or engineer, appointed as per the bye-laws adopted by the council with the approval of the Government.

3. Application for construction, etc., of a hut:-

(1)     Every person who constructs, reconstructs, or alters or adds to, a hut shall submit an application to the executive committee in the form specified in Appendix 'B' to these rules together with the site plan (in triplicate) of the land on which the hut is to be constructed, reconstructed, or altered or added to, complying with the conditions specified in the said Appendix as far may be necessary. He shall also furnish information as to the purpose for which hut is proposed to be constructed, reconstructed or altered or added to.

 

(2)     Where it is intended to use the hut or part thereof for any of the purposes specified in Schedule IV of the Act or as a stable, cattle-shed, cow-house, it shall be expressly stated in such application.

 

(3)     The Commissioner may require the applicant-

 

(a)      to furnish any information which has been omitted to be furnished.

 

(b)      to satisfy the Commissioner that there are no objections which may lawfully be taken into consideration for the grant of permission to execute the work.

 

(4)     If any information required under sub-rules (1) to (3) is, in the opinion of the [312][Commissioner], incomplete or defective, it may require further information to be furnished.

 

(5)     ub-rules (3) or (4) is not complied within one month from the date of its communication, the application shall be rejected.

4. Withholding of permission in certain cases:-

(1)     Before granting permission for the construction, or reconstruction of or addition or alteration to a building, the [313][Commissioner] shall take into consideration the proximity of aerial lines if any, to the building, and shall withhold permission for such construction, reconstruction, addition or alteration, unless suitable arrangements are made by the applicant to meet the requirement of the rules made under the Indian Electricity Act. 1910.

 

(2)     Permission to the construction, or reconstruction for or addition or alteration to the building, shall be withheld in cases where the clearance between building or any part of the building and electric lines is less than-

[314][(3) No permission shall be granted for construction, re-construction or alteration of building and structures of installations exceeding the heights indicated in the Tables I and II below in the vicinity of civil Aerodromes without prior consultation with the Local Civil Aerodromes Authority.

TABLE I

International Civil Air Ports and their alternates.

TABLE II

Other Civil Air Port and Civil Aerodromes

(4) ??No construction of smoke-chimney except that of kitchen of residential buildings in factories. Workshops and work places, shall without consultation with the local Civil Aerodrome Authorities be permitted within the vicinity of Civil Aerodromes the smoke from which is likely to obscure the clear vision of Civil Aerodrome Pilots.

(5) ??Irrespective of their distance from the Aerodromes, that is beyond 12 Nautical miles of the aerodrome (aerodrome reference point) no radio masts or such similar types of installations exceeding 500 ft. in height shall be erected with prior permission of the Director-General, Civil Aviation].

5. Sites:-

(1)     No site which would admit of storm-water draining into it owing to its level or location shall be used for the construction of a building unless arrangements are made to prevent effectually the flooding of the site either by draining into a storm-water course, if one is available, or by raising the level of the site to an adequate height by the deposit of layers of sound and non-putrescrible material.

 

(2)     No site, wherein the soil and sub-soil would be so saturated with water that dampness of the floor and walls of the building would be inevitable. shall be used for the construction of a building unless a damp-proof course of type approved by the Commissioner is provided in the basement of the building not higher than the level of the lowest floor and unless the flooring is made with a material approved by the Commissioner which would effectively prevent the dampness rising in the floor of the building.

 

(3)     No site shall be used for the construction of a building intended for public worship or religious purposes without the prior approval of the Collector of the district who may refuse such approval if, in his opinion, the use of the site for the proposed construction of the building is likely to endanger public peace and order, after giving an opportunity to the applicant to show cause against such refusal:

Provided that an appeal shall lie against the Collector's decision to the Government who may issue such orders as they deem fit.

(4)     Every person who constructs, reconstructs or alters, or adds, to, a building shall, wherever the site is within fifteen meters of any tank. reservoir, water-course, river, fresh-water channel or well carry out such measures as may be necessary or as the Commissioner may direct, for the purpose of preventing any contamination of, or any risk of drainage of building passing into, such tank, reservoir, water-course, river fresh-water channel or well.

6. Foundations:-

(1)     The foundation of every building to be constructed shall be-

 

(i)       so constructed as to satisfy the Commissioner that they will sustain the combined load of the building and of the superimposed load and transmit those loads to the sub-soil in such manner as not to impair the stability of the building or any part thereof by the settlement cause by the pressure of such loads ; and

 

(ii)      taken down to such depth, or so constructed, as to render the building immune from damage from movements due to seasonal variations in the content of moisture in the ground.

 

(2)     Every person who constructs, reconstructs, adds to or alters a building shall take such steps or do such things as the Commissioner may direct or require so as to secure proper stability of the building and to render the building immune from any settlement or movement that may be caused, in the soil on account of seasonal variations in the contents of moisture, inequalities of soil resistance, lateral escape of soft soil, sliding of the sub-stratum on sloping ground, distributed or concentrated lateral pressure or other causes.

7. Basement:-

Every person who constructs, reconstructs, adds to or alters, a building shall comply with the following requirements:-

The ground floor or lowest floor of the building shall be at such level as will allow for the effectual drainage of the floor. Unless the Commissioner having regard to the circumstances of the case directs otherwise ; it shall be not less than 0.5 meter above the ground or site level:

Provided that stables, cattle sheds, and buildings of similar nature not intended for human occupation, may have the plinth and the lowest floor thereof not less than 0.25 meter above the ground or site level, unless the Commissioner having regard to the circumstances of the case, directs otherwise.

Note:- This rule shall not apply to a cellar or granary below the ground floor which is intended for storage only and constructed in dry soil or in such manner as to be imprevious to moisture.

8. Superstructure-Walls, Floors and Roots:-

(1)     Every person who constructs a building shall cause every wall to be constructed of-

 

(a)      good whole bricks or stones properly bonded and solidly put together with good jointing material compounded of good mud, good lime, or good cement and clean sand or other suitable and durable material; or

 

(b)      other good, hard and suitable incombustible material properly and solidly put together.

This sub-rule shall not apply to huts or to cases falling under Section 206 or Section 229(2) of the Act.

(2)     Every person who constructs or reconstructs or adds to a building shall cause every wall to be built of sufficient thickness to ensure safety and stability, regard being had to the length of the wall and the height of the building, the purposes for which the building is intended to be used, the dead load comprising of the actual weight of walls, floors, stairs, landing, roofs and all other permanent construction comprised in such building, the super imposed load in respect of such building comprising of all loads other than the dead load, and also the maximum permissible loads for different kinds of work and materials of construction.

 

(3)     Every person who construct or reconstructs or adds to a building shall cause every pillar, pier, frame work, beam and other construction carrying loads in the building, to be so designed and constructed as to withstand the combined dead load and the superimposed load.

 

(4)     Every person who constructs or reconstructs or adds to a building shall cause the floors and roofs to be so designed and constructed as to withstand the combined dead load due to their own weight and other superimposed load to which such floors and roofs may be subject.

 

(5)     Unless otherwise specified by the Commissioner the dead load of the weight of walls, floors and roof and superimposed loads expressed in terms of dead load, as set forth in Appendices 'F and 'G' to these rules, shall be adopted.

 

(6)     If the superimposed loads on any wall, floor or roof is to exceed that specified in the said Appendices, such greater load shall be provided for with an equivalent margin of safety.

 

(7)     In the case of any floor or roof intended to be used for a purpose for which a superimposed load is not specified in the said Appendices, the superimposed load to be carried on such floor or roof shall be provided for with an equivalent margin of safety.

 

(8)     For stairs and landings, the superimposed load shall be taken as equivalent to a distributed load of not less than 350 kilograms per square meter, but each step shall be capable of safely supporting a concentrated load at any point of not less than 60 kilograms, ordinarily.

 

(9)     For a roof the plane of which inclines upwards at a greater angle than 20 degrees with the horizontal, the superimposed load, which shall for this purpose be deemed to include wind pressure or casual load, shall be taken at 50 kilograms per square meter of sloping surface, normal to such sloping surface, on either side of such roof.

 

(10)   For all other roofs, unless otherwise specified by the executive committee, the superimposed load shall be taken at 183 kilograms per square meter measured on a horizontal plane.

 

(11)   For all floors of a domestic building, unless otherwise specified by the Commissioner the superimposed load shall be taken at 250 kilograms per square meter measured on a horizontal plane.

 

(12)   Where a rolling load actuated by mechanical power is to be provided for, such rolling load shall be taken as equivalent to a static load which shall not be less than one and a half times the actual rolling load.

 

(13)   Partitions and other structures superimposed on floors and roofs may be included in the superimposed load, provided the weight of the partition or other structure per square meter of base does not exceed the permissible load per square meter of floor or roof area. Partitions and other structure of greater weight shall be specifically provided for.

 

(14)   Every person who constructs a dwelling house or other domestic building shall cause every external wall and every main wall to be built unless otherwise specified by the Commissioner of at least the thickness specified in Appendix H. The thickness specified in the said Appendix shall apply only to walls built in horizontal beds or courses of good whole bricks or of suitable stone, or other blocks of hard and incombustible material.

 

(15)   Every portion of the building shall be so designed as to be within the safe permissible loads for different materials of construction.

 

(16)   The provisions of this rule shall, as far as may be, apply to reconstruction of buildings.

9. Space about buildings and height of buildings:-

(1)     This rule applies to buildings newly constructed or reconstructed, to the conversion into a dwelling house of a building not originally constructed as a dwelling house, and to additions and alterations made to existing buildings, irrespective of whether the new construction, reconstruction, conversion or addition or alteration is in the ground floor, first floor or any other upper floor, and in the case of an addition or alteration to any existing building, the rule shall apply in respect of addition or alteration only and not to the whole building.

 

(2)     (i) In the case of public or private street, not being a conservancy lane, no building (except plinth, steps and other similar structure not being above the floor level of the building and any fence or compound wall not exceeding 2 meters in height from ground or site level) shall be built,-

 

(a)      within 1.5 meters of the boundary of the street;

 

(b)      in the space between the building line and the street alignment as defined under Section 175 of the Act:

Provided that any sunshade, balcony, canopy, eaves or other similar projecting portion of the building not exceeding 1 meter in width may be allowed above a height of 3 meters measured from ground level where no pillar, wall or other structure is erected in the open space for support, and where there is clear space of 6.5 meters between the centre line of road and the projections.

(ii) ??Where a site abuts one two or more streets, the front set back shall be provided on all the streets.

(iii) ??Where a site is away from any street, the front set back shall be equal to half the height of the building and shall in no ease be less than 4.0 meters in depth.

(iv) ??No building shall be less than 9.5 meters away from the centre line of any street.

(3)     ?(i) The height of a building shall not exceed one-and-a-half times the width of the street immediately in front of it plus the open space in front of that building :

Provided that the said height may be exceed to the extent of 2 meters for every one meter by which the corresponding portion of the building is set back from the street.

(ii) ??No building shall have more than four floors including ground floor and the total height of any building shall not exceed 15 meters.

Explanation:- The height of a building referred to in this sub-rule shall be reckoned from the level of the crown of the street, immediately in front of the building.

(4)     Between the rear boundary of every building site and the building itself, there shall be an open space exclusively belonging to such building and extending laterally throughout the width of the site to a depth of not less than 3 meters:

Provided that where this depth cannot be obtained throughout the entire width of the site by reason of the exceptional shape of the site or other exceptional circumstances, it shall suffice if the main depth is not less than three meters.

Note:- This sub-rule shall not apply to huts.

(5)     Where it is impracticable to leave on open space throughout the width of the site, the Commissioner may permit a portion of the building to abut on the rear boundary of the site for a distance not exceeding one-third of the length of the rear boundary provided that the open space at the rear of the building and belonging exclusively to it shall be not less than twenty square meters or two-ninths of the area of the site, whichever is greater.

 

(6)     ?(i) A well, latrine, ash-pit, garage, cow-shed, and any other building not intended for human habitation and not exceeding a height of 3 meters above ground level, may be constructed in the open space referred to in sub-rules (4) and (5), provided that the aggregate area covered by such structures shall not exceed one-fourth of the area of such open space.

(ii) ??Sub-rules (4) and (5) shall not apply to buildings used solely as shops, ware-houses and go-downs, provided that if any such building or any portion thereof is at any time proposed to be used as a dwelling house or dwelling, permission of the Commissioner shall be obtained and the building shall be reconstructed or altered so as to comply in every respect with the requirements of Sub-rules (4), (5) and (7).

(7)     Buildings wholly or partly intended for human habitation or to be used as offices, schools, factories, workplaces and the like where human beings work for considerable part of the day, except the buildings to be solely used as shops, go-downs or warehouses, shall not cover more than two thirds of the area of the site and the remaining one-third area of the site shall be kept as vacant space open to sky.

Note:- An open courtyard may by included in the calculation of the area as vacant space open to the sky.

(8)     The open space required to be left in and around a building under sub-rules (2), (4), (5) and (7) shall be measured at the level of the proposed construction, reconstruction, conversion or addition or alteration proposed on any floor other than the ground floor, being taken to be the line along that floor vertically above the boundary line on the ground.

 

(9)     No construction, reconstruction or addition for a building shall be allowed if such work operates to reduce an open space of any other adjoining building to the same owner to an extent less than what is prescribed by this rule or to reduce further such open space if it is already less than that prescribed.

10. Height Regulation:-

(i)       Habitable Room:- The height of all rooms for human habitation including kitchen shall not be less than 2.5 meters measured from the surface of the floor to the lowest point of the ceiling, provided that minimum head-room at any point shall not be less than 2.5 meters.

 

(ii)      Bath-rooms, Water closets and Stores and Garages:- The height of all such rooms measured from the floor to the lowest point in the ceiling shall not be less than 2.25 meters. Nothing on the ground floor shall be constructed in such a way as to leave a headway less than 2.25 meters.

 

(iii)     Rooms in non-residential buildings:- The height of all rooms of the buildings (other than residential shops, buildings, offices, schools, and the like) shall not be less than 3 meters measured from the surface of the floor to the lowest point of the ceiling.

This rule shall apply to all constructions, reconstructions and additions to buildings.

11. Size of room:-

(i)       Habitable rooms:-The size of habitable room shall not be less than 9 square meters with a minimum width of 2.5 meters.

 

(ii)      Kitchen:- Every kitchen shall have a floor area of not less than 5.5 square meters and shall not be less than 1.8 meters width at any part. Where there is a separate store, the floor area of the kitchen may be reduced to 4.5 square meters. A kitchen which is intended as a dining-room also shall have a floor area of not less than 9 square meters with a minimum width of 2.5 meters.

 

(iii)     Bath-room and water closet:- The size of bath room shall not less than 1.2x1.2 meters and where it is combined bath and water closet. its floor area shall not be less than 2.5 square meters. The size of water closet shall not be less than 1.2 x 1.0 meters.

This rule shall apply to all constructions, reconstructions and additions to buildings.

12. Lighting and ventilation:-

(1)     Every habitable room including kitchen shall have, for admission of light and air, one or more apertures such as windows, fans, lights etc., Opening directly to the external air or into an open verandah, and aggregate area of not less than one-eighth of floor area excluding doors.

 

(2)     Each of the bath-rooms, water closets, stores and stairways shall have at least half of the ventilation required for a habitable room under sub-rule (1). The windows or ventilators to light and ventilate these rooms shall be located to about an exterior will facing a street, open space, lane, courtyard or an air shaft, whose dimension in the direction perpendicular to the window is not less than one-fourth of the height of the building on which window ventilator is located subject to the maximum and minimum limit of five meters and one meter respectively.

 

(3)     This rule shall apply to all constructions and reconstructions and additions to buildings.

Note:- Windows and ventilators which open into a verandah shall, be deemed to communicate with the external air, provided that such verandah is not more than 3 meters wide, and open throughout its entire length into a space open to the sky ; the width of such open space being double the width of verandah and in no case less than 2 meters.

13. Chimneys and Fines:-

Every place, where in fire is kindled habitually such as kitchen or bathing place, shall be provided with efficient means for the escape of smoke, or products of combustion, directly above every fire place.

Note:-The means would depend upon the nature of roofing over the room in which fire place is provided. In a title roof the means as may be prescribed by the Commissioner be adopted as the minimum requirements. In the case of traced roofs a flues of adequate height and size should be provided.

14. Drains and sanitary conveniences:-

Every building shall be provided with means for the effectual drainage of storm-water silage and sewage from the premises and sufficient and suitable sanitary convenience for the use of the occupants of the building.

Note:- The drainage arrangements and the sanitary conveniences shall be in accordance with such rules or bye-laws as may be made in that behalf.

15. Staircases and Lifts:-

(1)     Every person who constructs, reconstructs or makes any addition to a building space shall provide in such building one or more staircases each extending from ground floor level to the highest floor level of the building. Such staircase shall be within a distance of 20 meters from such portion or portion of the entrance door of at least one room of a tenement or a dwelling house or an office building or every room in a public building or warehouse. The staircases are provided and intended for 10 or more persons shall be accessible from the street by a passage at least 2 meters in width. The staircases shall entirely be constructed of fire resisting material and shall be of minimum width of one meter clear. In case of a single family residential building, width of the staircase may be reduced to 0.75 meter.

 

(2)     Every passage giving access to the staircase shall in no part be less than the width of the staircase of such building and its floor shall be of fire resisting material and carried by supports of fire resisting material:

Provided that where the staircase is to be used by more than one hundred persons an additional width of 2.5 centimeters shall be provided in the staircases for every additional 15 persons. Where the number of persons using the staircase exceeds three hundred, an additional staircase of required width shall be provided.

Note:- For the purpose of this rule each square meter of floor space of the habitable rooms of dwelling house shall be deemed to be occupied by one person. For other classes of buildings, the number of persons shall be calculated in accordance with such standards as may, from time to time be laid down by the Commissioner.

(3)     The maximum riser and minimum width of tread of staircases shall be as follows:

16. Special Rules for the huts:-

(1)     Except with the written permission of the Commissioner no portion of a hut shall be placed with 2 meters of a masonry or wooden building provided that this rule shall not preclude the construction of huts in compounds, where masonry or wooden outhouses would be permissible.

 

(2)     No hut shall be more than one storey, nor exceeds 3 meters in height measured from the top of the plinth to the junction of the eaves and wall.

 

(3)     The walls of the hut, at the junction of the eaves and wall shall in no place be less than 2 meters in height, measured from the top of the plinth.

 

(4)     On land exclusively set apart from the construction of huts, the huts shall be built in continuous lines in accordance with an alignment to be determined by the council.

 

(5)     Where an alignment determined under sub-rule (4) does not correspond with the alignment of a street, a passage of at least 6 meters, measured from eave to eave, shall be left between the rows of huts abutting on such alignment.

 

(6)     The municipal authorities shall have the right to send carts along the passage referred to in sub-rule (5) or otherwise make use of them for any of the purposes of the Act.

 

(7)     Notwithstanding anything contained in sub-rule (4), huts may, with the special sanction of the council be built so as to from an open court-yard, comprising at least one-third of the whole area occupied by the huts and court yard.

 

(8)     Between any two huts, there shall be a space of at least 1.5 meters measured from eave to eave.

17. Special rule for well:-

(1)     A Well in any site intended to supply water for human consumption or domestic purposes be of a pucca construction with a structurally sound material and comply with the following requirements; namely:-

A well shall be-

(i)       not less than 10 meters from any ash pit, refuse pit earth closet or privy and shall be located on a site upward from the earth closet or privy;

 

(ii)      not less than 15 meters from any ash pit, soak way or borehole latrine and shall be located on a site, upwards from cess pit or soak way or borehole latrine;

 

(iii)     so situated that the movement of subsoil or other water is not likely to contaminate;

 

(iv)    of a minimum internal diameter of not less than one meter; and (v) not located under a tree, and if it is so localized it should have a canopy over it so that leaves and twigs may not fall into the well and rot: Provided that the above conditions do not apply to a kutcha well of a semi-permanent nature which shall be permitted only in fields or gardens for purposes of irrigation.

 

(2)     The wall of the head of the well be raised above the level of the adjoining ground to form a parapet or kerb and to prevent surface water from following into a well and shall be surrounded with paying constructed of impervious material which shall extend for distance of not less than 1.5 metres in every direction from the parapet or from the forming the well head and the upper surface of paying shall be sloped away from the well.

 

(3)     The interior surface of the living or walls of the well shall be rendered impervious for a depth of not less than 2 metres measured from the level of the ground immediately adjoining the well head.

[315][18. Power of Government to exempt buildings:-

The Government may, either suo motu or an application, exempt any building or class of building or buildings of any institution or organization, from the operation of all or any of the provisions of these rules:

Provided that where the construction of a building is started in contravention of the rules, no such exemption shall be granted in respect of such building].

APPENDIX 'A'

[Rule 2 (1)]

.......................Municipality.

Ten Paise Court fees stamp to be affixed here.

(Application under Sections 209, 216, 220, 225 or 227 as the case may be of the Andhra Pradesh Municipalities Act, 1965).

From

Name of owner of land and Building:

Address"

To,

Commissioner.

..........................Municipality.

Date:

Sir,

I intend to construct/reconstruct /make alterations or additions to a building other than a hut. in the site of plot of land. Town or Revenue Survey No............................Street or road named in the Ward or Division and in accordance with the provisions of section.............................

(Section 209, 216, 220, 225, 227 as the case may be) and Rule 2 of the Buildings Rules, I forward herewith in triplicate: -

(a)      a site plan of the land on which the building is to be constructed/ reconstructed/altered or added to complying with the requirements of Appendix 'C of the rules);

 

(b)      a plan or plans of the building showing a ground plan, plan of each floor, elevations and sections (complying with the requirements of Appendix 'E' of the rules).

 

(c)      a specification of the work (complying with the requirements of Appendix 'E' of the rules);

I intend to use the building only as dwelling house/not as dwelling house but for the purpose of.......................................

I request that the site may be approved and that permission may be accorded to execute the said work.

Conditions

(i)       I agree not to proceed with the execution of the work until approval is given or is deemed to have been given by the Commissioner under Section 212 or Section 214 of the Andhra Pradesh Municipalities Act, 1965, or permission is granted or deemed to have been granted by the said authority under Section 213 or Section 214 of the said Act.

 

(ii)      I agree not to do any work otherwise than in accordance with the site and building plans and specifications which have been approved, or in contravention of any of the provisions of the Andhra Pradesh Municipalities Act, 1965, or any rule, bye-law, order or other declaration made there under, or of any direction or requisition lawfully given or made under the said Act, rules, or bye-laws.

 

(iii)     I agree to make any alterations which may be required by any notice issued or by any order confirmed under Section 217 or Section 228 of the Andhra Pradesh Municipalities Act, 1965 as the case may be.

 

(iv)    I agree to keep one copy of the approved site plan and one set of copies of the sanctioned plans of the building, at the site of the building at all times when the work is in progress and also agree to see that such plans are available and the buildings is open at all times for the inspection of the Commissioner or any officer authorised by it in that behalf.

 

(v)      I agree to give notice to the Commissioner in accordance with Section 94 of the Andhra Pradesh Municipalities Act, 1965, and furnish a set of completion plans within thirty days from the date of completion or occupation of the building, whichever is earlier.

 

(vi)    I also agree not to occupy the building that will be constructed or reconstructed by me, or cause or permit it to be occupied until I have obtained a certificate from an Officer of the Public Health Department of the Municipality, as required by Sections 26 and 33 of the Andhra Pradesh (Andhra Area) Public Health Act, 1939.

Signature of the Owner of the Land

and the building.

APPENDIX 'B'

[Rule 3 (1)]

Application for permission to construct/reconstruct or alter or add to a hut.

To.

The Commissioner,

Municipal Council,

Sir,

I beg to give notice that I intend to construct/reconstruct/make alterations or additions to a hut or huts in S. No. Street.....................................Ward and in accordance with the provisions of Section 220 of the Andhra Pradesh Municipalities Act, 1965. Information as to the purpose for which the hut is proposed to be constructed, reconstructed or altered or added to, is furnished. I forward herewith (in triplicate) a site plan of the land on which the hut is to be constructed, reconstructed, altered or added to complying with the requirements of Appendix 'C of the rules as far as may be necessary.

I request that the site may be approved and that permission may be accorded to executive the said work.

Signature of the Owner of the Land and hut,

Address ...............................

...............................

Conditions

(i)       I agree not to proceed with the execution of the work until permission is granted or deemed to have been granted by the Commissioner under Section 222 or Section 223 of the Andhra Pradesh Municipalities Act, 1965 as the case may be.

 

(ii)      I agree not to do any work otherwise than in accordance with the permission of the Commissioner or in contravention of any of the provisions of the Andhra Pradesh Municipalities Act, 1965 or any rule, bye-law, order or other declaration made there under, or of any direction or requisition lawfully given or made under the said Act, rules or bye-laws.

 

(iii)     I agree to make any alterations which may be required by any notice issued or by any order confirmed under Section 228 of the Andhra Pradesh Municipalities Act, 1965.

Signature of the Owner of the Hut.

APPENDIX 'C'

[Rule 2 (2) (i)]

The Site Plan

The site plan should comply with the following requirements:-

(1)     It should be drawn to a scale of not less than 1 : 200, provided that where the circumstances as such as to make a smaller scale necessary or sufficient, the plan may, with the consent of the Commissioner be to a scale of 1 : 500.

 

(2)     It should show the boundaries of the site or plot for building.

 

(3)     It should give the survey number of the site or plot.

 

(4)     It should give accurately the dimensions of the site or plot.

 

(5)     It should show the street or streets, with name or names on which the site or plot abuts or those from which access to the site or plot is proposed to be obtained.

 

(6)     It should give the width of the street or streets on which the site or plot abuts or those from which access is proposed to be obtained.

 

(7)     It should show whether the street or streets on which the site or Plot abuts or those from which access is proposed to be obtained are public or private, and if private what the names of the owners of the land occupied by them are and whether they have been formed and metalled. The existing, proposed or approved building lines on each side of the street or streets should also be shown.

 

(8)     It should show the location of the proposed building on the site or plot, and also the location of latrines, urinals, stables, cow sheds, and other appurtenances of the building, as well as the positions and dimensions of the open spaces including the courtyards left in the site or plot forming the cartilage or appurtenance to the building and the passage or means of access provided for scavenging purposes.

 

(9)     It should show the positions of wells, tanks, water courses, if any, in the site or plot and within distance of 25 metres from it in any direction.

 

(10)   It should indicate the position and approximate height of buildings within 15 metres of the site or plot.

 

(11)   It should incorporate the positions and sections of trial pits taken within the site or plot describing, so far as may be necessary and possible the exact nature of soil and sub-soils met him.

 

(12)   It should, so far as may be necessary and possible, record the water-level in the well, any, on the site or plot or in the adjoining wells, if any, with the date on which the observation was taken.

 

(13)   It should give the relative levels of the site or plot with reference to the crown of the street or streets on which the building abuts or those from which access to the building is proposed to be obtained.

 

(14)   It should also show such other particulars required under any bye-laws made by the Municipal Council under Section 330 of the Andhra Pradesh Municipalities Act, 1965.

Note:-

(i)       The Commissioner may require the owner to furnish him with any further information which has been omitted to be furnished.

 

(ii)      It shall not be necessary to comply with requirements of items (10) to (12) in the case of application for the construction or reconstruction of a hut.

 

(iii)     In the case of an application for a hut, only a ground plan and section of the proposed hut showing the position, form and dimensions of the walls, rooms and roof the and position and dimensions of windows or door-ways need be furnished unless otherwise required by the Commissioner.

APPENDIX 'D'

[Rule 2(2) (ii)]

Building Plans

1.        The ground plan, of each floor, elevations and sections of the proposed building should be nearly and accurately drawn to a scale of not less than 1 : 100.

 

2.        The plans and sections should show:-

 

(i)       the depth and width of the foundation and the nature of the soil which the foundation is to rest;

 

(ii)      the level of the lower floor of the building and the level of all court-yards and open spaces, with reference to the level of the surface of the site or ground adjoining the building, and where possible to the level of the crown of the abutting street or streets or those from which access to the building is proposed to be obtained;

 

(iii)     the position, form and dimensions of the walls, rooms, floors, roofs, chimneys and the several parts of the building and also the form and dimensions of any water closet, earth-closet, privy, ash-pit or cesspool to be constructed in connection with the building;

 

(iv)    the lines of drainage of the building, and the position and level of the out-fall of the drains and the position of any sewer with which the drainage is intended to be connected.

 

3.        Where the construction or reconstruction of a building or any temporary or permanent additions or alterations thereto will render any aerial electric supply line, accessible to such building or structure, such line shall be shown both in the plans and sections of the buildings or structures.

 

4.        Where it is intended to use the building or part thereof for any of the purposes specified in Schedule IV of the Andhra Pradesh Municipalities Act, 1965 or as a stable, cattle-shed or cow-house, a slaughter-house, market or cart-stand, the information shall be shown in the plans.

 

5.        The plans should also show the positions and dimensions of windows, doorways and ventilators.

Note:- The Commissioner may require the owner to furnish him any further information, so far as may be necessary, to show whether the building complies with any of the provisions of the Andhra Pradesh Municipalities Act, 1965 and the rules and bye-laws made there under.

APPENDIX 'E'

[Rule 2 (2) (iii)]

Specifications

The following particulars should be incorporated in the specifications:-

1.        The materials and the method of construction to be used for the various parts of the building.

 

2.        The manner in which the roof and house drainage and the surface drainage of the site are proposed to be disposed of.

 

3.        The means of access that will be available for conservancy.

 

4.        The use or uses for which the building is intended.

 

5.        Whether there is within the building or site, or within a reasonable distance there from, a supply of wholesome water sufficient for the domestic purposes of the inmates of the building, if it is intended to be used as a dwelling house.

 

6.        If the building is intended to be used as dwelling for two or more families or as place for carrying on any trade, business or industry in which not less than twenty people may be employed or as a place of public resort, entertainment or other similar purposes, the means of ingress and egress in case of emergency proposed to be provided.

 

7.        The correct extent of the site as a whole, the area occupied by the existing building or buildings, if any, and the total area that will be occupied by all buildings in the site, excluding the buildings, if any, exempted under these rules.

Notes:-

(i)       The above specification shall be required only in the case of a building other than a hut.

 

(ii)      The Commissioner may require the owner to furnish him with any further information, so far as may be necessary to know whether the building satisfies all the requirements of safety and stability.

APPENDIX ' F'

[Rule 8 (5) ]

Dead load of construction materials

APPENDIX "G"

[Rule 8 (5)]

Dead and superimposed loads of floors and roofs (a) Loads on terraced roofs and floors

Note:- Using standard scantlings, the most economical Joint spacing is from 0.4 meter to 0.5 metres the bearing of every beam or girder on a wall shall be not less than three-fourths of the thickness of the wall. Every beam and girder in the building shall be properly supported by a breadth of brick work, stone or other solid substances sufficient to secure stability. 

(b) Loads on Sloping roofs and the pitch of roofs

Note:-

(i)       15 kilograms per square meter may be added to the weight in the last column to allow for weight for rafters in computing scantling of purlins etc.

 

(ii)      Rafter spacing will vary from 0.5 meter to one meter according to class of timber.

 

(iii)     Mangalore tiles with air space are not suitable for localities liable to plague infection.

 

(iv)    Pitch of roof in the al pirts coast will have to be at least 1 to 4.

APPENDIX 'H'

[Rule 8 (14)]

Minimum thickness of external and partly masonry walls (excluding plaster) of residential and business buildings

Note:-

(1)     No storey height is assumed to be more than 4.9 m.

 

(2)     Length of walls is the length measured between buttressing on cross walls properly bounded and built into the main walls to give lateral support.

 

(3)     Thickness of wall shall not be less than 1/16th of storey height.

 

(4)     thickness of the basement wall shall be less than 1/3 of the height of surrounding ground measured from basement floor.

 

(5)     Walls are assumed to carry only distributed loads. Point or concentrated loads where they are not further apart than 1 meter and are provided with a timber beam for proper distribution of these loads are considered as distributed loads.

Schedule - SCHEDULE I

V

SCHEDULE IV

Purposes for which premises may not be used without a License

(Section 263)

(a)      Washing soiled clothes or keeping soiled clothes for the purposes of washing them or keeping washed clothes;

 

(b)      boiling paddy or campor;

 

(c)      melting tallow or sulpur;

 

(d)      storing or otherwise dealing with manure, offal, blood, bones, rags, lides, fish, horns, or skins

 

(e)      washing or drying wool or hair;

 

(f)       making fish-oil;

 

(g)      making soap, dyeing, boiling or pressing oil, burning bricks, tiles pottery or lime;

 

(h)     manufacturing or distilling sago; manufacturing artificial manure; manufacturing beedies or cigars;

 

(i)       manufacturing gunpowder or fireworks:

(j)) ?keeping a public halting place, choultry, or other rest-house for travelers (other than a choultry or rest-house maintained by the Government or a local authority), a hotel, restaurant, eating-house, coffee house, boarding house or lodging house (other than a students' hostel under public or recognized control):

(k)?? ?keeping a shaving or hair-dressing saloon;

(l)??? ?keeping together twenty or more sheep or goats or ten or more pigs or head of cattle;

(m)? ?preparing flour or articles made of flour for human consumption or sweet-meats;

(n) ??manufacturing ice aerated waters;

(o) ??brewing beer, manufacturing arrack or other spirit containing alcohol whether denatured or not, by distillation;

(p) ??selling or storing for sale timber, jute, fiber, firewood, hay, grass, straw, thatching materials, coal, charcoal and oils of all kinds;

(q)?? ?manufacturing jiggery, sugar-candy or syrup otherwise than as a cottage industry by tappers or persons in enjoyment of the trees carried on in their own premises;

(r) ???selling or storing for sale any explosive or combustible materials:

Provided that no license shall be required for storing petroleum and its products in quantities exceeding those to which the operation of this Act is limited by the provisions of the Petroleum Act, 1934 (Central Act 30 of 1934), or the rules or notifications issued there under;

(s) ???selling cotton wholesale or retail or storing cotton for wholesale or retail trade or for conversion into yarn;

(t) ???manufacturing anything from which offensive or unwholesome smells arises;

(u) ??using for any industrial purpose any fuel or machinery other than such machinery as may, by notification in the Andhra Pradesh Gazette, be exempted by the Government from time to time; and

(v)? ?in general, doing in the course of any industrial process anything which is likely to be dangerous to human life or health or property:

Provided that no license shall be required for the storage of timber, firewood, thatching materials hay, grass, straw, fiber, or coal or for boiling paddy or for keeping soiled clothes or washed clothes or washing soiled clothes when such storage or boiling, keeping or washing is for private use:

Provided further that no license shall be required under this Act for a lodging house as defined in the Andhra Pradesh (Andhra Area) Public Health Act, 1939 (Act III of 1939), if the keeper thereof has been registered under that Act.

Schedule - SCHEDULE V

SCHEDULE V

List of Infectious Diseases

(Section 309)

 

Schedule - SCHEDULE V

I

SCHEDULE VI

Ordinary Penalties

(Section 336)

Schedule - SCHEDULE V

II

 

SCHEDULE VII

Penalties for Continuing Breaches

(Section 336)

Schedule - SCHEDULE V

III

SCHEDULE VIII

(Section 123)

PART A

List of municipalities in the Andhra Pradesh area constituted prior to the 1st April, 1961 for which compensation towards loss of income from tolls or vehicle tax or both is payable

PART-B

List of municipalities in the Telangana area constituted prior to the 1st April, 1961 for which compensation towards loss of income from tolls on animals and vehicles is payable

PART-C

List of municipalities in the Andhra Area for which compensation towards loss of income from fees or license granted to motor vehicles is payable

Schedule - SCHEDULE I

X

SCHEDULE IX

Transitional Provisions

(Section 389)

1. Definitions.--

In these rules, unless the context otherwise requires.

(a)      "Andhra Municipalities Act" means the Andhra Pradesh (Andhra Area) District Municipalities Act, 1920 (Act V of 1920), and "Hyderabad Municipalities Act" means the Andhra Pradesh (Telangana Area) District Municipalities Act, 1956 (Act XVIII of 1956);

 

(b)      "Council" means-

 

(i)       a municipal council constituted or deemed to have been constituted under the Andhra Municipalities Act; or

 

(ii)      a municipal committee constituted or deemed to have been constituted for a city municipality under the Hyderabad Municipalities Act; and in existence at the commencement of this Act;

 

(c)      "Councilor" means a member of the council;

 

(d)      "Chairman" includes the president, and 'Vice-Chairman' includes the vice-president of the municipal committee of a city municipality referred to in sub-clause (ii) of clause (b).

2. Existing Municipalities and city Municipalities to be deemed municipalities.--

(1)     Every local area which at the commencement of this Act is municipality under the Andhra Municipalities Act or a city municipality under the Hyderabad Municipalities Act shall be deemed to have been declared a municipality under this Act.

 

(2)     Every council in existence at the commencement of this Act shall be deemed to be a council constituted under this Act.

3. Total number of councilors of municipalities.--

(1)     Not with standing any thing in this Act, the total number of the councilors of a council that is deemed to have been constituted under Sub-rule (2) of Rule 2 shall, until the first reconstitution of the council under this Act, be of the same number as that of the council at the commencement of this Act and on such commencement the ex officio councilors specified in Sub-section (2) of Section 5 and the alderman when elected under Section 9, shall also be the members of the council.

 

(2)     Where, in the case of any council as deemed to have been so constituted, the total number of members thereof exceeds the total number of councilors notified for the council under sub-section (1) of Section 5, the Director of Municipal Administration shall, subject to such directions as the Government may give in this behalf, declare by a notification as to which of the members holding office on the date of commencement of this Act shall be deemed to be in excess.

 

(3)     Any vacancy in the office of councilor so declared to be in excess shall not be filled.

4. Councilors holding office at the commencement of this Act to be deemed to be elected councilors under this Act.--

(1)     The councilors of a council holding office at the commencement of this Act shall be deemed to have been elected as councilors of that council under this Act, and they shall subject to the provisions of Sections 16 and 19, continue to hold office-

 

(i)       if the date on which the councilors elected at the last ordinary elections came into office falls on the first day of July, for a period of five years commencing on and from such date; and

 

(ii)      if such date falls on a day other than the 1st day of July, up to noon on the 1st day of July immediately preceding the expiration of a period of five years from such date: Provided that the members of a municipal committee constituted for a city municipality under the Hyderabad Municipalities Act holding office at the commencement of this Act shall, subject to the provisions of Sections 16 and 19, continue to hold the office of councilors until the expiration of their term or extended term of office as determined under the provisions which were applicable to them immediately before such commencement.

 

(2)     Where the date of expiration of the term or extended term of office of the councilors of a council, determined under sub-rule (1) fell before the date of commencement of this Act or falls within a period of three months after that date or where in the opinion of the Government, there is any difficulty in precisely fixing such date, the Government may from time to time, fix a date up to noon on which the term of office of such councilors shall be extended.

 

(3)     The Government shall arrange to have the council reconstituted by election under this Act, before the date of the expiration of the term of office of the councilors determined under sub-rule (1) or fixed under sub-rule (2), so that the newly elected councilors may enter office at noon on the date of expiration of such term of office.

 

(4)     Where the date on which the newly elected councilors so enter office falls-

 

(a)      on the 1st day of July, they shall hold office for a period of five years from noon on the 1st day of July aforesaid, that is, up to noon on the 1st day of July on which a period of five years will expire; and

 

(b)      on a date other than the 1st day of July, they shall hold office up to noon on the 1st day of July immediately proceeding the expiration of a period of five years such date.

5. Existing wards to continue.--

Any division of the municipality into wards, made or deemed to have been made, under the Andhra Municipalities Act or the Hyderabad Municipalities Act and in force at the commencement of this Act, shall be deemed to be the division of the municipality into wards made under this Act ; and the councilors representing the wards shall, subject to the provisions of Rule 4, be deemed to represent them on and from the commencement of this Act:

Provided that where the municipality had not been divided into wards before the commencement of this Act, or where the division into wards in force in the municipality needs, in the opinion of the Government, to be revised to bring it in accordance with the provisions of this Act, the Government shall, by notification in Andhra Pradesh Gazette, divide the municipality into wards and determine the ward which each of the councilors including the Chairman or Vice-Chairman shall be deemed to represent; and if there is any casual vacancy in the office of any member of the council immediately before the commencement of this Act, the said notification shall determine to which of the wards the vacancy shall be assigned.

Explanation.--The expression * 'ward' in relation to a "city municipality" means a constituency.

6. Reservation of seats to continue in the case of Scheduled Castes and Scheduled Tribes.--

The reservation of seats for the members of the Scheduled Castes or Scheduled Tribes or both made under the Andhra Municipalities Act or Hyderabad Municipalities Act, and in force at the commencement of this Act, shall be deemed to have been made under this Act.

7. Pilling up of casual vacancies.--

Any casual vacancy in the office of Chairman, Vice-chairman or councilor, which is in existence at the date of commencement of this Act or which may occur thereafter but prior to the first reconstitution of the council by election under this Act shall subject to sub-rule (3) of Rule 3, be filled by casual election held under this Act and the term of office of the Chairman, Vice-chairman or councilor elected at such casual election, shall expire on the date on which his predecessor in whose place he is so elected. would have vacated office under this Act.

8. Appointment of Special Officer when term of members exceeds five years on the commencement of this Act.--

(1)     Where the members of a council have been in office for more than five years on the commencement of this Act, the Government may, for reasons to be recorded, appoint a special officer for such council to exercise the powers and perform the functions of the council and its Chairman and the Commissioner and the provisions of Section 7 shall apply to such a case.

 

(2)     On the appointment of such special officer all the members of the council including its Chairman and Vice-chairman shall vacate office.

9. Reconstitution of council dissolved or superseded before the commencement of this Act.--

Any council dissolved or superseded under the Andhra Municipalities Act or the Hyderabad Municipalities Act and awaiting reconstitution at the commencement of this Act shall be reconstituted in accordance with the provisions of this Act.

10. Constitution of councils for local areas notified before the commencement of this Act.--

Where, before the commencement of this Act, any local area was notified under the Andhra Municipalities Act or the Hyderabad Municipalities Act for constituting a-council, but no council was constituted the special officer appointed, if any, therefore, shall be deemed to have been appointed under this Act and the provisions of Section 7 shall apply to such a case. Where no such special officer was appointed, a special officer shall be appointed for such a local area as if it has been notified under this Act on the date of the commencement of this Act.

11. Devolution of property, rights and liabilities.--

(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, any council, as well as all liabilities legally subsisting against it shall, on and from the date of commencement of this Act and subject to such directions as the Government may by general or special order, give in this behalf, pass to such council as "hall be deemed to be constituted under this Act.

 

(2)     All arrears of taxes or other payments by way of composition for a tax or due for expenses or compensation or otherwise due to a council at the commencement of this Act may be recovered as if they had accrued under this Act.

 

(3)     All proceedings taken by or against any council or other authority or any person under the Andhra Municipalities Act or the Hyderabad Municipalities Act may, in so far as they are not inconsistent with this Act be continued by or against such council, authority or person under this Act.

12. [321][Levy of taxes, etc.].--

Any tax, cess or fee which was being lawfully levied by or on behalf of any council at the commencement of this Act and which may be lawfully levied under this Act, shall notwithstanding any change in the method or manner of assessment or levy of such tax, cess or fee be levied by or on behalf of the council at such rate as may be prevailing at such commencement or at such other rate as may be determined by the council from time to time, by a resolution for the year in which this Act is brought into force, and unless the Government by general or special order otherwise direct, for subsequent years also:

[322][Provided that the levy of such tax, cess or fee shall be applicable, in respect of every local area or any portion thereof included in a municipality by virtue of notification under Section 3, and in respect of any building newly constructed within a municipality after the commencement of this Act.]

13. Action taken under Andhra Municipalities Act or Hyderabad Municipalities Act to continue.--

Any action taken under the Andhra Municipalities Act or the Hyderabad Municipalities Act by any authority before the commencement of this Act, shall, unless inconsistent with this Act, be deemed to have been taken by the authority competent to take such action under this Act unless superseded by action taken by such authority. Whether it be the same as the authority competent to take such action under the Andhra Municipalities Act or the Hyderabad Municipalities Act or not.

14. Removal of difficulty.--

If any difficulty arises in giving effect to the provisions of these rules, the Government, as occasion may require, may, by notification in the Andhra Pradesh Gazette do anything which appears to them to be necessary for the purpose of removing the difficulty.