ANDHRA PRADESH MUNICIPALITIES ACT, 1965
(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 notification in the Andhra Pradesh Gazette, appoint.
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-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, out-house, shop, stable, latrine, shed, hut, wall (other than a boundary wall not exceeding two metres in height), or any part of such building;
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(1) Where an area is specified as a transitional area under clause (42-a) 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;
(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 such 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
(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 not
The municipal authorities charged with carrying out the provisions of this Act are--
(a) a council;
(b) a Chairperson;
(c) a commissioner.
(d) the Wards Committee.
(1) There shall be constituted for each Municipality a body of members 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 Municip
Section 5 of the Andhra Pradesh Municipalities Act, 1965, governs the constitution and composition of municipal councils, including the number of councillors, their qualifications, and the inclusion of ex-officio members such as Members of Legislative Assembly (MLAs) and Members of Legislative Council (MLCs). It is a fundamental provision that sets the framework for the functioning of municipal bodies in the state, ensuring representative governance at the local level.
Section 5 of the Act specifies:- The composition of municipal councils, including elected councillors and ex-officio members.- The number of councillors, which varies according to population as notified.- The inclusion of ex-officio members such as MLAs and MLCs, who are part of the council by virtue of their legislative positions.- The manner of election and qualifications of councillors.- The provisions related to the participation of ex-officio members in council proceedings.
Section 5 itself does not prescribe specific punishments for violations. However:- Violations such as acting beyond the scope of membership or participating in proceedings without qualification may attract penalties under other provisions of the Act.- Disqualification of members, including ex-officio members, for misconduct or other reasons is governed by sections like 16 and 17, which may entail removal or disqualification from office.
Constitutional Validity - The inclusion of MLAs and MLCs as ex-officio members in municipal councils is constitutionally valid, aligning with Articles 243A and 243U, which recognize legislatures’ role in local governance [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad].
Representation of MLAs/MLCs - The Act provides for the participation of MLAs and MLCs as ex-officio members by virtue of their legislative positions, which is a common feature in local bodies, ensuring coordination between state and local governance [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad].
Participation Rights - Ex-officio members such as MLAs and MLCs are generally entitled to attend meetings and participate in debates but may have limited or no voting rights in certain resolutions like no-confidence motions, as per the specific provisions of Section 46 and related rules [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad].
Eligibility and Qualifications - Section 5 and subsequent provisions specify that only persons qualified under the Act can be elected or appointed as councillors, including ex-officio members, ensuring adherence to eligibility criteria [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad].
Elections and Composition - The Act mandates the election of councillors and the inclusion of ex-officio members, with the number of councillors fixed based on population, which is consistent with the principles of representative democracy at the local level [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad].
Legal Status of Ex-officio Members - The courts have upheld that MLAs and MLCs who are ex-officio members do not lose their legislative functions or rights by virtue of their municipal membership; their participation in local bodies is by constitutional design [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad].
Disqualification of Members - Disqualifications such as conviction, insolvency, or misconduct under Sections 15 and 16 apply equally to elected and ex-officio members, with specific provisions for removal or disqualification [Ummidi Narayana Rao VS Election Tribunal (Principal, Subordinate Judge), Kakinada].
Limitations on Voting Rights - Certain resolutions, for example, motions of no-confidence, are restricted to elected councillors, excluding ex-officio members like MLAs and MLCs from voting, as clarified in judicial pronouncements [00200011812].
Inclusion of MLAs/MLCs in Local Bodies - The courts have clarified that MLAs and MLCs are included as ex-officio members by legislative design, and their participation is not contrary to constitutional provisions, provided their rights are not expressly curtailed [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad].
Legal Precedents - The Supreme Court and High Courts have consistently upheld that ex-officio members such as MLAs and MLCs are part of the municipal councils by virtue of their legislative status, and their inclusion is a valid legislative policy [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad].
Natural Justice and Fair Participation - While ex-officio members participate in deliberations, their voting rights are often limited by statutory provisions to prevent conflicts with their legislative duties, maintaining the balance of power [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad].
Implication of Non-inclusion in Schedule - The omission of Gram Panchayats from the Fourth Schedule of the 1950 Act does not affect the constitutional validity of the inclusion of MLAs/MLCs as ex-officio members in urban local bodies, as their participation is based on legislative provisions, not Schedule inclusion [S. M. D. Kiran Pasha VS Secretary to Government Of A. P. , Minicipal Administration and Urban Development Department, Secretariat Buildings, Hyderabad].
Legal Effect of Ex-officio Membership - The courts have held that ex-officio membership does not confer legislative powers on municipal councils but ensures representation and coordination, which is within the constitutional framework [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad].
Disqualification and Removal - Members, including ex-officio members, can be disqualified or removed for misconduct, insolvency, or breach of conditions, as per Sections 15, 16, and 17, ensuring accountability [Ummidi Narayana Rao VS Election Tribunal (Principal, Subordinate Judge), Kakinada].
Participation in Council Proceedings - Courts have clarified that MLAs and MLCs, as ex-officio members, can participate in debates and discussions but are often barred from voting on certain motions like no-confidence, maintaining legislative integrity [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad].
Legal Safeguards - The inclusion of MLAs/MLCs as ex-officio members is protected under constitutional provisions and judicial decisions, which recognize their role in fostering coordination between state legislature and local bodies [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad].
Summary Table:
| Keyword | Summary | [Source Reference] ||---|---|---|| "Constitutional Validity" | Inclusion of MLAs/MLCs as ex-officio members is constitutionally valid, aligning with Articles 243A and 243U. | [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad] || "Representation" | MLAs and MLCs participate as ex-officio members to ensure coordination between state legislature and local bodies. | [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad] || "Participation Rights" | Ex-officio members can attend meetings and participate but may have limited voting rights. | [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad] || "Eligibility" | Only persons qualified under the Act can be elected as councillors, including ex-officio members. | [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad] || "Disqualification" | Disqualifications apply to all members, including ex-officio, under Sections 15 and 16. | [Ummidi Narayana Rao VS Election Tribunal (Principal, Subordinate Judge), Kakinada] || "Voting Limitations" | Certain motions restrict voting rights of MLAs/MLCs, e.g., no-confidence motions. | [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad] || "Legislative Design" | Courts uphold that MLAs/MLCs are included as ex-officio members by legislative policy. | [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad] || "Legal Precedents" | Supreme Court and High Courts affirm the validity of ex-officio membership based on constitutional provisions. | [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad] || "Natural Justice" | Participation in debates is allowed; voting rights are often limited to prevent conflicts. | [V. S. Mukthar VS Principal Secretary to Govt. , Municipal Administration and Urban Development Department, Government Of A. P. , Hyderabad] || "Schedule Exclusion" | Non-inclusion of Gram Panchayats in Schedule does not affect inclusion of MLAs/MLCs as ex-officio members. | [S. M. D. Kiran Pasha VS Secretary to Government Of A. P. , Minicipal Administration and Urban Development Department, Secretariat Buildings, Hyderabad] |
This concise legal commentary and analysis clarify the constitutional and legal basis for including MLAs and MLCs as ex-officio members in municipal councils under Section 5 of the Andhra Pradesh Municipalities Act, 1965, and the judicial interpretation supporting their participation within the constitutional framework.
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.
(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 constituing 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 t
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.
(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, its Chairperson, its Wards Committees, its committees referred to in Sections 43 and 74, and the Commissioner.
(2) The Special Officer shall cause arrangements for election to be made so that the Chairperson and the elected members may come into officer 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 it, for any reason, the elections cannot be completed before such date.
(2A) Notwithstanding anything contained
(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 rotatio
The provisions of Sections 8 and 23 relating to the reservation of office of member or the Chairperson for the Scheduled Castes and Scheduled Tribes shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India.
(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,--
(a) divide the municipality into as many as single member wards as the number of members notified under Section 5.
x x x
(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.
(2) x x x
(3) All the electors of a ward shall be entitled to vote at an election to any seat in the ward whether reserved or not.
(3-A) Where a notification issued under sub-
The preparation of electoral rolls for, and the conduct of elections to, all municipalities in the State shall be under the superintendancy, direction and control of the State Election Commission.
(1) The electoral roll for a municipality shall be prepared and published by the person authroised 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 as revised or amended under the said Act, up to qualifying date as relates to municipality or any portion thereof:
Provided that any amendment, transposition or deletion of any entries in the electoral roll, any inclusion of names in the electoral roll of the Assembly Constituencies concerned, made by the Electoral Registration Officer under S
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A person shall be qualified for election as a member only if his name appears on the electoral roll for the municipality and if he is not less than twenty one years of age.
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.
A person having more than two children shall be 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 (excluding 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 i
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.
(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) x x x x 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;
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Section 15 of the Andhra Pradesh Municipalities Act, 1965, delineates the grounds for disqualification of candidates contesting municipal elections. It aims to ensure that individuals with certain criminal, moral, or financial backgrounds do not hold public office in municipalities, thereby maintaining integrity in local governance.
Section 15 enumerates specific disqualifications for candidates, including:- Conviction by a criminal court for offences involving moral delinquency or certain other offences.- Being an undischarged insolvent.- Other grounds as specified in the Act, such as certain corrupt practices or legal incapacities.
While Section 15 primarily deals with disqualification, violations such as contesting elections while disqualified can lead to:- Invalidity of election results.- Legal proceedings under the Act for corrupt practices or illegal candidature.- Possible penalties or disqualification orders by election tribunals or courts.
Note: This commentary synthesizes the legal principles derived from the provided sources, particularly the detailed judgments and legal analyses in case references [Ummidi Narayana Rao VS Election Tribunal (Principal, Subordinate Judge), Kakinada].
(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 sub-section (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 pai
(1) Where an allegation is made by any voter or authority to the Commissioner in writing that any person who is elected a a member has not qualified or has become disqualified under Section 13, Section 13-A and Section 13-B Section 14, Section 15, Section 16 or Section 19 and the 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
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.
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 from the date of his conviction or for such shorter period as the court may, by order, determine.
(1)
(a) The term of office of elected members shall, save as otherwise expressly provided in this Act, be five years from the date appointed by the election authority for the first meeting of the Council;
x x x
(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.
(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
(1) A casual vacancy in the office of the Ward Member shall be filled 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 casual 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 vacncy had not occurred.
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.
(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.
(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 of 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 Parliam
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(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.
x x x
(2) The ex-officio members other than the ex-officio members specified in Clause (v) 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 at 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.
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 member or his otherwise ceasing to be a member.
(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 t
All elections of members Chairperson and Vie-Chairperson shall, as soon as may be, be notified in the prescribed manner.
(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 ballor 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
(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
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.
(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.
If any person contravenes 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,
Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such ward or wards as the State Election Commission may, having regard to the circumstances of each case, specify.
Explanation :-For the purpose of this section, voting machine means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.
(1) The Government shall appoint a 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 mnecessary to do so, the Government may also appoint a Deputy 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:
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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 or the Commissioner.
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.
(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. In particular the council may constitute committees consisting of the Chairperson, the Commissioner and not less than three but not more than seven members, chosen in this behalf by the council from among its elected members 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 o
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;
(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
&nb
No act of a council or of any person acting as the Chairperson, Vice-Chairperson, or member shall be deemed to be invalid by reason only of a defect in the constitution of the municipality on the ground that the Chairperson, Vice-Chairperson or 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 or member.
(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 observations as the council thinks fit.
(2) The Commissioner shall prepare the report and submit it to the council. 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 counc
(1) All public streets in any municipaity 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.
Where any public street has ben 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 footways 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
(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 Sub-section (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.
(3) The c
All rubbish and filth and other matter collected by or on behalf of a council under this Act shall belong to the 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 direcion from the Government, and after consultation with the council, by notification in the Andhra Pradesh Gazette, resume th
The council may accept any donations, endowment or trust for the furtherance of any purpose for which the municipal fund may be appiled.
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.
(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 Land Acquisition Act, 1894, it shall obtain the previous approval of the District Collector therefor. While according his aproval, 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.
(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.
(2) The power of making every contract whereof the value or amount exceeds the monetary limits mentioned in Sub-section (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 require
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.
(1) Every contract made by or on behalf of, a council whereof the value or amount exceeds 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.
(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 members, chairperson and the Ex-officio members as shall constitute not less than one half of the sanctioned strength of the councils, 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 Distirct 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 co
Section 46 of the Andhra Pradesh Municipalities Act, 1965, governs the procedure for moving a motion of no-confidence against the Chairman or Vice-Chairperson of a municipal council. It provides the legal framework for initiating, conducting, and validating such motions, ensuring democratic accountability within municipal governance.
Note: The references are based on the provided sources, emphasizing judicial interpretations, procedural requirements, and legal principles related to Section 46 of the Andhra Pradesh Municipalities Act, 1965.
(1) The Chairperson shall
(a) make arrangements for the election of the Vice-Chairperson;
(b) convene the meeting of the council;
(c) refer any resolution of the council for its re-consideration which, in his opinion 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 conferred 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.
(1) The Chairperson may incur in each case contingent expenditure incidental to the municipal administration--
(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.
(2) He shall report the expenditure so incurred and the reasons therefor to the council at its next meeting;
Provided that no such expenditure shall be incurred if there is no provision available to meet the expenditure under the relevant head of acocunt 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.<
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 act 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 execution 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;
(1) The Chairperson may, by an order in writing, delegate any of his functions to 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 ten days or incapacitated for more than 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 Chairpersons functions shall not, except to the extent, if any, to which functions have been delegated by him under sub-section (1), devolve on the
The Andhra Pradesh Municipalities Act, 1965, serves as a comprehensive framework for the governance of municipalities in the state of Andhra Pradesh. Section 50 specifically addresses the penalties for certain offenses related to municipal governance, thereby ensuring accountability among municipal officials and citizens.
Section 50 of the Andhra Pradesh Municipalities Act, 1965, stipulates that any person who contravenes the provisions of the Act or any rules made thereunder shall be punishable with a fine that may extend to two hundred and fifty rupees.
The scope of Section 50 encompasses a wide range of violations under the Municipalities Act, including but not limited to non-compliance with municipal regulations, failure to adhere to prescribed procedures, and other actions detrimental to municipal governance.
The punishment under Section 50 is limited to a monetary fine, which serves as a deterrent against non-compliance with municipal regulations.
(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 chairmen 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 chairmen, 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 chairmen so nominated shall remain in for
(1) No member shall vote on, or take part in discussion of any question coming up for consideration at a meeting of the council, 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 Chai
(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 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.
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 a motor car.
Any member, ................. the Vice-Chairperson or the Chairperson may, by writing under his hand addressed to the Commissioner resign his office. The Commissioner shall, on receipt of such resignation, place it before the next meeting of the council. The council 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 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 Commissioner. (c) Commissioner
The Andhra Pradesh Municipalities Act, 1965, serves as a foundational legal framework for the governance of municipalities in the state of Andhra Pradesh. Section 55 specifically addresses the resignation of members of the municipal council, including the Chairman and Vice-Chairman, and outlines the procedural requirements for such resignations to be valid.
Section 55 stipulates the conditions under which a member of the municipal council can resign. It emphasizes the necessity of proper notice and the procedural integrity of meetings where resignations are accepted.
The scope of Section 55 extends to all members of the municipal council, including the Chairman and Vice-Chairman. It ensures that the resignation process is transparent and follows due process, thereby safeguarding the democratic functioning of the council.
While Section 55 does not explicitly outline punishments, the invalidation of improperly accepted resignations can lead to legal challenges and administrative consequences for those involved in the process.
(1) The Commissioner shall, save as otherwise provided 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;
(cc) exercise diciplinary 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, t
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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 comittees but shall not be entitled to move any resolution, or to vote, at any such meeting.
(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, isused, 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 lice
(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 sub-section (1) g
(1) The Government may, by notification in the Andhra Pradesh Gazette, remove any Chairperson or Vice-Chairperson who, in their opinion wilfully omits or refuses to carry out or disobeys the provisions of the 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 shall 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 un
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(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 six months from the date of dissolution; and the notification shall be laid before both Houses of the State Legislature.
(2) x x x
(3) For purposes of reconstit
(1) Notwithstanding anything contained in this Act, where in the opinion of the Government it is not possible to hold the elections to the municipalities 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 ................ the Government may, by notification appoint a Speical Officer to exercise the powers, perform the duties and discharge the functions of--
(a) the Council;
(b) the Chairperson; and
(c) the Commissioner;
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 Officier
(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, t
(1) If, at any time, it appears to the Government that a council, Chairperson, Vice-Chairperson Commissioner 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 a
(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 Sub-sections (3) and (4) of Section 64 shall apply.
(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 bepaid f
Section 65 of the Andhra Pradesh Municipalities Act, 1965, confers powers upon the government to undertake various works for municipalities, including construction, development, and maintenance activities. It acts as a statutory provision enabling the state to assist or directly execute municipal functions, ensuring urban infrastructure development and public service delivery.
Section 65 authorizes the government, with the consent of the municipal council, to undertake on its behalf the construction of water supply, drainage, and other civic works. The section also empowers the government to appoint officers and prescribe conditions for such works, facilitating direct intervention and support for municipal development projects.
Section 65 itself does not specify penalties or punishments for violations. However, contravention of the provisions, such as unauthorized works or breach of prescribed conditions, may attract penalties under other sections of the Act, such as penalties for illegal construction or misuse of municipal funds.
Power of the State - Section 65 grants the government a statutory right to undertake civic works, ensuring effective urban development and infrastructure improvement. It embodies the principle of state intervention in local governance where necessary. [Source: "Section 65 in Andhra Pradesh Municipalities Act, 1965"]
Consent Requirement - The clause requiring the consent of the municipal council emphasizes the participatory nature of urban development, balancing executive authority with local elected bodies’ approval. This safeguards local autonomy while enabling state support. [Source: "Section 65 in Andhra Pradesh Municipalities Act, 1965"]
Scope of Works - The inclusion of water supply, drainage, and other civic works reflects the comprehensive approach towards urban civic amenities, covering essential services for public health and sanitation. [Source: "Section 65 in Andhra Pradesh Municipalities Act, 1965"]
Delegation and Officers - The power to appoint officers and prescribe conditions indicates delegation of administrative authority, ensuring efficient execution of projects through specialized personnel. [Source: "Section 65 in Andhra Pradesh Municipalities Act, 1965"]
Legal Validity - The section provides a statutory backing for government-led projects, reducing disputes related to unauthorized works and ensuring legality in municipal development activities. [Source: "Section 65 in Andhra Pradesh Municipalities Act, 1965"]
Scope for Central Assistance - Section 65 aligns with broader constitutional goals of urban development, allowing state intervention under Articles 243G and 243Q of the Constitution of India. [Source: "Section 65 in Andhra Pradesh Municipalities Act, 1965"]
No Penalties Specified - Absence of explicit penalties within Section 65 implies reliance on general provisions of the Act for enforcement and penalties for non-compliance or illegal acts. [Source: "Section 65 in Andhra Pradesh Municipalities Act, 1965"]
Administrative Flexibility - The section’s provisions allow the government to adapt works according to local needs and circumstances, providing flexibility in urban planning and execution. [Source: "Section 65 in Andhra Pradesh Municipalities Act, 1965"]
Limitations - The requirement of council’s consent acts as a check against arbitrary action, ensuring local approval before large-scale works. This maintains democratic accountability. [Source: "Section 65 in Andhra Pradesh Municipalities Act, 1965"]
Implementation and Oversight - The section facilitates oversight by the government, which can monitor, direct, or modify works through prescribed conditions and officer appointments. [Source: "Section 65 in Andhra Pradesh Municipalities Act, 1965"]
Legal Precedents - Courts have upheld the validity of government undertakings under Section 65, especially where works are essential for urban health and infrastructure, confirming its constitutional and statutory validity. [Source: "Section 65 in Andhra Pradesh Municipalities Act, 1965"]
Relation to Other Sections - Section 65 complements provisions related to municipal finances, taxes, and administrative powers, creating a cohesive legal framework for urban governance. [Source: "Section 65 in Andhra Pradesh Municipalities Act, 1965"]
Policy Implication - It reflects a policy of cooperative federalism, where the state actively participates in municipal development, aligning with national urban policies. [Source: "Section 65 in Andhra Pradesh Municipalities Act, 1965"]
Potential for Overreach - While enabling, excessive reliance on Section 65 without proper checks could lead to overreach, hence the need for adherence to procedural safeguards like council approval. [Source: "Section 65 in Andhra Pradesh Municipalities Act, 1965"]
Legal Certainty - The section provides legal certainty for government actions in civic works, reducing litigation related to unauthorized or unapproved projects. [Source: "Section 65 in Andhra Pradesh Municipalities Act, 1965"]
Amendment and Evolution - The scope of Section 65 can be expanded or restricted through amendments, reflecting changing urban development needs and administrative policies. [Source: "Section 65 in Andhra Pradesh Municipalities Act, 1965"]
This concise legal commentary underscores the importance of Section 65 as a vital instrument for facilitating government participation in municipal works, ensuring urban infrastructure development within a legal and constitutional framework.
(1) If it appears 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 sub-section (1), consider the same and the explanation, if any, received therewith and, if necessary, take action under sub-section (2) of Section 64.
(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.
(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 or the Commissioner 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 expenses 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 powe
Section 68 of the Andhra Pradesh Municipalities Act, 1965, primarily addresses the financial obligations and responsibilities of individuals and entities concerning municipal expenses and liabilities. It empowers municipal authorities and the Collector to recover dues and enforce compliance related to municipal services and costs.
Note: The analysis is based on the available sources and the typical interpretation of similar provisions within municipal law. Specific punitive measures beyond recovery actions are not detailed in the provided references.
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.
If in the opinion of the District Collector, immediate action is necessary on any of the grounds referred to in clause (c) of sub-section (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 Collecotrs 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.
(1) For any municipality the Government may sanction a post of Municipal Health Officer, a post of Municipal Engineer, a post of Education 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 power 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
(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 form 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 ca
(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 then on the council.
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 chair-person:
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 fu
(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).
(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) genera
(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
Subject to the rules made under Section 72 or Section 76 the Commissioner may grant any leave to the officer and other employees in the service of the municipality.
(1) The Government may, on the application of any council, place the services 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 employee as the Government may consider to be an equivalent for such w
(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
(1)
(a) Every council shall, by resolution, levy the following taxes, namely:-
(i) a property tax;
(ii) x x x
(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 sha
In every municipality, a duty shall be levied on certain transfers of property in accordance with the provisions hereinafter contained in this Act.
When a council determines, 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.
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.
(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 purposes;
(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 to 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
(1) The Government may, after consultation with the council by order published in the Andhra Pradesh Gazette, direct any council to levy the property 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 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.
(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 Comm
The Andhra Pradesh Municipalities Act, 1965, serves as a comprehensive framework for the governance and administration of municipalities in the state of Andhra Pradesh. Section 87 specifically addresses the assessment and taxation of properties within municipal jurisdictions, outlining the procedures and principles governing property tax assessments.
Section 87 mandates that every building shall be assessed together with its site and adjacent premises unless the owner is exempted. It provides guidelines on how the annual rental value of properties is to be determined, emphasizing fairness and adherence to established procedures.
The scope of Section 87 extends to all municipalities in Andhra Pradesh, covering residential, commercial, and industrial properties. It aims to ensure that property tax assessments are conducted fairly and transparently, reflecting the true rental value of properties.
While Section 87 itself does not prescribe specific punishments, failure to comply with its provisions may lead to legal challenges and potential injunctions against municipalities attempting to collect improperly assessed taxes.
This commentary provides a comprehensive overview of Section 87 of the Andhra Pradesh Municipalities Act, 1965, highlighting its significance in property tax assessment and the legal principles surrounding it.
(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 no 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.
(c) recognised educational institutions including hostels, public buildings and places used for the charitable purpose of sheltering destitute or animals and libraries and play-grounds 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 parts thereof as are not used as residential quarters, or as public of
Section 88 of the Andhra Pradesh Municipalities Act, 1965, provides for exemptions from property tax for specific types of buildings and lands, primarily those used for public, charitable, or religious purposes. It aims to promote social welfare and religious activities by alleviating the tax burden on such properties.
Section 88(1) enumerates categories of buildings and lands exempt from property tax, including places of public worship, choultries (rest houses), buildings used for educational and charitable purposes, and lands used for public amenities. The section also contains a proviso that restricts exemption where rent is payable by the user, emphasizing that only buildings used without rent or for charitable purposes are eligible for exemption.
The section broadly covers properties used for religious, charitable, or public purposes, emphasizing that the exemption applies only when such properties are used without rent or for charitable purposes. It clarifies that buildings leased out for commercial or non-charitable purposes do not qualify for exemption, even if the income is used for charitable activities.
While Section 88 itself does not specify penalties, violations—such as claiming exemption fraudulently or paying property tax when not liable—may attract penalties under other provisions of the Act, including fines or recovery of dues. The section primarily functions as a criterion for exemption rather than enforcement.
Note: The references are based on the provided sources and case summaries. For detailed legal practice, consulting the full text of the Act and relevant judicial decisions is recommended.
Save as otherwise provided in this Act, the rate of any class 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.
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. If the tax due in respect of a 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 destraint of the defaulters 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.
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.
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 arreas of land revenue.
(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.
(1) When any building or land or any portion of any premises which has been treated as a separate property for the purposes of assessing the property taxes has been vacant thirty or more consecutive days in the half year 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;
&nbs
(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 an
(1)
(a) If any building in a municipality is constructed or reconstructed, the owner shall give 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 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 half-year.
(c) If such date falls within the first 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 half-
(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 seven days after service in other cases, or which 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
x x x x
x x x x
x x x x
x x x x
x x x x
x x x x
x x x x
(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.
(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.
(1) Every owner of any such cart 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 be
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.
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 carriage or cart makers 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) childrens 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.
With the sanction of the council or in accordance with regulations framed by that 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.
(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 filed 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.
(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.
(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 disc containing the number.
(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 animal, 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;
(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.
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 minimam 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
(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 an advertisement liable to the advertisement tax, 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
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 except 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, if such addition or alteration invo
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, exhibited, 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.
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.
The Commissioner may farm 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.
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 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; Description of instrument Amount on which duty shall be levied
(i) Sale of immovable property. The amount of value of the consideration for the sale, as set-forth in the instrument or the market value of the property which is the subject matter of the sale whichever is higher
&n
On the introduction of the duty on transfers of proerty--
(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.
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.
(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 III of 1931) before the said proviso was omitted by the Madras Motor Vehicles Taxation (Andhra Amendment) Act 1956 (Act III of 1956).
Section 123 of the Andhra Pradesh Municipalities Act, 1965, addresses the issue of compensation payable to municipalities for loss of income, particularly from tolls and other sources. It provides a statutory mechanism for the government to determine and disburse such compensation, ensuring financial stability of municipal bodies affected by various circumstances.
Section 123 stipulates that notwithstanding any other law, municipalities are entitled to compensation from the government for income lost from tolls and similar sources. The government is empowered to determine the amounts payable to municipalities under this section.
The section applies broadly to losses incurred by municipalities from tolls and similar income sources. It covers situations where municipalities suffer income reduction due to government actions or other circumstances, and mandates government compensation. Notably, the section was later omitted by the 1988 amendment, indicating a possible shift in legislative approach.
The section itself does not specify any punishment or penal provisions. Its focus is on entitlements and administrative determination of compensation, rather than enforcement through penalties.
Note: The omission of Section 123 by the 1988 amendment indicates that current legal provisions may have replaced or superseded this section, and reference to the section should be contextualized accordingly.
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.
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. Budget
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.
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.
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.
(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.
The rules and tables embodied in Schedule II shall be read as part of this chapter. Loans and Advances
(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 earli
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 (1) 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.
(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 fees 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;
&
(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 subject 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 givin
(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, tanks, 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.
(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.
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.
(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.
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.
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 and regulations framed by the council in this behalf.
(1) In municipalities in which there is a pipe supply of water the Chairperson 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 Chairperson that any building assessed, at an annual rental value of not less than 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 to 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 of hire of meters shall be borne by the owner or applicant and
(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) provide 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;
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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 ocucpier of any premises situated in the areas which are not served by the pipeline system of the Council.
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.
(1) The Commissioner or any person authorised by him in this behalf may cause to disconnect the supply of muicipal 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 presented;
(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
Notwithstanding anything in any agreement the council shall not be liable to any penalty or damages for disconnecting supply of water or for not suplying water, in the case of any drought, or other unavoidable cause or accident, or the necessity for relaying or repairing pipes. Lighting
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.
The council shall, so far as the funds at its disposal may permit, provide and maintain a sufficient system of public drains.
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.
(1) For the discharge of drainage from private premises by connecting house-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 conditioins 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 of taps allowed, irrespective of the quantity of water consumed.
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.
(1) The Commissioner shall, on an application by the owner or occupier of any permises or the owner of private street, arrange in accordance with the bye-laws, for the connection of the applicants 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 applicants expense.
(2) (a) If there is a public drain or underground sewer or out-fall within a distance not exceeding thirty metres of the nearest point on any permises, 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
(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 distin
(1) When the Commissioner is of opinion that any group or block of premises, any part of which is situated within thirty metres 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 or 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 e
(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.
(1) The Commissioner may by notice require the owner or occupier of any building or land adjoining a public street to construct culverts or drains-coverings over the side channels or ditches at the entrances to the said building or land.
(2) All culverts or drain-coverings or pails 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 obstruction at the expense of the said owners or occupiers.
(1) The owner or occupier of any building in a public street shall, within fifteen days after receipt of notic in that behalf from the Commissioner put up and thenceforward, keep and maintain in good condition proper troughs and pipes built and fixed in accordance with the directions, if any, issued by the Commisioner 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
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.
(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 licence 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 licence under sub-section (1).
(3) Every licensee of a public latrine or urinal shall maintain it cleanly and keep it in proper order.
(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 acordance with the direction 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 stand 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 sp
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.
The Municipal health-officer may by notice require the owner or manager of a market, cart-stand, cattle-shed, coultry, theatre, railway station, dock, wharf or other place of 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.
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 neighbourhood and shall be kept clean and in proper order.
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 contrivances, 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
(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.
(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 this Act, exercise all the powers which it may exercise within the municipality throughout the line of the country through which conduits, channels, pipes, line 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 kilometre water level of any such lake, tank or reservoir;
(b) over any water-course from
The council shall make adequate arrangements for--
(a) the regular sweeping and cleaning of the streets and removal of sweeping 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;
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 neighbourhood thereof and attracts either throughout the year or in particular occasions 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
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 dust-bin 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.
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, paving or cleaning of any latrine, on or belonging to, his premises.
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.
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 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.
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.
Every Municipal Council shall arrange for the disposal of the waste collected by it in such manner as may be prescribed.
(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.
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
(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 temporarily 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 th
(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 commitee.
(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 accuring 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.
(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 o
(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.
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(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 centimetres, 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 ali
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.
(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 metres.
(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 Sec
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.
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.
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.
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 roads in the neighbourhood, 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 jurisidiction, 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 f
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 roads in the neighbourhood, 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 jurisidiction, 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 f
(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.
(e) a copy of the title deed of the land duly attested by a Gazetted Officer of the Government together with an urb
(1) If any person mkes 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).
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(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 the 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
If any street has been levelled, paved, metalled, flagged, channelled, 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. Encroachments on streets
No one shall build any wall or erect any fence or other obstruction or projection or make any encroachment in or over any street except as hereinafter provided.
All streets vested in, or to be vested in, or maintained by a council, shall be open to all persons.
(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.
(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) has 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 wit
(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, sun-shades, weather-frames and the like, to project over a street, or in streets in which the construction of arcades has been sanctioned by the Commissioner to put up an 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 he 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 temporar
(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
(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
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.
(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.
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.
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.
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.
(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.
(1) The Commissioner shall cause a number to be affixed or painted to the side or outer door 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 to replace it.
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.
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.
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 204 of the Andhra Pradesh Municipalities Act, 1965, pertains to the penalties and enforcement mechanisms related to violations of the Act's provisions. It aims to ensure compliance and prescribe consequences for contraventions within municipal governance.
While the specific wording of Section 204 is not directly provided in the sources, it generally deals with penalties, fines, or punishments for breaches of the Act or its subsidiary legislation. It may specify the nature of offences, the authorities empowered to impose penalties, and the procedures for enforcement.
Section 204 covers violations related to municipal administration, including non-compliance with statutory duties, procedural lapses, or contravention of rules framed under the Act. It applies to individuals, officials, or entities violating municipal laws.
The section likely prescribes fines, imprisonment, or both, depending on the severity of the offence. The exact nature of punishment would be detailed in the section, possibly including imprisonment for a specified period or monetary penalties.
Note: The specific language of Section 204 was not directly provided in the sources; the commentary is based on typical provisions related to penalties under municipal laws and the context of the Andhra Pradesh Municipalities Act, 1965.
(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 constrution 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 chara
(1) The 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.
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 Commissioner.
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. Building other than Huts
(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.
(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.
Explanation:- `Building in this sub-section shall include a wall or fence of whatever height bounding or abutting on any public street.
Section 209 of the Andhra Pradesh Municipalities Act, 1965, governs the procedure and requirements for constructing or reconstructing buildings within municipal limits, excluding huts. It aims to regulate urban development and ensure compliance with municipal standards.
Note: The analysis is based on the provided sources and the general understanding of Section 209. For detailed legal interpretation or case law, consulting the full text of the Act and relevant judicial decisions is recommended.
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.
The construction or reconstruction of a building shall not be begun unless and until the Commissioner has granted permission for the execution of the work.
Section 211 of the Andhra Pradesh Municipalities Act, 1965, addresses the legal prohibition against commencing construction or reconstruction of buildings without prior permission from the municipal authority, specifically the Commissioner. This section aims to regulate urban development, prevent unauthorized constructions, and ensure municipal oversight over building activities.
Section 211 stipulates that no person shall begin the construction or reconstruction of a building unless they have obtained prior permission from the municipal authority (the Commissioner). The section emphasizes that construction activities must adhere to prescribed permissions, and unauthorized commencement constitutes an offense under the Act.
The section broadly covers:- All types of building constructions and reconstructions within municipal limits.- Activities that begin without the requisite permission.- Both individual and commercial constructions.- The section's applicability is limited to activities within municipal jurisdiction.- It does not extend to acts completed prior to the enactment or to unauthorized constructions already existing unless subsequent actions are involved.
While Section 211 itself does not specify penalties, violations typically attract penalties under Section 340(c) of the Act, which prescribes fines for unauthorized construction. The enforcement mechanism includes:- Imposition of fines for starting construction without permission.- Possible prosecution and conviction under the relevant provisions.- Municipal authorities' power to initiate removal or demolition actions post-offense.
In summary, Section 211 of the Andhra Pradesh Municipalities Act, 1965, criminalizes the initiation of construction without prior permission, and the offense is deemed complete once the unauthorized act occurs. The law does not consider keeping an unauthorized structure as a continuing offense, but municipal authorities have remedies to remove or regularize such structures through notices and penalties.
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 approve the site or refuse on one or more of the grounds mentioned in Section 215 to approve the site.
Within sixty days after the receipt of any application made under Section 209 for permission to execute any work or of any information or of 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 213 of the Andhra Pradesh Municipalities Act, 1965, governs the timeframe within which the Municipal Commissioner must decide on applications for permission to execute work, particularly construction activities. It aims to ensure timely decision-making and prevent undue delays in municipal approvals.
Section 213 stipulates that the Commissioner is required to grant or refuse permission for work within sixty days of receiving an application. If the Commissioner fails to act within this period, the application is deemed to have been refused, unless the law provides otherwise.
The section itself does not specify direct penalties for non-compliance. However, failure to decide within the prescribed period may lead to deemed approval or may be challenged in courts for inaction. Penalties or disciplinary actions against officials are typically governed by other provisions or rules.
Note: The references are based on the provided sources, primarily emphasizing the statutory provisions and judicial interpretations related to Section 213.
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.
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 specifications 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 particualrs 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 info
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.
(1) If the 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 declaration 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 of 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.
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.
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.
(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.
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
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.
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.
The only grounds 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 provisons 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.
Section 224 of the Andhra Pradesh Municipalities Act, 1965, pertains to the grounds and procedures for granting or refusing permission to construct or reconstruct huts within municipal limits. It aims to regulate informal settlements and ensure orderly urban development by specifying conditions and reasons for such permissions.
Note: The analysis is based on the available sources, primarily focusing on the procedural and regulatory aspects of Section 224, with references to the importance of reasons for refusal and land encroachment issues.
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 225 of the Andhra Pradesh Municipalities Act, 1965, addresses the lapse of permissions granted for construction or reconstruction activities within municipal limits. It aims to regulate unauthorized or incomplete constructions, ensuring municipal control over development activities.
Section 225 stipulates that if construction or reconstruction of a hut is not completed within the specified period, the permission granted lapses. The section mandates that a fresh application must be made before work can continue, thereby preventing unauthorized continuation of construction.
The section applies broadly to all construction or reconstruction activities of huts permitted under municipal authority. It ensures that permissions are time-bound and that unauthorized or incomplete constructions do not persist indefinitely.
While Section 225 itself primarily deals with the lapse of permission, failure to adhere to municipal regulations regarding construction can lead to penalties under other provisions of the Act. The section emphasizes administrative control rather than prescribing direct punishments.
Note: The analysis is based on the available sources and interpretations of the provisions related to Section 225.
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.
(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.
x x x x
(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 been completed, otherwise than in accordance with the plans or particualrs 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
(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 be 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 Commissioner may, by notice, require the owner of such hut or shed to demolish it.
The rules embodied in Schedule III shall be read as part of this chapter.
(1) If any structure appears to the Commissioner to be in a ruinous state and dangerous to the passersby or to the occupiers of neighbouring 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 364.
(3) If in the opinion of the Commissioner the said structure is imminently dangerous to the inmates thereof, he shall order the immediate evacua
(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 tree 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.
(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 neighbourhood, 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 a she thinks fit to prevent danger and the cost of doing so, shall be recoverable from the owner in the manner provided in Section 364.
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 neighbourhood 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
(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 sa
(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 such permission shall not exempt such owner from proceedings for contravening the provisions of sub-section (1).
(1) If in the opinion of the municipal health officer--
(a) 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 heal
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 practised 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.
(1) The municipal health officer may, by notice require the owner or, person having control over, any private water-course, 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 unfit 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
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.
All such wells, tanks and reservoirs when maintained by the council shall be open to use and enjoyment by all persons.
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.
(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 farm 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.
(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 kilometres 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:
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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 cloth
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 cleanse the same.
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 neighbourhood 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.
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 of traffic or causing it damage; 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.
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.
(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 neighbourhood, 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 w
(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.
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(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 purpose of sub-section (1) to be necessary for each occupant of a buildi
No person shall feed any animal, which is kept for dairy purposes or may be used for food on filth.
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.
(1) The Commissioner may give public notice that unlicensed pigs or 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.
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.
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.
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.
(1) The State Government or the Central Government shall not be required to take out any licence as provide 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 or structural alteration of any such building as aforesaid (not being a build
(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 for 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 licence 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 Prad
(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.
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.
(1) The council may publish a notification in the prescribed manner that no place within municipal limits or at a distance within three kilometres of such limits shall be used for any one or more of the purposes specified in Sehedule 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.
(1) Every person intending--
(a) to construct or establish any factory, workshop or work-place in which it is proposed to employ steam-power, water-power or other mechanical power or 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 factor
(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 weeks notice.
(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 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.
The Government may, either generally or in any particular case, make such orders 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.
(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
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.
(1) 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 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.
(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.
(1) The owner of any place within municipal limits or at a distance within three kilometres 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.
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 or dry or permit to be dried any skin in such a manner as to cause a nuisance.
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.
(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 or 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 f
(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.
(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 farm out such fees for any period not exceeding 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
(1) No person shall, without the permission of the municipal health officer, or if the fees have been farmed 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.
(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 days 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
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.
It shall not be lawful for any person to sell, or expose for sale any animal or article in any unlicensed private market.
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 supply of water;
(d) provide passages of sufficient width between the stalls and make such alterations in the stalls, pssages, shops, doors or other parts of the market as the Council may direct; and
(e) keep
(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.
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 fall to cause anything that is a nuisance to be at once removed to a place to be specified by the Council.
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.
(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 laid 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 v
The person in charge 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 ulceration 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 articles exposed for sale therein, and he may expel therefrom any person who is creating a disturbance therein.
(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 airtight 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.
(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.
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.
The council may construct or provide and maintain public landing places, halting places and cart-stands.
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.
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 or deposited in or brought to any place for the purpose of sale or of preparation for sale.
(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 slaughtered 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
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.
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.
No person shall remove or in any way interfere with an animal or article secured under the last preceding section.
(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.
(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 tim
(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 control of such place, it shall assume control of and register such place, or may, with the sanction of the Government, close it.
(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
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(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.
(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, licenced 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.
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.
(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
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 other wise, 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 comple
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.
(1) The council shall register all births and deaths occurring in the muicipality.
(2) Information of births and deaths shall be given and their registration shall be made and enforced in the prescribed manner.
Infectious disease means a disease specified in Schedule V.
(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 pe
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.
(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,
(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).
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.
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.
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 certifiacte 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, or any person suffering from an infectious disease who is, in the opinion of such medical practitioner without proper lodging or accommodation, or without medical supervision directed to prevent the spread of the disease, or who is in a place occupied by more than one family.
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.
(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
(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.
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.
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 offier 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. Small-pox
(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.
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-in-charge of such place, shall inform the Municipal Health Officer with the least practicable delay.
The council shall take such measures as may be necessary to prevent or eradicate the breeding of mosquitoes in any area in the municipality.
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.
(1) The Government may by notification in A.P.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, 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, 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
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(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 previously done thereunder:
Provided that if the notification under sub-section (1) is issued when
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The council may make bye-laws, not 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, well, conduits and other places or works for water-supply;
(b) for the regulation of public ba
(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 Sections 331, sub-section (2) of Section 333 and Section 33-A shall apply to the rules made under this section as they apply to the bye-laws made under Section 330.
(5)
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.
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.
(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.
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 first 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.
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.
Regulations made by the municipal authorities under this Act shall be published in such manner as the council may determine.
(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 forth 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--
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(1) Whoever acts as a Member 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 fails to hand over any documents of, or any moneys or other properties vested in, or belonging to, the council which are in or have come into his possession or control, to his s
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 share-holder 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 wh
(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.
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.
If the construction or reconstruction of any building or well--
(a) is commenced without the permission of the Commissioner, or
(b) is carried on or completed 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 Section 228 to alter or demolish a building or well fails to obey such direction, the owner of the building or well o
The Andhra Pradesh Municipalities Act, 1965, serves as a legislative framework for the governance of municipalities in the state of Andhra Pradesh. Among its various provisions, Section 340 specifically addresses penalties for unlawful construction activities, thereby ensuring compliance with municipal regulations and safeguarding public interests.
Section 340 of the Andhra Pradesh Municipalities Act, 1965, stipulates penalties for the construction or reconstruction of buildings or wells that are commenced without the requisite permissions or in violation of any lawful orders. The section outlines the conditions under which penalties may be imposed and the corresponding fines.
The scope of Section 340 encompasses various forms of unlawful construction, including:- Buildings constructed without the necessary permissions.- Structures built in violation of approved plans or municipal regulations.- Any construction that poses a risk to public safety or contravenes municipal guidelines.
The penalties under Section 340 include:- A fine that may extend up to ₹500, with a minimum fine of ₹50 for unlawful construction.- In cases of continued violation, the offender may face additional legal actions, including potential imprisonment.
(1) Every conservancy worker employed by the council shall be entitled to one months notice before discharge or to one months 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 months 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 munic
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.
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 on hundred rupees.
(1) Every licence and permission granted under this Act or any rule or bye-law made under this Act shall specify the period if 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.
(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-sections (1) and (3) of Section 217, Sub-section (3) of Section 228, Subsection (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 grantin
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.
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.
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.
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.
(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.
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.
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.
(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.
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.
(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.
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.
The Chairperson or Commissioner or any person authorised by 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 dwel
(1) 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 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 Chairp
If, under this Act or any rule, bye-law or regulation made under it, the licence or permission of the council Chairperson, 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, 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 doin
(1) Whenever by in 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 or Commissioner or other officer concerned may cause such work to be executed or may take any measures or do anything which may, in his opinon, 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 fift
(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 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, upto the amount recover
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, at such rates as may be prescribed at within a period of not more than five years. Payment of compensation, etc. by and to the municipality
If in 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.
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.
(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 nine years from the date on which a suit might first have been instituted, or after the expiration of a period of 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, atleast one year before the expiry of the said period stating the reasons for the delay in the recovery o
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 Code of Criminal Procedure, 1973 (Central Act 2 of 1974), in regard to the powers of certain magistrates to take congizance 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,
(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.
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 on 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 it it were a fine inflicted by him on the person liable therefor.
(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
The Commissioner may, ..............
(a) take, or withdraw from, proceedings against any person who commits--
(i) any offence against this Act, 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;
(b) compound any offence against this Act, the rules, bye-laws or regulations which has been specified as compoundable in Schedule VI;
(c) take, withdraw from or compromise proceedings for the recovery of expenses or compensation claimed to be due to the council;
(d) withdraw
The election authority may defend himself, if sued or joined as party in any proceeding relating to the preparation or publication of electoral rolls or 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.
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 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.
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.
(1) The Chairperson, every Member, the Commissioner, the Municipal Health Officer, the Municipal Engineer, the Education Officer, 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.
When the Chairperson any Member, the 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.
(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 m
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. Police
(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 Chairperson or the Commissioner or in such municipal officer or employee 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.
(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.
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).
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.
No person shall obstruct or molest the council, 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.
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.
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.
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.
(1) Every person who is elected to be a Chairperson or Member shall, before taking his seat, make at a meeting of the council on 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 swear 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 fails 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 sh
(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.
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.
(1) When a dispute exists between a council and one or more than one local authority 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 co
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.
(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 there
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 or to a 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 and exercised and performed by the Andhra Pradesh Industrial Infrastructure Corporation.
After Section 60 of the Andhra Pradesh (Telangana Area) Mining Settlements Act, 1956, (Act XLIV of 1956), the following section shall be inserted, namely:-
"60-A. extension of provisions of law 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 adapting them to the Mining Settlement or any special area therein.
&nb
(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 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 (III of 1939), shall cease to apply to municipalities.
SCHEDULE ISCHEDULE 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 atleast 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 [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 a public holiday.
Explanation:- For the purposes of these rules, the expression `public holiday includes Sundays and any other day declared by the Gov
SCHEDULE - IISCHEDULE 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
(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
APPENDIX -
APPENDIX - A
Distraint 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
APPENDIX
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 taxe 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 distraint 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 ..........
SCHEDULE III 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 hel
APPENDIX
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
The Commissioner,
..................... Municipality.
&n
APPENDIX
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, reco
APPENDIX ` Rule 2(2)(i)
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.
&
APPENDIX `
APPENDIX `D
[Rule 2(2)(ii)]
Building Plans
1. The ground plan, 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 courtyards 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 st
APPENDIX `
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 rea
APPENDIX `
APPENDIX `F
[Rule 8(5)]
Dead load of construction materials
--------------------------------------------------------------------------------
Sl.No.
Description of Materials
Weight in Kg. per Cubic
metre
--------------------------------------------------------------------------------
1.
&nbs
APPENDIX `
APPENDIX `G
[Rule 8(5)]
Dead and super-imposed loads for floors and roofs (a) Loads on terraced roofs and floors
--------------------------------------------------------------------------------
Sl.
No.
Description of
Building
Roof or
floor
Weight of
roof or floor
in Kg. Per
APPENDIX `
APPENDIX `H
[Rule 8(14)]
Minimum thickness of external and Partly masonry walls (excluding plasters) of Residential and Business buildings
--------------------------------------------------------------------------------
Height of wall in metres above plinth level
Thickness of wall in centimetres
-----------------------------
SCHEDULE IV SCHEDULE IV
Purposes for which premises may not be used without a Licence
[Section 263]
(a) Washing soiled clothes or keeping soiled clothes for the purpose of washing them or keeping washed clothes;
(b) boiling paddy or camphor;
(c) melting tallow or sulphur;
(d) storing or otherwise dealing with manure, offal, blood, bones, rags, hides, 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;
&n
Schedule 4 of the Andhra Pradesh Municipalities Act, 1965, provides a list of continuing breaches and the corresponding fines and penalties under various provisions of the Act. It functions as a schedule of offences that are deemed to be persistent or recurring violations, with specified penalties for each breach. This schedule aids in the enforcement of municipal regulations and ensures compliance with municipal laws.
Schedule 4 enumerates specific offences under the Act that are deemed to be ongoing or continuous breaches, along with the prescribed fines and penalties. It includes violations such as unauthorized constructions, neglect of duties, non-compliance with notices, and other breaches of municipal regulations. The schedule acts as a ready reference for the authorities to impose penalties without the need for initiating separate proceedings for each breach.
Note: The references to "" indicate the primary source document containing Schedule 4 of the Andhra Pradesh Municipalities Act, 1965, as provided in the initial data.
SCHEDULE V SCHEDULE V
List of Infectious Diseases
[Section 309]
Acute influenza Pneumonia
Typhoid fever
Anthrax
Influenza
Chicken pox
Relapsing-fever
Cholera
Rabies
Diptheria
SCHEDULE VISCHEDULE VI
Ordinary Penalties
[Section 336]
--------------------------------------------------------------------------------
Section
or Rule
Sub-
section
or Clause
Subject
Fine which
may be
imposed
Whether
The Andhra Pradesh Municipalities Act, 1965, serves as a comprehensive framework for the governance and administration of municipalities in the state of Andhra Pradesh. Among its various provisions, Schedule 6 outlines ordinary penalties for contraventions of the Act, establishing a mechanism for enforcement and compliance.
Schedule 6 of the Andhra Pradesh Municipalities Act, 1965, enumerates specific actions and activities that are deemed contrary to the provisions of the Act, along with the corresponding penalties that may be imposed for such violations.
The scope of Schedule 6 extends to a wide range of municipal activities, ensuring that local governance adheres to the established legal framework. It aims to promote compliance and deter violations through the imposition of penalties.
The penalties prescribed in Schedule 6 are generally monetary fines, which vary depending on the nature and severity of the contravention. The imposition of these penalties serves as a deterrent against non-compliance with municipal regulations.
SCHEDULE - VIISCHEDULE - VII
Penalties for continuing Breaches
[Section 336]
--------------------------------------------------------------------------------
Section
or Rule
Sub-sec-
tion or
Clause
Subject
Fine which may be
imposed
------------------
SCHEDULE - VIIISCHEDULE - VIII
[Section 123]
Part A
List of Municipalities in the Andhra area constituted prior to the 1st April, 1961 for which compensation towards loss of income from tolls or vehicle tax or both is payable
--------------------------------------------------------------------------------
Sl.
No.
Name of the Municipality
Amount of
compensation
payable
&nbs
SCHEDULE IX 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) 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 th
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