ANDHRA PRADESH PANCHAYAT RAJ ACT, 1994
(1) This Act may be called the Andhra Pradesh Panchayat Raj Act, 1994.
(2) It extends to the whole of the State of Andhra Pradesh, except, --
(a) the Municipal Corporations governed by any law relating to Municipal Corporations for the time being in force in the State;
(b) the Municipalities Governed by the law relating to municipalities for the time being in force in the State;
(c) a Notified Area declared under Section 389 A of the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965);
(d) the Mining Settlements governed by the Andhra Pradesh (Telangana Area) Mining Settlements Act, 1956 (Act XLIV of 1956) ; and
(e) the Cantonments governed by the Cantonme
In this Act unless the context otherwise requires, -
(1) "Andhra Area" means the territories of the State of Andhra Pradesh other than the Telangana area;
(2) "Backward Classes" means any socially and educationally Backward Classes of citizens recognised by the Government for purpose of clause (4) of Article 15 of the Constitution of India;
(3) "building" includes a house, out house, shop, stable, latrine, shed (other than a cattle shed in an agricultural land), hut, wall and any other such structure whether of masonry, bricks, wood, mud, metal or other material whatsoever;
(4) "casual vacancy" means a vacancy occurring otherwise than by efflux of time, and "casual election" means an election held to fill a casual vacancy;
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(1) The Commissioner may, by notification, and in accordance with the rules made by the Government in this behalf, declare any revenue village or hamlet thereof or any part of a mandal to be a village for the purposes of this Act and specify the name of the village
ExplanationFor the purposes of this sub section the expressions "mandal" and "revenue village" shall mean respectively any local area which is recognised as a mandal or village in the revenue accounts of Government after excluding therefrom the area, if any, included in
(a) a Municipal Corporation governed by the relevant law relating to Municipal Corporations for the time being in force in the State;
(b) a Municipality governed by the law relating to Municipalities for the time being in force in the State;
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(1) A Gram Panchayat shall be deemed to have been constituted for a village on the date of publication of the notification under Section 3 in respect of that village and the Special Officer appointed under sub section (1) of Section 143 shall make arrangements for the election of the members and of the Sarpanch of the Gram Panchayat as provided in that section
(2) Subject to the provisions of this Act, the administration of the village shall vest in the Gram Panchayat, but the Gram Panchayat shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to its Sarpanch or Executive Authority, or to any other local authority or other authority
(3) Every Gram Panchayat shall be a body corporate by the name of the village specified in the notification issued under Section 3, shall have perpetual success
(1) The Government may declare, by a notification in the Andhra Pradesh Gazette a village or any other area to be a township if it is an industrial or institutional colony, a labour colony, a project area, a health resort or a place of religious importance.
(2) If the area declared as township under sub section (1) comprises a village or forms part of a village, the Commissioner shall, under sub section (2) of Section 3, cancel the notification issued under sub section (1) of that section in respect of such village, or as the case may be, exclude such part from the village.
(3) In regard to any area other than a place of religious importance declared to be a township, the Government shall, by notification in the Andhra Pradesh Gazette, constitute a Township Committee, which shall consist of a Chairperson to be nominated by the Government
(1) There shall come into existence a Gram Sabha for every village on the date of publication of notification under Section 3.
(2) A gram Sabha shall consist of all persons whose names are included in the electoral roll for the Gram Panchayat referred to in Section 4 and such persons shall be deemed to be the members of the Gram Sabha.
(3) The Gram Sabha shall meet at least twice in every year on such date and at such place and time as may be prescribed to consider the following matters which shall be placed before it by the Gram Panchayat, namely: -
(i) annual statement of accounts and audit report;
(ii) report on the administration of the preceding year;
(iii) programme of works for the year or any new
(1) A Gram Panchayat shall consist of such number of elected members inclusive of its Sarpanch as may be notified from time to time, by the Commissioner in accordance with the following Table: -
TABLE
Gram Panchayat with a population
at the last census
Number of members
(1)
(2)
Upto 300
5
Exceeding 300 but not exceeding 500
7
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All members of the Gram Panchayat shall be elected by the registered voters in the Ward by the method of secret ballot and in accordance with such rules as may be made in this behalf.
(1) In every Gram Panchayat, out of the total strength of elected members determined under Section 7, the Commissioner 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 him, 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 Gram Panchayat, as the population of the Scheduled Castes, or as the case may be, Scheduled Tribes in that village bears to the total population of that village; and such seats may be allotted by rotation to different wards in a Gram Panchayat;
(b) [x x x]
(c) not less than one third of the total number of seats reserved u
For the purpose of electing members to a Gram Panchayat, the Commissioner shall, subject to such rules as may be prescribed, divide the village into as many wards as there are seats, determined under Section 7, on a territorial basis in such a manner that all wards shall have, as far as practicable, equal number of voters and allot not more than one seat for each ward.
(1) The electoral roll for Gram Panchayat shall be prepared by the person authorised by the Andhra Pradesh Election Commissioner for Local Bodies in such manner by reference to such qualifying date as may be prescribed and the electoral roll for the Gram Panchayat shall come into force immediately *[upon its publication] in accordance with the rules made by the Government in this behalfThe electoral roll for the Gram Panchayat shall consist of such part of the electoral roll for the Assembly Constituency published under the Representation of the People Act, 1950 (Central Act 43 of 1950) as revised or amended under the said Act, upto the qualifying date, as relates to the village or any portion thereof
Provided that any amendment, transposition or deletion of any entries in the electoral roll, or any inclusion of names in the electoral roll of the Assembly Constituencies concerned,
Where, after the electoral roll for the Gram Panchayat has been published under sub section (1) of Section 11, the village is divided into wards for the first time or the division of the village into ward is altered or the limits of the village are varied, the person authorised by the Andhra Pradesh Election Commissioner for Local Bodies in this behalf shall in order to give effect to the division of the village into wards or to the alteration of the wards, or to the variation of the limits, as the case may be, authorise a re arrangement and republication of the electoral roll for the Gram Panchayat or any part of such roll in such manner, as the Andhra Pradesh Election Commissioner for Local Bodies may direct.
(1) Save as otherwise provided in this Act the term of office of members elected at ordinary elections shall be five years from the date appointed by the Commissioner for the first meeting of the Gram Panchayat after the ordinary elections.
(2) Ordinary vacancies in the office of elected members shall be filled at ordinary elections which shall be fixed by the election authority to take place on such day or days within three months before the occurrence of the vacancies, as he thinks fit:
Provided that the Andhra Pradesh Election Commissioner for Local Bodies may, for sufficient reasons to be recorded in writing, direct from time to time, the postponement or alteration of the date of an ordinary election or any stage thereof within the period of three months aforesaid and the election authority shall give effect to such direction.
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(1) There shall be a Sarpanch for every Gram Panchayat, who shall be elected in the prescribed manner by the persons whose names appear in the electoral roll for the Gram Panchayat, from among themselvesA person shall not be qualified to stand for election as Sarpanch, unless he is not less than twenty one years of age:
Provided that a Member of the Legislative Assembly of the State or of either House of Parliament who is elected to the office of Sarpanch or Upa sarpanch shall cease to hold such office unless within one month from the date of election to such office he ceases to be a Member of the Legislative Assembly of the State or of either House of Parliament by resignation or otherwise.
(2) The election of the Sarpanch may be held at the same time and in the same place as the ordinary elections of the members of the Gram Panchayat.
(1) Out of total number of offices of Sarpanch in the State, the Commissioner shall, subject to such rules as may be prescribed, by notification reserve,
(a) such number of offices to the Scheduled Castes and Scheduled Tribes as may be determined by him, subject to the conditions that the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of offices to be filled in the State as the population of the Scheduled Castes or as the case may be Scheduled Tribes in the State bears to the total population of the State; and such seats may be allotted by rotation to different Gram Panchayats in the State;
(b) [x x x x x]
(c) not less than one third of the total number of offices reserved under Clause (a) and sub section (2) for women belonging to the S
(1) If at an ordinary or casual election, no person is elected to fill a vacancy, a fresh election shall be held on such day as the officer or authority authorised by the Andhra Pradesh Election Commissioner for Local Bodies in this behalf, may fix.
(2) The term of office of a member of a Gram Panchayat 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.
No person shall be qualified for election as a member of a Gram Panchayat unless his name appears on its electoral roll and he is not less than twenty one years of age.
(1) No village servant and no officer or servant of the Government of India or any State Government or of a local authority or an employee of any institution receiving aid from the funds of the Government and no office bearer of any body constituted under a law made by the Legislature of the State or of Parliament shall be qualified for being chosen as or for being a member of a Gram Panchayat
Explanation For the purpose of this section the expression "village servant" means in relation to,
(i) the Andhra Area, any person who holds any of the village offices of nearaganti, neeradi, vetti, kawalkar toti, talayar, tandalagar, sathsindhi or any such village office by whatever designation it may be locally known;
(ii) the Telangana Area, any person who holds any of the village offices of neeradi
(1) A person who has been convicted by a Criminal Court,
(a) for an offence under the Protection of Civil Rights Act, 1955 (22 of 1955); or
(b) for an offence involving moral delinquency; shall be disqualified for election as a Member for a period of five years from the date of conviction or where he is sentenced to imprisonment while undergoing sentence and after a period of five years from the date of expiration thereof.
(2) A person shall be disqualified for being chosen as a member if on the date fixed for scrutiny of nominations for election, or on the date of nomination under sub section (2) of Section 16 he is
(a) of unsound mind and stands so declared by a competent court;
(b) a deaf mute or suf
Any person who is convicted of any offence punishable under Chapter IX-A of the Indian Penal Code, 1860, (Central Act 45 of 1860) and any person against whom a finding of having indulged in any corrupt practice is recorded in the verdict in an election petition filed in accordance with Section 233, or any person convicted of an offence punishable under Chapter II of Part V of this Act, shall be disqualified for contesting in any election held under this Act, for a period of six years from the date of such conviction or verdict, as the case may be.
If the State Election Commission is satisfied that a person,
(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and
(b) has no good reason or justification for the failure, the State Election Commission shall, after following the procedure prescribed, by order published in the Andhra Pradesh Gazette, declare him,
(i) to be ineligible for a period of three years from the date of the said order to contest any election held for any office under this Act; and
(ii) to have ceased to hold office; in case he is elected
Provided that where any person has paid such dues into the Government treasury or into a bank approved by the Government to
Subject to the provisions of Section 22, a member shall cease to hold office as such if he
(a) is or becomes subject to any of the disqualifications specified in Section 19;
(aa) is elected as a member to a Ward/Office reserved for Scheduled Castes or Scheduled Tribes or Backward Classes on the basis of a community certificate and subsequently the said community certificate is cancelled under Section 5 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of issue of Community Certificates Act, 1993.(Act 16 of 1993).
(b) absents himself from the meetings of the Gram Panchayat for a period of ninety days, reckoned from the date of the commencement of his term of office, or of the last meeting which he attended, or of his restoration to office as member unde
(1) Where a person ceased to be a member under Section 18 or Clause (a) of Section 20 read with Section 19, he shall be restored to office for such portion of the period for which he was elected as may remain unexpired at the date of such restoration, if and when the conviction or the sentence is annulled on appeal or revision or the disqualification caused by the sentence is removed by an order of the Government; and any person elected to fill the vacancy in the interim shall, on such restoration, vacate office.
(2) Where a person incurs the disqualification specified under Clause (b) of Section 20, the Executive Authority shall forthwith send a report in that regard to the District Panchayat Officer concerned, who shall, on satisfying himself after due verification, that the person has ex facie ceased to be a member, intimate that fact by registered post to the member concerned a
(1) Where an allegation is made that any person who is elected as a member of a Gram Panchayat is not qualified or has become disqualified under Section 17, Section 18, Section 19 or Section 20 by any voter or authority to the Executive Authority in writing and the Executive Authority has given intimation of such allegation to the member through the District Panchayat Officer 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, such member or any other member may, and the Executive Authority, at the direction of the Gram Panchayat or the Commissioner shall, within a period of two months from the date on which such intimation is given or doubt is entertained, as the case may be, apply to the District Munsif having jurisdiction over the area in which the office of the Gram Panchayat is situated
(1) The Sarpanch, Upa Sarpanch or any member may resign his office in the manner prescribed.
(2)(a) Notwithstanding that the resignation of a person from the office of Sarpanch has taken effect under sub section (1), the Commissioner may by notification record a finding, with reasons therefor, that such a person is guilty of wilful omission or refusal to carry out, or disobedience of, the provisions of the Act or any rules, bye laws, regulations or lawful orders made thereunder or abuse of the powers vested in him, while he held the office of Sarpanch:
Provided that the Commissioner shall, before issuing such notification give the person concerned an opportunity for explanation: Provided further that no action under this clause shall be taken after the expiration of one year from the date on which the resignation has taken effect
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The Upa Sarpanch shall cease to hold the office as such on the expiry of his term of office as a member of the Gram Panchayat or on his otherwise ceasing to be such member.
Save as otherwise provided by or under this Act, the Sarpanch shall
(a) make arrangements for the elections of the Upa Sarpanch within one month from the date of occurrence of the vacancy;
(b) have full access to the records of the Gram Panchayat;
(c) exercise administrative control over the executive officer, if there is one, for the purpose of implementation of the resolutions of the Gram Panchayat or any committee thereof;
(d) exercise all the powers and perform all the functions specifically conferred or imposed on the Sarpanch by this Act or the rules made thereunder;
(e) have power to require any Village Development Officer of any village within the jurisdiction of the Gram Panchayat to furnish any
(1) When the office of Sarpanch is vacant, the Upa Sarpanch shall exercise the powers and perform the functions of the Sarpanch until a new Sarpanch is declared elected and assumes office.
(2) If the Sarpanch has been continuously absent from jurisdiction for more than fifteen days or is restrained by an order of a Court from exercising the powers and performing the functions of the Sarpanch, or is incapacitated for more than fifteen days, his powers and functions during such absence, restraint or incapacity shall devolve on the Upa Sarpanch.
(3) When the Sarpanch is under suspension or when the office of Sarpanch is vacant or the Sarpanch has been continuously absent from jurisdiction for more than fifteen days or is restrained by an order of a Court from exercising the powers and performing the functions of Sarpanch or is incapacitated
The Commissioner may, by order, for sufficient cause to be specified therein, remove the temporary Sarpanch appointed under sub section (3) of Section 26 after giving him an opportunity to show cause against such removal.
(1) Any member may call the attention of the Executive Authority to any neglect in the execution of Gram Panchayat work, to any waste of Gram Panchayat property or to the wants of any locality and may suggest any improvements which may appear desirable and thereupon, the executive authority, shall explain at the next meeting of the Gram Panchayat, the action, if any, that has been taken or is proposed to be taken with reference to, the matter to which attention has been called, or the improvements suggested by the member.
(2) Every member shall have the right to move resolutions and to interpellate the Sarpanch on matters connected with the administration of the Gram Panchayat, subject to such rules as may be prescribed.
(3) Every member shall have access during office hours to the records of the Gram Panchayat after giving due notice to
No Sarpanch, Upa Sarpanch or member shall receive, or be paid from the funds at the disposal of or under the control of the Gram Panchayat, any salary or other remuneration for services rendered by him whether in his capacity as such or in any other capacityNothing in this section shall prevent the Sarpanch from receiving any honorarium fixed by order, by the Government.
(1) A whole time or a part time executive officer shall be appointed by the Commissioner for any Gram Panchayat or for any group of contiguous Gram Panchayats which may be notified by him in this behalf:
Provided that before notifying a group of Gram Panchayats under this sub section, the Commissioner shall obtain the approval of the Government.
(2) In the case of every Gram Panchayat not so notified and also in the case of any Gram Panchayat so notified, if there is no executive officer incharge, the Sarpanch of the Gram Panchayat shall, subject to such rules as may be prescribed, exercise the powers and perform the functions of the executive officer.
(3) Save as otherwise prescribed no executive officer appointed under sub section (1) shall undertake any work unconnected with his office wit
(1) The Executive Officer if there is one, or the Village Development Officer having jurisdiction over the Gram Panchayat shall, with the approval of, or on the direction of the Sarpanch, convene the meetings of the Gram Panchayat so that at least one meeting of the Gram Panchayat is held every month and if the Executive Officer, or as the case may be the Village Development Officer, fails to discharge that duty, with the result that no meeting of the Gram Panchayat is held within a period of ninety days from the last meeting he shall be liable to disciplinary action under the relevant rules:
Provided that where the Sarpanch fails to give his approval for convening the meeting so as to hold a meeting within the period of ninety days aforesaid, the Executive Officer or as the case may be the Village Development Officer shall himself convene the meeting in the manner prescribed.
The executive authority shall
(a) be responsible for implementing the resolutions of the Gram Panchayat and of the Committee thereof: Provided that where the Executive Authority considers that a resolution has not been legally passed or is in excess of the powers conferred by this Act or that if carried out, it is likely to endanger human life or health or the public safety, the Executive Authority shall
(i) where he is the Sarpanch directly;
(ii) where he is not the Sarpanch, through the Sarpanch, refer the matter to the Commissioner for orders, and his decision shall be final;
(b) control all the officers and servants of the Gram Panchayat;
(c) exercise all the powers and perform all the functions spe
In case of emergency, the Sarpanch, may, in consultation with the Executive Officer, if any, direct the execution of any work or the doing of any act which requires the sanction of the Gram Panchayat or any of its committees and the immediate execution or the doing of which is, in his opinion, necessary for the service or safety of the general public, but he shall report the action taken under this section and the reasons thereof to the Gram Panchayat or the concerned committee at its next meeting:
Provided that he shall not direct the execution of any work or the doing of any act in contravention of any order of the Government.
The Commissioner may, by general or special order, authorise the Health Officer of the District to exercise such of the functions of an executive authority under this Act in such area and subject to such restrictions and conditions and to such control and revision as may be specified in such order.
Subject to such restrictions and control as may be prescribed, the Executive Authority may, by an order in writing, delegate any of his functions as such
(i) if he is the Sarpanch, to the Upa sarpanch and in the absence of the Upa Sarpanch, to any other member;
(ii) if he is not the Sarpanch to the Sarpanch; in the absence of the Sarpanch, to the Upa Sarpanch and in the absence of both Sarpanch and the Upa Sarpanch to any other member.
The exercise or discharge of any functions so delegated shall be subject to such restrictions and conditions as may be laid down by the Executive Authority and shall also be subject to his control and revision
(1) Subject to such rules as may be made under the proviso to Article 309 of the Constitution, the Government, shall fix and may alter the number, designations and grades of and the salaries, fees and allowances payable to such officers and other employees of a Gram Panchayat as may be prescribed.
(2) The Government shall, pay out of the Consolidated Fund of the State, the salaries, allowances, leave allowances, pension and contributions if any towards provident fund or pension cum provident fund of the officers and other employees referred to in sub section (1).
(3) The classification and methods of recruitment, conditions of service, pay and allowances, and discipline and conduct of the officers and employees referred to in sub section (1) shall be regulated in accordance with such rules as may be made under the proviso to Article 309
Save as otherwise provided by or under this Act, every meeting of a Gram Panchayat shall be presided over by the Sarpanch, in his absence by the Upa Sarpanch and in the absence of both the Sarpanch and Upa Sarpanch, by a member chosen by the meeting to preside for the occasion.
The minutes of the proceedings at every meeting of a Gram Panchayat shall be recorded and action taken thereon in the manner prescribed.
A Gram Panchayat or a committee thereof may, at any of its meetings, require the Executive Authority to furnish any document in his custody, in so far as such document relates to any of the subjects included in the agenda for such meeting and the Executive Authority shall comply with every such requisition.
(1) For every Gram Panchayat there shall be a Committee by name "Beneficiary Committee" for the execution of the work of the Gram PanchayatThe composition, including co option of persons who are not members of the Gram Panchayat and the powers and functions and other related matters of the Beneficiary Committee, shall be such as may be prescribed.
(2) For every Gram Panchayat there shall be constituted functional committees respectively for agriculture, public health, water supply, sanitation, family planning, education and communication and for any other purposes of this Act.
(3) The constitution including co-option of persons who are not members of the Gram Panchayat and powers of a functional committee shall be in accordance with such rules as may be prescribed.
(1) The proceedings of every Gram Panchayat and of all committees thereof shall be governed by such rules as may be prescribed and by regulations, not inconsistent with such rules or the provisions of this Act, made by the Gram Panchayat with the approval of the Commissioner.
(2) The Commissioner shall have power to add to, omit or alter any regulations submitted for his approval under sub section (1).
(3) The rules that may be prescribed under sub section (1) may provide for preventing any member or Sarpanch or any member or Chairperson of a Committee from voting on, or taking part in the discussion of any matter in which apart from its general application to the public, he has any direct or indirect pecuniary interest whether by himself or through some other person, or from being present or presiding at any meeting of the Gram Panchaya
A Gram Panchayat may, and if so required by the Government shall, join with one, or more than one, other local authority in constituting a joint committee for any purpose in which they are interested or for any matter for which they are jointly interested or for any matter for which they are jointly responsibleThe composition, powers and functions and other incidental and consequential matters shall be such as may be prescribed.
The Executive Authority of every Gram Panchayat shall prepare a report on its administration for each year, as soon as may be after the close of such year and not later than prescribed date, in such form and with such details as may be prescribed and place it before the Gram Panchayat for its consideration.
(1) The Commissioner shall supervise the administration of all Gram Panchayats in the State and shall also exercise the powers and perform the functions vested in him by or under this Act.
(2)
(a) The Government may appoint such other officers as they may consider necessary for the purpose of inspecting or superintending the operations of all or any of the Gram Panchayats constituted under this Act.
(b) In particular and without prejudice to the generality of the foregoing provision, the Government may appoint District Panchayat Officers, Divisional Panchayat Officers and Extension Officers, (Panchayats) and define the territorial jurisdiction of each such officer.
(c) The Government shall have power to regulate the classification, methods of recru
(1) Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of a Gram Panchayat within the limits of its funds to make reasonable provisions for carrying out the requirements of the village in respect of the following matters, namely :
(i) the construction, repair and maintenance of all buildings vested in the Gram Panchayat and of all public roads in the village (other than the roads vested in the Mandal Parishad and Zilla Parishad and the roads classified by the Government as National and State Highways) and of all bridges, culverts, road dams and causeways on such roads;
(ii) the lighting of public roads and public places;
(iii) the construction of drains and their maintenance and the disposal of drainage water and sullage;
Subject to the provisions of this Act and the rules made thereunder, a Gram Panchayat may also make such provision as it thinks fit for carrying out the requirements of the village in respect of the following matters, namely:
(i) the construction and maintenance of dharmashalas, sarais and rest houses for travellers;
(ii) the planting and preservation of groves and trees on the sides of roads and other public places;
(iii) the promotion and development of pre primary education, elementary education, social and health education, cottage industries and trade;
(iv) the establishment and maintenance of dispensaries and the payment of subsidies to rural medical practitioners;
(v) the establishment and mai
Subject to the provisions of this Act and the rules made thereunder, two or more Gram Panchayats may establish and maintain common dispensaries, child welfare centres and institutions of such other kind as may be prescribed.
(1) Subject to any law for the time being in force the Government may, by notification, transfer to any Gram Panchayat with its consent and subject to such conditions as may be agreed upon, the management and maintenance of a forest adjacent to the village; and they may by a like notification, withdraw management and maintenance of such forest from the Gram Panchayat after giving an opportunity to the Gram Panchayat to make its representation.
(2) When the management and maintenance of any forest is transferred to Gram Panchayat under sub section (1), the income derived by the Gram Panchayat from the forest under its management and maintenance or the expenditure incurred by the Gram Panchayat, for such management and maintenance shall be apportioned between the Government and the Gram Panchayat in such manner as the Government may, by order, determine.
(1) Subject to such rules as may be prescribed, the Government, the District Collector or the Revenue Divisional Officer, Mandal Parishad or Zilla Parishad or any person or body of persons, may transfer to the Gram Panchayat, with its consent and subject to such conditions as may be agreed upon, the management of any institution, or the execution or maintenance of any work, or the exercise of any power or the discharge of any duty, whether within or without the village, and whether provided for in this Act or not.
(2) When the management of any institution is transferred to the Gram Panchayat under sub section (1), all property, endowments and funds belonging thereto, shall be held by the Gram Panchayat in trust for the purposes to which such property, endowments and funds were lawfully applicable at the time of such transfer.
(1)
(a) Subject to the control of the Government, the Commissioner of Land Revenue may, by notification, make over to a Gram Panchayat, with its consent, the management and superintendence of any charitable endowment in respect of which powers and duties attached to the said Commissioner under the provisions of the Andhra Pradesh Escheats and Bona Vacantia Act, 1974 (Act 35 of 1974) and thereupon all powers and duties attaching to the Commissioner in respect thereof shall attach to the Gram Panchayat as if it had been specifically named in the said Regulation or law, and the Gram Panchayat shall manage and superintend such endowment.
(b) The Commissioner of Land Revenue may of his own motion, and shall on a direction from the Government, by notification in the Andhra Pradesh Gazette, resume the management and superintendence of any endow
A Gram Panchayat may accept donations for, or trust relating exclusively to the furtherance of any purpose to which its funds may be applied.
(1) Notwithstanding anything in the Cattle Trespass Act, 1871 (Act 1 of 1871)
(i) any cattle pound so transferred to a Gram Panchayat, or a cattle pound established by a Gram Panchayat under this Act, shall be maintained and controlled by the Gram Panchayat;
(ii) a pound keeper for every cattle pound referred to in Clause (i), shall be appointed by the Gram Panchayat; and
(iii) all sums on account of fines and surplus unclaimed sale proceeds realised under the Cattle Trespass Act, 1871 in respect of any cattle pound referred to in Clause (i) shall be credited to the Gram Panchayat fund.
(2) Subject to the provisions of sub section (1), the provisions of the Cattle Trespass Act, 1871 shall, as far as may be, applicable to the cattle pounds referred
(1) All public roads in any village, other than National Highways, State Highways and roads vesting in Zilla Parishad or Mandal Parishad shall vest in the Gram Panchayat together with all pavements, stones and other materials thereof, all works, materials and other things provided therefor, all sewers, drains, drainage, works, tunnels and culverts, whether made at the cost of the Gram Panchayat fund or otherwise, in along side or under such roads, and all works, materials and things appertaining thereto:
Provided that the Gram Panchayat shall take steps to remove encroachments on, and prevent unauthorised use of, any road other than a National Highway passing through the Gram Panchayat.
(2) The Government may, after giving an opportunity to the Gram Panchayat of making a representation by notification, exclude from the operation of this
All rubbish, sewage, filth and other matter collected by a Gram Panchayat under this Act shall belong to it.
Any property or income which by custom belongs to or has been administered for the benefit of the villagers in common, or the holders in common of village land generally or of lands of a particular description or of lands under a particular source of irrigation, shall vest in the Gram Panchayat and be administered by it for the benefit of the villagers or holders aforesaid.
(1)
(a) Subject to such conditions and control as may be prescribed, the Government may transfer to any Gram Panchayat the protection and maintenance of any village irrigation work, the regulation of turns of irrigation, or of distribution of water from any such irrigation work to the field depending on it.
(b) Subject to such restriction and control as may be prescribed, the fishery rights in minor irrigation tanks and the right to auction weeds and reeds in such tanks and the right to plant trees on the bunds of such tanks and enjoy the usufruct thereof shall vest in the Gram Panchayat.
(2) The Gram Panchayat shall have power, subject to such restrictions and control as may be prescribed, to execute kudimaramat in respect of any irrigation source in the village and to levy such fee and on s
(1) Notwithstand ing anything in the Andhra Pradesh (Andhra Area) Canals and Public Ferries Act, 1890 and the Andhra Pradesh (Telangana Area) Ferries Act, 1314 Fasli, the management of a public ferry in the Andhra Area, and of a Government ferry in the Telangana area other than a ferry mentioned in sub section (2) shall vest --
(a) in the case of a ferry connecting any public road under the management of a Gram Panchayat and lying wholly within the jurisdiction of that Gram Panchayat, in such Gram Panchayat and in the case of a ferry connecting any public road under the management of a Gram Panchayat and lying within the jurisdiction of more than one Gram Panchayat, in a joint committee of the Gram Panchayats concerned;
(b) in the case of a ferry connecting any public road under the management of a Mandal Parishad and lying wholly withi
(1) The following porambokes namely grazing grounds, threshing floors, burning and burial grounds, cattle stands, cart stands and topes, which are at the disposal of the Government and are not required by them for any specific purpose shall vest in the Gram Panchayat subject to such restrictions and control as may be prescribed.
(2) The Government may, at any time by notification in the Andhra Pradesh Gazette, direct that any porambokes referred to in sub section (1) shall cease to vest in the Gram Panchayat if it is required by them for any specific purpose and thereupon such porambokes shall vest in the Government.
(3) The Gram Panchayat shall have power, subject to such restrictions and control as may be prescribed, to regulate the use of any other poramboke which is at the disposal of the Government, if the Gram Panchayat is authoris
Any immovable property which any Gram Panchayat may require for the purpose of this Act or any rules made thereunder may be acquired under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of the 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 the Gram Panchayat.
(1) A Gram Panchayat shall levy in the village, --
(a) a house tax;
(b) kolagaram, or katarusum that is to say, tax on the village produce sold in the village by weight measurement or number subject to such rules as may be prescribed:
(c) such other tax as the Government may, by notification, direct any Gram Panchayat or class of Gram Panchayats to levy subject to such rules as may be prescribed
Provided that no such notification shall be issued and no such rule shall be made except with the previous approval of the Legislative Assembly of the State.
(2) A duty shall also be levied on transfers of property situated in the area under the jurisdiction of the Gram Panchayat in accordance with the provision
(1) The house tax referred to in clause (a) of sub section (1) of Section 60 shall, subject to such rules as may be prescribed, be levied on all houses in the village on any one of the following basis, namely:
(a) annual rental value, or
(b) capital value, or
(c) such other basis as may be prescribed:
Provided that no house tax shall be levied on poultry sheds and annexes thereto which are essential for running the poultry farms.
(2) The house tax shall, subject to the prior payment of the land revenue, if any due to the Government in respect of the site of the house be a first charge upon the house and upon the movable property, if any, found within or upon the same and belonging to the person liable t
(1) The Government may, by order published in the Andhra Pradesh Gazette, for special reasons to be specified in such order direct any Gram Panchayat to levy the house tax referred to in clause (a) of sub section (1) of Section 60 at such rates and with effect from such date not being earlier than the first day of the year immediately following that in which the order is published, as may be specified in the order Such direction may be issued in respect of all buildings in a Gram Panchayat or in respect of only buildings belonging to the undertakings owned or controlled by the State Government or Central Government and the buildings belonging to the State Government as may be specified therein.
(2) When an order under sub section (1) has been published, the provisions of this Act relating to house tax shall apply as if the Gram Panchayat had, on the date of publication of such orde
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 Gram Panchayat may with the approval of the Zilla Parishad by resolution determine:
Provided that the rates shall be subject to the maximum and minimum prescribed 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
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(1) No advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, boarding or structure within the Gram Panchayat or shall be displayed in any manner whatsoever in any place without the written permission of the executive authority.
(2) The executive authority shall not grant such permission if --
(i) the advertisement contravened any bye law made by the Gram Panchayat under Section 270;
(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 executive authority shall grant permission for the period to which the payment of the tax relates and no fees shall be charged in r
The permission granted under Section 64 shall become void in the following cases namely: -
(a) if the advertisement contravenes any bye law made by the Gram Panchayat under Section 270;
(b) if any addition to the advertisement be made except for the purpose of making it secure under the direction of Engineer of the Panchayat Raj and Rural Development Department or the Mandal Parishad Development Officer;
(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, f
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 63 or Section 64 or after the written permission for the erection, exhibition, fixation or retention thereof for any period has expired or becomes 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 63, Section 66 or after the written permission for the erection, exhibition, fixation or retention thereof for any period has expired or become void, the executive authority 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 executive authority may farm out of the collection of any tax on advertisement leviable under Section 63 for any period not exceeding one year at a time on such terms and conditions as may be determined by the Gram Panchayat
(1) The duty on transfers of property shall be levied by the Government;
(a) in the form of a surcharge on the duty imposed by the Indian Stamp Act, 1899 (Central Act 2 of 1899), as in force for the time being in the State, on every instrument of the description specified below, in so far as it relates to the whole or part of immovable property as the case may be, situated in the area under the jurisdiction of a Gram Panchayat; 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 or value of the consideration for the sale, as setforth in the instrument or the market value of the property which is the s
The vehicle tax referred to in clause (i) of sub section (3) of Section 60 shall, subject to such rules as may be made in this behalf including rules, relating to the exemptions and restrictions, be levied every year on all vehicles kept or used within the village at such rates as may be fixed by the Gram Panchayat not being less than the minimum rates and not exceeding the maximum rates prescribed
ExplanationIn this section, "vehicle" means a conveyance suitable for use on roads or rails and includes any kind of carriage, cart, wagon, wheel borrows, truck, bicycle, tricycle and rickshaw, but does not include a motor vehicle as defined in the Motor Vehicles Act, 1988 (Central Act 59 of 1988).
Subject to such rules as may be prescribed, a Gram Panchayat shall levy a special tax on houses at such rates as may be prescribed, to provide for expenses connected with the construction, maintenance, repair, extension and improvement of water or drainage works or the lighting of the public streets and public places, and other similar works.
Subject to such conditions and restrictions as may be prescribed, a Gram Panchayat may, on application by the owner of a factory or a contiguous group of buildings, permit him to compound all or any of the taxes payable by him under this Act, by paying in lieu thereof such lumpsum amount as may be agreed upon between him and the Gram PanchayatWhere there is no such agreement the matter may be referred to the Government in the manner prescribed and the Government shall, after giving to the Gram Panchayat and the owner of the factory or a contiguous group of buildings concerned an opportunity of making a representation, decide the lumpsum amount payable by the owner of the factory or a contiguous group of buildings under this sectionThe decision of the Government in this regard shall be final
Subject to such restrictions and control as may be prescribed, a Gram Panchayat 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:
Provided that where the District Collector or any of his subordinates is responsible for the collection of any tax, fee or other amount due to a Gram Panchayat, the power to write off such tax, fee or amount or any sum payable in connection therewith on the ground of its being irrecoverable, shall be exercised by the Commissioner of Land Revenue or subject to his control by the District Collector or any officer authorised by him.
(1) All moneys received by the Gram Panchayat shall constitute a fund called the "Gram Panchayat Fund" and shall be applied and disposed of in accordance with the provisions of this Act and other laws:
Provided that the Gram Panchayat shall credit, subject to such rules as may be prescribed, the proceeds of any tax or fee levied under this Act, to a special fund earmarked for the purpose of financing any specific public improvementA separate account shall be kept of the receipts into and the expenditure from such special fund.
(2) Subject to the provisions of sub section (1), the receipts which shall be credited to the Gram Panchayat fund shall include -
(i) the house tax and any other tax or any cess or fee, levied under this Act;
(ii) the proce
(1) The purposes to which the Gram Panchayat fund may be applied include all objects expressly declared obligatory or discretionary by this Act or any rules made thereunder or by any other laws or rules and the fund shall be applicable thereto within the village subject to such rules or special orders as the Government may prescribe or issue and shall, subject as aforesaid, be applicable to such purposes outside the village if the expenditure is authorised by this Act or specially sanctioned by the Commissioner.
(2) (a) It shall be the duty of every Gram Panchayat to provide for the payment of --
(i) any amounts falling due on any loans contracted by it;
(ii) the salaries and allowances and the pensions, pensionary contributions and provident fund contributions of its officers and servants;
The cost of the preparation and revision of the electoral roll, the cost of election expenses, including the conduct of elections to the Gram Panchayat and the cost of maintenance of election establishment employed in connection therewith, shall be borne by the Government
(1) The executive authority shall in each year frame before the prescribed date and place before the Gram Panchayat or, the budget showing the probable receipts and expenditure during the following year and the Gram Panchayat shall, within one month of the date on which the budget is placed before it, sanction the budget with such modifications, if any, as it thinks fit:
Provided that if for any reasons, the budget is not sanctioned by the Gram Panchayat under this sub section before the expiration of the period of one month aforesaid, the executive authority shall submit the budget to the Divisional Panchayat Officer, who shall sanction it with such modifications, if any, as he thinks fit.
(2) Where the budget is sanctioned by the Gram Panchayat it shall be forwarded by the executive authority on or before such date as may be prescribe
If the expenditure incurred by the Government or by any other Gram Panchayat or the Mandal Parishad or Zilla Parishad or by any other local authority in the State for any purpose authorised by or under this Act is such as to benefit the inhabitants of the village, the Gram Panchayat may, with the sanction of the Commissioner, and shall if so directed by him, make a contribution towards such expenditure
(1) 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 may -
(a) by order direct any person having custody of the Gram Panchayat fund to pay to them in priority to any other charges against such fund, except charges for the service of authorised loans, any loan or advance made by them to the Gram Panchayat for any purpose to which its funds may be applied under this Act;
(b) recover any such loan or advance by suit.
(2) The person to whom the order referred to in clause (a) of sub section (1) is addressed shall be bound to comply with such order.
(1) All public water courses, springs, reservoirs, tanks, cisterns, fountains, wells, stand pipes and other water works (including those used by the public to such an extent as to give a prescriptive right to their use) whether existing at the commencement of this Act or afterwards made, laid or erected and whether made, laid or erected at the cost of the Gram Panchayat or otherwise for the use or benefit of the public, and also any adjacent land, not being private property, appertaining thereto shall vest in the Gram Panchayat and be subject to its control:
Provided that nothing in this sub 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) Subject to such restrictions and control as may be prescribed, the Gram Panchayat shall have the fishery
(1)
(a) The Gram Panchayat may, in the interests of public health, regulate or prohibit the washing of animals or of clothes or other articles or fishing in any public spring, tank or well or in any public water course or part thereof and may set apart any such place for drinking or for bathing or for washing animals or clothes or for any other specified purpose.
(b) The powers conferred by clause (a) may, in the case of any private spring, tank, well, or water course, be exercised by the Gram Panchayat, with the consent of the owner of such place.
(c) The Gram Panchayat may, in the interests of public health, regulate or prohibit the washing of animals or of clothes or of other articles, in any private spring, tank, well or water course from which the public have a right to take water for dr
No person shall --
(a) bathe in or defile, the water in any place set apart for drinking or cooking purposes either by a Gram Panchayat or in the case of private property, by the owner thereof; or
(b) deposit any offensive or deleterious matter in the bed of any place set apart as aforesaid when such bed is dry; or
(c) wash clothing in any place set apart as aforesaid; or
(d) wash any animal or any cooking utensil or wool, skins, or other foul or offensive substance or deposit any offensive or deleterious matter in any other place set apart as aforesaid or set apart for bathing or for washing clothes; or
(e) allow the water from a sink, sewer, drain, engine or boiler, or any other offensive matter belong
Where a mosque, temple, mutt or any place of religious worship or instruction or any place which is used for holding fairs or festivals or for other like purposes is situated within the limits of a village or in the neighbourhood thereof and attracts either throughout the year or on 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 Gram Panchayat but the Government may, after consulting the trustee or other person having control over such place, require him to make such recurring or non recurring contribution to the funds of the Gram Panchayat as they may determine.
The executive authority of a Gram Panchayat may contract with the owner or occupier of any premises to remove rubbish or filth or any particular kind of rubbish or filth, from such premises or any place belonging thereto, on such terms as to times and periods of removal and other matters as may deem fit and suitable to the executive authority and on payment of fees at such rate calculated to cover the cost of the service as the Gram Panchayat may fix.
(1) Every owner or person having the control of any place used at the commencement of this Act as a place for burying, burning or otherwise disposing of the dead, shall, if such place be not already registered under any law applicable thereto, apply to the Gram Panchayat to have such place registered under this Act.
(2) If it appears to such Gram Panchayat that there is no owner or person having the control of such place, the Gram Panchayat shall assume such control and register such place or may close it.
(1) No new place for the disposal of the dead whether private or public, shall be opened formed, constructed or used, unless a licence is obtained, from the Gram Panchayat on application.
(2) Such application for a licence shall be accompanied by a plan of the place to be licensed 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 Gram Panchayat may require.
(3) The Gram Panchayat to which an application is made, may, in consultation with the District Health Officer --
(a) grant or refuse a licence, or
(b) postpone the grant of licence, until objections if any, to the site, considered reasonable by the Gram Panchayat have been
A Gram Panchayat may, and shall, if no sufficient provision exists, provide at the cost of the Gram Panchayat fund, places to be used as burial or burning grounds or crematoria, and may charge rents and fees for the use thereof.
(1) A book shall be kept at the office of every Gram Panchayat in which the places registered, licensed or provided under Section 85, Section 86, Section 87 and all such places registered, licensed or provided before the commencement of this Act shall be recorded
(2) A notice in English and in the chief language of the village that such place has been registered, licensed or provided as aforesaid, shall be affixed at or near the entrance to such place conspicuously.
No person shall bury, burn or otherwise dispose of or cause or suffer to be buried, burnt or otherwise dispose of, any corpse in any place within two hundred metres of a dwelling place or any source of drinking water supply other than a place 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 Gram Panchayat.
(1) If a Gram Panchayat is satisfied, --
(a) that any registered or licensed place for the disposal of the dead is in such a state or a 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 authorised 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 approval of Commissioner, give notice that it shall not be lawful, after a period of not less than two months to be specified in such notice, to bury, burn or otherwise dispose of, any corpse at such place.
(2) Every notice given
(1) A Gram Panchayat may and, if so required by the District Magistrate, shall, give public notice that unlicensed pigs or dogs, straying within the specified limits will be destroyed.
(2) When such notice is 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.
No owner or occupier of any premises shall allow the water from any sink, drain, latrine, or stable or any other filth, to flow out of such premises to any portion of a public road except a drain or cess pool or to flow out of such premises in such a manner as to cause nuisance by the soakage of the said water or filth into the walls or ground at the side of a drain forming a portion of such public road.
(1) If it appears necessary to improve the sanitary conditions of any area within the village, the executive authority may, by written notice, require owner or occupier of any of the lands, and houses in area, within a reasonable period to be specified in the notice,
(a) to remove a hut or privy either wholly or in part;
(b) to construct in a building, private drains therefor or to alter or to remove, any private drain thereof;
(c) to cause any land or building to be cleansed to the satisfaction of the executive authority;
(d) where any land or building contains a well, pool, ditch, pond, tank, or any drain, filth or stagnant water which is injurious to health or offensive to the neighbourhood or is otherwise a source of nuisance, to cause the same
(1) No person shall work a quarry in, or remove stones, earth or other material from, any place within twenty metres of a public road or of other immovable property vesting in or belonging to the Gram Panchayat under a licence issued by a Gram PanchayatThe Gram Panchayat may either grant or refuse to grant a licence and in the later case the reasons for refusal shall be communicated to the person concerned.
(2) If, in the opinion of the Gram Panchayat, the working of any quarry or the removal of stone, earth or other material from any place is dangerous to any person residing in, or having legal access to the neighbourhood thereof, or creates or is likely to create a nuisance, the Gram Panchayat 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 t
No person shall build any wall or erect any fence or other obstruction or projection or make any encroachment in or over any public road except as hereinafter provided.
(1) No door, gate, bar or ground floor window shall, without a licence from the executive authority, be hung or placed so as to open outwards upon any public road vested in the Gram Panchayat.
(2) The executive authority may, by notice, require the owner of such door, gate, bar or ground floor window to alter it, so that no part thereof when open shall project over the public road.
(1) The executive authority may, by notice, require the owner or occupier of any building to remove or alter any projection, encroachment or obstruction, other than a door, gate, bar or ground floor window, situated against or in front of such building and in or over any public road vested in such Gram Panchayat.
(2) If the owner or occupier of the building proves that any such projection, encroachment or obstruction 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 with the permission or licence of any local authority duly empowered in that behalf, and that the period, if any, for which the permission or licence is valid has not expired, the Gram Panchayat shall make reasonable compensation to every person who suffer damages by the removal or alteration of the same.
(1) The executive authority may, with the approval of the Gram Panchayat, grant a licence, subject to such conditions and restrictions as he may think fit to the owner or occupier of any building to put up verandahs, balconies, sunshades, whether frames and the like, to project over a public road vested in such Gram Panchayat; or to construct any step or drain covering necessary for access to the building.
(2) The executive authority may grant a licence, subject to such conditions and restrictions as he may think fit for the temporary erection of pandal and other structures in a public road vested in such Gram Panchayat; or in any other public place the control of which is vested in such Gram Panchayat.
(3) The executive authority shall have power with the approval of the Gram Panchayat, to lease the roadsides vested in such Gram Panchay
(1) No building shall be erected without the written permission of the executive authority or any person authorised by such executive authority, over any sewer or drain or any part of sewer or drain or upon any ground which has been covered, raised or levelled wholly or in part by road sweepings or other rubbish.
(2) The Executive Authority or the person authorised by him as aforesaid may, by notice, require any person who has erected a building without such permission or in a manner contrary to or inconsistent with the terms of such permission, to demolish the same.
(1) No person shall make a hole or cause any obstruction in any public road vested in a Gram Panchayat except with the previous permission of the executive authority and subject to such conditions as the executive authority 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 to be sufficiently lighted during the night.
(3) If any person contravenes the provisions of this section, the Executive Authority shall fill up the hole or remove the obstruction or cause the hole or obstruction to be lighted, as the case may be, and may recover the cost of so doing from such person
(1) No person shall plant any tree on any public road or other property vesting in or belonging to a Gram Panchayat, except with the previous permission of the Executive Authority and on such conditions as the executive authority may impose.
(2) No person shall fell, remove, destroy lop or strip bark, leaves or fruits from, or otherwise damage any tree vesting in or belonging to a Gram Panchayat and growing on any such public road or property, except with the previous permission or order of the executive authority and on such conditions as the executive authority may impose.
(1) If any person, without the previous sanction of the Gram Panchayat, occupies any land which is set apart for any public purposes and is vested in or belongs to it, he shall be bound to pay in respect of such occupation such sum as may be demanded by the Gram Panchayat by way of penalty; and any such sum may be recovered in the manner hereinafter provided.
(2) The Executive Authority may, by notice require any person on whom a penalty is or may be imposed under sub section (1) to vacate such land and to remove any building or other construction or anything deposited on it.
(3) If any damage to the property of the Gram Panchayat has been caused by any person occupying any land for which he is liable to pay penalty under sub section (1), he shall be liable to pay compensation to the Gram Panchayat for such damage in addition to and irre
(1) The Gram Panchayat may provide places for use as public markets and, with the sanction of the Commissioner, close any such market or part thereof.
(2) Subject to such rules as may be prescribed the Gram Panchayat may levy one or more of the following fees in any public market at such rates, not exceeding the maximum rates, if any prescribed in this behalf, as the Gram Panchayat may think fit,
(a) fees for the use of, or for the right to expose goods for sale in, such market;
(b) fees for the use of shops, stalls, pens or stands in such markets;
(c) fees on vehicles including motor vehicles as defined in the Motor Vehicles Act, 1988 (Central Act 59 of 1988) or pack animals bringing or persons carrying, any goods for sale in such markets;
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(1) No person shall open a new private market or continue to keep open a private market unless he obtains from the Gram Panchayat a lience to do so.
(2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought not less than thirty and not more than ninety days before such place is opened as a market, or the commencement of the year for which the licence is sought to be renewed, as the case may be.
(3) The Gram Panchayat shall, as regards private markets already lawfully established and may, 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 market, as
When a licence granted under Section 104 permits the levy of any fees of the nature specified in sub section (2) of Section 104 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 Gram Panchayat for such licence.
The Executive Authority may expel from any public market any person who or whose servant has been convicted of disobeying any bye laws for the time being in force in such market, and may prevent such persons 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 shop, stall or place.
(1) The Gram Panchayat 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 Gram Panchayat may think fit;
(b) roof and pave the whole or any portion of it or pave any portion of the floor with such material as will in the opinion of the Gram Panchayat secure imperviousness and ready cleansing;
(c) ventilate it properly and provide it with an adequate supply of water;
(d) provide passages of sufficient width between the stalls and make such alterations in the stalls, passages, shops, doors or other parts of the market as the Gram Panchayat may d
If any question arises as to whether any place is a market or not, the Gram Panchayat shall make a reference thereon to the Government and their decision shall be final.
No person shall sell or expose for sale any animal or article,
(a) in any unlicensed private market; or
(b) in any public or licensed private market without the permission of the Executive Authority or licensee, as the case may be, or of any person authorised by him.
The executive authority may, with the sanction of the Gram Panchayat, prohibit by public notice or licence or regulate, the sale or exposure for sale of any animals or articles in or upon any public road or place or part thereof.
(1) The Government shall have power to classify public and private markets situated in a village as Mandal Parishad markets and Gram Panchayat markets and provide for the control of any such market and for the apportionment of the income derived therefrom between the Zilla Parishad, Mandal Parishad and the Gram Panchayat or the payment of a contribution in respect thereof to the Gram Panchayat or the Zilla Parishad or Mandal Parishad, as the case may be.
(2) In the case of markets classified as Mandal Parishad markets, the Gram Panchayat and its executive authority shall not exercise any of the powers conferred on them by Sections 104 to 111 (both inclusive).
With effect on and from the date of deposit of final compensation under sub section (1) of Section 41 of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Roytwari) Act, 1948 (Act XXIV of 1948) in respect of any estates, any place used as a market in such estates, which was vested in the Government under the provisions of the said Act, shall stand transferred to, and vest in, the Gram Panchayat in whose limits such place is situated and, thereupon, the Gram Panchayat shall provide such place for use as a public market.
The classification of public roads, fairs, and festivals, choultries, dispensaries and libraries in any Gram Panchayat area as appertaining to the Zilla Parishad, Mandal Parishad or the Gram Panchayat shall be made by the Commissioner in such manner as may be prescribed.
Subject to such rules as may be prescribed the Gram Panchayat may
(a) provide public landing places, halting places, and cart stands (which last expression includes stands for animals and vehicles of any description including motor vehicles) and levy fees for their use:
Provided that it shall be open to the Gram Panchayat to permit any person to compound such fees by paying in lieu thereof such lumpsum amount as may be fixed by the Gram Panchayat;
(b) where any such place or stand has been provided prohibit the use for the same purpose by any person within such distance thereof, of any public place or the sides of any public road, as the Gram Panchayat may, subject to the control of the Commissioner specify.
(1) No person shall open a new private cart stand or continue to keep open a private cart stand unless he obtains from the Gram Panchayat a licence to do soSuch licence shall be renewed every year.
(2) The Gram Panchayat shall as regards private cart stand already lawfully established, and may, at its discretion, as regards new private cart stands grant the licence applied for subject to such conditions as the Gram Panchayat may think fit as to supervision and inspection, conservancy and such other matters as may be prescribed, or the Gram Panchayat may refuse to grant such licence, for any new cart stand.
(3) The Gram Panchayat may modify conditions of the licence to take effect from a specified date.
(4) The Gram Panchayat may at any time suspend or cancel any licence granted under sub secti
Subject to such rules as may be prescribed, every Gram Panchayat may provide places for use as public slaughter houses and charge rents and fees for their use.
The Government shall have power to make rules for,
(a) prohibiting or regulating the slaughter, cutting up or skinning of animals specified in the rules, on all occasions not excepted therein, at places other than public slaughter houses;
(b) licensing persons to slaughter animals specified in the rules for purposes of sale to the public; and
(c) the inspection of slaughter houses and of the meat therein and the payment of remuneration to the officers employed for such inspection.
The Gram Panchayat may notify in the prescribed manner, that no place within the limits of the village shall be used for any one or more of the purposes specified in the rules made in this behalf without a licence issued by the Executive Authority in the prescribed manner and except in accordance with the conditions specified in such licence:
Provided that no such notification shall take effect until the expiry of a period of sixty days from the date of publication.
(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 made in this behalf, shall, before beginning such construction, establishment or installation, obtain the permission of the Gram Panchayat in the prescribed manner for undertaking the intended work.
(2) The application to be made under sub section (1) shall conform to such rules and shall be processed in such manner and in consultation with and approval of such authorities and subject to such conditions as may be p
No piece of land shall be used as a site for the construction of a building and no building shall be constructed or reconstructed and no addition or alteration shall be made to an existing building without the permission of the Gram Panchayat granted in accordance with the provisions 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 Gram Panchayats or with the consent of the Gram Panchayat, in respect of any particular Gram Panchayat or portion thereof, exempt all buildings or any class of buildings from all or any of the provisions of any rules or bye laws made under this Act.
(1) If in any factory, workshop or work place in which steam power, water power or other mechanical power or electrical power is used, nuisance is caused by reason of the particular kind of fuel employed or by reason of the noise or vibration created, the Gram Panchayat may issue such directions as it thinks fit for the abatement of 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 Gram Panchayat may,
(a) prohibit the use of the particular kind of fuel employed, or
(b) restrict the noise or vibration by prohibiting the working of the factory, workshop or work place between the hours of 9.30 P.Mand 5.30 A.M.
All licences, notices, permissions, given, issued or granted, as the case may be, under the provisions of this Act, shall be in accordance with such rules as may be made in this behalf.
The Government may, either generally or in any particular case, make such order or give such directions as they may deem fit, in respect of any action taken or omitted to be taken under Section 119, Section 120 or Section 122.
Notwithstanding anything in the Andhra Pradesh (Andhra Area) Places of Public Resort Act, 1888 or any other Act similar thereto for the time being in force in the State, when the Government extend that Act to any village or part thereof,
(a) the authority to whom application shall be made for a licence under that Act in respect of any place or building to be used exclusively for purposes other than the holding of cinematograph exhibitions and who may grant or refuse such licence shall be the Executive Authority, and
(b) the appeal from the order of the Executive Authority granting, refusing, revoking or suspending a licence under that Act shall lie to the Gram Panchayat.
(1) The Gram Panchayat may, in the manner prescribed, cause a name to be given to any street and shall cause a number to be affixed to the side or outer door of any building or to some place at the entrance of such building and in a like manner, may, from time to time, cause such name or number to be altered.
(2) No person shall, without lawful authority, destroy, pull down, or deface any such name or number or any number assigned to any building in any such area.
(3) When a number has been affixed, 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 prescribed authority may, by notice require him to replace it.
(1) Every licence and permission granted under this Act or any rule or bye law made under this Act shall specify period, if any, for which, and the restrictions limitations and conditions subject to which the same is granted and shall be signed by the Executive Authority or by some person duly authorised by him in this behalf.
(2) Save as otherwise expressly provided in or may be prescribed under this Act, for every such licence or permission fees may be charged on such units and at such rates as may be fixed by the Gram Panchayat:
Provided that a person who is a barber, washerman, medari or kummara or other village artisan by profession shall not be liable to pay any fees in relation to the licence granted to him for the use of any place in the Gram Panchayat for exercising his profession or transacting his business as such.
&
(1) An appeal shall lie to the Gram Panchayat from
(a) any order of the Executive Authority granting, refusing, suspending or revoking a licence or permission;
(b) any other order of the Executive Authority that may be made appealable by rules made under Section 268.
(2) A second appeal shall lie from the decision of the Gram Panchayat passed in an appeal under sub section (1) to such authority as may be prescribed whose decision thereon shall be final.
In any case in which no time is fixed by the foregoing provisions of this Act for the presentation of an appeal allowed thereunder, such appeal shall, subject to the provisions of Section 5 of the Indian Limitation Act, 1963 (Central Act 36 of 1963) be presented within thirty days after the date of receipt of the order from which the appeal is preferred.
Nothing in this Act or in any rule, bye law or regulation made thereunder shall be construed as requiring the taking out of any licence or the obtaining of any permission under this Act or any such rule, bye law or regulation in respect of any place in the occupation or under the control of the State or Central Government or of a Mandal Parishad or Zilla Parishad or of a Market Committee constituted under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (Act 16 of 1966) or in respect of any property of the State or Central Government or of any property belonging to such Mandal Parishad or Zilla Parishad or Market Committee.
(1) Whenever by any notice, requisition or order under this Act, or under any rule, bye law or regulation made thereunder, any person is required to execute any work 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 -
(a) the Executive Authority may cause such work to be executed, or may take any measures or do anything which may in his opinion be necessary for giving due effect to the notice, requisition or order and all expenses thereby incurred by the Gram Panchayat shall be paid by the person or persons upon whom a notice was served and shall be recoverable in the manner hereinafter provided; and further
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(1) Subject to such restrictions and conditions as may be prescribed the Executive Authority or any person authorised by him may, between sunrise and sunset on any day enter any place building or land with or without notice and with or without assistants, or workmen in order to make an inquiry, inspection, test, examination, survey, measurement or valuation or to execute any other work which is authorised by the provisions of the Act or of any rule, bye law, regulation or order made under it or which it is necessary to make or execute for any of the purposes of this Act or in pursuance of any of the said provisions.
(2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under sub section (1) or the use of any force necessary for effecting an entrance under that sub section.
The Executive Authority or any person authorised by him may examine and test the weights and measures used in the markets and shops in the village with a view to the prevention and punishment of offences relating to such weights and measures under Chapter XIII of the Indian Penal Code.
(1) The Executive Authority may, by an order in writing require the Village Development Officer having jurisdiction over the Gram Panchayat to furnish him information on any matter falling within such categories as may be prescribed in respect of village within his jurisdiction or any part thereof or any person or property therein and such Village Development Officer shall comply with such order.
(2) The order shall specify the period within which it may be complied with but the Executive Authority may, from time to time, extend such period.
No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any tax or other amount due to a Gram Panchayat under this Act or any rule, bye law, regulation or order made under it, after the expiration of a period of three years from the date on which distraint might first have been made, a suit might first have been instituted, or prosecution might first have been commenced as the case may be in respect of such tax or amount.
Save as otherwise expressly provided in this Act, no person shall be tried for any offence against this Act or any rule or bye law made thereunder, unless complaint is made within twelve months of the commission of the offence by the police the Executive Authority or person expressly authorised in this behalf by the Gram Panchayat or Executive Authority:
Provided that failure to take out a licence, obtain permission or secure registration under this Act, shall, for the purposes of this section be deemed a continuing offence until the expiration of the period if any, for which the licence, permission or registration is required and if no period is specified, complaint may be made at any time within twelve months from the commencement of the offence.
(1) The Executive Authority may, subject to such restrictions and control, as may be prescribed compound for a sum not exceeding rupees five hundred, any offence against the provisions of this Act or any rule or bye law made thereunder, which may by rules, be declared compoundable.
(2) On payment of the amount by way of composition no further proceedings shall be taken or continued against the defaulter in regard to the offence or alleged offence so compounded.
(3) Nothing in this section shall apply to election offences.
Every prosecution instituted or offence compounded by the Executive Authority shall be reported by him to the Gram Panchayat at its next meeting.
(1)Subject to the provisions of Section 138, no suit or other legal proceeding shall be brought against any Gram Panchayat or the Sarpanch or the executive authority or any member, officer or servant of such Gram Panchayat or against any person acting under the direction of such Gram Panchayat, Sarpanch, executive authority, member, officer or servant, in respect of any act done or purporting to be done under this Act or in respect of any alleged neglect or default in the execution of the provisions of this Act or any rule, bye-law, regulation or order made under it, until the expiration of two months next after notice in writing stating the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of residence of the intended plaintiff, has been left at the office of the Gram Panahcyat and if the proceeding is intended to be brought against any such Sarpanch, executive author
Every police officer in whose jurisdiction the village is situated, shall be bound to assist the Gram Panchayat and its officers and servants in the exercise of their lawful authority.
Any person who prevents the Executive Authority or any person to whom the Executive Authority has lawfully delegated his powers of entering on or into any place, building or land, from exercising his lawful power of entering thereon or thereinto shall be deemed to have committed an offence under Section 344 of Indian Penal Code.
Whoever obstructs a Gram Panchayat or the Sarpanch, the Executive Authority or a member of the Gram Panchayat or any person employed by the Gram Panchayat or any person with whom it has contracted in the performance of its duty under the provisions of this Act or of any rule made thereunder, or prevents or tries to prevent any person from doing anything which he is empowered or required to do, by virtue of this Act, or removes any mark set up for the purpose of indicating any level or direction incidental to the carrying out of any work authorised by this Act, or removes, destroys, or defaces or otherwise obliterates any notice put up or exhibited by the Gram Panchayat or under its authority, shall be liable on conviction to a fine not exceeding fifty rupees.
Any person required by this Act or by any notice or other proceedings issued thereunder to furnish any information, who omits to furnish such information or knowingly furnished false information shall be punishable with fine not exceeding ten rupees.
(1) Notwithstanding anything in this Act, when a local area is notified as a village under Section 3, for the first time, the Commissioner shall appoint a special officer to exercise the powers and perform the functions of the Gram Panchayat and its Sarpanch and Executive Authority and the members and Sarpanch thereof who are duly elected assume office.
(2) The special officer shall cause arrangements for the election of the member of the Gram Panchayat to be made before such date as may be fixed by the Commissioner in this behalf
Provided that the Commissioner may, from time to time, postpone the date so fixed, if for any reason, the elections cannot be completed before such date.
(3) The Government, or as the case may be, an officer authorised by the Government, shall appoint a special offi
All roads, markets, wells, tanks, reservoirs and water ways vested in or maintained by a Gram Panchayat shall be open to the use and enjoyment of all persons, irrespective of their caste and creed.
A Gram Panchayat shall have power to farm out the collection of any fees due to it under this Act or any rule, bye law or regulation made thereunder, for any period not exceeding three years at a time on such condition as it thinks fit.
(1) The Commissioner may, at the request of the Gram Panchayat or otherwise, by notification, declare that any of the provisions of the law relating to municipalities for the time being in force or of any rule made thereunder including those relating to taxation, shall be extended to and be in force in the village or any specified area therein.
(2) The provisions so notified shall be construed with such alterations not affecting the substance may be necessary or proper for the purpose of adopting them to the village or specified area therein.
(3) Without prejudice to the generality of the foregoing provision, all references to a municipal council or the Chairperson or the Executive Authority thereof shall be construed as references to the Gram Panchayat or the Sarpanch or the Executive Authority thereof, all references to any officer or
Notwithstanding anything in this Act, or in any law relating to other local authorities, the Government may, in consultation with the Mandal Parishad or Zilla Parishad or other local authority as the case may be, and the Gram Panchayat concerned, by notification, and subject to such restrictions and conditions and to such control and revision as may be specified therein, direct that, 197
(a) any power or function vested in the Gram Panchayat by or under this Act, shall be transferred to and exercised and performed by the Mandal Parishad or Zilla Parishad or the other local authority; and
(b) any power or function vested in the Mandal Parishad or Zilla Parishad or the other local authority shall be transferred to and exercised and performed by the Gram Panchayat
ExplanationFor the purposes of
(1) There shall be constituted by the Government by notification from time to time, and with effect on and from such date, as may be specified therein constitute a Mandal Parishad for each Mandal.
(2) Where under sub section (2) of Section 3 of the Andhra Pradesh Districts (Formation) Act, 1974 (Act 7 of 1974) a Mandal is redelimited or a new Mandal is formed, the Government may, by notification, reconstitute the Mandal Parishad for the redelimited Mandal or constitute a new Mandal Parishad for the new MandalOn such reconstitution or constitution the Mandal Parishad or Mandal Parishads concerned functioning immediately before such reconstitution or constitution, shall stand abolished:
Provided that in reconstituting the Mandal Parishad the Government may direct that the President, the Vice President or an elected member of the Mandal Pa
(1) Every Mandal Parishad shall consist of the following members, namely, -
(i) persons elected under Section 151;
(ii) the Member of the Legislative Assembly of the State representing a constituency which comprises either wholly or partly the Mandal concerned;
(iii) the Member of the House of the People representing a constituency which comprises either wholly or partly the Mandal concerned;
(iv) any Member of the Council of States who is a registered voter in the Mandal concerned.
(v) One person belonging to minorities to be coopted in the prescribed manner by the members specified in clause (i) from among persons who are registered voters in the Mandal and who are not less than 21 years of age.
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For the purpose of electing the members specified in clause (i) of sub section (1) of Section 149, the Commissioner shall, subject to such rules as may be made in this behalf, divide each Mandal Parishad area into as many territorial constituencies as he may, by notification specify, in such manner that, as far as practicable, shall consist of a population ranging between three thousand and four thousand; and that the ratio between the population of each constituency and the number of seats allotted to it shall, as far as practicable, be the same throughout the Mandal Parishad area:
Provided that the ratio between the population of the territorial area of a Mandal Parishad and the number of seats in such Parishad to be filled by election shall, as far as practicable, be the same throughout the State:
(1) One member shall be elected to the Mandal Parishad from each territorial constituency specified in Section 150 by the method of secret ballot by the persons who are registered voters in the territorial Constituency concerned:
Provided that a registered voter in the Mandal Parishad shall be entitled to contest from any territorial constituency of the Mandal Parishad.
(2) For purposes of preparation and publication of the electoral roll for the elections to the office of member under this section, the provisions of Sections 11 and 12 shall, mutatis mutandis apply, subject to such rules as may be made in this behalf.
(1) In every Mandal Parishad out of the total strength of elected members determined under Section 150, the Commissioner shall, subject to such rules as may be prescribed, by notification, reserve, -
(a) such number of seats to the members belonging to Scheduled Castes and Scheduled Tries as may be determined by him, 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 Mandal Parishad as the population of Schedule Castes or as the case may be, the Scheduled Tribes in that Mandal bears to the total population of that Mandal and such seats may be allotted by rotation to different constituencies in a Mandal Parishad in the manner prescribed.
(b) x x x
(c) not less th
(1) For every Mandal Parishad there shall be one President and one Vice President who shall be elected by and from among the elected members specified in clause (i) of sub section (1) of Section 149 by show of hands duly obeying the party whip given by such functionary of the recognised political party as may be prescribedIf at an election held for the purpose no President or Vice President is elected, fresh election shall be held the names of the President or Vice President so elected shall be published in the prescribed manner:
Provided that if a Member of the Legislative Assembly of the State or of either House of Parliament is elected to either of the said offices, he shall cease to hold such office unless within fifteen days from the date of election to such office, he ceases to be member of the Legislative Assembly of the State or of either House of Parliament by resignation
Save as otherwise provided in this Act, -
(i) an ex officio member of the Mandal Parishad shall hold office so long as he continues to hold office by virtue of which he became such ex officio member;
(ii) a member elected at an ordinary election or a co opted member shall hold office for a term of five years from the date appointed by the Andhra Pradesh Election Commissioner for Local Bodies for the first meeting of the Mandal Parishad after the said ordinary election.
No person shall be eligible for election as member of a Mandal Parishad unless his name appears in the electoral roll of the Mandal Parishads concerned and he has completed the age of twenty one years.
(1) A member of the Mandal Parishad shall be disqualified for election as President or Vice President if he is in arrears of any dues, otherwise than in a fiduciary capacity to a Gram Panchayat, a Mandal Parishad or the Zilla Parishad or if he is interested in a subsisting contract made with, or any work being done, for, any Gram Panchayat in the Mandal or the Mandal Parishad or the Zilla Parishad within whose jurisdiction the Mandal Parishad is situated or any other Mandal Parishad within the jurisdiction of that Zilla Parishad:
Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in, -
(i) a company as a mere shareholder but not as a director;
(ii) any lease, sale or purchase of immovable property or any a
The President, the Vice President, elected member or co opted member may resign his office in such manner as may be prescribed.
The Collector, the Sarpanches of all the Gram Panchayats within the jurisdiction of the Mandal Parishad the member of the Zilla Parishad specified in Clause (i) of sub section (3) of Section 177 elected from the Mandal concerned, the Chairperson, Zilla Parishad, and the President of Agricultural Marketing Committee] shall be permanent invitees to the meetings of the Mandal Parishad and they shall have the right to speak in and otherwise to take part in the proceedings of any meeting of a Mandal Parishad functioning within the local limits of their respective jurisdictions but shall not, by virtue of this section be entitled to vote at any such meeting.
Section 158 of the Andhra Pradesh Panchayat Raj Act, 1994, deals with the inclusion of permanent invitees in the meetings of Mandal Parishads. It aims to facilitate broader participation and transparency in local governance by specifying the persons who can attend these meetings as invitees.
Section 158 specifies the list of persons who shall be permanent invitees to the meetings of the Mandal Parishad. It allows the President of the Mandal Parishad to invite certain persons to attend its meetings, thereby promoting inclusivity and stakeholder engagement in local decision-making processes.
The section does not specify any punishment or penal provisions related to its contravention. Its primary function is procedural, focusing on participation rather than enforcement.
Note: The analysis is based on the available sources, primarily focusing on the procedural and participatory aspects of Section 158, without delving into penalties or enforcement provisions, as they are not specified in the provided materials.
(1) The President of a Mandal Parishad may for purposes of consultation, invite any person other than an office bearer of any political party having experience and specialized knowledge of any subject under the consideration of the Mandal Parishad to attend the meeting of the Mandal ParishadSuch person shall have the right to speak in, and otherwise to take part in the proceedings of such meeting, but shall not, by virtue of this section be entitled to vote at any such meeting.
(2) A person attending a meeting under sub section (1) shall be entitled to such allowances as may be prescribed.
Every Mandal Parishad shall in regard to the conduct of business as its meetings, follow such rules as may be prescribed.
(1) Subject to the provisions of this Act, the administration of the Mandal shall vest in the Mandal Parishad Every Mandal Parishad shall endeavour to instill among the people within its jurisdiction spirit of self help and initiative and harness their enthusiasm for raising the standard of living, it shall exercise all the powers conferred on, and perform all the functions entrusted to it by or under this Act, and such other powers and functions as may be conferred on, and entrusted to it by the Government for carrying out the the purposes of this Act, but it shall not exercise the powers or perform the functions expressly assigned by or under this Act, or any other law to its President or to the Mandal Parishad Development Officer or to the Zilla Parishad or any other authority, it shall do extension and review functions at the Mandal level effectivelyIt may, with the previous approval of the Government and subject to such
(1) Notwithstanding anything in this Act and subject to the rules made in this behalf, two or more Gram Panchayats may -
(i) construct and maintain water works for supply of water for washing and bathing purposes and protected water for drinking purposes from a common source, and
(ii) entrust to Mandal Parishad with its consent and on such terms as may be agreed upon the management of any institution or the execution or maintenance of any work.
(2) Subject to the provisions of this Act and the rules made thereunder, two or more Mandal Parishads may establish and maintain common dispensaries, child welfare centres and institutions of such other kinds, as may be prescribed.
A Mandal Parishad may, at any time require the Mandal Parishad Development Officer to furnish any document in his custodyThe said officer shall comply with every such requisition.
A Mandal Parishad may require any Village Development Officer of any village within the jurisdiction of the Mandal Parishad to furnish any information on any matter falling within such categories as may be prescribed in respect of such village or any person or property therein required for the purposes of this Act.
(1) The President of a Mandal Parishad shall, -
(a) exercise administrative control over the Mandal Parishad Development Officer for the purposes of implementation of the resolution of the Mandal Parishad;
(b) preside over and conduct the meetings of the Mandal Parishad; and
(c) have full access to all records of the Mandal Parishad.
(2) In case of emergency the President may in consultation with the Mandal Parishad Development Officer direct the execution of any work or the doing of any act which requires the sanction of the Mandal Parishad and the immediate execution or the doing of which is, in his opinion, necessary for the service or safety of the general public, but he shall report the action taken under this sub section and the reasons there
Any member of a Mandal Parishad may draw the attention of the President or the Mandal Parishad Development Officer to any neglect in the execution of Mandal Parishad work, to any waste of Mandal Parishad property or to the needs of any locality and may suggest any improvement which may appear desirable.
(1) The Mandal Parishad Development Officer shall be the Chief Executive Officer of the Mandal ParishadHe shall be responsible for implementing the resolutions of the Mandal Parishad and shall also exercise such powers and perform such functions as may be entrusted to him by the GovernmentHe shall also exercise such powers of supervision over the Gram Panchayats in the Mandal as may be prescribed.
(2) The Mandal Parishad Development Officer shall, with the approval of, or on the direction of the President, convene the meetings of the Mandal Parishad so that atleast one meeting of the Mandal Parishad is held every month and if the Mandal Parishad Development Officer fails to discharge that duty, with the result that no meeting of the Mandal Parishad is held within a period of ninety days from the last meeting, he shall be liable to disciplinary action under the relevant rules:
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The Mandal Parishad Development Officer and other officers and staff of a Mandal Parishad and the staff employed in the institutions and schools under the Mandal Parishad shall be subordinate to the Mandal Parishad.
(1) The Government may, at any time create such posts of officers and other employees of Mandal Parishad as they may consider necessary for carrying out the purposes of this Act.
(2) All appointments to the posts created under sub section (1) and transfer of the holders of such posts shall be made subject to the provisions of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 (Act 23 of 1984), the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994 (Act 2 of 1994) and such rules as may be made under the proviso to article 309 of the Constitution of India.
(3) The Government shall pay, out of the Consolidated Fund of the State, the salaries, allowances, leave allowances, pension and contributions, if any, towards the provident fun
(1) There shall be paid to the members of a Mandal Parishad including its President and Vice President and to the Members of the Legislative Assembly and of either House of Parliament for attending a meeting of the Mandal Parishad such allowances as may be prescribed.
(2) There shall also be paid to the President in respect of his tours on duty whether within or outside the Mandal but within the District such allowances as may be prescribed.
(1) All moneys received by a Mandal Parishad shall constitute a fund called the Mandal Parishad Fund and shall be applied for the purposes specified in this Act and for such other purposes and in such manner as may be prescribed.
(2) All moneys received by the Mandal Parishad shall be lodged in the nearest Government treasury
Provided that the amounts received as funds under the Jawahar Rozgar Yojana Employment Assurences Scheme or other Wage Employment Schemes shall be lodged in nearby Nationalised banks or Co-operative Banks or PostOffices in such manner as may be prescribed.
(3) All orders or cheques against the Mandal Parishad Fund shall be signed by the Mandal Parishad Development Officer.
(1) The sources of income of Mandal Parishad shall consist of,
(i) funds relating to institutions and schemes transferred by the Government or Heads of Departments of the Government to the Mandal Parishad;
(ii) funds relating to the community development programmes;
(iii) Central and State aid and aid received from the All India Bodies and Institutions for the development of cottage and village industries, khadi, silk, coir, handicrafts and the like;
(iv) Donations and contributions received by the Mandal Parishad from Gram Panchayats or from the public in any form;
(v) such income of the Zilla Parishad as the Government may, by order, allocate to it;
(vi) suc
The cost of the election expenses including the conduct of elections to the Mandal Parishad and the cost of maintenance of election establishment employed in connection therewith shall be borne by the Government.
(1) The Mandal Parishad Development Officer shall, in each year frame and place before the Mandal Parishad on or before the prescribed date a budget showing the probable receipts and expenditure during the following year, and the Mandal Parishad shall sanction the budget with such modifications, if any, as it thinks fit.
(2) The budget as so sanctioned shall be submitted by the Mandal Parishad Development Officer on or before such date as may be prescribed, to the Zilla Parishad and where there is not such Zilla Parishad to the District Collector, and if the Zilla Parishad or the District Collector as the case may be is satisfied that adequate provision has not been made therein for giving effect to the provisions of this Act, it or he shall have power to approve the budget with such modifications as may be necessary to secure such provisions.
A Mandal Parishad may, and if so required by the Government shall, join with one or more than one other local authority in constituting a joint committee for any purpose for which they are jointly responsible.
The constitution, powers and procedure of the Joint Committee referred to in Section 175 and the method of setting differences of opinion, arising in connection with such committee between the local authorities concerned shall be in accordance with such rules as may be prescribed.
(1) There shall be constituted by the Government by notification a Zilla Parishad for a District with effect from such date as may be specified therein.
(2) Every Zilla Parishad shall, by the name of the District for which it is constituted, be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts and may by its corporate name, sue and be sued.
(3) Every Zilla Parishad shall consist of the following members, namely,
(i) persons elected under Section 179;
(ii) the Member of the Legislative Assembly of the State representing the Constituency which comprises either wholly or partly the district concerned
Provided that
For purposes of electing the members specified in Clause (i) of sub section (3) of Section 177 every Mandal in the District shall be a Territorial Constituency and the Andhra Pradesh Election Commissioner for Local Bodies shall allot not more than one seat for each such Territorial Constituency.
(1) One member shall be elected to the Zilla Parishad from each Territorial Constituency specified in Section 178 by the method of secret ballot by the registered voters in the Territorial Constituency concerned
Provided that a registered voter in the district shall be entitled to contest from any Territorial Constituency of the Zilla Parishad.
(2) For purposes of preparation and publication of the electoral roll for the elections to the office of member under this section, the provisions of Sections 11 and 12 shall, mutatis mutandis apply subject to such rules as may be made in this behalf.
(1) In every Zilla Parishad, out of the total strength of elected members determined under Section 179, the Commissioner 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 him, 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 Zilla Parishad as the population of the Scheduled Castes or as the case may be Scheduled Tribes in the District bears to the total population of that District and such seats may be allotted by rotation to different constituencies in a District in the manner prescribed;
(b) x x x
(c) not less than one third of the total n
(1) For every Zilla Parishad there shall be one Chairperson and one Vice Chairperson who shall be elected by and from among the elected members specified in Clause (i) of sub section (3) of Section 177 by show of hands duly obeying the party whip given by such functionary of the recognised political party as may be prescribedIf at an election held for the purpose no Chairperson or Vice Chairperson is elected, fresh election shall be heldThe names of the Chairperson and the Vice Chairperson so elected shall be published in the prescribed manner:
Provided that if a member of the Legislative Assembly of the State or of either House of Parliament is elected to either of the said offices, he shall cease to hold such office unless within fifteen days from the date of election to such office he ceases to be Member of the Legislative Assembly of the State or of either House of Parliament
Save as otherwise provided in this Act,
(i) an ex officio member of the Zilla Parishad shall hold office so long as he continues to hold the office by virtue of which he became such ex officio member;
(ii) a member elected at an ordinary election or a coopted member shall hold office for a term of five years from the date appointed by the Andhra Pradesh Election Commission for Local Bodies for the first meeting of the Zilla Parishad after the said ordinary election.
No person shall be eligible for election as member of a Zilla Parishad unless his name appears in the electoral rolls of the Zilla Parishad concerned and he has completed the age of twenty one years.
(1) A member of the Zilla Parishad shall be disqualified for election as Chairperson or Vice Chairperson if he is in arrears of any duties, otherwise than in a fiduciary capacity to any Mandal Parishad in the District or the Zilla Parishad or if he is interested in a subsisting contract made with or any work being done for any Mandal Parishad in the District or the Zilla Parishad
Provided that a person shall not be deemed to have any interest in such contract or work by reason only of his having a share or interest in,
(i) a company as a mere shareholder but not as a director; or
(ii) any lease, sale or purchase of immovable property or any agreement for the same; or
(iii) any agreement for the loan of money or any security for the payment of mone
The Chairperson, the Vice Chairperson, an elected member or co opted member may resign his office in such manner as may be prescribed.
(1) There shall be Chief Executive Officer for every Zilla Parishad who shall be appointed by the Government.
(2) Every Chief Executive Officer shall be liable to be transferred by the Government.
(3) Save as otherwise expressly provided by or under this Act, the executive power for the purpose of carrying out the provisions of this Act, shall vest in the Chief Executive Officer who shall, -
(a) exercise all the powers and perform all the functions specially conferred or imposed upon him by or under this Act, or under any other law for the time being in force; and
(b) law down the duties of all officers and servants of, or holding office under Zilla Parishad in accordance with the rules made by the Government.
(1) For every Zilla Parishad there shall be constituted the following Standing Committees, the subjects assigned to each such Standing Committee being those specified against it, namely,
(i) Standing Committee for Planning and FinanceDistrict Plan, Budget, Taxation, Finance and Co ordination of the work relating to other committees.
(ii) Standing Committee for Rural DevelopmentPoverty Alleviation Programme, Area Development Programmes, employment, housing, co operation, thrift and small savings, industries including cottage, village and small scale industries, trusts and statistics.
(iii) Standing Committee for AgricultureAgriculture, animal husbandry, soil reclamation including contour bunding, social forestry, fisheries and sericulture.
(iv) Stan
(1) The following shall be the permanent invitees to the meetings of the Zilla Parishad:
(i) the Chairperson, District Co operative Marketing Society;
(ii) the Chairperson, Zilla Grandhalaya Samstha;
(iii) the Chairperson, District Co operative Central Bank;
(iv) the District Collector.
(v) all Presidents of Mandal Parishads in the District.
(2) The permanent invitees shall be entitled to participate in the meetings of the Zilla Parishad without right to vote.
(1) The Chairperson or Vice Chairperson of a Zilla Parishad or the Chairperson of a Standing Committee thereof may, for purposes of consultation, invite any person other than an office bearer of any political party having experience and specialised knowledge of any subject under its consideration to attend its meeting Such persons shall have the right to speak in and otherwise to take part in the proceedings of such meeting, but shall not, by virtue of this section, be entitled to vote at any such meeting.
(2) A person attending a meeting under sub section (1) shall be entitled to such allowances as may be prescribed.
Every Zilla Parishad or a Standing Committee thereof shall in regard to the conduct of business at its meetings follow such rules as may be prescribed.
A Zilla Parishad or a Standing Committee thereof may, at any time require the Chief Executive Officer to furnish any document in his custody and he shall comply with every such requisition.
(1) Every Zilla Parishad shall exercise such powers and perform such functions as may be entrusted to it by rules made in this behalf with regard to the subjects enumerated in the First ScheduleThe Zilla Parishad shall also have the power to, -
(i) examine and approve the budgets of Mandal Parishads in the district;
(ii) distribute the funds allotted to the district by the Central or State Government among the Mandal Parishads and Mandals in the district for which Mandal Parishad are not constituted;
(iii) co ordinate and consolidate the plans prepared in respect of the Mandals in the district and prepare plans in respect of the entire district;
(iv) secure the execution of plans projects, schemes or other works either solely relating to the indivi
(1) The Chairperson of Zilla Parishad shall, -
(a) exercise administrative control over the Chief Executive Officer for the purposes of implementation of the resolutions of the Zilla Parishad or any Standing Committee thereof;
(b) preside over and conduct the meetings of the Zilla Parishad;
(c) have full access to all records of the Zilla Parishad;
(2) The Vice Chairperson shall exercise such powers and perform such functions of the Chairperson as the Chairperson may, from time to time delegate to him in writing.
(3) When the office of the Chairperson is vacant, the Vice Chairperson of the Zilla Parishad shall exercise the powers and perform the functions of the Chairperson until a new Chairperson is ele
Any member of a Zilla Parishad may draw the attention of the Chairperson or Chief Executive Officer of the Zilla Parishad to any neglect in the execution of Zilla Parishad work to any waste of Parishad property or to the needs of any locality and may suggest any improvement which may appear desirable.
(1) The Government may, at any time create such posts of officers and other employees of a Zilla Parishad as they may consider necessary for carrying out the purposes of this Act.
(2) All appointments to the posts created under sub section (1) and transfer of the holders of such posts shall be made, subject to the provisions of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 (Act 23 of 1984) the Andhra Pradesh (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994 (Act 2 of 1994) and such rules as may be made under the proviso to Article 309 of the Constitution.
(3) The Government shall pay, out of the Consolidated Fund of the State, the salaries, allowances, leave allowances, pension and contributions, if any, towards the provident fund or of
(1) There shall be paid to the non official members of a Zilla Parishad and a Standing Committee thereof such allowances as may be prescribed for attending a meeting of the Zilla Parishad or such Committee.
(2) There shall be paid to the Chairperson or Vice Chairperson of the Zilla Parishad in respect of their his tours on duty, whether within or outside the district but not outside the State, such allowances as may be prescribed.
(1) All moneys received by the Zilla Parishad shall constitute a fund called the Zilla Parishad Fund and shall be applied for the purposes specified in this Act and for such other purposes and in such manner as may be prescribed.
(2) All moneys received by the Zilla Parishad shall be lodged in the nearest Government Treasury
Provided that the amounts received as funds under the Jawahar Rozgar Yojana Employment Assurences Scheme or other Wage Employment Schemes shall be lodged in nearby Nationalised banks or Co-operative Banks or PostOffices in such manner as may be prescribed.
(3) All orders or cheques against the Zilla Parishad Fund shall be signed by the Chief Executive Officer.
(1) The sources of income of Zilla Parishad shall consist of, -
(i) the Central or State Government funds allotted to the Zilla Parishad;
(ii) grants from All India Bodies and Institutions for the development of cottage, village and small scale industries and the like;
(iii) such share of the State taxes or fees as may be prescribed;
(iv) proceeds from taxes or fees which the Zilla Parishad may, under any law, levy;
(v) income from endowments or trusts administered by the Zilla Parishad;
(vi) donations and contributions from the Mandal Parishads or from the public in any form;
(vii) such contributions as the Zilla P
(1) The Chief Executive Officer shall in each year, frame and place before the prescribed date, a budget showing the probable receipts and expenditure during the following year, and the Zilla Parishad shall sanction the budget, with such modifications, if any, as it thinks fit.
(2) The budget so sanctioned shall be submitted to the Government by the Chief Executive Officer through the Chairperson on or before such date as may be fixed by the Government and if the Government are satisfied that adequate provision has not been made therein or that it is otherwise unsatisfactory for giving effect to the provisions of this Act, they shall have the power to approve the budget with such modifications as they may consider necessary to secure such provision.
(3) If, for any reason, the budget is not sanctioned by the Zilla Parishad under sub sect
(1) There shall be constituted a Andhra Pradesh Election Commission for Local Bodies for the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of elections to, all the Panchayat Raj Institutions governed by this Act.
(2) The said Election Commission shall consist of a State Election Commissioner The Governor on the recommendation of the Government shall appoint a person who is holding or who has held an office not less in rank than that of a Principal Secretary to Government as State Election Commissioner.
(3) The conditions of service and tenure of office of the Andhra Pradesh Election Commissioner for Local Bodies shall be such as the Governor may by rule determine:
Provided that the Andhra Pradesh Election Commissioner for Local Bodies shall
(1) All elections to the Panchayat Raj Institutions shall be held under the supervision and control of the Andhra Pradesh Election Commission for Local Bodies and for this purpose it shall have power to give such directions as it may deem necessary to the Commissioner, District Collector or any officer or servant of the Government and the Panchayat Raj Institutions so as to ensure efficient conduct of the elections under this Act.
(2) The preparation of electoral rolls for the conduct of all elections under the Act shall be done under the supervision and control of the Andhra Pradesh Election Commission for Local Bodies.
(3) For the purposes of this section the Government shall provide the Andhra Pradesh Election Commission for Local Bodies with such staff as may be necessary.
(4) On the reque
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 or Constituency or Constituencies as the State Election Commission may, having regard to the circumstances of each case, specify
Explanation :-For the purpose of this section, "Voting Machines, 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.
The State Election Commission shall, by notification, specify the symbols that may be chosen by candidates contesting any election under this Act and the restrictions to which their choice shall be subject:
Provided that the Andhra Pradesh Election Commission for Local Bodies shall not in the case of elections to Gram Panchayats allot to any contesting candidate any symbol reserved for a recognised political party but in the case of elections to Mandal Parishads and Zilla Parishads, the Andhra Pradesh Election Commission for Local Bodies shall allot symbols including the symbols reserved for a recognised political party, where any candidate is set up by such political party.
Explanation In this section, the term "recognised political party "shall have the meaning assigned to it in the Election Symbols (Reservation and Allotment) Order,
For the purpose of reserving the offices of Sarpanch, President and Chairperson and members of the Gram Panchayats, Mandal Parishads and Zilla Parishads to the members belonging to the Backward Classes under this Act, the population figures of the Backward Classes, gathered in the Socio Economic Survey conducted by the Andhra Pradesh Backward Classes Co operative Finance Corporation Limited, Hyderabad, shall be taken as the basis.
The provisions of this Act relating to reservation of offices of Sarpanch, President and Chairperson and members of the Gram Panchayats, Mandal Parishads and Zilla Parishads 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.
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 permanent or 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 any electoral roll or for the conduct of any election.
(1) If it appears to the Andhra Pradesh Election Commissioner for Local Bodies that in connection with any election held under this Act,
(a) any premises are needed for or likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or
(b) any vehicle is needed or is likely to be needed for the purpose of transport of personnel or ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, the Andhra Pradesh Election Commissioner for Local Bodies may, by order in writing, requisition such premises or such vehicle, as the case may be, and may make such further orders as ma
(1) Whenever in pursuance of Section 205, the Andhra Pradesh Election Commissioner for Local Bodies requisitions 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 makes an application within the prescribed time to the Andhra Pradesh Election Commissioner f
The Andhra Pradesh Election Commissioner for Local Bodies may with a view to requisitioning any property under Section 205 or determining the compensation payable under Section 206 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 specified.
(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under Section 205 may summarily be evicted from the premises, by an officer empowered by the Andhra Pradesh Election Commissioner for Local Bodies 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 205 or Section 207 he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.
(1) Any officer or staff employed in connection with the preparation, revision and correction of the electoral rolls for, and the conduct of all elections shall be deemed to be on deputation to the State Election Commission for the period during which they are so employed and such officers and staff shall during that period, be subject to the control, superintendence and discipline of the State Election Commission.
(2) The Returning Officer, Assistant Returning Officer, Presiding Officer, Polling officer and any other officer appointed under this Act, and any police officer designated for the time being by the State Government for the conduct of any elections shall be deemed to be on deputation to the Andhra Pradesh Election Commission for Local Bodies for the period commencing on and from the date of notification calling for such elections and ending with the date of declaration o
The following shall be deemed to be corrupt practices for the purposes of this Act,
(1) Bribery, that is to say,
(A) Any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent, of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing,
(a) a person to stand or not to stand as or to withdraw or not to withdraw from being a candidate at an election, or
(b) an elector to vote or refrain from voting at an election, or as a reward to
(i) a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or
(i
If any person is guilty of any such corrupt practices as specified in Section 211 or in connection with an election he shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to three thousand rupees.
Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings or enemity or hatred, between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to three thousand rupees.
(1) No person shall convene, hold or attend any public meeting in any polling area during the period of forty eight hours prior to the hour fixed for the commencement of the poll in the case of elections to Zilla Parishads and Mandal Parishads during the period of twenty four hours prior to the hour fixed for commencement of the poll in the case of elections to Gram Panchayats.
(2) Any person who convenes or holds a public meeting in contravention of the provisions of sub section (1) shall be punishable with imprisonment which may extend to three years and with fine which may extend to three thousand rupees.
(1) Any person who at a public meeting to which this section applies acts or incites others to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be punishable with fine which may extend to two hundred and fifty rupees.
(2) This section applies to any public meeting of a political character held in any constituency between the date of the issue of notification under this Act calling upon the constituency to elect a member or members or office bearers of a Local Authority and the date on which such election is held.
(3) If any police officer reasonably suspects any person of committing an offence under sub section (1) he may, if requested to do by the Chairperson of the meeting require that person to declare to him immediately his name and address and,
(1) No person shall print or publish or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.
(2) No person shall print or cause to be printed any election pamphlet or poster,
(a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and
(b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document
(i) where it is printed in the capital of the State, to the Election Commissioner, and
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(1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.
(2) Any person who contravenes provisions of sub section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.
(1) No person who is a District Election Officer or a returning officer or an assistant returning officer, or a presiding officer or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act other than the giving of vote for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid, and no member of a police force, shall endeavor,
(a) to persuade any person to give his vote at an election, or
(b) to dissuade any person from giving his vote at an election, or
(c) to influence the voting of any person at an election in any manner.
&
(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred metres of the polling station, namely,
(a) canvassing for votes; or
(b) soliciting the vote of any elector; or
(c) persuading any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or signs (other than an official notice) relating to the election.
(2) Any person who contravenes the provisions of sub section (1) shall be punished with fine which may extend to tw
(1) No person shall, on the date or dates on which a poll is taken at any polling station,
(a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or
(b) shout, or otherwise act in a disorderly manner within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.
(2) Any person who contravenes, or wilfully aids or abets the contravention of the provisions of sub section (1) shall be punisha
(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.
(2) The powers conferred by sub section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having opportunity of voting at that station.
(3) If any person who has been so removed from polling station re enters the polling station without the permission of the presiding officer he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which any extend to five hundred rupees.
(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are the District Election Officers, returning officers, assistant returning officers, presiding officers, polling officers, and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election and the expression "official duty" shall for the purposes of this section be construed accordingly but shall not include duties imposed otherwise than
If any person in the service of the State or Central Government or a local Authority or a Corporation owned or controlled by the State or Central Government acts as an election agent or a candidate at an election he shall be punishable with imprisonment for a term which may extend to three months, or with fine or with both.
Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees
ExplanationFor the purposes of this section "Booth capturing" includes, among other things, all or any of the following activities, namely,
(a) seizure of a polling station by any person or persons, making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections;
(b) taking possession of a polling station by any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from voting;
(c) threatening any elector and preventing him fro
(1) Any person who at any election fraudulently takes or attempts to take a ballot paper or ballot box out of polling station, or wilfully aids or abets the doing of any such act shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend upto five thousand rupees.
(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub section (1), such officer may, before such person leaves the polling station arrest or direct a police officer to arrest such person and such person may cause him to be searched by a police officer:
Provided that when it is necessary to cause a woman to be searched the search shall be made by another woman with strict regard to decency.
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Whoever at an election applies for a ballot paper or votes in the name of any other person, whether living or dead or in a fictitious name, or who having voted once at such election applies at the same election for a ballot paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way shall be punished with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees.
(1) A person shall be guilty of an electoral offence if at any election he,
(a) fraudulently defaces or fraudulently destroys any nomination paper; or
(b) fraudently defaces or destroys or removes any list, notice or other documents affixed by or under the authority of a returning officer; or
(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark or any ballot paper or any declaration of identity or official envelope used in connection with voting by postal ballot; or
(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or
(e) fraudulently puts into any ballot box anything o
Whoever does any act in contravention of any of the provisions of this Act, or of any rule, notification or order made, issued or passed, thereunder and not otherwise provided for in this Act shall, on conviction, be punished with imprisonment which extend to two years and with fine which may extend to two thousand rupees.
(1) Where an offence under this Act, has been committed by a company, every person who at the time the offence was committed, was in charge of and was responsible to the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly;
Provided that nothing contained in this sub section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub section (1) where any offence under this Act has been committed by a company and it is proved that offence has been committed with the consent or connivance or is attributable to any
This Chapter shall apply to candidates of any election held under this Act.
(1) Every candidate, at any election held under this Act shall, either by himself, or by his election agent, keep a separate and correct account of all expenditure incurred in connection with the election, between the date on which the candidate concerned has been nominated, and the date of declaration of the result of the election both dates inclusive (hereinafter in this Chapter referred to as election expenses)
Explanation I :-Election expenses for purposes of this Act shall mean all expenses in connection with the election;
(a) incurred, or authorised by the contesting candidate, or by his election agent;
(b) incurred by any association, or body of persons, or by any individual (other than the candidate or his election agent), aimed at promoting or procuring the election of the candidate
Every contesting candidate at an election shall, within forty five days from the date of declaration of the result of the election, lodge with the District Election Authority, an account of his election expenses, which shall be a true copy of the account kept by him, or by his election agent, under Section 230-A
(1) If at any election,
(a) booth capturing has taken place at a polling station or in such number of polling stations as is likely to affect the result of such election or that the result of the poll at that polling station cannot be ascertained; or
(b) booth capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained, the returning officer shall forthwith report the matter to the Andhra Pradesh Election Commissioner for Local Bodies.
(2) The Andhra Pradesh Election Commissioner for Local Bodies shall on the receipt of a report from the returning officer under sub section (1) and after taking all material circumstances into account, either,
(a) declare that the poll
The Andhra Pradesh Election Commissioner for Local Bodies may, subject to such conditions and restrictions as the Government may, by general or special order, impose, by order in writing delegate to any officer or authority subordinate to him, either generally or as respects any particular matter or class of matters any of his powers under this Act.
No election held under this Act shall be called in question except by an election petition presented to such authority and in accordance with such rules as may be made in this behalf.
(1) No person shall be entitled to contest in the elections to the offices of member of the Gram Panchayat from more than one ward or to the office of member of the Mandal Parishad or Zilla Parishad from more than one territorial constituency.
(2) No person shall be a member of the Gram Panchayat, member of the Mandal Parishad or Zilla Parishad simultaneously and if he is so elected, he shall retain only one office and vacate the other office or offices in the manner prescribed.
(3) Where a person is elected to more than one office of member of the Gram Panchayat or Mandal Parishad or Zilla Parishad and Sarpanch or President or Chairperson he shall retain one office and vacate the other office or offices in the manner prescribed except when his continuance as member of the Mandal Parishad or Zilla Parishad is necessary to continue as Pre
(1) The Governor shall on the recommen dation of the State Government constitute a Finance Commission as soon as may be within one year from the date of commencement of the Constitution (Seventy third) Amendment Act, 1992 and thereafter on the expiration of every fifth year.
(2) The Finance Commission shall consist of a Chairperson and four other members of whom one shall be the Member SecretaryThe Governor shall by order appoint on the recommendation of the Government the Chairperson and other members of the Commission.
(3) The Government shall make available to the Finance Commission such staff as may be necessary for the discharge of the functions conferred on the Finance Commission.
The Chairperson of the Commission shall be selected from among persons who have had experience in public affairs and the other members shall be selected from among persons who
(a) have special knowledge of the finances and accounts of Government; or
(b) have had wide experience in financial matters and in administration; or
(c) have special knowledge of economics.
Before appointing a person to be a member of the Commission the Governor shall satisfy himself that the person will have no such financial or other interest as is likely to affect prejudicially his functions as a member of the Commission, and the Governor shall also satisfy himself from time to time with respect to every member of the Commission that he has no such interest and any person who is, or whom the Governor proposes to appoint to be a member of the Commission shall, whenever required by the Governor so to do, furnish to him such information as the Governor considers necessary for the performance by him of his duties under this section.
A person shall be disqualified for being appointed as, or for being a member of the Commission,
(a) if he is of unsound mind;
(b) if he is an undischarged insolvent;
(c) if he has been convicted of an offence involving moral turpitude;
(d) if he has such financial or other interest as is likely to affect prejudicially his functions as a member of the Commission.
Every member of the Commission shall hold office for such period as may be specified in the order of the Governor appointing him, but shall be eligible for; reappointment:
Provided that he may, by letter addressed to the Governor, resign his office.
The members of the Commission shall render whole time or part time service to the Commission as the Governor may in each case specify, and there shall be paid to the members of the Commission such fees or salaries and such allowances as the State Government may, by rules made in this behalf, determine.
(1) The Finance Commission shall review the financial position of the Gram Panchayts, Mandal Parishads and Zilla Parishads and make recommendations to the Government as to,
(a) the principles which should govern
(i) the distribution between the State and the said Gram Panchayats and Parishads of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them and the allocation between the said Gram Panchayats and Parishads at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to or apportioned by, the said Gram Panchayats and Parishads;
(iii) the Grant in aid to the said Gram Panchayats and Parishads from the Consol
(1) The Commission shall determine their procedure and in the performance of their functions shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely,
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the production of any document;
(c) requisitioning any public record from any court or office.
(2) The Commission shall have power to require any person to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, any matter under the consideration of the Commission and any person so required shall, notwithstanding anything contained in sub section (2) of Section 54 of the Indian Inco
(1) The provisions of this part shall apply to the Gram Panchayats, Mandal Parishads and Zilla Parishads constituted in the Scheduled Areas in the State.
(2) The provisions of this Part shall prevail over anything inconsistent therewith elsewhere in this Act.
For the purposes of Section 3 a village shall ordinarily consist of a habitation or a group of habitations or a hamlet or group of hamlets thereof comprising a community or communities and managing the affairs in accordance with traditions and customs.
(1) Every Gram Sabha shall be competent safeguard and preserve the traditions and customs of the people, their cultural identity community resources and without detriment to any law for the time being in force, it customary mode of dispute resolution.
(2) Every Gram Sabha shall,-
(i) approve plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation by the Gram Panchayat, at the village level;
(ii) be responsible for the identification of selection of persons as beneficiaries, under poverty alleviation and other programmes.
(3) Every Gram Panchayat shall obtain from the Gram Sabha a certification of utilisation of funds by that Panchayat for the plans, programmes and
The reservation of seats in the Scheduled Areas to every Gram Panchayat and Mandal Parishad shall be in proportion to the population of the communities in that Gram Panchayat or the Mandal Parishad as the case may be :
Provided that the reservation for the Scheduled Tribes shall not be less than one-half of the total number of seats;
Provided further that all seats of Sarpanchas of Gram Panchayats and Presidents of Mandal Parishads shall be reserved for the Scheduled Tribes.
The Government may nominate persons belonging to such Scheduled Tribes who have no representation in Mandal Parishads :
Provided that such nomination shall not exceed one tent of the total members to be elected in that Mandal Parishad.
The Mandal Parishad shall be consulted before making the acquisition of land in the Scheduled Areas for development projects and before resettling or rehabilitating persons evicted by such projects in the Scheduled Areas, the actual planning and implementation of the projects in the Scheduled Areas shall be co-ordinated at the State Level.
Planning and management of minor water bodies in the Scheduled Areas shall be entrusted to Gram Panchayats, Mandal Parishads of the Zilla Parishads, as the case may be in such manner as may be prescribed.
(1) The recommendations of the Gram Panchayat, made in such manner as may be prescribed, shall ue taken into consideration prior to grant of prospecting license or mining lease, for minor minerals in the Scheduled Areas.
(2) The prior recommendation of the Gram Panchayat, made in such manner as may be prescribed, shall be taken into consideration for grant of concession for the exploitation of minor minerals by auction.
(1)The Gram Panchayat or as the case may be the Gram Sabha shall exercise such powers and perform such functions in such manner and to such extent as may be prescribed in respect of the following matters, namely
(a) enforcement of prohibition or regulation or restriction of the sale and consumption of any intoxicant;
(b) the ownership of minor forest produce;
(c) prevention of alienation of land in the Scheduled Areas and restoration of any unlawfully alienated land of a Scheduled Tribe;
(d) Management of village markets by whatever name called; and
(e) exercising control over money lending to the Scheduled Tribe.
(2) The Mandal Parishad shall exercise such po
(1) Notwithstanding anything in the relevant District Boards Act or any other law, the Government may, by notification and subject to such control, restrictions, conditions and reservations as may be specified therein, direct that any powers exercisable or functions performable by a District Board by or under the relevant District Boards Act or any other law for the time being in force including the powers to levy any tax or fees, shall be transferred to a Mandal Parishad or a Zilla Parishad and thereafter the Mandal Parishad or the Zilla Parishad as the case may be, shall exercise and perform the powers and functions transferred to it.
(2) When any powers and functions of the District Board are transferred to a Mandal Parishad or a Zilla Parishad under sub section (1), all references in the relevant District Boards Act or any other law for the time being in force to the District B
Application
(1) The Government may, by notification, direct that such of the provisions of the relevant District Boards Act, including the provisions relating to the levy and collection of any tax or fee as may be specified in such notification, shall apply to the Mandal Parishad and the Zilla Parishad constituted under this Act For the purpose of facilitating the application of these provisions to the Mandal Parishad and Zilla Parishad constituted under this Act, the Government may, by notification, make such adaptations and modifications of the relevant District Boards Act and the rules made thereunder whether by way of repealing, amending or suspending any provisions thereof, as may be necessary or expedient and thereupon the relevant District Boards Act and the rules made thereunder shall have effect subject to the adaptations and modifications so made.
&n
(1) A motion expressing want of confidence in the Upa Sarpanch or President or Vice President or Chairperson or Vice Chairperson may be made by giving a written notice of intention to move the motion in such form and to such authority as may be prescribed, signed by not less than one half of the total number of members of the Gram Panchayat, Mandal Parishad or as the case may be the Zilla Parishad and further action on such notice shall be taken in accordance with the procedure prescribed:
Provided that no notice of motion under this section shall be made within two years of the date of assumption of office by the person against whom the motion is sought to be moved;
Provided further that no such notice shall be made against the same person more than once during his term of office.
Explanatio
(1) The Government may either suo motu or on a reference made to them by the Executive Officer or Mandal Parishad Development Officer or as the case may be, the Chief Executive Officer, in the manner prescribed by order in writing cancel any resolution passed by a Gram Panchayat, Mandal Parishad or a Zilla Parishad or any Standing Committee of a Zilla Parishad if in their opinion such resolution,
(a) is not legally passed; or
(b) is in excess or abuse of the powers conferred by or under this Act, or any other law; or
(c) on its execution is likely to cause danger to human life, health or safety or is likely to lead to riot or affray.
(2) The Government shall, before taking action under sub section (1), give the Gram Panchayat, Mandal Parishad or th
(1) If at any time it appears to the Government that a Gram Panchayat or the Sarpanch thereof or the Mandal Parishad the President thereof or the Zilla Parishad or the Chairperson thereof or any Standing Committee of the Zilla Parishad has made default in performing any function or discharging any duty imposed by or under this Act, or any relevant law for the time being in force, the Government may, by order in writing fix a period for performing such function or discharging such duty.
(2) If such function or duty is not performed or discharged by any authority aforesaid within the period so fixed, the Government may appoint some person to perform the function or discharge that duty and may direct that the expense incurred in that regard shall be paid by the person having the custody of the Gram Panchayat Fund, Mandal Parishad Fund or the Zilla Parishad Fund, as the case may be, in
(1) Notwithstanding anything contained in this Act, it shall be competent for the Commissioner or the Government to issue such directions as they may consider necessary to the Executive Authority, Mandal Parishad Development Officer or the Chief Executive Officer for the proper working of the Gram Panchayat, Mandal Parishad, or as the case may be, the Zilla Parishad or for the implementation of the resolutions thereof and the Executive Authority, Mandal Parishad Development Officer or as the case may be, the Chief Executive Officer shall implement those directions, failing which, he shall be liable for disciplinary action under the relevant rules
(2) The Sarpanch of the Gram Panchayat, the President of Mandal Parishad or as the case may be, the Chairperson of the Zilla Parishad shall ensure that the Executive Officer, Mandal Parishad Development Officer or as the case may be, the
(1) If in the opinion of the District Collector the Sarpanch or the Upa Sarpanch and in the opinion of the Government the President or the Vice President or as the case may be, the Chairperson or the Vice Chairperson
(i) willfully omitted or refused to carry out the orders of the Government for the proper working of the concerned local body; or
(ii) abused his position or the powers vested in him; or
(iii) is guilty of misconduct in the discharge of his duties; or
(iv) persistently defaulted in the performance of his functions and duties entrusted to him under the Act to the detriment of the functioning of the concerned local body or has become incapable of such performance:
Provided that the proceedings
(1)
(i) If, at any time, it appears to the Government that a Gram Panchayat, Mandal Parishad or Zilla Parishad is not competent to perform its functions or has failed to exercise its powers or perform its functions or has exceeded or abused any of the powers conferred upon it by or under this Act, or any other law for the time being in force, the Government may direct the Gram Panchayat, Mandal Parishad or as the case may be, Zilla Parishad to remedy such incompetency, failure, excess or abuse or to give a satisfactory explanation therefor and if the Gram Panchayat, Mandal Parishad or Zilla Parishad fails to comply with such direction, the Government may dissolve it with effect from a specified date and reconstitute it either immediately or within six months from the date of dissolution, and cause any or all of the powers and functions of the Gram Panchayat, Mandal Parishad or Zill
(1) No act of a Gram Panchayat shall be deemed to be invalid by reason only of a defect in the establishment of such Gram Panchayat or on the ground that the Sarpanch, Upa Sarpanch or any member of such Gram Panchayat 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, as the case may be, or by reason of such act having been done during the period of any vacancy in the office of the Sarpanch, Upa Sarpanch, or member of such Gram Panchayat.
(2) The provisions of sub section (1) shall mutatis mutandis apply to the acts of a Mandal Parishad or a Zilla Parishad or a Standing Committee thereof.
(1) Every person who is elected to be the Sarpanch or member of a Gram Panchayat or the President or member of a Mandal Parishad or the Chairperson or member of a Zilla Parishad shall, before taking his seat make, at a special meeting or any other meeting of the Gram Panchayat, Mandal Parishad or a Zilla Parishad as the case may be, an oath or affirmation of his allegiance to the Constitution of India in the form prescribed.
(2) Any such Sarpanch, President or 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 of affirmation laid down in sub section (1) shall cease to hold his office and his seat shall be deemed to have become vacant.
(3) No such Sarpanch, President or Chairperson or me
Section 252 of the Andhra Pradesh Panchayat Raj Act, 1994, deals with the election process of Sarpanchs and members of Gram Panchayats, establishing the legal framework for their election, disqualifications, and related procedures. It forms a vital part of the statutory provisions ensuring democratic functioning at the Panchayat level, aligning with constitutional mandates for local self-governance.
Section 252 primarily prescribes the manner of election of Sarpanchs and Panchayat members, including the process of nomination, voting, and declaration of results. It also lays down disqualifications for candidates, grounds for rejection of nomination papers, and procedural safeguards to ensure free and fair elections.
Section 252 applies to all elections of Gram Panchayat members and Sarpanchs in Andhra Pradesh, ensuring compliance with constitutional provisions like Articles 243E and 243K. It covers the entire electoral process from nomination to declaration, including appeals and disqualifications, thus ensuring transparency and legality.
Violations of the provisions of Section 252, such as submitting false nomination papers or violating disqualification clauses, attract penalties under the Act, including rejection of candidature, disqualification for future elections, or criminal proceedings under relevant laws.
This concise legal commentary aims to encapsulate the scope, provisions, and judicial interpretations related to Section 252 of the Andhra Pradesh Panchayat Raj Act, 1994.
(1) Every Mandal Parishad shall furnish to the Zilla Parishad and every Zilla Parishad shall furnish to the Government a report on its administration for each year, as soon as may be, after the close of such year, in such form and with such details as may be prescribedThe Mandal Parishad shall, while furnishing the report to Zilla Parishad as aforesaid send a copy thereof to the Government.
(2) The Zilla Parishad shall consider the administration report of each Mandal Parishad and forward it to the Government with its remarks.
(3) The report of the Mandal Parishad shall be prepared by the Mandal Parishad Development Officer and that of the Zilla Parishad by its Chief Executive Officer and the Mandal Parishad or the Zilla Parishad shall consider and forward it to the Zilla Parishad or the Government, as the case may be, with its resolutio
Any sum due to, or recoverable, by a Gram Panchayat, Mandal Parishad or a Zilla Parishad under this Act may be recovered as if it were an arrear of land revenue.
(1) Any officer or person whom the Government may empower in this behalf may enter on and inspect,
(a) any immovable property, or any work in progress under the control of any Gram Panchayat, Mandal Parishad or the Zilla Parishad;
(b) any school, hospital, dispensary, vaccination station, choultry or other institution maintained by, or under the control of any Gram Panchayat, Mandal Parishad or Zilla Parishad and any records, registers or other documents kept in such institution;
(c) the office of any Gram Panchayat, Mandal Parishad or Zilla Parishad and any records, registers or other documents kept therein.
(2) The Gram Panchayat, Mandal Parishad or the Zilla Parishad shall be bound to afford to the officer or person referred to in sub section (1
The Government or any officer or person duly empowered by them in this behalf, may,
(a) call for any record, register or other document in the possession or under the control of any Gram Panchayat, Mandal Parishad or Zilla Parishad;
(b) require any Gram Panchayat, Mandal Parishad or Zilla Parishad to furnish any return, plan, estimate, statement, account or statistics;
(c) require any Gram Panchayat, Mandal Parishad or Zilla Parishad to furnish any information or report on any matter connected with such Gram Panchayat, Mandal Parishad or Zilla Parishad; and
(d) record in writing for the consideration of any Gram Panchayat, Mandal Parishad or Zilla Parishad any observations, the Government, officer or person may think proper to make in regard to the
No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is, in good faith, done or intended to be done under this Act or under the rules made thereunder.
The Chairperson, the Vice Chairperson or a member of a Zilla Parishad, the President, the Vice President or a member of a Mandal Parishad, the Sarpanch, Upa Sarpanch or member of a Gram Panchayat, the Chief Executive Officer, the Mandal Parishad Development Officer, the Executive Officer, or any officer or servant of a Zilla Parishad or a Mandal Parishad or the Gram Panchayat shall be deemed to be a public servant, within the meaning of Section 21 of Indian Penal Code (Central Act 45 of 1860).
(1) Subject to such rules as may be made a Mandal Parishad with the approval of the Zilla Parishad and the Zilla Parishad may, with the approval of the Government, make bye laws for carrying out any of the purposes for which it is constituted.
(2) The Government shall have power to make rules regarding the procedure for making of bye laws under this section, the publication thereof and the date on which they shall come into effect.
(1) The Government may, by notification authorise any officer or person to exercise any of the powers vested in them by this Act except the power to make rules; and may in like manner withdraw such authority.
(2) The Commissioner or the District Collector may, by notification, authorise any officer or person to exercise any of the powers vested by or under this Act in the Commissioner or the District Collector, as the case may be, and may in like manner withdraw such authority.
(3) The exercise of any power delegated under sub section (1) or sub section (2) 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 delegating authority, or where such authority is the Government, by such persons as may be empowered by the Government in this b
The Government may transfer any institution or work under their management or control to a Zilla Parishad or a Mandal Parishad and a Zilla Parishad may transfer any institution under its management or control to any Mandal Parishad or Gram Panchayat, subject to such conditions, limitations and restrictions as may be specified by the Government or the Zilla Parishad, as the case may be:
Provided that no such transfer shall be made unless the prior consent of the concerned Zilla Parishad, Mandal Parishad as the case may be, is obtained.
(1) Subject to such control as may be prescribed, the Government, the Commissioner or the District Collector may, in cases of emergency, direct or provide for the execution of any work, or the doing of any act which a Gram Panchayat or Executive Authority is empowered to execute or do, and the immediate execution or doing of which is in his opinion necessary for the safety of the public, and may direct that the expense of executing such work or doing such act shall be paid by the person having the custody of the Gram Panchayat fund in priority to any other charges against such fund except charges for the service of authorised loans.
(2) The powers of the nature referred to in sub section (1) may be exercised by the Government in the case of a Mandal Parishad or a Zilla Parishad subject to the variation that for the expression "Executive Authority", the expression "Mandal Parishad D
The administration by a Gram Panchayat of any undertaking for the generation, transmission, supply or use of electrical energy shall be subject to such control as may be prescribed, not inconsistent with the provisions of the Indian Electricity Act, 1910 (Central Act 9 of 1910), or the Electricity (Supply) Act, 1948 (Central Act 54 of 1948), as in force for the time being, the rules made under those Acts, and the terms of the licence granted thereunder to the Gram Panchayat.
(1) The Government may, either suo motu or on application from any person interested, call for and examine the record of a Gram Panchayat, Mandal Parishad or a Zilla Parishad or of its Standing Committees or of any authority, officer or person, in respect of any proceeding to satisfy themselves as to the regularity of such proceeding or the correctness, legality or propriety of any decision or orders passed therein and, if in any case, it appears to the Government that any such decision or order should be modified, annulled or reversed or remitted for reconsideration, they may pass orders accordingly:
Provided that the Government shall not pass any order prejudicial to any party unless such party has had an opportunity of making a representation.
(2) The Government may stay the execution of any such decision or order pending exercise of
(1) If, after giving the Sarpanch, Upa Sarpanch, President, Vice President, Chairperson, Vice Chairperson or the Executive Authority, the Mandal Parishad Development Officer, the Chief Executive Officer an opportunity of showing cause to the contrary, the Commissioner is satisfied that the loss, waste or misapplication of any money or other property owned by or vested in the Gram Panchayat, Mandal Parishad or as the case may be the Zilla Parishad is a direct consequence of misconduct, or gross neglect, on the part of such person, the Commissioner may, by order in writing, direct such person to pay to the Gram Panchayat, Mandal Parishad or as the case may be, the Zilla Parishad before the date fixed by him, the amount required to reimburse it for such loss, waste or misapplication, unless such person proves that he had acted in good faith.
(2) If the amount is not so paid, the Commi
(1) The accounts of the Gram Panchayats, Mandal Parishad and Zilla Parishad shall be maintained in such manner and in such form as may be prescribed The accounts maintained by the said local bodies shall be audited by the Director of State Audit appointed under Section 3 of the Andhra Pradesh State Audit Act, 1989 (Act 9 of 1989).
(2) For the purpose of proper maintenance of accounts and matter connected therewith or incidental thereto, it shall be competent for the Director of State Audit to issue such directions as he deems necessary to the Chief Executive Officer, who shall ensure that the said directions are carried out by the said local bodies.
(1) No assessment or demand made, and no charge imposed, under the authority of this Act, shall be impeached or affected by reasons of any clerical error or by reason of any mistake
(a) in respect of the name, residence, place of business or occupation of any persons, 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 in substance and effect been complied with; and no proceedings under this Act shall, merely for defect in form be quashed or set aside by any Court.
(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 assessment or collection of mon
(1) The Government shall, in addition to the rule making powers, conferred on them by any other provisions of this Act, have power to make rules generally to carry out all or any of the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Government may make rules
(i) as to all matters under this Act, relating to electoral rolls or the conduct of elections, not expressly provided for in this Act, including deposits to be made by candidates standing for election and the conditions under which such deposits may be forfeited, and the conduct of inquiries and the decision of disputes relating to electoral rolls or elections;
(ii) x x x
(iii) as to the interpellation of the Sarpanch, President or
A rule under this Act may provide that a breach thereof shall be punishable with fine which may extend to fifty rupees, or in case of continuing breach with fine not exceeding five rupees for every day during which the breach continues after conviction for the first breach.
(1) Subject to the provisions of this Act and of any other law and to such rules as may be prescribed, a Gram Panchayat may, with the approval of the Commissioner, make bye laws for carrying out any of the purposes for which it is constituted.
(2) A bye law made by the Gram Panchayat may provide that any person who commits a breach thereof shall be liable to pay by way of penalty such sum as may be fixed by the Gram Panchayat not exceeding fifteen rupees or in case of a continuing breach, not exceeding five rupees for every day during which the breach continues after a penalty has been levied for the breach.
(3) The Government shall have power to make rules regarding the procedure for the making bye laws, the publication thereof and the date no which they shall come into effect.
(1) Whoever,
(a) contravenes any of the provisions of this Act specified in the first and second columns of Scheduled III; or
(b) contravenes any rule or order made under any of the provisions so specified ; or
(c) fails to comply with any direction lawfully given to him, or any requisition lawfully made upon him under or in pursuance of any of the said provisions, shall be punishable with fine which may extend to the amount mentioned in that behalf in the fourth column of the said Schedule.
(2) Whoever after having been convicted of,
(a) contravening any of the provisions of this Act specified in the first and second columns of Schedule IV; or
(b) contraveni
(1) Any person who having been the Sarpanch, Temporary Sarpanch or Upa-Sarpanch of a Gram Panchayat fails to handover any documents of, or any moneys or other properties vested in, or belonging to, the Gram Panchayat, which are in, or have come into, his possession or control, to his successor in office or other prescribes authority
(i) in every case, within a period of thirty days frim the expiry of his term of office as such Sarpanch, Temporary Sarpanch or Upa-Sarpanch and
(ii) in the case of person, who was the upa-Sarpanch also within a period of thirty days on demand by the Sarpanch shall be punishable with imprisonment which may extend upto six months or with fine not exceeding one thousand rupees or with both, for every such offence.
(2) Any person who is convicted under sub-section (1
All costs, damages, compensation, penalties, charges, fees (other than school fees), expenses, rents (not being rents for land and buildings demised by the Gram Panchayat), contributions and other amounts which under this Act or any other law or rules or bye laws made thereunder are due by any person to the Gram Panchayat may, if there is no special provision in this Act, or the rules made thereunder for their recovery, be demanded by a bill as provided in the rules for the recovery of taxes made under the Act and recovered in the manner provided therein.
(1) When a dispute exists between a local authority and one or more other local authorities in regard to any matter arising under the provisions of this or any other Act 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 enquiry and report to an arbitrator or a board or arbitrators or to a joint committee constituted for the purpose by an order of the Government.
(2) The reports 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 may deem fit.
(3) Any decision given under Clause (a) of sub section (
(1) In regard to the first constitution of a Gram Panchayat, Mandal Parishad or Zilla Parishad for a village, Mandal or District or to the first reconstitution in accordance with the provisions of this Act of such bodies in existence at the commencement thereof, and otherwise in first giving effect to the said provisions they shall be read subject to the rules in Schedules V and VI.
(2) The Government shall have power, by notification in the Andhra Pradesh Gazette, to amend, add to or repeal the rules in the said Schedules.
(1) If any difficulty arises in first giving effect to the provisions of this Act or as to the first constitution or reconstitution of any Gram Panchayat, Mandal Parishad or Zilla Parishad after the commencement of this Act, the Government, as occasion may require, may by order published in the Andhra Pradesh Gazette, do anything which appears to them necessary for removing the difficulty.
(2) All orders made under sub section (1) shall, as soon as may be after they are made, be placed on the table of Legislative Assembly of the State and shall be subject to such modification by way of amendments or repeal as the Legislative Assembly may make either in the same session or in the next session.
(1) The following Acts are hereby repealed namely
(i) The Andhra Pradesh Gram Panchyats Act, 1964 (Act 2 of 1964);
(ii) The Andhra Pradesh Mandal Praja Parishads, Zilla Praja Parishads and Zilla Pranalika and Abhivruddhi Sameeksha Mandals Act, 1986 (Act 31 of 1986); and
(iii) The Andhra Pradesh Local Bodies Electoral Reforms Act, 1989 (Act 28 of 1989).
(2) On such repeal the provision of Sections 8 and 18 of the Andhra Pradesh General Clauses Act, 1891 (Act 1 of 1891) shall apply.
In the Andhra Pradesh State Audit Act, 1989, in Section 2, for Clauses (c) and (d), the following clause shall be substituted, namely
"(c) a Gram Panchayat, a township, a Mandal Parishad or a Zilla Parishad constituted under the Andhra Pradesh Panchayat Raj Act, 1994"
The first ordinary elections to the Gram Panchayats, Mandal Parishads and Zilla Parishads in accordance with the provisions of this Act shall be held within a period not exceeding one year and six months from the date of commencement of this Act.
SCHEDULE - [ Sections 46, 161 and 192 ] SCHEDULE - I
[ Sections 46, 161 and 192 ]
GENERAL POWERS AND FUNCTIONS OF PANCHAYATS
1. Agriculture, including agricultural extension.
2. Land improvement, implementation of land reforms, land consolidation and soil conservation.
3. Minor irrigation, water management an watershed development.
4. Animal husbandry, dairying and poultry.
5. Fisheries.
6. Social forestry and farm forestry.
7. Minor forest produce.
8. Small scale industries,
SCHEDULE - ( Section 161 ) SCHEDULE - II
( Section 161 )
POWERS AND FUNCTIONS OF THE MANDAL PARISHAD
1. Community Development :- The execution of all programmes under Community Development in association with Panchayats, Co operative Societies, Voluntary Organisations and the people.
2. Agriculture :- The doing of everything necessary to step up agriculture production and in particular,
(i) multiplication and distribution of improved seeds;
(ii) distribution of fertilizers;
(iii) popularization of improved techniques, methods and practices and improved implements;
(i
SCHEDULE - ( Section 271 ) SCHEDULE - III
( Section 271 )
ORDINARY PENALTIES
Section
sub-section
of clause
Subject
Fine which may
be imposed
(1)
(2)
(3)
(4)
81
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SCHEDULE - ( Section 271 ) SCHEDULE - IV
( Section 271 )
PENALTIES FOR CONTINUING BREACHES
Section
Sub-section
of clause
Subject
Daily Fine which
may be imposed
(1)
(2)
(3)
(4)
81
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SCHEDULE - [ Section 274 ] SCHEDULE - V
[ Section 274 ]
TRANSITIONAL PROVISIONS (GRAM PANCHAYATS)
1. Definitions:- In these rules, unless the context otherwise requires,
(a) "Old Panchayats Act" means the Andhra Pradesh Gram Panchayats Act, 1964;
(b) "Panchayat" means a panchayat constituted under the old Panchayats Act;
(c) "Member"means a member of a panchayat constituted under the old Panchayats Act;
(d) "Sarpanch" means a Sarpanch of a Gram Panchayat constituted under the old Panchayats Act.
2. Existing villages to be deemed to be villages for purposes of this Ac
ANNEXURE
ANNEXURE
1. Every Gram Panchayat shall provide a building for location of its office by constructing one by itself or by taking it one on rent or free of rent and its office shall be located therein.
2. The building referred to above shall be;
(i) as far as possible in the centre of the main village;
(ii) a place accessible to all the members of the Gram Panchayat and to all castes and
communities.
3. The Office of the Gram Panchayat once located in a building not owned by the Gram Panchayat shall not be shifted to any other building not owned by the Gram Panchayat except upon a specific resolution pas
ANNEXURE
ANNEXURE A
[ See Rule 1 ]
Registers
I. Receipts :
1. Account of Fees managed departmentally.
2. Officer for Taxes and Fees.
3. Bill Books for Taxes and Fees and Warrants and distraints.
4. Demand Register for Taxes and Fees
5. Miscellaneous Bill Books.
6. Miscellaneous Demand Register.
7. Miscellaneous Receipts Register.
8. Miscellaneous Sales Register.
&n
ANNEXURE
ANNEXURE 2
( See Rule 14 )
FORMS
I. Miscellaneous :
1. Absentee Statements.
2. Abstract of Monthly Account.
3. Agreement Forms.
4. Annual Verification Statements.
5. Application for transfer of Allotments.
6. Challan.
7. Contingent Statement of differences.
8. Completion Report.
9. Contingent Bills.
Every Gram Panchayat shall provide an office in such a place and subject to such conditions as may be specified in Annexure appended to these rules and as may be specified by the Government by a general or special order.
Every Gram Panchayat shall need at least once in every month in its office for the transaction of business upon such days and at such times as it may arrange and also at other times as often as a meeting shall be called by the Sarpanch.
(1) No meeting of Gram Panchayat shall be held unless notice of the day and time when and the place where the meeting to be held and of the business to be transacted thereat has been given at least three clear days before the day of the meeting.
(2) In cases of urgency, the Sarpanch may convey a meeting on giving shorter notice than that specified in sub rule (1).
(1) The Sarpanch of a Gram Panchayat shall, on the requisition in writing of not less than one third of the members thereon the Gram Panchayat, convene a meeting of the Gram Panchayat, provided that requisition specified the period within which and the purpose for which the meeting is to be held. The Requisition shall be given at least three clear days before the day of the meeting.
(2) In cases of urgency, the Sarpanch may convey a meeting on giving shorter notice than that specified in sub rule (1).
All the meetings of the Gram Panchayat shall be open to the public, provided that the Presiding Member may, in any particular case, direct that the public generally or any particular person shall withdraw.
Every question which comes before a Gram Panchayat at any meeting shall be decided by majority of the members present and voting at the meeting and in case of equality of votes, the presiding member shall have an exercise a second or casting votes. When a resolution is not carried unanimously, the names of the members who vote for and against it shall be recorded.
No business shall be transacted at a meeting of any Gram panchayat unless there be present at least one third of the number of members then on the Gram Panchayat.
If within half an hour after the time appointed for a meeting quorum is not present, the meeting shall stand adjourned, unless all the members present agree to wait longer.
An attendance register shall be maintained in which the presiding member shall obtain the signature of all the members present at the meeting noting time of arrival and departure.
No resolution of a Gram Panchayat shall be notified or cancelled within three months after the passing thereof except at a meeting specially convened in that behalf and by a resolution of the Gram Panchayat supported by not less than one half of the total strength of members.
Minutes of the proceedings at every meeting of a Gram Panchayat shall be drawn up in the chief language of the village and entered in a book to be kept for that purpose and shall be signed by the Presiding Member, and the said minutes shall be read and recorded at the next meeting and at all reasonable times without charge be open at the office of the Gram Panchayat to the inspection of any person who pays any tax under this Act.
The Executive Authority of a Gram Panchayat shall have the custody of the proceedings and records of the Gram Panchayat and of the Committees thereof and may grant copies of any such proceedings or records on payment of such fees as prescribed in Part. III of these rules. Copies shall be certified by the Executive Authority, as provided in Section 76 of the Indian Evidence Act, 1872 and copies as certified may be used to prove the proceedings and records of the Gram Panchayat or Committee be used to prove the proceedings of the body.
Rules 3, 6, 7, 8, 9 and 10 shall mutatis mutandis apply to the proceedings of Committee of the Gram Panchayat.
The Proceedings of every committee appointed by a Gram Panchayat shall be recorded in writing and submitted to the Gram Panchayat.
No member shall vote on, or take part in the discussion of any question coming up for consideration at a meeting of the Gram Panchayat, in any matter in which, apart from its general application to the public, he has any direct or indirect pecuniary interest whether by himself or through some other person.
The Sarpanch may prohibit any member from voting on, or taking part in the discussion of any question in which he believes such member to have such pecuniary interest or he may require such member to absent himself during the discussions.
Such member may challenge the decision of the Sarpanch who shall thereupon put the question to the meeting. The decision of the meeting shall be final. The member concerned shall be entitled to vote on the question.
If the Sarpanch is believed by any member present at the meeting to have pecuniary interest in any question under discussion and if a motion is carried to that effect, the Sarpanch shall not vote on or take part in such discussion.
Rules 15 to 18 shall mutatis mutandis apply to the proceedings of committee of the Gram Panchayat.
A Person requiring copies or extracts from proceedings or records of a Gram Panchayat shall submit an application (giving his full name and address and an accurate description of the proceedings of records as possible) to the Executive Authority of the Gram Panchayat. When the proceedings or records, copies of the extracts from which are applied for, belong to any year prior to the current calender year, a search fee according to the scale specified below shall be remitted to the Gram Panchayat as soon as the application has been admitted:
(a) For Searching records of any one year for a single document or entry Rs. 2.50. Ps.
(b) For Searching the records of every additional year Rs. 1.25. Ps.
If the record is not found, the fee paid shall not be refunded but the applicant shall be furnished with a certificate stating that the documents applied for cannot be found.
(1) If the record is found and the Executive Authority decides to grant copies of or extracts from it, the application shall deposit in cash, a fee of twenty paise for every 175 words or part thereof.
(2) In the case of statements or extracts from Registers where figures have to be copied, five figures shall be taken as equivalent to one word.
(3) In the case of maps or plans, a reasonable fee shall be fixed by the Executive Authority in consultation with the engineering staff in charge of the Gram Panchayat Works.
The Executive Authority shall intimate to the applicant the fees chargeable for the copy of, or extract from the proceeding or record. On receipt of the fee he shall have the copies, extracts or tracings prepared. The copies of or extracts shall then be certified by him as true after scrutiny in office and furnished to the applicant if he appears in person to receive them, or sent by post if the applicant has deposited the necessary postage stamps for the purpose.
A receipt signed by the Executive Authority or any person empowered by him in this behalf shall be furnished to every person depositing search fees or copying fees.
If the Executive Authority considers the grant of the copy of or extracts from any proceedings or record confidential in nature he shall reject the application by an endorsement stating briefly the reasons for doing so.
Rules 24, 25, 26, 27, 28 and 29 shall mutatis mutandis apply to the proceedings of a committees of the Gram Panchayat.
The proceedings of every committee appointed by a Gram Panchayat shall be recorded in writing and submitted to the Gram Panchayat.
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