GREATER HYDERABAD MUNICIPAL CORPORATION ACT, 1955

Act No. 2 of 1956

17th February, 1956

An Act to re-enact the law relating to Municipal Corporations in the cities of Hyderabad and Secunderabad. Where it is expedient to re-enact the law relating the Municipal Corporation in the cities of Hyderabad and Secunderabad; Be it enacted in the Sixth Year of our Republic as follows:--

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S.1 Short title, extent and commencement

(1) This Act may be called the 1[Greater Hyderabad Municipal Corporation].

(2) It extends to the 2[city comprised by Greater Hyderabad Municipal Corporation] and shall come into force at once.

1. Substituted for the words "Hyderabad Municipal Corporations" by A.P. Act 13 of 2008 (w.e.f. 10-07-2008 vide G.O. Ms. No. 463 (MA & UD) dated 2.7.2008).

2. Substituted for the words "cities of Hyderabad and Secunderabad" by A.P. Act No. 13 of 2008.

S.2 Definitions

In this Act unless there is anything repugnant in the subject or context,-

• (1) "Bakery or bake-house" means any place in which bread, biscuits, or confectionery are baked, cooked or prepared in any manner whatsoever for the purpose of sale;
• (2) "budget grant" means the total sum entered on the expenditure side of a budget estimate under a major head and finally adopted by the Corporation;
• (3) "building" includes a house, out-house, stable, latrine, godown, shed, hut, wall, fencing, platform and any other structure whether of masonry, bricks, wood, mud, metal or of any other material whatsoever,
• (4) "business" includes any trade, commerce or manufacture, or an adventure or any concern in the nature of trade, commerce or manufacture;
• 1(4a) "ceiling limit" means the ceiling limit as specified in Section 4 of the Urban Land (Ceiling and Regulation) Act, 1976].
• 2(4-aa) "cattle" includes elephants, camels, bu
  

S.3 Constitution of Corporation

1(1) There shall be established a Municipal Corporation for the City of Greater Hyderabad with effect from the date of notification under sub-section (3):

Provided nothing in this sub-section shall prevent the Government from establishing, with a view to securing efficiency and economy in the Municipal administration, a single Corporation for Greater Hyderabad on such terms and conditions as may be specified in the notification published in the Andhra Pradesh Gazette in this behalf.

(2) The Corporation established under sub-section (1) shall be a body corporate by the name of Greater Hyderabad Municipal Corporation and shall have perpetual succession and a common seal, and subject to any restrictions or qualifications imposed by or under this Act or any other law, shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, of entering into contracts, and of doing all things necessary, prop

S.4 Municipal Authorities charged with the execution of the Act

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

• (a) a Corporation;
• (b) a Standing Committee;
• (c) a Commissioner;
• 1(d) the Wards Committee;

1. Inserted by A.P. Act 17 of 1994.

S.5 Composition of Corporation

1[Composition of Corporation]

2(1) Subject to the provisions of sub-section (2) the Corporation shall consist of such number of elected members as may be notified from time to time by the government in the Andhra Pradesh Gazette, in accordance with such principles as may be prescribed].

3(1-A) Every Member of the Legislative Assembly of the State and every Member of the House of the people representing a 4[constituency] of which the Corporation or a portion thereof forms part 5[6[and every Member of the Legislative Council of the State registered as an elector within the area of the Municipal Corporation as on the date of filing of nomination for becoming Member of Legislative Council or on the date of nomination by the Governor, as the case may be] shall be ex-officio 7[Member] of the Corporation;]

Provided that a Member of the Legislative Assembly or a Member of the House of People r

S.6 Term of office of Members

Term of office of 1[Members]

2(1) The term of office of elected 1[Members] shall, save as otherwise expressly provided in this Act, be five years from the date appointed for the first meeting of the Corporation under clause (b) of Section 88 and the last day of their term of office is in this Act referred to as the day for retirement];

3(3) An ex-officio 3[Member] shall hold office so long as he continues to be the member of the Legislative Assembly of the State or the Legislative Council of the State or the House of the People, as the case may be].

1. Substituted for "Councillors" by Act 17 of 1994.

2. Sub-sections (1) and (2) Substituted by A.P. Act 18 of 1992 (w.e.f. 27-2-1992).

3. Inserted by A.P. Act 24 of 1974.

S.7 Election when to be held

(1) Every general election requisite for the purpose of this Act shall be held 2[................] in the manner prescribed, within three months before the day for retirement of the 1[members] as specified in Section 6.

3(2) Every casual vacancy in the office of an elected member of a Municipal Corporation shall be reported by the Commissioner to the State Election commission within fifteen days from the date of occurrence of such vacancy and shall be filled within four months from that date

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

(4) No casual election shall be held to a Municipal Corporation within six months before the date on which the term of office of its members expires by efflux of time].

1. Substituted for "Councillors" by Act

S.8 Division of Corporation into ward etc, for the purposes of election of Members

1[2(1) For the purpose of election of members of the Corporation, the Government shall, by notification in the Andhra Pradesh Gazette, divide the City into as many wards as the number of members notified under sub-section (1) of Section 5 in such manner as may be prescribed].

3(2) * * *]

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

(4) Where any local area within the jurisdiction of any other local authority is included in the city 3[.......] the local area shall be added to such adjoining 4[ward] or 4[wards] of the city, as the Government may direct.

5(4-A) Where any local area comprised in a Gram Panchayat constituted under the Andhra Pradesh Panchayat Raj Act, 1964 i

S.8A Constitution composition and functions, rights of Ward Committee, etc.

1(1) There shall be constituted a Ward Committee for each Ward of Municipal Corporation within three months from the date as may be notified.

(2) Each Ward Committee shall consist of,-

• (i) the member of the Municipal Corporation representing the Ward, who shall be the Chairperson of the Ward Committee;
• (ii) not more than ten electors representing the civil society from the ward, to be nominated by the Municipal Corporation in such manner as may be prescribed:

  Provided that if the population of the ward is not more than ten thousand, the number of nominated members shall be four, and thereafter, there shall be one additional member for every four thousand population or part thereof:

  Provided further that in reckoning the number of additional members of the Ward Committee exceeding four, any part of less than two thousand population maybe ignored:

  Provided also that half of the persons to be nominated to the Ward Co
  

  S.8B Constitution of Area Sabha, representatives of Area Sabha and their qualifications, functions, duties etc.

  (1) Each ward in a Corporation shall be divided into such number of areas based on the population, so however, that each such area as far as possible shall consist of not less than two thousand and not more than five thousand population.

  (2) There shall be an Area Sabha for each such area with all the electors in the jurisdiction of the area. There shall be an Area Sabha Representative for each area to be nominated by the Municipal Corporation from the representatives of the civil society as may be prescribed.

  (3) The qualifications and disqualifications prescribed for getting elected as member of Municipal Corporation and for holding the office as Member of Municipal Corporation under the relevant provisions of the Act shall apply mutatis mutandis for the representative of the Area Sabha.

  (4) The term of the representative of the Area Sabha shall be ordinarily co-terminous with that of the Municipal Corporation concerned.

  (5) An Area Sabha may, having r
  

  S.9 State Election Commission

  1[The preparation of electoral rolls for, and the conduct of elections to Corporation shall be under the superintendence, direction and control of the State Election Commission].

  1. Substituted by A.P. Act No. 17 of 1994.

  
  

  S.10 Powers and functions of the State Election Commissioner

  1(1) All elections to the Municipal Corporations shall be held under the supervision and control of the State Election Commission and for this purpose it shall have power to give such directions as it may deem necessary to the Commissioner of the concerned Municipal Corporation, District Collector or any officer or servant of the Government and the Municipal Corporation concerned 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 State Election Commission.

  (3) For the purposes of this section the Government shall provide the State Election Commission with such staff as may be necessary.

  (4) On the request of the State Election Commission, the State Government shall place at the disposal of the Commission such staff of the State Government and the Municipal Corporations for the purpos
  

  S.11 [Omitted]

  1[x x x x]

  1. Omitted by A.P. Municipal Laws (4th Amendment) Act, No. 34 of 2001.

  
  

  S.12 Preparation, Revision and Publication of Electoral Roll for Corporation

  1[The 2[x x x] electoral roll for the Corporation shall be prepared 3[by the person authorised by the State Election Commissioner] in such manner by reference to such qualifying date as may be prescribed and the electoral roll for the Corporation shall come into force immediately 4[upon its publication] in accordance with the rules made by the Government in this behalf. The 5[x x x] electoral roll for the Corporation shall consist of such part of the electoral roll for the Assembly 6[Ward] published under the representation on the People Act, 1950 as revised or amended under the said Act, upto the qualifying date, 7[as relates to the City or any portion thereof].

  8[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, made by the Electoral Registration Officer
  

  S.12A Voter identity Cards

  1[With a view to preventing impersonation of electors, provision may be made by rules made under this Act, for the production before the Presiding Officer or Polling Officer of a Polling Station by every such elector, of his identity card before the delivery of a ballot paper or ballot papers to him, if under the rules made in that behalf under the Registration of Electors Rules, 1960 made under the Representation of the Peoples Act, 1950, electors of the Legislative Assembly constituency or Constituencies in which the Municipal Corporation is situated, have been supplied with identity cards with or without their respective photographs attached thereto].

  1. Inserted by Act No. 28 of 2005 w.e.f. 22-06-2005.

  
  

  S.13 [Omitted]

  1[x x x x]

  1. Sections 13 and 14 omitted by Act No. 34 of 2001, dated 29-9-2001.

  
  

  S.14 [Omitted]

  1[x x x x]

  1. Sections 13 and 14 omitted by Act No. 34 of 2001, dated 29-9-2001.

  
  

  S.15 Breach of Official Duty in connection with the preparation, etc., of Electoral Rolls

  (1) If any officer or other person required by or under this Act to be perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without reasonable cause, guilty of any act or omission in breach of such official duty, he shall be punishable with fine which may extend to five hundred rupees.

  (2) No suit or other legal proceeding shall lie against any such officer or other person for damages is respect of any such act or omission as aforesaid.

  (3) No Court shall take cognizance of any offence punishable under sub-section (1) unless there is a complaint made by order of, or under authority from, the electoral authority.]

  
  

  S.16 Custody and preservation of list

  (1) Three complete copies of the preliminary list for each 1[ward] and all statements submitted to the Commissioner shall be kept in the office of the Commissioner or at such other place as the 2(State Election Commissioner] may by order specify for a period of one year unless their retention for a longer period is ordered by the Government.

  (2) All claims and objections to any preliminary list and, the decisions of the Revising Authority thereon shall be kept in the Office of the Commissioner or at such other place as the 2[State Election Commissioner] may by order specify until the completion of the next annual preparation of the list for such 1[ward].

  (3) Such number of copies of the final list for each 1[ward] as may be specified by the 2[State Election Commissioner] shall be kept in the office of the Commissioner at such other places the 2[State Election Commissioner] may by order specif
  

  S.17 Corrupt Practices

  1[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) 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
      • (ii) an elector for having voted or refrained from voting;
  • (B) The receipt of, or agreement to receive, any gratification, whether as a motive or a reward,-
    • (a) by a person for standi
      

  S.20 Disqualification for voting

  (1) Any person who has been convicted under Section 171-E or 171-F of the Indian Penal Code shall for five years from the date of such conviction be disqualified from voting at any election of the Corporation.

  (2) Any person who has been found guilty of any corrupt, or illegal practice in election held under this Act, or any other law for the time being in force, shall be disqualified form voting at any election of the Corporation for a period of six or four years respectively from the date on which the person is found so guilty.

  (3) If default is made in making the return of the election expenses of any candidate who has contested the election held under this Act or if such return is found either upon the trial of an election petition or by any Court in a judicial proceeding, to be false in any material particular, the candidate shall be disqualified for voting at any election of the Corporation for a period of five years from the date by which the return was require
  

  S.20A Disqualification on ground of corrupt practice or election offences

  1[Any person who is convicted or any offence punishable under Chapter IX-A of the Indian Penal Code 1860, or any person against whom a finding of having indulged in any corrupt practice is recorded in the verdict in an election petition filed under this Act or any person convicted of an offence punishable under Sections 599 to 610, Section 610-A, and Section 611 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.

  1. Sections 20A and 20B inserted by A.P. Act 28 of 2005 (w.e.f. 22-6-2005).

  
  

  S.20B Disqualification for failure to lodged account of election expenses

  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].