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ACT No. 13 OF 1994
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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 Praja Parishad] and
(1) The President of a *[Mandal Praja Parishad] 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 the consideration of the *[Mandal Praja Parishad] to attend the meeting of the *[Mandal Praja Parishad]. Such 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 Praja Parishad] shall in regard to the conduct of business at 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 Praja Parishad]. Every *[Mandal Praja Parishad] shall endeavour to install among the people within its jurisdiction spirit of selfhelp 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 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 Praja Parishad] Development Officer or to the *[Zilla Praja Parishad] or any other authority, it shall do extension and review functions at the mandal level effectively. It may, with the previous approval of the Government and subject to such terms and conditions as
(1) Notwithstanding anything in this Act and subject to the rules made in this behalf, two or more gram panchayats may, -
(2) Subject to the provisions of this Act and the rules made thereunder, two or more *[Mandal Praja Parishads] may establish and maintain common dispensaries, child welfare centres and institutions of such other kinds, as may be prescribed.
A *[Mandal Praja Parishad] may, at any time require the *[Mandal Praja Parishad] Development Officer to furnish any document in his custody. The said officer shall comply with every such requisition.
A *[Mandal Praja Parishad] may require any *[Executive Authority] of any village within the jurisdiction of the *[Mandal Praja 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 Praja Parishad] shall,-
(2) In case of emergency the President may in consultation with the *[Mandal Praja Parishad] Development Officer direct the execution of any work or the doing of any act which requires the sanction of the *[Mandal Praja 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 therefor to the *[Mandal Praja Parishad] at its next meeting:
Provided that he shall not direct the execution of any work or the
Any member of a *[Mandal Praja Parishad] may draw the attention of the President or the *[Mandal Praja Parishad] Development Officer to any neglect in the execution of *[Mandal Praja Parishad] work, to any waste of *[Mandal Praja Parishad] property or to the needs of any locality and may suggest any improvement which may appear desirable.
(1) The *[Mandal Praja Parishad] Development Officer shall be the Chief *[Executive Authority] of the *[Mandal Praja Parishad]. He shall be responsible for implementing the resolutions of the *[Mandal Praja Parishad] and shall also exercise such powers and perform such functions as may be entrusted to him by the Government. He shall also exercise such powers of supervision over the gram panchayats in the Mandal as may be prescribed.
(2) The *[Mandal Praja Parishad] Development Officer shall, with the approval of, or on the direction of the President, convene the meetings of the *[Mandal Praja Parishad] so that atleast one meeting of the *[Mandal Praja Parishad] is held every month and if the *[Mandal Praja Parishad] Development Officer fails to discharge that duty, with the result that no meeting of the *[Mandal Praja Parishad] is held within a period of ninety days from the last meeting, he shall be liable to disciplinary action under the relevant rules:
Provided tha
The *[Mandal Praja Parishad] Development Officer and other officers and staff of a *[Mandal Praja Parishad] and the staff employed in the institutions and schools under the *[Mandal Praja Parishad] shall be subordinate to the *[Mandal Praja Parishad].
(1) The Government may, at any time create such posts of officers and other employees of *[Mandal Praja 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 fund or pension-cum-provident fund of the officers and other employees of a *[Mandal Praja Parishad] who hold any of the posts
(1) There shall be paid to the members of a *[Mandal Praja 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 Praja 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 Praja Parishad] shall constitute a fund called the *[Mandal Praja 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 Praja Parishad] shall be lodged in the nearest Government treasury.
(3) All orders or cheques against the *[Mandal Praja Parishad] Fund shall be signed by the *[Mandal Praja Parishad] Development Officer.
(1) The sources of income of a *[Mandal Praja Parishad] shall consist of,-
The cost of the election expenses including the conduct of elections to the *[Mandal Praja Parishad] and the cost of maintenance of election establishment employed in connection therewith shall be borne by the Government.
(1) The *[Mandal Praja Parishad] Development Officer shall, in each year frame and place before the *[Mandal Praja Parishad] on or before the prescribed date a budget showing the probable receipts and expenditure during the following year, and the *[Mandal Praja 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 Praja Parishad] Development Officer on or before such date as may be prescribed, to the *[Zilla Praja Parishad] and where there is no such *[Zilla Praja Parishad] to the District Collector, and if the *[Zilla Praja 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.
(3) If, for any reason the budget is not sanctioned by the *[Man
A *[Mandal Praja 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 settling 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 Praja Parishad] for a District with effect from such date as may be specified therein.
(2) Every *[Zilla Praja 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 Praja Parishad] shall consist of the following members, namely:-
Provided that such Member of the Legislative Assembly shall have the right to speak in and otherwise to take part in the proceedings of a meeting of any Standing Committee of the *[Zilla Praja Parishad] but he shall no
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 Praja 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 Praja 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 Praja 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,-
(1) For every *[Zilla Praja Parishad] there shall be one *[Chairperson] and one *[Vice-Chairperson] who shall be
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 or otherwise.
Save as otherwise provided in this Act,-
No person shall be eligible for election as member of a *[Zilla Praja Parishad] unless his name appears in the electoral rolls of the *[Zilla Praja Parishad] concerned and he has completed the age of twentyone years.
(1) A member of the *[Zilla Praja 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 Praja Parishad] in the District or the *[Zilla Praja Parishad] or if he is interested in a subsisting contract made with or any work being done for any *[Mandal Praja Parishad] in the District or the *[Zilla Praja 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 -
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 Authority] for every *[Zilla Praja Parishad] who shall be appointed by the Government.
(2) Every Chief *[Executive Authority] 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 Authority] who shall,-
(4) Subject to the provisions of this Act, and the rules made thereunder, the Chief *[Executive Authority], -
(a) shall be entitled to -
(1) For every *[Zilla Praja Parishad] there shall be constituted the following standing Committees, the subjects assigned to each such standing committee being those specified against it, namely:-
(1) The following shall be the permanent invitees to the meetings of the *[Zilla Praja Parishad]:
(2) The permanent invitees shall be entitled to participate in the meetings of the *[Zilla Praja Parishad] without right to vote.
(1) The *[Chairperson] or *[Vice-Chairperson] of a *[Zilla Praja 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 Praja 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 Praja Parishad] or a Standing Committee thereof may, at any time require the Chief *[Executive Authority] to furnish any document in his custody and he shall comply with every such requisition.
(1) Every *[Zilla Praja 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 Schedule. The *[Zilla Praja Parishad] shall also have the power to,-
(1) The *[Chairperson] of *[Zilla Praja Parishad] shall-
(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 Praja Parishad] shall exercise the powers and perform the functions of the *[Chairperson] until a new *[Chairperson] is elected.
(4) If the *[Chairperson] has been continuously absent from the district for more than fifteen days or is incapacitated for more than fifteen days
Any member of a *[Zilla Praja Parishad] may draw the attention of the *[Chairperson] or Chief *[Executive Authority] of the *[Zilla Praja Parishad] to any neglect in the execution of *[Zilla Praja 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 Praja 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 a pension cum-provident fund of the officers and other employees of a *[Zilla Praja Parishad] who hold any of the posts re
(1) There shall be paid to the non-official members of a *[Zilla Praja Parishad] and a Standing Committee thereof such allowances as may be prescribed for attending a meeting of the *[Zilla Praja Parishad] or such committee.
(2) There shall be paid to the *[Chairperson] or *[Vice-Chairperson] of the *[Zilla Praja Parishad] in respect of their/visits 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 Praja Parishad] shall constitute a fund called the *[Zilla Praja 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 Praja Parishad] shall be lodged in the nearest Government Treasury.
(3) All orders or cheques against the *[Zilla Praja Parishad] Fund shall be signed by the Chief *[Executive Authority].
(1) The sources of income of *[Zilla Praja Parishad] shall consist of-
(2) The Government shall also make an
(1) The Chief *[Executive Authority] 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 Praja 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 Authority] 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 Praja Parishad] under sub-section (1) before the date referred to in sub-section (2), the Chief *[Executive Authority] shall submit
(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 *[Andhra Pradesh Election Commissioner for Local Bodies]. 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 *[Andhra Pradesh Election Commissioner for Local Bodies].
(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 not be removed from his office except in like manner and on the like grounds as a Judge of a High Court
10. Counting of Votes and Declaration of results : Day 14 (whether or not it is a holiday)
(2) Following schedule shall be followed for conduct of MPTCPs and ZPTCs Elections:
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.]
Provided that the State Election Commission shall not in the case of elections to gram panchayats allot to any contesting candidate any symbol reserved for a recognised political party or a registered political party but in the case of elections to *[Mandal Praja Parishads] and *[Zilla Praja Parishads], the State Election Commission shall allot symbols including the symbols reserved for a recognised political party or, as the case may be symbols if any, reserved for a registered political party where any candidate is set up by such political party.]
203. Reservation of offices
204. Injunctions not to be granted in election proceedings - 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.
205. Requisitioning of premises for election purposes - (1) If it appears to the *[Andhra Pradesh Election Commissioner for Local Bodies] that in connection with any election held under this Act, -
206. Payment of compensation - (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:-
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 for Local Bodies] for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the a
207. Power to obtain information - 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.
208. Eviction from requisitioned premises - (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.
209. Penalty for contravention of any order regarding requisitioning - 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.
210. Electoral officers and staff etc., deemed to be on deputation - (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 *[Andhra Pradesh Election Commission for Local Bodies] for the period during which they are employed and such officers and staff shall during that period, be subject to the control, superintendence and discipline of the *[Andhra Pradesh Election Commission for Local Bodies].
(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 endin
211. Corrupt practices - The following shall be deemed to be corrupt practices for the purposes of this Act:-
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 of enmity 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.
(a) convene, hold, attend, join or address any public meeting or procession in connection with an election;
or
(b) display to the public any election matter by means of cinematography, television or other similar apparatus; or
(c) propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto, in any polling area during the period of forty-eight hours prior to the hour fixed for the conclusion of the poll in the case of *[Mandal Praja Parishads] and *[Zilla Praja Parishads] and forty four hours prior to the hour fixed for the conclusion of the poll in the case of Gram Panchayats.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to two years, or with fine or with bo
(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
(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 nam
(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, six months or with fine which may extend to two thousand rupees or with both.
(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 endeavour,-
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment which may extend to six months or with fine or with both.
(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:-
(2) Any person who contravenes the provisions of sub-section (1) shall be punished with fine which may extend to two hundred and fifty rupees.
(1) No person shall, on the date or dates on which a poll is taken at any polling station, -
(2) Any person who contravenes, or willfully aids or abets the contravention of the provisions of sub-section (1) shall be punishable with imprisonment which may extend to three months or with fine or with both.
(3) If the presiding officer of a polling station has reason to b
(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) No person other than a Police Officer and any other person appointed to maintain peace and order, at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959(Central Act 54 of 1959), of any kind within the neighbourhood of a polling station.
(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
(3) An offence punishable under subsection (2) shall be cognizable.]
(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 may 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 by or under this Act.
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 polling agent or counting agent of 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.
(1) Any person who at any election fraudulently takes or attempts to take a ballot paper or ballot box out of polling station, or willfully 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.
(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer or when the search is ma
(2) Any person who contravenes the provisions of sub-section (1), shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
(3) Where a person is convicted of an offence under this section, the spirituous, fermented or intoxicating liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed of in such
(1) If at an election the proceedings at any polling station are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station or such place on account of any natural calamity, or any other sufficient cause, the Presiding Officer for such polling station shall announce an adjournment of the poll to a date to be notified later, and he shall forthwith inform the Returning Officer concerned.
(2) Whenever a poll is adjourned under sub-section (1), the Returning Officer shall immediately report the circumstances to the District Election Authority and the State Election Commission, and shall, as soon as may be, with the previous approval of the State Election Commission, appoint the day on which the poll shall recommence, and fix the hours during which the poll will be taken, and shall not count the votes cast at such election until such adjourned poll shall have been completed.
(3) In every such case
(1) If at any election, -
(2) Thereupon the State Election Commission shall, after taking all material circumstances into account; either-
(1) If any time before the counting of votes is completed any ballot papers used at a polling station are unlawfully taken out of the custody of the Returning Officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of the poll at that polling station cannot be ascertained, the Returning Officer shall forthwith report the matter to the State Election Commission.
(2) Thereupon, the State Election Commission shall, after taking all material circumstances into account, either,-
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,-
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 may 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 neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other o
–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 (herein after in this Chapter referred to as 'election expenses').
Explanation I - 'Election Expenses' for purpose of this Act shall mean all expenses in connection with the election, -
Provi
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 230A.]
(1) If at any election, -
(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,-
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.
1[232A. Appointment of Observers - (1) The State Election Commission may nominate an Observer who shall be an officer of Government to watch the conduct of election or elections for such specified area or areas in the district and to perform such other functions as may be entrusted to him by the Commission in relation thereto.
(2) The Observer nominated under sub-section (1) shall have the power to direct the Returning Officer for the or for any of the wards or constituencies for which he has been nominated, to stop the counting of votes at any time before the declaration of the result, or not to declare the result, if in the opinion of the Observer, booth capturing has taken place at a large number of polling stations or at counting centres or any ballot papers used at a polling station are unlawfully taken out of the custody of the Returning Officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of
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 Praja Parishad] or *[Zilla Praja Parishad] from more than one territorial constituency.
(2) No person shall be a member of the Gram Panchayat, member of the *[Mandal Praja Parishad] or *[Zilla Praja 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 Praja Parishad] or *[Zilla Praja 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 Praja Parishad] or Zilla Prishad is necessary to continue as President or as the case may be the *[Chairperson] thereof.
(1) The Governor shall on the recommendation 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 Secretary. The 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,-
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,-
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 re-appointment:
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 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 Panchayats, *[Mandal Praja Parishads] and *[Zilla Praja Parishad] and make recommendations to the Government as to,-
(2) The Governmen
(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 (Central Act 5 of 1908) while trying a suit in respect of the following matters, namely:-
(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 Income-Tax Act, 1922 (Central Act 2 of 1922) or in any other law for the time being in force, be deemed to be legally bound to furnish such information within the meaning o
(1) The provisions of this Part shall apply to the Gram Panchayats, *[Mandal Praja Parishads]and *[Zilla Praja 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 a group of hamlets thereof comprising a community or communities and managing their affairs in accordance with traditions and customs.
(1) Every Gram Sabha shall be competent to 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, the customary mode of dispute resolution.
(2) Every Gram Sabha shall, -
(3) Every Gram Panchayat shall obtain from the Gram Sabha a certification of utilisation of funds by that Panchayat for the plans, programmes and projects referred to in sub-section (2).
1[242D. Reservation of seats of members of Gram Panchayat, Mandal Praja Parishad and Zilla Praja Parishad and offices of Sarpanches of Gram Panchayats and Presidents of Mandal Praja Parishads - The reservation of seats in the Scheduled Areas to every Gram Panchayat, Mandal Praja Parishad and-Zilla Praia Parishad shall be in proportion to the population of the communities in that Gram Panchayat or the Mandal Praja Parishad Territorial Constituency (MPTC), Members or the Zilla Praja Parishad Territorial Constituency (ZPTC) Members 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 of ward members and MPTC's:
Provided further that all offices of Sarpanchas of Gram Panchayats and Presidents of Mandal Praja Parishads and all seats of Zilla Praja Parishad Territorial Constituencies shall be reserved for the Scheduled Tribes.]
The Government may nominate persons belonging to such Scheduled Tribes who have no representation in *[Mandal Praja Parishads]:
Provided that such nomination shall not exceed one tenth of the total members to be elected in that *[Mandal Praja Parishad].
The *[Mandal Praja 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 coordinated at the State level.
Planning and management of minor water bodies in the Scheduled Areas shall be entrusted to Gram Panchayats, *[Mandal Praja Parishads]or the *[Zilla Praja 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 be taken into consideration prior to grant of prospecting licence 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: -
(2) The *[Mandal Praja Parishad]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:-
(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 Praja Parishad] or a *[Zilla Praja Parishad] and thereafter the *[Mandal Praja Parishad] or the *[Zilla Praja 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 Praja Parishad] or a *[Zilla Praja 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 Board with reference to such powers and fu
(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 Praja Parishad] and the *[Zilla Praja Parishad] constituted under this Act.
For the purpose of facilitating the application of these provisions to the *[Mandal Praja Parishad] and *[Zilla Praja 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 provision 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.
(2) Notwithstanding that no provision or insufficient provision has been made under sub-
(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 Praja Parishad], or as the case may be the *[Zilla Praja 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
Provided further that no such notice shall be made against the same person more than once during his term of office.
Explanation:- For the removal of doubts, it is hereby declared that for the purpose of this section the expression "total number of members" m
(1) The Government may either suo moto or on a reference made to them by the *[Executive Authority] or *[Mandal Praja Parishad] Development Officer or as the case may be, the Chief *[Executive Authority], in the manner prescribed by order in writing cancel any resolution passed by a Gram Panchayat, *[Mandal Praja Parishad] or a *[Zilla Praja Parishad] or any standing Committee of a *[Zilla Praja Parishad] if in their opinion such resolution,-
(2) The Government shall, before taking action under sub-section (1), give the Gram Panchayat, *[Mandal Praja Parishad] or the *[Zilla Praja Parishad] as the case may be, an opportunity for explanation.
(3) If in the opinion of the District Collector, i
(1) If at any time it appears to the Government that a gram panchayat or the Sarpanch thereof or the *[Mandal Praja Parishad] or the President thereof or the *[Zilla Praja Parishad] or the *[Chairperson] thereof or any standing Committee of the *[Zilla Praja 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 that 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 Praja Parishad] Fund or the *[Zilla Praja Parishad] Fund, as the case may be, in priority to any other charges against such
(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 Praja Parishad] Development Officer or the Chief *[Executive Authority] for the proper working of the Gram Panchayat, *[Mandal Praja Parishad], or as the case may be, the *[Zilla Praja Parishad] or for the implementation of the resolutions thereof and the Executive Authority, *[Mandal Praja Parishad] Development Officer or as the case may be, the Chief *[Executive Authority] 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 Praja Parishad] or as the case may be, the *[Chairperson] of the *[Zilla Praja Parishad] shall ensure that the *[Executive Authority], *[Mandal Praja Parishad] Development Officer or as the case may be, the Chief *[Execut
(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],-
the Collector or as the case may be, the Government, may remove such Sarpanch or Upa-Sarpanch, President or Vice-President or as the case may be the *[Chairperson] or the *[Vice-Chairperson], after giving him an opportunity for explanation:
Pr
(1) if in the opinion of the District Collector the Sarpanch or the Upa-Sarpanch,-
The District Collector may remove such Sarpanch or the Upa-Sarpanch after giving him an opportunity for explanation.
(2) Notwithstanding anything contained in sub-section (1), the Sarpanch or the Upa-Sarpanch shall be deemed to have been removed from the office,-
(1) (i) If, at any time, it appears to the Government that a Gram Panchayat, *[Mandal Praja Parishad] or a *[Zilla Praja 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 Praja Parishad] or as the case may be, *[Zilla Praja Parishad] to remedy such incompetency, failure, excess or abuse or to give a satisfactory explanation therefor and if the gram panchayat, *[Mandal Praja Parishad] or the *[Zilla Praja 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 Praja Parishad] or the *[Zilla Praja Parishad] to be ex
(2) The Special Officer or Person-in-charge or the Committee of persons-in-charge, appointed under sub-section (1) shall exercise the powers, discharge the duties and perform the functions of the Mandal Praja Parishad or Zilla Praja Parishad until the members, the President and Vice-President of Mandal Praja Parishad and the members, the *[Chairperson] and *[Vice-Chairperson] of Zilla Praja Parishad elected thereof respectively, assume office.
(3) The term of the Special Officer or Person-in-charge or Committee of persons-in-charge appointed under sub-section (1) shall be for a period of six
(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 Praja Parishad] or a *[Zilla Praja 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 Praja Parishad] or the *[Chairperson] or member of a *[Zilla Praja Parishad] shall, before taking his seat make, at a special meeting or any other meeting of the Gram Panchayat, *[Mandal Praja Parishad] or the *[Zilla Praja 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 or affirmation laid down in sub-section (1) shall cease to hold his office and his seat shall be deemed to have become vacant.
(3) No such Sarpanch, President or *[Chairperson] or member shall take his seat at a meeting of the Gram Panchayat, *[Mandal Praja Parishad]
(1) Every *[Mandal Praja Parishad] shall furnish to the *[Zilla Praja Parishad] and every *[Zilla Praja 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 prescribed. The *[Mandal Praja Parishad] shall, while furnishing the report to *[Zilla Praja Parishad] as aforesaid send a copy thereof to the Government.
(2) The *[Zilla Praja Parishad] shall consider the administration report of each *[Mandal Praja Parishad] and forward it to the Government with its remarks.
(3) The report of the *[Mandal Praja Parishad] shall be prepared by the *[Mandal Praja Parishad] Development Officer and that of *[Zilla Praja Parishad] by its Chief *[Executive Authority] and the *[Mandal Praja Parishad] or the *[Zilla Praja Parishad] shall consider and forward it to the *[Zilla Praja Parishad] or the Government, as the case may be, with its resolution thereon.
Any sum due to, or recoverable by, a gram panchayat, *[Mandal Praja Parishad] or a *[Zilla Praja 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 Praja Parishad] or the *[Zilla Praja Parishad];
(b) any school, hospital, dispensary, vaccination station, choultry or other institution maintained by, or under the control of any Gram Panchayat, *[Mandal Praja Parishad] or *[Zilla Praja Parishad] and any records, registers or other documents kept in such institution;
(c) the office of any Gram Panchayat, *[Mandal Praja Parishad] or *[Zilla Praja Parishad] and any records, registers or other documents kept therein.
(2) The Gram Panchayat, *[Mandal Praja Parishad] or the *[Zilla Praja Parishad] be bound to afford to the officer or person referred to in sub-section (1) such access at all reasonable times, to its property or premises and to all documents as may, in the opinion of such officer or person, be ne
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 Praja Parishad] or *[Zilla Praja Parishad];
(b) require any gram panchayat, *[Mandal Praja Parishad] or *[Zilla Praja Parishad] to furnish any return, plan, estimate, statement, account or statistics;
(c) require any gram panchayat, *[Mandal Praja Parishad] or *[Zilla Praja Parishad] to furnish any information or report on any matter connected with such gram panchayat, *[Mandal Praja Parishad] or *[Zilla Praja Parishad]; and
(d) record in writing for the consideration of any Gram Panchayat, *[Mandal Praja Parishad] or *[Zilla Praja Parishad] any observations, the Government, officer or person may think proper to make in regard to the proceedings or duties of such Gram Panchayat, *[Mandal Praja Parishad] or *[Zilla Praja Parishad].
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 Praja Parishad], the President, the Vice-President or a member of a *[Mandal Praja Parishad], the Sarpanch, Upa-Sarpanch or member of a Gram Panchayat, the Chief *[Executive Authority], or any Officer or servant of a *[Zilla Praja Parishad] or a *[Mandal Praja Parishad] Development Officer, the *[Executive Authority], or any Officer or servant of a *[Zilla Praja Parishad] or a *[Mandal Praja 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 Praja Parishad] with the approval of the *[Zilla Praja Parishad] and the *[Zilla Praja 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 behalf. The Government shall also have power to control and revise the acts or proceedings of any persons so empowered.
(4) The
The Government may transfer any institution or work under their management or control to a *[Zilla Praja Parishad] or a *[Mandal Praja Parishad] and *[Zilla Praja Parishad] may transfer any institution under its management or control to any *[Mandal Praja Parishad] or gram panchayat, subject to such conditions, limitations and restrictions as may be specified by the Government or the *[Zilla Praja Parishad], as the case may be:
Provided that no such transfer shall be made unless the prior consent of the concerned *[Zilla Praja Parishad] or *[Mandal Praja 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 expenses 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 Praja Parishad] or
(2) Any person who is convicted under sub-section (1) 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
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
(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) or under sub-section (2) may be modified from time to time, by the Government in such manner as they deem fit, and any such decision with the modification, if any, made therein under this sub-
(1) In regard to the first constitution of a Gram Panchayat, *[Mandal Praja Parishad] or *[Zilla Praja 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 Praja Parishad] or *[Zilla Praja 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:-
(2) On such repeal the provisions 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 (Act 9 of 1989), in section 2, for clauses (c) and (d), the following clause shall be substituted.namely:-
(c) agram panchayat, a township, a *[Mandal Praja Parishad] or a *[Zilla Praja Parishad] constituted under the Andhra Pradesh Panchayat Raj Act, 1994.
The first ordinary elections to the gram panchayats, *[Mandal Praja Parishads] and *[Zilla Praja Parishad] in accordance with the provisions of this Act shall be held
Maintenance and expansion to Elementary and Basic Schools and in particular, -
The creation of a new outlook among the people and making them self-reliant, hard working and responsive to community action and in particular, -
Collection and compilation of such statistics as may be found necessary either by the Mandala Parishad, the
Formulation and execution of suitable programmes for stepping-up production and for raising the incomes and standards of living for the improvement of sanitation and for the provision of amenities for the people.
Management of trusts for the furtherance of any purpose to which the funds of the
The *[Executive Authoritys]of the gram panchayats which are deemed to be gram panchayats from the date of commencement of this Act and holding office as such on the said date, shall be deemed to have been appointed under this Act.
(1) All property, all rights of whatever kind, used, enjoyed or possessed by, and all interests of whatever kind, owned by or vested in, or held in trust, by or for any panchayat, as well as all liabilities legally subsisting against it, shall, on and from the date of commencement of this Act and subject to such directions as the Government may, by general or special order give in this behalf, pass to such gram panchayat as deemed to be constituted under this Act.
(2) All arrears of taxes or other payments by way of composition for a tax or due for expenses or compensation or otherwise due to a panchayat at the commencement of this Act may be recovered as if they had accrued under this Act.
(3) All proceedings taken by or against any panchayat or other authority or any person under the old Panchayats Act in so far as they are not inconsistent with this Act, be continued by or against such gram panchayat, authority or person under this Act.
Any tax, cess, fee or duty which was being lawfully levied by or on behalf of any panchayat at the commencement of this Act under any law, shall continue to be levied by or on behalf of the gram panchayat at the rates fixed and in pursuance of the assessment made by or under such law for the year in which this Act was brought into force and in the subsequent years also until the Government, by general or special order, otherwise direct, or assessment is made by or under this Act, whichever is earlier.
Any action taken under the old Panchayats Act by any authority, before the commencement of this Act shall, unless inconsistent with this Act, be deemed to have been taken by the authority competent to take such action under this Act, unless and until superseded by action taken by such authority, whether it be the same as the authority competent to take such action under the old panchayats Act or not.
If any difficulty arises in giving effect to the provisions of these rules, the Government, as occasion may require, may after previous publication, by notification in the Andhra Pradesh Gazette, do anything which appears to them necessary for removing the difficulty.
(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,-
2. Definitions - 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;
(4) 'Casual Vacanc
(1) The
Explanation - For 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 -
(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 anybody 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,-
(2) A person who having held an office under the G
(1) A person who has been convicted by a Criminal Court,-
(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 -
If the State Election Commission is satisfied that a person-
subject to the provisions of section 22, a member shall cease to hold office as such if he-
(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 and report the same to the gram panchayat forthwith. If such member applies for restoration of h
(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
(2) Pending such decisi
(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 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.
(b) A person aggrieved by the notification issued under clause (a) may, within thirty days from the date of publication of suc
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,-
(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 the Sarpanch or is incapacitated for more than fifteen days and the Upa-Sarpanch also is under suspension or there is either a vacancy in the office of Upa-Sarpa
27. Removal of temporary Sarpanch - 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.
28. Rights of individual members - (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 the executive authority, provided that the executive authority, may, for reasons given in writing,
29. No Sarpanch, Upa-Sarpanch or members to receive remuneration - 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 capacity. Nothing in this section shall prevent the Sarpanch from receiving any honorarium fixed by order, by the Government.
30. Appointment of *[Executive Authoritys] for certain gram panchayats - (1) A whole time or a part-time *[Executive Authority]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 Authority] 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 Authority].
(3) Save as otherwise prescribed, no *[Executive Authority] appointed under sub-section (1) shall undertake any work unconnected with his office without the sanction of the Government.
(4) The *[Executive Authority] shall
31. Functions of *[Executive Authority]-
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 Panchayat Secretary shall himself convene the meeting in the manner prescribed.]
(2) The *[Executive Authority] shall ordinarily attend to the meetings of the gram panchayat or of any committee thereof and shall be entitled to take part in the discussions thereat, but he shall not be entitled to vote or to move any resolution.
32. Functions of the Executive Authority- 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 specifically conferred or imposed on the executive authority by or under this Act and subject to all restrictions and conditions imposed by or under this Act, exercise the executive power for the pu
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 or exceed an amount prescribed by the Government or the expenditure shall not exceed an amount prescribed by the Government.]
34. Exercise of functions of executive authority by Health Officer in certain cases - 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.
35. Delegation of functions of executive authority- 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 so and conditions as may be laid down by the executive authority and shall also be subject to his control and revision.
36. Officers and other employees of gram panchayat - (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 of the Constitution.
(4) Every holder of the post specified in sub-sectio
37. Presidency at meetings - 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 Sarpanch and Upa-Sarpanch by a member chosen by the meeting to preside for occasion.
38. Minutes of proceedings - The minutes of the proceedings at every meeting of a gram panchayat shall be recorded and action taken thereon in the manner prescribed.
39. Power to call for records - 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.
40. Beneficiary committees and functional committees - (1) For every gram panchayat there shall be a Committee by name "Beneficiary Committee" for the execution of the works of the gram panchayat. The 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.
41. Proceedings of gram panchayats and committees - (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 panchayat or of the committee during the discussion of any such matter.
42. Appointment of Joint Committees - 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 responsible. The composition, powers and functions and other incidental and consequential matters shall be such as may be prescribed.
43. Administration report - 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.
44. Powers of inspecting and superintending officers and of the Government - (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 recruitment, conditions of service, salary and allowances and discipline and conduct of the officers referred to in clauses (a) and (b) and of the
45. Duty of gram panchayat to provide for certain matters - (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 Praja
Parishad] and *[Zilla Praja 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;
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:-
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 a 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 Praja Parishad] or *[Zilla Praja 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 endowment made over to a gram panchayat under clause (a) and upon such resumption, all the powers and duties attaching to the gram panchayat in r
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 (Central Act 1 of 1871) -
(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 to in clause (i) of sub-section (1).
(1) All public roads in any village, other than National Highways, State High Ways and Roads vesting in *[Zilla Praja Parishad] or *[Mandal Praja 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, un-authorized 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 Act any such public road, sewer, drain, drainage work, tunnel or culvert, and may also modify or cancel such notif
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 such basis for the purposes thereof as may be prescribed:
Provided that nothing in this section shall be deemed to relieve the village community or any of its members of its
Notwithstanding anything in the Andhra Pradesh (Andhra Area) Canals and Public Ferries Act, 1890 (Act 2 of 1890) and the Andhra Pradesh (Telangana Area) Ferries Act, 1314 Fasli (Act 2 of 1314 F), 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,-
(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 authorised in that behalf by an order of the Government.
(4) The gram panchayat may, subject to such restrictions and control as may b
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 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,-
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 provisions of section 69.
(3) Subject to such rules as may be prescribed the gram panchayat may also levy in the village,-
(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:
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 to pay such tax.
(3) The house-tax shall be levied every year and shall, save as otherwise expressly provided in the rules made under sub-section (1) be paid by the owner within thirty days of the commencement of the year. It
(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 such 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 order, by resolution determined to levy the tax at the rate and with effect from the d
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
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,-
(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-
(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 respect of such permission:
Provided that the provisions of this section shall not apply to any advertisement relating to the business of a railway administration erected, exhibited, fixed o
The permission granted under section 64 shall become void in the following cases namely:-
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 form out of the collection of any tax on advertisement leviable under section 63 for
(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 percentum on the amount specified below against such instrument:-
| Description of instrument | Amount on which duty shall be levied. |
|---|---|
| (1) | (2) |
| (i) Sale of immovable property. | The amount of value of the consideration for the sale, as setforth in the instrument or the market value of the property which is the subject matter of the sale, whichever is higher. |
| (ii) Exchange o |
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.
Explanation: In this section, "vehicle" means a conveyance suitable for use on roads or rails and includes any kind of carriage, cart, wagon, wheel barrows, 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 lump sum amount as may be agreed upon between him and the gram panchayat. Where 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 lump sum amount payable by the owner of the factory or a contiguous group of buildings under this section. The 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 improvement. A 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,-
(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,-
The cost of the preparation and revision of the electoral roll, the cost of the 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 prescribed to the Divisional Panchayat Officer. The Divisional Panchayat Officer shall make such suggestions or modifications as he may deem fi
If the expenditure incurred by the Government or by any other gram panchayat or the *[Mandal Praja Parishad] or *[Zilla Praja 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.
Notwithstanding anything in the Local Authorities Loan Act, 1914 (Central Act
(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 and 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 rights in any water work vested in it under sub-section (1), the right to supply water from any such work for raising seed beds on pa
(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 drinking purposes.
(2) The executive authority on receipt of a certificate from any health or medical officer in the service of the Government, the gram panchayat or the
No person shall-
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 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 -
(4) The District Collector may cancel or modify any order passed by gram panchayat under sub-section (3).
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 of suffer to be buried, burnt or otherwise disposed 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,-
(2) Every notice given under sub-section (1) shall be published by affixture to the notice board in the office of the gram panchayat and in the village by beat of drum.
(3) No
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 cesspool 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, -
(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 panchayat. The 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 form such place or to take such action in respect of such quarry or place as it shall deem necessary for the purpose
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 the 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 suffers 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 varandahs, balconies, sunshades, weather 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 panchayat for occupation on such terms and conditions and for such period as the gram panchayat may fix.
(4) But neither a licence un
(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 purpose 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 irrespective of any penalty that may be imposed on or recovered from him, and the amount of such compensation, shall in case of dispute be
(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-
(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 licence to do so.
(2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought not less than thirty and not more than ninety days before such place is opened as a market, or the commencement of the year for which the licence is sought to be renewed, as the case may be.
(3) The 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 the gram panchayat may think proper; or the gram panchayat may, for reasons to be recorded in writing, refuse to grant any such lice
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;-
If any question arises as to whether any place is a market or not, the gram panchayat shall make a reference thereto to the Government and their decision shall be final.
No person shall sell or expose for sale any animal or article,-
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 Praja 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 Praja Parishad], *[Mandal Praja Parishad] and the gram panchayat or the payment of a contribution in respect thereof to the gram panchayat or the *[Zilla Praja Parishad] or *[Mandal Praja Parishad] as the case may be.
(2) In the case of markets classified as *[Mandal Praja Parishad] markets, the gram panchayat and its executive authority shall not exercise any of the powers conferred on them by sections 104 to 111 or 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 Ryotwari) 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 Praja Parishad], *[Mandal Praja 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 :-
Provided that it shall be open to the gram panchayat to permit any person to compound such fees by paying in lieu thereof such lump sum amount as may be fixed by the gram panchayat.
No person shall open a new private cart-stand and or continue to keep open a private cart-stand unless he obtains from the gram panchayat a licence to do so. Such licence shall be renewed every year.
(2) The gram panchayat shall as regards private cart-stands 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-section (2) for breach of the conditions thereof.
(5) The gram panchayat may levy on every grant or renewal of a licence under this section, a fee not exceeding two
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,-
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-
(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 and approval of such authorities and subject to such conditions as may be prescribed.
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,-
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 in the Andhra Pradesh (Andhra Area) Places of Public Resort Act, 1888 or any other Act similar thereto for the time
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.
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 Praja Parishad] or Zilla Prishad 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 Praja Parishad] or *[Zilla Praja Parishad] or Market Committee.
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 (Central Act 45 of 1860).
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.
Every prosecution instituted or offence compounded by the executive authority shall be reported by him to the gram panchayat at its next meeting.
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 the Indian Penal Code (Central Act 45 of 1860).
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 furnishes false information shall be punishable with fine not exceeding ten rupees.
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.
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 as 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
Notwithstanding anything in this Act, or in any law relating to other local authorities, the Government may, in consultation with the
Explanation: For the purposes of this section, 'local authority' inc
(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
(2) Where under sub-section (2) of section 3 of the Andhra Pradesh Districts (Formation) Act, 1974 (Act 7 of 1974), a Mandal is redelimitated or a new Mandal is formed, the Government may, by notification, reconstitute the
Provided that in reconstituting the
(1) Every
(2) No person shall be a member in more than one of the categories specified
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
Provided that the ratio between the population of the territorial area of a
(1) One member shall be elected to the
Provided that a registered voter in the
(2) For purpose 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 Manda 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,-
(1) For every
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 a Member of the Legislative Assembly of the State or of either House of Parliament by resignation or otherwise.
Save as otherwise provided in this Act, -
No person shall be eligible for election as member of a *[Mandal Praja Parishad] unless his name appears in the electoral roll of the *[Mandal Praja Parishads] concerned and he has completed the age of twenty-one years.
(1) A member of the *[Mandal Praja 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 Praja Parishad] or the *[Zilla Praja 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 Praja Parishad] or the *[Zilla Praja Parishad] within whose jurisdiction the *[Mandal Praja Parishad] is situated or any other *[Mandal Praja Parishad] within the jurisdiction of that *[Zilla Praja 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 -
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