Act Description : ANDHRA PRADESH MUNICIPALITIES ACT, 1965

Act Details :
ANDHRA PRADESH MUNICIPALITIES ACT, 1965
6 of 1965
17th February, 1965
An Act to consolidate and amend the law relating to municipalities in the State of Andhra Pradesh. Be it
enacted by the Legislature of the State of Andhra Pradesh in the Sixteenth Year of the Republic of India as
follows:--
PART 1 Preliminary
Section 1 Short title, extent and commencement
(1) This Act may be called the Andhra Pradesh Municipalities Act, 1965.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may, by notification in the Andhra
Pradesh Gazette, appoint.
Section 2 Definitions
In this Act, unless the context otherwise requires,--
(1) 'Andhra Area' means the area in the State of Andhra Pradesh other than Telangana area;
(2) 'appointment', 'appoint', includes temporary appointment and officiating appointment or to appoint
temporarily or in an officiating capacity;
(2-a) 'Backward Classes' means any socially and educationally backward classes of citizens recognised by
the Government for purposes of Clause (4) of Article 15 of the Constitution of India.
(3) 'building' means any structure constructed of any materials for any purpose, and includes a house, out-
house, shop, stable, latrine, shed, hut, wall (other than a boundary wall not exceeding two metres in height),
or any part of such building;
(4) 'building line' means a line which is in rear of the street alignment and to which the main wall of a
building abutting on a street may lawfully extend;
(5) 'carriage' means any wheeled vehicle with springs or other appliances acting as springs and includes any
kind of bicycle, tricycle, rickshaw and palanquin but does not include any motor vehicle within the
meaning of the Motor Vehicles Act, 1939; (Central Act 4 of 1939).
(6) 'cart' includes any wheeled vehicle which is not a carriage but does not include any motor vehicle
within the meaning of the Motor Vehicles Act, 1939; (Central Act 4 of 1939).
(7) 'casual vacancy' means a vacancy occurring otherwise than by efflux of time and casual election' means
an election held to fill a casual vacancy:
(7-a) 'ceiling limit' means the ceiling limit as specified in Section 4 of the Urban Land (Ceiling and
Regulation) Act, 1976.
(8) Chairperson' means the Chairperson of the Council;
(8-a) 'Commissioner' means the person appointed as Commissioner under Sub-section (1) of Section 29
(9) 'Company' means a company as defined in the Companies Act, 1956; (Central Act 1 of 1956), and
includes any foreign company within the meaning of Section 591 of that Act:
(10) 'conservancy worker' means a person employed in collecting or removing filth, in cleaning drains or
slaughter houses or in driving cars used for the removal of filth;
(11) 'Council' means a municipal council constituted under this Act;
(12)'election authority' means such officer or authority as may be appointed by the State Election
Commission to exercise such powers and to perform such functions in connection with the conduct of
elections to the Municipalities;
(13) ............
(14) 'factory' means any premises including the precincts thereof,--
(i) Where in any industrial or manufacturing process is carried on with the aid of steam, water, oil, gas,
electrical or any other form of power which is mechanically transmitted and is not generated by human or
animal agency; or
(ii) Whereon twenty or more workers are working or were working and in any part of which a
manufacturing process is being carried on without the aid of power or is ordinarily so carried on; but does
not include a mine subject to the operation of the Mines Act, 1952 (Central Act 35 of 1952) or a railway
running shed;
(15) 'filth' means--
(a) nightsoil and other contents of latrines, cess-pools and drains;
(b) dung and the refuses or useless or offensive material thrown out in consequence of any process of
manufacture, industry or trade; and
(c) putrid and putrefying substances;
(15-a)'Finance Commission' means the Finance Commission constituted by the Governor under Article
243-I of the Constitution of India;
(16)'government' means the State Government.
(17)'house' means a building or hut fit for human occupation, whether as a residence or otherwise, having a
separate principal entrance from the common way, and includes any shop, workshop or warehouse or any
building used for garaging or parking buses or as a bus-stand;
(18) 'hut' means any building which is constructed principally of wood, mud, leaves, grass or thatch and
includes any temporary structure of whatever size or any small building of whatever material made, which
the council may declare to be a hut for the purposes of this Act;
(19)'latrine' includes privy, water-closet and urinal;
(20) 'local area' includes any town, village, hamlet, bazar, station or other area or any group of the same in
the immediate neighbourhood of one another but does not include a cantonment governed by the
Cantonments Act, 1924; (Central Act 2 of 1924).
(21)'municipal officer' means the principal office of any council;
(22)'municipality' means a municipality of such grade as may be declared by the Government, from time to
time, by notification in the Andhra Pradesh Gazette on the basis of its income and such other criteria as
may be prescribed;
(22-a) 'Nagar Panchayat' means a body deemed to have been constituted under Section 2-A, for a
transitional area specified by the Governor under clause (42-a);
(23)'nuisance' includes any act, omission, place or thing which causes or is likely to cause injury, danger,
annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep or which is or
may be dangerous to life or injurious to health or property of the public or the people in general who dwell
or occupy in the vicinity or persons who may have occasion to use any public right;
(24)'occupier' includes--
(a) any person for the time being paying or liable to pay to the owner the rent or any portion of the rent of
the land or building or part of the same in respect of which the word is used;
(b) a rent-free occupant;
(25)'ordinary vacancy' means a vacancy occurring by efflux of time and 'ordinary election' means an
election held to fill an ordinary vacancy;
(26)'owner' includes--
(a) the person for the time being receiving or entitled to receive, whether on his own account or as agent,
trustee, guardian, manager or receiver for another person or estate for any religious or charitable purposes,
the rent or profits of the property in connection with which the word is used;
(b) the person for the time being in charge of the animal or vehicle in connection with which the word is
used;
(27)'palanquin' includes tonjons, manchils and chairs carried by men by means of posts, but not slings or
cots used for the conveyance of children or aged or sick people;
(27-a) 'population' or population at the last census' with all its grammatical variations and cognate
expressions, means the population as ascertained at the last census of which all the relevant and necessary
figures have been published;
(28)'prescribed' means prescribed by the Government by rules made under this Act;
(29) 'private street' means any street, road, square, court, alley, passage or riding path, which is not a public
street but does not include a pathway made by the owner of premises on his own land to secure access to,
or the convenient use of, such premises;
(30)'public place' includes any path, garden or ground or any other place to which public have or are
permitted to have access;
(31)'public street' means any street, road, square, court, alley, passage or riding path over which the public
have a right of way whether a thoroughfare or not, and includes—
(a) the roadway over any public bridge or causeway;
(b) the footway attached to any street public bridge or causeway; and
(c) the drains attached to any such street, public bridge or cause way and the land, whether covered or not
by any pavement, verandah, or other structure which lies on either side of the roadway upto the boundaries
of the adjacent property whether that property is private property or property belonging to the Government;
(32) 'public water-course, springs, wells and tanks' include those used by the public to such an extent as to
give a prescriptive right to such use,
(32-a) 'qualifying date' in relation to the preparation and publication of every electoral roll under this Act
means the first day of January of the year in which it is so prepared and published;
(33)'reconstruction' of a building includes--
(a) the re-erection, wholly or partially, of a building after more than one-half of its cubical contents have
been taken down or burnt down or has fallen down whether at one time or not;
(b) the re-erection, wholly or partially, of any building of which an outer wall has been taken down or burnt
down or has fallen down to or within ten feet of the ground, adjoining the lowest storey of the building, and
of any frame building which has so far been taken down or burnt down or has fallen down, so as to leave
only the frame work of the lowest storey;
(c) the conversion into a dwelling house or a place of public worship of any building not originally
constructed for human habitation or for public worship as the case may be, or the conversion into more
than one dwelling house of a building originally constructed as one dwelling house only or the conversion
of a dwelling house into a factory, shop, office or warehouse;
(d) the re-conversion into a dwelling house or a place of public worship or a factory of any building which
has been discontinued as, or appropriated for any purpose other than, a dwelling house or a place of public
worship or a factory, as the case may be.
(34)'Regional Director' means the Regional Director of Municipal Administration having jurisdiction over
the Municipality concerned;
(35) 'residence'-- 'reside'-- a person is deemed to have his residence' or to reside' in any house, if he
sometimes uses any portion thereof as a sleeping apartment; and a person is not deemed to cease to reside
in any such house merely because he is absent from it or has elsewhere another dwelling house in which he
resides, if he is at liberty to return to such house at any time and has not abandoned his intention of
returning;
(36) 'rubbish' means dust, ashes, broken bricks, mortar, broken glass, and refuse of any kind which is not
filth';
(37) 'salary' means pay and acting pay or payment by way of commission and includes exchange,
compensation allowances but not allowances for house-rent, conveyance or travelling expenses;
(38)'scheduled castes' means such castes, races or tribes or parts of or, groups within, such castes, races or
tribes as are notified to be Scheduled Castes under Article 341 of the Constitution of India in relation to the
State of Andhra Pradesh;
(39)'scheduled tribes' means such tribes, or tribal communities or parts of, or groups within, such tribes or
tribal communities as are notified to be Scheduled Tribes under Article 342 of the Constitution of India in
relation to the State of Andhra Pradesh;
(40)'State Election Commission' means the State Election Commission constituted in pursuance of Article
243-K of the Constitution of India;
(41)'street alignment' means a line dividing the lands comprised in and forming part of a street from the
adjoining land;
(42)'Telangana area' means the territories specified in Sub-section (1) of Section 3 of the States
Reorganisation Act, 1956; (Central Act 37 of 1956);
(42-a) 'transitional area' or a smaller urban area' means such area as the Governor may, having regard to the
population of the area, the density of the population therein, the revenue generated for local administration,
the percentage of employment in non-agricultural activities, the economic importance or such other factors
as he may deem fit, specify by public notification for the purposes of this Act, subject to such rules as may
be made in this behalf;
(42-b)'Wards Committee' means a Wards Committee constituted under Section 5-B;
(43)'watercourse' includes any river, stream or channel whether natural or artificial,
(44)'year' means the financial year.
Section 2A Constitution of Nagar Panchayats
(1) Where an area is specified as a transitional area under clause (42-a) of Section 2, a Nagar Panchayat
shall be deemed to have been constituted for such transitional area.
(2) The provisions of this Act shall apply to a Nagar Panchayat deemed to have been constituted under this
section as they apply to a Municipality and to facilitate such application a Nagar Panchayat shall be
deemed to be a Municipality;
PART 2 Constitution of Municipalities and constitution or appointment of Municipal Authorities
CHAPTER 1 Constitution of Municipalities
Section 3 Constitution of Municipalities
(1) Where a notification is issued specifying an area as a smaller urban area under clause (42-a) of Section
2, a Municipality shall be deemed to have been constituted for such area; Provided that a Municipality
under this clause may not be constituted in such urban area or part thereof as the Governor may, having
regard to the size of the area of the Municipal Services being provided or proposed to be provided by an
industrial establishment in that area and such other factors as he may deem fit, by public notification,
specify to be an Industrial Township.
(2) Where any local area which is within the jurisdiction of any other local authority is constituted as or
included in a Municipality, the Government may pass such orders as they may deem fit as to the transfer to
the council of such Municipality, or disposal otherwise, of the assets or institutions of any such local
authority in the local area and as to discharge of the liabilities, if any, or such local authority relating to
such assets or institutions.
(3) Where any local area is excluded from a Municipality and included within the jurisdiction of any other
local authority, the Government may pass such orders as they deem fit, as to the transfer to such local
authority or disposal otherwise, of the assets or institutions of such Municipality in the local area and as to
the discharge of the liabilities, if any, of such municipality relating to such assets or institutions.
(4) Every local area which at the commencement of the Andhra Pradesh Municipal Laws (Amendment)
Act, 1995 has been constituted into a Municipality shall, until the criteria for specifying a transitional area'
and smaller urban area' are prescribed be deemed to have been specified as a smaller urban area under
clause (42-a) of Section 2 and a Municipality of the same grade existing as at such commencement shall be
deemed to have been constituted under this Act: Provided that after the criteria for specifying a 'transitional
area' and 'smaller urban area' are prescribed, if a local area which is deemed to have been specified as a
smaller urban area does not satisfy the criteria therefor, but satisfies the criteria, for specifying as a
'transitional area', then it shall be competent for the Governor to specify such local area as a transitional
area and thereupon a Nagar Panchayat shall be deemed to have been constituted for such transitional area.
Section 3A Abolition of Municipalities
(1) The Government may, by notification, abolish any municipality to which this Act applies, wherein the
opinion of the Government it is not financially sound or for such other reasons as may be recorded in
writing:-
Provided that-
(a) the Government shall, before they issue such notification, communicate to the municipal council the
grounds on which they propose to do so, fix a reasonable period for the municipal council to show cause
against proposal and consider its explanations and objections, if any
(b) the notification shall contain a statement of the reasons of the Government and shall be laid before the
Andhra Pradesh Legislative Assembly.
(2) From such date as may be specified in such notification, the provisions of this Act and all notifications,
rules, bye-laws, regulations, orders, directions and powers issued, made or conferred under this Act, shall
cease to apply to the area previously comprised in the municipality; the balance of the municipal fund and
all other property vested in the municipal council and all its liabilities shall stand transferred to the
Government or to such local or other authority or to such officer or other person as they may, by order,
direct.
CHAPTER 2 Constitution or Appointment of Municipal Authorities
Section 4 The Municipal authorities
The municipal authorities charged with carrying out the provisions of this Act are--
(a) a council;
(b) a Chairperson;
(c) a commissioner.
(d) the Wards Committee.
Section 5 Constitution of Municipal Council
(1) There shall be constituted for each Municipality a body of members to be called the Municipal Council
having authority over the Municipality.
(2) The Council shall consist of the following members, namely:-
(i) Such number of elected members as may be notified from time to time by the Government in the
Andhra Pradesh Gazette, in accordance with such principles as may be prescribed: Provided that the
number of members to be elected in respect of each Council existing at the commencement of the Andhra
Pradesh Municipal Laws (Second Amendment) Act, 1994 shall be as it stood at such commencement until
such number is revised by the Government in accordance with the principles prescribed;
(ii) every member of the Legislative Assembly of the State representing a constituency of which a
Municipality or a portion thereof forms part: Provided that a Member of the Legislative Assembly
representing a Constituency which comprises more than one Municipality including a part of any
Municipality, shall be ex-officio member of one such Municipality, which he chooses within a period of
thirty days from the date of conduct of ordinary elections to the Municipalities or the date of election as
Member of the Legislative Assembly by notice in writing duly signed by him and delivered to the
Commissioner of that Municipality or Nagar Panchayat and he shall also have the right or speak in and
otherwise take part in the proceedings of any meeting of the other Councils comprised within the
Constituency, but shall not be entitled to vote at any such meeting. The intimation so given shall be final
and irrevocable. In default of such intimation within the aforesaid period, the Election Authority shall
decide the Municipality and inform the Member of the Legislative Assembly.
(iii) every member of the House of the People representing a constituency of which a Municipality or a
portion thereof forms part: Provided that a Member of the House of the People representing a Constituency
which comprises more than one Municipality including a part of any Municipality, shall be ex-officio
member of one such Municipality, which he chooses within a period of thirty days from the date of conduct
of ordinary elections to the Municipalities or the date of election as Member of the House of the People by
notice in writing duly signed by him and delivered to the Commissioner of that Municipality or Nagar
Panchayat and he shall also have the right to speak in and otherwise take part in the proceedings of any
meeting of the other Councils comprised within the Constituency, but shall not be entitled to vote at any
such meeting. The intimation so given shall be final and irrevocable. In default of such intimation within
the aforesaid period, the Election Authority shall decide the Municipality and inform the Member of the
House of the People.
(iv) every member of the Council of States registered as an elector within the Municipality ex-officio;
(v) persons having special knowledge or experience in Municipal Administration co-opted by the
Municipal Council whose number shall be one in the case of a Nagar Panchayat two in the case of a
Municipality having population of less than three lakhs and three in the case of a Municipality having a
population of three lakhs or more :
Provided that in the case of a Municipality which has more than one co-opted member, one member shall
be a woman; Provided further that the member co-opted under this clause shall have the right to speak in
and otherwise to take part in the meetings of Nagar Panchayat or the Municipality, as the case may be, but
shall not have the right to vote.
(vi) one person belonging to minorities to be co-opted in the prescribed manner by the members specified
in clauses (i) to (iv) from among the persons who are registered voters in the Municipality and who are not
less than twenty-one years of age:
Provided that the member co-opted under this clause shall have the right to speak in and otherwise to take
part in the meetings of the Nagar Panchayat or the Municipality, as the case may be, without the right to
vote.;
Section 5A Symbols for election to the offices of Chairperson and members
The election authority shall by notification in the Andhra Pradesh Gazette specify the symbols including
the symbols reserved for a recognised political party for exclusive allotment to contesting candidates set up
by that party, that may be chosen by the candidates contesting at an election to the offices of Chairperson
and members and the restrictions to which their choice shall be subject.
Explanation:- In this section the term "recognised political party" shall have the meaning assigned to it in
the Election Symbols (Reservation and Allotment) Order, 1968, issued under Article 324 of the
Constitution of India.
Section 5B Constitution, powers and functions of the Wards Committees
(1) In respect of a Municipality having population of three lakhs or more there shall be constituted by the
Commissioner and Director of Municipal Administration, by order, such number of Wards Committees as
may be determined by him, so however, that each Wards Committee shall consist of not less than five
Wards:
Provided that in constituing Wards Committees, the Commissioner shall maintain geographical contiguity
as far as possible:
Provided further that the Commissioner and Director of Municipal Administration may in respect of
Municipalities having population of less than three lakhs constitute Wards Committees subject to such
conditions and in accordance with such rules as may be made in this behalf.
(2) Each Wards Committee shall consist of the members elected from the Wards for which the Wards
Committee is constituted:
Provided that such officers of the Municipality as the Commissioner may specify shall attend the meetings
of the Wards Committee, and shall have the right to speak in and otherwise to participate in the meetings of
the Wards Committee, but shall not have the right to vote.
(3) The Chairperson of the Wards Committee shall be elected by the members thereof from among
themselves in the prescribed manner. He shall hold office for a period of one year from the date of election
and shall be eligible for re-election.
(4) The Chairperson shall cease to hold office if he ceases to be a member of the Wards Committee. Any
casual vacancy in the office of the Chairperson shall be filled by election of another Chairperson from
among the elected members of the Wards Committee as soon as may be after the occurrence of the
vacancy.
(5) The powers and functions of the Wards Committee and the manner of conduct of business at its
meetings shall be such as may be prescribed.
Section 6 Incorporation of Council
The council constituted under Section 5 shall, by the name of the municipality, be a body corporate, shall
have perpetual succession and a common seal and subject to any restriction or qualification imposed by this
Act or any other law shall be vested with the capacity of suing or being sued in its corporate name,
acquiring, holding and transferring property, entering into contracts and doing all things necessary for the
purposes of this Act.
Section 7 Special provision in the case of newly constituted and reconstituted councils
(1) Notwithstanding any other provision in this Act, where a municipality is constituted for the first time,
the Government may appoint a Special Officer to exercise the powers, discharge the duties and perform the
functions of the council, its Chairperson, its Wards Committees, its committees referred to in Sections 43
and 74, and the Commissioner.
(2) The Special Officer shall cause arrangements for election to be made so that the Chairperson and the
elected members may come into officer on such date as may be specified by the Government by an order
made in this behalf;
Provided that the Government may, from time to time, postpone the date within a period of one year so
specified it, for any reason, the elections cannot be completed before such date.
(2A) Notwithstanding anything contained in this Act, every Special Officer appointed under Sub-section
(1) read with Sub- section (6) to any municipality in the State, shall cause arrangements for election to be
made to that municipality so that the elected members and the Chairperson thereof may come into office on
such date as may be specified by the Government by an order made in this behalf;
(3) The Special Officer shall exercise the powers, discharge the duties and perform the functions, of the
council until the elected members come into office, of the Chairperson until a Chairperson is elected, of the
wards committees until the wards committees are constituted of the committees referred to in Sections 43
and 74 until committees thereof have been constituted and of the Commissioner until a Commissioner has
been appointed, as the case may be.
(4) x x x
(5) The term of office of the elected members and the Chairperson of a Municipality referred to in sub-
section (1) shall be co-terminus with the elected members and the chairpersons of the Municipalities in the
State elected in the last preceding ordinary elections.
(6) The provisions of sub-sections (1) to (5) shall so far as may be, apply to all cases of reconstitution of
councils, unless otherwise provided in this Act.
(7) Where the number of seats on a council is increased by or in consequence of a notification under sub-
section (1) of Section 5, the members elected for the additional seats or the members elected in their places
at casual vacancies shall hold office until the date on which the members elected to the original seats at the
ordinary elections immediately preceding will vacate office.
Section 8 Reservation of seats
(1) In every municipality, out of the total strength of elected members determined under Section 5, the
Government shall, subject to such rules as may be prescribed, by notification, reserve -
(a) such number of seats to the Scheduled Castes and Scheduled Tribes as may be determined by them,
subject to the condition that the number of seats so reserved shall bear, as nearly as may be, the same
proportion to the total number of seats to be filled by direct election to the Municipal Council, as the
population of the Scheduled Castes, or as the case may be, of the Scheduled Tribes in that Municipality
bears to the total population of that Municipality; and such seats may be allotted by rotation to different
Wards in a Municipality;
(b) one third of the total number of seats to the Backward Classes and such seats may be allotted by
rotation to different Wards in the Municipality;
(c) not less than one-third of the total number of seats reserved under clauses (a) and (b) for women
belonging to the Scheduled Castes, Scheduled Tribes or as the case may be, the Backward Classes;
(d) not less than one-third (including the number of seats reserved for women belonging to the Scheduled
Castes, Scheduled Tribes and Backward Classes) of the total number of seats to be filled by direct election
to every Municipal Council, for women and such seats may be allotted by rotation to different Wards in a
Municipality.
Explanation-I:- In this section the expression "Scheduled Castes, Scheduled Tribes" shall have the
meanings respectively assigned to them in clause (24) and clause (25) of Article 366 of the Constitution of
India.
Explanation-II :- x x x x
(2) Nothing in sub-section (1) shall be deemed to prevent women and members of the Scheduled Castes,
Scheduled Tribes or Backward Classes from standing for election to the non-reserved seats in the
Municipality.
Section 9 Reservation of Office of members and Chairperson to cease after certain date
The provisions of Sections 8 and 23 relating to the reservation of office of member or the Chairperson for
the Scheduled Castes and Scheduled Tribes shall cease to have effect on the expiration of the period
specified in Article 334 of the Constitution of India.
Section 10 Division of municipalities into wards, etc., for the purpose of election of members
(1) For the purpose of election of members to a council, the Government may, after consulting the council,
by notification in the Andhra Pradesh Gazette,--
(a) divide the municipality into as many as single member wards as the number of members notified under
Section 5.
xxx
(b) determine the wards in which the seats, if any, reserved under sub-section (1) of Section 8 shall be set
apart; and
(c) declare for whom such seats are reserved.
(2) x x x
(3) All the electors of a ward shall be entitled to vote at an election to any seat in the ward whether reserved
or not.
(3-A) Where a notification issued under sub-section (1) results in the material alteration of the existing
division of a municipality into wards, the Government may direct that the alteration shall take effect from
the date of next ordinary elections.
(3-B) Where any local area within the jurisdiction of any other local authority is included in a Municipality
under Section 3, the local area shall be added to such adjoining ward or wards of the municipality, as the
Government may direct.
(4) When a new ward is formed, or when an existing ward is abolished, the election authority shall, with
the approval of the Government, determine--
(a) the ward which each elected member then on the council shall be deemed to represent; and
(b) the ward or wards in which elections shall be held to fill the vacancies, if any, in the council.
Section 10A State Election Commission
The preparation of electoral rolls for, and the conduct of elections to, all municipalities in the State shall be
under the superintendancy, direction and control of the State Election Commission.
Section 11 Preparation and publication of electoral roll for a municipality
(1) The electoral roll for a municipality shall be prepared and published by the person authroised by the
State Election Commissioner in such manner by reference to such qualifying date as may be prescribed and
the electoral roll for a municipality shall come into force immediately upon its publication in accordance
with the rules made by the Government in this behalf. The electoral roll for a municipality shall consist of
such part of the electoral roll for the Assembly constituency published under the Representation of the
People Act, 1950 as revised or amended under the said Act, up to qualifying date as relates to municipality
or any portion thereof:
Provided that any amendment, transposition or deletion of any entries in the electoral roll, any inclusion of
names in the electoral roll of the Assembly Constituencies concerned, made by the Electoral Registration
Officer under Section 22 or Section 23, as the case may be, of the Representation of the People Act, 1950,
upto the date of election notification, for any election held under this Act, shall be carried out in the
electoral roll of the municipality and any such names included shall be added to the part relating to the
concerned ward.
Explanation:-When in the case of any Assembly Constituency there is no district part of the electoral roll
relating to the municipality, all persons whose names are entered in such roll under the registration area
comprising the municipality and whose addresses as entered are situated in the municipality shall be
entitled to be included in the electoral roll for the municipality prepared for the purposes of this Act.
(2) The electoral roll for a municipality,-
(a) shall be prepared and published in the prescribed manner by reference to the qualifying date,-
(i) before each ordinary election; and
(ii) before each casual election to fill a casual vacancy in the office of the Chairperson or Member of
Municipality; and
(b) shall be prepared and published, in any year, in the prescribed manner, by reference to the qualifying
date, if so, directed by the State Election Commission:
Provided that if the electoral roll is not prepared and published as aforesaid, the validity, or continued
operation of the said electoral roll, shall not thereby be affected.
(3) When a municipality has been divided into Wards, the Electoral Roll for the Municipality shall be
divided into separate lists for each ward.
(4) Where after the electoral roll for a municipality or any alteration thereto have been published under sub-
section (2), the Municipality is divided into Wards for the first time or the division of the Municipality into
wards is altered or the limits of the Municipality are varied, the person authorised by the State Election
Commission in this behalf shall, as soon as may be after such division or alteration or variation, as the case
may be, in order to give effect to the division of the Municipality into wards or to the alteration of the
variation of the limits, as the case may be, authorise a re-arrangement and republication of the electoral roll
for the Municipality or any part of such roll, in such manner as the State Election Commission may direct.
(5) The electoral roll published under sub-section (1) or as the case may be under sub-section (4) shall be
the electoral roll for the municipality and it shall remain in force till a fresh electoral roll for the
municipality is published under this Section.
(6) Every person whose name appears in that part of the electoral roll relating to a ward shall subject to the
other provisions of this Act, be entitled to vote at any election which takes place in that ward while the
electoral roll remains in force and no person whose name does not appear in such part of the electoral roll
shall vote at any such election.
(7) No person shall vote at an election under this Act in more than one ward or more than once in the same
ward and if he does so, all his votes shall be invalid.
Explanation:- In this section, the expression “Assembly Constituency” shall mean a constituency provided
by law for the purpose of elections to the Andhra Pradesh Legislative Assembly.
Section 12 Section
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Section 13 Qualification of candidates
A person shall be qualified for election as a member only if his name appears on the electoral roll for the
municipality and if he is not less than twenty one years of age.
Section 13A General Disqualification
A person shall be disqualified for being chosen as, or for being a member of a Municipality if he is
disqualified by or under any law for the time being in force for the purpose of elections to the legislature of
the State concerned:
Provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if
he has attained the age of twenty one years.
Section 13B Persons having more than two children to be disqualified
A person having more than two children shall be disqualified for election or for continuing as member:
Provided that the birth within one year from the date of commencement of the Andhra Pradesh Municipal
Laws (Second Amendment) Act, 1994 (hereinafter in this Section referred to as the date of such
commencement) of an additional child shall not be taken into consideration for the purposes of this section:
Provided further that a person having more than two children (excluding the child if any born within one
year from the date of such commencement) shall not be disqualified under this section for so long as the
number of children he had on the date of such commencement does not increase:
Provided also that the Government may direct that the disqualification in this section shall not apply in
respect of person for reasons to be recorded in writing.
Section 14 Disqualification for election or for holding office as a member
A person holding an office of profit under a municipality, the Central Government or the State Government
shall be disqualified for election or for holding office as member.
Provided that a person shall not be deemed to hold an office of profit under municipality by reason only
that he is a Chairperson or member of a municipality in the State.
Provided further that a village officer who is not actually performing the functions or discharging the duties
as such officer shall not be so disqualified.
Section 15 Other disqualifications of candidates
(1) A person who has been sentenced by a criminal court
(a) to imprisonment for an offence under the Untouchability (Offences) Act, 1955; (Central Act 22 of
1955).
(b) x x x x for any offence other than an offence of political character or any offence not involving moral
delinquency, such sentence not having been suspended, reversed or the offence pardoned. shall be
disqualified for election as a member while undergoing the sentence and for five years from the date of the
expiration thereof.
(2) A person shall be disqualified for election as a member if such person is, on the date fixed for scrutiny
of nomination for election
(a) of unsound mind and stands so declared by a competent court, a deaf-mute or suffering from leprosy;
(b) an applicant to be adjudicated an insolvent or undischarged insolvent;
(c) interested in a subsisting lease or contract entered into with or any work being done for, the council
except as a share-holder, other than a director, in a company:
Provided that a person shall not be deemed to have any interest in such contract or work by reason only of
his having a share or interest in
(i) any sale or purchase of immovable property or any agreement for the same; or
(ii) any public loan raised by municipality or any security for the payment of money only; or
(iii) any newspaper in which any advertisement relating to the affairs of the council is inserted; or
(iv) the sale to the council of any articles in which he regularly trades, or the purchase from the council of
any articles to a value in either case not exceeding five hundred rupees in the aggregate in any year during
the period of the contract or work;
(v) the occasional letting out on hire to the municipality or hiring from the municipality of any article for an
amount not exceeding in the aggregate in any one year five hundred rupees;
(d) employed as a paid legal practitioner on behalf of the council or as a legal practitioner against the
council;
(e) an honorary magistrate for the municipal town;
(f) already a member whose term of office as such will not expire before his fresh election can take effect,
or has already been elected a member whose term of office has not yet commenced;
Explanation:- Nothing in this clause shall be construed as disqualifying a sitting member of a municipality
for re-election as member to that municipality;
(g) the employee or employer or the official subordinate or official superior of a member holding office on
the said date;
(h) in arrears of any kind due by him otherwise than in a fiduciary capacity to the municipality upto and
inclusive of the previous year, in respect of which a bill or notice has been duly served upon him and the
time if any specified therein for payment, has expired; or
(i) dismissed form service of the Central Government, the State Government, any municipality or any local
authority for misconduct.
Section 16 Disqualification of members
(1) Subject to the provisions of Section 17, a member shall cease to hold his office, if he--
(a) is sentenced by a criminal court to such punishment and for such offence as is described in sub-section
(1) of Section 15;
(b) becomes of unsound mind and stands so declared by a competent court;
(c) is a deaf-mute or is suffering from leprosy;
(d) applies to be adjudicated or is adjudicated an insolvent;
(e) subject to the proviso to clause (c) of Sub-section (2) of Section 15, acquires any interest in any
subsisting contract made with, or work being done for, the council except as a share-holder, other than a
director, in a company;
(f) is employed as a paid legal practitioner on behalf of the council or legal practitioner against the council;
(g) is appointed as an officer or servant under this Act or as an honorary magistrate for the municipal town;
(h) accepts employment under or becomes the official subordinate of any other member;
(i) ceases to reside for a period of more than six months in the municipality or within two kilometers from
the outer limits therefrom;
(j) fails to pay arrears of any kind due by him, otherwise than in a fiduciary capacity, to the municipality
within three months after a bill or notice has been served upon him under this Act, or where, in the case of
any arrears, this Act does not require the service of any bill or notice, within three months after a notice
requiring payment of the arrears, which notice it shall be the duty of the Commissioner to serve at the
earliest possible date, has been duly served upon him by the Commissioner;
(k) absents himself from the meetings of the council for a period of three consecutive months reckoned
from the date of the commencement of his term of office, or of the last meeting which he attended, or of his
restoration to office as member under Sub-section (3), as the case may be, or within the said period less
than three ordinary meetings have been held absents himself from three consecutive ordinary meetings held
after the said date:
Provided that in the case of a woman member a period of not more than two months at a time shall be
excluded in reckoning the period of absence aforesaid if, for reasons of physical disability due to advanced
stage of pregnancy and of delivery, such member absents herself from meetings of the council after giving
a written intimation to the Commissioner of the date from which she would be absent:
Provided further that no meeting from which a member absented himself shall be counted against him
under this clause if notice of that meeting was not duly served on him.
Provided also that nothing in this clause shall apply to an ex-officio member.
Explanation:- For the purpose of this clause, (i) ordinary meeting' shall mean a meeting referred to in sub-
rule (1) of Rule (2) in Schedule I. (ii) where a meeting other than an ordinary meeting intervenes between
one ordinary meeting and another ordinary meeting, those two ordinary meetings shall be regarded as being
consecutive to each other.
(2) Where a person ceases to be a member under Clause (a) of sub-section (1) or under Section 19, he shall
be restored to office for such portion of the period for which he was elected as may remain unexpired at the
date of such restoration, if and when the sentence or order is annulled on appeal or revision and any person
elected to fill the vacancy in the interim shall on such restoration, vacate office.
(3) Where a person ceases to be a member under clause (k) of sub-section (1), the Commissioner shall at
once intimate the fact in writing to such person and report the same to the council at its next meeting. If
such person applies for restoration to the council on or before the date of its next meeting or within fifteen
days of the receipt by him of such intimation; the council may, at the meeting next after the receipt of such
application, or suo motu restore him to the office of member;
Provided that a member shall not be so restored more than thrice during his term of office.
Section 17 District Judge to decide questions of disqualifications of members
(1) Where an allegation is made by any voter or authority to the Commissioner in writing that any person
who is elected a a member has not qualified or has become disqualified under Section 13, Section 13-A and
Section 13-B Section 14, Section 15, Section 16 or Section 19 and the Commissioner has given intimation
of such allegation to the member and such member disputes the correctness of the allegation so made or
where any member himself entertains any doubt whether or not he has become disqualified under any of
those sections.
(a) such member or any other member may, within a period of two months from the date on which such
intimation is given or doubt is entertained, as the case may be, and
(b) the Commissioner shall, either on the direction of the council or with the approval of the Government if
no such direction is given within a period of two months from the date of placing of the matter by the
Commissioner before the council, apply for a decision to the District Judge of the district in which the
municipality is situated.
(1A) x x x
(2) The said Judge, after making such inquiry as he deems necessary, shall determine whether or not such
person is disqualified and his decision shall be final.
(3) Pending such decision, the member shall be entitled to act as if he was not disqualified.
Section 18 Infringement of secrecy of election
Every polling officer, clerk or other person in attendance at the polling room who, except for some purpose
authorised by law, communicates to any person any information showing directly or indirectly for which
candidate any voter, has voted, and every person who by any improper means procures any such
information, shall be punished with imprisonment of either description which may extend to six months or
with fine or with both.
Section 19 Disqualification of persons convicted of election offences
Every person convicted of an offence punishable under Section 18 or under Chapter IX-A of the Indian
Penal Code shall be disqualified from voting or from being elected in any election to which this Act applies
from holding the office of member for a period of five years from the date of his conviction or for such
shorter period as the court may, by order, determine.
Section 20 Term of office of members and filling of seats
(1)
(a) The term of office of elected members shall, save as otherwise expressly provided in this Act, be five
years from the date appointed by the election authority for the first meeting of the Council;
xxx
(b) An ex-officio member shall hold office so long as he continues to be the member of the Legislative
Assembly of the State or as the case may be, of the House of the People.
(2) Ordinary vacancies in the office of the members shall be filled at ordinary elections which shall be
completed before the expiry of the term of office of the members.
(3) A member elected at an ordinary election held after the occurrence of a vacancy shall enter upon office
forthwith but shall hold office only as long as he would have been entitled to hold office if he had been
elected before the occurrence of the vacancy;
Section 21 Casual vacancies of ward members
(1) A casual vacancy in the office of the Ward Member shall be filled at a casual election which shall be
fixed by the election authority to take place twice in a year, one in the month of April and another in the
month of October;
Provided that no casual election shall be held to fill a vacancy occurring within three months before the
date on which the term of office of the ward member expires by efflux of time and that such vacancy shall
be filled at the next ordinary election.
(2) A member elected to a casual vacancy shall enter upon office forthwith but shall hold office so long
only as the member in whose place he is elected would have been entitled to hold office if the vacncy had
not occurred.
Section 21A Postponement of casual elections to the office of members and Chairperson
Notwithstanding anything in this Act, or the rules made thereunder, it shall be lawful for the Government,
to postpone, from time to time by general or special order, and for reasons specified therein, any election to
fill a casual vacancy in the office of a Chairperson or a member of a municipality:
Provided that the total period of such postponement shall in no case exceed one year.
Section 22 Procedure when no member is elected
(1) If at an ordinary or casual election held under Section 20 or Section 21, no member is elected, a fresh
election shall be held on such day as the election authority may fix.
(2) The term of office of a member elected under this section shall expire at the time at which it would have
expired if he had been elected at the ordinary or casual election, as the case may be.
Section 23 Election of Chairperson
(1)
(a) In the case of every municipality, the Chairperson shall be elected by the persons whose names appear
in the electoral roll for the municipality, from among themselves, in the manner prescribed. A person shall
not be qualified to stand for election as Chairperson unless he is not less than twenty-one years of age.
(b) If at any election held under this sub-section no Chairperson is elected, a fresh election shall be held:
Provided that if a member of the Legislative Assembly of the State of of either House of Parliament is
elected as Chairperson, he shall cease to hold the said office of Chairperson unless within fifteen days from
the date of election to the said office, he ceases to be a member of the Legislative Assembly of the State or
as the case may be, of either House of Parliament and if a Chairperson subsequently becomes a member of
the Legislative Assembly of the State or as the case may be, of either House of Parliament, he shall cease to
hold the said office of the Chairperson unless, within fifteen days from the date on which he so becomes
such member he ceases to be member of Legislative Assembly of the State or as the case may be, of either
House of Parliament:
xxx
xxx
(c) Out of the total number of offices of chairperson in the State, the Government shall, subject to such
rules as may be prescribed, by notification reserve--
(i) such number of offices to the Scheduled Castes and Scheduled Tribes as may be determined subject to
the condition that the number of offices so reserved shall bear, as nearly as may be, the same proportion to
the total number of offices to be filled in the State as the population of the Scheduled Castes or Scheduled
Tribes, as the case may be, in the Municipalities of the State bears to the total population in the
Municipalities of the State and such offices may be allotted by rotation to different Municipalities in the
State;
(ii) one-third of the offices to the Backward Classes and such offices may be allotted by rotation to
different municipalities in the State;
(iii) not less than one-third of the total number of offices reserved under clauses (i) and (ii) for women
belonging to the Scheduled Castes, Scheduled Tribes, or as the case may be Backward Classes; and
(iv) not less than one-third (including the number of offices reserved for women belonging to the
Scheduled Castes, Scheduled Tribes and the Backward Classes) of the total number of offices to be filled in
the State, for women; and such offices may be allotted by rotation to different Municipalities in the State.
(2) The election of the Chairperson may be held ordinarily at the same time and in the same place, as the
ordinary election of the members of the municipality.
(3) Save as otherwise expressly provided in this Act, the term of office of the Chairperson who is elected at
an ordinary election shall be five years from the date, appointed by the election authority for the first
meeting of the council.
xxx
(4) Subject to the provisions of sub-section (5), any casual vacancy in the office of the Chairperson shall be
filled at a casual election and a person elected as Chairperson in any such vacancy shall enter upon office
forthwith and hold office only so long as the person in whose place he is elected would have been entitled
to hold office, if the vacancy had not occurred.
(5) No casual vacancy in the office of the Chairperson shall be filled within six months before the date on
which the ordinary election of the Chairperson under sub-section (1) is due.
(6) The provisions of Sections 13-A to 19 (both inclusive) shall, as far as may be, apply in relation to the
office of the Chairperson, as they apply in relation to the office of an elected member.
(7) The Chairperson shall, by virtue of his office be a member of the municipality and shall have all the
rights and privileges of an elected member of municipality and he shall be entitled to vote at all the
meetings of the Council.
Section 24 Section
xxxxx
Section 25 Election of Vice-Chairperson
(1) Every council shall elect one of its elected members to be its Vice-Chairperson within fifteen days from
the date of election of the Chairperson, in the manner prescribed.
xxx
(2) The ex-officio members other than the ex-officio members specified in Clause (v) of sub-section (2) of
Section 5 shall be entitled to participate in the meeting convened for the election of the Vice-Chairperson.
(3) If at any election held under sub-section (1) no Vice-Chairperson is elected, a fresh election shall be
held for electing a Vice-Chairperson.
(4) The Vice-Chairperson shall be deemed to have assumed office on his being declared as such.
Section 26 Cessation of office of Chairperson and Vice-Chairperson
The Chairperson shall cease to hold office as such, on his becoming disqualified for holding the office or
on his removal from office or on the expiry of his term or on his otherwise ceasing to be Chairperson: and
the Vice-Chairperson shall cease to hold office as such, on the expiry of the term of office as a member or
his otherwise ceasing to be a member.
Section 26A Procedure when office of Chairperson is vacant
(1) Where the officer of the Chairperson falls vacant, the Vice-Chairperson shall perform the functions of
the Chairperson until a new Chairperson is elected. Immediately on the occurrence of such vacancy, the
Commissioner shall intimate the fact to the election authority and the election authority shall arrange the
election of the Chairperson.
(2) Where the office of the Chairperson is vacant and there is either a vacancy in the office of the Vice-
Chairperson, or the Vice- Chairperson has been continuously absent from jurisdiction for more than fifteen
days or is incapacitated for more than fifteen days, the District Collector in the case of a special selection
grade municipality or the Revenue Divisional Officer, in the case of any other municipality, shall,
notwithstanding anything in this Act or in the rules and notifications issued thereunder, exercise the powers
and perform the functions of the Chairperson until a new Chairperson or Vice-Chairperson is elected, or the
Vice-Chairperson returns to jurisdiction or recovers from incapacity.
Section 27 Notification of elections
All elections of members Chairperson and Vie-Chairperson shall, as soon as may be, be notified in the
prescribed manner.
Section 28 Requisitioning of premises and vehicles for election purposes
(1) If it appears to the Government that in connection with any election held under this Act:-
(a) any premises are needed or are likely to be needed for the purpose of being used as a polling station or
for the storage of ballor boxes after a poll has been taken, or
(b) any vehicle is needed or is likely to be needed for the purpose of transport of personnel or ballot boxes
to or from any polling station, or transport of members of the police force for maintaining order during the
conduct of such election, or transport of any officer or other person for performance of any duties in
connection with such election, the Government may, by order in writing, requisition such premises or such
vehicle, as the case may be, and may make such further orders as may appear to them to be necessary or
expedient, in connection with the requisitioning;
Provided that no vehicle which is being lawfully used by a candidate or his agent for any purpose
connected with the election of such candidate shall be requisitioned under this sub-section until the
completion of the poll at such election.
(2) The requisition shall be effected by an order in writing addressed to the person deemed by the
Government to be the owner or person in possession of the property, and such order shall be served in the
prescribed manner on the person to whom it is addressed.
(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not
extend beyond the period for which such property is required for any of the purposes mentioned in that sub-
section.
Explanation:- For the purpose of this section, premises' means any land, building, part of a building and
include a hut, shed or other structure or any part thereof; and vehicle' means any vehicle used or capable of
being used, for the purpose of road transport, whether propelled by mechanical power or otherwise.
Section 28A Payment of Compensation
(1) Whenever in pursuance of Section 28, the Government requisition any premises, there shall be paid to
the person interested compensation the amount of which shall be determined by taking into consideration
the following namely:
(i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar
premises in the locality:
(ii) if in consequence of the requisition of the premises, the person interested is compelled to change his
residence or place of business, the reasonable expenses, if any, incidental to such change:
Provided that where any person interested, being aggrieved by the amount of compensation so determined,
make an application within the prescribed time to the Government for referring the matter to an arbitrator,
the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the
Government may determine;
Provided further that where there is any dispute as to the title to receive the compensation or as to the
appointment of the amount of compensation, it shall be referred by the Government to an arbitrator
appointed in this behalf by the Government for determination and shall be determined in accordance with
the decision of such arbitrator.
Explanation:- In this sub-section, the expression person interested' means the person who was in actual
possession of the premises requisitioned under Section 28 immediately before the requisition, or where no
person was in such actual possession, the owner of such premises.
(2) Whenever in pursuance of Section 28, the Government requisition any vehicle, there shall be paid to the
owner thereof compensation, the amount of which shall be determined by the Government on the basis of
the fares or rates prevailing in the locality for the hire of such vehicle;
Provided that where the owner of such vehicle, being aggrieved by the amount of compensation so
determined, makes an application within the prescribed time to the Government for referring the matter to
an arbitrator the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf
by the Government may determine:
Provided further that where immediately before the requisitioning, the vehicle was by virtue of hire
purchase agreement, in the possession of a person, other than the owner, the amount determined under this
sub-section as the total compensation payable in respect of the requisition shall be apportioned between
that person and the owner in such manner as they may agree upon and in default of agreement, in such
manner as an arbitrator appointed by the Government in this behalf may decide.
Section 28B Power to obtain information
The Government may, with a view to requisitioning any property under Section 28 or determining the
compensation payable under Section 28-A, by order, require any person to furnish to such authority as may
be specified in the order, such information in his possession relating to such property as may be so
specified.
Section 28C Eviction from requisitioned premises
(1) Any person remaining in possession of any requisitioned premises in contravention of any order made
under Section 28 may be summarily evicted from the premises by any officer empowered by the
Government in this behalf.
(2) Any officer so empowered may, after giving to any woman not appearing in public, reasonable warning
and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any
other act necessary for effecting such eviction.
Section 28D Penalty for contravention of any order regarding requisitioning
If any person contravenes any order made under Section 28 or Section 28-B, he shall be punishable with
imprisonment for a term which may extend to one year or with fine or with both,
Section 28E Voting machines at elections
Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of
votes by voting machines in such manner as may be prescribed, may be adopted in such ward or wards as
the State Election Commission may, having regard to the circumstances of each case, specify.
Explanation :-For the purpose of this section, 'voting machine' means any machine or apparatus whether
operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box
or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as
including a reference to such voting machine wherever such voting machine is used at any election.
Section 29 Appointment of Commissioner
(1) The Government shall appoint a Commissioner for a municipality who shall be the executive authority
of that municipality.
Provided that person holding office as Commissioner or Executive Officer, as the case may be, of a
municipality immediately before the commencement of this Act, shall be, deemed to have been appointed
by the Government as Commissioner under this sub-section.
(2) In the case of any municipality where it is considered mnecessary to do so, the Government may also
appoint a Deputy Commissioner to assist the Commissioner.
(3) The classification and methods, recruitment, conditions of service including pay, allowances and
disciplinary conduct of the officers appointed under sub-sections (1) and (2) shall be subject to the rules
made under Section 72:
Provided that the conditions of service, including pay and allowances of a person holding office as
Commissioner or Executive Officer, as the case may be, of a municipality immediately before the
commencement of this Act shall not be varied to his disadvantage.
(4) The Government shall pay, out of the Consolidated Fund of the State, the salaries, allowances, leave
allowances, pension and contributions, if any, towards the provident fund, or provident-cum-pension fund
of the officers appointed under Sub-section (1) or sub-section (2), as the case may be.
(5) The withdrawal of any officer appointed under Sub-section (1) or Sub-section (2) from any
municipality shall be governed by the provisions of Sub-section (2) of Section 72.
CHAPTER 3 Powers and Functions of the Municipal Authorities
Section 30 Vesting of municipal administration in the council
Subject to the provisions of this Act, the municipal administration shall vest in the Council, and for this
purpose the council shall exercise such powers and perform such functions as may be conferred upon it by
or under this Act:
Provided that the council shall not be entitled to exercise the powers or to perform the functions which are
expressly assigned by or under this Act or any other law to the Chairperson or the Commissioner.
Section 31 Council's power to call for records
The council may, at any time, require the Chairperson to produce any document which is in his custody.
The Chairperson shall comply with every such requisition unless in his opinion compliance therewith
would be prejudicial to the interests of the council or of the public, in which case he shall make a
declaration in writing to that effect.
Section 31A Appointment of Committees
(1) A Council may constitute committees or may appoint individual members to enquire into and report or
advise on any matters which it may refer to them and such committees or individuals shall have power to
call for such records as are deemed necessary for examining the matters referred to them. In particular the
council may constitute committees consisting of the Chairperson, the Commissioner and not less than three
but not more than seven members, chosen in this behalf by the council from among its elected members in
respect of matters pertaining to formulation review and general superintendence of development
programmes relating to education, health, sanitation, water supply, drainage and welfare of the Scheduled
Castes, Scheduled Tribes, Backward Classes, Women and children.
(2) It shall be lawful for the council, from time to time, by a resolution supported by not less than one-half
of the sanctioned strength of the council to appoint as members of any committee any persons who are not
members but who may in the opinion of such council possess special qualifications for serving on such
committee. But the number of persons so appointed on any committee shall not exceed one-third of the
total number of members of such committee. All the provisions of this Act relating to the powers, duties,
liabilities and disqualifications and disabilities of members shall, save as regards the disqualification on the
ground of residence, be applicable, so far as may be, to such persons.
(3) The term of the members of the committees constituted under sub-section (1) and of those constituted
under Sections 43 and 74 shall be one year, and the retiring members shall be eligible for re-appointment or
reelection as the case may be to such committees.
Section 32 Rules and Regulations for proceedings of Council
The council shall observe the rules in Schedule I and may make regulations not inconsistent therewith or
with other provisions of this Act or any rules made by the Government in regard to the following matters,
namely:-
(a) the time and place of its meetings;
(b) the manner in which notice thereof shall be given;
(c) the preservation of order and the conduct of proceedings at meetings, and the powers which the
Chairperson may exercise for the purpose of enforcing his decisions on points of order;
(d) the transaction of business by any committee constituted under Section 31-A;
(e) the persons by whom receipts may be granted for money paid to the council; and
(f) all other similar matters.
Section 33 Acts of council etc., not to be invalidated by defect in constitution, vacancy etc
No act of a council or of any person acting as the Chairperson, Vice-Chairperson, or member shall be
deemed to be invalid by reason only of a defect in the constitution of the municipality on the ground that
the Chairperson, Vice-Chairperson or the member was not entitled to hold or continue in such office by
reason of any disqualification or by reason of any irregularity or illegality in his election or by reason of
such act having been done during the period of any vacancy in the office of the Chairperson, Vice-
Chairperson or member.
Section 34 Council to submit annual administration report to Government and to furnish
information relating to its plan schemes to Zilla Parishad
(1) As soon as may be after the first day of April, in every year, and not later than such date as may be
fixed by the Government through the District Collector a report on the administration of the municipality
during the preceding year in such form and with such details as the Government may direct. If the District
Collector makes any remarks on the report, such remarks shall be forwarded to the council and the council
shall be entitled, within such time as the Government may fix, to offer or make such explanations or
observations as the council thinks fit.
(2) The Commissioner shall prepare the report and submit it to the council. The council shall consider the
report and forward it to the Government with its resolution thereon, if any.
(3) The report and the resolutions thereon, if any, shall be published in the manner as the council, subject to
the approval of the Government, may direct.
(4) The council shall furnish to the Zilla Parishad concerned such information relating to the plan schemes
of the municipality as may, from time to time, be required by the Zilla Parishad.
Section 35 Vesting of public streets and appurtenances in the council
(1) All public streets in any municipaity with the pavements, stones and other materials thereof and all
works, materials and other things provided for such streets, all sewers, drains, drainage works, tunnels and
culverts, whether made at the cost of the municipal fund or otherwise, in, along-side or under any street,
whether public or private, and all works, materials and things appertaining thereto shall vest in the council.
(2) The Government may, after consultation with the council, by notification in the Andhra Pradesh
Gazette, withdraw any such street, sewer, drain, drainage work, tunnel or culvert from the control of the
council.
Section 36 Duty of council in respect of public streets withdrawn from its control
Where any public street has ben withdrawn from the control of a council under sub-section (2) of Section
35 and placed under the control of the Highways Department of the Government, it shall be the duty of the
Council to provide, at the cost of the municipal funds, to such extent as the Government may by general or
special order direct:-
(a) for the lighting, watering, scavenging, and drainage of such street;
(b) for the provision, maintenance and repair of the water-supply mains, drains and sewers in, along-side or
under such street;
(c) for the provision, maintenance and repair of footways attached to such street:
Provided that where, in the discharge of such duties, it is necessary for the council to open and break up the
soil or pavement of any such street, the council shall obtain the previous consent of such officer of the
Highways Department as the Government may, by general or special order, specify;
Provided further that in cases of emergency the council may, without such consent, open and break up the
soil or pavement of any such street, but shall, as far as practicable, restore such soil or pavement to the
condition in which it was immediately before it was opened and broken up and a report of the action so
taken and the reasons therefor shall be sent forthwith to the officer specified under the foregoing proviso.
Section 37 Vacant lands belonging to Government situtated in the municipality to be in the
possession or under the control of the council
(1) On and from the date of the commencement of this Act, all vacant lands belonging to or under the
control of the Government situated within the local limits of a municipality shall, subject to the provisions
of Sub-section (2) and (3) and to such conditions as may be prescribed, be deemed to be in the possession
or under the control of the council concerned for purposes of this Act.
Explanation:- For the purpose of this section "vacant land" includes a poramboke, donka or kunta.
(2) The council shall keep all such vacant lands free from encumbrances and shall restore the possession or
control of any such land to the Government free of cost whenever it is required by the Government for their
use for any public purpose or for purpose of alienation to any person or local authority.
(3) The council shall not
(a) construct or permit the construction of any building or other structure on any such vacant land:
(b) use or permit the use of such vacant land for any permanent purpose;
(c) alienate such vacant land to any third party, unless the prior permission of the Government is obtained
by the council therefor, after furnishing such information as the Government may require, including the
usefulness of the land or any housing scheme;
Section 38 Collected sewage, etc., to belong to council
All rubbish and filth and other matter collected by or on behalf of a council under this Act shall belong to
the Council.
Section 39 Power of Board of Revenue to transfer control of endowments to council
(1) Subject to the control of the Government, the Board of Revenue may, by notification in the
A.P.Gazette, with the consent of a council, make over to the council the management and superintendence
of any Charitable Endowment in respect of which powers and duties attached to the Board of Revenue
under the provisions of the Andhra Pradesh (Andhra Area) Endowments and Escheats Regulation, 1817 or
any other law similar thereto for the time being in force, and thereupon all powers and duties which attach
to the Board of Revenue in respect thereof shall attach to the council as if it had been specially named in
the said Regulation or law, and the council shall manage and superintend such endowment.
(2) The Board of Revenue may, of its own motion and shall on a direcion from the Government, and after
consultation with the council, by notification in the Andhra Pradesh Gazette, resume the management and
superintendence of any endowment made over to a council under sub-section (1), and upon such
resumption, all the powes and duties attaching to the council in respect of the endowment shall cease and
determine.
Section 40 Acceptance of donations, endowment or trust by the council
The council may accept any donations, endowment or trust for the furtherance of any purpose for which the
municipal fund may be appiled.
Section 41 Subjects not provided for by this Act
The Government may, subject to such conditions as they may deem fit to impose and with the consent of
council, transfer to the council the management of any institution or the execution of any work not
provided for by this Act, and it shall thereupon be lawful for the council to undertake such management or
execution:
Provided that in every such case, the funds required for such management or execution, shall be placed at
the disposal of the council by the Government.
Section 42 Procedure for acquisition of immovable property under the Land Acquisition Act, 1894
(1) Any immovable property which any municipal authority authorised by this Act to acquire may be
acquired under the provisions of the Land Acquisition Act 1894, (Central Act 1 of 1894), and, on payment
of the compensation awarded under the said Act in respect of such property and of any other charges
incurred in acquiring it, the said property shall vest in council.
(2) where a municipal authority proposes to acquire any immovable property otherwise than under the
provisions of Land Acquisition Act, 1894, it shall obtain the previous approval of the District Collector
therefor. While according his aproval, the District Collector shall determine the value at which the property
is to be acquired and every such acquisition shall be subject to the previous sanction of the Government.
Section 43 Authority to contract and contractual power of persons appointed by Government
(1) The power of making, on behalf of the council, any contract where of the value or amount does not
exceed the monetary limits specified in column (2) of the Table below, shall be exercised by the authority
specified in column (3) thereof.
(2) The power of making every contract whereof the value or amount exceeds the monetary limits
mentioned in Sub-section (1) shall be exercised by the council concerned).
(3) Notwithstanding anything in the foregoing sub-sections, any person appointed by the Government to
carry any work into execution on behalf of a council may, subject to such control as the Government may
prescribe, make such contracts as are necessary for the purpose of carrying such work into execution to the
extent of the sum provided for such work; and the council shall pay to the person so appointed such sums
as may be required for the said purpose to the extent aforesaid.
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Section 44 Rules regarding the conditions on which contracts may be made
The power conferred by Section 43 to make or sanction contracts shall be subject to such rules as may be
prescribed in regard to the conditions on which, and the mode in which contracts may be made or
sanctioned by or on behalf of the council.
Section 45 Mode of executing contracts
(1) Every contract made by or on behalf of, a council whereof the value or amount exceeds one thousand
rupees shall be in writing and, except in the case of contracts made under the provisions of Sub-section (3)
of Section 43, shall be signed by the Commissioner.
(2) A contract executed or made otherwise than in conformity with the provisions of this section or of
Section 43 and of the rules referred to in Section 44 shall not be binding on the council.
Section 46 Power of Council to pass motion of no confidence in .................... Vice-Chairperson
(1) A motion expressing want of confidence in the Vice-Chairperson may be made in accordance with the
procedure laid down in the following sub-sections.
(2) A written notice of intention to make the motion, in such form as may be specified by the Government,
signed by such number of members, chairperson and the Ex-officio members as shall constitute not less
than one half of the sanctioned strength of the councils, together with a copy of the proposed motion, shall
be delivered in person by any two of the elected members signing the notice to the Distirct Collector in the
case of special or selection grade municipality, or to the Revenue Divisional Officer in the case of any
other municipality.
Explanation:- For the removal of doubts, it is hereby declared that for the purpose of this section the
expression sanctioned strength of the council' shall mean the total number of members including the ex-
officio members.
(3) The District Collector or the Revenue Divisional Officer as the case may be, shall then convene a
meeting for the consideration of the motion at municipal office on the date appointed by him which shall
not be later than thirty days from the date on which the notice under Sub-section (2) was delivered to him.
He shall give to the members, chairperson and the Ex-officio members notice of less than fifteen clear days
of such meeting.
Explanation:- In computing the period of thirty days specified in this sub-section, the period during which a
stay order, if any, issued by a competent court on a petition filed against a notice under sub-section (2) is in
force shall be excluded.
(4) The District Collector or the Revenue Divisional Officer as the case may be, shall preside at such
meeting. If within half an hour after the time appointed for the meeting, the District Collector or Revenue
Divisional Officer as the case may be, is not present to preside at the meeting, the meeting shall stand
adjourned to a date to be appointed by him under sub-section (5).
(5) If the District Collector or the Revenue Divisional Officer, as the case may be, is unable to preside at
the meeting due to the circumstances beyond his control he may, after recording his reasons in writing,
adjourn the meeting to such other date as he may appoint. The date so appointed by him shall not be later
than fifteen days from the date fixed for the meeting under sub-section (3). Notice of not less than three
clear days shall be given by him to the members members, chairperson and the Ex-officio members of the
adjourned meeting.
(6) Save as provided in sub-sections (4) and (5), a meeting convened for the purpose of considering a
motion under this section shall not, for any reason, be adjourned.
(7) As soon as the meeting convened under this section commences, the District Collector or the Revenue
Divisional Officer as the case may be, shall read to the council the motion for the consideration of which
the meeting has been convened, and declare it to be open for debate.
(8) No debate of any motion under this section shall be adjourned.
(9) Such debate shall automatically terminate on the expiration of two hours from the time appointed for
the commencement of the meeting if it is not concluded earlier. On the conclusion of the debate or on the
expiration of the said period of two hours, whichever is earlier, the motion shall be put to vote.
(10) The District Collector or the Revenue Divisional Officer as the case may be, shall not speak on the
merits of the motion and he shall not be entitled to vote thereon.
(11) A copy of the minutes of the meeting together with a copy of the motion and the result of the voting
thereon shall be forwarded immediately on the termination of the meeting by the District Collector or the
Revenue Divisional Officer as the case may be, to the Government.
(12) If the motion is carried with the support of majority of the strength of the members including the ex-
officio members as on the date of the meeting, the District Collector or the Revenue Divisional Officer as
the case may be, shall forthwith publish the result in the notice board at the municipal office and on such
publication the Vice-Chairperson, shall be deemed to have been removed with immediate effect. Any such
result be final and shall not be questioned in any court of law.
(13) If the motion is not carried by such a majority as aforesaid, or if the meeting could not be held for
want of a quorum, no notice of any subsequent motion expressing want of confidence in the same Vice-
Chairperson shall be made until after the expiration of one year from the date of the meeting.
(14) No notice of a motion under this section shall be made within one year of the assumption of office by
a Vice-Chairperson.
Section 47 Powers and functions of the Chairperson
(1) The Chairperson shall
(a) make arrangements for the election of the Vice-Chairperson;
(b) convene the meeting of the council;
(c) refer any resolution of the council for its re-consideration which, in his opinion is in excess of the
powers of the council or inconsistent with any law; and
(d) exercise all the powers and perform all the functions specifically conferred or imposed on the
Chairperson by this Act.
(2) All official correspondence between the council and the Government or the Heads of the Departments
shall be conducted in the name of the Chairperson.
Section 48 Power of Chairperson to incur contingent expenditure
(1) The Chairperson may incur in each case contingent expenditure incidental to the municipal
administration--
(i) in the case of third grade or second grade municipality, not exceeding one thousand and five hundred
rupees.
(ii) in the case of first grade or special grade or selection grade municipality, not exceeding three thousand
rupees.
(2) He shall report the expenditure so incurred and the reasons therefor to the council at its next meeting;
Provided that no such expenditure shall be incurred if there is no provision available to meet the
expenditure under the relevant head of acocunt in the budget framed by the council with the modifications,
if any, made by the Government or where such expenditure was expressly prohibited by the council.
Section 49 Emergency powers of the Chairperson
The Chairperson may, in cases of emergency, direct the execution of any work or the doing of any act
which would ordinarily require the sanction of the council and the immediate execution or doing of which
is, in his opinion, necessary for the service or safety of the public and may direct that the expense of
executing such work or doing such act shall be paid from the municipal fund;
Provided that-
(a) he shall not act under this Section in contravention of any resolution of the council prohibiting the
execution of any particular act; and
(b) he shall report the action taken under this Section and the reasons therefor to the council at its next
meeting;
Section 50 Delegation and devolution of functions of Chairperson
(1) The Chairperson may, by an order in writing, delegate any of his functions to the Vice-Chairperson and
any of his administrative functions to the Commissioner;
Provided that he shall not delegate any functions which the council expressly forbids him to delegate.
(2) If the Chairperson has been continuously absent from jurisdiction for more than ten days or
incapacitated for more than ten days, his functions shall, during such absence or incapacity, devolve on the
Vice-Chairperson.
Provided that where the absence from jurisdiction of the Chairperson is within the State of Andhra Pradesh,
and is on business connected with the municipality, the Chairperson's functions shall not, except to the
extent, if any, to which functions have been delegated by him under sub-section (1), devolve on the Vice-
Chairperson.
(3) If the Vice-Chairperson has been continuously absent from jurisdiction for more than ten days or is
incapacitated for more than ten days or if the office of Vice-Chairperson is vacant the Chairperson may by
an order in writing, delegate any of his functions to any elected member;
Provided that -
(i) when an order of delegation made under this sub-section is in force, no further order of delegation of
any functions shall be made in favour of any member other than the member in whose favour the order in
force was made;
(ii) no delegation under this sub-section shall, without the special sanction of the council, be made for any
period exceeding in the aggregate ninety days in any year; and
(iii) every order made under this sub-section shall be communicated forthwith to the council and the
Regional Director.
(4) The exercise of powers or performance of any functions delegated under sub-sections (1) and (3) shall
be subject to such restrictions, limitations and conditions, if any, as may be laid down by the Chairperson
and shall also be subject to his control and revision. The Chairperson shall also have power to control and
revise the exrcise of powers or performance of any function devolving on the Vice-Chairperson under sub-
section (2).
Section 51 Presidency of council and Chairperson
(1)
(a) Every meeting of the council shall be presided over by the Chairperson; in his absence by the Vice-
Chairperson and in the absence of both the Chairperson and the Vice-Chairperson by a member included in
the panel of temporary chairmen prepared in the manner specified in clause (b). Where no such temporary
Chairperson is also present and if there is quorum, one of its members may be chosen by the meeting to
preside for the occasion.
(b) At the first meeting in every year, of the council, the Chairperson may nominate from amongst the
elected members a panel of not more than four temporary chairmen, any one of whom may preside at any
meeting of the council in the absence of the Chairperson and the Vice-Chairperson in the order in which
they are nominated in the panel. The panel of temporary chairmen so nominated shall remain in force until
a new panel of temporary chairmen is nominated.
(2) The Chairperson shall preserve order and shall decide all points of order arising at or in connection with
meetings. There shall be no discussion on any point of order and the decision of the Chairperson on any
point of order shall, save as otherwise expressly provided in this Act, be final.
(3)
(a) Where the conduct of a member is in the opinion of the Chairperson disorderly, he may direct that such
member shall withdraw from the meeting of the council and such member shall thereupon withdraw and
shall not be allowed to attend for the remainder of the day's meeting.
(b) If any member who has been ordered to withdraw, continues to remain in the meeting, the Chairperson
may take steps to cause him to be removed.
(4) The Chairperson may, in the case of grave disorder arising in any meeting, suspend the meting for a
period not exceeding three days.
Explanation:- Chairperson in this section and Section 52 includes the Vice-Chairperson, temporary
Chairperson or member presiding for the occasion.
(5)
(a) The Chairperson may, if he deems it necessary, name a member who disregards the authority of the
chair or abuses the rules, bye-laws or regulations of the council by persistently and wilfully obstructing the
busines thereof.
(b) If a member is so named by the Chairperson, the Chairperson shall at a meeting of the council forthwith
put the question that the member (naming him) be suspended from functioning in the council as such for a
period not exceeding three consecutive months reckoned from the date of that meeting. Provided that the
council may, at any time resolve that such suspension be terminated.
(c) A member suspended under this sub-section shall forthwith withdraw from the precincts of the council.
Section 52 Member when to abstain from taking part in discussion and voting
(1) No member shall vote on, or take part in discussion of any question coming up for consideration at a
meeting of the council, if the question is one in which, apart form its general application to the public, he
has personal interest or he or his partner has any direct or indirect pecuniary interest.
(2) The Chairperson may prohibit any member from voting or taking part in the discussion of any matter in
which he, for reasons to be recorded in writing, believes such member to have such interest, or he may
require such member to absent himself during the discussion.
(3) Such member may challenge the decision of the Chairperson who shall, thereupon, put the question to
the meeting and the decision of the meeting shall be final.
(4) If any member present at the meeting believes that the Chairperson has any such personal or pecuniary
interest in any matter under discussion, the Chairperson shall, if a motion to that effect be carried, absent
himself from the meeting during discussion.
(5) The member concerned shall not be entitled to vote on the question refereed to in sub-section (3) and
the Chairperson concerned shall not be entitled to vote on the motion referred to in sub-section (4).
Section 53 Duties and powers of individual members
(1) Any member may call the attention of the Chairperson to any neglect in the execution of municipal
work, to any waste of municipal property or to the wants of any locality and may suggest any
improvements which may appear desirable.
(2) Every member shall have the right to move resolutions and to interpellate the Chairperson on matters
connected with municipal administration subject to such rules as may be made by the Government in this
behalf.
(3) Every member shall have access during office hours to the records of the municipality after giving a
reasonable notice to the Chairperson:
Provided that the member shall not have access to such records of the municipality as are classified as
confidential or secret by the rules made by the Government in this behalf.
Section 54 Payment of honorarium and conveyance allowance to Chairperson and conveyance
allowance to members
For any municipality, the Government may, after consultation with the council sanction out of the
municipal fund, payment of honorarium and conveyance allowance to the Chairperson or the Vice-
Chairperson on whom the functions of the Chairperson devolve under sub- section (2) of Section 50, as the
case may be, and conveyance allowance to every member, at such rates as may be prescribed,
Provided that the conveyance allowance shall be payable to the Chairperson or Vice-Chairperson, as the
case may be, in case he maintains and uses a motor car.
Section 55 Resignation of member, .........................., Vice-Chairperson or Chairperson
Any member, ................. the Vice-Chairperson or the Chairperson may, by writing under his hand
addressed to the Commissioner resign his office. The Commissioner shall, on receipt of such resignation,
place it before the next meeting of the council. The council shall, if it is satisfied as to its genuineness from
the concerned person, accept the resignation; and the resignation so accepted shall take effect from the date
of such acceptance. If the council is not satisfied as to the genuineness of the resignation, the notice of
resignation shall lapse. Before the resignation is so accepted, it shall be open to the person concerned to
withdraw such resignation by writing under his hand addressed to the Commissioner. (c) Commissioner
Section 56 Powers and functions of the Commissioner
(1) The Commissioner shall, save as otherwise provided in this Act,
(a) carry into effect all the resolutions of the council;
(b) furnish to the council such periodical reports regarding the progress made in carrying out the resolutions
of the council;
(c) subject to all other restrictions, limitations and conditions hereinafter imposed, exercise the executive
power for the purpose of carrying out the provisions of this Act, and be directly responsible for the due
fulfillment of the purposes of this Act;
(cc) exercise diciplinary control over the employees of the Municipal Council, who shall be subordinate to
the Commissioner;
(d) exercise all powers in relation to the collection of taxes and fees, the licences and the removal of
encroachments;
(e) be in charge of the office of the municipality and have custody of the municipal records;
(f) inspect the places of entertainment for the purposes of verification of the sale of tickets; and
(g) exercise all the powers and perform all the functions specifically conferred or imposed on the
Commissioner by or under this Act.
(2) The Commissioner may, for the purpose of performing his functions imposed by or under this Act,
requisition the services of any of the officers and other employees of the municipality and the vehicles of
the municipality under their control and the said officers or other employees shall comply with such
requisition.
(3) Subject to any directions given, or restrictions imposed by the Government or the council, the
Commissioner may, by order in writing, delegate any of his powers or functions to any officer or other
employee of the council or to any employee of the Government. The exercise of any power or the
performance of any function so delegated shall be subject to such restrictions, limitations and conditions as
may be laid down by the Commissioner and shall be subject to his control and revision.
(4) The Commissioner shall, save as otherwise provided in the rules relating to discipline and conduct, be
under such administrative control of the Chairperson, as may be prescribed.
(5) (a) The Commissioner may incur in each case contingent expenditure incidental to the municipal
administration,
(i) in the case of a third grade or second grade municipality not exceeding one thousand rupees;
(ii) in the case of first grade municipality, not exceeding fifteen hundred rupees.
(iii) in the case of a special grade or a selection grade municipality, not exceeding two thousand rupees.
(b) He shall report the expenditure so incurred and the reasons therefor to the council at its next meeting.
Provided that no such expenditure shall be incurred if there is no provision available to meet the
expenditure under the relevant head of account in the budget framed by the council with the modifications,
if any, made by the Government or where such expenditure was expressly prohibited by the council.
Section 57 Section
xxxxx
Section 58 Commissioner to attend the meetings of the council and its committees
The Commissioner shall attend the meetings of the council, and where he is required to do so by the
Chairperson, of any of its committees. He shall have the right to speak, and otherwise to take part, in the
meetings of the council and of any of its comittees but shall not be entitled to move any resolution, or to
vote, at any such meeting.
CHAPTER 4 Controlling Authorities and their powers
Section 59 Government's power to cancel or suspend resolutions etc
(1) The Government may, either suo motu or on representation of any member, the Chairperson or the
Commissioner by order in writing
(i) cancel any resolution passed, order issued, or licence or permission granted; or
(ii) prohibit the doing of any act which is about to be done or is being done, in pursuance or under colour of
this Act, if in their opinion--
(a) such resolution, order, licence, permission or act has not been passed, isused, granted or authorised in
accordance with law; or
(b) such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or any
other enactment; or
(c) the execution of such resolution, or order, the continuance in force of such licence or permission or the
doing of such act is likely to cause financial loss to municipality, danger to human life, health or safety or is
likely to lead to a riot or breach of peace or is against public interest.
Provided that the Government shall, before taking action under this section on any of the grounds referred
to in clauses (a) and (b), give the authority or person concerned an opportunity for explanation;
Provided further that nothing in this sub-section shall enable the Government to set aside any election
which has been held.
(2) If, if the opinion of the Government, immediate action is necessary on any of the grounds referred to in
clause (c) of sub-section (1), they may suspend the resolution, order, licence, permission or act, as the case
may be, for such period as they think fit pending the exercise of the powers under sub-section (1).
Section 59A Government's power to suspend Chairperson or Vice-Chairperson or Member
(1) The Government may, either suo motu or on a representation of a Chairperson or Vice-Chairperson or
Member or Commissioner or employee of a Municipal Council, by notification in the Andhra Pradesh
Gazette, suspend any Chairperson or Vice-Chairperson or Member who, in their opinion, wilfully
misbehaved or manhandled any other Member or Officer or employee of the Council or destroyed the
property of the Council or used unparliamentary language or abused his position in the course of meetings
of the Council or during the discharge of any duty vesting upon any Chairperson or Vice-Chairperson or
Member or Officer or employee, so as to lead to a situation in which the Municipal Administration cannot
be carried on in accordance with the provisions of this Act or the financial stability of the Council is
threatened.
(2) The Government shall, before taking action under sub-section (1) give the Chairperson or Vice-
Chairperson or Member concerned an opportunity for explanation, and the notification issued under the
said sub-section shall contain a statement of the reasons for the action taken by the Government.
(3) The Government may, suo motu, or on an application made by the Chairperson or Vice-Chairperson or
Member revoke the order of suspension issued under sub-section (1).
Section 60 Government's power to remove Chairperson or Vice-Chairperson
(1) The Government may, by notification in the Andhra Pradesh Gazette, remove any Chairperson or Vice-
Chairperson who, in their opinion wilfully omits or refuses to carry out or disobeys the provisions of the
Act or any rules, bye-laws, regulations or lawful orders issued thereunder or abuses his position or the
powers vested in him.
(2) The Government shall, when they propose to remove a Chairperson or Vice-Chairperson under sub-
section (1), give the Chairperson or Vice-Chairperson concerned an opportunity for explanation, and the
notification issued under the said sub-section shall contain a statement of the reasons of the Government for
the action taken.
(3) Any person removed under sub-section (1) from the office of Chairperson or from the office of Vice-
Chairperson shall not be eligible for election to either of the said offices until the date on which notice of
the next ordinary elections to the council is published in the prescribed manner.
Section 61 Section
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Section 62 Government's power to dissolve the council
(1) If, in the opinion of the Government, a council is not competent to perform, or persistently makes
default in performing, the duties imposed on it by or under this Act or any other law for the time being in
force or exceeds or abuses its position or powers or a situation exists in which the municipal administration
cannot be carried on in accordance with the provisions of this Act or the financial stability or credit of the
council is threatened, the Government may, by notification in the Andhra Pradesh Gazette, direct that the
council be dissolved with effect from a specified date and reconstituted either immediately or with effect
from another specified date not later than six months from the date of dissolution; and the notification shall
be laid before both Houses of the State Legislature.
(2) x x x
(3) For purposes of reconstitution of dissolved council under this section, the vacancies in the office of all
the elected members shall be deemed to be casual vacancies.
(4) Before publishing a notification under sub-section (1), the Government shall communicate to the
council concerned the grounds on which they propose to do so, fix a reasonable period for the council to
show cause against the proposal and consider its explanations or objections, if any: and the Chairperson of
the Municipality concerned shall also be given a reasonable opportunity of being heard;
..................
(5) On the date fixed for the dissolution of the council under sub-section (1), all its members including ex-
officio members as well as its Chairperson, and Vice-Chairperson shall forthwith be deemed to have
vacated their offices as such.
(6) During the interval between the dissolution and the reconstitution of the council, all or any of the
powers and functions of the council and of its Chairperson and Wards Committees and of the Committees
referred to in Section 43 and 47 may be exercised and performed, as far as may be, and to such extent as
the Government may determine, be such person as the Government may appoint in that behalf, and any
person who is not a District Collector or Revenue Divisional Officer may, if the Government so directs,
receive payment for his services from the municipal fund; the Government may determine the relations of
such person with the District Controlling Officers and with themselves and the Government may direct the
Commissioner to exercise and perform any powers and duties under this Act in addition to his own.
(7) The members including the ex-officio members of the reconstituted Council shall enter upon their
office on the date fixed for its reconstitution and the term of office of the elected members shall continue
only for the reminder of the period for which the dissolved Municipality would have continued had it not
been dissolved.
(8) The Government may reconstitute the council before expiry of the period notified under sub-section (1)
or sub-section (2).
Provided that where the reminder of the period for which the dissolved Municipality would have continued
is less than six months, it shall not be necessary to hold any elections under this clause for constituting the
Municipality for such period.
(9) When a council is dissolved under this section, the Government, until the date of the reconstitution
thereof, and the reconstituted council thereafter, shall be entitled to all the assets and be subject to all the
liabilities of the council as on the date of the dissolution and on the date of the reconstitution respectively.
Section 62A Appointment of Special Officer
(1) Notwithstanding anything contained in this Act, where in the opinion of the Government it is not
possible to hold the elections to the municipalities in accordance with the provisions of this Act, before the
date of expiration of the term, and to bring the newly elected members into office on the date of expiration
of the term as aforesaid ................ the Government may, by notification appoint a Speical Officer to
exercise the powers, perform the duties and discharge the functions of--
(a) the Council;
(b) the Chairperson; and
(c) the Commissioner;
Provided that the Government may, from time to time, by notification in the Andhra Pradesh Gazette and
for reasons specified therein extend the said period of appointment of Special Officier beyond six years for
a further period or periods, so however the period of appointment of the special officer shall not, in the
aggregate exceed ten years or till the newly elected councils assume office which ever is earlier.
(2) The Government shall cause elections to be held to the municipality under the Principal Act, so that the
newly elected members may came into office on such date as may be specified by the Government in this
behalf by a notification, in the Andhra Pradesh Gazette:
Provided that the Government may, from time to time, advance or postpone the date specified under this
sub-section and fix instead another date;
Provided further that the date fixed under this sub-section shall be the date on which the appointment of the
Special Officer, expires.
(3) The Special Officer shall exercise the powers, perform the duties and discharge the functions of the
council until the elected members come into office, of the Chairperson until a Chairperson is elected, and
of the Commissioner until a Commissioner is appointed by the Government and the committees referred to
in Sections 43 and 74 until such committees are constituted, as the case may be and any such officer may, if
the Government so direct, receive remuneration for his service from the municipal fund.
Section 63 Government's power to appoint officers to supervise municipalities
(1) The Government may appoint a Director of Municipal Administration and such number of Deputy
Directors, Regional Directors and other officers as may be required for the purpose of inspecting or
superintending the operations of all or any of the councils established under this Act.
(2) All schools, hospitals, dispensaries, vaccine stations, choultries and other institutions mentioned by any
council and all documents relating thereto shall, at all times, be open to the inspection of such officers as
the Government may appoint in that behalf.
(3) Municipal authorities and municipal officers and servants shall be bound to afford to inspecting or
superintending officers appointed under this section such access at all reasonable times to municipal
property or premises, and to all documents which, subject to any rules made in this behalf, the inspecting or
superintending officers may consider to be necessary to enable them to discharge their duties of inspection
or superintendence.
Section 64 Government's power to take action in certain cases
(1) If, at any time, it appears to the Government that a council, Chairperson, Vice-Chairperson
Commissioner has made any default in performing any duty imposed by or under this Act or any other
enactment for the time being in force, they may, by order in writing, fix a period for the performance of
such duty.
(2) If such duty is not performed within the period so fixed, the Government may appoint some person to
perform it, and may direct that the expense of performing it shall be paid, within such time as they may fix,
to such person by the council.
(3) If the expenses which the Government have directed under sub-section (2) to be paid from the
municipal fund are not so paid, the District Collector, with the previous sanction of the Government, shall
make an order directing the Commissioner to pay it in priority to any other charges against such fund
except establishment charges and charges for the service of authorised loans.
(4) The Commissioner shall, so far as the funds to the credit of the council permit, be bound to comply with
such order.
Section 65 Government's powers to undertake work for municipality
(1) The Government may, with the consent of council, undertake on its behalf the construction of water
supply, drainage or other works, appoint persons to carry out construction of such works and direct that the
expenses including the pay of such persons be paid from the municipal fund and thereafter the provisions
of Sub-sections (3) and (4) of Section 64 shall apply.
(2) The Government may, after consultation with the council, constitute planning committees for any
municipality, consisting of such members as may be appointed by them, for the purpose of preparing plans
in respect of such developmental works as may be approved by the Government for execution within the
municipality; and the council shall undertake all such works. The expenses incurred towards the planning
committees, the preparation of plans and the execution of developmental works under this section shall
bepaid from the municipal fund.
Section 66 District Collector's power to enforce execution of resolutions
(1) If it appears to the District Collector that the Chairperson or Commissioner has made default in carrying
out any resolution of the council, the said Collector shall, after giving the Chairperson or the Commissioner
as the case may be, a reasonable opportunity of explanation, send a report on such resolution together with
the explanation if any received, to the Government and at the same time forward a copy of the same to the
council.
(2) The Government shall, as soon as may be, after the receipt of the report of the Collector under sub-
section (1), consider the same and the explanation, if any, received therewith and, if necessary, take action
under sub-section (2) of Section 64.
Section 67 Power District Collector and Government for purposes of control
(1) The District Collector may enter on and inspect, or cause to be entered on and inspected, any
immovable property or any work in progress under the control of any municipal authority in his district.
(2) The Government or the District Collector may-- (a) call for any document in the possession, or under
the control, of any council or the Chairperson or Commissioner; (b) require any council, the Chairperson or
Commissioner to furnish any return, plan, estimate, statement, account or statistics; (c) require any council,
the Chairperson or Commissioner to furnish any information or report on any municipal matter; (d) record
in writing, for the consideration of the council, the Chairperson or Commissioner, any observations they or
he may think proper in regard to its or his proceedings or duties.
Section 68 Emergency powers of District Collector
(1) The District Collector may, in cases of emergency, direct or provide for the execution of any work or
the doing of any act which the council or the Commissioner is empowered to execute or to do and the
immediate execution or the doing of which is, in his opinion, necessary for the safety of the public and may
direct that the expenses incurred for executing such work or doing such act, as the emergency may require,
shall be paid from the municipal fund.
(2) If the expenses are not so paid, such Collector may make an order directing the person having the
custody of the municipal fund to pay them in priority to any other charge against the fund.
(3) Such person shall, so far as the funds to the credit of the council admit, be bound to comply with such
order.
(4) Every case in which the powers conferred by this section are exercised shall be forthwith reported to the
Government by the District Collector with the reasons in full, for the exercise of such powers; and a copy
of the letter shall at the same time be sent to the council for information.
Section 69 Powers of officers acting for, or in default of, council and liability of municipal fund
When the District Collector or a person appointed by the Government lawfully takes action on behalf, or in
default, of the council or the Commissioner under this Act, he shall have all such powers as are necessary
for the purpose, and shall be entitled to the same protection under this Act as the Municipal Authority
whose powers he is exercising, and compensation shall be recoverable from the municipal fund by any
person suffering a damage from the exercise of such power to the same extent as if the action has been
taken by such municipal authority.
Section 70 Power of District Collector to suspend a resolution, etc.
If in the opinion of the District Collector, immediate action is necessary on any of the grounds referred to in
clause (c) of sub-section (i) of Section 59 he may suspend the resolution, order, licence, permission or act,
as the case may be, and report to the Government who may thereupon either rescind the Collecotr's order
or, after giving the authority or person concerned a reasonable opportunity of explanation, direct that it
shall continue in force with or without modification permanently or for such period as they think fit.
PART 3 Municipal Establishment
Section 71 Appointment of Municipal Health Officer, Municipal Engineer, Education Officer and
Town Planning Officer
(1) For any municipality the Government may sanction a post of Municipal Health Officer, a post of
Municipal Engineer, a post of Education Officer and a post of Town Planning Officer;
Provided that in the case of a municipality which has an annual income of less than three lakhs of rupees
from ordinary receipts, the Government may, without sanctioning the post of a Municipal Health Officer, a
Municipal Engineer, an Education Officer, or a Town Planning Officer, appoint any officer of the Public
Health Department, the Public Works Department, the Education Department or the Town Planning
Department, on such terms as may be specified by the Government to exercise the power and discharge the
functions of a Municipal Health Officer, a Municipal Engineer, an Education Officer, or a Town Planning
Officer, as the case may be:
Provided further that when the officer of the Public Health Department or the Public Works Department
Education Department or the Town Planning Department is appointed to exercise the powers and discharge
the functions under this Act, such of the powers and functions as are exercisable by any authority under this
Act in consultation with the Municipal Health Officer, Municipal Engineer, Education Officer or Town
Planning Officer shall be exercised by such authority after consultation with the concerned officer
appointed under the foregoing proviso.
Provided also that where there is no Municipal Health Officer, Municipal Engineer, Education Officer, or
Town Planning Officer, the Commissioner shall exercise the powers and discharge the functions of such
officer.
(2) Before sanctioning any post under sub-section (1) the Government shall consult the council concerned.
(3) The Municipal Health Officer, Municipal Engineer, Education Officer or Town Planning Officer shall
devote his whole time to the duties of his office and shall not undertake any work unconnected with the
municipality except with the sanction or under the direction of the Government.
(4) All the appointments to posts sanctioned under sub-section (1) shall be made by the Government.
(5) All the officers appointed under sub-section (4) shall, save as otherwise provided in the rules relating to
the discipline and conduct of those officers, be deemed, for all purposes, as officers of the council and
shall, in the exercise of the powers and discharge of the functions under this Act, be subject to such control
and direction of the Commissioner as may be prescribed.
(6) The Government shall pay out of the Consolidated Fund of the State, salaries, allowances, pension and
contribution, if any, towards the provident fund or pension-cum-provident fund of every officer appointed
by the Government under sub-section (4).
Section 72 Government's power to regulate the methods of recruitment, conditions of service, etc.,
Officers appointed under Sections 29 and 71
(1) The Government shall have power-
(a) to make rules to regulate the classification and methods of recruitment, conditions of service, pay and
allowances and disciplinary conduct of the officer appointed under Section 29 or Section 71, as the case
may be;
(b) to recover form the council concerned the whole or such proportion of the salary and allowances paid to
any such officer and such contribution towards his leave allowances, pension or provident-cum-pension
fund of such officer as the Government may, by general or special order, determine.
(2) The Government may, at any time, withdraw any officer appointed under Section 29 or Section 71 and
appoint another in his place, and they shall withdraw such officer if such withdrawal is recommended by a
resolution passed at a special meeting called for the purpose and supported by the votes of not less than
three-fifths of the sanctioned strength of the council.
Provided that no such resolution shall be moved before the expiry of one year from the date of assumption
of charge by such officer.
Section 73 Other officers and employees of council
(1) All proposals for fixing or altering the number, designations and grades of officers other than those
referred to in Section 72 and employees of the council and the salaries, fees and allowances payable to
them shall be placed before the council by the Commissioner for consideration and sanction of the council.
(2) The council may, after consideration of such proposals, sanction them with or without modification;
Provided that no proposal adversely affecting any municipal officer or employee who has been in the
permanent service of the municipality for more than five years and is drawing a salary of not less than fifty
rupees per mensum shall be considered except at a special meeting convened for the purpose and no such
proposal shall be given effect to unless assented to, by atleast one-half of the members then on the council.
(3) Notwithstanding any thing in sub-sections (1) and (2), the Government shall have power to sanction and
fix or alter the number, designations and grades of, and the salaries, fees and allowances payable to, the
officers, and employees of any council or any class of such officers and employees and, it shall not be open
to the council to vary the number, designations, grades, salaries, fees or allowances as so fixed or altered
except with the previous sanction of the Government.
Section 74 Appointment to posts of officers and employees of council sanctioned under Section 73
Subject to any rules including the rule for the representation of Scheduled Castes, Scheduled Tribes and the
socially and educationally backward classes of citizens which the Government may make in this behalf,
and notwithstanding anything in the Andhra Pradesh (Andhra Area) Public Health Act, 1939 or any other
law similar thereto for the time being in force, appointment to posts of officers and employees sanctioned
under Section 73, shall be made by the chair-person:
Provided that an appointment to the post of a Headmaster or Headmistress of a High School maintained by
the council shall be made from a panel prepared by a committee consisting of the Chairperson, the
Commissioner, the District Educational Officer having jurisdiction and not less than three but not more
than seven members chosen in this behalf by the council:
Provided further that appointment to all the other posts except all categories of posts of teachers the pay or
maximum pay of which exceeds rupees one hundred shall be made from a panel prepared by a committee
consisting of the Chair-person, the Commissioner and not less than three but not more than seven members
chosen in this behalf by the council.
Provided also that appointment to all categories of posts of teachers shall be made as per the procedure
prescribed by the Government from time to time.
Section 75 Power of Government to transfer officers and employees of municipalities
(1) Notwithstanding anything in this or any other enactment for the time being in force, the Government
shall have power to transfer any officer or employee of a municipality to the service of any other
municipality or of any other local authority.
(2) The Government shall have power to issue such general or special directions as they may think
necessary for the purpose of giving due effect to transfers made under sub-section (1).
Section 76 Power of council to frame regulations
(1) Subject to the provisions of this Act and the rules which the Government may make in this behalf, the
council may frame regulations in respect of officers and employees of the municipality appointed under
Section 74
(a) fixing the amount and nature of security to be furnished;
(b) prescribing educational or other qualifications;
(c) regulating the grant of leave, leave allowances, acting allowances and travelling allowances;
(d) regulating the grant of pensions and gratuities;
(e) establishing and maintaining provident funds and making contribution thereto compulsory;
(f) regulating conduct; and
(g) generally prescribing conditions of service;
Provided -
(i) that the amount of any leave, leave allowances, travelling allowances, pension or gratuity provided for
in such regulations shall, in no case without the special sanction of the Government, exceed what would be
admissible in the case of Government employees of similar standing and status; and
(ii) that the conditions under which such allowances are granted or any leave, superannuation or retirement
is sanctioned, shall not without similar sanction be more favourable than those for the time being
prescribed for such Government employees.
(2) Until rules and regulations are made under sub-section (1), the rules and regulations which were
applicable to such officers and employees immediately before the commencement of this Act in respect of
the matters specified in that sub-section shall continue to apply to them.
Section 77 Power to punish municipal employees
(1) Subject to the provisions of Sections 79 and 80 and to such control as may be prescribed, the
Commissioner may censure, fine, withhold increment in the time-scale of pay of, withhold promotion from,
suspend or reduce in rank any officer or other employees in the service of the municipality except an
officer appointed under Section 29 or Section 71, or an officer or other employee belonging to a municipal
service for the State constituted under Section 80 for any breach of departmental rule or discipline or for
carelessness, unfitness, neglect of duty or other misconduct after giving opportunity of showing cause
against the penalty proposed.
Provided that a fine shall not be imposed on any officer or other employee unless he is a Bill Collector or is
the holder of such post as may be prescribed.
(2) Subject to such control as may be prescribed, the Chairperson shall have the power to impose penalty of
removal or dismissal on such officer or other employee after giving him a reasonable opportunity of
showing cause against the action proposed to be taken in regard to him.
Provided that he may, in public interest, suspend any such officer or other employee pending action
proposed to be taken in regard to him under this sub-section.
Section 78 Power to grant leave to officers and employees
Subject to the rules made under Section 72 or Section 76 the Commissioner may grant any leave to the
officer and other employees in the service of the municipality.
Section 79 Special provisions regarding Government employees lent to council
(1) The Government may, on the application of any council, place the services of any Government
employee employed in connection with the affairs of the State at the disposal of the council to be employed
by it for the purposes of this Act. The council shall pay any Government employee so employed the salary
he may be entitled to receive under the rules of the branch of Government service to which he belongs, and
shall also make any contribution towards the pension and leave allowances of such employee as may be
required by the conditions of his service under the Government to be paid by him or on his behalf.
(2) If such employee, while employed by the council or if any other employee of the council does any work
for the Government, the Government shall contribute to the municipal funds so much of salary of such
employee as the Government may consider to be an equivalent for such work.
(3) No Government employee employed by a council shall be dismissed or removed from such
employment,
(a) if he is employed as a Medical Officer, without the consent of the Government; and
(b) in any other case, without the consent of the Government or until three month's notice in writing to that
effect shall have been given to the Chief Controlling Authority of the branch of the Government service to
which the Government employee belongs.
(4) No Government employee employed by a councils shall, except in cases of emergency, be withdrawn
from the service of the council without the consent of the council until the Government shall have given
three month's notice in writing to that effect to the council or unless some other Government employee has
been deputed to replace the one withdrawn.
(5) Government employees employed by councils shall be entitled to leave and other privileges in
accordance with the regulations applicable to the general branch of the Government service to which they
belong.
Section 80 Constitution of a municipal service for the State for any class of municipal officers and
employees
(1) Notwithstanding anything in this Act or the rules made thereunder, the Government may, after
consulting all the councils, by notification in the Andhra Pradesh Gazette, constitute any class of officers or
employees of councils into a municipal service for the State.
(2) Upon the issue of a notification under sub-section (1), the Government shall have power to make rules
to regulate the classification, methods of recruitment, conditions of service, pay and allowances and
discipline and conduct of the municipal service thereby constituted and such rules may vest jurisdiction in
relation to such service in the Government or in such other authority or authorities as may be prescribed
therein.
(3) Nothing in this section shall affect the operation of the Andhra Pradesh (Telangana Area) Local
Government service (Declaration as the State Civil Service) Act, 1956 (Act XX of 1956), in so far as it
relates to the municipal officers and municipal employees who are declared to be borne on the State Civil
Service as declared under Section 3 of that Act.
PART 4 PART IV
CHAPTER 1 Taxation
Section 81 Levy of ordinary taxes and the control of Government in respect thereof
(1)
(a) Every council shall, by resolution, levy the following taxes, namely:-
(i) a property tax;
(ii) x x x
(iii) a tax on carriages and carts; and
(iv) a tax on animals.
(b) The council may, by resolution and with the previous sanction of the Government also levy a tax on
advertisements.
(2) Any resolution of a council determining to levy a tax shall specify the rate at which and the date from
which any such tax shall be levied;
Provided that, before passing a resolution imposing a tax for the first time or increasing the rate of an
existing tax, the council shall publish a notice in at least one newspaper published in the main language of
the district having circulation in the municipality, on the notice board of the municipal office and in such
other places within municipal limits as may be specified, by the council and by beat of drum, of its
intention, fix a reasonable period not being less than one month for submission of objections and consider
the objections, if any, received within the period specified.
Provided further that any resolution abolishing an existing tax or reducing the rate at which a tax is levied
shall be immediately reported to the Government; and in municipalities which have an outstanding loan
either from the Government or from the public or from any banking, insurance or financial corporation or
from any other local authority, such abolition or reduction shall not be carried into effect without the
sanction of the Government.
Section 82 Duty on transfers of property
In every municipality, a duty shall be levied on certain transfers of property in accordance with the
provisions hereinafter contained in this Act.
Section 83 Notification of new taxes
When a council determines, subject to the provisions of Section 81, to levy any tax for the first time or at a
new rate, the Commissioner shall forthwith publish a notification in the prescribed manner specifying the
rate at which, the date from which and the period of levy, if any, for which, such tax shall be levied.
Section 84 Saving for certain provisions of the Constitution of India
Nothing in this part of this Act shall authorise a council to levy any tax which the State Legislature has no
power to impose in the State under the Constitution of India:
Provided that a council which immediately before the commencement of the Constitution was lawfully
levying any such tax under any law then in force may continue to levy that tax until provision to the
contrary is made by Parliament by law.
Section 85 Levy of property tax
(1) Where the Council by resolution determines that a property tax shall be levied, such tax shall be levied
on all buildings and lands within the municipal limits save those exempted by or under this Act or any
other law.
The property tax may comprise
(a) a tax for general purposes;
(b) a water and drainage tax to provide for expenses connected with the construction, maintenance, repair,
extension or improvement, of water or drainage works here to before provided or hereafter to be provided;
(c) a lighting tax to provide for expenses connected with the lighting of the municipality by gas or
electricity; and
(d) a scavenging tax to provide for expenses connected with the removal of rubbish, filth or the carcases of
animals from private premises:
Provided that where the water and drainage tax is levied, the council shall declare what proportion of tax is
levied in respect of water-works and the remainder shall be deemed to be levied in respect of drainage
works and the proportion so declared shall also be specified in the notification published under Section 83:
Provided further that the proportion so fixed shall not be altered without the previous sanction of the
Government.
(2) Save as otherwise provided in this Act and subject to the provisions of Sections 81 and 87 and in
accordance with the rules made by the Government in this behalf these taxes shall be levied at such
percentages of the annual rnetal value of lands or buildings or both as may be fixed by the council;
Provided that in the case of lands and buildings vested in the trustees of Port of Visakhapatnam, these taxes
levied in any half-year shall be at one per centum of the annual gross earnings of the Visakhapatnam Port
Trust in the year immediately preceding such levy.
Provided further that the percentage of the property tax fixed under this sub-section shall be such that the
incidence of propety tax together with the education tax and library cess levied under the relevant law, shall
not exceed twenty five percentum of the annual rental value in the case of residential buildings and thirty-
three per centum of the annual rental value in the case of non-residential buildings.
(3)
(a) Save as otherwise provided in clause (b), the council shall, in the case of lands which are not used
exclusively for agricultural purposes and are not occupied by, or adjacent and appurtenant to building, levy
these taxes, at such percentages of the capital value of the lands or at such rates with reference to the extent
of the lands as may be fixed by the council;
Provided that such percentages or rates shall not exceed the maxima, if any, fixed by the Government and
that the capital value of such lands shall be determined in such manner as may be prescribed.
(b) In the case of railway lands which are not used exclusively for agricultural purposes and are not
occupied by or adjacent and appurtenant to, buildings, the council shall levy these taxes at such percentages
of the capital value of such lands, and the Government shall have power to make rules regarding the
manner in which, the person or persons by whom and the intervals at which, the capital value of such lands
shall be determined, and they may also by such rules restrict or modify the application of the provisions
contained in Schedule II to such lands.
(4) The council may, in the case of lands used exclusively for agricultural purposes, levy these taxes at such
proportions of land revenue payable thereon as it may fix with the approval of the Government.
(5) Notwithstanding anything contained in this Act and the rules made thereunder, where a building is
constructed or re-constructed, or some structures are raised unauthorisedly, it shall be competent to the
assessing authority to levy property tax on such building or structure with a penalty of ten percent on the
amount of tax levied till such unauthorised construction is demolished or regularised.
(6) A separate receipt for the penalty levied and collected shall be issued.
Section 86 Levy of property tax on a direction by Government
(1) The Government may, after consultation with the council by order published in the Andhra Pradesh
Gazette, direct any council to levy the property tax referred to in sub-section (1) of Section 81 or any class
of such tax, at such rate and with effect from such date, not being earlier than the first day of the half year
immediately following that in which the order is published, as may be specified in the order.
(2) When an order under sub-section (1) has been published, the provisions of this Act relating to property
tax shall apply as if the council had, on the date of publication of such order, by resolution, determined to
levy the tax at the rate and with effect from the date specified in the order and as if no other resolution of
the council under Section 81 determining the rate at which and the date from which property tax shall be
levied, had taken effect.
(3) A council shall not alter the rate at which the property tax or any class of such tax is levied in pursuance
of an order under sub-section (1) or abolish such tax except with the previous sanction of the Government.
Section 87 Method of assessment of property tax
(1) Every building shall be assessed together with its site and other adjacent premises occupied as an
appurtenance thereto unless the owner of the building is a different person from the owner of such site or
premises.
(2) The annual rental value of lands and buildings shall be deemed to be the gross annual rent at which they
may reasonably be expected to be let from month to month or from year to year with reference to its
location, type of construction, plinth area, age of the building, nature of use to which it is put and such
other criteria as may be prescribed.
(3) Notwithstanding anything in the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act,
1960, the gross annual rent at which the lands and buildings might reasonably be expected to be let from
month to month or from year to year, shall be determined by the Commissioner, with reference to its
location, type of construction, plinth area, age of the building, nature of use to which it is put and such
other criteria as may be prescribed:
Provided that in the case of any Government or railway building or any building or a class of buildings not
ordinarily let, the gross annual rent of which cannot in the opinion of the Commissioner be estimated, the
annual rental value of the premises shall be deemed to be nine percent of the estimated value of the land
and the present cost of erecting the building after deducting a reasonable amount towards depreciation
which shall in no case be less than tenpercent of such cost.
(4) The annual rental value of lands and buildings shall be deemed to be the gross annual rent at which they
may reasonably be expected to let from month to month or from year to year, less a deduction at the rate of
ten per cent for buildings upto the age of 25 yearsand twenty per cent for buildings above the age of 25
years and thirty percent for buildings above the age of 40 years of that portion of such gross annual rent
which is attributable to the building apart from their sites and adjacent lands occupied as an appurtenance
thereto and the said deduction shall be in lieu of all allowances for repairs or on any other account
whatsoever:
Provided that a rebate of forty per cent of the annual rental value shall be allowed in respect of the
residential buildings occupied by the owner inclusive of the deduction permissible under this sub-section.
Provided further that in respect of such municipalities on the sea-shore as may be specified by notification
from time to time, a rebate of five per cent of the annual rental value shall be allowed in addition to the
rebates allowed under the other provisions of the Act in respect of all the buildings;
Explanation:- For the purposes of this section, an area not exceeding three times the plinth area of the
building including its site or a vacant land to the extent of one thousand square meters, whichever is less
shall be deemed to be adjacent premises occupied as an appurtenant to the building, and assessed to tax in
accordance with the provisions of this section, and the area, if any, in excess of the said limit shall be
deemed to be land not occupied by or adjacent and appurtenant to such building and the tax shall be levied
thereon in accordance with the provisions of sub-section (3) of Section 85 as if it were land to which that
sub-section applied.
Section 88 General exemptions
(1) The following buildings and lands shall be exempt from the property tax:
(a) places set apart for public worship and either actually so used or used for no other purpose;
(b) choultries for the occupation of which no rent is charged and choultries the rent charged for the
occupation of which is used exclusively for charitable purposes.
(c) recognised educational institutions including hostels, public buildings and places used for the charitable
purpose of sheltering destitute or animals and libraries and play-grounds which are open to the public;
(d) such ancient monuments protected under the law relating to preservation of ancient monuments for the
time being in force, or parts thereof as are not used as residential quarters, or as public offices;
(e) charitable hospitals and dispensaries;
(f) such hospitals and dispensaries maintained by railway administration as may, from time to time, be
notified by the Government in the Andhra Pradesh Gazette:
(g) burial and burning grounds included in the book kept at the municipal office under Section 303;
(h) buildings and lands belonging to the council;
(i) any irrigation work vesting in the Government including the bed of water-course or any building or land
adjacent and appertaining to such irrigation work; all lands belonging to or under the control of the
Government including the vacant lands specified in Section 37 and all such other Government property,
being neither buildings nor land, from which, in the opinion of the Government the income could be
derived as may, from time to time, be notified by the Government in the Andhra Pradesh Gazette;
Provided that nothing in clauses (a), (c) and (e) shall be deemed to exempt from property tax any building
or land for which rent is payable by the person or persons using the same for the purposes referred to in the
said clauses.
Explanation:- The exemption granted under this section shall not extend to residential quarters attached to
schools and colleges not being hostels or to residential quarters attached to hospitals, dispensaries and
libraries'.
(1-A) .....................
(2) The water and drainage tax shall not be levied on any land used exclusively for agricultural purposes
and not deriving any benefit from the water or drainage works on account of which the tax is imposed.
(3) The council may, with the previous sanction of the Government, exempt any particular part of a
municipality from the payment of the whole or a portion of the water and drainage tax or of the lighting tax
on the ground that such area is not deriving full benefit from the water-supply and drainage or from the
lighting system.
(4) The council may exempt by building or land from the whole or any portion of the scavenging tax if it is
satisfied that the owner or occupier has made efficient arrangements for the daily removal there from of
rubbish, filth and carcasses of animals.
(5) The council may, by resolution, exempt any class of buildings or lands from the property tax
(i) x x x x
(ii) If the annual rental value of the same does not exceed Rs. 300/- in the case of owner occupied
residential buildings within the municipal limits:
Provided that in respect of houses constructed for urban poor, the municipality shall collect one rupee for
every half-year towards property tax.
(iii) the person to be assessed does not own any other building or land assessed to the property tax and is
not liable to profession tax or income tax.
Section 89 Taxation to be uniform
Save as otherwise provided in this Act, the rate of any class of property tax on lands, when levied on their
capital value, or the rate of any class of property tax on lands, when levied on their annual rental value,
may be lower than the rate of the same class of property tax on buildings and there shall be uniformity in
the levy of each such rate throughout the municipal area in respect of the lands or buildings as the case may
be.
Section 90 Property tax a first charge on property
The property tax on buildings and lands shall, subject to the prior payment of land revenue, if any, due to
the Government thereon, be a first charge upon the said buildings or lands and upon the movable property,
if any found, within or upon the same and belonging to the person liable to such tax. If the tax due in
respect of a building or land under this section is not paid within the time specified therefor, it may be
recovered in the first instance by distraint under the warrant of the Commissioner, and sale of movable
property of the defaulter and if for any reason, the distraint or a sufficient destraint of the defaulter's
movable property is impracticable, the tax may be recovered by attachment and sale of the said building or
land in such manner as may be prescribed.
Section 91 Property tax when payable
The property tax shall be levied every half-year and shall, save as otherwise expressly provided in Schedule
II, be paid by the owner of the assessed premises within thirty days after the commencement of the half-
year.
Provided that a simple interest at the rate of two percent per mensum shall be charged in case of failure to
pay property tax within the due date.
Provided further that when payment of property tax is not made within the due date, the Commissioner
may, after giving notice to the owner or occupier, disconnect the essential services to the premises:
Provided also that all the taxes and dues to the Municipality including the property tax payable to the
Municipality shall be liable to be recovered as if they were arreas of land revenue.
Section 91A Power to correct the assessment records
(1) If at any time it appears to the council that any person or property has been inadvertently omitted from
the assessment records or inadequately or improperly assessed relating to any tax, or a clerical or
arithmetical error is committed in the records maintained in relation to such assessment, it may direct the
Commissioner to assess or reassess or correct the errors as the case may be:
Provided that no such direction shall be given where it involves an increase in the assessment unless the
person affected is afforded an opportunity to show cause against the proposed action.
(2) Such assessment or reassessment or correction of records shall not relate, to a period earlier than the
five half-years immediately preceding the current half-year.
Section 92 Vacancy remission
(1) When any building or land or any portion of any premises which has been treated as a separate property
for the purposes of assessing the property taxes has been vacant thirty or more consecutive days in the half
year the Commissioner shall, subject to the provisions hereinafter contained, remit the property taxes, if
any, to a maximum of one half of the amount paid in respect of taxes for the number of days that such
vacancy lasted.
(2) For the purpose of sub-section (1),
(a) premises shall be deemed to be vacant only if they are unoccupied and unproductive of rent;
(b) premises shall be deemed to be productive of rent, if let to a tenant having a continuing right of
occupation thereof, whether they are actually occupied by such tenant or not;
(c) premises furnished or reserved by the owner for his own occupation whenever required shall be deemed
to be occupied whether they are actually occupied by the owner or not,
(d) premises used or intended to be used for the purposes of any industry which is seasonal in character
shall not be deemed to be vacant merely on account of their being unoccupied and unproductive of rent
during such period or periods of the half-year in which seasonal operations are normally suspended;
(e) a vacancy which has continued during the whole of the month of February shall be deemed to have
continued for not less than thirty consecutive days.
(3) Every demand for remission under sub-section (1) shall be made during the half-year in respect of
which the remission is sought or in the following half-year and not afterwards.
(4)
(a) No demand for such remission shall be entertained unless the owner of the building, land or premises or
his agent has previously thereto delivered notice to the Commissioner. (i) that the building, land or
premises is vacant and unlet; or (ii) that the building, land or premises will be vacant and unlet from a
specified date either in the half-year in which notice is delivered or in the succeeding half-year.
(b) No demand for such remission shall be entertained in the case of a person who is in arrears of property
tax due by him otherwise than in a fiduciary capacity to the municipality, in respect of which a bill has
been duly served upon him and the time, if any, specified therein for payment has expired.
(c) The period in respect of which the remission is made shall be calculated
(i) if remission is sought in respect of the half-year in which notice is delivered, from the date of delivery of
the notice or from the date on which the building, land or premises became vacant and unlet whichever is
later; and
(ii) If remission is sought in respect of the half-year succeeding that in which the notice is delivered, from
the commencement of the half-year in respect of which remission is sought or from the date on which the
building, land or premises became vacant and unlet, whichever is later.
(d) Every notice under clause (a) shall expire which the half-year succeeding that during which it is so
delivered and shall have no effect thereafter.
Section 93 Obligation of transferor and transferee to give notice of transfer
(1) Whenever the title of any person, primarily liable to the payment of property tax on any premises, to or
over such premises is transferred, the person whose title is transferred and the person to whom the same
shall be transferred shall, within three months after the execution of the instrument of transfer or after its
registration if it be registered, or after the transfer is effected, if no instrument be executed, give notice of
such transfer to the Commissioner.
(2) In the event of the death of any person primarily liable as aforesaid, the person to whom the title of the
deceased shall be transferred as heir or otherwise shall give written notice of such transfer to the
Commissioner within one year from the death of the deceased.
(3) The notice to be given under this section shall be in such form as the Commissioner may direct and the
transferee or the person to whom the title passes, as the case may be, shall, if so required, be bound to
produce before the Commissioner any documents evidencing the transfer or succession.
(4) Every person who makes a transfer as aforesaid without giving such notice to the Commissioner shall in
addition to any other liability which he incurs through such neglect, continue to be liable for the payment of
property tax assessed on the premises transferred until he gives notice or until the transfer shall have been
recorded in the municipal registers, but nothing in this section shall be held to affect
(a) the liability of the transferee for the payment of the said tax; or
(b) the prior claim of the council under Section 90.
Section 94 Owner's obligation to give notice of construction, reconstruction or demolition of building
(1)
(a) If any building in a municipality is constructed or reconstructed, the owner shall give notice thereof to
the Commissioner within thirty days from the date of completion or occupation of the building whichever
is earlier.
(b) If such date falls within the last two months of a half-year, the owner shall subject to notice being given
under clause (a), be entitled to a remission of the whole of the tax or enhanced tax, as the case may be,
payable in respect of the building only for that half-year.
(c) If such date falls within the first four months of a half-year, the owner shall, subject to notice being
given under Clause (a) be entitled to a remission of so much, not exceeding a half of the tax or enhanced
tax, as the case may be, payable in respect of the building only, for that half-year. as is proportionate to the
number of days in that year preceding such date.
(2)
(a) If any building in a municipality is demolished or destroyed, the owner shall, until notice thereof is
given to the Commissioner, be liable for the payment of the property tax which would have been leviable
had the building not been demolished or destroyed.
(b) If such notice is given within the first two months of a half-year, the owner shall be entitled to a
remission of the whole of the tax payable in respect of the building for that half-year.
(c) If such notice is given within the last four months of a half-year, the owner shall be entitled to a
remission of such sum not exceeding a half of the tax payable in respect of the building for that half-year as
is proportionate to the number of days in that half-year succeeding the demolition or destruction, as the
case may be.
Section 95 Power of Commissioner or valuation officer to call for information and to enter upon
premises
(1) For the purpose of assessing the property tax, the Commissioner or valuation officer appointed under
Rule 9 of Schedule II, may, by notice, call on the owner or occupier of any land or building to furnish him,
within thirty days after the service of the notice, where the notice is served upon the Government, Railway
Administration or a company and within seven days after service in other cases, or which such further
period, not exceeding seven days, as may be specified by the Commissioner or valuation officer, with
returns of the rent payable for the land or building, the cost of erecting the building and the measurements
of the land with such other information as the Commissioner or valuation officer may require; and every
owner and occupier on whom such notice is served shall be bound to comply with it and to make a true
return to the best of his knowledge or belief.
(2) For the purpose aforesaid the Commissioner or Valuation Officer or any other person authorised by
them in this behalf may enter, inspect, survey and measure such building or land after giving reasonable
notice to the owner or occupier.
Section 96 Tax on Carriages and Carts
xxxx
Section 97 Tax on Carriages and Carts
xxxx
Section 98 Tax on Carriages and Carts
xxxx
Section 99 Tax on Carriages and Carts
xxxx
Section 100 Tax on Carriages and Carts
xxxx
Section 101 Tax on Carriages and Carts
xxxx
Section 102 Tax on Carriages and Carts
xxxx
Section 103 General provisions regarding tax on carriages and carts
(1) If the council by a resolution determines that a tax on carriages and a tax on carts shall be levied, the
Commissioner shall take steps to levy the said tax yearly on carriages and carts kept or used within the
municipality.
(2) The rates of tax shall be determined by the council, provided that in no case they shall exceed the
maxima laid down in Schedule II in respect of carriages, and in respect of carts, such rates shall not exceed
eight rupees per cart per year.
Section 104 Liability to tax according to period for which carriage has been kept
(1) Every person having possession, custody or control of any taxable carriage shall be liable for the yearly
tax, if the carriage has been kept or used within the municipality for an aggregate period of not less than
one hundred and twenty days in the year.
(2) If such aggregate period exceeds thirty days but is less than one hundred and twenty days, a moiety of
the yearly tax shall be leviable.
(3) If such aggregate period does not exceed thirty days, no tax shall be leviable for the year.
(4) Every person having possession, custody or control of any taxable carriage within the municipality
shall, until the contrary is shown, be presumed to have kept or used the same within the municipality for
one hundred and twenty days in the year.
Section 105 Cart liable to tax to be registered
(1) Every owner of any such cart shall register it once in every year in the municipal office.
(2) The council may direct that a municipal number shall be affixed to every registered cart.
(3) The Commissioner shall notify certain days in every year for the registration and numbering of carts
and the payment of the tax.
(4) All registrations made and numbers affixed under this Section shall be entered in a book to be kept for
the purpose at the municipal office.
(5) Such book shall be open at all reasonable times to the inspection, free of charge, by any person who
pays any tax to the municipality.
(6) No tax shall be levied on any cart which is shown to the satisfaction of the Commissioner to have been
kept or used within the municipality for an aggregate period not exceeding thirty days in an year.
Section 106 Non-liability to tax in certain cases
Notwithstanding anything in Section 104, no person shall be liable
(a) to pay tax to the municipality during any year on any carriage or cart in respect of which the tax for the
same year has already been paid to the municipality by some other person; or
(b) to pay to the municipality on any carriage or cart in respect of which tax has already been paid to any
other municipality or any other local authority or cantonment board, whether under this Act relating to such
other local authority or the Cantonments Act, 1924 (Central Act 2 of 1924) more than the excess, if any of
the tax payable in the municipality in respect of such carriage or cart over the tax already paid to the other
municipality, the other local authority or the cantonment board, as the case may be.
Section 107 Exemptions
A carriage or cart tax shall not be levied on-
(a) carriages or carts belonging to the Government and used for defence purposes;
(b) carriages or carts belonging to the council;
(c) carriages or carts kept solely for sale by carriage or cart makers and dealers;
(d) carriages or carts which have been under repair or kept by a carriage or cart maker during the whole of
the year;
(e) children's parambulators and tricycles;
(f) carriages or carts kept solely to be used for the conveyance of the sick, the injured or the dead, free of
charge.
(g) private bicycles and owner driven rickshaws.
Section 108 Compounding of tax
With the sanction of the council or in accordance with regulations framed by that body, the Commissioner
may compound, for at any period with any livery stable keeper or other person keeping carriages for sale or
hire, for a certain sum to be paid in lieu of the carriage tax.
Section 109 Forms to be sent to and returned by tax payers
(1) The Commissioner shall send to every person liable to the tax on carriages a printed table to be filled up
with such information respecting the carriages kept or used by him as the Commissioner considers
necessary for the assessment of the tax.
(2) Such table shall be filed up with such information in writing and signed and dated and returned within
thirty days of its receipt to the municipal office by the person to whom it has been sent.
(3) On the expiry of the period of thirty days referred to in sub-section (2), the Commissioner shall cause a
notice to be served on such person requiring him to pay within thirty days of the date of such service the
sum for which, in the opinion of the Commissioner such person is liable on account of the tax on carriages.
Section 110 Grant of licence to carriages on payment of tax and prepayment of tax -- conditions
precedent to registration of carriages
(1) When any person pays the amount of tax due in respect of any carriage the Commissioner shall grant
him a licence to keep or use such carriage for the period to which the payment relates.
(2) Where the Andhra Pradesh (Andhra Area) Hackney Carriages Act, 1911 (Act V of 1911), or any other
law similar thereto for the time being in force, is in force in any area of a municipality, the person
appointed to perform the functions of the Commissioner under the said Act or law in respect of such area
shall, before registering any carriage thereunder, satisfy himself that the council has received payment of
the tax, if any, due under Section 103 on account of the last preceding year and the current year.
Section 111 Power to require numbers to be affixed to bicycles etc.
(1) The Commissioner may direct that a municipal number shall be affixed
(a) to every carriage let out for hire within the municipality; and
(b) to every bicycle and tricycle kept or used within the municipality.
(2) The numbers affixed under sub-section (1) shall be registered in the municipal office.
(3) The owner of every carriage, bicycle or tricycle shall pay such fee as the Commissioner may fix
towards the cost of the plate or disc containing the number.
Section 112 Seizure of vehicles not bearing numbers
(1) If a municipal number is not affixed to a cart or carriage (hereinafter referred to as vehicle) in pursuance
of a direction issued under Section 105 or Section 111, as the case may be, the Commissioner may, at any
time, seize and detain the vehicle and the animal, if any, by which it is drawn:
Provided that no vehicle other than bicycle, or tricycle shall be seized or detained when actually employed
in the conveyance of any passenger or goods.
(2) If the vehicle or animal seized be not claimed and the tax due thereon be not paid within ten days from
the date of seizure, the Commissioner may direct that the vehicle or animal shall be sold in public auction
and the proceeds of the sale applied to the payment of--
(i) the tax, if any, due on the vehicle or animal sold;
(ii) such penalty not exceeding the amount of the tax as the Commissioner may direct and
(iii) the charges incurred in connection with the seizure, detention and sale.
(3) If the owner of the vehicle or animal or other person entitled thereto claims the same within ten days
from the date of seizure or at any time before the sale, it shall be returned to him on payment of--
(i) the tax due thereon;
(ii) such penalty not exceeding the amount of the tax as the Commissioner may direct; and
(iii) the charges incurred in connection with the seizure and detention Tax on Animals
Section 113 Tax on Animals
(1) If the council by a resolution determines that a tax on animals shall be levied, the Commissioner shall
take steps to levy the said tax yearly on the animals which are kept or used within the municipality and
which are of the kinds specified in Schedule II.
(2) The rates of tax shall be determined by the council provided that in no case they shall exceed the
maximum laid down in Schedule II.
(3) The provisions of Sections 104 and 106 to 110 in so far as they relate to the levy of tax on carriages
shall, with the necessary modifications, apply to the levy of tax on animals.
Section 114 Tax on advertisements
Every person who erects, exhibits, fixes, or retains upon or over, any land, building, wall, hoarding or
structure, any advertisement or who displays any advertisement to public view in any manner whatsoever,
in any place whether public or private, shall pay on every advertisement which is so erected, exhibited,
fixed, retained or displayed to public view, a tax calculated at such rates and in such manner and subject to
such exemptions as the council may, with the approval of the Government, by resolution determine:
Provided that the rates shall be subject to the maximum and minimam laid down by the Government in this
behalf:
Provided further that no tax shall be levied under this section on any advertisement or a notice--
(a) of a public meeting; or
(b) of an election to any legislative body or to the council; or
(c) of a candidature in respect of such an election:
Provided also that no such tax shall be levied on any advertisement which is not a sky-sign and which--
(a) is exhibited within the window of any building; or
(b) relates to the trade or business carried on within the land or building upon or over which such
advertisement is exhibited or to any sale, or letting of such land or building or any effects therein or to any
sale, entertainment or meeting to be held upon or in the same; or
(c) relates to the name of the land or building upon or over which the advertisement is exhibited or to the
name of the owner or occupier of such land or building; or
(d) relates to the business of any railway administration; or
(e) is exhibited within any railway station or upon any wall or other property of a railway administration
except any portion of the surface of such wall or property fronting any street.
Explanation I:- The word "structure" in this section shall include any movable board on wheels used as an
advertisement or an advertisement medium.
Explanation II:- The expression "sky-sign" shall, in this section, mean any advertisement, supported on or
attached to any post, pole, standard, frame-work or other support wholly or in part upon or over any land,
building, wall or structure, which, or any part of which, shall be visible against the sky from some point in
any public place and includes all and every part of any such post, pole, standard, frame-work or other
support. The expression "sky-sign" shall also include any balloon, parachute or other similar device
employed wholly or in part for the purposes of any advertisement upon or over any land, building or
structure or upon or over any public place but shall not include--
(a) any flagstaff, pole, vane or weathercock, unless adapted or used wholly or in part for the purpose of any
advertisement: or
(b) any sign or any board, frame or other contrivance securely fixed to or on the top of the wall or parapet
of any building or on the cornice or blocking course of any wall or to the ridge of a roof:
Provided that such board, frame or other contrivance be of one continuous face and not open work, and
does not extend in height more than one metre above any part of the wall, or parapet or ridge, to against or
on which it is fixed or supported; or
(c) any advertisement relating to the name of the land or building upon or over which the advertisement is
exhibited or to the name of the owner or occupier of such land or building; or
(d) any advertisement relating exclusively to the business of a railway administration and placed wholly
upon or over any railway, railway station, yard, platform or station approach belonging to a railway
administration and so placed that it cannot fall into any street or public place; or
(e) any notice of land or building to be sold or let, placed upon such land or building.
Explanation III:- "Public place" shall, for the purpose of this section, means any place which is open to the
use and enjoyment of the public, whether it is actually used or enjoyed by the public or not.
Section 115 Prohibition of advertisements without written permission of Commissioner
(1) No advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall,
hoarding or structure within the municipality or shall be displayed in any manner whatsoever in any place
without the written permission of the Commissioner.
(2) The Commissioner shall not grant such permission if--
(i) the advertisement contravenes any bye-laws made by the council under clause (3) of Section 330; or
(ii) the tax, if any, due in respect of the advertisement has not been paid.
(3) Subject to the provisions of sub-section (2) in the case of an advertisement liable to the advertisement
tax, the Commissioner shall grant permission for the period to which the payment of the tax relates and no
fees shall be charged in respect of such permission;
Provided that the provisions of this Section shall not apply to any advertisement relating to the business of
a railway administration erected, exhibited, fixed or retained on the premises of such administration.
Section 116 Permission of the commissioner to become void in certain cases
The permission granted under Section 115 shall become void in the following cases, namely:-
(a) if the advertisement contravenes any bye-law made by the council under clause (30) of Section 330;
(b) if any addition to the advertisement be made except for the purpose of making it secure under the
direction of Municipal Engineer, or the Commissioner;
(c) if any material change be made in the advertisement or any part thereof;
(d) if the advertisement or any part thereof falls otherwise than through accident;
(e) if any addition or alteration be made to or in the building, wall or structure upon or over which the
advertisement is erected, exhibited, fixed or retained, if such addition or alteration involves the disturbance
of the advertisement or any part thereof; and
(f) if the building, wall or structure upon or over which the advertisement is erected, exhibited, fixed or
retained, be demolished or destroyed.
Section 117 Owner or person in occupation to be deemed responsible
Where any advertisement is erected, exhibited, fixed or retained upon or over any land, building, wall,
hoarding or structure in contravention of the provisions of Section 114 or Section 115 or after the written
permission for the erection, exhibition, fixation or retention therefor for any period has expired or become
void, the owner or person in occupation of such land, building, wall, hoarding or structure shall be deemed
to be the person who has erected, 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.
Section 118 Removal of unauthorised advertisements
If any advertisement is erected, exhibited, fixed or retained contrary to the provisions of Section 114 or
Section 115 or after the written permission for the erection, exhibition, fixation or retention thereof for any
period has expired or become void, the Commissioner may, by notice in writing require the owner or
occupier of the land, building, wall, hoarding or structure upon or over which the same is erected,
exhibited, fixed or retained, to take down or remove such advertisement or may enter any building, land or
property and have the advertisement removed, and the costs thereof shall be recoverable in the same
manner as property tax.
Section 119 Collection of tax on advertisements
The Commissioner may farm out the collection of any tax on advertisement leviable under Section 114 for
any period not exceeding one year at a time on such terms and conditions as may be determined by the
council.
Section 120 Method of assessments of duty on transfers of property
The duty on transfers of property shall be levied
(a) in the form of a surcharge on the duty imposed by the Indian Stamp Act, 1899, (Central Act 2 of 1899)
for the time being in the State, on every instrument of the descriptions specified below, in respect of the
whole or part of the immovable property, as the case may be, situated within the limits of a municipality;
and
(b) at such rate as may be fixed by the Government, not exceeding five per centum on the amount specified
below against such instrument; Description of instrument Amount on which duty shall be levied
(i) Sale of immovable property. The amount of value of the consideration for the sale, as set-forth in the
instrument or the market value of the property which is the subject matter of the sale whichever is higher
(ii) Exchange of immovable property The market value of the property of greater value, which is the
subject matter of exchange.
(iii) Gift of immovable property The market value of the property which is the subject matter of the gift.
(iv) Mortgage with possession of immovable property The amount secured by the mortgage, as set forth in
the instrument.
(v) Lease for a term exceeding one hundred years or in perpetuity of immovable property An amount equal
to one-sixth of the whole amount or value of the rents which would be paid or delivered in respect of the
first fifty years of the lease as set forth in the instrument.
Section 121 Provisions of the Indian Stamps Act, 1899, applicable on the introduction of duty on
transfers of property
On the introduction of the duty on transfers of proerty--
(a) Section 27 of the Indian Stamp Act, 1899 (Central Act 2 of 1899) shall be read as if it specifically
requires the particulars to be set forth separately in respect of property situated within the limits of a
municipality and outside such limits; and
(b) Section 64 of the same Act shall be read as if it referred to the Council concerned as well as the
Government.
Section 122 Power to make rules regarding assessment and collection of duty on transfer of property
The Government may make rules not inconsistent with this Act for regulating the collection of the duty on
transfer of property, the payment thereof to the councils concerned and the deduction of any expenses
incurred by the Government in the collection thereof.
Section 123 Compensation to Municipalities towards loss of income from tolls, etc
(1) Notwithstanding anything in any law for the time being in force, there shall be paid from the
Consolidated Fund of the State annually or at such period as may be specified by the Government, from
time to time
(i) to each municipality specified in Schedule VIII which was constituted prior to the first day of April
1961;
(a) in the Andhra Area, the sum shown against the municipality in Part A of that Schedule, as compensation
for the loss of income from tolls or vehicle tax on motor vehicles or both which the said municipality was
deriving under the proviso to Section 10 (1) (a) (v) of the Andhra Pradesh (Andhra Area) Motor Vehicles
Taxation Act, 1931, (Act III of 1931) before the said proviso was omitted by the Madras Motor Vehicles
Taxation (Andhra Amendment) Act 1956 (Act III of 1956).
(b) in the Telangana area, the sum shown against the municipality in Part B of that Schedule, as
compensation for the loss of income from tolls on animals and Vehicles which the municipality was
levying under Section 107 of the Andhra Pradesh (Telangana Area) District Municipalities Act, 1956, (Acts
XVIII of 1956) before the said section was omitted by Section 3 of the Hyderabad Municipal Corporation
and Andhra Pradesh (Telangana Area) District Municipalities (Andhra Pradesh Amendment) Act, 1961
(Act XXXVIII of 1961).
(ii) to each municipality constituted on or after the 1st day of April, 1961-
(a) in the Andhra area, a sum equal to the average annual income derived by the district board from tolls or
vehicle tax on motor vehicles or both during the three years ending on the 31st day of March 1961 within
the area for which the municipality was constituted, from out of the sum payable to the Zilla Parishad
which is now functioning in the place of such district board;
(b) in the Telangana area, a sum equal to the average annual income derived by the district board from the
tolls on animals and vehicles, during the three years ending on the 31st day of March, 1961 within the area
for which the municipality was constituted; from out of the sum payable to the Zilla Parishad which is now
functioning in the place of such district board:
Provided that if it is not possible to determine such annual income in the case of any municipality, the sum
payable to the municipality under Sub-clause (a) or sub-clause (b) of this clause shall be determined by the
Government in consultation with the Zilla Parishad concerned as provided in Sub-section (3) of this
section;
(iii) to each municipality specified in Part C of that Schedule, the sum shown thereof, as compensation for
the loss in income due to the abolition of fees or licences granted to motor vehicles which the said
municipality was deriving under Section 10 (1) (a) (iv) of the Andhra Pradesh (Andhra Area) Motor
Vehicles Taxation Act, 1931 (Act III of 1931).
(iv) to each municipality in the State constituted prior to the 1st day of April, 1963-
(a) in the Andhra area, a sum calculated at the rate of thirty paise per head of population at the last census
in the municipality towards the loss of income on account of the abolition of fees for the use of cart-stand
levied on motor vehicles, if such municipality was deriving any income from fees during any one of the
three years immediately preceding that day;
(b) in the Telangana area a sum calculated at the rate of thirty paise per head of population at the last
census, in the municipality towards the loss of income on account of the abolition of tax on motor vehicles,
if such municipality was deriving any income from that tax during any one of the three years immediately
proceding that day.
(2) The Government shall determine the amounts payable to the municipalities under clause (ii) of sub-
section (1) and the said determination shall be final.
(3) In determining the amount payable to the municipalities under Clause (ii) of sub-section (1), the
Government shall take into account
(a) the arrears of tolls or vehicles tax on motor vehicles or both left uncollected which could have been
collected; and
(b) the amounts which the municpalities or the Zilla Parishads should have paid to any other local authority
constituted under any enactment for the time being in force on account of collections made on behalf of
such local authority and remaining to be adjusted.
(4) Notwithstanding anything contained in the foregoing sub-sections, the Government may vary the
amount or rate of compensation payable to the municipality;
Provided that no such variation shall be made to the disadvantage of the municipality.
(5) The Government may impose a suitable cut in the amounts of grants or as the case may be the
compensation to be released in respect of Municipalities whose tax collection is less than eighty-five per
cent of the demand of of each year.
Section 124 Power to write off irrecoverable taxes, etc.
The council may write off any tax, fee or other amount whatsoever due to it, whether under a contract or
otherwise, or any sum payable in connection therewith, if, in its opinion, such tax, fee, amount or sum is
irrecoverable.
CHAPTER 2 Finance Municipal Fund
Section 125 Definition of Municipal Fund
All moneys received by the council shall constitute a fund which shall be called the municipal fund and
shall be applied and disposed of subject to the provisions of this Act or other laws. Budget
Section 126 Budget estimate
The council shall, in each year, frame a budget showing the probable receipts and the expenditure which it
proposes to incur during the following year and shall submit a copy of the budget to the Government before
such date as may be fixed by them in that behalf. The budget shall contain provisions, adequate in the
opinion of the Government, for the due discharge of all liabilities in respect of loans contracted by the
council, for the maintenance of a working balance, and for the execution of such works as the Government
may undertake or approve under Section 65. If the budget as submitted to the Government fails to make
those provisions, the Government may modify any part of the budget so as to ensure that such provisions
are made.
Section 127 Revised or supplementary budget
If, in the course of a year, a council finds it necessary to modify the figures shown in the budget with
regard to its receipts or to the distribution of the amounts to be expended on the different services it
undertakes, it may submit a supplemental or revised budget provided that no alteration shall be made
without the consent of Government in the amount allotted for the service of debt or in the working balance.
Section 128 Appointment of auditors of accounts
The Government shall appoint auditors of the accounts of receipts and expenditure of the municipal fund.
Such auditors shall be deemed to be `public servants' within the meaning of Section 21 of the Indian Penal
Code.
Section 129 Contribution to expenditure by other local authorities
(1) If the expenditure incurred by the Government or by any other municipality to which this Act applies or
by any other local authority in the State for any purpose authorised by or under Part II of Schedule II is
such as to benefit the inhabitants of a municipality, the council may, with the sanction of the Government,
make a contribution towards such expenditure.
(2) The Government may direct a council to show cause, within a month after receipt of the order
containing the direction, why any contribution described in sub-section (1) should not be made.
(3) If the council fails to show cause within the said period to the satisfaction of the Government, the
Government may direct it to make such contribution as they may specify and it shall be paid accordingly.
Section 130 Application of Schedule II
The rules and tables embodied in Schedule II shall be read as part of this chapter. Loans and Advances
Section 131 Guarantee of Government of principal of, and interest on, the loans floated by council
for purposes of the Act
(1) The principal of and, interest on the loans floated by a council, to such maximum amount as may be
fixed by the Government and subject to such condition as they may think fit to impose, shall carry the
guarantee of the Government.
(2) The Government may increase the maximum amount of any guarantee given by them.
(3) The Government may, after consulting the council,-
(a) by notification in the Andhra Pradesh Gazette, and
(b) by notice for not less than fourteen days in such of the principal newspapers in the municipality as the
Government may select in this behalf. discontinue any guarantee given by them or restrict the maximum
amount thereof or modify the conditions subject to which it is given with effect from a specified date not
being earlier than six months from the date of publication of the notification in the Andhra Pradesh
Gazette;
Provided that in cases where the maximum amount of the guarantee is to be restricted or the conditions
subject to which the guarantee is given are to be modified, the notification and notice aforesaid shall set
forth with sufficient clearness the scope and effect of the restriction or modifications.
Provided further that the withdrawal, restriction or modification of any guarantee under this sub-section
shall not affect in any way the guarantee carried by any loan taken prior to the date on which such
withdrawal, restriction or modification takes effect.
Section 132 Recovery of loans and advances made by the Government
Notwithstanding anything in the Local Authorities Loans Act, 1914, (Central Act 9 of 1914), or any other
law similar thereto for the time being in force, the Government shall be entitled to recover in the manner
provided by sub-section (1) of Section 64 of this Act or by suit, any loan or advance made to any council
for any purpose to which the funds of the said council may be applied under this Act.
Section 132A Finance Commission
(1) The Finance Commission constituted by the Governor in pursuance of Article 243-I of the Constitution
shall also review the financial position of the Municipalities and make recommendations to the
Government as to,
(a) the principles which should govern,
(i) the distribution between the State and the Municipalities of the net proceeds of the taxes, duties, tolls
and fees leviable by the State, which may be divided between them under this part and the allocation
between the Municipalities of their respective shares of such proceeds;
(ii) the determination of the taxes, tolls and fees which may be assigned to or appropriated by the
Municipalities;
(iii) the grants-in-aid to the Municipalities from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Municipalities;
(c) any other matter referred to the Finance Commission by the Government in the interests of sound
finances of the Municipalities.
(2) The Government shall cause every recommendation made by the Commission under this article
together with an explanatory memorandum as to the action taken thereon to be laid before the Legislative
Assembly of the State.
PART 5 Public Health, Safety and Convenience
CHAPTER 1 Water-supply Lighting and Drainage
Section 133 Vesting of works in councils
(1) All public water courses and springs, all public reservoirs, tanks, cisterns fountains, wells, stand-pipes
and other water- works existing at the commencement of this Act or afterwards made, laid or erected, and
whether made, laid or erected at the cost of the council or otherwise, and also any adjacent land, not being
private property, appertaining thereto shall vest in the council and be subject to its control;
Provided that nothing in this section shall apply to any work which is, or is connected with, a work of
irrigation or to any adjacent land appertaining to any such work
(2) The Government may, by notification in the Andhra Pradesh Gazette, limit or define such control or
may assume the administration of any public source of water-supply and public land adjacent and
appertaining thereto after consulting the council and giving due regard to its objections, if any.
Section 134 Construction and maintenance of water-works
(1) The council may, with the sanction of the Government direct the construction of such works as it deems
fit outside the limits of the municipality for supplying it with water and may provide channels, tanks,
reservoirs cisterns, engines, mains, wells, fountains, stand-pipes and other works as it may deem fit within
the said limits for the use of the inhabitants.
(2) The council may cause existing works, for the supply of water to be maintained and supplied with
water, or it may close any such works and may cause them to be maintained and supplied with water.
(3) The council may, if it deems fit, entrust water and drainage works to private firms, with the previous
approval of the Government.
Section 135 Constitution of water boards for local authorities
(1) Notwithstanding anything in Section 133, the Government may constitute a water board for one or more
municipalities or other local authorities for the construction and maintenance of water works for the supply
of water to such municipalities or local authorities.
(2) The local authority or authorities, for which water board is constituted under sub-section (1), shall,
subject to such conditions as may be prescribed, be bound to take water from such water board on and from
the date of completion of the construction or the commencement of the maintenance of a water works by
such water board.
Section 136 Trespass on premises connected with water supply
It shall not be lawful for any person except with permission duly given and obtained to enter upon land
belonging to, or vested in, a council along which a conduit or pipe runs, or upon any premises connected
with the water-supply.
Section 137 Prohibition of building over water mains
(1) Without the permission of the council, no building, wall or other structure shall be newly erected and no
street or railway shall be constructed over any municipal water mains.
(2) If any building, wall or other structure be so erected or any street or railway be so constructed, the
council may cause the same to be removed or otherwise dealt with as shall appear to it fit, and the expenses
thereby incurred shall be paid by the persons offending.
Section 138 Council to provide water for use
The council shall so far as the funds at its disposal may admit, provide a sufficient supply of water fit for
the use of the inhabitants.
Section 139 Control over connections
All connections whether within or outside the premises to which they belong, with any water-supply mains
constructed by a council shall be under the control of the council, but shall be altered, repaired and kept in
proper order at the expense of the owner of the premises to which they belong or for the use of which they
were constructed and in conformity with bye-laws and regulations framed by the council in this behalf.
Section 140 Private water-supply for consumption and use and power of the Chairperson to enforce
provision of water supply
(1) In municipalities in which there is a pipe supply of water the Chairperson may, on application by the
owner or occupier of any building arrange, in accordance with the bye-laws, to supply water thereto for
consumption and use.
(2) Whenever it appears to the Chairperson that any building assessed, at an annual rental value of not less
than three hundred rupees is without a proper supply of water for consumption and use and that such a
supply can be furnished from a main not more than thirty metres distant from any part of such building, the
Chairperson may, by notice, require the owner to obtain such supply and to execute all such works as may
be necessary for that purpose in accordance with the bye-laws and regulations.
(3) The cost of making the connections and the cost of hire of meters shall be borne by the owner or
applicant and shall be recoverable in the same manner as the property tax.
Section 141 Power of council to make bye-laws for water supply
(1) For all water supplied under Section 140, payment shall be made on such basis, at such times, and on
such conditions as may be laid down in the bye-laws made by the council, and shall be recoverable in the
same manner as the property tax.
(2) In particular and without prejudice to the generality of the foregoing power, such bye-laws may-
(a) provide for the classification of supply of water under the following categories, namely:-
(i) supply to residential buildings;
(ii) supply to residential hotels;
(iii) supply to shops, commercial establishments (other than industrial undertakings), restaurants, eating
houses, theaters and places of public amusement or entertainment;
(iv) supply to industrial undertakings;
(v) supply to non-residential buildings not falling within the scope of category (ii), category (iii) or
category (iv).
Explanation:- In this clause, unless the context otherwise requires, the expression `commercial
establishment', `eating house', `residential hotel', `restaurant', `shop', and `theatre', shall have the meanings
assigned to them in the Andhra Pradesh (Andhra Area) Shops and Establishments Act, 1947 (Act XXXVI
of 1947);
(b) provide for the levy of different rates of charge in respect of water supplied to the different categories
specified in clause (a);
(c) in cases of supply to residential buildings, lay down the maximum free allowances to be made and the
rates of charge to be levied in respect of water supplied in excess of such allowance; and
(d) in cases of supply to all buildings lay down that the charge for water supplied shall be based on the
number of taps allowed, irrespective of the quantity of water consumed.
Section 142 Levy and collection of pipe-line service charges
The Government may, by notification, direct the council to levy and collect pipeline service charges from
every owner or occupier of a premises to which water connection has been given at such rate as may be
prescribed to the different categories specified in Clause (a) of sub-section (2) of Section 141 to defray the
capital cost of pipeline service works undertaken by the Council and the operation and maintenance of the
pipeline system from time to time:
Provided that no such charges shall be levied on the owner or ocucpier of any premises situated in the areas
which are not served by the pipeline system of the Council.
Section 143 Supply beyond the limits of municipality
The council may, with the sanction of the Government and shall, on the direction of the Government,
supply water to local authority or other person outside the municipality on such terms, if any, as may be
approved by the Government.
Section 144 Power to disconnect water-supply
(1) The Commissioner or any person authorised by him in this behalf may cause to disconnect the supply of
muicipal water from any premises where-
(a) the premises are unoccupied;
(b) any water tax or any sum due for water for the cost of making a connection or for the cost or hire of a
meter or for the cost of carrying out any work or test connected with the water-supply, which is chargeable
to any person by or under this Act, is not paid within fifteen days after a bill for such tax or sum has been
presented;
(c) after receipt of a notice from the Commissioner requiring him to refrain from so doing, the owner or
occupier continues to use the water or to permit it to be used in contravention of any bye-laws made under
this Act;
(d) the owner or occupier neglects within a period specified in any notice issued by the Commissioner
under any bye-law made under this Act to put a meter or to comply with any other lawful order or
requisition:
(e) the owner or occupier wilfully or negligently damages his metre or any pipe or tap conveying municipal
water;
(f) the occupier refuses to admit the Commissioner or the person authorised into premises which he
proposes to enter for the purpose of executing any work or of placing or removing any apparatus or of
making any examination or inquiry in connection with the water supply, or prevents the Commissioner or
the person authorised from doing such work, placing or removing such apparatus or making such
examination or inquiry;
(g) any pipes, taps, works or fittings connected with the municipal water-supply are found on examination
by the Commissioner or the person authorised to be out of repair to such an extent as to cause waste or
contamination of water;
(h) the owner or occupier causes pipes, taps, works or fittings connected with the municipal water supply to
be placed, removed, repaired or otherwise interfered with in violation of the bye-laws;
Provided that in a case falling under clauses (e), (f), (g) or (h), the Commissioner or the person authorised
shall not take action, unless notice of not less than twenty-four hours is given to the owner or occupier of
the premises.
(2) The expense of disconnecting the supply shall be paid by the owner or occupier of the premises.
(3) In cases falling under clause (b) of sub-section (1), as soon as any money for non-payment of which
water is disconnected together with the expense incurred thereof is paid by the owner or occupier, the
Commissioner shall cause water to be supplied as before on payment of the costs, if any, of reconnecting
the premises with the municipal water-works.
(4) No action taken under this section shall relieve any person from any penalties or liabilities which he
may otherwise have incurred.
Section 145 Non-liability of council for disconnection, or stoppage of supply in certain cases
Notwithstanding anything in any agreement the council shall not be liable to any penalty or damages for
disconnecting supply of water or for not suplying water, in the case of any drought, or other unavoidable
cause or accident, or the necessity for relaying or repairing pipes. Lighting
Section 146 Provision for lighting in public streets
The council shall, so far as the funds at its disposal permit, cause the public streets to be lighted and for that
purpose shall provide such lamps and works as it thinks necessary.
Section 147 Maintenance of system of drainage by council
The council shall, so far as the funds at its disposal may permit, provide and maintain a sufficient system of
public drains.
Section 147A Acceptance of contributions towards the capital cost of underground drainage
The Government may, by notification, direct the council to levy and collect pipe-line service charges from
every owner or occupier of a premises, to which underground drainage connection has been given at such
rate as may be prescribed to the different categories specified therein to defray the capital cost of sewerage
and sewage treatment works undertaken by the council and the operation and maintenance of the sewerage
system from time to time;
Provided that no such charges shall be levied on the owner or occupier of any premises situated in the areas
which are not served by the sewerage system by the council.
Section 148 Owners of buildings to pay for clearance of sullage from their buildings by connecting
their house-drains with public drains
(1) For the discharge of drainage from private premises by connecting house-drains with municipal drains,
payment shall be made under any one of the basis mentioned in sub-section (2) which the council may, by
resolution, specify, at such times, and on such conditioins as may be laid down in the bye laws made by the
council and shall be recoverable in the same manner as the property tax.
(2) The basis referred to in sub-section (1) shall be the following:
(a) a monthly rent at such rate for each building as may be laid down in the bye-laws;
(b) such percentage of the capital value of the building as may be laid down in the bye-laws;
(c) the number of taps allowed, irrespective of the quantity of water consumed.
Section 149 Control over house drains, privies and cess pools
All house drains whether within or outside the premises to which they belong and all private latrines and
cess polls within the municipality shall be under the control of the council but shall be altered, repaired,
cleaned and kept in proper order at the expense of the owner of the premises to which the same belong or
for the use of which they were constructed, and in conformity with bye-laws and regulations framed by the
council in this behalf.
Section 150 Connection of house-drains of private latrines with public drains of underground sewers
(1) The Commissioner shall, on an application by the owner or occupier of any permises or the owner of
private street, arrange in accordance with the bye-laws, for the connection of the applicant's drain with any
public drain, and where there is underground sewer, any private latrine with any underground sewer, at a
distance not exceeding one hundred meters therefrom at the applicant's expense.
(2) (a) If there is a public drain or underground sewer or out-fall within a distance not exceeding thirty
metres of the nearest point on any permises, or if within such distance, a public drain or underground sewer
or out-fall is about to be provided or is in the process of construction, the Commissioner may, by notice,
direct the owner or occupier of the said premises to construct a drain leading therefrom to such drain or
underground sewer or place of out-fall, and to execute all such works, as may be necessary in accordance
with the bye-laws and regulations at owner's expense. (a) Where the said owner or occupier fails to comply
with the notice specified in clause (a) within fifteen days of its service, the Commissioner may construct
the said drain and may direct that the expenses of constructing it shall be recovered in the same manner as
property tax.
(3) If any premises are, in the opinion Commissioner, without sufficient means of effectual drainage, but no
part thereof is situated within thirty metres of a public drain or underground sewer or its place of out-fall,
the Commissioner may, by notice, direct the owner or occupier of the said premises to construct a cess-poll
or septic tank or filters of such material, dimensions and description in such position and at such level as
the Commissioner thinks necessary, and to construct a drain or drains emptying into such cess-poll, tank or
filters, and to execute all such works as may be necessary in accordance with the bye-laws and regulations.
Provided that--
(a) no requisition shall be made under this section on any person who has been exempted from payment of
the property tax under sub-section (5) of Section 88; and
(b) no person shall be required under this section to expend a sum exceeding ten times the property tax on
any such building, with the land assessed with it as part of the same premises or, in the case of buildings
exempted under Sec. 88, ten times the property tax which would be payable on such building with the land
which would be assessed with it to the property tax, if such building were not exempt; and if any amount
exceeding the said sum is expended, the excess shall be borne by the council.
Section 151 Commissioner may close or limit the use of existing private drains
(1) Where a drain connecting any premises with a public drain or other place set apart by the council for
discharge of drainage is sufficient for the effectual drainage thereof and is otherwise unobjectionable, but is
not, in the opinion of the Commissioner, adapted to the general drainage system of the municipality or of
the part of the municipality in which such drain is situated, the Commissioner with the approval of the
council may
(a) subject to the provisions of sub-section (2), close discontinue or destroy the said drain and do any work
necessary for that purpose; or
(b) direct that such, drain shall, from such date as he specifies in this behalf, be used for sullage and sewage
only, or for water unpolluted with sullage or sewage only, and by notice require the owner of the premises
to make, at his own expense an entirely distinct drain for water unpolluted with sullage or sewage or for
sullage and sewage.
(2) No drain may be closed, discontinued or destroyed by the Commissioner under clause (a) of sub-section
(1), except on condition of his providing another drain as effectual for the drainage of the premises and
communicating with a public drain or other place aforesaid, and the expense of the construction of any
drain so provided by the Commissioner and of any work done under clause (a) of Section (1) shall be paid
by the council.
Section 152 Power of Commissioner to drain premises in combination
(1) When the Commissioner is of opinion that any group or block of premises, any part of which is situated
within thirty metres of a municipal drain already existing or about to be provided or in the process of
construction, may be drained more economically or advantageously in combination than separately, the
Commissioner may cause such group or block of premises to be drained and the expenses incurred by the
Commissioner in so doing shall be paid by the owners in such proportions as the Commissioner may
decide.
(2) Not less than fifteen days before any work under this section is commenced, the Commissioner shall
give notice to the owners of
(a) the nature of the intended work,
(b) the estimated expenses thereof, and
(c) the proportion of such expenses payable by each owner:
(3) The owners, for the time being, of the several premises constituting a group or block, drained under
sub-section (1), shall be the joint owners of every drain constructed, erected or fixed, or continued for the
special use and benefit only of such premises and shall, in the proportion in which it is determined that they
are to contribute to the expenses incurred by the Commissioner under sub-section (1), be responsible for
the expense of maintaining every such drain in good repair and efficient condition.
Section 153 Building etc., not to be erected without permission over drains
(1) Without the permission of the council, no person shall place or construct any fence, building culvert,
drain-covering, drain or other structure or any street, railway or cable over, under, in or across, any public
drain, or stop up, divert, obstruct or in any way interfere with, any public drain, whether it passes through
public or private ground.
(2) The Commissioner may remove or otherwise deal with anything placed or constructed in contravention
of Sub-section (1) as he shall think fit and the cost of so doing shall be recoverable from the owner thereof
in the manner provided in Section 364.
Section 154 Construction of culverts or drain coverings by owner or occupier
(1) The Commissioner may by notice require the owner or occupier of any building or land adjoining a
public street to construct culverts or drains-coverings over the side channels or ditches at the entrances to
the said building or land.
(2) All culverts or drain-coverings or pails maintained over side channels or ditches by the owners or
occupiers of adjacent buildings or lands shall be of such form and size and consist of such materials and be
provided with such means of ventilation as the Commissioner may by notice require and shall be
maintained and kept free from all obstruction at the expense of the said owners or occupiers.
Section 155 Power to regulate discharge of water from building or land
(1) The owner or occupier of any building in a public street shall, within fifteen days after receipt of notic
in that behalf from the Commissioner put up and thenceforward, keep and maintain in good condition
proper troughs and pipes built and fixed in accordance with the directions, if any, issued by the
Commisioner or contained in the bye-laws of the council, for catching and carrying the water from the roof
and other parts of such building and for discharging such water in such manner as the Commissioner may
permit.
(2) For the purposes of efficiently draining any building or land the Commissioner may, by notice-
(a) require any court-yard, alley or passage between two or more buildings to be paved by the owners of
such buildings with such materials and in such manner as may be approved by him; and
(b) require such pavement to be kept in proper repair.
Section 156 Provision of public latrines and urinals
The council shall, as far as the funds at its disposal may permit, provide and maintain in proper and
convenient places a sufficient number of public latrines and urinals and shall cause the same to be daily
cleaned and kept in proper order.
Section 156A Licensing of public latrines and urinals
(1) On receipt of an application from any person in the prescribed form and on payment of the fee
prescribed, the Commissioner may issue a licence for a period not exceeding one year for maintaining a
latrine or urinal for public use.
(2) No person shall keep or maintain a public latrine or urinal without a licence under sub-section (1).
(3) Every licensee of a public latrine or urinal shall maintain it cleanly and keep it in proper order.
Section 157 Provision of latrines by owner or occupier
(1) The municipal health officer may by notice require the owner or occupier of any building within the
time specified in such notice to provide a latrine or alter or remove from an unsuitable to a more suitable
place any existing latrine in acordance with the direction contained in such notice for the use of the persons
employed in or about or occupying such building and to keep it clean and in proper order.
(2) Every owner or occupier of the ground on which any group of six or more huts stand shall provide
latrines of such description and number and in such position as the municipal health officer may by notice
require within such time as may be fixed in the notice for the use of the inhabitants of such huts.
(3) Where the owner or occupier of the building or ground has made any default in providing any such
latrine within the time specified, the Chairperson may construct the latrine and may direct that the expense
of constructing it shall be recovered in the same manner as the property tax.
Section 158 Provision of latrines for labourers
Every person employing workmen, labourers or other persons exceeding ten in number, shall provide and
maintain for the separate use of persons of each sex so employed, latrines of such description and number
and in such position, as the municipal health officer may, by notice require, within such time as may be
fixed in the notice.
Section 159 Provision of latrines for markets, cart-stands, cattle sheds, choultries, etc.
The Municipal health-officer may by notice require the owner or manager of a market, cart-stand, cattle-
shed, coultry, theatre, railway station, dock, wharf or other place of public resort within the time specified
in such notice to provide and maintain for the separate use of persons of each sex, latrines of such
description and number and in such position as may be specified in such notice.
Section 160 Latrines to be screened from view and kept clean
All latrines shall be so constructed as to screen persons using the same and the filth from the view of the
persons passing by or residing in the neighbourhood and shall be kept clean and in proper order.
Section 161 Power to carry wire, pipes, drains, etc., through private property subject to causing as
little inconvenience as possible and paying for direct damage
The Commissioner may carry any cable, wire, pipe, drain or channel of any kind to establish or maintain
any system of drainage, water-supply or lighting, through, across, under, or over any road, street or place
laid out for a road or street, and after giving reasonable notice to the owner or occupier, through, across,
under, over or up the side of any land or building in the municipality and may place and maintain posts,
poles, standards, brackets or other contrivances, to support wires and lights on any pole or post in the
municipality not vested in the Government and may do all acts necessary for repairing or maintaining any
such cable, wire, pipe, drain, channel, post, pole, standard, bracket, or other similar contrivance in an
effective state for the purpose of which it is intended to be used or for removing the same: Provided that
such work shall be done so as to cause the least practicable nuisance or inconvenience to any person;
Provided further that the Commissioner shall, with the sanction of the council, pay compensation to any
person who sustains damage by the exercise of such power.
Section 162 Prohibition against making connection with mains without permission
(1) No person shall, without the permission of the Commissioner make any connection with any municipal
cable, wire, pipe, drain, channel or with the connection of any other person.
(2) The Commissioner may by notice require any connection made in contravention of Sub-section (1) to
be demolished, removed, closed, altered or remade.
Section 163 Powers in respect of works outside the municipality
(1) The council shall not undertake new works beyond the limits of the municipality without the sanction of
the Government.
(2) The Council may, in the execution and for the purpose of any works beyond the limits of the
municipality sanctioned by the Government whether before or after the passing of this Act, exercise all the
powers which it may exercise within the municipality throughout the line of the country through which
conduits, channels, pipes, line of posts and wires and the like run, and with the sanction of the Government.
(a) over any lake, tank or reservoir, from which a supply of water for drinking for producing electric energy
or for other purposes is derived and over all lands within one kilometre water level of any such lake, tank
or reservoir;
(b) over any water-course from which a supply of water for drinking for producing electric energy or for
other purposes is derived within one kilometer above and half kilometre below any point at which water is
taken for such area; and
(c) over any lands used for sewage, farms, sewage disposal tanks, filters and other works connected with
the drainage of the municipality.
CHAPTER 2 Scavenging
Section 164 Council to arrange for the removal of rubbish and filth and for the preparation and sale
of compost
The council shall make adequate arrangements for--
(a) the regular sweeping and cleaning of the streets and removal of sweeping therefrom:
(b) the daily removal of filth and carcasses of animals from private premises;
(c) the daily removal of rubbish from dust-bins and private premises, and with this object, it shall provide-
(i) depots for the deposits of filth, rubbish and the carcasses of animals;
(ii) covered vehicles or vessels for the removal of filth;
(iii) vehicles or other suitable means for the removal of the carcasses of large animals and rubbish;
(iv) dust-bins for the temporary deposit of rubbish;
(d) utilization of road sweepings, rubbish and filth for preparation of compost and its sale;
(e) the utilization of carcasses of animals for the supply of bones for the purpose of manures and its sale.
Section 165 Contribution from persons having control over places of pilgrimage
Where a mosque, temple, mutt, or any place of religious worship or instruction or any place which is used
for holding fairs, festivals or for other like purpose, is situated within the limits of a municipality or in the
neighbourhood thereof and attracts either throughout the year or in particular occasions a large number of
persons any special arrangements necessary for public health, safety or convenience whether permanent or
temporary shall be made by the council and the council may require the trustee or other person having
control over such place to make such recurring or non-recurring contribution as the Government may
determine to the funds of the council
Section 166 Prohibition of improper disposal of carcasses, rubbish and filth
No person shall, after due provision has been made under Section 164 by the council for deposit and
removal of the same,
(a) deposit the carcasses of animals, rubbish or filth in any street, or on the varandah of any building, or on
any unoccupied ground alongside any street or any public quarry, jetty or landing place, or on the bank of a
water-course or tank; or
(b) deposit filth or carcasses of animals in any dust-bin or in any vehicle not intended for the removal of the
same; or
(c) deposit rubbish in any vehicle or vessel intended for the removal of filth save for the purpose of
deodorizing or disinfecting the filth.
Section 167 Prohibition against keeping night-soil, etc.
No owner or occupier of any premises shall keep or allow to be kept for more than forty-eight hours night-
soil, putrid, putrefying substances or any offensive matter on such premises of any building or on the roof
thereof or in any out-building, or any place thereof, or fails to comply with any requisition of the municipal
health officer as to the construction, repair, paving or cleaning of any latrine, on or belonging to, his
premises.
Section 168 Prohibition against allowing out flow of filth
No owner or occupier of any premises shall allow water from any sink, drain, latrine or stable, or any other
filth to flow out of such premises to any portion of a street except a drain or a cesspool or to flow out of
such premises in such manner as to cause an avoidable nuisance by the soakage of the said water or filth
into the walls or grounds at the side of a drain forming a portion of a street.
Section 169 Prohibition against using any cart without cover in the removal of filth, etc.
No person shall, in the removal of filth, use any cart or receptacle not having a proper covering for
preventing the escape of the contents thereof, or of the stench therefrom, or intentionally or negligently
spill any filth in the removal thereof, or omit carefully to sweep and clean every place in which any such
filth has been spilled or placed or set down in any public place any filth whether in a vessel closed or open.
Section 170 Prohibition against throwing rubbish or filth into drains
No person shall put or cause to be put any rubbish or filth into any public drain not intended for rubbish or
filth or into any drain communicating with any such public drain.
Section 170A Disposal of waste
Every Municipal Council shall arrange for the disposal of the waste collected by it in such manner as may
be prescribed.
CHAPTER 3 Streets
Section 171 Maintenance and repair of streets
(1) The Council shall, at the cost of the municipal fund, cause the public streets and bridges to be
maintained and repaired and may, from the same fund, meet the cost of all improvements to the same
which are necessary or expedient for the public safety or convenience.
Provided that the powers of the council under this sub-section shall also be exercisable by the Chairperson
where the cost of maintenance, repair or improvement does not exceed
(a) rupees one thousand five hundred per annum in the case of second grade or third grade municipality;
(b) rupees three thousand per annum in the case of any other municipality.
(2) The council may entrust to any other local authority with the consent of such authority the maintenance
of any public street or portion thereof, the cost of maintenance being provided by the Council.
Section 171A Government's power to repair the public streets vested in the Municipal Council
(1) Notwithstanding anything contained in this Act, it shall be competent for the Government or any other
agency authorised by them in this behalf to exercise the powers of the Council and the Commissioner
vested in them by or under this Act for the purpose of repairing the public streets and bridges vested in the
Council and also to lay new roads at their own expense in public interest.
(2) For the purpose of enabling the Government or the agency authorised by them to undertake repairs
under sub-section (1), the public streets and bridges shall vest in the Government temporarily from a date to
be notified by them in this behalf and thereupon it shall be competent for the Government to take over
possession of the public streets and bridges from the said date. The public streets and bridges or any new
roads laid under sub-section (1) shall continue to vest in the Government until the notification is revoked
and thereafter stand transferred to the Council.
(3) It shall be the duty of the Council and the Commissioner to carry out any directions issued by the
Government for the purposes of sub-sections (1) and (2).
Section 172 Powers of municipal authorities
(1) The council may--
(a) lay out and make new public streets;
(b) construct bridges and sub-ways;
(c) turn, divert or with the special sanction of the Government permanently close any public street or part
thereof;
(d) widen, open, extend or otherwise improve any public street.
(2) The owners and occupiers of any land or buildings which are acquired for, or affected by any such
purposes shall be paid such reasonable compensation as may be determined by the executive commitee.
Section 173 Power to dispose of permanently closed streets
(1) When a public street is permanently closed under Section 172 the council may, with the sanction of the
Government, dispose of the site or of so much thereof as is no longer required in such manner as may be
approved by the Government, provided that due compensation is made to any person injured by such
closing.
(2) In determining such compensation, allowance shall be made for any benefit accuring to the same
premises or any adjacent premises belonging to the same owner from the construction or improvement of
any other public street, at or about the same time that the public street, on account of which the
compensation is paid, is closed.
Section 174 Acquisition of land and buildings for improvement of streets
(1) The council may acquire-
(a) any land required for the purpose of turning, diverting, opening, widening, extending, or otherwise
improving any public street, or of making any new public street, and the buildings, if any, standing upon
such land; and
(b) any land outside the proposed street alignment, with the buildings, if any, standing thereupon:
Provided that in any case in which it is decided to acquire any land under clause (b) of this sub-section, the
owner of such land may retain it by paying to the council an annual sum to be fixed by the council in that
behalf, or a lumpsum to be fixed by the council, not being less than twenty-five times such annual sum and
subject to such conditions as the council thinks fit as to the removal of the existing building, if any, the
description of the new building, if any, to be erected, the period within which the new building, if any, shall
be completed and any other similar matters.
(2) If any sum payable in pursuance of the proviso to sub-section (1) in respect of any land be not duly
paid, it shall be recoverable in the manner provided by this Act for the collection of taxes, and, if not so
recovered, the Commissioner may enter upon the land, and sell it, with any erections standing thereon, by
public auction subject to the conditions, if any, imposed under sub-section (1) above and may deduct the
said sum and the expenses of the sale from the proceeds of the sale and shall pay the balance, if any, to the
defaulter.
(3) Any sum paid in pursuance of the proviso to sub-section (1) or recovered under sub-section (2) in
respect of any land shall be left out of account in determining the capital value or the annual rental value of
such land for the purpose of assessing it to the property tax.
(4) Any land or building acquired under clause (b) of sub-section (1) may be sold, leased or otherwise
disposed of after public advertisements, and any conveyance made for that purpose may comprise such
conditions as the council think fit as to the removal of the existing building, if any, the description of the
new building, if any, to be erected, the period within which the new building, if any, shall be completed and
any other similar matters.
(5) The council may require any person to whom any land or building is transferred under sub-section (4)
to comply with any conditions comprised in the said conveyance before it places him in possession of the
land or building.
Section 175 Power to specify building line and street alignment
(1) The council may -
(a) specify for any public street a building line or a street alignment or both;
(b) from time to time, define a fresh line in substitution for any line so defined or for any part thereof:
Provided that in either case--
(i) at least one month before the meeting of the council at which the matter is decided, public notice of the
proposal has been given and special notice thereof has also been put up in the street or part of the street for
which such line is proposed to be defined, and
(ii) the council has considered all objections to the said proposal made in writing and delivered at the
municipal office not less than three clear days before the day of such meeting.
(2) A register with plans attached shall be kept by the Commissioner showing all publicities in respect of
which a building, lane or street alignment or both have been specified and such register shall contain such
particulars as may appear to the Commissioner to be necessary and shall, at all reasonable times, be open
for public inspection.
Section 176 Buildings not to be constructed within street alignment or building line
(1) No person shall construct any portion of any building within a street alignment defined under Section
175.
(2) No person shall erect or add to any building between street alignment and a building line defined under
Section 175 except with the permission of the Commissioner who may, when granting the permission,
impose such conditions as the council may lay down for such cases.
Section 177 Setting back projecting buildings or walls
(1) When any building or part thereof abutting on a public street is within a street alignment defined under
Section 175, the Commissioner may, whenever it is proposed--
(a) to rebuild such buildings or take it down to an extent exceeding one half thereof above the ground level,
such half to be measured in cubic centimetres, or
(b) to remove, reconstruct or make any addition, to any portion of such building which is within the street
alignment, by an order require such building, addition or alteration to be set back to the street alignment;
Provided that such setting back shall not be required in respect of such building or a portion thereof which
has not been demolished and rebuilt.
(2) When any building or any part thereof within the street alignment falls down or is burnt down or is,
whether by order of the Commissioner or otherwise, taken down, or when any private land without any
building thereon lies within the street alignment, the Commissioner may forthwith take possession on
behalf of the council of the portion of land within the street alignment, and if necessary, clear it.
(3) Land acquired under this section shall be deemed to be a part of the public street and shall vest in the
council.
(4) When any building is set back in pursuance of any requisition made under sub-section (1), or when the
Commissioner takes possession of any land under sub-section (2), the council shall, within ninety days
from the date of such setting backing or taking possession, make full compensation to the owner for any
direct damage which he may sustain thereby.
Explanation:- The expression `direct damage', as used in sub-section (4) with reference to land, means the
market value of the land taken and the depreciation, if any, in the ordinary market value of the rest of the
land resulting from the area being reduced in size; but does not include damage due to the prospective loss
of any particular use to which the owner may allege that he intended to put the land, although such use may
be injuriously affected by the reduction of the site.
Section 178 Setting buildings forward to improve line of street
The council may, upon such terms as it thinks fit, allow any building to be set forward for the purpose of
improving the line of a public street and may, by notice, require any building to be so set forward in the
case of re-construction thereof or of a new construction.
Explanation: - For the purpose of this section, a wall separating a premises from a public street shall be
deemed to be a building; and shall be deemed a sufficient compliance with permission or requisition to set
forward a building to the street alignment, if a wall of such material and dimensions as are approved by the
Commissioner is erected along the side line.
Section 179 Projected streets
(1) The council may prepare schemes and plans of proposed public streets showing the direction of such
streets, the street alignment and building line on each side of them, their intended width and such other
details as may appear desirable.
(2) The width of such proposed streets shall not ordinarily be less than twelve metres, or in any area
covered by huts, nine metres.
(3) It shall be the duty of the council to lay out public streets in areas covered by huts, so far as may be
practicable, both for the purpose of securing proper ventilation for huts in such areas, and in view of the
contingency of buildings being erected therein.
(4) When any plan has been prepared under sub-section (1) the street to which it refers shall be deemed to
be a projected public street, and the provisions of Section 177 shall apply to all buildings, so far as they
stand across the street alignment or building line of the projected street.
Section 180 Watering of streets
The council shall, so far as it considers it requisite for the public convenience, and so far as funds permit,
cause the chief public streets to be watered, and for that purpose may provide such water-carts, animals and
apparatus as it thinks necessary.
Section 181 Temporary closure of streets
The Commissioner may by an order in writing temporarily close any street to traffic for repair, or in order
to carry out any work connected with drainage, water-supply or lighting or any of the purposes of this Act;
Provided that such work shall be completed and such street re-opened to traffic with all reasonable speed.
Section 182 Protection of appurtenances and materials of streets
It shall not be lawful for any person, without the permission of the Commissioner, to displace, take up, or
make any alteration in the fences, posts, pavements, flags or other materials of any public street.
Section 183 Power of municipality to recover expenses caused by extraordinary traffic
When by a certificate of an officer of the Government of a rank not below that of Executive Engineer it
appears to the council, that having regard to the average expense of repairing roads in the neighbourhood,
extraordinary expenses have been incurred by the council in repairing a street by reason of the damage
caused by excessive weight passing along the street, or extraordinary traffic thereon, the council may
recover, in the civil court, having jurisidiction, from any person by or in consequence of whose order such
weight or traffic has been conducted, the amount of such expenses as may be proved to the satisfaction of
such court to have been incurred by such council by reason of the damage arising from such weight or
traffic as aforesaid;
Provided that any person against whom expenses are or may be recoverable under this section, may enter
into an agreement with the council for the payment to it of a compensation in respect of such weight or
traffic and thereupon the persons so paying shall not be subject to any proceedings under this section.
Private Streets.
Section 184 Owner's obligation to make a layout and to form a street or road when disposing of lands
as building sites
(1) The owner of any agricultural land who intends to utilise or sell such land for building purposes shall
pay to the council such conversion fee as may be fixed by the council, not being less than twenty-five paise
and not more than one rupee per square metre:
Provided that no such conversion fee shall be payable where an agricultural land belonging to charitable,
religious or such other institutions as may be prescribed is intended to be utilised or sold for building
purposes.
(2) The owner of any land shall, before he utilises, sells, leases, or otherwise disposes of such land or any
portion thereof, as sites for construction of buildings-
(a) make a layout and form a street or road giving access to sites and connecting them with an existing
public or private street except in the cases where the sites abut on an existing public or private street;
(b) set apart in the layout adequate area of land on such a scale as may be prescribed for a play-ground, a
park, an educational institution or for any other public purpose.
(3) Unless the conditions specified in Clauses (a) and (b) of Sub-section (2) are satisfied, the owner shall
not be entitled to utilise, sell, lease, or otherwise dispose of his land or any portion thereof for the
construction of buildings.
(4) No permission for the construction of buildings in such land or portion thereof shall be granted unless
(i) the street or road as required in clause (a) of sub-section (2) is laid out and the condition required in
clause (b) thereof is fulfilled:
(ii) all layouts indicating sub-divisions of land, however small they are, are approved by the council;
(iii) any proposal for sub-division before it is registered in the records of the municipality is certified by the
town planning officer as having been approved;
(iv) in all cases of sub-division--
(a) the plot is not less than the size fixed by the council from time to time;
(b) the streets and lanes proposed conform to the minimum standards fixed by the council.
(v) a copy of the title deed of the land duly attested by a Gazetted Officer of the Government together with
an urban land ceiling clearance certificate, in case the extent of land exceeds the ceiling limit and if it does
not exceed the ceiling limit an affidavit declaring that the total extent of land held by such holder, his or her
spouse and unmarried minor children does not exceed the ceiling limits are furnished.
Section 185 Making of a layout and forming of new private streets or road
(1) Any person intending to make a layout and form a new private street or road shall send to the municipal
office a written application with plans and sections showing the following particulars namely:-
(a) the intended level, direction and width of the street:
(b) the street alignment and the building line:
(c) the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining,
conserving, lighting the street, and the provision for water-supply mains; and
(d) the area set apart for public purposes under clause (b) of sub-section (2) of Section 184.
(e) a copy of the title deed of the land duly attested by a Gazetted Officer of the Government together with
an urban land ceiling clearance certificate, or as the case may be an affidavit, referred to in Section 184.
(2) In addition to the particulars referred to in sub-section (1), such person shall-
(i) where there is conversion of agricultural land, enclose a certificate to the effect that conversion fees as
required under sub-section (1) of Section 184 has been paid; and
(ii) for the purpose of fulfilling the obligations imposed under Section 184, deposit as security such
amount, as may be prescribed, in the municipal treasury, or give as security in favour of the municipality
and such extent of the land, and of such value, as may be prescribed, in the area covered by his layout.
(3) The Commissioner shall, within fifteen days from the date of its receipt in the municipal office, call for
further particulars, where necessary or forward the same to the Director of Town Planning. Where further
particulars are called for, they shall be furnished by the applicant within ten days from the date of receipt of
the notice by him, and the Commissioner shall forward to the Director of Town Planning, the layout plan
with full particulars within a period of fifteen days from the date of receipt of particulars from the
applicant. The Director of Town Planning shall, within sixty days from the date of receipt of the layout plan
in his office, forward his recommendations to the municipality. The council may, within sixty days from
the date of receipt of the recommendation of the Director of Town Planning, sanction the layout having due
regard to such recommendations and subject to such conditions as it may deem fit or refuse to sanction for
reasons to be recorded in writing.
(4) Such sanction may be refused on any of the following grounds namely--
(i) if, in the opinion of the council, the proposed street or road is likely to distrub any arrangements made or
to be made, for carrying out of any general scheme for the laying out of street or road either in the master
plan or a detailed town planning scheme prepared therefor under the relevant law relating to the town
planning for the time being in force;
(ii) if the proposed street or road in the layout does not conform to the provisons of the Act or the rules
made thereunder;
(iii) if the proposed street or road is not so designed as to connect atleast at one end with a street which is
already open; or
(iv) if adequate area has not been set apart for public purposes under clause (b) of sub-section (2) of
Section 184,
(v) if a copy of the title deed of the land duly attested by a Gazetted Officer of the Government together
with an urban land ceiling clearance certificate, or as the case may be, an affidavit referred to in Section
184 are not furnished as required under sub-section (1) thereof;
(5) No person shall make a layout and form any new private street or road without, or otherwise than in
conformity with, the orders of the council. If further information is called for, no steps shall be taken to
make a layout and form the street or road until orders are passed in that regard. Any application not
disposed of within a period of one hundred and fifty days from the date of receipt in the municipal office of
the required particulars in respect of such application shall be deemed to have been sanctioned in
accordance with the provisions of this Act.
Section 186 Alteration or demolition of street or road made in breach of Section 185
(1) If any person mkes a layout and forms any street or road referred to in Section 185 without, or
otherwise than in conformity with, the orders of the council, the Commissioner may, whether or not such
person be prosecuted under this Act, by notice-
(a) require such person to show sufficient cause, by a written statement signed by him and sent to the
Commissioner on or before such days as may be specified in the notice, why such street or road should not
be altered to the satisfaction of the Commissioner or if such alteration is impracticable, why such street or
road should not be demolished; or
(b) require such person to appear before the Commissioner either personally or by a duly authorised agent
on such day and at such time and place as may be specified in the notice, and show cause as required in
clause (a).
(2) If any person on whom such notice is served fails to show cause to the satisfaction of the Commissioner
why such street or road should not be so altered or demolished, the Commissioner may pass an order
directing the alteration or demolition of such street or road.
Section 187 Power of Commissioner to order work to be carried out or to execute it in default
(1) Where any private street or road or part thereof, is not levelled, paved, metalled, flagged channelled,
sewered, drained, conserved or lighted, or where in any street or road water supply mains are not laid, to
the satisfaction of the Commissioner, he may, by notice, require the owner of the land which abuts on such
street or road or part thereof to carry out any work specified in such notice within such time as is fixed
therein.
(2) Where such work is not carried out within the time specified in the notice, the Commissioner may, if he
thinks fit, execute it and the expenses incurred therefor as determined by him shall be paid by the owner.
(3) Where the owner of such land fails to pay the expenses due from him under sub-section (2), the
Commissioner shall deduct the same from the deposit made by him or, as the case may be, from the amount
realised by auctioning the land given as security by him, under clause (ii) of sub-section (2) of Section 185
and refund to him the balance, if any. Where the deposit or the amount realised by auctioning the land
given as security is not sufficient to meet the expenses, the balance of the exepenses, shall be recovered
from him in the same manner as property tax.
(4) The amount deposited or the land given as security, under clause (ii) of sub-section (2) of Section 185,
may be refunded or released only on the production of a certificate from the municipal engineer that the
owner has fulfilled the obligations imposed under this section and Section 184 or where the council is
satisfied that the owner has given up his intention to make a layout and form a new private street or road.
Explanation:- In this section, 'the owner' means the person referred to in Section 185.
Section 188 Right of owner to require street to be declared public
If any street has been levelled, paved, metalled, flagged, channelled, drained, conserved and lighted under
the provisions of Section 187, such street shall, on the requisition of not less than three-fourths of the
owners thereof, be declared a public street by notification in the District Gazette, or, where there is no such
District Gazette, in the Andhra Pradesh Gazette. Encroachments on streets
Section 189 Prohibition against obstruction in, or over streets
No one shall build any wall or erect any fence or other obstruction or projection or make any encroachment
in or over any street except as hereinafter provided.
Section 190 Streets open to all
All streets vested in, or to be vested in, or maintained by a council, shall be open to all persons.
Section 191 Prohibition and regulation of doors, ground-floor windows and bars opening outwards
(1) No door, gate, bar or ground-floor window shall, without a licence from the Commissioner, be hung or
placed so as to open outwards upon any street.
(2) The Commissioner may, by notice, require the owner of such door, gate, bar or window to alter it so
that no part thereof when open shall project over the street.
Section 192 Removal of encroachments
(1) The Commissioner may cause to be removed or altered
(a) any projection, encroachment or obstruction (other than a door, or gate or a necessary access thereto, or
bar or ground floor windows) situated against, or in front of such premises and in, or over any street;
(b) any article whatsoever, hawked or exposed for sale in a public place or in any public street in
contravention of the provisions of this Act, together with any vehicle, package, box or any other thing in or
on which such article is placed.
(2) If the owner or occupier of the premises proves that any such projection, encroachment or obstruction
under clause (a) of sub-section (1) has existed for a period sufficient under the law of limitation to give any
person a prescriptive title thereto or that it was erected or made with the permission or licence of any
municipal authority duly empowered in that behalf, and that the period, if any, for which the permission or
licence is valid has not expired, the council shall make reasonable compensation to every person who
suffers damage by the removal or alteration of the same.
(3) No decision made or order passed or proceeding taken by the Commissioner effecting removal of
encroachments shall be called in question before a civil court in any suit, application or other proceeding
and no injunction shall be granted by any court in respect of any proceeding taken by the Commissioner.
Section 193 Power to allow certain projections and erections
(1) The Commissioner may grant a licence, subject to such conditions and restrictions as he may think fit,
to the owner or occupier of any premises to put up verandahs, balconies, sun-shades, weather-frames and
the like, to project over a street, or in streets in which the construction of arcades has been sanctioned by
the Commissioner to put up an arcade, or to construct any step or drain-covering necessary for access to the
premises.
(2) The Commissioner may grant a licence subject to such conditions and restrictions as he may and think
fit, for the temporary erection of pandals and other structures, in a street vested in the council or in any
other public place, the control of which is vested in the council.
(3) The Commissioner shall have power to lease road sides and street margins vested in the Council for
occupation for a temporary purpose on such terms and conditions and for such period not exceeding thirty
days as the Commissioner may fix.
(4) But neither a licence under sub-section (1) nor a lease under sub-section (3) shall be granted if the
projection, construction or occupation is likely to be injurious to health or cause public inconvenience or
otherwise materially interfere with the use of the road as such.
(5) The exercise by the Commissioner of the powers under this section shall be in accordance with such
rules as the Government may make in this behalf.
(6) On the expiry of any period for which a licence or lease has been granted under this section, the
Commissioner may, without notice, cause any projection or construction put up under sub-section (1) or
sub-section (2) to be removed, or cause the occupier to be evicted and the cost of so doing shall be
recoverable in the manner provided in Section 364 from the person to whom the licence or lease was
granted.
Section 194 Power to evict certain persons from municipal premises
(1) If the Commissioner is satisfied--
(a) that a person authorised to occupy any premises vesting in or belonging to, the council has, whether
before or after the commencement of this Act--
(i) Not paid rent lawfully due from him in respect of such premises for a period of more than three months;
(ii) sublet, without the permission of the council, the whole or any part of such premises;
(iii) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised
to occupy such premises, or
(b) that any person without the previous permission or licence from the council is in unauthorised
occupation of any premises of the council, he may notwithstanding anything in any law for the time being
in force, by notice served by post, or by affixing a copy of it on the outer door or some other conspicuous
part of such premises, or in such other manner as may be prescribed, order that such person as well as any
other person, who may be in occupation of the whole or any part of the premises shall vacate the same
within one month of the date of the service of the notice, and where such notice relates to any land shall
also remove any building or other construction or anything deposited on it.
(2) If any person refuses or fails to comply with an order made under sub-section (1), the Commissioner
may, after giving such person an opportunity of making his representation, confirm such order and evict
that person from, and take possession of, the premises and may for that purpose use such force as may be
necessary.
(3) If a person, who has been ordered to vacate any premises under sub-clause (i) or sub-clause (iii) of
clause (a) of sub-section (1) within one month of the date of service of the notice or such longer time as the
competent authority may allow pays to the council, the rent in arrears or as the case may be, carries out or
otherwise complies with the terms contravened by him to the satisfaction of the Commissioner, the
Commissioner shall, in lieu of evicting such person under sub-section (2), cancel his order made under sub-
section (1) and thereupon such person shall hold the premises on the same terms on which he held them
immediately before such notice was served on him.
(4) If any damage to the property of the council is caused by any person occupying any such premises, he
shall be liable to pay such compensation to the council for the damage as may be fixed by the council, and
the amount of such compensation shall, in case of dispute, be determined and recovered in the manner
hereinafter provided.
Explanation:- For the purpose of this section, the term "premises" shall mean any land or building or part of
a building and includes
(i) gardens, grounds and out-houses, if any, appertaining to such building or part of a buildings, and
(ii) any fittings affixed to such building, or part of a building for the more beneficial enjoyment thereof.
Section 195 Precautions during repairs of streets
(1) The Municipal Engineer or where there is no Municipal Engineer, the Commissioner shall during the
construction or repair of any street, drain or premises vested in the council--
(a) cause the same to be fenced and guarded;
(b) take proper precautions against accident by shoring up and protecting the adjoining building; and
(c) cause such bars, chains or posts to be fixed across or in any street in which any such work is under
execution as are necessary in order to prevent the passing of vehicles or animals and avert danger.
(2) The said officer shall cause such drain, street, or premises to be sufficiently lighted or guarded during
the night while under construction or repair.
(3) The said officer shall, with all reasonable speed, complete the said work, fill in the ground and repair
the said drain, street, or premises and remove the rubbish occasioned thereby.
Section 196 Prohibition against removal of bars and lights
No person shall without lawful authority, remove any bar, chain, post or shoring timber or remove or
extinguish any light set up under Section 195.
Section 197 Prohibition against making holes and causing obstruction
(1) No person shall make a hole or cause obstruction in any street, unless he previously obtains the written
permission of the Commissioner and complies with such conditions as the Commissioner may impose.
(2) When such permission is granted, such person shall at his own expense, cause such hole or obstruction
to be sufficiently fenced and enclosed until the hole or obstruction is filled up or removed and shall cause
such hole or obstruction to be sufficiently lighted during the night.
Section 198 Licence for work on buildings likely to cause obstruction
If any person intends to construct or demolish any building or to alter or repair the outward part thereof,
and if any street or foot-way is likely to be obstructed or rendered inconvenient by means of such work, he
shall first obtain a licence from the Commissioner in that behalf and shall also--
(a) cause the said building to be fenced and guarded;
(b) sufficiently light it during the night; and
(c) take proper precautions against accidents during such time as the public safety or convenience requires.
Section 199 Clearing of debris of fallen houses etc., by occupier
If any obstruction is caused in any street by the fall of trees, structures or fences, the owner or occupier of
the premises concerned shall, within twelve hours of the occurrence of such fall, or within such further
period as the Commissioner may by notice allow, clear the street of such obstruction.
Section 199A Punishment for destroying road direction
Whoever without authorisation from the Commissioner, defaces, disturbs or destroys or damages any
municipal direction post, lamp post, or lamp or extinguishes any municipal light in public place, shall be
punishable with fine which may extend to rupees five hundred.
Section 200 Naming of public streets
(1) The council shall give names to all public streets and may, with the approval of the Government, alter
the name of any public street.
(2) The Municipal Engineer or where there is no Municipal Engineer, the Commissioner shall cause to be
put up or painted in English and in the main language of the district on a conspicuous part of some
buildings wall or place, at or near each end, corner or entrance, the name of every public street.
(3) No person shall, without lawful authority, destroy, pull down, or deface any such name or put up any
name different from that put up by order of the said officer.
Section 201 Numbering of buildings
(1) The Commissioner shall cause a number to be affixed or painted to the side or outer door of any
building or to some place at the entrance of the premises.
(2) No person shall, without lawful authority, destroy, pull down or deface any such number.
(3) When a number has been affixed or painted under sub-section (1) the owner of the building shall be
bound to maintain such number and to replace it, if removed or defaced; and if he fails to do so, the
Commissioner may, by notice, require him to replace it.
CHAPTER 4 Building Regulations
Section 202 Construction of buildings for public worship
No site shall be used for the construction of a building intended for public worship if the construction of a
building thereon will wound the religious feelings of any class of persons.
Section 203 Permission for construction of new building not to be granted on certain sites
No permission shall be granted for the construction of new building on any site which has been filled up
with faceal or offensive vegetable or animal matter or upon which any such matter has been deposited
unless the Municipal Health Officer certifies that such matter has been properly removed by excavation or
otherwise or has become or been rendered innocuous.
Section 204 Building site and construction of buildings
No piece of land shall be used as a site for the construction of a building and no building shall be
constructed or reconstructed otherwise than in accordance with the provisions of this part and of any rules
or bye-laws made under this Act, relating to the use of building sites or the construction or reconstruction
of buildings;
Provided that the Government may, in respect of all municipalities or with the consent of the council, in
respect of any particular municipality or portion thereof, exempt all buildings or any class of buildings
from all or any of the provisions of this chapter or the said rules.
Section 205 Powers of council to regulate future construction of certain classes of buildings in
particular streets or localities
(1) The council may give public notice of its intention to declare--
(a) that in any streets or portions of streets specified in the notice--
(i) continuous building will be allowed;
(ii) the elevation and construction of the frontage of all buildings thereafter constructed or reconstructed
shall, in respect of their architectural features, be such as the council may consider suitable to the locality;
or
(b) that in any localities specified in the notice, the constrution of only detached buildings will be allowed;
or
(c) that in any streets, portions of streets or localities specified in the notice, the construction of shops,
warehouses, factories, huts or buildings of a specified architectural character, or buildings destined for
particular uses, will not be allowed without the special permission of the council.
(2) No objections to any such declaration shall be received after a period of three months from the
publication of such notice.
(3) The council shall consider all objections received within the said period and may then confirm the
declaration, and before doing so, may modify it but not so as to extend its effect.
(4) The Commissioner shall publish any declaration so confirmed and it shall take effect from the date of
publication.
(5) No person shall, after the date of publication of such declaration, construct or reconstruct any building
in contravention of any such declaration.
Section 206 Buildings at corner of streets
(1) The Council may require any building intended to be erected at the corner of two streets to be rounded
off or splayed off to such height and to such extent otherwise as it may determine and may acquire such
portion of the site at the corner as it may consider necessary for public convenience or amenity and for any
land so acquired the council shall pay compensation.
(2) In determining such compensation, allowance shall be made for any benefit accruing to the same
premises from the improvement of the streets.
Section 207 Prohibition against use of inflammable materials for buildings without permission
No external roof, varandah, pendal or wall of a building shall be constructed or reconstructed of grass,
leaves, mats or other inflammable materials, except with the permission of the Commissioner.
Section 208 Prohibition against constructing doors, ground-floor windows and bars so as to open
outwards
No door, gate, bar or ground-floor window which opens on any public street shall be constructed or
reconstructed so as to open outwards except with the licence of the Commissioner under Section 191.
Building other than Huts
Section 209 Application to construct or reconstruct buildings
(1) If any person intends to construct or reconstruct a building other than a hut, he shall send to the
Commissioner--
(a) an application in writing for the approval of the site, together with a site plan of the land, and
(b) an application in writing for permission to execute the work together with ground-plan, elevations and
sections of the building, and a specification of the work.
(c) a copy of the title deed of the land duly attested by a Gazetted Officer of the Government together with
an urban land ceiling clearance certificate or as the case may be, an affidavit referred to in Section 184.
Explanation:- `Building' in this sub-section shall include a wall or fence of whatever height bounding or
abutting on any public street.
(2) Every document furnished under sub-section (1) shall contain such particulars and be prepared in such
manner as may be required under rules or bye-laws.
Section 210 Necessity for prior approval of site
The Commissioner shall not grant permission to construct or reconstruct a building unless and until it has
approved of the site or an application made under Section 209.
Section 211 Prohibition against commencement of work without permission
The construction or reconstruction of a building shall not be begun unless and until the Commissioner has
granted permission for the execution of the work.
Section 212 Period within which Commissioner is to signify approval or disapproval
Within sixty days after the receipt of any application made under Section 209 for approval of a site or of
any information or further information required under rules or bye-laws, the Commissioner shall, by
written order, either approve the site or refuse on one or more of the grounds mentioned in Section 215 to
approve the site.
Section 213 Period within which Commissioner is to grant or refuse to grant permission to execute
work
Within sixty days after the receipt of any application made under Section 209 for permission to execute any
work or of any information or of documents or further information or documents required under rules or
bye-laws, the Commissioner shall by written order either grant such permission or refuse on one or more of
the grounds mentioned in Section 215 to grant it;
Provided that the said period of sixty days shall not begin to run until the site has been approved under
Section 212.
Section 214 Effect of delay in grant or refusal of approval or permission
If within the period prescribed by Section 212 or Section 213, as the case may be, the Commissioner has
neither given nor refused its approval of a building site, or its permission to execute any work, as the case
may be, such approval or permission shall be deemed to have been given; and the applicant may proceed to
execute the work, but not so as to contravene any of the provisions of this Act or any rules or bye-laws
made under this Act.
Section 215 Grounds on which approval of sites for or licence to construct or reconstruct building
may be refused
The only grounds on which approval of a site for the construction or reconstruction of a building or
permission to construct or reconstruct a building may be refused are the following, namely:-
(1) that the work, or use of the site for the work or any of the particulars comprised in the site plan, ground
plan elevations, sections or specifications would contravene some specified provision of any law or some
specified order, rule, declaration or bye-laws made under any law.
(2) that the application for such permission does not contain the particualrs or is not prepared in the manner
required under rules or bye-laws;
(3) that any of the documents referred to in Section 209 have not been signed as required under rules or
bye-laws;
(4) that any information or a copy of the title deed of the land duly attested by a Gazetted Officer of the
Government together with an urban land ceiling clearance certificate, or as the case may be, an affidavit
referred to in Section 184 are not furnished or documents required by the Commissioner under rules or bye-
laws have or have not been duly furnished.
(5) that streets or roads have not been made as required by Section 184.
(6) that the proposed building would be an encroachment upon Government or municipal land.
Whenever the Commissioner refuses to approve a building site for a building or to grant permission to
construct or reconstruct a building, the reasons for such refusal shall be specifically stated in the order.
Section 216 Lapse of permission
If the construction or reconstruction of any building is not completed within the period specified, the
permission shall lapse and a fresh application shall be made before the work is continued.
Section 217 Power to require alteration of work
(1) If the Commissioner finds that the work--
(a) is otherwise than in accordance with the plans or specifications which have been approved; or
(b) contravenes any of the provisions of this Act or any bye-law, rule, order of declaration made thereunder
he may, by notice, require the owner of the building within a period stated either--
(i) to make such alterations as may be specified in the said notice with the object of bringing the work into
conformity with the said plans or provisions; or
(ii) to show cause why alteration should not be made.
(2) If the owner does not show cause as aforesaid, he shall be bound to make the alterations specified in
such notice.
(3) If the owner shows cause as aforesaid, the Commissioner shall by an order cancel the notice issued
under sub-section (1), or confirm the same subject to such modifications as it may think fit.
Section 218 Stoppage of work endangering human life
Notwithstanding anything in any of the preceding sections the Town Planning Officer may, at any time,
stop the construction or reconstruction of any building if in his opinion the work in progress endangers
human life and shall report the fact to the Commissioner who shall have powers to pass such orders as he
thinks fit for reasons to be recorded in writing.
Section 219 Application of certain sections to wells
The provisions of Section 209, Section 210, Section 211, Section 216, Section 217 and Section 221 shall,
so far as may be, apply to a well.
Section 220 Application to construct or reconstruct huts
(1) Every person who intends to construct or reconstruct hut shall send to the Commissioner.
(a) an application for permission to execute the work; and
(b) a site plan of the land.
(2) Every such application and plan shall contain the particulars and be prepared in the manner required by
rules or bye-laws.
Section 221 Prohibition against commencement of work without permission
The construction or reconstruction of a hut shall not be begun, unless and until the Commissioner has
granted permission for the execution of the work on an application sent to him under Section 220
Section 222 Period within which Commissioner is to grant or refuse to grant permission to execute
the work
Within fourteen days after the receipt of any application made under Section 220 for permission to
construct or reconstruct a hut or of any information or plan or further information or fresh plan required
under rules or bye-laws, the Commissioner shall, by written order, either grant such permission or refuse on
one or more of the grounds mentioned in Section 224 to grant it.
Section 223 Effect of delay in grant or refusal of permission
If within the period prescribed by Section 222, the Commissioner has neither granted nor refused to grant
permission to construct or reconstruct a hut such permission, shall be deemed to have been granted and the
applicant may proceed to execute the work but not so as to contravene any of the provisions of this Act or
any rules or bye-laws made under this Act.
Section 224 Grounds on which permission to construct or reconstruct hut may be refused
The only grounds on which permission to construct or reconstruct a hut may be refused are the following,
namely:-
(1) that the work or use of the site for work would contravene some specified provisons of any law or some
specified order, rule, bye-law or declaration made under any law.
(2) that the application for permission does not contain the particulars or is not prepared in the manner
required under rules or bye-laws;
(3) that any information or plan required by the Commissioner under rules or bye-laws has not been duly
furnished;
(4) that streets or roads have not been made as required by Section 184; or
(5) that the proposed building would be an encroachment upon Government or municipal land.
Whenever the Commissioner refuses to grant permission to construct or reconstruct a hut, the reasons for
such refusal shall be specifically stated in the order.
Section 225 Lapse of permission
If the construction or reconstruction of any hut is not completed within the period specified, the permission
shall lapse and a fresh application shall be made before the work is continued.
Section 226 Maintenance of external walls in repair
The owner or occupier of any building adjoining a public street shall keep the external part thereof in
proper repair with lime plaster or other material to the satisfaction of Commissioner.
Section 227 Application of provisons to alterations and additions
(1) The provisions of this chapter and of any rules or bye-laws made under this Act relating to construction
and reconstruction of buildings shall also be applicable to any alteration thereof or addition thereto.
Provided that works of necessary repair which do not affect the position or dimension of a building or any
room therein shall not be deemed as an alteration or addition for the purposes of this section.
xxxx
Section 228 Demolition or alteration of building work unlawfully commenced, carried on or
completed
(1) If the Commissioner is satisfied--
(i) that the construction or reconstruction of any building or well--
(a) has been commenced without obtaining the permission of the Commissioner or the Chairperson as the
case may be, or where an appeal has been made to the council, in contravention of any order passed by the
council; or
(b) is being carried on, or has been completed, otherwise than in accordance with the plans or particualrs on
which such permission or order was based; or
(c) is being carried on, or has been completed, in breach of any of the provisions of this Act or of any rule
or bye-law made under this Act or of any direction or requisition lawfully given or made under this Act or
such rules or bye laws; or
(ii) that any alterations required by any notice issued under Section 217 have not been duly made;or
(iii) that any alteration of or addition to any building or any other work made or done for any purpose into
or upon, any building, has been commenced or is being carried on or has been completed in breach of
Section 227.
(2) The said officer shall serve a copy of the provisional order made under sub-section (1) on the owner of
the building or well, together with a notice requiring him to show cause within a reasonable time to be
named in such notice why the order should not be confirmed.
(3) If the owner fails to show cause to the satisfaction of the said officer, he may confirm the order with
such modification as he thinks fit to make, and such order shall then be binding on the owner.
Section 229 Exemptions
(1) Any building constructed and used or intended to be constructed and used, exclusively for the purpose
of a plant-house, summer-house, not being a dwelling, house, poultry house or aviary, shall be exempted
from the provisions of this chapter other than Section 208 provided the building be wholly detached from,
and situated at a distance of at least three meters from the nearest adjacent building.
(2) The Commissioner may grant permission at his discretion on such terms as he may decide in each case
to erect for a specified period temporary huts or sheds for stabling, for watching crops, for storing tools or
materials, or for other similar purposes. On expiry of the period specified, the Commissioner may, by
notice, require the owner of such hut or shed to demolish it.
Section 230 Application of Schedule III
The rules embodied in Schedule III shall be read as part of this chapter.
CHAPTER 5 NUISANCE
Section 231 Precautions in case of dangerous structures
(1) If any structure appears to the Commissioner to be in a ruinous state and dangerous to the passersby or
to the occupiers of neighbouring structures, he may by notice require the owner or occupier to fence off,
take down, secure or repair such structures so as to prevent any danger therefrom.
(2) If immediate action is necessary, the Commissioner shall himself before giving such notice or before
the period of such notice expires, fence off, take down, secure or repair such structure or fence off a part of
any street or take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall
be recoverable from the owner or occupier in the manner provided in Section 364.
(3) If in the opinion of the Commissioner the said structure is imminently dangerous to the inmates thereof,
he shall order the immediate evacuation thereof, and any person disobeying may be got removed with the
help of any police officer.
Section 232 Precautions in case of dangerous trees
(1) If any tree or any branch of a tree or the fruit of any tree appears to the Commissioner to be likely to fall
and thereby endanger any person or any structure, he may by notice require the owner of the said tree to
secure, lop or cut down the said tree so as to prevent any danger therefrom.
(2) If immediate action is necessary, the Commissioner shall himself before giving such notice or before
the period of such notice expires, secure, lop or cut down the said tree or remove the fruits thereof or fence
off a part of any tree or take such other temporary measures as he thinks fit to prevent danger and the cost
of so doing shall be recoverable from the owner of the tree in the manner provided in Section 364.
Section 233 Precautions in case of dangerous tanks, wells, holes, etc.
(1) If any tank, pond, well, hole, stream, dam, bank or other place appears to the Commissioner to be, for
want of sufficient repair, protection or enclosure, dangerous to the passers-by or to persons living in the
neighbourhood, he may, by notice require the owner to fill in, remove, repair, protect or enclose the same
so as to prevent any danger therefrom.
(2) If immediate action is necessary, he shall, before giving such notice or before the period of notice
expires, himself take such temporary measures a she thinks fit to prevent danger and the cost of doing so,
shall be recoverable from the owner in the manner provided in Section 364.
Section 234 Power to stop dangerous quarrying
If, in the opinion of the Commissioner the working of any quarry, or the removal of stone, earth or other
material, from any place is dangerous to persons residing in, or having legal access to, the neighbourhood
thereof or creates or is likely to create a nuisance, he may require the owner or person having control of the
said quarry or place to discontinue working the same or to discontinue removing stone, earth or other
material from such place or to take such order with such quarry or place as he shall deem necessary for the
purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom
Section 235 Precaution against fire
(1) The Commissioner may by notice, require the owner of any structure, booth or tent partly or entirely
composed of, or having any external roof, verandah, pandal or wall partly or entirely composed of cloth,
grass, leaves mats, or other inflammable materials to remove or alter such tent, booth, structure, roof,
verandah, pandal or wall or may grant him permission to retain the same on such conditions as he may
think necessary to prevent danger from fire.
(2) The Commissioner may, by notice, require any person using any place for the storage for private use, of
timber, firewood, other inflammable or combustible things to take special steps to guard against danger
from fire.
(3) Where the Commissioner is of opinion that the means of egress from any building are insufficient to
allow of safe exit in the event of fire, he may, with the sanction of the council, by notice, require the owner
or occupier of the building to alter or reconstruct any staircase in such manner or to provide such additional
or emergency stair-cases as he may direct; and when any building, booth or tent is used for purposes of
public entertainment, he may require, subject to such sanction as aforesaid, that it shall be provided with an
adequate number of clearly indicated exists so placed and maintained, as readily to afford the audience
ample means of safe egress, that the seating be so arranged as not to interfere with free access to the exits
and that gangways, passages and staircases leading to the exists shall, during the presence of the public, be
kept clear of obstructions.
Section 236 Prohibition of construction of, wells, tanks etc., without the permission of the
Chairperson
(1) No new well or tank shall be dug or constructed without the permission of the Chairperson.
(2) The Chairperson may grant permission, subject to such conditions as he may deem necessary, or may,
for reasons to be recorded by him refuse it.
(3) If any such work is began or completed without such permission.--
(a) the Commissioner may by notice require the owner or other person who has done such work to fill up or
demolish such work in such manner as the said officer shall direct; or
(b) the Chairperson may grant permission to retain such work, but such permission shall not exempt such
owner from proceedings for contravening the provisions of sub-section (1).
Section 237 Filling in of pools etc., which are a nuisance
(1) If in the opinion of the municipal health officer--
(a) any pool, ditch, tank, well, pond, bog, swamp, quarry-hole, drain, cess-pool, pit, water-course, or any
collection of water; or
(b) any land on which water may at any time accumulate, is or is likely to become a breeding place of
mosquitoes or in any other respect a nuisance, the said officer may by notice require the owner or person
having control thereof to fill up, cover over, weed and stock with larvicidal fish, or petrolize in such
manner and with such materials as the said officer shall direct or to take such action for removing or
abating the nuisance as the said officer shall direct.
(2) If a person on whom a requisition is made under sub-section (1) to fill up, cover over, or drain off a
well, delivers to the municipal health officer within the time specified for compliance therewith, written
objections to such requisition, the said officer shall report such objections to the Commissioner and shall
make further enquiry into the case, and shall not institute any prosecution for failure to comply with such
requisition except with the approval of the Commissioner but the municipal health officer may
nevertheless, if he deems the execution of the work called for by such requisition to be of urgent
importance, proceed in accordance with Section 364 and, pending the Commissioner's disposal of the
questions whether the said well be permanently filled up, covered over or otherwise dealt with, may cause
such well to be securely covered over so as to prevent the ingress of mosquitoes, and in every such case the
municipal health officer shall determine with the approval of the Commissioner whether the expenses of
any work already done as aforesaid shall be paid by such owner or by the municipal health officer out of
the municipal fund or shall be shared and, if so, in what proportions.
Section 238 Regulation or prohibition of certain kinds of cultivation
The Council on the report of the municipal health officer that the cultivation of any description of crop, or
the use of any kind of manure, or the irrigation of land in any place within the limits of the municipality, is
injurious to the public health may, with the previous sanction of the Government, by public notice, regulate
or prohibit the cultivation, use of manure, or irrigation so reported to be injurious:
Provided that when such cultivation or irrigation has been practised during the five years preceding the date
of such public notice, with such continuity as the ordinary course of husbandary admits of, compensation
shall be paid from the Municipal Fund to all persons interested, for any damage caused to them by absolute
prohibition.
Section 239 Cleansing of insanitary private tank or well used for drinking
(1) The municipal health officer may, by notice require the owner or, person having control over, any
private water-course, spring, tank, well or other place, the water of which is used for drinking, bathing or
washing clothes, to keep the same in good repair and to cleanse it of silt, refuse or vegetation and to protect
it from pollution by surface drainage in such manner as the said officer may think fit.
(2) If the water of any place which is used for drinking, bathing or washing clothes, as the case may be is
proved to the satisfaction of the said officer to be unfit for the purpose, he may, by notice, require the
owner or person having control thereof to--
(a) refrain from using or permitting the use of such water, or
(b) close or fill up such place or enclose it with a substantial wall or fence.
Section 240 Duty of council in respect of public well or receptacle of stagnant water
The council shall maintain in a cleanly condition all wells, tanks and reservoirs which are not private
property and may fill them up or drain them when it appears necessary to do so.
Section 241 Public wells etc, open to all
All such wells, tanks and reservoirs when maintained by the council shall be open to use and enjoyment by
all persons.
Section 242 Prohibition against or regulation of washing animals or clothes or fishing or drinking in
public water courses, tanks etc.
The council may, in the interest of the public health, regulate or prohibit the washing of animals, clothes or
other things or fishing in any public spring, tank well, public-water course or part thereof within the
municipality and may set apart any such place for drinking or for bathing or for washing clothes or animals
respectively or for any other specified purpose.
Section 243 Provision of public wash houses
(1) The council may construct or provide and maintain public wash-houses or places for the washing of
clothes, and may require the payment of such rents and fees for the use of any such wash-house or place as
it may determine.
(2) The council may farm out the collection of such rents and fees for any period not exceeding three years
at a time on such terms and conditions as it may think fit.
(3) If a sufficient number of public wash-houses or places be not maintained under sub-section (1), the
council may, without making any charge therefor appoint suitable places for exercise by washermen of
their calling.
Section 244 Prohibition against washing by washermen at unauthorised places
(1) The council may, by public notice, prohibit the washing of clothes by washermen in the exercise of
their calling, either within the municipality or outside the municipality, within three kilometres of the
boundary thereof except at--
(a) public wash-houses or places maintained or provided under Section 243, or
(b) such other places as it may appoint for the purpose.
(2) When any such prohibition has been made, no person who is by calling a washerman shall, in
contravention of such prohibition, wash clothes except for himself or for personal and family service or for
hire on and within the premises of the hirer, at any place within or outside municipal limits other than a
public wash-house or a place maintained or appointed under this Act:
Provided that this section shall apply only to clothes washed within or be brought within the municipality.
Section 245 Prohibition against defiling water of tanks etc., whether public or private
It shall not be lawful for any person to--
(a) bathe in or in any manner defile the water in any place set apart by the council or by the owner thereof
for drinking purposes;
(b) deposit any offensive or deleterious matter in the dry bed of any place set apart as aforesaid for drinking
purposes; or
(c) wash clothes in any place set apart as aforesaid for drinking or bathing; or
(d) wash any animal or any cooking utensil or wool, skins, or other foul or offensive substances or deposit
any offensive or deleterious matter in any place set apart as aforesaid for bathing or washing clothes, or
(e) cause or permit to drain into or upon any place set apart as aforesaid for drinking, bathing or washing
clothes, or cause or permit any thing to be brought therein or do anything whereby the water may be fouled
or corrupted. Control over abandoned Lands. Untrimmed Hedges, etc.
Section 246 Untenanted buildings or lands
If any building or land, by reason of abandonment, disputed ownership or other cause remains untenanted,
and thereby becomes a resort of idle and disorderly persons or in the opinion of the municipal health officer
becomes a nuisance, the municipal health officer may, after due enquiry, by notice require the owner or
person claiming to be the owner to secure, enclose, clear or cleanse the same.
Section 247 Removal of filth or noxious vegetation
The municipal health officer may, by notice require the owner or occupier of any building or land which
appears to the said officer to be in filthy or unwholesome state, or overgrown with any thick or noxious
vegetation, trees or undergrowth injurious to health or offensive to the neighbourhood to clear, cleanse or
otherwise put the land in proper state or to clear away and remove such vegetation, trees or undergrowth
within twenty-four hours or such longer period and in such manner as may be specified in the notice.
Section 248 Fencing of buildings or lands and pruning of hedges and trees
The Commissioner may, by notice and for the reasons specified therein, require the owner or occupier of
any building or land near a public street to --
(a) fence the same to the satisfaction of the said officer; or
(b) prune any hedges bordering on the said street so that they may not exceed such height from the level of
the adjoining roadway as the said officer may determine; or
(c) cut any hedges or trees overhanging the said street and obstructing it or the view of traffic or causing it
damage; or
(d) lower an enclosing wall or fence which by reason of its height and situation, obstructs the view of
traffic so as to cause danger.
Section 249 Lime quashing, cleaning, etc., of buildings
The municipal health officer, if it appears to him necessary for sanitary purposes so to do, may, by notice
require the owner or occupier of any building to lime-wash or otherwise cleanse or disinfect the building
inside and outside or cleanse or disinfect any article therein which is likely to retain infection, in the
manner and within a period to be specified in the notice.
Section 250 Further powers with reference to insanitary buildings
(1) Whenever the municipal health officer considers--
(a) that any building or portion thereof is, by reason of its having no plinth, or having a plinth of
insufficient height or by reason of the want of proper drainage or ventilation or by reason of the
impracticability of cleansing, attended with danger of disease to the occupier thereof or to the inhabitants of
the neighbourhood, or is, for any reason, likely to endanger the public health or safety, or
(b) that a block or group of buildings is, for any of the said reasons or by reason of the manner in which the
buildings are crowded together, attended with such risk as aforesaid, he may, by notice, require the owners
or occupiers of such buildings or portions of buildings, or at his option, the owners of the land occupied by
such buildings or portions of buildings, to execute such works or to take such measures as he may deem
necessary for the prevention of such danger.
(2) No person shall be entitled to compensation for damages sustained by reason of any action taken under
or in pursuance of this section save when a building is demolished in pursuance of an order made
hereunder, or so far demolished as to require reconstruction in which case the council shall make
compensation to the owner thereof.
(3) When any building is entirely demolished under this section and the demolition thereof adds to the
value of other buildings in the immediate vicinity, the owners of such other buildings shall be bound to
contribute towards the compensation payable to the owner of the first named building in proportion to the
increased value acquired by their own property.
(4) When any building is so far demolished under this section as to require reconstruction, allowance shall
be made in determining the compensation for the benefit accruing to the premises from the improvement
thereof.
Section 251 Buildings unfit for human habitation
(1) If any building or portion thereof intended for or used as a dwelling place appears to the municipal
health officer to be unfit for human habitation, he may by order prohibit the further use of such structure for
such purpose, after giving the owner and occupier of the structure a reasonable opportunity of showing
cause why such order should not be made.
(2) When any such prohibitory order has been made, the municipal health officer shall communicate the
purport thereof to the owner and occupier of the structure and on expiry of such period as is specified in the
notice, not being less than thirty days after the service of the notice, no owner or occupier of such structure
shall use or allow it to be used for human habitation, until the said officer certifies in writing that the causes
rendering it unfit for human habitation have been removed to his satisfaction.
(3) When such prohibitory order has remained in operation for three months, the said officer shall report
the case to the Commissioner, who shall place the matter before the council for considering the question
whether the structure should not be demolished. The Council shall give the owner not less than thirty days
notice of the time and place at which the question will be considered and the owner shall be entitled to be
heard when the question is taken into consideration.
(4) If upon such consideration the Council is of the opinion that the structure has not been rendered fit for
human habitation and that steps are not being taken with due diligence to render it so fit, it shall record a
decision to that effect with the grounds of the decision and the municipal health officer shall, in pursuance
of the said decision by notice, require the owner to demolish the structure.
(5) If the owner undertakes to execute forthwith the works necessary to render the structure fit for human
habitation and the municipal health officer considers that it can be so made fit, the council may postpone
the execution of its decision for such time not exceeding six months as it thinks sufficient for the purpose
of giving the owner an opportunity of executing the necessary works.
Section 252 Abatement of over-crowding in dwelling houses or dwelling place
(1) If it appears to the municipal health officer that any dwelling house or other building which is used as a
dwelling place or any room in such dwelling house or building is so over- crowded as to endanger the
health of the inmates thereof, he may report to the Commissioner who shall place the matter before the
council for an order to abate such over crowding; and the council may, by written order, require the owner
of the building, or room, within a reasonable time not exceeding thirty days to be specified in the said
order, to abate such overcrowding by reducing the number of lodgers, tenants or other inmates of the
building or room, or may pass such other orders as it may deem just and proper.
(2) The Council may, by written order, declare what amount of superficial and cubic space shall be deemed
for the purpose of sub-section (1) to be necessary for each occupant of a building or room.
(3) If any building or room referred to in sub-section (1) has been sublet, the landlord of the lodgers,
tenants, or other actual inmates of the same, shall for the purposes of this section, be deemed to be the
owner of the building or room.
(4) Notwithstanding anything in the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act,
1960, it shall be incumbent on every tenant, lodger or other inmate of a building or room to vacate on being
required by the owner so to do, in pursuance of any requisition made under sub-section (1).
Section 253 Prohibition against feeding certain animals on filth
No person shall feed any animal, which is kept for dairy purposes or may be used for food on filth.
Section 254 Prohibition against keeping animal so as to be a nuisance or dangerous
No person shall keep any animal on his premises so as to be a nuisance or so as to be a dangerous to the
public.
Section 255 Power to destroy stray pigs and dogs
(1) The Commissioner may give public notice that unlicensed pigs or dogs straying within specified limits
will be destroyed.
(2) When such notice has been given, any person may destroy, in any manner not inconsistent with the
terms of the notice, any unlicensed pig or dog, as the case may be, found straying within such limits.
Section 256 Power to use or sell materials of dangerous structures taken down etc.
When any officer of the municipality pulls down any structure or part thereof or cuts down any tree or
hedge or shrub or part thereof or removes any fruit by virtue of his powers under this chapter, such officer
may sell the materials or things taken down, cut down or removed and apply the proceeds towards,
payment of the expenses incurred.
Section 257 Procedure where there is no owner or occupier
If after reasonable inquiry, it appears to any officer of the municipality that there is no owner or occupier to
whom notice can be given under any section in this chapter, he may himself take such action as may appear
to him to be necessary.
Section 258 Limitation of compensation
No person shall be entitled, save as provided in Sections 237, 238 and 250 to compensation for any
damages sustained by reason of any action taken by the municipal authorities in pursuance of their powers
under this chapter.
CHAPTER 6 Licences and fees
Section 259 Central or State Government not required to take out licence etc.
(1) The State Government or the Central Government shall not be required to take out any licence as
provide by or under this Act in respect of their property or in respect of any place in their occupation or
under their control.
(2) The State Government or the Central Government shall not be required to obtain any permission as
provided by or under this Act in respect of erection, re-erection, construction, alteration or maintenance of
buildings used or required for the public service or for any public purpose which is the property, or in the
occupation of the Government concerned, or which is to be erected on land, which is the property, or in the
occupation, of the Government concerned:
Provided that, where the erection, re-erection, construction or material or structural alteration of any such
building as aforesaid (not being a building connected with defence, or a building the plan or construction of
which, in the opinion of the Government concerned, is treated as confidential or secret) is contemplated,
reasonable notice of the proposed work shall be given to the council before it is commenced.
(3) In the case of any such building (not being a building connected with defence or a building the plan or
construction of which in the opinion of the Government concerned, is treated as confidential or secret) the
Chairperson or any person, authorised by him in this behalf, may, under intimation to the State
Government, inspect the land and building and all plans connected with its erection, re-erection,
construction, or material structural alteration, as the case may be, and may submit to the State Government
a statement in writing of any objections or suggestions which the Chairperson may deem fit to make with
reference to such erection, re-erection, construction or material structural alteration.
(4) Every objection or suggestion submitted as aforesaid shall be considered by the State Government,
which shall, after such investigation if any, as they shall think advisable, and after obtaining the views of
the Central Government in the matter, where necessary pass orders thereon, and the building referred to
therein shall be erected, re-erected, constructed or altered, as the case may be, in accordance with such
orders:
Provided that, if the State Government over-rule or disregard any such objection or suggestion as aforesaid,
they shall give reasons for so doing in writing.
Section 260 Licences for places in which animals are kept
(1) The owner or occupier of any stable, veterinary infirmary, stand, shed, yard or other place in which
animals are kept or taken in for purposes of profit shall apply to the municipal health officer for a licence
not less than thirty days and not more than ninety days before the opening of such place, or the
commencement of the year for which the licence is sought to be renewed, as the case may be.
(2) The municipal health officer may, by an order and under such restrictions and regulations as he thinks
fit, grant or refuse to grant such licence.
(3) No person shall, without or otherwise than in conformity with a licence, use any place for such a
purpose:
Provided that this section shall not apply to any such place licensed as a place of public entertainment or
resort under the Andhra Pradesh (Andhra Area) Places of Public Resort Act, 1888 (Act II of 1888), or any
other law similar thereto for the time being in force.
Section 261 General powers of control over stables, cattle-sheds and cow-houses
(1) All stables, cattle-sheds and cow-houses whether they are built separately or whether they form part of
the residential buildings, shall be under the control of the municipal health officer as regards their site,
construction, materials and dimensions.
(2) The municipal health officer may by notice require that any stable, cattle-shed or cow-house be altered,
paved, drained, repaired, disinfected or kept in such a state as to admit of its being sufficiently cleaned or
be supplied with water or be connected with a sewer.
(3) Every such notice shall be addressed to the owner of the building or land to which the stable, cattle-shed
or cow-house belongs.
(4) The expense of executing any work in pursuance of any such notice shall be borne by the said owner.
Section 262 Power to direct discontinuance of use of buildings as stable, cattle-shed or cow-house
If any stable, cattle-shed or cow-house is not constructed or maintained in the manner required by or under
this Act, the municipal health officer may, by notice, direct that the same shall be no longer used as a
stable, cattle-shed or cow-house. Every such notice shall state the grounds on which it proceeds.
Section 263 Purposes for which places may not be used without licences
(1) The council may publish a notification in the prescribed manner that no place within municipal limits or
at a distance within three kilometres of such limits shall be used for any one or more of the purposes
specified in Sehedule IV without the licence of the Commissioner and except in accordance with the
conditions specified therein:
Provided that no notification shall take effect--
(a) until sixty days from the date of publication: and
(b) except with the previous sanction of the Government in any area outside the municipal limits.
(2) The owner or occupier of every such place shall, within thirty days of the publication of such
notification, apply to the Commissioner for a licence for the use of such place for such purpose.
(3) Applications for renewal of such licences shall be made not less than thirty days and not more than
ninety days before the end of every year and applications for licences for places to be newly opened shall
be made not less than thirty days and not more than ninety days before they are opened.
(4) The Commissioner may, by an order and under such restrictions and regulations as to supervision and
inspection as he thinks fit, grant or refuse to grant or renew such licence.
(5) In case the Commissioner refuses to grant or renew any such licence, he shall record the reasons
therefor.
(6) Every such licence shall expire at the end of the year, unless for special reasons the Commissioner
considers it should expire at an earlier date when it shall expire at such earlier date as may be specified
therein.
(7) Where a licence is granted or renewed under this section for the use of any place outside the municipal
limits, the council shall pay to the Gram Panchayat; if any, having jurisdiction over such place or if there is
no such Gram Panchayat, to such other authority as the Government may specify such portion of the fee
received for the grant or renewal of the licence as the Government may, by general or special order, direct.
Section 264 Application to be made for construction, establishment or installation of factory,
workshop or work-place in which steam or other power is to be employed
(1) Every person intending--
(a) to construct or establish any factory, workshop or work-place in which it is proposed to employ steam-
power, water-power or other mechanical power or Electrical power; or
(b) to install in any premises any machinery or manufacturing plant driven by steam, water or other power
as aforesaid (not being machinery or manufacturing plant exempted by rules), shall, before beginning such
construction, establishment or installation make an application in writing to the council for permission to
undertake the intended work.
(2) The application shall specify the maximum number of workers proposed to be employed on any day in
the factory, workshop, work-place or premises and shall be accompanied by--
(i) a plan of the factory, work-shop, work-place or premises prepared in such manner as may be prescribed
by rules made in this behalf by the Government; and
(ii) such particulars as to the power, machinery, plant or premises as the council may require by bye-laws
made in this behalf.
(3) The council shall, within sixty days after obtaining approval under sub-section (4)--
(a) grant the permission applied for, either absolutely or subject to such conditions as it thinks fit to impose;
or
(b) refuse permission, if it is of opinion that such construction, establishment or installation is objectionable
by reason of the density of the population in the neighbourhood or that it is likely to cause a nuisance.
(4)
(a) Before granting permission under sub-section (3) the council shall obtain the approval of the Inspector
of Factories appointed under the Factories Act, 1948 (Central Act 63 of 1948), having jurisdiction in the
area of the municipality, or if there is more than one such inspector, of the inspector designated by the
Government in this behalf by general or special order, as regards the plan of the factory, workshop, work-
place or premises with reference to--
(i) the adequacy of the provision for ventilation and light;
(ii) the sufficiency of the height and dimensions of the rooms and doors;
(iii) the suitability of the exists to be used in case of fire; and
(iv) such other matters as may be prescribed by rules made by the Government.
(b) Before granting permission under sub-section (3), the council shall consult and have due regard to the
opinion of the Municipal Health Officer or where there is no such officer, of the District Medical and
Health Officer, as regards the suitability of the site of the factory, work-shop, work-place or premises for
the purpose specified in the application.
(5) No worker shall be employed on any day in any factory, workshop, work-place, or premises, unless the
permission granted in respect thereof under sub-section (3) authorises such employment, or unless fresh
permission authorising such employment has been obtained from the council. Before granting such fresh
permission, the council shall obtain the approval of the Inspector of Factories referred to in sub-section (4)
as regards the plan of the factory, work-shop, work-place, or premises, with reference to the matters
specified in that clause.
(6) The grant of permission under this section--
(a) shall, in regard to the replacement of machinery, the levy of fees, the conditions to be observed and the
like, be subject to such restrictions and control as may be prescribed; and
(b) shall not be deemed to dispense with the necessity for compliance with the provisions of Sections 209
and 211 or Sections 220 and 221, as the case may be.
Explanation:-The word 'worker' in sub-sections (2) and (5) shall, in relation to any factory, workshop,
work-place or premises have the same meaning as in the Factories Act, 1948 (Central Act 63 of 1948).
Section 265 Use of steam whistles etc
(1) No person shall, without the written permission of the council, use or employ in any factory or other
place any steam whistle or steam trumpet for the purpose of summoning or dismissing workers or persons
employed.
(2) In granting such permission, the council may impose such conditions as it may think proper as to the
times at which the whistle or trumpet may be used, and it may revoke any such permission by giving a
week's notice.
Section 266 Council may issue directions for abatement of nuisance caused by steam or other power
(1) If, in any factory, work-shop or work-place in which steam-power, water-power or other mechanical
power or electrical power is used, nuisance in the opinion of the council caused by reason of the particular
kind of fuel employed or by reason of the noise or vibration created, the Council may issue such directions
as it thinks fit for the abatement of the nuisance within a reasonable time to be specified for the purpose.
(2) If there has been wilful default in carrying out such directions or if abatement is found impracticable,
the council may--
(a) prohibit the use of the particular kind of fuel employed; or
(b) restrict the notice or vibration by prohibiting the working of the factory, workshop or work-place
between the hours of 9-30 p.m. and 5-30 a.m.
Section 267 Power of Government to pass orders or give directions in respect of action taken or
omitted to be taken under Section 264, Section 265 or Section 266
The Government may, either generally or in any particular case, make such orders or give such directions
as they may deem fit in respect of any action taken or omitted to be taken under Section 264, Section 265,
or Section 266.
Section 268 Notification of residential, industrial, commercial, etc., areas in the municipality
(1) Every council shall, as soon as may be after commencement of this Act, and after consultation with the
Director of Public Health and of the Director of Town-Planning, and with the previous approval of the
Government, notify in the prescribed manner the localities, divisions, wards, streets or portions of streets,
in its local limits which shall be reserved for residential, industrial, commercial or agricultural purposes.
(2) The council may, at any time subsequent to the issue of a notification under sub-section (1), in like
manner and subject to the like consultation and approval, notify any additional localities, divisions, wards,
streets or portions of streets as areas which shall be reserved for any of the purposes specified in sub-
section (1).
(3)
(a) A notification issued under sub-section (1) or Sub- section (2) may declare that a land in an area
reserved for a particular purpose shall not be used for any other purpose and that the use of a land in any
reserved area shall be confined only for the purpose for which the area is reserved or that the land may be
used for any other purpose subject to such restrictions, limitations and conditions as are specified in that
notification.
(b) The notification shall contain also such general information as to the situation and limits of the areas
proposed to be reserved for different purposes specified in sub-section (1) and the restrictions, limitations
and conditions, if any, proposed to be imposed in regard to the use of land in each such reserved area.
(4) Any person aggrieved by the issue of a notification under sub-section (1) may appeal to the
Government whose decision shall be final.
Section 269 Power of Government to notify the location of the industries
Where the council has not published a notification under Section 263 or 268, the Government may, by
notification in the Andhra Pradesh Gazette, specify any particular industry or class of industries to be
located in any area reserved for residential, industrial, commercial or agricultural purposes, under this Act.
Section 270 The Commissioner may enter any factory, workshop or work place
(1) The Chairperson, Commissioner or any person authorised by the Council in this behalf may enter any
factory, workshop or work place
(a) at any time between sunrise and sunset;
(b) at any time when any industry is being carried on; and
(c) at any time by day or by night, if he has reason to believe that any offence is being committed under
Section 264, Section 265 or Section 266
(2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the
exercise of powers under this section or by the use of any force necessary for the purpose of affecting an
entrance under this section.
Section 271 Provision of municipal slaughter-houses
(1) The council shall provide a sufficient number of places for use as municipal slaughter-houses and may
charge rents and fees for their use at such rates as it may think fit.
(2) The council may,--
(a) place the collection of such rents and fees under the management of such persons as may be appear to it
proper; or
(b) farm out such collection for any period not exceeding three years at a time and on such terms and
conditions as it may think fit.
(3) Municipal slaughter-houses may be situated within or, with the sanction of the Government, outside the
municipality.
Section 272 Licence for slaughter-houses
(1) The owner of any place within municipal limits or at a distance within three kilometres of such limits
which is used as a slaughter-house for the slaughtering of animals or for the skinning or cutting up of any
carcasses, shall apply to the municipal health officer for a licence not less than thirty days and not more
than ninety days before the opening of such place as a slaughter-house, or the commencement of the year
for which the licence is sought to be renewed as the case may be:
Provided that this sub-section shall not take effect in any area outside the municipal limits except with the
previous sanction of the Government.
(2) The municipal health officer may, by an order and subject to such restrictions and regulations as to
supervision and inspection as he thinks fit, grant, or refuse to grant such licence.
Section 273 Slaughter of animals for sale as food
No person shall slaughter within the municipality except in a public or licensed slaughter-house any cattle,
horse, sheep, goat or pig, or any other animal for sale as food or skin or cut up any carcass without or
otherwise than in conformity with a licence from the municipal health officer or dry or permit to be dried
any skin in such a manner as to cause a nuisance.
Section 274 Slaughter of animals during festivals and religious ceremonies
Subject to the provisions of the law relating to the prohibition of sacrifices of animals and birds for the time
being in force the municipal health officer may allow any animal to be slaughtered in such places as he
thinks fit on occasions of festivals and religious ceremonies or as a special measure:
Provided that no such place shall be outside the premises where festivals and religious ceremonies are
conducted.
Section 275 Regulations of milk trade
(1) No person shall, without, or otherwise than in conformity with a licence from the municipal health
officer,--
(a) carry on within the municipality the trade or business of a dealer in, or importer or seller or hawker of,
milk, or dairy-produce;
(b) use any place in the municipality for carrying on the trade or business or selling of milk or dairy-
produce:
Provided that no such licence shall be given to any person who is suffering from an infectious disease.
(2) Such licence may be refused or may be granted on such conditions as the municipal health officer may
deem necessary which may extend to the construction, ventilation, conservancy, supervision and inspection
of the premises, whether within or outside municipal limits where the animals from which the milk supply
is derived are kept.
Section 276 Public markets
(1) All markets which are acquired, constructed, repaired or maintained out of the municipal fund shall be
deemed to be public markets; and such markets shall be open to all persons.
(2) Notwithstanding anything in the relevant law for the time being in force, every market situated within
the municipal limits and belonging to a Gram Panchayat, Panchayat Samithi or Zilla Parishad shall vest in
the municipality. The Government shall determine, in the manner prescribed, the amount of compensation
payable therefor to the Gram Panchayat, Panchayat Samithi or the Zilla Parishad, as the case may be.
Section 277 Power in respect of public markets
(1) The council may provide places for use as public markets.
(2) The council may, in any public market, levy any one or more of the following fees at such rates and
may place the collection of such fees under the management of such persons as may appear to it proper or
may farm out such fees for any period not exceeding one year at a time and on such terms and subject to
such conditions as it may deem fit--
(a) fees for the use of, or for the right to expose goods for sale in such markets;
(b) fees for the use of shops, stalls, pens or stands in such markets;
(c) fees on vehicles or pack-animals carrying, or on persons bringing goods for sale in such markets;
(d) fees on animals brought for sale into, or sold in such markets; and
(e) licence fees on brokers, commission agents, weighmen and measurers practising their calling in such
markets.
(3) The council may, with the sanction of the Government close any public market or part thereof.
(4) The council may lease any land, shop, godown, building or terrace of a building owned by it and
situated anywhere in the municipality for any period not exceeding five years at a time and subject to such
terms and conditions as the council may deem fit:
Provided that it shall be competent for the council to grant, with the prior sanction of the Government, any
such lease for a period exceeding five years but not exceeding twenty-five years at a time.
Section 278 Control of the Municipal Health Office over public markets
(1) No person shall, without the permission of the municipal health officer, or if the fees have been farmed
out, of the farmer sell or expose for sale any animal or article within any public market.
(2) The Municipal Health Officer may expel from any public market any person who or whose servant has
been convicted of disobeying any bye-laws at the time in force in such market and may prevent such person
from further carrying on by himself, or his servants or agents, any trade or business in such market or
occupying any shop, stall or other place therein and may determine any lease or tenure which such person
may possess in any such shop, stall or place.
Section 279 Licence for private market
(1) No person shall open a new private market or continue to keep open a private market unless he obtains
from the Council a licence to do so.
(2) Application for such licence shall be made by the owner of the place in respect of which the licence is
sought not less than thirty days and not more than ninety days, before such place is opened as a market, or
the commencement of the year for which the licence is sought to be renewed, as the case may be.
(3) The Council shall, as regards private markets already lawfully established and may, at its discretion as
regards new private markets, grant the licence applied for, subject to such regulations as to supervision and
inspection and to such conditions as to sanitation, drainage, water-supply, width of paths and ways, weights
and measures to be used, and rents and fees to be charged in such markets as the Council may think proper;
or the Council may refuse to grant any such licence for any new private market. The Council may,
however, at any time, for breach of the conditions thereof, suspend or cancel any licence which has been
granted under this section. The Council may also modify the conditions of the licence to take effect from a
specified date.
(4) When a licence is granted, refused, suspended cancelled or modified under this section, the Council
shall cause a notice of such grant, refusal, suspension, cancellation or modification in English and in the
main language of the district to be pasted in some conspicuous place at or near the entrance to the place in
respect of which the licence was sought or had been obtained.
(5) Every licence granted under this section shall expire at the end of the year.
Section 280 Fee for licence
When a licence granted under Section 279 permits the levy of any fees of the nature specified in sub-
section (2) of Section 277, a fee not exceeding fifteen per centum of the gross income of the owner from
the market in the preceding year shall be charged by the Council for such licence.
Section 281 Sale in unlicensed private markets
It shall not be lawful for any person to sell, or expose for sale any animal or article in any unlicensed
private market.
Section 282 Powers of Council in respect of private markets
The Council may, by notice, require the owner, occupier, or farmer of any private market to--
(a) construct approaches, entrances, passages, gates, drains and cess pits for such market and provide it
with latrines of such description and in such position and number as the Council may think fit;
(b) roof and pave the whole or any portion of the floor with such material as will, in the opinion of the
Council, secure imperviousness and ready cleansing;
(c) ventilate it properly and provide it with supply of water;
(d) provide passages of sufficient width between the stalls and make such alterations in the stalls, pssages,
shops, doors or other parts of the market as the Council may direct; and
(e) keep it in a cleanly and proper state and remove all filth and refuse therefrom.
Section 283 Suspension or refusal of licence in default
(1) If any person, after notice given to him in that behalf by the council, fails within the period and in the
manner laid down in the said notice, to carry out any of the works specified in Section 282, the Council
may suspend the licence, or may refuse to grant the licence, until such works have been completed.
(2) It shall not be lawful for any person to open or keep open any such market after such suspension or
refusal.
Section 284 Prohibition against nuisances in private markets
No owner, occupier, agent or manager in charge of any private market or of any shop, stall, shed or other
place therein, shall keep the same so that it is a nuisance, or fall to cause anything that is a nuisance to be at
once removed to a place to be specified by the Council.
Section 285 Power to close private markets
The Council or any officer duly authorised by it in that behalf, may close any private market in respect of
which no licence has been applied for or the licence for which has been refused, withheld or suspended or
which is held or kept open contrary to the provisions of this Act.
Section 286 Acquisition of rights of private person to hold private markets
(1) A Council may acquire the rights of any person to hold a private market in any place and to levy fees
therein. The acquisition shall be made under the Land Acquisition Act, 1894 (Central Act 1 of 1894) and
such rights shall be deemed to be laid for the purposes of this Act, subject, however, to the condition that
the amount payable as compensation in respect of the rights so acquired shall be an amount equal to twelve
times the net average annual income actually derived from such market during the period of five
consecutive years immediately preceding the date of publication of the notification under sub-section (1) of
Section 4 of that Act.
(2) On payment by the Council of the compensation as provided in sub-section (1) in respect of such
property and any other charges incurred in acquiring it, the rights of such person to hold a private market
and to levy fees therein shall vest in the Council.
Section 287 Duty of expelling lepers, etc., from markets and power to expel disturbers
The person in charge of a market or the Municipal Health Officer shall prevent the entry therein or expel
therefrom any person suffering from leprosy, in whom the process of ulceration has commenced, or from
any infectious or contagious disease who sells or exposes for sale therein any article or who, not having
purchased the same, handles any articles exposed for sale therein, and he may expel therefrom any person
who is creating a disturbance therein.
Section 288 Butchers, fish-mongers, poulterer's licence
(1) No person shall, without or otherwise than in conformity with a licence from the Municipal Health
Officer, carry on the trade of a butcher, fish-monger or poulterer or use any place for the sale of flesh or
fish intended for human food in any place within municipal limits at a distance within three kilometers of
such limits: Provided that no licence shall be required for a place used for the selling or storing for sale of
preserved flesh or fish contained in airtight and hermitically sealed receptacles;
Provided further that no licence shall be required for any place included in a public market established by
or vested in a Panchayat Samithi or Zilla Parishad.
(2) The Municipal Health Officer, may, by an order and subject to such restrictions as to supervision and
inspection as he thinks fit, grant or refuse to grant such licence.
(3) Every such licence shall expire at the end of the year in which it is granted, unless for special reasons
the Municipal Health Officer considers that it should expire at an earlier date, when it shall expire at such
earlier date as may be specified therein
Section 289 Power to prohibit or regulate sale of articles in public streets
(1) The Commissioner may, with the sanction of the Council, prohibit by public notice or licence or
regulate the sale or exposure for sale, of any animals or articles in or on any public street or part thereof.
(2) The Commissioner may farm out the collection of fees for licences leviable under sub-section (1) for
any period not exceeding one year at a time on such terms and conditions as may be determined by the
Council.
Section 290 Decision of disputes as to whether places are markets
If any question arises whether any place where persons assemble for the sale or purchase of articles of food
or clothing, or live-stock or poultry, or cotton, groundnut or other industrial crops or of any other raw or
manufactured products is a market or not, the council shall make a reference to the Government and the
decision of the Government on the question shall be final.
Section 291 Provision of public cart-stands, etc.
The council may construct or provide and maintain public landing places, halting places and cart-stands.
Section 292 Prohibition of use of public place or sides of public street as cart-stands, etc.
Where a council has provided a public landing place, halting place or cart-stand, the Commissioner may
prohibit the use for the same purpose by any person within such distance thereof, as may be determined by
the council, or any public place or the sides of any public street.
Section 293 Duty of Municipal Health Officer to inspect
It shall be the duty of the Municipal Health Officer to make provision for the constant and vigilant
inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, milk,
ghee, butter, oil and any other edible articles exposed or hawked about for sale or deposited in or brought to
any place for the purpose of sale or of preparation for sale.
Section 294 Powers of Municipal Health Officer for purpose of inspection
(1) The Municipal Health Officer or any person authorised by him in writing for the purpose may, without
notice, enter any slaughter-house or any place where animals, poultry or fish intended for food are exposed
for sale or where articles of food are being manufactured or exposed for sale, at any time by day or night,
when the slaughter, exposure for sale or manufacture is being carried on and inspect the same and any
utensil or vessel used for manufacturing, preparing or containing any such article.
(2) If the Municipal Health Officer or any person so authorised by him has reason to believe that in any
place any animal intended for human food is being slaughtered or any carcass is being skinned or cut up or
that any food is being manufactured, stored, prepared, packed, cleansed, kept or exposed for sale, or sold
without or otherwise than in conformity with a licence, he may enter any such place without notice, at any
time by day or night, for the purpose of satisfying himself whether any provision of laws, bye-laws or
regulations or any condition of licence is being contravened.
(3) No claim shall lie against the Municipal Health Officer or any person acting under his authority or the
council, for any damage or inconvenience necessarily caused in good faith by the exercise of powers under
this section or by the use of any force necessary for effecting any entry into any place under this section.
(4) In any legal proceedings in respect of powers exercised under this section in which it is alleged that any
animals, poultry, fish or articles of food were not kept, exposed, hawked about, manufactured, prepared,
stored, packed, or cleansed for sale, or that they were not intended for human food the burden of proof shall
lie on the party so alleging.
Section 295 Preventing inspection by Municipal Health Officer
No person shall, in any manner whatsoever, prevent the Municipal Health Officer or person duly authorised
by him from exercising his powers under the last preceding section.
Section 296 Power of Municipal Health Officer to seize diseased animals, noxious food etc.
If any animal, poultry or fish intended for food appears to the municipal health officer or to a person duly
authorised by him to be diseased, or any food appears to him to be noxious or if utensil or vessel used in
manufacturing or preparing or containing such article, appears to be of such kind or in such state as to
render the article noxious, he may seize or carry away or secure such animal, article, utensil, or vessel in
order that the same may be dealt with as hereinafter provided.
Explanation:- Meat subject to the process of blowing and decomposition shall be deemed to be noxious.
Section 297 Removing or interfering with articles seized
No person shall remove or in any way interfere with an animal or article secured under the last preceding
section.
Section 298 Power to destroy article seized
(1) Where any animal or article of food is seized under Section 296 it may, with the consent of the owner or
person in whose possession it was found, be forthwith destroyed by the municipal health officer so as to
prevent its being used for human food or exposed for sale, and if the article is perishable, without such
consent.
(2) Any expenses incurred in destroying any animal or article under sub-section (1) shall be paid by the
owner or person in whose possession it was at the time of its seizure.
Section 299 Production of seized articles, etc., before magistrate and power of magistrate to deal with
them
(1) Articles of food, animals, poultry, fish, utensils, vessels, etc., seized under Section 296 and not
destroyed under Section 298, shall as soon as possible, be produced by the municipal health officer before a
Judicial Second Class Magistrate.
(2) Whether or not complaint is laid before a Judicial Second Class Magistrate of any offence under the
Indian Penal Code or under this Act, if it appears to the magistrate on taking such evidence as he thinks
necessary that any such animal, poultry or fish is diseased, or any such article is noxious or any such utensil
or vessel is of such kind or in such state as is described in Section 296, he may order the same--
(a) to be forfeited to the council; or
(b) to be destroyed at the expense of the owner or person in whose possession it was at the time of seizure
so as to prevent the same being again exposed or hawked about for sale, or used for human food for the
manufacture or preparation of, or for containing any such article as aforesaid.
Section 300 Registration or closing of places for disposal of the dead
(1) Every owner or person having the control of any place used at the date of the coming into operation of
this Act, as a place for burying, burning, or otherwise disposing of the dead shall, if such place be not
already registered, apply to the council to have such place registered.
(2) If it appears to the council that there is no owner or person having the control of such place, it shall
assume control of and register such place, or may, with the sanction of the Government, close it.
Section 301 Licensing of places for disposal of the dead
(1) No place for the disposal of the dead, whether public or private, shall be opened, formed, constructed,
or used, unless a licence has been obtained from the council on application.
(2) Such application for a licence shall be accompanied by a plan of the place to be registered, showing the
locality, boundary and extent thereof, the name of the owner or person or community interested therein, the
system of management and such further particulars as the council may require.
(3) On receipt of the application, the council shall cause a notice to be given inviting objections or
suggestions from the public within a period of thirty days from the date of such notice. The council may,
after considering the objections or suggestions received, if any,--
(a) grant or refuse a licence; or
(b) postpone the grant of a licence until objections to the site have been removed or any particulars called
for by it have been furnished.
Section 302 Provision of burial and burning grounds and crematoria within or outside municipality
(1) The council shall provide, free of charge, places to be used as burial or burning grounds or crematoria
either within or outside the limits of the municipality.
(2) If the council provides any such place outside the limits of the municipality, all the provisions of this
Act and all bye-laws framed under this Act for the management of such places within the municipality,
shall apply to such place.
Section 303 Register of burial grounds
(1) A book shall be kept at the municipal office containing a list of all the burial or burning grounds or
crematoria, registered, licensed or provided by the municipality, together with the plans thereof.
(2) Notice that such place has been registered, licenced or provided as aforesaid shall be affixed in English
and in the main language of the district in some conspicuous place at or near the entrance to the burial or
burning ground or other place as aforesaid.
(3) No person shall bury, burn or otherwise dispose of any corpse except in a place which has been
registered, licensed or provided as aforesaid.
Section 304 Report of burials and burnings
The person having control of a place for disposing of the dead shall give information of every burial
burning or other disposal of a corpse at such place to any person appointed by the municipal health officer
in that behalf.
Section 305 Prohibition against use of burial and burning grounds dangerous to health or
overcrowded with graves
(1) If the council is satisfied--
(a) that any registered or licensed place for the disposal of the dead is in such a state or situation as to be, or
to be likely to become, dangerous to the health of persons living in the neighbourhood thereof, or
(b) that any burial ground is overcrowded with graves and if in the case of a public burial or burning
ground or other place as aforesaid, another convenient place duly authorized for the disposal of the dead
exists or has been provided for the persons who would ordinarily make use of such place, it may, with the
previous sanction of the Government, give notice that it shall not be lawful after a period to be named, in
such notice to bury, burn or otherwise dispose of any corpse at such place.
(2) Every notice given under sub-section (1) shall be published in the prescribed manner.
(3) After the expiry of the period named in such notice it shall not be lawful to bury, burn or otherwise
dispose of a corpse at such place.
Section 306 Prohibition in respect of corpses
No person shall--
(a) bury or cause to be buried, any corpse or part thereof in a grave whether dug or constructed of masonry
or other wise, in such manner that the surface of the coffin or the surface of the body where no coffin is
used, is at a depth less than one and a half meters from the surface of the ground; or
(b) build or dig or cause to be built or dug, any grave in any burial ground at a distance less than half a
metre from the margin of any other existing grave; or
(c) without the sanction in writing of the municipal health officer or an order in writing of a magistrate,
reopen a grave; or
(d) when burning or causing to be burnt a corpse or part thereof permit the same or any part thereof or its
clothes to remain without being completely reduced to ashes; or
(e) carry through any street a corpse or part thereof not decently covered; or
(f) while carrying a corpse or part thereof within the municipality, leave the same in or near any street for
any purpose whatever; or
(g) remove, otherwise than in a closed receptacle any corpse or part thereof kept or used for the purpose of
dissection.
Section 307 Grave digger's licence
No person shall discharge the office of a grave digger or other attendant at a public place for the disposal of
the dead, other than a place provided by the Government, unless he has been licensed in that behalf by the
municipal health officer. Such licence may be withdrawn or cancelled at the discretion of the council.
CHAPTER 7 Vital statistics and the prevention of diseases
Section 308 Compulsory registration of vital statistics
(1) The council shall register all births and deaths occurring in the muicipality.
(2) Information of births and deaths shall be given and their registration shall be made and enforced in the
prescribed manner.
Section 309 Definition of infectious disease
Infectious disease' means a disease specified in Schedule V.
Section 310 Obligation of medical practitioner or owner or occupier of house to report infectious
disease
(1) If any medical practitioner becomes cognizant of existence of any infectious disease in any private or
public dwellings not being a public hospital, in the municipality, he shall inform the municipal health
officer with the least practicable delay.
(2) The information shall be communicated in such form and with such details as the municipal health
officer may require. The municipal health officer may pay a fee not exceeding one rupee for each
intimation by a private medical practitioner of a case occurring in his practice.
(3) This section shall apply to a Hakeem or a Vaidya.
(4) With the previous approval of the Collector of the district, the municipal health officer may direct the
compulsory notification by the owner or occupier of every house within the municipal limits during such
period and to such officer as the municipal health officer may specify of all deaths from or occurrence of
infectious diseases in his house.
Section 311 Power of entry into suspected places
The municipal health officer shall, at any time by day or by night without notice, or after giving such notice
as may appear to him reasonable, inspect any place in which any infectious disease is known or suspected
to exist, and take such measures as he may think fit to prevent the spread of such disease beyond such
place.
Section 312 Disinfection of buildings and articles
(1) If the Municipal Health Officer is of opinion that the cleansing or disinfecting of any premises or part
thereof, or of any article therein which is likely to retain infection, will tend to prevent or check the spread
of any infectious disease, he may by notice require the occupier to cleanse or disinfect the same in the
manner and within the time specified in such notice.
(2) If the municipal health officer considers that immediate action is necessary, or that the occupier is, by
reason of poverty or otherwise unable effectually to comply with his requisition, the municipal health
officer may himself, without notice, cause such premises or article to be cleansed or disinfected and for this
purpose may cause such article to be removed from the premises; and the expenses incurred by the
Municipal Health Officer shall be recoverable from the said occupier in cases in which he is, in the opinion
of the municipal health officer, not unable by reason of poverty effectually to comply with such requisition.
Section 313 Provision of places for disinfection and power to destroy infected articles
(1) The Municipal Health Officer shall, from time to time, notify places at which conveyances, clothing,
bedding, or other articles which have been exposed to infection from any infectious disease shall be washed
or disinfected.
(2) The municipal health officer may direct any clothing, bedding or other articles likely to retain such
infection to be disinfected or destroyed and shall, on demand, give compensation for any article destroyed
under this sub-section.
(3) No person shall wash such clothing or bedding or other articles in any places other than those set apart
for such purposes under sub-section (1).
Section 314 Prohibition against transfer of infected articles
No person shall without previously disinfecting it give, lend, let, hire, sell, transmit or otherwise dispose of
any article, which he knows or has reason to know, has been exposed to infection from any infectious
disease:
Provided that nothing in this section shall apply to a person who transmits with proper precautions any
article for the purpose of having it disinfected.
Section 315 Power of "Chairperson" to prohibit use of water likely to spread infection
If the chief medical officer of the district, the municipal health officer or the local medical officer certifies
that the water in any well, tank or other place within the limits of the municipality, is likely if used for
drinking, to endanger or cause the spread of any infectious disease, the Chairperson shall by public notice,
prohibit the use of such water for drinking and domestic purposes during a specified period.
Section 316 Municipal health officer may order removal of patients to hospitals
When a hospital or other place for the reception of persons suffering from infectious diseases is provided
by the council, the municipal health officer may, on a certifiacte signed by a medical practitioner registered
under the law relating to the registration of medical practitioners for the time being in force, arrange for, or
direct the removal to such hospital or place, or any person suffering from an infectious disease who is, in
the opinion of such medical practitioner without proper lodging or accommodation, or without medical
supervision directed to prevent the spread of the disease, or who is in a place occupied by more than one
family.
Section 317 Prohibition against infected person carrying on occupation
If any person knows or has been certified by the municipal health officer, the local medical officer, or a
registered medical practitioner that he is suffering from an infectious disease, he shall not engage in any
occupation, or carry on any trade or business, which involves the risk of spreading the disease.
Section 318 Prohibition against person suffering from infectious disease entering public conveyance
(1) No person who is suffering from any infectious disease shall, without taking proper precautions against
spreading such disease, cause or allow himself to be conveyed in a public conveyance.
(2) No person who is suffering from any infectious disease shall enter a public conveyance without
previously notifying to the owner or driver or person-in-charge of such conveyance that he is so suffering.
(3) No owner, driver, or person-in-charge of a public conveyance shall knowingly carry or permit to be
carried in such conveyance any person suffering as aforesaid in contravention of sub-section (1).
(4) No owner or driver or person-in-charge of a public conveyance shall be bound to convey any person
suffering as aforesaid, unless and until the said person pays or tenders a sum sufficient to cover any loss
and costs that may be incurred in disinfecting such conveyance, anything in any Act relating to public
conveyances, for the time being in force to the contrary notwithstanding.
(5) A court convicting any person of contravening sub-section (1) or sub-section (2) may levy, in addition
to the penalty for the offence provided in this Act, an additional fine of such amount as the Court deems
sufficient to cover the loss and costs which the owner or driver must incur for the purpose of disinfecting
the conveyance. The amount of any additional fine so imposed shall be awarded by the court to the owner
or driver of the conveyance.
Provided that if such additional fine is imposed in a case which is subject to appeal, the amount shall not be
paid to the owner or driver before the period allowed for presenting the appeal has elapsed, or, if an appeal
is presented, before the decision of the appeal.
(6) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the court
shall take into account any sum which the plaintiff shall have received under this section.
Section 319 Letting of infected buildings
(1) No person shall let or sub-let or allow any person to enter a building or any part of a building in which
he knows or has reason to know, that a person has been suffering from any infectious disease without
having the same and all articles therein liable to retain infection, disinfected to the satisfaction of the
municipal health officer.
(2) For the purpose of sub-section (1), the keeper of a hotel or lodging house shall be deemed to let the
same or part of the same to any person accommodated therein.
Section 320 Power to order closure of places of public entertainment
In the event of the prevalence of any infectious disease within the municipality, the council may by notice
require the owner or occupier of any building, booth or tent used for purposes of public entertainment to
close the same for such period as it may fix.
Section 321 Minor suffering from infectious disease not to attend school
No person, being the parent or having the care or charge of a minor who is or has been suffering from an
infectious disease or has been exposed to infection therefrom shall, after a notice from the municipal health
officer or the local medical offier that the minor is not to be sent to school or college, permit such minor to
attend school or college without having procured from the municipal health officer, the local medical
officer or a registered medical practitioner a certificate that in his opinion such minor may attend without
undue risk of communicating such disease to others. No fee shall be charged by the Municipal Health
Officer or the Local Medical Officer for the grant of a certificate under this section. Small-pox
Section 322 Compulsory vaccination
(1) Vaccination shall be compulsory in every municipality in respect of such persons and to such extent as
may be prescribed.
(2) The procedure prescribed in such rules for enforcing vaccination shall be observed.
Section 323 Obligation to give information of small-pox
Where an inmate of any dwelling place is suffering from small-pox, the head of the family to which the
inmate belongs, and in his default, the occupier or person-in-charge of such place, shall inform the
Municipal Health Officer with the least practicable delay.
Section 324 Mosquito control
The council shall take such measures as may be necessary to prevent or eradicate the breeding of
mosquitoes in any area in the municipality.
Section 325 Power of access to Commissioner for anti-malarial operations
The Commissioner or any person authorised by him in this behalf shall, for the purpose of anti-malarial
operation, have access to any area in the municipality which has been or is a breeding place for mosquitoes.
PART 6 Subsidiary Legislation and Penalties
CHAPTER 1 RULES, BYE-LAWS AND REGULATIONS
Section 326 Power of Government to make rules
(1) The Government may by notification in A.P.Gazette make rules for carrying out all or any of the
purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power they may make rules
(a) with reference to all matters expressly required or allowed by this Act to be prescribed;
(b) with reference to all matters not expressly provided for in this Act, relating to electoral rolls and the
conduct of enquiries and decisions of disputes relating to electoral rolls relating to the elections of
Chairperson, Vice-Chairperson, or Members including deposits to be made by candidates standing for
elections as Members and the conditions under which such deposits may be forfeited:
Provided that the deposits required shall not exceed one hundred rupees.
(c) as to the conditions on which property may be acquired by the council or on which property vested in or
belonging to the council may be transferred by sale, mortgage, lease, exchange or otherwise;
(d) as to the working of provident funds;
(e) as to the matters mentioned in Rule 39 of the Taxation and Finance Rules in Schedule II; as to the
conditions on which grants-in-aid shall be paid from municipal fund for purposes of education and medical
relief and as to the conditions on which grants and loans may be made to co-operative building societies;
(f) as to the intermediate offices, if any, through which correspondence between the municipal authorities
and the Government or officers of the Government shall pass;
(g) as to the preparation of plans and estimates for works which are to be partly or wholly constructed at the
expense of the council and the power of to municipal authorities or officers of the Government, to accord
professional or administrative sanction to estimates;
(h) as to the accounts to be kept by the council, the manner in which such accounts shall be audited and
published and as to the conditions under which the rate-payers may appear before auditors, inspect books
and vouchers and take exception to items entered or omitted therein;
(i) as to the estimates of receipts and expenditure, returns, statements and reports to be submitted by
council;
(j) as to the modes in which the officers of the Government shall advise and assist council in carrying out
the purposes of this Act;
(k) as to the interpellation of the Chairperson by the Members;
(l) as to the moving of resolutions at the meetings of the Council;
(m) for regulating the sharing between local authorities of the proceeds of the x x x tax on carriages and
carts, tax on animals, and other taxes or income levied or obtained under this or any other Act;
(n) as to the form of registers and returns of births and deaths and the manner in which the registers shall be
maintained, the dates on which returns shall be made and the officer to whom returns shall be sent;
(o) as to the transfer of allotments entered in the sanctioned budget of a council from one head to another;
(p) as to the power of auditors, inspecting and superintending officers and officers authorised to hold
inquiries, to summon and examine witnesses, and to compel the production of documents and all other
matters connected with audit, inspection, and superintendence;
(q) for determining the cost of buildings and lands;
(r) as to the fines to be imposed in respect of breach of bye- laws made under Section 330;
(s) as to the procedure to be followed in the making of a layout and forming of street or road and the setting
apart of areas for public purposes and for determining the information and plans to be submitted with the
applications for permission to make layouts and form streets or roads and set apart areas for public
purposes and for regulating the level and width of public streets or roads and the height of buildings
abutting thereon.
(3) In making any rules, the Government may provide that a breach thereof shall be punishable with a fine
which may extend to one hundred rupees.
(4) Every rule made under this Act shall, immediately after it is made, be laid before each House of the
State Legislature if it is in session, and if it is not in session, in the session immediately following for a total
period of fourteen days which may be comprised in one session or in two successive sessions, and if before
the expiration of the session in which it is so laid or the session immediately following, both Houses agree
in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which
the modification or annulment is notified in the Andhra Pradesh Gazette, have effect only in such modified
form or shall stand annulled, as the case may be; so however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done under that rule.
Section 327 Section
xxxxx
Section 328 Power to amend Schedules
(1) The Government may, by notification, alter, add to or cancel Schedules I, II, III, IV, V, VI and VII.
(2) Where a notification has been issued under sub-section (1), there shall, unless the notification is in the
meantime rescinded, be introduced in the Legislative Assembly, as soon as may be, but in any case during
the next session of the Legislative Assembly following the date of the issue of the notification, a Bill on
behalf of the Government, to give effect to the alteration, addition or cancellation, as the case may be, of
the Schedules specified in the notification, and the notification shall cease to have effect when such Bill
becomes law, whether with or without modifications, but without prejudice to the validity of anything
previously done thereunder:
Provided that if the notification under sub-section (1) is issued when the Legislative Assembly is in session,
such a Bill shall be introduced in the Legislative Assembly during that session;
Provided further that where for any reason a Bill as aforesaid does not become law within six months from
the date of its introduction in the Legislative Assembly the notification shall cease to have effect on the
expiration of the said period of six months.
(3) All references made in this Act, to any of the Schedules shall be construed as relating to the Schedules
as for the time being amended in exercise of the powers conferred by this Section.
Section 329 Section
xxxxxx
Section 330 Power of council to make bye-laws
The council may make bye-laws, not inconsistent with this Act or with any other law, to provide--
(1) for all matters expressly required or allowed by this Act to be provided for by bye-law;
(2) for the due performance by all municipal officers and employees of the duties assigned to them;
(3) for the regulation of the time and mode of collecting the taxes and duties under this Act;
(4) for determining the conditions under which lands shall be deemed to be appurtenant to buildings;
(5)
(a) for the use of public tanks, well, conduits and other places or works for water-supply;
(b) for the regulation of public bathing, washing and the like;
(c) for the maintenance and protection of the water-supply system, and the protection of the water-supply
from contamination;
(d) for the conditions on which connections with the council's water-supply mains may be made, for their
alteration and repair and for their being kept in proper order;
(e) for the supply of water for consumption and use;
(f) for the prevention of waste of water;
(g) for the measurement of water;
(h) for the compulsory provision of cisterns and meters;
(i) for the supply of water in case of fire;
(6) for the maintenance and protection of the lighting system;
(7)
(a) for the maintenance and protection of the drainage system;
(b) for the construction of house-drains and for regulating their situation, mode of construction and
materials;
(c) for the alteration and repair of house-drains;
(d) for the cleansing of house-drains;
(e) for the construction of cess-pools, septic-tanks, filters and drains;
(f) for the payment or apportionment of money payable on account of pipes or drains common to more
premises than one;
(8) for the cleansing of latrines, earth-closets, ash-pits and cess-pools and the keeping of latrines supplied
with sufficient water for flushing;
(9)
(a) for the testing of water pipes and drains in private premises, the recovery or the apportionment of the
cost of such testing, and the breaking up of ground or of buildings for the purposes of such testing;
(b) for the licensing of plumbers and fitters, and for the compulsory employment of licensed plumbers and
fitters;
(10) for the protection of avenues, streets grass and other appurtenances of public streets and other places;
(11) for the regulation of the use of parks, gardens, and other public or municipal places and institutions,
but not including the regulation of traffic therein, the reservation thereof for particular kinds of traffic, or
the closing thereof or parts thereof to traffic;
(12)
(a) for the regulation of building;
(b) for determining information and plans to be submitted with applications to build;
(c) for the licensing of builders and surveyors and for the compulsory employment of licensed builders and
surveyors;
(13) for the regulation of hotels, lodging houses, boarding houses, choultries, rest-houses, emigration
depots, restaurants, eating houses, cafes, refreshment rooms, coffee-houses, tea stalls and any premises to
which the public are admitted for repose or for the consumption of any food or drink;
(14) for regulating the mode of constructing stables, cattle-sheds and cow-houses and connecting them with
municipal drains;
(15) for the sanitary control and supervision of places used for any of the purposes specified in Schedule IV
and of any trade or manufacture carried on therein;
(16)
(a) for the control and supervision of slaughter houses and of places used for skinning and cutting up
carcasses;
(b) for the control and supervision of the methods of slaughtering;
(c) for the control and supervision of butchers carrying on business in the municipality or at any slaughter-
house outside the municipality provided by the council or licensed by the municipal health officer, as the
case may be;
(17) for the inspection of milch cattle, and the regulation of the ventilation, lighting, cleaning drainage and
water-supply of dairies and cattle-sheds in the occupation of persons following the trade of dairy-man or
milk seller;
(18) for enforcing the cleanliness of milk stores and milk shops and vessels and utensils used by the
keepers thereof or by hawkers for containing or measuring milk or preparing any milk product and for
enforcing the cleanliness of persons employed in the milk trade:
(19) for requiring notice to be given whenever any milch animal is affected with any contagious disease
and prescribing the precautions to be taken in order to protect milch cattle and milk against infection and
contamination;
(20)
(a) for the inspection of public and private markets and shops and other places therein;
(b) for the regulation of their use and the control of their sanitary condition;
(c) for licensing and controlling brokers, commission agents, weighmen and measurers practising their
calling in markets;
(21) for prescribing the method of sale of articles whether by measure, weight, tale or piece;
(22) for the prevention of the sale or exposure for sale of unwholesome meat, fish or provisions and
securing the efficient inspection and sanitary regulation of shops in which articles intended for human food
are kept or sold;
(23)
(a) for the regulation of burial and burning grounds and other places for the diposal of corpses;
(b) for the verification of deaths and the causes of death;
(c) for the period for which corpses must be kept for inspection;
(d) for the period within which corpses must be conveyed to a burial or burning ground, and the mode of
conveyance of corpses through public places;
(24) for the registration of births and deaths;
(25) for the training and licensing of nurses, dhais and midwives;
(26) for the enumeration of the inhabitants of the municipality;
(27) for the prevention of infectious diseases of persons or animals;
(28) for the enforcement of compulsory vacination;
(29) for the prevention of outbreaks of fire;
(30) for the prohibition and regulation of advertisements in public streets or parks;
(31) in general for securing cleanliness, safety and order and the good government and well-being of the
municipality and for carrying out all the purposes of this Act.
Section 330A Power of Government to make rules in lieu of bye-laws
(1) If, in respect of any matters specified in Section 330 the council has failed to make any bye-laws or if
the bye-laws made by it are not, in the opinion of the Government, adequate, the Government may make
rules providing for such matters as they may think fit.
(2) The rules made under this section may add to alter or cancel any bye-laws made by the council.
(3) If any provision of bye-laws made by the council is repugnant to any provision of a rule made under
this section, the rule shall prevail, and the bye-laws, to the extent it is repugnant, be void.
(4) The provisions of Sections 331, sub-section (2) of Section 333 and Section 33-A shall apply to the rules
made under this section as they apply to the bye-laws made under Section 330.
(5) Before making any rule under this section the Government shall give the council an opportunity of
showing cause agiainst the proposal.
Section 331 Power to give retrospective effect to certain bye-laws
Bye-laws with regard to the drainage of, and supply of water to, buildings and water-closets, earth-closets,
privies, ash-pits and cess-pools in connection with buildings and the keeping of water-closets supplied with
sufficient water for flushing may be made so as to affect buildings erected before passing of the bye-laws
or this Act.
Section 332 Conditions precedent to making bye-laws
The council shall, before making or altering bye-laws, publish a draft of the proposed bye-laws and
alterations together with a notice specifying a date at or after which such draft will be taken into
consideration, and shall, before making the bye-laws or alterations, receive and consider any objection or
suggestion which may be made in respect of such draft by any person interested therein before the date so
specified.
Section 333 Confirmation of bye-laws by Government
(1) No bye-law or cancellation or alteration of bye-law shall have effect until the same is approved and
confirmed by the Government.
(2) Any bye-law or cancellation or alteration of a bye-law when it is duly confirmed shall be published in
the prescribed manner in English and in the main language of the district and shall come into operation
three months after it is so published.
Section 333A Penalty for breaches of bye-laws
In making bye-laws the Municipal Council may, subject to the provisions of Clause (1) of Article 20 of the
Constitution, provide that a breach thereof shall be punishable--
(a) with fine which may extend to fifty rupees and in case of a continuing breach with fine which may
extend to fifteen rupees for every day during which the breach continues after conviction for the first
breach; or
(b) with fine which may extend to ten rupees for every day during which the breach continues after receipt
of notice from the executive authority to discontinue such breach.
Section 334 Copies of Act, rules and bye-laws to be sold at municipal office
Complete copies in English and in the main language of the district--
(a) of this Act,
(b) of all rules framed by the Government under clause (b) of Sub-section (2) of Section 326, and
(c) of all bye-laws in force for the time being, shall be kept at the municipal office and shall be sold to the
public at cost price.
Section 335 Publication of regulations
Regulations made by the municipal authorities under this Act shall be published in such manner as the
council may determine.
CHAPTER 2 Penalties
Section 336 General provisions regarding penalties specified in Schedules VI and VII
(1) Whoever -
(a) contravenes any provision of any of the sections or rules specified in the first column of Schedule VI, or
(b) contravenes any rule or order made under any of the specified sections or rules in the said Schedule, or
(c) fails to comply with any direction lawfully given to him or any requisition lawfully made upon him
under or in pursuance of the provisions of any of the said sections or rules, shall, on conviction, be
punished with fine which may extend to the amount mentioned in that behalf in the forth column of the said
Schedule:
Provided that the fine imposed shall, in no case, be less than one-third of the said amount.
(2) Whoever, after having been convicted of--
(a) contravening any provision of the sections or rules specified in the first column of Schedule VII, or
(b) contravening any rule or order made under any of the specified sections or rules in the said Sehedule, or
(c) failing to comply with any direction lawfully given to him or any requisition lawfully made upon him
under or in pursuance of the provisions of any of the said sections or rules, continues to contravene the said
provision or to neglect to comply with the said direction or requisition, as the case may be, shall, on
conviction, be punished for each day after the previous date of conviction during which he continues so to
offend, with fine which may extend to the amount mentioned in that behalf in the forth column of the said
Schedule:
Provided that the fine imposed shall, in no case be less than one-third of the said amount.
Explanation:- The entries in the third column of Schedules VI and VII headed "subject" are not intended as
definitions of the offences described in the sections, sub-sections, or clauses mentioned in the first and
second columns or even as abstracts of those sections, sub-sections, or clauses, but are inserted merely as
references to the subject of the sections, sub-sections or clauses, as the case may be.
Section 337 Penalty for acting as Member, Chairperson, or Vice-Chairperson when disqualified
(1) Whoever acts as a Member knowing that under this Act or the rules made thereunder he is not entitled,
or has ceased to be entitled, to hold such office shall, on conviction, be punished with fine not exceeding
two hundred rupees for every such offence.
(2) Whoever acts as or exercises the functions of the Chairperson or Vice-Chairperson of a council
knowing that under this Act or the rules made thereunder he is not entitled, or has ceased to be entitled, to
hold such office or to exercise such functions shall, on conviction, be punished with fine not exceeding one
thousand rupees for every such offence.
(3) If the Chairperson or Vice-Chairperson of a council fails to hand over any documents of, or any moneys
or other properties vested in, or belonging to, the council which are in or have come into his possession or
control, to his successor in office or other prescribed authority, in every case as soon as his term of office as
Chairperson or Vice-Chairperson expires and in the case of the Vice-Chairperson also on demand by the
Chairperson, such Chairperson or Vice-Chairperson shall, on conviction, be punished with fine not
exceeding one thousand rupees for every such offence.
Section 338 Penalty for acquisition by any municipal officer of interest in contract or work
If any municipal officer or employee knowingly acquires, directly or indirectly, by himself or by a co-
sharer or servant, or near relative or any benamidar, any share or interest in any contract or employment
with, by or on behalf of, the council, he shall be deemed to have committed an offence under Section 168
of the Indian Penal Code:
Provided that no person shall, by reason of being a share-holder in, or member of, any company, be held to
be interested in any contract entered into between such company and the council unless he is a director of
such company:
Provided further that nothing in this section shall apply to a teacher employed by a council who, with the
sanction of the Government, enters into a contract with the council with regard to the utilization for the
purpose of a school of any land or building owned by him or in which he has a share or interest.
Section 339 Penalty for omission to take out licence for carriage or animal
(1) Every owner or person in charge of any carriage or animal liable to tax who omits to obtain a licence
shall, on conviction, be punished with fine not exceeding fifty rupees and shall also pay the amount of the
tax payable by him in respect of such carriage or animal.
(2) On payment of such fine and tax and of such costs as may be awarded, such owner or person shall
receive a licence for the carriage or animal in respect of which he has been fined and for the period during
which he has found to be in default.
(3) The provisions of this section shall apply to any person who having compounded for the payment of a
certain sum under Section 108, fails to pay such sum, and the amount due for a licence shall, in such case,
be taken as the amount so compounded for.
Section 339A Penalty for wilful prevention of distraint
Any person wilfully preventing distraint or sufficient distraint of property subject to distraint for any tax
due from any person, shall on conviction be liable to a fine not exceeding twice the amount of the tax found
to be due.
Section 340 Penalty for unlawful building
If the construction or reconstruction of any building or well--
(a) is commenced without the permission of the Commissioner, or
(b) is carried on or completed otherwise than in accordance with the particulars on which such permission
was based, or
(c) is carried on or completed in contravention of any lawful order or in breach of any provision contained
in this Act or in any rule or bye-law made thereunder or of any direction or requisition lawfully given or
made, or
if any alterations or additions required by any notice issued under Section 217 or Section 228 are not duly
made, or if any person to whom a direction is given under Section 228 to alter or demolish a building or
well fails to obey such direction, the owner of the building or well or the said person, as the case may be,
shall be liable on conviction to a fine which may extend in the case of a building to five hundred rupees
subject to a minimum of fifty rupees and in the case of a well or hut to fifty rupees, subject to a minimum
of ten rupees and to a further fine which may extend in the case of a building to one hundred rupees subject
to a munimum of ten rupees and in the case of a well or hut to ten rupees subject to a munimum of two
rupees, for each day during which the offence is proved to have continued after the first day.
Section 341 Notice to conservancy worker before discharge, etc.
(1) Every conservancy worker employed by the council shall be entitled to one month's notice before
discharge or to one month's wages in lieu thereof, unless he is discharged for misconduct or was engaged
for a specified term and discharged at the end of it.
(2) Where any conservancy worker employed by the council, without reasonable cause, resigns his
employment or absents himself from his duties without giving one month's notice to the council, or
neglects or refuses to perform his duties, or any of them, he shall be liable on conviction to a fine not
exceeding fifty rupees.
(3) The Government may, by notification in the Andhra Pradesh Gazette, direct that, on and from a date to
be specified in the notification, the provisions of Sub-sections (1) and (2) with respect to conservancy
workers shall apply also to any specified class of municipal employees whose functions intimately concern
the public health or safety.
Section 342 Wrongful restraint of municipal authority or officer and his delegate
Every person, who prevents the municipal authority or officer or any person to whom the said authority or
officer has lawfully delegated its or his powers of entering into or on any land or building, from exercising
its or his lawful power of entering thereinto or thereon shall be deemed to have committed an offence under
Section 341 of the Indian Penal Code.
Section 343 Penalty for not giving information or giving false information
If any person, who is required, by the provisions of this Act or by any notice or other proceedings issued
under this Act to furnish any information,--
(a) omits to furnish it, or
(b) knowingly furnishes false information, such person shall be liable to a fine not exceeding on hundred
rupees.
PART 7 Procedure and Miscellaneous
Section 344 General provisions regarding licences and permissions
(1) Every licence and permission granted under this Act or any rule or bye-law made under this Act shall
specify the period if any for which, and the restrictions, limitations and conditions subject to which, the
same is granted, and shall be signed by the Commissioner.
(2) Save as otherwise expressly provided in or prescribed under this Act, for every such licence or
permission, fees be charged on such units and at such rates as may be fixed by the council.
(3) The council may--
(a) place the collection of such fees under the management of such persons as may appear to it proper;
(b) farm out such collection for any period not exceeding three years at a time and on such terms and
conditions as it may think fit.
(4) Every order of a municipal authority granting or refusing a licence or permission shall be
communicated to the person concerned.
(5) Every order of a municipal authority refusing, suspending, cancelling or modifying, a licence or
permission shall be in writing and shall state the grounds on which it proceeds.
(6) Subject to the special provisions in Chapters IV and VI of Part V regarding buildings and private
markets and subject to such sanction as may by required for the refusal of a licence or permission, any
licence or permission, granted under this Act or any rule or bye-law made under it, may at any time be
suspended or revoked by the Commissioner in consultation with the person or authority granting the
licence or permission if any of its restrictions, limitations or conditions is evaded or infringed by the
grantee, or if the grantee is convicted of a breach of any of the provisions of this Act, or of any rule, bye-
law or regulation made under it in any matter to which such licence or permission relates, or if the grantee
has obtained the same by misrepresentation or fraud;
Provided that the grantee shall be given an opportunity to show cause against such suspension or
revocation.
(7) It shall be the duty of the Commissioner to inspect places in respect of which a licence or permission is
required by or under this Act, and he may enter any such place between sunrise and sunset and also
between sunset and sunrise, if it is open to the public or any industry is being carried on in it at the time;
and if he has reason to believe that anything is being done in any place without a licence or permission
where the same is required by or under this Act or otherwise than in conformity with the same, he may at
any time by day or night, without notice, enter such place for the purpose of satisfying himself whether any
provision of law, rules, bye-laws or regulations, any condition of a licence or permission or any lawful
direction or prohibition is being contravened and no claim shall lie against any person for any damage or
inconvenience necessarily caused by the exercise of powers under this sub-section by the Commissioner or
any person to whom he has lawfully delegated his powers, or by any force necessary for effecting any
entrance under this sub-section.
(8) when any licence or permission is suspended or revoked or when the period for which it was granted or
within which application for renewal should be made, has expired, whichever expires later, the grantee
shall, for all purposes of this Act or any rule or bye-law made under this Act, be deemed to be without a
licence or permission until the order suspending or revoking the licence or permission is cancelled or,
subject to sub-section (13), until the licence or permission is renewed as the case may be.
(9) Every grantee of any licence or permission shall, at all reasonable times, while such licence or
permission remains in force, produce the same at the request of the Commissioner or any person authorised
by him in this behalf.
(10) Whenever any person is convicted of an offence in respect of the failure to obtain a licence or
permission or to make a registration required by the provisions of this Act or any rule or bye-law made
under this Act, the magistrate shall, in addition to any fine which may be imposed, recover summarily and
pay over to the council amount of the fee chargeable for the licence or permission or for registration, and
may in his discretion also recover summarily and pay over to the council such amount, if any, as he may fix
as the costs of the prosecution.
(11) Save as otherwise expressly provided in or prescribed under this Act, every application for a licence or
permission or for registration or the renewal of a licence or permission or registration, shall be made not
less than thirty days and not more than ninety days before the commencement of the year or of such less
period as is mentioned in the application.
(12) Such recovery of the fee under sub-section (10) shall not entitle the person convicted to a licence or
permission or to registration as aforesaid.
(13) The acceptance by council of the pre-payment of the fee for a licence or permission or for registration
shall not entitle the person making such pre-payment to the licence or permission or to registration as the
case may be, but only to refund of the fee, in the case of refusal of the licence or permission or registration;
but an applicant for the renewal of a licence or permission or registration shall, until communication of
orders on his application, be entitled to act as if the licence or permission or registration had been renewed;
and save as otherwise specially provided in this Act, if orders on an application for or renewal of licence or
permission, or registration are not communicated to the applicant within ninety days in the case of the grant
of a licence, permission or registration and thirty days in the case of the renewal of a licence, permission or
registration, after the receipt of the application by the Commissioner the application shall be deemed to
have been allowed for the year or for such shorter period as is mentioned in the application subject to the
conditions imposed by or under this Act. Appeals
Section 345 Appeals
(1) An appeal shall lie to the council from--
(a) any notice issued or other action taken or proposed to be taken by the Chairperson, Commissioner,
municipal health officer or any other officer of the municipality--
(i) under Sections 140, 150, 157 to 161 (both inclusive) sub-sections (1) and (3) of Section 217, Sub-
section (3) of Section 228, Subsection (1) of Section 231, sub-section (1) of section 232, Sub-section (1) of
Section 237 and Sections 239, 250, 261 and 262;
(ii) under any bye-law concerning house drainage and the connection of house drains with municipal drains
or connections with municipal water supply or lighting mains; or
(b) any order of the Commissioner, municipal health officer or any other officer of the municipality
granting or refusing a licence or permission; or
(c) any order of the Commissioner made under Section 212 refusing to approve the site for building, or
under sub-section (6) of Section 344 suspending or revoking a licence; or
(d) any other order of the Commissioner, municipal health officer or any other officer of the municipality
that may be made appealable by rules under Section 326.
(2) The decision of the council on an appeal referred to it under sub-section (1) shall be final.
(3) An appeal under this section shall be presented and disposed of in the manner prescribed and no court-
fee shall be chargeable therefor.
Section 346 Limitation of time for appeal
In any case in which no time is prescribed by the foregoing provisions of this Act for the presentation of an
appeal allowed thereunder, such appeal, subject to the provisions of Section 5 of the Limitation Act, 1963.
(Central Act 36 of 1963) shall be presented--
(a) where the appeal is against an order granting a licence or permission, within thirty days after the date of
the publication of the order on the notice board of the council; and
(b) in other cases, within thirty days after the date of the receipt of the order or proceeding against which
appeal is made.
Section 347 Power of persons conducting election and other enquiries
All persons authorised by rule to conduct enquiries relating to elections and all inspecting or superintending
officers holding any enquiries into matters falling within the scope of their duties shall have, for the
purposes of such enquiries the same powers in regard to the issue of summons for the attendance of
witnesses and the production of documents, as are conferred on revenue officers by the law relating to the
issue of revenue summonses for the time being in force and all persons to whom summonses are issued by
virtue of the said powers shall be bound to obey such summonses.
Section 348 Summons to attend and give evidence or produce documents
The Chairperson, Commissioner, Municipal Health Officer, Municipal Engineer or Town Planning Officer
may summon any person to appear before him, and to give evidence or produce documents in respect of
any question relating to taxation, or inspection or registration, or to the grant of any licence or permission
under the provisions of this Act.
Section 349 Form of notices and permissions
All notices and permissions given, issued or granted, as the case may be, under the provisions of this Act
shall be in writing and in such form as may be prescribed.
Section 350 Signature on documents
(1) Every licence, permission, notice, bill, Schedule, summons or other document which is required by this
Act or by any rule, bye-law or regulation made under it to bear the signature of the Chairperson or
Commissioner or of any Municipal Officer shall be deemed to be properly signed if it bears a facsimile of
the signature of the Chairperson, Commissioner or of such Municipal Officer, as the case may be stamped
thereon.
(2) Nothing in Sub-section (1) shall be deemed to apply to a cheque drawn upon the municipal fund or to
any deed of contract entered into by the council.
Section 351 Publication of bye-laws, notices, orders etc.
Every bye-law, order, notice or other document directed to be published under this Act shall be written in,
or translated into, the main language of the district and deposited at the municipal office, and a copy shall
be posted up in a conspicuous position at such office and such other places as the council may direct, and a
public proclamation shall be made throughout the municipality by beat of drum that such copy has been so
posted up and that the original is open to inspection at the municipal office.
Section 352 Notice of prohibition or setting apart of places
Whenever the council has set apart any place for any purpose authorised by this Act or has prohibited the
doing of anything in any place, the Commissioner shall forthwith cause to be put up a notice in English and
in the main language of the district at or near such place. Such notice shall specify the purpose for which
such place has been set apart or the act prohibited in such place.
Section 353 Method of serving documents
(1) When any notice, or other documents is required by this Act or by any rule, bye-law, regulation or order
made under it, is to be served on or sent to any person, the service or sending thereof may be effected--
(a) by giving or tendering the said document to such person; or
(b) if such person is not found, by leaving such document at his last known place of abode or business or by
giving or tendering the same to some adult member or servant of his family; or
(c) if such person does not reside in the municipality and his address elsewhere is known to the
Commissioner by sending the same to him by post registered; or
(d) if none of the means aforesaid be available, by fixing the same in some conspicuous part of such place
of abode or business.
(2) Where the person is an owner or occupier of any building or land, it shall not be necessary to name the
owner or occupier in the notice or document, and in the case of joint owners and occupiers it shall be
sufficient to serve it on, or send it to , one of such owners or occupiers.
(3) Whenever in any bill, notice, form or other document, served or sent under this Act, a period is fixed
within which any tax or other sum is to be paid or any work executed or anything provided, such period
shall save as otherwise provided in this Act, be calculated from the date of such service or sending.
Relations of occupier to owner.
Section 354 Recovery by occupier of sum leviable from owner
If the occupier of any building or land makes on behalf of the owner thereof any payment for which under
this Act the owner but not the occupier is liable, such occupier shall be entitled to recover the same from
the owner and may deduct the same from the rent then or thereafter due by him to the owner.
Section 355 Obstruction of owner by occupier
(1) If the occupier of any building or land prevents the owner from carrying into effect in respect thereof
any of the provisions of this Act, the Commissioner may by an order, require the said occupier to permit
the owner, within eight days from the date of service of such order, to execute all such works as may be
necessary.
(2) Such owner shall, for the period during which he is prevented as aforesaid, be exempt from any fine or
penalty to which he might otherwise have become liable by reason of default in executing such works.
Section 356 Execution of work by occupier in default of owner
If the owner of any building or land fails to execute any work which he is required to execute under the
provisions of this Act or of any rule, bye-law, regulation or order made under it, the occupier of such
building or land may, with the approval of the Commissioner execute the said work and shall be entitled to
recover from the owner the reasonable expenses incurred in the execution thereof, and may deduct the
amount thereof from the rent then or thereafter due by him to the owner.
Section 357 Power of entry to inspect, survey or execute the work
The Chairperson or Commissioner or any person authorised by him in this behalf may enter into or on any
building or land with or without assistants or workmen in order to make any enquiry, inspection, test,
examination, survey, measurement, or valuation or for the purpose of lawfully placing or removing pipes or
meters, or to execute any other work which is authorised by the provisions of this Act or of any rule, bye-
law, regulation or order made under it, or which it is necessary for any of the purposes of this Act or in
pursuance of any of the said provisions, to make or execute:
Provided that--
(a) except when it is in this Act otherwise expressly provided, no such entry shall be made after sunset and
before sunrise;
(b) except when it is in this Act otherwise expressly provided, no dwelling house, and no part of a public
building, used as a dwelling place, shall be so entered without the consent of the occupier thereof, unless
the said occupier has received at least two hours' previous notice of the intention to make such entry; and
(c) sufficient notice shall be given in every case even when any premises may otherwise be entered without
notice, to enable the inmates of any apartment appropriated to women to remove to some part of the
premises where their privacy may be preserved;
(d) due regard shall be had, so far as may be compatible with the exigencies of the purpose of the entry, to
the social and religious usages of the occupants of the premises.
Section 358 Power of entry on lands adjacent to works
(1) Chairperson or Commissioner or any person authorised by him in this behalf may, with or without
assistants or workmen enter on any land adjoining or within fifty meters of any work authorised by this Act
or by any rule, bye-law, regulation or order made under it, for the purpose of depositing on such land any
soil, gravel, stone or other materials, or of obtaining access to such work or for any other purpose
connected with the carrying on thereof.
(2) The Chairperson or Commissioner or any person authorised by him as aforesaid, shall, before entering
on any land under sub-section (1), give the owner or occupier three days previous notice of the intention to
make such entry and state the purpose thereof, and shall if so required by the owner or occupier fence off
so much of the land as may be required for such purpose.
(3) The Chairperson or Commissioner shall not be bound to make any payment, tender or deposit, before
entering on any land under sub-section (1), but as little damage as may be shall be done and the
Chairperson or Commissioner shall pay compension to the owner or occupier of land for such entry and for
any temporary or permanent damage that may result therefrom.
(4) If such owner or occupier is dissatisfied with the amount of compensation paid to him by the
Chairperson or Commissioner he may appeal to the council. Power to enforce licensing provisions, orders
etc.
Section 359 Consequences of failure to obtain licences, etc., or of breach of the same
If, under this Act or any rule, bye-law or regulation made under it, the licence or permission of the council
Chairperson, Commissioner or other officer of the municipality or registration in the municipal office is
necessary for the doing of any act, and if such act is done without such licence or permission or
registration, or in a manner not consistent with the terms of any such licence or permission, then--
(a) the Chairperson, Commissioner or other officer may, by notice, require the person so doing such act to
alter, remove or, as far as practicable, restore to its original state the whole or any part of any property
moveable or immovable, public or private affected thereby, within a time to be specified in the notice; and
further.
(b) if no penalty has been specially provided in this Act for so doing such act, the person so doing it shall
be liable, on conviction before a magistrate, to a fine not exceeding fifty rupees for every such offence.
Section 360 Time for complying with order and power to enforce in default
(1) Whenever by in any notice, requisition, or order under this Act, or under any rule, bye-law or regulation
made under it, any person is required to execute any work or to take any measures or to do anything, a
reasonable time shall be named in such notice, requisition or order within which the work shall be
executed, the measures taken or the thing done.
(2) If such notice, requisition or order is not complied with, within the time so named, the Chairperson or
Commissioner or other officer concerned may cause such work to be executed or may take any measures or
do anything which may, in his opinon, be necessary for giving due effect to the notice; requisition or order
as aforesaid; and further if no penalty has been specially provided in this Act for failure to comply with
such notice, the said person shall be liable on conviction before a magistrate to a fine not exceeding fifty
rupees for every such offence.
Section 361 Recovery of expenses from persons liable and limitation of liability of occupier
(1) The Commissioner may, subject to the provisions of Section 150, recover any reasonable expenses
incurred under Section 360 from the person or any one of the persons to whom the notice, requisition or
order was addressed, and may, in executing work or taking measures under Section 360 utilize any
materials found on the property concerned or may sell them and apply the sale proceeds in or towards the
payment of the expenses incurred.
(2) If the person to whom notice is given is the owner of the property in respect of which it is given, the
Commissioner may, whether any action or other proceeding has been brought or taken against such owner
or not, require the person, if any, who occupies such property, or any part thereof, under the owner, to pay
to the council, instead of to the owner, the rent payable by him in respect of such property, as it falls due,
upto the amount recoverable from the owner under sub-section (1) or to such smaller amount as the
Commissioner may think proper; and any amount so paid shall be deducted from the amount payable by
the owner.
(3) For the purpose of deciding whether action should be taken under sub-section (2), the Commissioner
may require any occupier of property to furnish information as to the sum paid by him as rent on account of
such property and as to the name and address of the person to whom it is payable; and such occupier shall
be bound to furnish such information.
Section 362 Power of Commissioner to agree to receive payment of expenses in instalments
Instead of recovering any such expenses as aforesaid in the manner provided under Section 364, the
Commissioner may, if he thinks fit, take an agreement from the person liable to the payment thereof, to pay
the same in instalments of such amounts and at such intervals as will serve the payment of the whole
amount due, with interest thereon, at such rates as may be prescribed at within a period of not more than
five years. Payment of compensation, etc. by and to the municipality
Section 363 Power of municipality to pay compensation
If in any case not otherwise expressly provided for, in this Act, the Commissioner may, with the approval
of the Council pay compensation to any person who sustains damage by reason of the exercise by any
municipal authority, officer or servant of any of the powers vested in them by this Act or any other law, or
by any rule, bye-law or regulation made under it.
Section 364 Recovery of sums due as taxes
All costs, damages, penalties, compensation charges, fees, other than school fees, expenses, rents,
contributions and other sums which under this Act or any other law or rules or bye-laws made thereunder
or under any contract in respect of water supply or drainage, made in accordance with this Act, the rules or
bye-laws, are due by any person to the council, may, if there is no special provision in this Act for their
recovery be demanded by bill as provided in the rules in Schedule II and recovered in the manner provided
therein.
Section 365 Limitation for recovery of dues
(1) No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect
of any sum due to the council under this Act after the expiration of a period of three years from the date on
which distraint might first have been made, or after the expiration of a period of nine years from the date on
which a suit might first have been instituted, or after the expiration of a period of six years from the date on
which prosecution might first have been commenced, as the case may be, in respect of such sum;
(2) It shall be the duty and responsibility of the Commissioner to place before the council a list of arrears
due to the council under this Act which, if no action is taken within the period specified in sub-section (1),
are likely to be time-barred, atleast one year before the expiry of the said period stating the reasons for the
delay in the recovery of such amount and requesting for the instructions or directions of the Council in
regard to the recovery of such arrears.
(3) If the Commissioner fails to furnish the list as aforesaid or omits to show in such list any arrears, or if
the arrears shown in the list are due to the failure on the part of any bill collector or other employee of the
council, entrusted with the collection of sums due to the council under this Act, the Commissioner or such
bill-collector or other employee, as the case may be, shall be deemed to be negligent for which, action
under sub-section (1) of Section 374 may be taken.
Section 366 Persons empowered to prosecute
Subject to the provisions of Section 365, no person shall be tried for any offence against the provisions of
this Act, or of any rule or bye-law made under it, unless complaint is made by the Commissioner or by a
person expressly authorized in this behalf by the Council within three months of the commission of the
offence. But nothing therein shall affect the provisions of the Code of Criminal Procedure, 1973 (Central
Act 2 of 1974), in regard to the powers of certain magistrates to take congizance of offences upon
information received or upon their own knowledge or suspicion;
Provided that failure to take out a licence, obtain permission or secure registration under this Act shall, for
the purposes of this section, be deemed a continuing offence until the expiration of the period, if any, for
which the licence permission or registration is required and if no period is specified, complaint may be
made at any time within twelve months from the commencement of the offence.
Section 367 Imprisonment in default of payment and application of costs etc.
(1) In case any fine or costs imposed or assessed by a magistrate under this Act or under any rule or bye-
law made under it, shall not be paid, the magistrate may order the offender to be imprisoned in default of
payment subject to all the restrictions, limitations and conditions imposed in Sections 64 to 70 (both
inclusive) of the Indian Penal Code.
(2) Any fine, costs, tax or other sum imposed or assessed by a magistrate under this Act or under any rule
or bye-law made under it shall be recoverable by such magistrate under the Code of Criminal Procedure,
1973 (Central Act 2 of 1974), as if it were a fine and the same shall, except in the case of a fine on
recovery, be paid to the council, to be applied to the purposes of this Act.
Section 368 Payment of compensation for damage to municipal property
If, on account of any act or omission any person has been convicted of an offence against the provisions of
this Act or against any rule or bye-law made under it and by reason of such act or omission, damage has
been caused to any property owned by or vesting in the council, the said person shall pay compensation for
such damage, notwithstanding any punishment to which he may have been sentenced for the said offence.
In the event of dispute, the amount of compensation payable by the said person shall be determined by the
magistrate before whom he was convicted of the said offence on application made to him for the purpose
of, by the Commissioner not later than three months from the date of conviction; and in default of payment
of the amount of compensation so determined, it shall be recovered under a warrant from the said
magistrate as it it were a fine inflicted by him on the person liable therefor.
Section 369 Institution of suits against municipal authorities, officers and servants
(1) No suit for damages or compensation shall be instituted against the council, any municipal authority,
officer or servant, or any person acting under the direction of such council, municipal authority, officer or
servant, in respect of any act done in pursuance of execution or intended execution of this Act or any rule,
bye-law, regulation or order made under it or in respect of any alleged neglect or default in the execution of
this Act, or any rule, bye-law, regulation, or order made under it, until the expiration of three months after a
notice has been delivered or left at the municipal office or at the place of abode of such officer, servant or
person, stating the cause of action, the relief sought and the name and the place of abode of the intending
plaintiff and the plaint shall contain a statement that such notice has been so delivered or left.
(2) Every such suit shall be instituted within six months after the date on which the cause of action arose or
in a case of a continuing injury or damage, during such continuance or within six months after the ceasing
thereof.
(3) Where the defendant in any such suit is the Chairperson, the Commissioner or a municipal officer or
employee, payment of the sum or any part of any sum, payable by him in, or in consequence of the suit
whether in respect of costs, charges, expenses, compensation, for damages or otherwise, shall be met from
the municipal fund.
Section 370 Provisions respecting institution etc., of civil and criminal actions and obtaining of legal
advice
The Commissioner may, ..............
(a) take, or withdraw from, proceedings against any person who commits--
(i) any offence against this Act, rules, bye-laws or regulations;
(ii) any offence which affects or is likely to affect any property or interest of the council or the due
administration of this Act;
(iii) any nuisance whatsoever;
(b) compound any offence against this Act, the rules, bye-laws or regulations which has been specified as
compoundable in Schedule VI;
(c) take, withdraw from or compromise proceedings for the recovery of expenses or compensation claimed
to be due to the council;
(d) withdraw or compromise any claim against any person in respect of a penalty payable under a contract
entered into with such person;
(e) defend any suit or other legal proceedings brought against the council or against any municipal
authority, officer or employee, in respect of anything done or omitted to be done as aforesaid;
xxxx
(f) compromise any claim, suit or legal proceedings brought against the council or against any municipal
authority, officer or employee, in respect of anything, done or omitted to be done as aforesaid;
(g) institute and prosecute any suit or withdraw from or compromise any suit or claim, which has been
instituted or made in the name of the council or any other municipal authority officer or employee;
(h) obtain such legal advice and assistance as he may, from time to time, think it necessary or expedient to
obtain, or as he may be desired by the council to obtain, for any of the purposes mentioned in the foregoing
clauses of this section or for securing the lawful exercise or discharge of any power or duty vesting in or
imposed upon, any municipal authority or officer or employee.
Section 371 Power of election authority to defend himself, if sued
The election authority may defend himself, if sued or joined as party in any proceeding relating to the
preparation or publication of electoral rolls or the conduct of elections, as the case may be, and the
expenses incurred by the election authority in so doing shall be payable from the municipal fund.
Section 372 Injunctions not 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 temporary injunction or make any interim order
restraining any proceeding which is being or about to be taken under this Act, for the preparation or
publication of electoral rolls or for the conduct of any elections.
Section 373 Indemnity to the Government, Collector, Revenue Divisional Officer, Municipal
Authorities, Officers and Agents
No suit shall be maintainable against the Government, the District Collector, the Revenue Divisional
Officer or any Chairperson, Municipal Authority, officer or employee or any person acting under the
direction of any Chairperson, municipal authority, officer or employee, or of a magistrate, in respect of
anything done in good faith under this Act or any rule, bye-law, regulation or order made under it.
Section 374 Liability for loss, waste or misapplication
(1) The Chairperson, every Member, the Commissioner, the Municipal Health Officer, the Municipal
Engineer, the Education Officer, the town planning officer and the bill collector or other employee of the
council, entrusted with the collection of sums due to the council under this Act, shall be liable for the loss,
waste or misapplication of any money or other property owned by or vested in the council, if such loss,
waste or misapplication is a direct consequence of his neglect or misconduct and a suit for compensation
may be instituted against him by the council with the previous sanction of the Government or by the
Government.
(2) No such suit shall be instituted after three years after the accrual of the cause of action.
Section 375 Sanction for prosecution of Chairperson, Council, Commissioner or Municipal Health
Officer or any other officer
When the Chairperson any Member, the Commissioner or municipal health officer or any other officer is
accused of any offence alleged to have been committed by him while acting or purporting to act in the
discharge of his official duty, no court shall take cognizance of such offence except with the previous
sanction of the Government.
Section 376 Assessments etc., not to be questioned
(1) No assessment or demand made, and no charge imposed under the authority of this Act shall be
questioned or affected by reason of any clerical error or by reason of any mistake (a) in respect of the
name, residence, place of business or occupation of any person or (b) in the description of any property or
thing, or (c) in respect of the amount assessed, demanded or charged, provided that the provisions of this
Act have been in substance and effect, complied with; and no proceedings under this Act shall, merely for
defect in form, be quashed or set aside by any Court.
Provided that the person or property so assessed or charged is reasonably ascertainable.
(2) No suit shall be brought in any court to recover any sum of money collected under the authority of this
Act or to recover damages on account of any assessment or collection of money made under the said
authority;
Provided that the provisions of this Act have been, in effect, complied with.
(3) No distraint or sale under this Act shall be deemed unlawful, nor shall any person making the same be
deemed a trespasser, on account of any error, defect or want of form in the bill, notice, Schedule, form,
summons, notice of demand, warrant of distraint, inventory, or other proceeding relating thereto, if the
provisions of this Act, the rules and bye-laws have in substance and effect been complied with:
Provided that every person aggrieved by any irregularity may recover compensation for any special damage
sustained by him.
(4) Notwithstanding anything contained in sub-sections (1), (2) and (3), no suit shall be entertained by any
Court of law unless the assessee pays fifty percent of the tax levied and demanded.
Section 377 Injunctions not to be granted in respect of revisions or amendment of assessment books
Notwithstanding anything in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) or in any other law
for the time being in force, no court shall grant any interim or temporary injunction or make any interim
orders restraining any proceeding which is being or about to be taken under Rule 8 in Schedule II to this
Act, for the revision or amendment of the assessment books or restraining such revision or amendment
from taking effect. Police
Section 378 Duties of Police Officers
(1) It shall be the duty of every police officer
(a) to communicate without delay to the proper municipal officer any information which he receives of the
design to commit or of the commission of any offence under this Act or any rule, bye-law or regulation
made under it, and
(b) to assist the Chairperson, the Commissioner or any municipal officer or employee reasonably
demanding his aid for the lawful exercise of any power vesting in the Chairperson or the Commissioner or
in such municipal officer or employee under this Act, or any such rule, bye-law or regulation.
(2) Any police officer who omits or refuses to perform any duty imposed on him by this Act shall be
deemed to have committed an offence under the law governing the police force for the time being in force.
Section 379 Power of Police Officers to arrest persons
(1) If any police officer sees any person committing an offence against any of the provisions of this Act or
of any rule or bye- law made under it, he shall, if the name and address of such person are unknown to him,
and if the said person on demand declines to give his name and address, or gives a name and address which
such officer has reason to believe to be false, arrest such person.
(2) No person arrested under sub-section (1) shall be detained in custody
(a) after his true name and address are ascertained, or
(b) without the order of a magistrate for any longer time, not exceeding twenty-four hours from the hour of
arrest than is necessary for bringing him before a magistrate.
Section 380 Exercise of powers of Police Officer by Municipal Officers or Employees
The Government may empower any municipal officer or employee or any class of municipal officers or
employees to exercise the powers of police officer for the purposes of this Act and of the Andhra Pradesh
Towns Nuisances Act, 1889 (Act III of 1889).
Section 381 Application of term of `Public Servant' to Municipal Officers, Agents and sub-agents
Every municipal officer or employee, every contractor or agent for the collection of any municipal tax, fee
or other sum due to the council and every person employed by any such contractor or agent for the
collection of such tax, fee or sum shall be deemed to be a public servant within the meaning of Section 21
of the Indian Penal Code.
Section 382 Prohibition against obstruction of municipal authorities, employees and contractors
No person shall obstruct or molest the council, the Chairperson, any Member, the Commissioner or any
other municipal officer or employee or any person employed by the council or any person with whom a
contract has been entered into on behalf of the council, in the performance of their duty or of anything
which they are empowered or required to do by virtue or in consequence of this Act or of any bye-law, rule,
regulation or order made under it.
Section 383 Prohibition against removal of mark
No person shall remove any mark set up for the purpose of indicating any level or direction incidental to
the execution of any work authorised by this Act or by any bye-law, rule or order made under it.
Section 384 Prohibition against removal or obliteration of notice
No person shall, without authority in that behalf, remove, destroy, deface or otherwise obliterate, any notice
exhibited by, or under the orders of the council or the Commissioner or other officer authorised by him in
this behalf.
Section 385 Prohibition against unauthorised dealings with public place or materials
No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter
or make any encroachment from, in, or on, any land vested in the council, or river, estuary, canal,
backwater or water course, not being private property or in any way obstruct the same.
Section 386 Oath of allegiance to be taken by Chairperson or Members
(1) Every person who is elected to be a Chairperson or Member shall, before taking his seat, make at a
meeting of the council on oath or affirmation of his allegiance to the Constitution of India in the following
form, namely:- I, .................... having become a Chairperson/Member of the Municipal Council swear in
the name of God/solemnly affirm, that I will bear true faith and allegiance to the Constitution of India as by
law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge
the duty upon which I am about to enter".
(2) Any such Chairperson or Member who fails to make, within three months of the date on which his term
of office commences or at one of the first three meetings held after the said date, whichever is later, the
oath or affirmation laid down in sub-section (1), shall cease to hold his office and his seat shall be deemed
to have become vacant.
(3) No such Chairperson or Member shall take his seat at a meeting of the council or do any act as such
Member, unless he has made the oath or affirmation as laid down in this section.
(4) Where a person ceases to hold office under Sub-section (2) the Commissioner shall report the same to
the council at its next meeting and on application of such person made within thirty days of the date on
which he has ceased to be a member under that Sub- section the council may grant him further time which
shall not be less than three months for making the oath or affirmation and if he makes the oath or
affirmation within the time so granted, he shall, notwithstanding anything in the foregoing sub-sections,
continue to hold his office.
Section 387 Delegation of powers by the Government
(1) The Government may, by notification in the Andhra Pradesh Gazette, delegate to any person or
authority all or any of the powers vested in them by this Act except the power to make rules and may, in
like manner, withdraw any powers so delegated.
(2) The exercise of any powers delegated under Sub-section (1) shall be subject to such restrictions and
conditions as may be prescribed or as may be specified in the notification and also to control and revision
by the Government.
Section 387A Power to give directions
The Government may from time to time give such directions not inconsistent with the provisions of the Act
or the rules made thereunder to the municipalities as it may consider necessary for carrying out the
purposes of this Act.
Section 388 Adjudication of disputes between local authorities
(1) When a dispute exists between a council and one or more than one local authority in regard to any
matters arising under the provisions of this Act or any other enactment and the Government are of opinion
that the local authorities concerned are unable to settle it amicably among themselves, the Government may
take cognizance of the dispute; and
(a) decide it themselves, or
(b) refer it for inquiry and report to an arbitrator or a board of arbitrators.
(2) The report referred to in Clause (b) of sub-section (1) shall be submitted to the Government who shall
decide the dispute in such manner as they deem fit.
(3) Any decision given under Clause (a) of sub-section (1) or under sub-section (2), may at the instance,
whether before or after the commencement of this Act, of the local authorities concerned, be modified from
time to time by the Government in such manner as they deem fit, and any such decision with the
modifications, if any, made therein under this sub-section, may, at the instance of such local authorities be
cancelled at any time by the Government. Any such decision or any modification therein or cancellation
thereof, shall be binding on each of the local authorities concerned and shall not be liable to be questioned
in any court of law.
Section 389 Act to be read subject to Schedule IX in regard to first reconstitution of councils, etc.
In regard to the first constitution of a council for any local area under Section 3, or to the first reconstitution
in accordance with the provisions of this Act, of a council in existence at the commencement thereof, and
otherwise in first giving effect to the provisions of this Act, this Act shall be read subject to the rules in
Schedule IX.
Section 389A Notified Areas
(1)
(a) The Government may by notification in the Andhra Pradesh Gazette, declare any local area to be a
notified area, for the purpose of application of all or any of the provisions of this Act in the said notified
area.
(b) Where any local area is declared as a notified area, the Government may pass such orders as they may
deem fit, as to exclude the local area from the jurisdiction of the local authority concerned, as to the
disposal of any part of the property vested in such local authority and as to the discharge of the liabilities of
such local authority relating to the said property, or arising from such local area.
(2) The Government may, by notification in the Andhra Pradesh Gazette,
(a) apply or adopt to a notified area or any part thereof, any provision of this Act or of any rule or bye-law
made thereunder.
(b) impose in a notified area or any part thereof,
(i) any tax, which might be imposed by the council under the provisions of this Act if the notified area were
a municipality;
(ii) where it is a mining area, a tax on mineral rights, subject to any limitations which may be imposed by
Parliament by law relating to mineral development and the rules made thereunder, and subject to such rules
as may be prescribed in this behalf:
(c) appoint a committee for the purposes of-
(i) the assessment and recovery of any tax imposed under clause (b);
(ii) arranging the due expenditure of the proceeds of such taxes;
(iii) the preparation and maintenance of proper accounts; and
(iv) generally enforcing the provisions of this Act or any rule or bye-law applied or adopted under clause
(a);
(d) provided for
(i) the total number of members of the committee, which shall not be less than seven but not more than
fifteen, to be nominated by the Government of whom
(A) not less than two but not more than four shall be officials;
(B) not less than two but not more than four shall be persons representing the mining or industrial
managements within the notified area;
(C) not less than two but not more than four shall be persons representing the employees of such
managements; and
(D) not more than three shall be other persons residing within the notified area;
(ii) the persons who shall be the Chairperson and Vice-Chairperson of the committee, or the manner in
which they shall be chosen, from among the members of the committee;
(iii) the term of office of the members of the committee; and
(iv) the restrictions and conditions subject to which the committee may perform its functions.
(3) The proceeds of any tax imposed in a notified area under this section shall be expended in the same
manner in which the municipal fund might be expended under the provisions of this Act, if the notified area
were a municipality.
(4) For the purpose of any provisions of this Act, which may be applied or adopted to a notified area the
committee appointed for such area shall be deemed to be a council under this Act and the area shall be
deemed to be a municipality.
(5) The Government may, at any time, modify or cancel any notification issued under this section.
(6) Where by reason of the cancellation under sub-section (5) of any notification issued under this section,
any area ceases to be a notified area, the Government may pass such orders as they may deem fit, as to the
transfer of the assets of the committee of such area, as to the discharge of the liabilities, if any, of such
committee and as to the manner in which the expended funds shall be applied.
Section 389B Power to transfer functions of Municipalities to Andhra Pradesh Industrial
Infrastructure Corporation
Notwithstanding anything contained in this Act, or in any other law for the time being in force relating to
the Municipalities or the notified area Committees, the Government may, in consultation with any
Municipality or the notified area Committee, as the case may be, and also the Andhra Pradesh Industrial
Infrastructure Corporation, by notification in the Andhra Pradesh Gazette, and subject to such restrictions
and conditions including those relating to the remittance of such percentage of the property tax to a
Municipality or to a notified area Committee and to such control and revision as may be specified therein
direct that any power or function vested in the Municipality or the notified area Committee by or under this
Act shall be transferred to and exercised and performed by the Andhra Pradesh Industrial Infrastructure
Corporation.
Section 390 Amendment of Andhra Pradesh (Telangana Area) Mining Settlements Act, 1956
After Section 60 of the Andhra Pradesh (Telangana Area) Mining Settlements Act, 1956, (Act XLIV of
1956), the following section shall be inserted, namely:-
"60-A. extension of provisions of law relating to municipalities or of rules thereunder:-
(1) The Government may, at the request of the Board or otherwise by notification declare that any of the
provisions of the Andhra Pradesh Municipalities Act, 1965, or of any rule made thereunder including those
relating to taxation shall be extended to and be in force in the Mining Settlement or any specified area
therein.
(2) The provisions so notified shall be construed with such alterations not affecting the substance as may be
necessary or proper for the purpose of adapting them to the Mining Settlement or any special area therein.
(3) Without prejudice to the generality of the foregoing provision, all references to a council, or
Chairperson thereof shall be construed as references to Board, or Chairperson thereof, all references to any
officer or employee of a council as references to the corresponding officer or employee of Board and all
references to Municipal limit as references to the limits of the Mining Settlement or the specified area
therein, as the case may be."
Section 391 Repeal of Andhra Pradesh (Andhra Area) District Municipalities Act, 1920 and Andhra
Pradesh (Telangana Area) District Municipalities Act, 1956
(1) The Andhra Pradesh (Andhra Area) District Municipalities Act, 1920 (Act V of 1920) is hereby
repealed.
(2) On and from the commencement of this Act, except Chapter XIV, the other provisions of the Andhra
Pradesh (Telangana Area) District Municipalities Act 1956 (Act, XVIII of 1956) are hereby repealed.
(3) The provisions of the Government Buildings Act, 1899, (Central Act 4 of 1899) shall cease to apply to
buildings within the limits of municipalities constituted or deemed to be constituted under this Act.
(4) The provisions of Sections 89, 90 and 94 of the Andhra Pradesh (Andhra Area) Public Health Act, 1939
(III of 1939), shall cease to apply to municipalities.
SCHEDULE 1 Rules regarding Proceedings of the Council
SCHEDULE ISCHEDULE I
Rules regarding Proceedings of the Council
(Section 32)
Mode of transacting business
1. The council shall provide an office and shall meet therein for the transaction of business atleast once in
every month, upon such days and at such times as it may fix and also at other times as often as a meeting is
called by the Chairperson:
Provided that [no meeting except a meeting referred to in clause (a) of sub-section (1) of Section 20 and
sub-section (3) of Section 23 of the Act] shall be held on a public holiday.
Explanation:- For the purposes of these rules, the expression `public holiday' includes Sundays and any
other day declared by the Government, by notification in the Andhra Pradesh Gazette, to be a public
holiday.
(1) No meeting shall be held unless notice of the day and time when the meeting is to be held and of the
business to be transacted thereat has been given at least three clear days before the day of the meeting.
(2) In cases of urgency the Chairperson may convene a meeting on giving shorter notice than that specified
in sub-rule (1).
(3) The agenda for the meeting shall be prepared by the Commissioner in consultation with the
Chairperson. The Commissioner may include in the agenda any subject which in his opinion should be
considered by the council and shall include therein any subject specified by the Chairperson. On any
subject included in the agenda the Chairperson as well as the Commissioner shall have the right of
recording his views in a note and such note shall be circulated to the Members or placed before the council
before or at the time of the consideration of such subject by the council.
3. (1) The Chairperson shall, on the requisition in writing of not less than one-third of the Members then on
the council, convene a meeting of the council provided that the requisition specifies the day, other than a
public holiday, the time and the purpose for which the meeting is to be held. The requisition shall be
delivered at the municipal office during office hours to the Chairperson or Commissioner, Manager or any
other person who may then be in charge of the office, atleast ten clear days before the day of the meeting.
(2) Where the Chairperson fails within forty-eight hours from the delivery of such requisition to call a
meeting, on the day specified therein, or within three days from such day, the meeting may be called by the
Members who signed the requisition on giving the notice provided for in sub-rule (1) of Rule 2 to the other
Members.
4. All meetings of the council shall be open to the public:-
Provided that the presiding Member may, and at the request of the council shall, in any particular case, for
reasons to be recorded in minutes book kept under Rule 9, direct that the public generally, or any particular
person, shall withdraw.
5. All questions which may come before the council at any meeting shall be decided by a majority of the
Members present and voting at the meeting and, in every case of equality of votes, the presiding Member
shall have and exercise a second or casting vote.
6. No business shall be transacted at a meeting unless there be present atleast six Members and if the
number of Members then on the council exceeds sixteen, at least one third of that number.
7. If within half an hour after the time appointed for a meeting a quorum is not present, the meeting shall
stand adjourned, unless all the Members present agree to wait longer.
8. No resolution of the council shall be modified or cancelled within three months after the passing thereof
except at a meeting specially convened in that behalf and by a resolution of the council supported by not
less than one-half of the number of Members than on the council.
9. Minutes of the proceedings at each meeting of the council shall be drawn up and entered in a book to be
kept for that purpose; and shall be signed by the presiding member; and the said minutes shall, at all
reasonable times and without charge, be open at the municipal office to the inspection of any person who
pays any tax under this Act in the municipality.
10. Within three days of the date of the meeting, a copy of the minutes of the proceedings at such meeting
in English and in the main language of the district, shall be forwarded by the Commissioner, to the
Collector of the district and another copy to the Regional Director of Municipal Administration of the
region, in which the municipality is situated. An authenticated copy of the said minutes shall also be
affixed to the notice board of the municipal office and relevant extracts of the said minutes shall be sent to
the heads of departments of the Government and to the superintending officers appointed under sub-section
(1) of Section 63 for information and necessary action. The Chairperson shall immediately submit to the
Collector and to the Regional Director a copy of any minute of dissent that may be forwarded to him within
forty-eight hours of the meeting by any Member.
[When a Member gives a dissent note the Chairperson shall incorporate the same, in the Minutes Book. If
the Chairperson fails to record the dissent note given by any Member in the Minutes Book, the
Commissioner shall record the same and intimate the Member, who gave the dissent note].
11. The Commissioner shall have the custody of the proceedings and records of the council and may grant
copies of any such proceedings and records on payment of such fees as the council may, by general or
special order, determine. Copies shall be certified by the Commissioner as provided in Section 76 of the
Indian Evidence Act, 1872 (Central Act 1 of 1872) and copies so certified may be used to prove the records
of the council in the same manner as they may, under sub-section (5) of Section 78 of the said Act, be used
to prove the proceedings of that body.
12. The Chairperson elected by the council under Section 28 shall meet in the office provided by the
council under Rule 1.
13. The proceedings of every Chairperson elected by the council shall be recorded in writing and submitted
to the council.
SCHEDULE 2 Taxation and Finance Rules
SCHEDULE - IISCHEDULE II
Taxation and Finance Rules
PART I
Taxation Rules
(Section 130)
Definition of Tax
1. In these rules, 'tax' includes payment due by way of composition for a tax.
Provisions common to taxes in general
(1) The Commissioner shall prepare and keep assessment books in such form as may be prescribed
showing the persons and property liable to taxation under this Act.
(2) The assessment books and where detailed particulars relating to any assessment are kept in separate
records, the portion thereof containing such particulars shall be open, at all reasonable times and free of
charge, to inspection by any person who pays any tax to the municipality or his authorized agent and such
person or agent shall be entitled to take extracts free of charge from the said books and records.
(3) The account books of the municipality shall be open, free of charge, to inspection by any person who
pays any tax to the municipality or his authorised agent on a day or days in each month to be fixed by the
council.
3. The Commissioner shall, save as otherwise provided in this Act, determine the tax to which each
property or person is liable:
Provided that, in the case of taxes payable by the Commissioner, the original assessment shall be made by
the revenue divisional officer in whose jurisdiction the municipality is situated.
[x x x x]
5. (1) The Commissioner shall give to every person making payment of a tax a receipt therefor signed by
him or by some person authorised by him in behalf.
(2) Such receipt shall specify;
(a) the date of the issue thereof;
(b) the name of the person to whom it is issued;
(c) the category of tax in respect of which the payment has been made;
(d) the period for which payment has been made; and
(e) the amount paid.
Assessment of the Property Tax
6. The value of any land or building for purposes of the property tax shall be determined by the
Commissioner after giving an opportunity of making a representation to the owner of the land or building:
Provided that the value of any land or building the tax for which is payable by the Commissioner, shall be
determined by the Revenue Divisional Officer in whose jurisdiction the municipality is situated.
7. The Commissioner shall enter the capital value or the annual rental value, as the case may be, of all lands
and buildings determined by him and the tax payable thereon in assessment books to be kept for the
purpose at the municipal office. Such books shall record the following particulars, in so far as they can be
ascertained, with regard to each assessable item
(a) the name of the owner;
(b) the name of the occupier;
(c) the designation, if any, of the item;
(d) the name of the ward and street, if any, in which it is situated, and any survey or other number which it
bears;
(e) the capital or annual rental value; and
(f) the amount of the tax payable.
8. (1) The assessment books shall be completely revised by the Commissioner once in every five years and
also at any time between one complete revision and another, if the Government so direct:
Provided that the Government may, by notification in the Andhra Pradesh Gazette, in the case of any
specified municipality, advance or postpone the date from which or fix the intervals at which such
complete revision of assessment books shall be effected.
(2) The Commissioner may amend the assessment books at any time between one general revision and
another by inserting therein or removing therefrom any property or by altering the valuation of any
property or the amount of tax, or subject to any rules which the Government may make in this behalf, by
substituting therein for the name of the owner of any property the name of any other person who has
succeeded by transfer or otherwise to the ownership of the property. Such amendment shall be deemed to
have taken effect on the first day of the half-year in which it is made:
Provided that when, the amendment is made in any half-year after the demand notice for that half-year has
been issued, it shall have effect only from the succeeding half-year;
Provided further that the decision of the Commissioner in any disputed case of transfer of ownership of a
property shall not give the transferee a legal title to the property.
9. (1) Notwithstanding anything in Rule 8, valuation officers shall be appointed by the Government in the
case of any Municipality notified by the Government. The valuation officers shall exercise the powers,
discharge the duties and perform the functions, of the Commissioner under these rules in so far as they
relate to the complete revision of the assessment books under Rule 8. On the issue of such a notification,
for the term "Commissioner", wherever it occurs in these rules in so far as they relate to such complete
revision and the hearing of revision petitions filed in connection therewith, the term "Valuation Officer"
shall be deemed to have been substituted.
(2) (a) The Government shall appoint the valuation officers and sanction to them such establishment as the
Government may deem necessary, for the purpose of enabling the said officers to carry out their duties.
(b) The Government shall pay out the Consolidated Fund of the State, the salaries, allowances, leave
allowances, cost of training, pension and contributions, if any, towards the provident or provident-cum-
pension fund of the valuation officers and their establishment.
(c) The Government shall recover from the council concerned the whole or such proportion of
(i) the salary and allowances paid to the valuation officers and to their establishment and such contribution
towards the leave salary and allowances, pensions or provident or provident-cum-pension fund of the
valuation officers and of their establishment; and
(ii) the cost of training the valuation officers and their establishment as the Government may, by general or
special orders, determine.
(3) The Commissioner shall, subject to the provisions of Rule 26, maintain the assessment books relating to
the property tax in accordance with the valuation fixed by the valuation officer.
(4) The Commissioner shall, when so requested by the valuation officers, make available to the valuation
officers such staff as may be necessary for the exercise of the powers, discharge of the duties and
performance of the functions of the valuation officers.
(5) The classification, methods of recruitment, conditions of service, pay and allowances and discipline and
conduct of the valuation officers and the members of their establishment, shall be regulated under Article
309 of the Constitution.
10. (1) When assessment books have been prepared for the first time and whenever a general revision of
such books has been completed, the Commissioner shall give public notice stating that revision petitions
will be considered, if they reach the municipal office within a period of sixty days from the date of such
notice in the case of Government or a railway administration or a company and of thirty days from the said
date in other cases. The notice shall be affixed to the notice board of the municipal office and on the same
day be published in the municipality by beat of drum:
Provided that in every case where there is an enhancement in the assessment, the Commissioner shall also
cause intimation there of to be given by a special notice to be served on the owner or occupier of the
property concerned:
Provided further that, in every case where a special notice is required to be served on the owner or occupier
under the first proviso, the period of sixty days and thirty days referred to in this rule shall be calculated
from the date of service of such special notice.
(2) Before the public notice under sub-rule (1) is given, it shall be open to the Director, the Deputy Director
or the Regional Director, of Municipal Administration to make a test check of the assessments made by the
Commissioner. On the completion of the test check, such officer may give to the Commissioner such
directions, as he deems fit, in regard to the correction of assessments and the Commissioner shall carry out
the directions before the public notice is given.
11. In every case which between one general revision and another, the Commissioner assesses any property
for the first time or increases the assessment on any property otherwise than in consequence of a general
enhancement of the rate at which the property tax is leviable, the Commissioner shall intimate by a special
notice to the owner or occupier of such property that a petition for revising the assessment will be
considered if it reaches the municipal office within sixty days from the date of service of such notice in the
case of the Government or a railway administration or a company, and within thirty days from the said date
in other cases.
12. Any person may, at any time, not being less than thirty days before the end of a half-year move the
Commissioner by revision petition to reduce the tax to which he is liable for the forthcoming half-year on
the ground that the capital value or the annual rental value of the property in respect of which the tax is
imposed has decreased, since the assessment of the property was last made or revised.
13. No petition under Rule 10 Rule 11 or 12 shall be disposed of unless the petitioner has been given an
opportunity to appear either in person or by authorised agent and to represent his case.
14. Immediately after the disposal of a revision petition, the Commissioner shall inform the petitioner or his
authorised agent, in writing, of the orders passed, thereon, shall direct him to pay the amount fixed on
revision within fifteen days after the date of receipt of such intimation,or if the amount is not yet due,
within fifteen days from the date on which it becomes due, and shall, if necessary, cause the assessment
book to be corrected.
15. (1) On the constitution of a new municipality, assessment shall have effect from the date specified in
the notification under Section 83.
(2) A general revision shall be deemed to have taken effect on the first day of the half-year following that
in which the notice under Rule 10 is published, or, in a case where a special notice is required to be served
on the owner or occupier of the property under the first proviso in that rule, on the first day of the half-year
following that in which such special notice is served on the owner or occupier of the property.
(3) Any corrections in the assessment books made by the Commissioner under Rule 14 or Rule 26 shall be
deemed to have effect on the first day of the half-year to which the assessment which was sought to be
revised or which was appealed against, relates.
Explanation:- The levy of a new class of property tax or an enhancement in the rate at which any class of
property tax is leviable is no amendment or revision within the meaning of this rule and shall have effect
from the date fixed for the levy or enhancement.
16. The first payment of tax shall, save as provided in Rule 14, be made within thirty days of the date or
day specified in Rule 15.
[Rules 17 to 20. omitted by Schedule-II of A.P.Act 22 of 1987]
Maximum rates of tax on carriage and carts and of tax on animals
(Sections 103 and 113)
21. (1) The tax on carriages and carts and the tax on animals shall be levied at rates not exceeding the
following: -
--------------------------------------------------------------------------------
Sl.No.
Tax on carriages and carts
Max. yearly Tax
--------------------------------------------------------------------------------
Rs. Ps.
(1)
For every four-wheeled vehicle with springs or other appliances acting as springs constructed to be drawn
by one or more animals.
30-00
(2)
For every two-wheeled vehicle with springs or other appliances acting as springs constructed to be drawn
by one or more animals
10-00
(3)
For every cycle-rickshaw
20-00
(4)
For every bicycle or tricycle
4-00
(5)
For every other vehicle with springs or other appliances acting as springs not being a child's perambulator
or go-cart
6-00
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Tax on Animals
(1)
For every elephant
24.00
(2)
For every camel
12.00
(3)
For every ass
1.00
(4)
For every pig
1.00
(5)
For every goat
1.00
(6)
For every dog
1.00
--------------------------------------------------------------------------------
(2) If within the year, a person replaces any carriage or animal by another carriage or animal falling under
the same class in the table given in sub-rule (1), the said person, in case the replacement was due to the
destruction of the carriage or the death of the animal and if he had possession, custody or control of the
carriage or animal so replaced at the time of its destruction or death, shall not be liable to more than one
payment of tax and the amount of such payment shall be regulated by the aggregate number of days for
which the carriage which has been destroyed or the animal which has died and the carriage or animal
replacing such carriage or animal have been kept during the year.
Appeals
22. (1) An appeal shall lie to an Appellate Commissioner, appointed by the Government for the purpose
(hereafter in these rules referred to as the Appellate Commissioner), in respect of the assessments and
imposition of the following taxes and no others: -
(a) assessments made by the Revenue Divisional Officer under Rule 3;
(b) the order of the Commissioner or the valuation officer under Rule 14 upon a revision petition; and
(c) *[x x x x]
(d) the imposition by the Commissioner of any tax on any carriage or cart or animal.
(2) The Appellate Commissioner shall dispose of the appeals in consultation with the Chairperson of the
municipality concerned.
23. The council may, of its own motion or otherwise, cancel or modify any order passed by Commissioner
reducing or remitting a tax, after giving an opportunity of making a representation to the person effected.
24. An appeal shall be made in writing and shall setforth concisely and under distinct heads the grounds of
objection to the decision or other proceedings appealed against.
25. No appeal to the Appellate Commissioner shall be heard
(a) unless it reaches the municipal office
(i) within fifteen days from the service of the notice referred to *[in Section 109], or
(ii) within fifteen days from the date on which the tax becomes payable under Section 91 or 103 or 113 or
under Rule 14 or Rule 16:
Provided that the Appellate Commissioner may admit an appeal within fifteen days after the time
prescribed in this rule, if cause be shown to his satisfaction for not preferring it within the prescribed time;
and
(b) unless, except when the Commissioner otherwise directs on the ground of poverty, the tax in respect of
which the appeal is presented has been deposited at the municipal office within the period specified in sub-
clause (i) or sub-clause (ii) of clause (a) or where an appeal is presented for admission under the proviso to
the said clause, on or before the day upon which the appeal is presented.
26. The assessment books maintained under sub-rule (1) of Rule 2 shall be corrected in accordance with
any order passed by the council under Rule 23 or by the Appellate Commissioner under Rule 22 on appeal;
in the event of the amount of any tax being reduced or remitted by the council or the Appellate
Commissioner, as the case may be, the Commissioner shall grant a refund accordingly.
27. The assessment or demand of any tax when no appeal is made, as herein before provided, and when
such an appeal is made, the adjudication of the Appellate Commissioner thereon, shall be final;
Provided that where any assessment or demand is not in accordance with the assessment books, nothing in
this rule shall be deemed to prohibit a fresh assessment or demand of the tax being made in accordance
therewith.
28. (1) The powers of the council under *[Section 91-A and Rule 23] shall, during any period in respect of
which the Government may, by notification in the Andhra Pradesh Gazette, so direct, be exercised by a
special officer appointed by them. And thereupon the council shall cease to exercise the said powers during
the said period and *[Section 91-A and Rules 23 and 27] shall have effect as if for the word `Coucil'
wherever it occurs in these rules, the words `special officer as appointed by the Government in this behalf'
were substituted.
(2) A special officer appointed under sub-rule (1) shall have all such powers of the council as are necessary
for the purpose of exercising his powers under the said sub-rule and he shall be entitled to the same
protection as the council is entitled.
(3) The special officer shall be paid out of the municipal fund such salary and allowances as the
Government may, in consultation with the council, fix. If a Government employee is appointed as special
officer, the council shall also make such contribution towards the pension and leave allowances of that
employee as may be required, by the conditions of his service under the Government, to be made by him or
on his behalf.
Collection of Taxes
[Section 130]
29. (1) Where any tax not being a tax, in respect of which a notice has to be served under *[x x x] Section
109 or in respect of which a direction has to be given under Rule 14, is due from any person, the
Commissioner shall serve upon such person a bill for the sum due before he proceeds to enforce the
provisions of Rule 30.
*[Provided that all notices, bills or directions referred to in sub-rule (1) shall be served on all the tax payers
by the end of May for the first half-year and by the end of November, for the second half-year.]
(2) A notice under *[x x x] Section 109 and a bill under sub-rule (1) shall be signed by the Commissioner
and shall contain
(a) a statement of the period and a description of the occupation, property or thing for which the tax is
charged; and
(b) an intention of the liability to be incurred in default of payment.
*[(c) an intimation about charging a simple interest at the rate of 2% per mensum in case of failure to pay
property tax within fifteen (15) days from the date of service of the Bill.]
(3) Where a notice,bill or direction referred to in sub-rule (1) has not been served or given either in the year
or half-year in which the tax became due or in the succeeding year or half-year, the tax for the year or half-
year first mentioned in this sub-rule shall not be recovered in the manner laid down in Rule 30:
Provided that where the assessment books have been amended under Rule 4, the notice, bill or direction, as
the case may be, may be given either in the half-year in which the amendment was made or in the
succeeding half-year.
(4) Nothing in this rule or in Rule 30 shall preclude the council from suing in a Civil Court for any tax due
to it under this Act.
30. (1) If the amount due on account of any tax is not paid within fifteen days from the service of the notice
or bill or the giving of the direction referred to in *[x x x] Section 109 and Rules 14 and 29 and if the
person from whom the tax is due has not shown cause to the satisfaction of the Commissioner why it
should not be paid, the Commissioner may recover by distraint under his warrant and sale of the movable
property of the defaulter, the amount due on account of the tax together with the warrant fee and the
distraint fee, and with such further sum as will satisfy the probable charges that will be incurred in
connection with the detention and sale of the property so distrained *[and interest due on account of delay
in payment of property tax shall also be recovered in the manner provided in this Rule.]
Provided that movable property described in the proviso to Section 60 of the Code of Civil Procedure,
1908, Central Act V of 1908, shall not be liable to distraint.
(2) If, for any reason the distraint, or a sufficient distraint of the defaulter's property is impracticable, the
Commissioner may prosecute the defaulter before a magistrate.
(3) The warrant under sub-rule (1) shall be in the form contained in Appendix-A to these rules or in some
similar form and for each such warrant, a fee of twelve paise shall be levied.
(4) Under a special order in writing of the Commissioner, any officer charged with execution of a warrant
of distress may, between sunrise and sunset, break open any outer or inner door or window of a building in
order to make the distress, if he has reasonable ground for believing that such building contains property
which is liable to seizure, and if, after notifying his authority and purpose and duly demanding admittance,
he cannot otherwise obtain admittance:
Provided that such officer shall not enter or break open the door of any apartment appropriated to women,
until he has given three hours' notice of his intention and has given such women an opportunity to
withdraw.
31. (1) The Officer charged with the execution of a warrant, shall, before making the distraint, demand
payment of the tax due and the warrant fee. If the tax and fee are paid, no distraint shall be made but if the
tax or fee is not paid, the officer shall--
(a) seize such movable property of the defaulter as he may think necessary;
(b) make an inventory of the property seized; and
(c) give to the person in possession of the property seized at the time of seizure a copy of the inventory and
the notice of sale in the form in Appendix-B to these rules or in some similar form:
Provided that period of seven days shall be allowed for paying the amounts due and redeeming the property
seized.
(2) The distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible
equal in value to the tax due by the defaulter together with all expenses incidental to the warrant, distraint,
detention and sale.
32. (1) While the amount due by the defaulter on account of the tax, *[including simple interest if any] the
warrant fee and distraint fee and the expenses incidental to the detention of the property are not paid within
the period of seven days mentioned in the notice given under Rule 31, and if the distraint warrant is not
suspended by the Commissioner, the property seized or a sufficient portion thereof, shall be sold by public
auction under the orders of the Commissioner who shall apply the proceeds of the sale to the payment of
the amount due on account of the tax, the warrant fee and the distraint fee and the expenses incidental to
the detention and sale of the property, and shall return to the person in whose possession the property was
at the time of seizure, any property or sum which may remain after the sale and the application of the
proceeds thereof as aforesaid. If the proceeds of the sale are insufficient for the payment of the amount due
on account of the tax, the warrant fee and distraint fee and the expenses incidental to the detention and sale
of the property, the Commissioner may again proceed under Rule 30 in respect of the sum remaining
unpaid.
(2) Where the property seized is subject to speedy and natural decay, the Commissioner may sell it any
time before the expiry of the said period of seven days unless the amount due is sooner paid.
(3) The Commissioner shall consider any objections to the distraint of any property which are made within
the said period of seven days and may postpone the sale pending investigation thereof. If the Commissioner
decides that the property attached was not liabel to distraint, he shall return it, or, if it has already been sold,
the proceeds of the sale to the person appearing to be entitled thereto and may again proceed under Rule
30; and all fees and expenses connected with first distraint and sale shall be recoverable from the defaulter,
if it shall appear to the Commissioner that he wilfully permitted the distraint of the property when to his
knowledge it was not liable to distriant.
33. (1) Distraint fees shall be payable at such rates not exceeding those mentioned in Appendix-C to these
rules as may be, from time to time, determined by the council.
(2) Such fees shall not be held to include the expenses incidental to the detention of any property distrained
under this Act.
34. The property of a person in default under sub-rule (1) of Rule 30 may be distrained wherever it may be
found within the municipality.
35. Where the tax due on account of any building or land *[including simple interest if any] remains unpaid
in whole or in part at the end of the period specified in sub-rule (1) of Rule 30, the Commissioner may, if
the said tax has not remained unpaid for more than twelve months, require the occupier for the time being
of such building or land to pay the amount within a specified period not being less than fifteen days and if
the occupier fails to comply with such requisition, the Commissioner may distrain and sell any movable
property found on the building or land and the provisions of the foregoing rules shall, with the necessary
modifications apply to all distraints and sales effected under this rule provided no occupier shall be liable to
prosecution or to a civil suit in respect of any sum recoverable from him under this rule unless he has
wilfully prevented distraint.
* [Explanation:- For the purpose of this rule, rule 36 and rule 37, the word 'tax' includes 'the simple interest,
if any'.]
36. If any *[including simple interest if any] tax due from any person remains unpaid in whole or in part at
the end of the period specified in sub-rule (1) of Rule 30 and if such person has left India or cannot be
found, the said tax or such part thereof as remains unpaid, together with all sums payable in connection
therewith, shall be recoverable as if it were an arrear of land revenue.
37. (1) Every person who is prosecuted under sub-rule (2) of Rule 30 shall be liable on proof to the
satisfaction of the magistrate that he wilfully omitted to pay the amount due by him or that he wilfully
prevented distraint, to pay a fine not exceeding twice the amount which may be due by him on account of--
(a) the tax *[including simple interest if any] and the warrant fee, if any, and
(b) if distraint has taken place, the distraint fee and the expenses incidental to the detention and sale, if any,
of the property distrained.
(2) Whenever any person is convicted of an offence under sub-rule (1), the magistrate shall, in addition to
any fine which may be imposed, recover summarily and pay over to the council the amounts, if any, due
under the heads specified in clauses (a) and (b) of sub-rule (1); and may, in his discretion, also recover
summarily and pay to the council such amount, if any, as he may fix as the costs of the prosecution.
38. Neither the Commissioner nor any municipal officer or employee shall directly or indirectly purchase
any property at any sale of distrained property held under the foregoing rules.
PART - II
Finance Rules
(Section 130)
Authorised objects of expenditure
39. The purposes to which the municipal fund may be applied include all objects expressly declared
obligatory or discretionary by law or rules, and in general everything necessary for or conducive to the
safety, health, convenience or education of the inhabitants or to the amenities of the municipality and every
thing incidental to the administration; and the fund shall be applicable there to within the municipality,
subject to these rules and such further rules or special orders as the Government may prescribe or issue; and
shall be applicable thereto outside the municipality if the expenditure is authorised by this Act, or specially
sanctioned by the Government.
40. The objects of expenditure connected with the public safety include the following:-
(a) the lighting of public streets and the provisions, purchase, exploitation and maintenance of electric, gas
or other undertakings for lighting public and private streets, places and buildings;
(b) extinction of fires;
(c) control, supervision or removal of dangerous places, buildings, trades and practices;
(d) regulation of traffic;
(e) prevention and removal of obstructions in public streets or places;
(f) the giving of relief and the establishment and maintenance of relief works in time of famine or scarcity;
(g) measures to protect the municipality or any portion thereof from the flood or from soil erosion.
41. The objects of expenditure connected with the public health include the following:-
(a) the construction and maintenance of hospitals and dispensaries and temporary places of reception within
the municipality or outside the municipality for treatment of infectious diseases occuring in the
municipality building hospitals and dispensaries and places of reception for the sick in general, contributing
towards hospitals, dispensaries or places of reception provided by the Government ; contracting for the use
of a hospital or part of a hospital, dispensary or place of reception; combining with any other local
authority or with the Government to provide a common hospital, dispensary or place of reception; sending
indigent inhabitants of the municipality to institutions outside the municipality for treatment; the training of
medical practitioners, medical subordinates, midwives, nurses, health officers, sanitary inspectors and
analysts; the provisions of nurses for attendance on patients suffering from infectious diseases at the house
of such persons; vaccination and the training and supervision of vaccinators and the provision of lymph; the
registration of births, deaths and marriages; the enumeration of the inhabitants of the municipality and other
measures of a like nature;
(b) the construction and maintenance of lunatic asylums;
(c) the construction, establishment and maintenance, supervision and control of public markets and
slaughter-houses, of shops, stalls and plinths of latrines; of sewage farms and all works for the removal or
disposal of sewage; of water-works, drinking fountains, tanks and wells; of wash houses and dhobi-khanas
and of parks, squares and gardens; the reclamation of unhealthy localities and other sanitary measures of a
like nature;
(d) the cleaning and watering of streets and drains; scavenging; the removal of excessive or noxious
vegetation; the abatement of all nuisances;
(e) the regulation and control of offensive or dangerous trades, of unhealthy buildings or localities, and of
burial and burning grounds and crematoria; the provision of sites for and the closing of burial and burning
grounds; the provision of new sites for offensive and dangerous trades and of special locations for factories;
the acquisition of congested areas and the provision of new sites, whether within or outside municipal
limits, to relieve congestion or to provide for the growth of population; improvement and reclamation of
land, planning, surveying and control of town extensions whether within or outside municipal limits,
redistribution of sites in such extensions and all measures of a like nature; and the acquisition of land for
any of the aforesaid purposes.
42. The objects of expenditure connected with the public convenience, education and amenities include
(a) the construction, maintenance, diversion and improvement of streets, bridges, causeways, culverts and
the like and the acquisition of the land necessary for the building to form or improve streets; the regulation
of building; the construction of model dwellings and the encouragement of co-operative building societies
by loans, grants of land or prizes; the removal of projections and encroachments; the naming of streets, the
numbering of houses; the planting and preservation of trees in public streets and places; the maintenance of
public monuments;
(b) subject to Rules 49 to 54, the establishment and maintenance of schools, the construction and
maintenance of school-houses, public libraries and reading rooms, museums, art galleries, gymnasia or any
other institutions connected with the diffusion of mental or physical culture or technical instruction or the
training of teachers;
(c) the holding of industrial exhibitions or fairs;
(d) the construction, maintenance and adornment of public halls and theatres, the acquisition and
maintenance of recreation grounds, playing fields and promenades;
(e) subject to all provisions of law, the constructions, maintenance and purchase or exploitation of
tramways and other transport services (railways not included), of telephone systems, grass farms, dairies,
public bakeries and other agricultural, industrial or trading concerns of public utility either within or
outside the municipal limits and whether or not in combination with other authorities or persons and
subscription to debenture loans of any such concerns;
(f) the employment of veterinary officers, the prevention of disesases of animals, the provision of places for
the treatment of sick animals and the prevention of cruelty to animals;
(g) the construction and maintenance of rest houses, choultries, poor houses, pounds and other works of
public utility;
(h) the provision and maintenance or holding of zoological and horticultural gardens and exhibitions;
(i) the provision of standard weights, scales and measures and public weighing places;
(j) the provision and maintenance of public baths and bathing places;
(k) the provision of music for the people;
(l) the provision and maintenance of public clocks and clock towers or a time gun;
(m) the organisation and maintenance of health associations;
(n) the organisation and maintenance of association for the prevention of juvenile smoking and cruelty to
children.
43. The objects of expenditure incidental to the administration include
(a) the provision and maintenance of a principal municipal office and record-room and of other offices with
the cost of appurtenances and fittings and insurance;
(b) honorarium to Chairperson and conveyance allowance to the Members;
(c) salaries, allowances, liveries, pensionary or provident fund or provident-cum-pension fund contributions
and gratuities and the cost of hire of vehicles for the municipal officers and employees; study leave
allowances or professional officers and subordinates;
(d) stationery, printing and all office and advertising expenses;
(e) legal expenses;
(f) election expenses;
(g) the provision and maintenance of municipal work-shops;
(h) municipal surveys, the preparation of maps of the municipality and the preparation and maintenance of
a record of rights in immovable property.
Obligatory expenditure
44. The council -
(1) shall make provision for the construction, maintenance, diversion and improvement of streets, bridges,
causeways, culverts and the like to such extent as the Government consider necessary and practicable; and
(2) shall not divert such provision to other purposes without the express sanction of the Government.
45. (1) Expenditure on the following objects is obligatory subject to special directions that the Government
may issue in respect of any municipality by notification
(a) the principal municipal office and record-room;
(b) maintenance of public property and monuments vested in the municipality;
(c) maintenance of property owned by the municipality;
(d) salaries and pensionary or provident fund or provident-cum-pension fund contributions and gratuities of
the municipal officers and employees according to the conditions on which such persons entered the
municipal service;
(e) scavenging;
(f) lighting the public streets;
(g) burial and burning grounds where no sufficient number is provided by other agency;
(h) medical relief to the extent laid down in Rules 46,47 and 48;
(i) diffusion of education to the extent laid down in Rules 49 to 53;
(j) registration of births and deaths;
(k) vaccination;
(l) provision of slaughter-houses;
(m) payment of interest on and amortisation of debt, if any;
(n) payment of the election expenses including the cost of the preparation and revision of the electoral roll,
the conduct of elections to the council, and the maintenance of the election establishment;
Explanation :- The cost of maintenance of the election establishment shall include pay, pension and leave
allowances, if any, of the officers and employees of the Government or of any other authority, employed in
the preparation and revision of the electoral roll and in the conduct of the elections;
(o) payment of such contribution towards the cost of training the secretaries of municipalities as may be
fixed by the Government;
Explanation :- The cost of training the secretaries may include the whole or such part as the Government
deem equitable, of the pay, pensionary or provident fund or provident-cum-pension fund contribution and
leave and other allowances, if any, of the officers and employees of the Government or or any other
authority employed and other incidental expenses incurred in connection with such training;
(p) payment of travelling allowance of person appointed as Secretary in respect of his Journey to join the
appointment;
(q) payment of such contribution as may be fixed by the Government towards salary, allowances, leave
allowances, cost of training, pension or contribution if any, towards the provident fund or provident-cum-
pension fund of the valuation officer and of their establishments;
(r) all other objects declared obligatory by law or rule.
(4) The Government shall determine every year the amount of the election expenses referred to in clause
(n) of sub-rule (1), and the determination shall be final and binding on the council. Such amount shall have
priority over all other charges except charges for the service of authorized loans including the loans and
advances specified in Section 131, and the expenses specified in sub-sections (2) and (3) of Section 144.
Obligatory medical expenditure
46. (1) The council shall provide and maintain either from endowments or from the municipal fund or by
grants-in-aid therefrom in accordance with such rules as may, from time to time, be prescribed by the
Government--
(a) a hospital or dispensary where the sick, poor of the municipality shall be entitled to receive medical and
surgical advice and treatment free of charge; and
(b) a hospital for the treatment of patients suffering from infectious diseases in the municipality.
The council shall provide and maintain more than one such hospital or dispensary if the Government so
directs:
Provided that the Government shall not so direct until the council shall have had an opportunity of
submitting its views on the subject to the Government;
Provided further that the council shall not be bound to provide or maintain such hospitals or dispensaries,
when in the opinion of the Government sufficient provision has otherwise been made for the treatment free
of charge of the sick, poor and the treatment of patients suffering from infectious diseases in the
municipality.
(2) Any inhabitant of the municipality, who is not a fit object to public charity, may, subject to such
regulations as the council, with the approval of the Government, may, from time to time, frame, obtain
medical or surgical advice and treatment from any hospital or dispensary maintained by the council from
endowment or from the municipal fund:
Provided that any charges incurred by the council in medical or surgical relief of persons other than the
sick, poor of the municipality or those unable to pay a medical attendant shall be reimbursed by such
persons.
(3) The council may also permit the treatment in the hospitals or dispensaries maintained by it from
endowments or from the municipal fund of any person not resident in the municipality.
47. The council shall provide every hospital or dispensary provided or maintain by it with all necessary
drugs, instruments, apparatus, furniture and appliances on a scale approved by the Government, and when,
in the opinion of the council, provision for in-patients may be necessary, it shall also provide as sufficient
number of cots, bedding, clothing, furniture and diet for such inpatients.
48. The council shall employ a medical officer for any hospital or dispensary maintained by it from
endowments or from the municipal fund.
Obligatory educational expenditure
49. The council shall, so far as the funds at its disposal may permit, make provision for the instruction in
schools of all children of school-going age, resident within the limits of the municipality, for whose
instruction provision shall not otherwise have been made.
50. The council may provide instruction--
(i) either by schools maintained wholly from the municipal fund; or
(ii) by means of grants-in-aid to private schools from the said fund in accordance with such rules as may,
from time to time, be made by the Government; or
(iii) by contributing towards the cost of Government schools; or
(iv) by more than one of such means.
51. The council may, with the previous sanction of the Government, maintain either wholly from the
municipal fund or by grants-in-aid therefrom, elementary schools to which admission may be wholly or
partly free for any class of the inhabitants which in the opinion of the council, is, by reason of poverty,
unable to pay the fees leviable in schools maintained by the council, whether wholly from the municipal
fund or by grants-in-aid therefrom.
52. (1) If at any time it seems advisable to the Government that a grant-in-aid should be made to any
school, maintained solely for the instruction of the children of any particular class of the inhabitants of any
municipality, they may direct the council to make such grant to such school; and the council shall make it
accordingly; provided that the Government shall not so direct until the council shall have had an
opportunity of submitting its views on the subject to the Government.
(2) The instruction to be provided by the council shall be of such standards as may, from time to time, be
determined by the Government.
53. (1) The council shall, unless otherwise provided by any law for the time being in force, or in the case of
elementary schools exempted by the Government on such conditions as it may prescribe from time to time,
levy in every school maintained by it, fees as may, from time to time, be determined by the Government.
Provided that if the council is satisfied that the parent or guardian of any child, resident in the municipality,
is by reason of poverty unable to pay for the elementary education of such child, it may remit the whole or
part of the fees but it shall not compel the parent or guardian of such child in consideration to the said relief
to send such child to any particular municipal school;
Provided further that the council may, in any secondary school, in accordance with a scheme framed by it
and approved by the Director of Public Instruction, remit the whole or part of the fees of poor pupils,
subject to the condition that the fees income thus foregone shall not exceed ten per cent of the total fees
realizable for all pupils of the school at the rates determined by the Government.
(2) The proceeds of all fees levied by the council as aforesaid shall be expended by the council for the
provision of instruction by means of schools.
Discretionary educational expenditure
54. The council may also provide wholly from the municipal fund, or by means of grants-in-aid therefrom--
(i) for the inspection of schools maintained by it whether wholly from the municipal fund or by grants-in-
aid therefrom;
(ii) for the training of teachers for schools aided or maintained from the municipal fund;
(iii) for the instruction and training of persons for the practice of medicine, or of vaccination, or of any
technical or industrial calling; and
(iv) for the maintenance of public libraries, reading-rooms, gymnasia or any other institutions connected
with the diffusion of education, which may be approved by the Government.
Extraordinary expenditure
55. A council may, with the prior sanction of the Government,--
(i) contribute towards the expenses of any public exhibition, ceremony or entertainment in the
municipality;
(ii) defray the cost of the preparation and presentation of addresses to persons of distinction visiting the
municipality;
(iii) contribute to any charitable fund or to a fund for the defence of the municipality or India or to the
funds of any institution for the relief of the poor or the treatment of disease or infirmity or the reception of
diseased or infirm persons or the investigation of the causes of disease;
(iv) pay the expenses of the Chairperson, members of the council and municipal officers and the
employees, travelling on municipal business; and
(v) defray any other extraordinary charges.
Receipts and payments
56. All moneys received by the council shall be lodged in the nearest Government treasury or, with the
sanction of the Government, in a Bank:
Provided that the council may, with the sanction of the Government, invest any sums not required for
immediate use either in the Government Savings Bank or in Government Securities, or in any other
security which may be approved by the Government.
57. (1) All orders or cheques against the municipal fund shall be signed by the Secretary or by some person
duly authorized in this behalf by him. The treasury or bank in which the fund is lodged shall so far as the
funds to the credit of the council permit, pay all orders or cheques against the fund which are so signed.
(2) If the council shall have given previous authority in writing, such treasury or bank may at once pay out
of the municipal fund without such order or cheques any expense which the Government have incurred on
behalf of the council.
Audit surcharge and disallowance
58. The Commissioner shall submit all accounts to the auditors as required by them.
59. The auditors may—
(a) by summons in writing, require the production of any book, deed, contract, account, voucher, receipt or
other document the perusal or examination of which they consider necessary;
(b) by summons in writing require any person having the custody or control of any such document or
accountable for it to appear in person before them;
(c) require any person so appearing to make and sign a declaration with respect to such document or to
answer any question or to prepare and furnish any statement relating thereto.
60. The auditors shall--
(a) report to the council any material impropriety or irregularity which they may observe in the
expenditure, or in the recovery of moneys due to the council or in the municipal accounts;
(b) furnish to the council such information as it may require concerning the progress of their audit;
(c) report to the council any loss or waste of money or other property owned by or vested in the council
caused by neglect or misconduct, with the names of persons, directly or indirectly responsible for such loss
or waste; and
(d) submit to the council a final statement of the audit and a duplicate copy thereof to the Government
within a period of three months from the end of the financial year, or within such other period as the
Government may notify.
61. The Secretary shall forthwith remedy any defects or irregularities that may be pointed out by the
auditors and report the same to the council.
62 to 65. [Omitted by A.P. Act 3 of 1978]
APPENDIX 1 Distraint Warrant
APPENDIX -
APPENDIX - A
Distraint Warrant
Rule 30(3)]
Warrant No.
To
(Name of officer charged with execution of warrant)
(State tax or taxes due and premises, if any, in respect of which the tax or taxes are due).
Where ......................... of ...................... has not paid or shown sufficient cause for the non-payment of the
sum of Rs. .............. p. ............ due to the tax or taxes noted above for the ............................ ending ............
19: although the said sum has been duly demanded from the said ....................... and fifteen days have
elapsed since such demand was made. This is to command you to demand the said sum of Rs. ......... p.
............. together with twelve paise for warrant fee, failing payment of which you are to distrain the goods
and chattels of the said ................. (or as the case may be, and goods and chattels of the said ...................
(or as the case may be, any goods and chattels found on the premises referred to) to the amount of the said
sum of Rs. ..... p ................. together with Rs............ p.......... for warrant fee and distraint fee making
together a sum of Rs....... p........... and such further sum as may be sufficient to defray the charges of
keeping and selling such distraint; and if within seven days next after such distraint, the amount due on
account of the said tax or taxes and fee shall not be paid together with such further sum as may be
sufficient to defray the charges of keeping such distraint, to sell the said goods and chattels under orders to
be hereafter issued by me, and to remit to the municipal office the sale proceeds of the distrained property,
out of which the amount due on account of the said taxes and fees, namely Rs. ............ p .......... and the
charges on keeping and selling such distraint will be deducted and credited to the municipal fund, and the
surplus, if any, returned to the owners of the goods and chattels distrained. If distraint or sufficient distraint
cannot be found to the goods and chattels of the said ........................ you are to certify the same to me
together with this warrant.
Station : (Signature of the Secretary)
Date : 19
APPENDIX 2 Form of Inventory and notice
APPENDIX
APPENDIX B
Form of Inventory and notice
[Rule 31(1)(c)]
(State particulars of goods and chattels seized)
Take notice that I have this day seized the goods and chattels specified in the above inventory for the sum
of Rs. ............. p........... due for the tax or taxe mentioned in the margin .................... for the .................
ending 19 ......., and that unless you pay into the office of the municipality of the amount due together with
the warrant fee, the distraint fee and cost of keeping the goods and chattels, within seven days from the date
of this notice, the goods and chattels, will be sold on the ...................................... day of .................... 19
................, at the municipal office or at such other place as the Secretary may direct; and that the goods and
chattels may be sold at any previous date if they are liable to speedy and natural decay.
Station :
Date : 19 Signature of the officer executing the warrant of distress.
APPENDIX 3 Table of fees payable on distraints
APPENDIX
APPENDIX C
Table of fees payable on distraints
[Rule 33(1)]
--------------------------------------------------------------------------------
Sum distrained for
Fees
--------------------------------------------------------------------------------
Rs. Ps.
Under 1 rupee
--
--
0.25
1 rupee and over but under
5
rupees
--
--
0.50
5 rupees and over but under
10
rupees
--
--
1.00
10 rupees and over but under
15
rupees
--
--
1.50
15 rupees and over but under
20
rupees
--
--
2.00
20 rupees and over but under
25
rupees
--
--
2.50
25 rupees and over but under
30
rupees
--
--
3.00
30 rupees and over but under
35
rupees
--
--
3.50
35 rupees and over but under
40
rupees
--
--
4.00
40 rupees and over but under
45
rupees
--
--
4.50
45 rupees and over but under
50
rupees
--
--
5.00
50 rupees and over but under
60
rupees
--
--
6.00
60 rupees and over but under
80
rupees
--
--
7.50
80 rupees and over but under
100
rupees
--
--
9.00
100 rupees and over
--
--
10.00
The above charges include all expenses, except when peons are kept incharge of property distrained, in
which case twenty-five paise must be paid daily for each peon.
SCHEDULE 3 Building Rules
SCHEDULE III SCHEDULE III
Building Rules
[Section 230]
1. Definitions :- In these rules, unless the context otherwise requires,
(i) "dwelling" means family occupation in a building which is not designated or intended to be used as a
dwelling house;
(ii) "dwelling house" means a house designed or intended to be used wholly or principally for human
habitation together with such out-buildings, latrines and other erections as are ordinarily used or intended to
be used therewith;
(iii) "open space" means an area forming an integral part of the plot open to the sky;
(iv) "plot" means a contiguous position of land held in single or joint ownership other than land used,
allotted or set apart for any street, lane, passage, pathway or other common public purpose;
(v) "public building' means a building used or intended to be used either ordinarily or occasionally as a
place of public worship, dharamasala, college, school, theatre, cinema, public concert room, public hall,
public bath, hospital, hotel, restaurant, latrine, room, shop or any other place of public assembly;
(vi) "site for building" includes all the land within the curtilage of the building and forming it appurtenance
such as outbuildings, yard, court open space and garden attached thereto or intended to be occupied
therewith;
(vii) "person" includes the Government.
2. Application for construction, etc., of a building :- (1) Every person who constructs, reconstructs or alters
or adds to, a building other than a hut, shall submit an application to the Commissioner for the approval of
the site and for permission to execute the work, in the form specified in Appendix `A' to these rules with
such variations as circumstances may require.
(2) The application shall be accompanied by--
(i) a site plan (in triplicate) of the land on which the building is to be constructed, reconstructed, or altered
or added to drawn or reproduced in a clear and intelligible manner on suitable and durable material as may
be notified by the Commissioner and comply with the requirements specified in Appendix `C' to these
rules, as far as may be necessary;
(ii) a plan or plans (in triplicate) of the buildings to be constructed, reconstructed or altered or added to,
drawn or reproduced in clear and intelligible manner on a suitable and durable material as may be notified
by the Commissioner, and showing the ground plan, plan of each floor, elevations and sections of the
building and buildings as per the requirements specified in Appendix `D' to these rules; and
(iii) a specification (in triplicate) complying with the requirements specified in Appendix `E' to these rules
as far as may be necessary.
(3) The application as well as the plans and specifications shall be signed by the owner of the site and
building. They shall also be signed by a licensed surveyor, architect or engineer, appointed as per the bye-
laws adopted by the council with the approval of the Government.
3. Application for construction etc., of a hut :- (1) Every person who constructs, reconstructs, or alters or
adds to, a hut shall submit an application to the Commissioner in the form specified in Appendix `B' to
these rules together with the site plan (in triplicate) of the land on which the hut is to be constructed,
reconstructed or altered or added to, complying with the conditions specified in the said Appendix as far as
may be necessary. He shall also furnish information as to the purpose for which hut is proposed to be
constructed, reconstructed or altered or added to.
(2) Where it is intended to use the hut or part thereof for any of the purposes specified in Schedule IV of
the Act or as a stable, cattle-shed, cow-house, it shall be expressly stated in such application.
(3) The Commissioner may require the applicant--
(a) to furnish any information which has been omitted to be furnished;
(b) to satisfy the Commissioner that there are no objections which may lawfully be taken into consideration
for the grant of permission to execute the work.
(4) If any information required under sub-rules (1) to (3) is, in the opinion of the Commissioner,
incomplete or defective, it may require further information to be furnished.
(5) If any requisition made under sub-rule (3) or (4) is not complied within one month from the date of its
communication, the application shall be rejected.
4. Withholding of permission in certain cases :- (1) Before granting permission for the construction, or
reconstruction of or addition or alteration to, a building, the Commissioner shall take into consideration the
proximity of aerial electrical lines if any, to the building, and shall withhold permission for such
construction, reconstruction, addition or alteration, unless suitable arrangements are made by the applicant
to meet the requirement of the rules made under the Indian Electricity Act, 1910.
(2) Permission to the construction, or reconstruction for or addition or alteration to the building, shall be
withheld in cases where the clearance between building or any part of the building and electric lines is less
than--
--------------------------------------------------------------------------------
Vertically Meters
Horizontally Meters
--------------------------------------------------------------------------------
(1)
(2)
(a)
Low & Medium voltage and service
lines
2.4
1.2
(b)
High Voltage lines unto and including 33,000 volts
3.7
1.85
Extra high voltage lines beyond
33,000 voltage
3.7 + 0.3 metres
for every additional
33,000 volts or part
thereof
1.85 + 0.3 for every
additional 33,000 volts
or part thereof
--------------------------------------------------------------------------------
(3) No permission shall, granted for construction, re-construction or alteration of building and structures or
installations exceeding the heights indicated in the Tables I and II below in the vicinity of civil aerodromes
without prior consultation with the Local Civil Aerodromes Authority.
TABLE I
International Civil Air Ports and their alternates
--------------------------------------------------------------------------------
Sl.No.
Limits of distance from the Civil Aerodromes, reference point measured horizontally of buildings,
structures or installations Difference between the elevation of the top of the buildings, structures or
installations and the elevation of the Civil Aerodromes (reference point)
--------------------------------------------------------------------------------
(1)
(2)
(3)
--------------------------------------------------------------------------------
1.
Between 28,000 ft. and 12 Nautical Miles
Less than 500
2.
Between 24,000 ft. and 28,000 ft.
Less than 400
3.
Between 20,000 ft. and 24,000 ft.
Less than 300
4.
Between 16,000 ft. and 20,000 ft.
Less than 200
5.
Between 14,000 ft. and 16,000 ft.
Less than 160
6.
Between 12,000 ft. and 14,000 ft.
Less than 120
7.
Between 10,000 ft. and 12,000 ft.
Less than 80
8.
Between 8,000 ft. and 10,000 ft.
Less than 40
9.
Between 8,000 ft. and Less Nil
Except with the prior
concurrence of the local
Aerodrome Authorities.
--------------------------------------------------------------------------------
TABLE II
Other Civil Air Ports and Civil Aerodromes
--------------------------------------------------------------------------------
(1)
(2)
(3)
--------------------------------------------------------------------------------
1.
Between 26,000 ft. and 12 Nautical Miles
Less than 500
2.
Between 22,000 ft. and 26,000 ft.
Less than 400
3.
Between 18,000 ft. and 22,000 ft.
Less than 300
4.
Between 14,000 ft. and 18,000 ft.
Less than 200
5.
Between 12,000 ft. and 14,000 ft.
Less than 160
6.
Between 10,000 ft. and 12,000 ft.
Less than 120
7.
Between 8,000 ft. and 10,000 ft.
Less than 80
8.
Between 6,000 ft. and 8,000 ft.
Less than 40
9.
Between 6,000 ft. and Less Nil
Except with the prior
concurrence of the local
Aerodrome Authorities.
--------------------------------------------------------------------------------
(4) No construction of smoke-chimney except that of kitchen of residential buildings in factories,
Workshops and work places, shall without consultation with the local Civil Aerodrome Authorities be
permitted within the vicinity of Civil Aerodromes the smoke from which is likely to obscure the clear
vision of Civil Aerodrome Pilots.
(5) Irrespective of their distance from the Aerodromes, that is beyond 12 Nautical miles of the aerodrome
(aerodrome reference point) no radio masts or such similar types of installations exceeding 500 ft. in height
shall be erected without prior permission of the Director-General, Civil Aviation.]
5. Sites :- (1) No site which should admit of storm-water drainage into it owing to its level or location shall
be used for the construction of a building unless arrangements are made to prevent effectually the flooding
of the site either by draining into a storm-water course, if one is available, or by raising the level of the site
to an adequate height by the deposit of layers of sound and non-putrescrible material.
(2) No site, wherein the soil and sub-soil would be so saturated with water that dampness of the floor and
walls of the building would be inevitable, shall be used for the construction of a building unless a damp-
proof course of a type approved by the [Commissioner] is provided in the basement of the building not
higher than the level of the lowest floor and unless the flooring is made with a material approved by the
Commissioner which would effectively prevent the dampness rising in the floor of the building.
(3) No site shall be used for the construction of a building intended for public worship or religious purposes
without the prior approval of the Collector of the district who may refuse such approval if, in his opinion,
the use of the site for the proposed construction of the building is likely to endanger public peace and order,
after giving an opportunity to the applicant to show cause against such refusal:
Provided that an appeal shall lie against the Collector's decision to the Government who may issue such
orders as they deem fit.
(4) Every person who constructs, reconstructs or alters, or adds to, a building shall, wherever the site is
within fifteen meters of any tank, reservoir, water-course, river, fresh-water channel or well carry out such
measures as may be necessary or as the Commissioner may direct, for the purpose of preventing any
contamination of, or any risk of drainage of building passing into, such tank, reservoir, water-course, river,
fresh-water channel or well.
6. Foundations :- (1) The foundation of every building to be constructed shall be--
(i) so constructed as to satisfy the Commissioner that they will sustain the combined loan of the building
and of the super-imposed load and transmit those loads to the sub-soil in such manner as not to impair the
stability of the building or any part thereof by settlement caused by the pressure of such loads; and
(ii) taken down to such depth, or so constructed, as to render the building immune from damage from
movements due to seasonal variations in the content of moisture in the ground.
(2) Every person who constructs, reconstructs, adds to or alters a building shall take such steps or do such
things as the Commissioner may direct or require so as to secure proper stability of the building and to
render the building immune from any settlement or movement that may be caused in the soil on account of
seasonal variations in the contents of moisture, inequalities of soil resistance, lateral escape of soft soil,
sliding of the sub-stratum on sloping ground, distributed or concentrated lateral pressure or other causes.
7. Basement :- Every person who constructs, reconstructs, adds to or alters, a building shall comply with
the following requirements--
The ground floor or lowest floor of the building shall be at such level as will allow for the effectual
drainage of the floor. Unless the Commissioner having regard to the circumstances of the case directs
otherwise; it shall be not less than 0.5 metre above the ground or site level:
Provided that stables, cattle sheds, and buildings of similar nature not intended for human occupation, may
have the plinth and the lowest floor thereof not less than 0.25 metre above the ground or site level, unless
the Commissioner having regard to the circumstances of the case, directs otherwise.
Note :- This rule shall not apply to a cellar or granary below the ground floor which is intended for storage
only and constructed in dry soil or in such manner as to be impervious to moisture.
8. Superstructure Walls, Floors and Roofs :- (1) Every person who constructs a building shall cause every
wall to be constructed of--
(a) good whole bricks or stones properly bonded and solidly put together with good jointing material
compounded of good mud, good lime, or good cement and clean sand or other suitable and durable
material; or
(b) other good hard and suitable incombustible material properly and solidly put together.
This sub-rule shall not apply to huts or to cases falling under Section 206 or Section 229(2) of the Act.
(2) Every person who constructs or reconstructs or adds to a building shall cause every wall to be built of
sufficient thickness to ensure safety and stability, regard being had to the length of the wall and the height
of the building, the purposes for which the building is intended to be used, the dead load comprising of the
actual weight of walls, floors, stairs, landings, roofs and all other permanent construction comprised in such
building, the super-imposed load in respect of such building comprising of all loads other than the dead
load, and also the maximum permissible loads for different kinds of work and materials of construction.
(3) Every person who construct or reconstructs or adds to a building shall cause every pillar, pier, frame
work, beam and other construction carrying loads in the building, to be so designed and constructed as to
withstand the combined dead load and the super-imposed load.
(4) Every person who constructs or reconstructs or adds to a building shall cause the floors and roofs to be
so designed and constructed as to withstand the combined dead load due to their own weight and other
super-imposed load to which such floors and roofs may be subject.
(5) Unless otherwise specified by the Commissioner the dead load of the weight of walls, floors and roof
and the super-imposed loads expressed in terms of dead load, as setforth in Appendices `F' and `G' to these
rules, shall be adopted.
(6) If the super-imposed load on any wall, floor or roof is to exceed that specified in the said Appendices,
such greater load shall be provided for, with an equivalent margin of safety.
(7) In the case of any floor or roof intended to be used for a purpose for which a super-imposed load is not
specified in the said Appendices, the super-imposed load to be carried on such floor or roof shall be
provided for with an equivalent margin of safety.
(8) For stairs and landings, the super-imposed load shall be taken as equivalent to a distributed load of not
less than 350 kilograms per square metre, but each step shall be capable of safely supporting a concentrated
load at any point of not less than 60 kilograms, ordinarily.
(9) For a roof the plane of which inclines upwards at a greater angle than 20 degrees with the horizontal,
the super-imposed load, which shall for this purpose be deemed to include wind pressure or casual load,
shall be taken at 50 kilograms per square metre of sloping surface, normal to such sloping surface, on either
side of such roof.
(10) For all other roofs, unless otherwise specified by the Commissioner, the super-imposed load shall be
taken at 180 kilograms per square metre measured on a horizontal plane.
(11) For all floors of a domestic building, unless otherwise specified by the Commissioner, the super-
imposed load shall be taken at 250 kilograms per square metre measured on a horizontal plane.
(12) Where a rolling load actuated by mechanical power is to be provided for, such rolling load shall be
taken as equivalent to a static load which shall not be less than one and a half times the actual rolling load.
(13) Partitions and other structures super-imposed on floors and roofs may be included in the super-
imposed load, provided the weight of the partition or other structure per square metre of base does not
exceed the permissible load per square metre of floor or roof area. Partitions and other structures of greater
weight shall be specifically provided for.
(14) Every person who constructs of dwelling house or other domestic building shall cause every external
wall and every main wall to be built, unless otherwise specified by the Commissioner, of atleast the
thickness specified in Appendix H. The thickness specified in the said Appendix shall apply only to walls
built in horizontal beds or courses of good whole bricks or of suitable stone, or other blocks of hard and
incombustible material.
(15) Every portion of the building shall be so designed as to be within the safe permissible loads for
different materials of construction.
(16) The provisions of this rule shall, as far as may be, apply to reconstruction of buildings.
9. Space about buildings and height of buildings :- (1) This rule applies to buildings newly constructed or
reconstructed, to the conversion into a dwelling house of a building not originally constructed as a dwelling
house, and to additions and alterations made to existing buildings, irrespective of whether the new
construction, reconstruction, conversion or addition or alteration is in the ground floor, first floor or any
other upper floor, and in the case of an addition or alteration to any existing building, the rule shall apply in
respect of addition or alteration only and not to the whole building.
(2) (i) in the case of public or private street, not being a conservancy lane, no building (except plinth, steps
and other similar structure not being above the floor level of the building and any fence or compound wall
not exceeding 2 metres in height from ground or site level) shall be built;
(a) within 1.5 meters of the boundary of the street;
(b) in the space between the building line and the street alignment as defined under Section 175 of the Act:
Provided that any sunshade, balcony, canopy, eaves or other similar projecting portion of the building not
exceeding 1 metre in width may be allowed above a height of 3 meters measured from ground level where
no pillar, wall or other structure erected in the open space for support, and where there is clear space of 65
metres between the centre line of road and the projections.
(ii) Where a site abuts one, two or more streets, the front set back shall be provided on all the streets.
(iii) Where a site is away from any street, the front set back shall be equal to half the height of the building
and shall in no case be less than 4.0 metres in depth.
(iv) No building shall be less than 6.5 metres away from the centre line of any street.
(3) (i) The height of a building shall not exceed one-and-a-half times the width of the street immediately in
front of it plus the open space in front of that building:
Provided that the said height may be exceeded to the extent of 2 metres for every one metre by which the
corresponding portion of the building is set back from the street.
(ii) No building shall have more than four floors including ground floor and the total height of any building
shall not exceed 15 metres.
Explanation :- The height of a building referred to in this sub-rule shall be reckoned from the level of the
crown of the street, immediately in front of the building.
(4) Between the rear boundary of every building site and the building itself, there shall be an open space
exclusively belonging to such building and extending laterally throughout the width of the site to a depth of
not less than 3 metres:
Provided that where this depth cannot be obtained throughout the entire width of the site by reason of the
exceptional shape of the site or other exceptional circumstances, it shall suffice if the mean depth is not less
than three metres.
Note :- This sub-rule shall not apply to huts.
(5) Where it is impracticable to leave an open space throughout the width of the site, the Commissioner
may permit a portion of the building to abut on the rear boundary of the site for a distance not exceeding
one-third of the length of the rear boundary provided that the open space at the rear of the building and
belonging exclusively to it shall be not less than twenty square metres or two-ninths of the area of the site,
whichever is greater.
(6)(i) A well, latrine, ash-pit, garage, cow-shed, and any other building not intended for human habitation
and not exceeding a height of 3 metres above ground level, may be constructed in the open space referred
to in sub-rule (4) and (5), provided that the aggregate area covered by such structures shall not exceed one-
fourth of the area of such open space.
(ii) Sub-rules (4) and (5) shall not apply to buildings used solely as shops, ware-houses and godowns,
provided that if any such building or any portion thereof is at any time proposed to be used as a dwelling
house or dwelling, permission of the Commissioner shall be obtained and the building shall be
reconstructed or altered so as to comply in every respect with the requirements of sub-rules (4), (5) and (7).
(7) Buildings wholly or partly intended for human habitation or to be used as offices, schools, factories,
workplaces and the like where human beings work for considerable part of the day, except the buildings to
be solely used as shops, godowns or warehouses, shall not cover more than two-thirds of the area of the site
and the remaining one-third area of the site shall be kept as vacant space open to sky.
Note :- An open courtyard may be included in the calculation of the left area as vacant space open to the
sky.
(8) The open space required to be left in and around a building under sub-rules (2), (4), (5) and (7) shall be
measured at the level of the proposed construction, reconstruction, conversion or addition or alteration
proposed on any floor other than the ground floor, being taken to be the line along that floor vertically
above the boundary line on the ground.
(9) No construction, reconstruction or addition for a building shall be allowed if such work operates to
reduce an open space of any other adjoining building to the same owner to an extent less than what is
prescribed by this rule or to reduce further such open space if it is already less than that prescribed.
10. Height Regulations :- (i) Habitable Room :- The height of all rooms for human habitation including
kitchen shall not be less than 2.5 metres measured from the surface of the floor to the lowest point of the
ceiling, provided that minimum head-room at any point shall not be less than 2.5 metres.
(ii) Bath-rooms, Water closets and Stores and Garages :- The height of all such rooms measured from the
floor to the lowest point in the ceiling shall not be less than 2.25 metres. Nothing on the ground floor shall
be constructed in such a way as to leave a headway less than 2.25 metres.
(iii) Rooms in non-residential buildings :- The height of all rooms of the buildings (other than residential,
shops, buildings, shops, offices, schools, and the like) shall not be less than 3 metres measured from the
surface of the floor to the lowest point of the ceiling.
This rule shall apply to all constructions, reconstructions and additions to buildings.
11. Size of rooms :- (i) Habitable rooms :- The size of habitable room shall not be less than 9 square metres
with a minimum width of 2.5 metres.
(ii) Kitchen :- Every kitchen shall have a floor area of not less than 5.5 square metres and shall not be less
than 1.8 metres width at any part. Where there is a separate store, the floor area of the kitchen may be
reduced to 4.5 square metres. A kitchen which is intended as a dining room also shall have a floor area of
not less than 9 square metres with a minimum width of 2.5 metres.
(iii) Bath-room and water closet :- The size of bath-room shall not be less than 1.2 x 1.2 metres and where
it is combined bath and water closet, its floor area shall not be less than 2.5 square metres. The size of
water closet shall not be less than 1.2 x 1.0 metres.
This rule shall apply to all constructions, reconstructions and additions to buildings.
12. Lighting and ventilation :- (1) Every habitable room including kitchen shall have, for admission of light
and air, one or more appertures such as windows, fans, lights, etc., opening directly to the external air or
into an open verandah, and of an aggregate area of not less than one-eighth of floor area excluding doors.
(2) Each of the bath-rooms, water closets, stores and stairways shall have atleast half of the ventilation
required for a habitable room under sub-rule (1). The windows or ventilators to light and ventilate these
rooms shall be located to about an exterior wall facing a street, open space, lane, courtyard or an air shaft,
whose dimension in the direction perpendicular to the window is not less than one-fourth of the height of
the building, on which window ventilator is located subject to the maximum and minimum limit of five
metres and one metre respectively.
(3) This rule shall apply to all constructions and reconstructions and additions to buildings.
Note :- Windows and ventilators which open into a verandah shall be deemed to communicate with the
external air, provided that such verandah is not more than 3 metres wide, and open throughout its entire
length into a space open to the sky; the width of such open space being double the width of verandah and in
no case less than 2 metres.
13. Chimneys and Flues :- Every place, wherein fire is kindled habitually such as a kitchen or bathing
place, shall be provided with efficient means for the escape of smoke, or the products of combustion,
directly above every fire place.
Note :- The means would depend upon the nature of roofing over the room in which fire- place is provided.
In a tiled roof, the means as may be prescribed by the Commissioner be adopted as the minimum
requirements. In the case of terraced roofs a flues of adequate height and size should be provided.
14. Drains and sanitary conveniences :- Every building shall be provided with means for the effectual
drainage of storm-water, sullage and sewage from the premises and sufficient and suitable sanitary
convenience for the use of the occupants of the building.
Note :- The drainage arrangements and the sanitary conveniences shall be in accordance with such rules or
bye-laws as may be made in that behalf.
15. Staircases and Lifts :- (1) Every person who constructs, reconstructs or makes any addition to a
building space, shall provide in such building one or more staircases each extending from ground floor
level to the highest floor level of the building. Such staircase shall be within a distance of 20 metres from
such portion or portions of the entrance door of atleast one room of a tenement or a dwelling house or an
office building or every room in a public building or warehouse. The staircase or staircases provided and
intended for 10 or more persons shall be accessible from the street by a passage atleast 2 metres in width.
The staircase or staircases shall entirely be constructed of fire-resisting material and shall be of minimum
width of one metre clear. In case of a single family residential building, width of the staircase may be
reduced to 0.75 metre.
(2) Every passage giving access to the staircase shall in no part be less than the width of the staircase of
such building and its floor shall be of fire resisting material and carried by supports of fire resisting
material:
Provided that where the staircase is to be used by more than one hundred persons an additional width of 2.5
centimetres shall be provided in the staircase for every additional 15 persons. Where the number of persons
using the staircase exceeds three hundred, an additional staircase of required width shall be provided.
Note :- for the purpose of this rule each square metre of floor space of the habitable rooms of dwelling
house shall be deemed to be occupied by one person. For other classes of buildings, the number of persons
shall be calculated in accordance with such standards as may, from time to time, be laid down by the
Commissioner.
(3) The maximum riser and minimum width of tread of staircases shall be as follows:-
--------------------------------------------------------------------------------
Type of building
Maximum Riser
Minimum Tread
--------------------------------------------------------------------------------
Public Building
15 Centimetres
30 Centimetres
Residential Building
19 Centimetres
25 Centimetres
--------------------------------------------------------------------------------
16. Special Rules for the huts :- (1) Except with the written permission of the Commissioner, no portion of
a hut shall be placed with 2 metres of a masonry or wooden building, provided that this rule shall not
preclude the construction of huts in compounds, where masonry or wooden out-houses would be
permissible.
(2) No hut shall be more than one storey, nor exceed 3 metres in height measured from the top of the plinth
to the junction of the eaves and wall.
(3) The wall of the hut, at the junction of the eaves and wall, shall in no place be less than 2 metres in
height, measured from the top of the plinth.
(4) On land exclusively set apart from the construction of huts, the huts shall be built in continuous lines in
accordance with an alignment to be determined by the council.
(5) Where an alignment determined under sub-rule (4) does not correspond with the alignment of a street, a
passage of atleast 6 metres, measured from eave to eave, shall be left between the rows of huts abutting on
such alignment.
(6) The municipal authorities shall have the right to send carts along the passage referred to in sub-rule (5)
or otherwise make use of them for any of the purposes of the Act.
(7) Notwithstanding anything contained in sub-rule (4), huts may, with the special sanction of the council,
be built so as to form an open court-yard, comprising atleast one-third of the whole area occupied by the
huts and court-yard.
(8) Between any two huts, there shall be a space of atleast 1.5 metres measured from eave to eave.
17. Special rule for well :- (1) A Well in any site intended to supply water from human consumption or
domestic purposes shall be of a pucca construction with a structurally sound material and comply with the
following requirements; namely--
A well shall be--
(i) not less than 10 metres from any ash pit, refuse pit, earth closet or privy and shall be located on a site
upwards from the earth closet or privy;
(ii) not less than 15 metres from any ash pit, soakway or borehole latrine and shall be located on a site,
upwards from cess pit or soakway or borehole latrine;
(iii) so situated that the movement of subsoil or other water is not likely to contaminate;
(iv) of a minimum internal diametre of not less than one metre; and
(v) not located under a tree, and if it is so localised it should have a canopy over it so that leaves and twigs
may not fall into the well and rot:
Provided that the above conditions do not apply to a kutcha well of a semi-permanent nature which shall be
permitted only in fields or gardens for purposes of irrigation.
(2) The wall of the head of the well be raised above the level of the adjoining ground to form a parapet or
kerb and to prevent surface water from flowing into a well, and shall be surrounded with paving
constructed of impervious material which shall extent for a distance of not less than 1.5 meters in every
direction from the parapet or from the kerb forming the well head and the upper surface of paving shall be
sloped away from the well.
(3) The interior surface of the lining or walls of the well shall be rendered impervious for a depth of not
less than 2 metres measured from the level of the ground immediately adjoining the well head.
18. Power of Government to exempt buildings :- The Government may, either suo motu or on application,
exempt any class of building or buildings of any institution or organization, from the operation of all or any
of the provisions of these rules:
Provided that where the construction of a building is started in contravention of the rules, no such
exemption shall be granted in respect of such building.
APPENDIX A Application under Sections 209, 216, 220, 225 or 227 as the case may be, of the
Andhra Pradesh Municipalities Act, 1965
APPENDIX
APPENDIX `A'
[Rule 2(1)]
.......................... Municipality
Ten Paise Court fees stamp to be affixed here
(Application under Sections 209, 216, 220, 225 or 227 as the case may be, of the Andhra Pradesh
Municipalities Act, 1965)
From
Name of Owner of land and Building:
Address:
To
The Commissioner,
..................... Municipality.
Date :
Sir,
I intend to construct/reconstruct/make alterations or additions to a building other than a hut, in the site or
plot of land, Town or Revenue Survey No. ...................... Street or Road named in the Ward or Division
and in accordance with the provisions of Section .................................
(Section 209, 216, 220, 225, 227 as the case may be) and Rule 2 of the Building Rules, I forward herewith
in triplicate--
(a) a site plan of the land on which the building is to be constructed/reconstructed/altered or added to
(complying with the requirements of Appendix `C' of the Rules);
(b) a plan or plans of the building showing a ground plan, plan of each floor elevations and section
(complying with the requirements of Appendix `D' of the Rules).
(c) a specification of the work (complying with the requirements of Appendix `E' of the rules);
I intend to use the building only as dwelling house/not as dwelling house but for the purpose of
.........................
I request that the site may be approved and that permission may be accorded to execute the said work.
Signature of the Licensed Builder, Signature of the Owner of the
Surveyor, Architect or Engineer. land and Building.
Conditions
(i) I agree not to proceed with the execution of the work until approval is given or is deemed to have been
given by the Commissioner under Section 212 or Section 214 of the Andhra Pradesh Municipalities Act,
1965 or permission is granted or deemed to have been granted by the said authority under Section 213 or
Section 214 of the said Act.
(ii) I agree not to do any work otherwise than in accordance with the site and building plans and
specifications which have been approved, or in contravention of any of the provisions of the Andhra
Pradesh Municipalities Act, 1965, or any rule, bye-law, order or other declaration made thereunder, or of
any direction or requisition lawfully given or made under the said Act, Rules, or bye-laws.
(iii) I agree to make any alterations which may be required by any notice issued or by any order confirmed
under Section 217 or Section 228 of the Andhra Pradesh Municipalities Act, 1965 as the case may be.
(iv) I agree to keep one copy of the approved site plan and one set of copies of the sanctioned plans of the
building, at the site of the building at all times when the work is in progress and also agree to see that such
plans are available and the building is open at all times for the inspection of the Commissioner or any
officer authorised by him in that behalf.
(v) I agree to give notice to the Commissioner in accordance with Section 94 of the Andhra Pradesh
Municipalities Act, 1965, and furnish a set of completion plans within thirty days from the date of
completion or occupation of the building, whichever is earlier.
(vi) I also agree not to occupy the building that will be constructed or reconstructed by me or cause or
permit it to be occupied until I have obtained a certificate from an Officer of the Public Health Department
of the Municipality, as required by Sections 26 and 33 of the Andhra Pradesh (Andhra Area) Public Health
Act, 1939.
Signature of the Owner of the
Land and the Building.
APPENDIX B Application for permission to construct/reconstruct or alter or add to a hut.
APPENDIX
APPENDIX `B'
[Rule 3(1)]
Application for permission to construct/reconstruct or alter or add to a hut.
To
The Commissioner,
Municipal Council.
.................
Sir,
I beg to give notice that I intend to construct/reconstruct/make alterations or additions to a hut or huts in
S.No. ........... Street ............................... Ward and in accordance with the provisions of Section 220 of the
Andhra Pradesh Municipalities Act, 1965. Information as to the purpose for which the hut is proposed to be
constructed, reconstructed or altered or added to, is furnished.
I forward herewith (in triplicate) a site plan of the land on which the hut is to be constructed, reconstructed,
altered or added to complying with the requirements of Appendix `C' of the rules as far as may be
necessary.
I request that the site may be approved and that permission may be accorded to executive the said work.
Signature of the Owner of the Land and Hut.
Address ......................................
Conditions
(i) I agree not to proceed with the execution of the work until permission is granted or deemed to have been
granted by the Commissioner under Section 222 or Section 223 of the Andhra Pradesh Municipalities Act,
1965, as the case may be.
(ii) I agree not to do any work otherwise than in accordance with the permission of the Commissioner or in
contravention of any of the provision of the Andhra Pradesh Municipalities Act, 1965 or any rule, bye-law,
order or other declaration made thereunder, or of any direction or requisition lawfully given or made under
the said Act, Rules or Bye-laws.
(iii) I agree to make any alterations which may be required by any notice issued by any order confirmed
under Section 228 of the Andhra Pradesh Municipalities Act, 1965.
Signature of the Owner of the Hut
APPENDIX C The Site Plan
APPENDIX `' Rule 2(2)(i)
APPENDIX `C'
[Rule 2(2)(i)]
The Site Plan
The site plan should comply with the following requirements--
(1) It should be drawn to a scale of not less than 1:200, provided that where the circumstances as such as to
make a smaller scale necessary or sufficient, the plan may, with the consent of the Commissioner, be to a
scale of 1:500.
(2) It should show the boundaries of the site or plot for building.
(3) It should give the survey number of the site or plot.
(4) It should give accurately the dimensions of the site or plot.
(5) It should show the street or streets, with name or names on which the site or plot abuts or those from
which access to the site or plot is proposed to be obtained.
(6) It should give the width of the street or streets on which the site or plot abuts or those from which
access is proposed to be obtained.
(7) It should show whether the street or streets on which the site or plot abuts or those from which access is
proposed to be obtained are public or private, and if private, what the names of the owners of the land
occupied by them are and whether they have been formed and metalled. The existing, proposed or
approved building lines on each side of the street or streets should also be shown.
(8) It should show the location of the proposed building on the site or plot, and also the location of latrines,
urinals, stables, cow sheds and other appurtenances of the building, as well as the positions and dimensions
of the open spaces including the courtyards left in the site or plot forming the cartilage or appurtenance to
the building and the passage or means of access provided for scavenging purposes.
(9) It should show the positions of wells, tanks, water courses, if any, in the site or plot and within distance
of 25 metres from it in any direction.
(10) It should indicate the position and approximate height of buildings within 15 metres of the site or plot.
(11) It should incorporate the positions and sections of trial pits taken within the site or plot describing, so
far as may be necessary and possible, the exact nature of soil and sub-soils met with.
(12) It should, so far as may be necessary and possible, record the water-level in the well, if any, on the site
or plot or in the adjoining wells, if any, with the date on which the observation was taken.
(13) It should give the relative levels of the site or plot with reference to the crown of the street or streets on
which the building abuts or those from which access to the building is proposed to be obtained.
(14) It should also show such other particulars required under any bye-laws made by the Municipal Council
under Section 330 of the Andhra Pradesh Municipalities Act, 1965.
Note :- (i) The Commissioner may require the owner to furnish him with any further information which has
been omitted to be furnished.
(ii) it shall not be necessary to comply with requirements of items (10) to (12) in the case of application for
the construction or reconstruction of a hut.
(iii) In the case of an application for a hut, only a ground plan and section of the proposed hut showing the
position, form and dimensions of the walls, rooms and roof and the position and dimensions of windows or
door-ways need be furnished unless otherwise required by the Commissioner.
APPENDIX D Building Plans
APPENDIX `'
APPENDIX `D'
[Rule 2(2)(ii)]
Building Plans
1. The ground plan, plan of each floor, elevations and sections of the proposed building should be nearly
and accurately drawn to a scale of not less than 1:100.
2. The plans and sections should show :-
(i) the depth and width of the foundation and the nature of the soil which the foundation is to rest;
(ii) the level of the lower floor of the building and the level of all courtyards and open spaces, with
reference to the level of the surface of the site or ground adjoining the building, and where possible to the
level of the crown of the abutting street or streets or those from which access to the building is proposed to
be obtained;
(iii) the position, form and dimensions of the walls, rooms, floors, roofs, chimneys and the several parts of
the building and also the form and dimensions of any water closet, earth closet, privy, ashpit or cesspool to
be constructed in connection with the building;
(iv) the lines of drainage of the building, and the position and level of the out-fall of the drains and the
position of any sewer with which the drainage is intended to be connected.
3. Where the construction reconstruction of a building or any temporary or permanent additions or
alterations thereto will render any aerial electric supply line, accessible to such building or structure, such
line shall be shown both in the plans and sections of the buildings or structures.
4. Where it is intended to use the building or part thereof for any of the purposes specified in Schedule Iv of
the Andhra Pradesh Municipalities Act, 1965 or as a stable, cattle-shed or cow-house, a slaughter-house,
market or cart-stand, the information shall be shown in the plants.
5. The plans should also show the positions and dimensions of windows, doorways and ventilators.
Note :- The Commissioner may require the owner to furnish him any further information, as far as may be
necessary, to show whether the building complies with any of the provisions of the Andhra Pradesh
Municipalities Act, 1965 and the Rules and Bye-laws made thereunder.
APPENDIX E Specifications
APPENDIX `'
APPENDIX `E'
[Rule 2(2)(iii)]
Specifications
The following particulars should be incorporated in the specifications--
1. The materials and the method of construction to be used for the various parts of the building.
2. The manner in which the roof and house drainage and the surface drainage of the site are proposed to be
disposed of.
3. The means of access that will be available for conservancy.
4. The use or uses for which the building is intended.
5. Whether there is within the building or site, or within a reasonable distance therefrom, a supply of
wholesome water sufficient for the domestic purposes of the inmates of the building, if it is intended to be
used as dwelling house.
6. If the building is intended to be used as dwelling for two or more families or as place for carrying on any
trade, business or industry in which not less than twenty people may be employed or as a place of public
resort, entertainment or other similar purposes, the means of ingress and egress in case of emergency
proposed to be provided.
7. The correct extent of the site as a whole, the area occupied by the existing building, or buildings if any,
and the total area that will be occupied by all buildings in the site, excluding the buildings, if any, exempted
under these rules.
Note :- (i) The above specifications shall be required only in the case of a building other than a hut.
(ii) The Commissioner may require the owner to furnish him with any further information, so far as may be
necessary to know whether the building satisfied all the requirements of safety and stability.
APPENDIX F Dead load of construction materials
APPENDIX `
APPENDIX `F'
[Rule 8(5)]
Dead load of construction materials
--------------------------------------------------------------------------------
Sl.No.
Description of Materials Weight in Kg. per Cubic metre
--------------------------------------------------------------------------------
1.
Brick in mud, lime or Cement Mortar
1,920
2.
Coarsed rubble in lime or cement mortar
2,560
3.
Laterite in lime mortar
2,400
4.
Random rubble in lime or cement mortar
2,560
5.
Concrete in lime or cement mortar
2,240
6.
Lime stone
2,640
7.
Sand stone
2,400
8.
Cuddapah slabs
2,640
9.
Ashlar
2,640
10.
Granite stones
2,800
11.
Reinforced cement concrete
2,420
12.
Cast iron
7,650
13.
Steel
7,850
14.
Wrought iron
7,700
15.
Teak
640-960
16.
Pine
480-640
17.
Oak
640-960
18.
Fir
400-480
--------------------------------------------------------------------------------
APPENDIX G Dead and super-imposed loads for floors and roofs (a) Loads on terraced roofs and
floors
APPENDIX `'
APPENDIX `G'
[Rule 8(5)]
Dead and super-imposed loads for floors and roofs (a) Loads on terraced roofs and floors
--------------------------------------------------------------------------------
Sl.No.
Description of Building Roof or floor
Weight of roof or floor
in Kg. Per
sq. metre
Super
imposed
load in Kg.
per sq. metre
Total
combined
load in Kg.
per sq. metre
--------------------------------------------------------------------------------
1. Dwelling houses, terraced and other domestic roof buildings
Terraced roof
420
180
600
2. Other buildings generally
do
420
225
645
3. Dwelling houses and other domestic floor buildings
Terraced floor
420
250
670
4. Other residential buildings, hotels, eating houses, clubs and other similar buildings
do
420
270
690
5. Elementary and Secondary schools, hospitals, dispensaries, retail shops and other similar buildings
do
420
270-360
690-780
6. Colleges, public offices, buildings, intended for purposes of trade and business, ordinary meeting rooms,
reading rooms, art galleries and halls and other similar buildings
do
420
360-450
780-870
7. Public assembly halls, theatres, museums, public concert rooms and other similar buildings Terraced
Floor
420
450-540
870-960
8. Workshops, factories buildings of a warehouse class and other similar buildings in which the floors are
subject to vibration
do
420
540-810
960-1,230
Weights of roof materials
9.
Common rafters and purlins (wood truss)
34
10.
Common rafters and purlin (iron truss)
29
11.
One inch deal boarding
17
12.
Asphalter felt
7.5
13.
Corrugated iron 30 B.W.G.
9.75
14.
Corrugated iron 18
B.W.G.
12.70
15.
Seals 3" lap
44
--------------------------------------------------------------------------------
Note :- Using standard scantlings, the most economical joint spacing is from 0.4 metre to 0.5 metres. The
bearing of every beam or girder on a wall shall be not less than three-fourths of the thickness of the wall.
Every beam and girder in the building shall be properly supported by a breadth of brick work, stone or
other solid substances sufficient to secure stability.
(b) Loadson sloping roofs and the pich of roofs
--------------------------------------------------------------------------------
Sl.No.
Description of roof pitch Dead weight of roof in Kg.
per Sq. Metre
Allowance for wind or casual load in Kg. per Sq.
Metre
Total
combined
Load in Kg.
per Sq. Metre
--------------------------------------------------------------------------------
1. Flat and pan tiles 1/4 to 1/3
150
50
200
2. Plain pan tiles 1/4 to 1/3110
50
100
3. Mangalore tiles with flat tiles and Air Spaces 1/4 to 1/3
80
50
130
4. Mangalore tiles bedded with mortar over flat tiles 1/4 to 1/3
110
50
106
5. Plain Mangalore tiles 1/4 to 3/4
55
50
105
6. 20 B.W.G. Corrugated iron or boarding with Mangalore tiles 1/6 to 1/4
65
50
115
7. Bengal Terrace 1/6 to 1/4125
50
175
--------------------------------------------------------------------------------
Note :- (1) 15 kilograms per square metre may be added to the weight in the last column to allow for
weight for rafters in computing scantlings of purlins etc.
(ii) Rafter spacing will vary from 0.5 metre to one metre according to class of timber.
(iii) Mangalore tiles with air space are not suitable for localities liable to plague, infection.
(iv) Pitch of roof in the alpirts coast will have to be atleast 1 to 4.
APPENDIX H Minimum thickness of external and Partly masonry walls (excluding plasters) of
Residential and Business buildings
APPENDIX `'
APPENDIX `H'
[Rule 8(14)]
Minimum thickness of external and Partly masonry walls (excluding plasters) of Residential and Business
buildings
--------------------------------------------------------------------------------
Height of wall in metres above plinth level
Thickness of wall in centimetres
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
Storey above ground level
Exceeding
Not exceeding
Length of wall in metres Basement floor
Ground floor
First floor
Second floor
Third floor
Fourth floor
Fifth floor
--------------------------------------------------------------------------------
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
--------------------------------------------------------------------------------
1
--
3.0
Any length
30
20
--
--
--
--
--
1
3.0
4.9
do
40
30
--
--
--
--
--
1
4.9
6.0
do
50
40
--
--
--
--
--
2
--
6.0
Under 10
30
20
20
--
--
--
--
2
--
6.0
Over 10
40
30
20
--
--
--
--
2
6.0
9.8
Under 10
40
30
30
--
--
--
--
2
6.0
9.8
Under 10
50
40
30
--
--
--
--
3
--
9.0
Under 10
40
30
20
20
--
--
--
3
--
9.0
Over 10
50
40
30
20
--
--
--
3
9.0
13.7
Under 10
50
40
30
30
--
--
--
3
9.0
13.7
Over 10
60
50
40
30
--
--
--
4
--
12.0
Under 10
60
40
30
30
20.
--
--
4
--
12.0
Over 10
60
50
40
30
30
--
--
4
12.0
18.0
Under 10
60
50
40
30
30
--
--
4
12.0
18.3
Over 10
70
60
50
40
30
--
--
5
--
15.0
Under 10
60
50
40
30
30
30
--
5
--
15.0
Over 10
70
60
50
40
30
30
--
5
15.0
22.9
Under 10
70
60
50
40
30
30
--
5
15.0
22.9
Over 10
80
70
60
50
40
30
--
6
--
18.0
Under 10
70
70
60
50
40
30
30
6
--
18.0
Over 10
80
70
60
40
30
30
30
6
18.0
27.4
Under 10
80
70
60
50
40
40
30
6
18.0
27.4
Over 10
90
80
70
60
50
40
20
--------------------------------------------------------------------------------
Note :- (1) No storey height is assumed to be more than 4.0 m.
(2) Length of walls is the length measured between buttressing on cross walls properly bounded and built
into the main walls to give lateral support.
(3) Thickness of wall shall not be less than 1/16th of storey height.
(4) Thickness of the basement wall shall be less than 1/3 of the height of surrounding ground measured
from basement floor.
(5) Walls are assumed to carry only distributed loads. Point or concentrated loads where they are not
further apart than 1 metre and are provided with a timber beam for proper distribution of these loads are
considered as distributed loads.
SCHEDULE 4 Purposes for which premises may not be used without a Licence
SCHEDULE IV SCHEDULE IV
Purposes for which premises may not be used without a Licence
[Section 263]
(a) Washing soiled clothes or keeping soiled clothes for the purpose of washing them or keeping washed
clothes;
(b) boiling paddy or camphor;
(c) melting tallow or sulphur;
(d) storing or otherwise dealing with manure, offal, blood, bones, rags, hides, fish, horns or skins;
(e) washing or drying wool or hair;
(f) making fish-oil;
(g) making soap, dyeing, boiling or pressing oil, burning bricks, tiles, pottery or lime;
(h) manufacturing or distilling sago; manufacturing artificial manure; manufacturing beedies or cigars;
(i) manufacturing gunpowder or fireworks;
(j) keeping a public halting place, choultry, or other rest-house for travellers (other than a choultry or rest-
house maintained by the Government or a local authority), a hotel, restaurant, eating-house, coffee house,
boarding house or lodging house (other than a students' hostel under public or recognised control);
(k) keeping a shaving or hair-dressing saloon;
(l) keeping together twenty or more sheep or goats or ten or more pigs or heard of cattle;
(m) preparing flour or articles made of flour for human consumption or sweet-meats;
(n) manufacturing ice, aerated waters;
(o) brewing beer, manufacturing arrack or other spirit containing alcohol (whether denatured or not), by
distillation;
(p) selling or storing for sale timber, jute, fibre, firewood, hay, grass, straw, thatching materials, coal,
charcoal and oils of all kinds;
(q) manufacturing jaggery, sugar-candy or syrup otherwise than as a cottage industry by tappers or persons
in enjoyment of the trees carried on in their own premises;
(r) selling or storing for sale any explosive or combustible materials:
Provided that no licence shall be required for storing petroleum and its products in quantities exceeding
those to which the operation of this Act is limited by provisions of the Petroleum Act, 1934 (Central Act 30
of 1934), or the rules or notifications issued thereunder;
(s) selling cotton wholesale or retail or storing cotton for wholesale or retail trade or for conversion into
yarn;
(t) manufacturing anything from which offensive or unwholesome smells arise;
(u) using for any industrial purpose any fuel or machinery other than such machinery as may, by
notification in the Andhra Pradesh Gazette, be exempted by the Government from time to time; and
(v) in general, doing in the course of any industrial process anything which is likely to be dangerous to
human life or health or property:
Provided that no licence shall be required for the storage of timber, firewood, thatching materials, hay,
grass, straw, fibre, or coal or for boiling paddy or for keeping soiled clothes or washed clothes or for
washing soiled clothes when such storage or boiling, keeping or washing is for private use;
Provided further that no licence shall be required under this Act for a lodging house as defined in the
Andhra Pradesh (Andhra Area) Public Health Act, 1939 (Act III of 1939), if the keeper thereof has been
registered under that Act.
SCHEDULE 5 List of Infectious Diseases
SCHEDULE V SCHEDULE V
List of Infectious Diseases
[Section 309]
Acute influenza Pneumonia
Typhoid fever
Anthrax
Influenza
Chicken pox
Relapsing-fever
Cholera
Rabies
Diptheria
Cerebro-spinal fever
Enteric fever
Measles
Glanders
Scarlet-fever
Leprosy
Typhus
Plague
Yaws
Small pox
Polimelitis
Tuberculosis
SCHEDULE 6 Ordinary Penalties
SCHEDULE VISCHEDULE VI
Ordinary Penalties
[Section 336]
--------------------------------------------------------------------------------
Section
or Rule
Sub-section
or Clause
Subject
Fine which may be imposed
Whether compoundable by council or with the permission of the Court
(1)
(2)
(3)
(4)
(5)
--------------------------------------------------------------------------------
52
(1)
Member having pecuniary interest voting or taking part in discussion in the council relating to that matter.
Five hundred rupees
94
(1)
Failure to send notice to Secretary after completion of construction or reconstruction of building.
Fifty rupees Compoundable
95
(1)
Failure of owner or occupier to furnish return of rent etc.
Fifty rupees
Compoundable
*101
*102
105
(1)
Failure of owner to register cart or other vehicle Five rupees
- do -
(2)
Failure to have or keep registration number affixed to cart.
- do -
- do -
109
(2)
Failure of occupier to obey requisition to furnish statement of vehicles and animals liable to taxation or
furnishing incorrect statement.
Ten rupees
- do -
111
Failure to obey order to affix register number of carriage.
Five rupees
Compoundable
136
Trespassing on premises connected with the water supply.
Fifty rupees
Compoundable
139
Failure to maintain connections in conformity with bye-laws and regulations.
- do -
- do -
140
(2)
Failure to obey requisition to make connection
- do -
- do -
149
Failure to maintain house-drains, etc., in conformity with bye-laws and regulations
- do -
Compoundable with permission of the Court before which any prosecution for such an offence is in
pending
150
(2)(3)
Failure to obey requisition as to house drainage
- do -
- do -
151
(1)(b)
Failure to obey direction as to limited use of drain or notice requiring construction of distrait drain
- do -
- do -
153
Unlawful construction of building over public drain One hundred rupees
- do -
154
Failure to obey requisition regarding culverts, etc., or to keep them free from obstruction Fifty rupees
- do -
155
Failure to obey a requisition to maintain troughs and pipes for catching water etc., from roof or other parts
of building
- do -
Compoundable
157
Failure to obey requisition to provide latrine or to remove latrine to another site & failure to keep latrines
clean and in proper order Fifty rupees Compoundable with the permission of the Court
158
Failure to provide latrines for premises used by large numbers of people or to keep them clean and in
proper order One hundred rupees Compoundable with the permission of the Court
159
Failure to obey requisition to provide latrines for market, cattle-stand or cart-stand or to keep them clean
and in proper order
- do -
- do -
160
Failure to construct latrines so as to screen persons using them from view Twenty rupees Compoundable
with the permission of the Court
162
Making connection with mains without permission
Two hundred rupees
- do -
166
Improper disposal of car casses, rubbish and filth Ten rupees Compoundable
167
Allowing night soil, putrid and purifying substances or any offensive matter to accumulate on premises for
more than forty eight hours etc.
Twenty rupees
- do -
168
Allowing filth to flow into streets
Ten rupees
- do -
169
Using cart without cover in removal of filth etc.
- do -
- do -
170
Throwing rubbish or filth into drains
- do -
- do -
176
Building in violation of building line or street alignment,
One thousand rupees
Compoundable with the permission of the Court
177
(1)
Failure to obey orders to set back building or part thereof Five hundred rupees
- do -
182
Unlawful displacement, etc., of pavement or fences, posts and other materials of public street Fifty rupees
Compoundable with permission of the Court
184
Failure to provide roads, etc., on building sites prior to disposal One thousand rupees
- do -
185
(5)
Unlawful making or laying of new private street One thousand rupees
- do -
187
Failure to obey requisition to metal, etc., private street Five hundred rupees
- do -
189
Building wall or erecting fence, etc., in a public street One hundred rupees Compoundable
190
Obstructing a person in the use of a public street
- do -
Compoundable
191
Allowing doors, ground- floor windows, etc., to open outwards without licence or contrary to notice
Twenty rupees Compoundable with the permission of the Court
192
Failure to remove permanent encroachment Two hundred rupees Compoundable
193
Failure to remove temporary encroachment Fifty rupees
- do -
196
Unlawful removal of bar, or storing timber etc., or removal or extinction of light Twenty rupees
- do-
197
Unlawful making of hole or placing of obstruction in street Fifty rupees
- do -
198
Construction of building with-out licence Fifty rupees
- do –
198
Failure to Fence, etc., such building while under repair or failure to remove obstruction
- do -
Compoundable with permission of the Court
199
Failure to remove obstruction caused in street by fall of trees etc., within 12 hours of fall
- do -
- do -
200
(3)
Unlawful destruction or alteration etc., of name of street Twenty rupees
Compoundable with the permission of the Court
201
(2)
Unlawful destruction or alteration etc., of numbers on buildings Five rupees Compoundable
201
(3)
Failure to replace number when required to do so.
- do -
- do -
205
(5)
Constructing or reconstructing building contrary to declaration issued by council Two hundred rupees
Compoundable with permission of the court
206
(1)
Failure to obey requisition to round or splay off buildings at corners of streets One hundred rupees
- do -
207
Construction of external roofs etc., with inflammable materials Twenty five rupees Compoundable
208
Construction of door or window etc., to open outwards on public street Twenty rupees Compoundable with
the permission of the Court
226
Failure to keep external walls of premises in proper repair
- do -
Compoundable
231
(1) Failure to obey requisition to take down, repair, or secure dangerous structure Five hundred rupees
Compoundable with permission of the court
232
(1)
Failure to obey requisition to secure, lop or cut down dangerous trees Fifty rupees Compoundable
233
Failure to obey requisition to repair etc., tank or other place dangerous to passersby or persons living in
neighbourhood
- do -
Compoundable with the permission of the Court
234
Failure to obey requisition to stop dangerous quarrying One hundred rupees
- do -
235
Failure to obey notice regarding precautions against fire
- do -
- do -
236
(1)
Constructing well, etc., without permission Fifty rupees Compoundable
236
(3)
Failure to obey notice to fill up or demolish well, etc.
- do -
- do -
237
Failure to obey requisition to fill up etc., tank or well, or drain off water etc.
- do -
- do -
238
Cultivating contrary to prohibition or regulations Two hundred rupees Compoundable with the permission
of the Court
239
Failure to obey requisition to cleanse or close, etc., tank, well or other source of water used for drinking
Fifty rupees
- do -
241
Obstructing a person in the use and enjoyment of a public well, tank or reservoir One hundred rupees
- do -
242
Unlawful washing and fishing in river etc., after prohibition or contrary to regulations Fifty rupees
Compoundable with the permission of the Court
244
Washing of clothes by washer-man at unauthorised places Ten rupees Compoundable
245
Defiling water of tanks, etc. Fifty rupees
- do -
246
Failure to obey requisition to enclose, clear or cleanse un-tenanted premises
- do -
- do -
247
Failure to obey requisition to clear or cleanse, etc., building or land in filthy state or overgrown with
noxious vegetation
- do -
Compoundable with the permission of the Court
248
Failure to obey requisition to fence building or land or prune or cut hedges and trees or lower an enclosing
wall
- do -
- do -
249
Failure to obey requisition to lime wash or otherwise cleanse building Fifty rupees
- do -
250
Failure to obey requisition to execute work or take other action with respect to insanitary buildings One
hundred rupees in the case of building and fifty rupees in the case of hut
- do –
251
(2)
Using or allowing the use of buildings unfit for human habitation after prohibition Twenty rupees each day
- do -
251
(4)
Failure to obey requisition to demolish the same
- do -
- do -
252
(1)
Allowing overcrowding in building after order to abate the same Ten rupees for each day
- do -
252
(4)
Failure to obey requisition to vacate over-crowded building or room
- do -
- do -
253
Feeding animals on filth Fifty rupees
- do –
254
Unlawful keeping of animals so as to be a nuisance or dangerous Ten rupees
- do -
260
Use of place as stable, cattle stand etc., without licence or contrary to licence Fifty rupees Compoundable
261
Construction or maintenance of stable, cattle-shed, etc., contrary to Act, or subsidiary legislation
- do -
- do -
262
Use of place as stable, cattle shed, etc., contrary to notice issued by Commissioner Two hundred rupees
- do -
263
(1)
Using a place for any of the purposes specified in Sche-dule-IV without licence or contrary to licence One
hundred rupees
- do -
264
Unlawful erection of factory, workship, etc.
Five thousand rupees
Compoundable
265
Using steam-whistles, etc., without or in contravention of the permission of council Ten rupees for each
day
- do -
266
Disobedience of orders regarding abatement of nuisance
One hundred rupees
Compoundable with the permission of the Court
272
Use of place as slaughter house without icence or contrary to licence Two hundred rupees
Compoundable
273
Slaughter of animals for sale or food or skinning or cutting up carcasses of drying skin so as to cause a
nuisance Twenty rupees for every animal carcass or skin Compoundable with the permission of the Court
275
Carrying on milk trade without licence or contrary to licence Fifty rupees Compoundable
276
Obstructing a person in the use of a public market One hundred rupees
- do -
278
Sale or exposure for sale in public market of animal or article without licence or contrary to licence Twenty
rupees
- do –
279
Opening or keeping open private market wihtout licence or contrary to licence Five hundred rupees
- do -
281
Sale or exposure for sale of animal or article in unlicen sed private Twenty rupees Compoundable
282
Failure to obey direction to construct approaches, drains, etc., to private markets or to pave them, etc. Fifty
rupees
- do -
283
(2) Opening or keeping open of private market after suspension or refusal of licence for default to carry out
works Twenty rupees for each day Compoundable with the permission of the Court
284
Nuisance in private markets Twenty rupees Compoundable
288
Carrying on butcher's, fish monger's or poulterer's trade without licence, etc. One hundred rupees
- do -
289
Sale or exposure for sale of animal or article in public street Ten rupees Compoundable with the permission
of the Court
292
Using a public place or the sides of a public street as public landing place, etc. Two hundred rupees
Compoundable
295
Preventing the Commissioner or any person authorised by him from exercising his powers of entry etc.
Fifty rupees
- do -
297 Removing or in any way interfering with an animal or artilce secured under Section 296 Five hundred
rupees
- do -
301
(1) Opening, etc., without licence, a place for the disposal of the dead One hundred rupees
- do -
303
(2) Use or allowance to use of burial or burning ground which has not been registered, licensed or provided
- do -
- do -
304
Failure to give information of burials or burnings in burial or burning ground Twenty rupees
- do –
305
(3) Burial or burning in a place after prohibition One hundred rupees
- do -
306
Offences in respect of corpses Fifty rupees Compoundable
307
Discharge of office of grave digger or attendant at place for disposal of dead without licence Five rupees
- do -
310
Wilful failure of medical practitioner or owner to give information of existence of infectious disease in
private or public dwelling Fifty rupees Compoundable
312
Failure to obey requisition to cleanse or disinfect buildings or articles
- do -
Compoundable with the permission of the Court
313
(3)
Washing of infected artilces at unauthorised places Fifty rupees
- do -
314
Giving, lending etc., of infected articles
- do -
- do -
315
Using water after prohibition
- do -
- do -
317
Infected person carrying on occupation
- do -
- do -
318
(1)
Travelling of infected person in public conveyance without taking proper precautions against spread of
disease
- do -
- do -
318
(2) Entry of infected person into public conveyance without notifying the fact of infection Fifty rupees
- do –
318
(3) Carrying infected person in public conveyance
- do -
- do -
319
Letting or sub-letting of infected building without previous disinfection etc. Two hundred rupees
- do -
320
Failure to close place of public entertainment
- do -
- do -
321
Sending infected child to school Fifty rupees Compoundable
323
Failure to give information of small-pox
- do -
- do -
344
(9) Failure to produce licence on request Five rupees Compoundable
348
Failure to obey summons Fifty rupees
- do –
355
(1) Failure of occupier to obey requisition to permit owner to comply with provisions of Act Fifty rupees
for each day Compoundable with the permission of the Court
382
Obstructing or molesting council, etc. Fifty rupees Compoundable
383
Removing mark set up for indicating level, etc.
- do -
- do -
384
Removal, etc., of notice exhibited by or under orders of the council
- do -
- do -
385
Unlawful removal of earth, sand or other material from land vested in the council or deposit of matter or
encroachment in or on river, estuary etc. Twenty rupees Compoundable with the permission of the Court
Rule
50 of
Sch.II
Failure to obey requisition by auditors to attend, give evidence or produce documents Fifty rupees
Compoundable
SCHEDULE 7 Penalties for continuing Breaches
SCHEDULE - VIISCHEDULE - VII
Penalties for continuing Breaches
[Section 336]
--------------------------------------------------------------------------------
Section or Rule Sub-section or Clause Subject Fine which may be imposed
--------------------------------------------------------------------------------
(1)
(2)
(3)
(4)
--------------------------------------------------------------------------------
139.
--
Failure to maintain connections in conformity with bye-laws and regulations Five rupees
140
(2) Failure to obey requisition to make connection Five rupees
149
--
Failure to maintain house drains, etc., in conformity with bye-laws and regulations Ten rupees
150
(2)&(3)
Failure to obey requisition as to house drainage
- do -
155
--
Failure to obey requisition to maintain troughs and pipes for catching water etc., from roof or other part of
building Ten rupees
157
--
Failure to obey requisition to provide latrine or to remove latrine to another site and failure to keep latrines
clean and in proper order
- do -
158
--
Failure to provide latrines for premises used by large numbers of people or to keep them clean and in
proper order Twenty rupees
159
Failure to obey requisition to provide latrines for market, cattle-stand or cart-stand or to keep them clean
and in proper order
- do -
176
--
Building within street alignment One hundred rupees
184
--
Failure to provide roads, etc., on building sites prior to disposal Five rupees
192
--
Failure to remove permanent encroachment Ten rupees
193
--
Failure to remove temporary encroachment Five rupees
197
--
Unlawful making of hole or placing of obstruction in street Ten rupees
198
--
Construction of building without licence
- do –
206
(1) Failure to obey requisition to round or splay off buildings at corners of street Fifty rupees
207
--
Construction of external roofs, etc., with inflammable materials. Ten rupees
226
--
Failure to keep external walls of premises in proper repair
- do -
233
--
Failure to obey requisition to repair, etc., tank or other place dangerous to passers-by or persons living in
neighbourhood
- do -
234
--
Failure to obey requisition to stop dangerous quarrying
- do -
235
--
Failure to obey notice regarding precautions against fire
- do -
237
--
Failure to obey requisition to fill up etc., tank or well or to drain off water Ten Rupees
239
--
Failure to obey requisition to clearn, or close, etc., tank, well, etc., or other source of water used for
drinking
- do -
246
--
Failure to obey requisition to enclose, clear or cleanse untenanted premises
- do -
247
--
Failure to obey requisition to clear or cleanse, etc., building or land in filthy state or overgrown with
noxious vegetation
- do -
248
--
Failure to obey requisition to fence building or land, or prune or cut hedges and trees or lower an enclosing
wall
- do -
249
--
Failure to obey requisition to limewash or otherwise cleanse building Fifty rupees
250
--
Failure to obey requisition to execute work or take other action with respect to insanitary buildings Ten
rupees in the case of building and five rupees in the case of hut
254
--
Unlawful keeping of animal so as to be a nuisance or dangerous Five rupees
260
--
Use of place as stable cattle stand, etc., without licence or contrary to licence Ten rupees
261
--
Construction of maintenance of stable, cattle-shed, etc., contrary to Act or subsidiary legislation
- do -
262
--
Use of place as stable, cattle-shed, etc, contrary to notice issued by Commissioner Fifty rupees
263
(1) Using a place for any of the purposes specified in Schedule IV without licence or contrary to licence
Twenty rupees
264
--
Unlawful erection of factory, workshop etc. One hundred rupees
266
--
Disobedience of order regarding abatement of nuisance
- do -
272
--
Use of place as slaughter-house without licence or contrary to licence Fifty rupees
275
--
Carrying on milk trade without licence or contrary to licence Five rupees
279
--
Opening or keeping open private market without licence or contrary to licence One hundred rupees
281
--
Sale or exposure for sale of animal or articles in unlicenced private market Twenty rupees
288
--
Carrying on butcher's, fishmonger's or poulterer's trade without licence etc. Ten rupees
292
--
Using a public place or the sides of a public street as a public landing place, etc. Twenty rupees
301
--
Using without licence a place for the diposal of the dead One hundred rupees
312
--
Failure to obey requisition to cleanse or disinfect buildings or articles Ten rupees
320
--
Failure to close place of public entertainment One hundred rupees
Rule 59 of Sch.II
--
Failure to obey requisition by auditors to attend, give evidence or produce documents Twenty five rupees
--------------------------------------------------------------------------------
SCHEDULE 8 SCHEDULE 8
SCHEDULE - VIIISCHEDULE - VIII
[Section 123]
Part A
List of Municipalities in the Andhra area constituted prior to the 1st April, 1961 for which compensation
towards loss of income from tolls or vehicle tax or both is payable
--------------------------------------------------------------------------------
Sl.No.
Name of the Municipality Amount of compensation payable
--------------------------------------------------------------------------------
(1)
(2)
(3)
--------------------------------------------------------------------------------
1. Anantapur
7,000
2. Hindupur
14,000
3. Tadpatri
9,000
4. Adoni
17,000
5. Chittoor
19,000
6. Tirupathi
5,000
7. Cuddapah
14,000
8. Proddatur
17,000
9. Srikakulam
12,000
10. Kakinada
34,000
11. Peddapuram
15,000
12. Rajahmundry
26,000
13. Chirala
12,000
14. Guntur
46,000
15. Narasaraopet
11,000
*[Rajahmundry and Guntur are now Corporations under separate Acts]
16. Ongole
6,000
17. Tenali
17,000
18. Vijayawada
25,000
19. Eluru
39,000
20. Machilipatnam
28,000
21. Palacole
32,000
22. Kurnool
22,000
23. Nandyal
33,000
24. Nellore
25,000
25. Anakapalli
25,000
26. Bheemunipatnam
18,000
27. Visakhapatnam
24,000
28. Vijianagaram
40,000
29. Gudivada
18,667
30. Guntakal
8,000
31. Amalapuram
17,000
32. Gudur
4,000
33. Bhimavaram
985
34. Bapatla
6,742
35. Salur
5,700
--------------------------------------------------------------------------------
*[Vijayawada and Visakhapatnam are now Corporations under separate Acts.]
Part - B
List of Municipalities in Telangana Area Constituted prior to the 1st April, 1961 for which Compensation
towards loss of income from tolls on animals and vehicles is payable
--------------------------------------------------------------------------------
Sl.No.
Name of the Municipality Amount of compensation payable
--------------------------------------------------------------------------------
(1)
(2)
(3)
--------------------------------------------------------------------------------
Rs.
1. Tandur
15,260
2. Mahabubnagar
50,500
3. Narayanpet
9,045
4. Gadwal
7,550
5. Nalgonda
13,665
6. Bhongir
23,000
7. Suryapeta
34,140
8. Warangal
55,680
9. Jangaon
9,660
10. Khammam
22,565
11. Karimnagar
22,050,
12. Jagtial
10,970
13. Adilabad
22,170
14. Nirmal
15,570
15. Mancherial
17,870
16. Bhainsa
13,485
17. Nizamabad
66,160
18. Bodhan
45,000
19. Siddipeta
15,000
20. Medak
12,085
21. Sangareddy
10,790
22. Sadasivapeta
46,065
23. Zahirabad
30,810
--------------------------------------------------------------------------------
Part - C
List of Municipalities in the Andhra Area for which compensation towards loss of income from fees or
licences granted to motor vehicles is payable
--------------------------------------------------------------------------------
Name of the Municipality Amount payable
--------------------------------------------------------------------------------
(1)
(2)
--------------------------------------------------------------------------------
Srikakulam and Visakhapatnam Districts
Salur
290,
Srikakulam
818
Vizianagaram
2,041
Bheemunipatnam
1,057
*Visakhapatnam
1,673
Anakapalle
1,071
East Godavari District
Kakinada
2,194
Peddapuram
677
*Rajahmundry
2,327
Amalapuram
1,800
West Godavari District
Palacole
1,697
Eluru
3,216
Bhimavaram
1,386
Krishna District
*Vijayawada
4.421
Machilipatnam
4,034
Gudivada
3,379
Guntur District
*Guntur
4,787
Narasaraopet
1,863
Tenali
1,157
Bapatla
658
Prakasam District
Chirala
1,171
Ongole
1,169
Nellore District
Nellore
2,158
Gudur
450
Chittoor District
Tirupathi
972
Chittoor
2,879
Cuddapah District
Cuddapah
2,230,
Proddatur
1,056
Kurnool District
*Kurnool
1,245
Adoni
712
Nandyal
1,816
Anantapur District
Guntakal
550
Anantapur
2,242
Tadpatri
475
Hindupur
1,190
--------------------------------------------------------------------------------
TOTAL
60,864
--------------------------------------------------------------------------------
(Rupees Sixty thousand eight hundred and sixty four only)
SCHEDULE 9 Transitional Provisions
SCHEDULE IX SCHEDULE IX
Transitional Provisions
[Section 389]
1. Definitions :- In these rules, unless the context otherwise requires--
(a) "Andhra Municipalities Act" means the Andhra Pradesh (Andhra Area) Municipalities Act, 1920 (Act V
of 1920), and "Hyderabad Municipalities Act" means the Andhra Pradesh (Telangana Area) District
Municipalities Act, 1956 (Act XVIII of 1956);
(b) "council" means--
(i) a municipal council constituted or deemed to have been constituted under the Andhra Municipalities
Act; or
(ii) a municipal committee constituted or deemed to have been constituted for a city municipality under the
Hyderabad Municipalities Act; and in existence at the commencement of this Act;
(c) "member" means a member of the council;
(d) "Chairperson" includes the president; and "vice-chairperson" includes the vice-president of the
municipal committee of a city municipality referred to in sub-clause (ii) of clause (b).
2. Existing municipalities and city municipalities to be deemed municipalities :- (1) Every local area which
at the commencement of this Act is municipality under the Andhra Municipalities Act or a city
municipality under the Hyderabad Municipalities Act shall be deemed to have been declared a municipality
under this Act.
(2) Every council in existence at the commencement of this Act shall be deemed to be a council constituted
under this Act.
3. Total number of Members of municipalities :- (1) Notwithstanding anything in this Act, the total number
of the Members of a council that is deemed to have been constituted under sub-rule (2) of Rule 2 shall,
until the first reconstitution of the council under this Act, be of the same number as that of the council at
the commencement, of this Act and on such commencement, the ex-officio Members specified in sub-
section (2) of Section 5 and the alderman when elected under Section 9, shall also be the members of the
council.
(2) Where, in the case of any council as deemed to have been so constituted, the total number of members
thereof exceeds the total number of Members notified for the council under sub-section (1) of Section 5, the
Director of Municipal Administration shall, subject to such directions as the Government may give in this
behalf, declare by a notification to which of the members holding office on the date of commencement of
this Act shall be deemed to be in excess.
(3) Any vacancy in the office of Member so declared to be in excess shall not be filled.
4. Members holding office at the commencement of this Act to be deemed to be elected Members under
this Act :- (1) The members of a council holding office at the commencement of this Act shall be deemed
to have been elected as members of that council under this Act, and they shall subject to the provisions of
Sections 16 and 19, continue to hold office—
(i) if the date on which the members elected at the last ordinary elections came into office falls on the first
day of July, for a period of five years commencing on and from such date; and
(ii) if such date falls on a day other than the 1st day of July, upto noon on the 1st day of July immediately
preceding the expiration of a period of five years from such date:
Provided that the members of a municipal committee constituted for a city municipality under the
Hyderabad Municipalities Act holding office at the commencement of this Act shall, subject to the
provisions of Sections 16 and 19, continue to hold the office of members until the expiration of their term
or extended term of office as determined under the provisions which were applicable to them immediately
before such commencement.
(2) Where the date of expiration of the term or extended term of office of the members of a council,
determined under sub-rule (1) fell before the date of commencement of this Act or falls within a period of
three months after that date or where in the opinion of the Government, there is any difficulty in precisely
fixing such date, the Government may from time to time, fix a date upto noon on which the term of office
of such Members shall be extended.
(3) The Government shall arrange to have the council reconstituted by election under this Act, before the
date of the expiration of the term of office of the Members determined under sub-rule (1) or fixed under
sub-rule (2), so that the newly elected members may enter office at noon no the date of expiration of such
term of office.
(4) Where the date on which the newly elected members so enter office falls--
(a) on the 1st day of July, they shall hold office for a period of five years from noon on the 1st day of July
aforesaid, that is, upto noon on the 1st day of July on which a period of five years will expire; and
(b) on a date other than the 1st day of July, they shall hold office upto noon on the 1st day of July
immediately preceding the expiration of a period of five years from such date.
5. Existing wards to continue :- Any division of the municipality into wards, made or deemed to have been
made, under the Andhra Municipalities Act or the Hyderabad Municipalities Act and in force at the
commencement of this Act. shall be deemed to be the division of the municipality into wards made under
this Act; and the members representing wards shall, subject to the provisions of Rule 4, be deemed to
represent them on and from the commencement of this Act:
Provided that where the municipality had not been divided into wards before the commencement of this
Act, or where the division into wards in force in the municipality needs, in the opinion of the Government,
to be revised to bring it in accordance with the provisions of this Act, the Government shall, by notification
in Andhra Pradesh Gazette, divide the municipality into wards and determine the ward which each of the
members including the Chairperson or Vice-chairperson shall be deemed to represent; and the if there is
any causal vacancy in the office of any member of the council immediately before the commencement of
this Act, the said notification shall determine to which of the wards the vacancy shall be assigned.
Explanation :- The expression `ward' in relation to a "city municipality" means a constituency.
6. Reservation of seats to continue in the case of Schedule Castes and Scheduled Tribes :- The reservation
of seats for the members of the Scheduled Castes or Scheduled Tribes or both made under the Andhra
Municipalities Act or Hyderabad Municipalities Act, and in force at the commencement of this Act, shall
be deemed to have been made under this Act.
7. Filling up of casual vacancies :- Any casual vacancy in the office of Chairperson, Vice-chairperson or
member, which is in existence at the date of commencement of this Act or which may occur thereafter but
prior to the first reconstitution of the council by election under this Act, shall, subject to sub-rule (3) of
Rule 3, be filled by casual election held under this Act and the term of office of the Chairperson, Vice-
chairperson or member elected at such casual election, shall expire on the date on which his predecessor in
whose place he is so elected, would have vacated office under this Act.
8. Appointment of Special Officer when term of members exceeds five years on the commencement of this
Act :- (1) Where the members of a council have been in office for more than five years on the
commencement of this Act, the Government may, for reasons to be recorded, appoint a Special Officer for
such council to exercise the powers and perform the functions of the council and its Chairperson and the
Commissioner and the provisions of Section 7 shall apply to such to case.
(2) On the appointment of such Special Officer all the members of the council including its Chairperson
and Vice-chairperson shall vacate office.
9. Reconstitution of council dissolved or superseded before the commencement of this Act :- Any council
dissolved or superseded under the Andhra Municipalities Act or the Hyderabad Municipalities Act and
awaiting reconstitution at the commencement of this Act shall be reconstituted in accordance with the
provisions of this Act.
10. Constitution of councils for local areas notified before the commencement of this Act :- Where, before
the commencement of this Act, any local area was notified under the Andhra Municipalities Act or the
Hyderabad Municipalities Act for constituting a council, but no council was constituted, the Special Officer
appointed, if any, therefor, shall be deemed to have been appointed under this Act and the provisions of
Section 7 shall apply to such a case. Where no such special Officer was appointed, a Special Officer shall
be appointed for such a local area as if it has been notified under this Act on the date of the commencement
of this Act.
11. Devolution of property, rights and liabilities :- (1) All property, all rights of whatever kind, used,
enjoyed or possessed by, and all interests of whatever kind owned by or vested in or held in trust by or for
any council as sell as all liabilities legally subsisting against it shall, on and from the date commencement
of this Act and subject to such directions as the Government may by general or special order, give in this
behalf, pass to such council as shall be deemed to be constituted under this Act.
(2) All arrears of taxes or other payment by way of composition for a tax or due for expenses or
compensation or otherwise due to a council at the commencement of this Act may be recovered as if they
had accrued under this Act.
(3) All proceedings taken by or against any council or other authority or any person under the Andhra
Municipalities Act or the Hyderabad Municipalities Act may, in so far as they are not inconsistent with this
Act, be continued by or against such council, authority or person under this act.
12. Levy of taxes etc. :- An tax, cess or fee which was being lawfully levied by or on behalf of any council
at the commencement of this Act and which may be lawfully levied under this Act, shall notwithstanding
any change in the method or manner of assessment of levy of such tax, cess or fee be levied by or on behalf
of the council at such rate as may be prevailing at such commencement or at such other rate as may be
determined by the council from time to time, by a resolution for the year in which this Act is brought into
force, and unless the Government by general or special order otherwise direct, for subsequent years also;
Provided that the levy of such tax, cess or fee shall be applicable, in respect of every local area or any
portion thereof, included in a municipality by virtue of notification under Section 3, and in respect of any
building newly constructed within a municipality after the commencement of this Act.
13. Action taken under Andhra Municipalities Act or Hyderabad Municipalities Act to continue:- Any
action taken under the Andhra Municipalities Act or the Hyderabad Municipalities Act by any authority
before the commencement of this Act, shall, unless inconsistent with this Act, be deemed to have been
taken by the authority competent to take such action under this Act unless superseded by action taken by
such authority. Whether it be the same as the authority competent to take such action under the Andhra
Municipalities Act or the Hyderabad Municipalities Act or not.
14. Removal of difficulty :- If any difficulty arises in giving effect to the provisions of these rules, the
Government, as occasion may require, may, by notification in the Andhra Pradesh Gazette do anything
which appears to them to be necessary for the purpose of removing the difficulty.
RULE:
ANDHRA PRADESH MUNICIPALITIES (ALTERATION OF OWNERSHIP OF PROPERTY IN
ASSESSMENT BOOKS) RULES, 1966
In exercise of the powers conferred by sub-section (1) of Section 326 of the Andhra Pradesh Municipalities
Act, 1965 (Act 6 of 1965), the Governor of Andhra pradesh hereby makes the following rules relating to
the transfer of registry of ownership of property in the assessment books of a Municipality the same having
been published at pages 270-272 of Rules Supplement to Part I of the Andhra Pradesh Gazette, dated 9th
June, 1966, as required under Clause (a) and (b) of sub-section (1) of Section 327 of the said Act.
Rule 1 Rules
These rules may be called the Andhra Pradesh Municipalities (Alteration of Ownership of Property in
Assessment books) Rules, 1966.
Rule 2 Rule
The entries relating to ownership of property shall be altered by the Commissioner in the assessment books
on the application of any person whether at a general revision or between one general revision and another.
Rule 3 Transfers by voluntary action of owner
In case of absolute transfer of title, the entries relating to property in the assessment books may be altered
in accordance with application made in this behalf by either or both the parties to the transfer. Every
application for alterations of entries shall be made in writing and signed by the person or persons making it.
It may be sent by post or presented in person or by duly authorised agent, or through an officer of the
Registration Department. Where such an application is presented by both the parties to the transfer and one
of them is the owner whose name appears in the assessment book, change of registry entries as requested
may be ordered at once. But where only one of the parties to the transfer makes the application, notice shall
be served on the other party. Where the said owner is not a party to the transfer, notice shall also be issued
to him whether the application for alteration of entries in the assessment book is presented by both the
parties or one of them. If the said owner objects to the proposed alterations, no alterations shall be made
unless the person who claims to be the owner produces the document whereby the ownership of the
property has been transferred to him. Where only one party to the transfer applies and the other either
objects or is silent, the parties should produce relevant documents in support of their claims. In the absence
of any such documents the claims should be established by secondary evidence, such as statements of
respectable persons and tax receipts. A month's time shall be allowed for filling objections; and, if any
objection is made, an enquiry shall not be held and unless the objection is found to be valid, entries in the
assessment book shall be not altered.
Rule 4 Transfer to decree-holder
In a case of transfer of title of property in the name of decree-holder with reference to a decree of a civil
court or of purchaser in auction-sale held in execution of a court decree, alteration in the assessment books
may be made at once on the application of any of the parties to the suit or of the auction purchaser and on
the production of an authenticated copy of the decree or a certificate of sale as the case may be, and a
certificate of delivery of possession in pursuance thereof; provided that the transfer is from the owner,
whose name appears in the assessment books. Where the transfer is made by an owner whose name does
not appear in the assessment books notice shall be given to such owner in the manner provided in Rule 3
before alteration is made in the assessment books. Where, however, a certificate of delivery of possession
cannot be produced, as for instance, where on decree passed, possession is ceded without execution
proceedings and the decree is apparently final, the entries in the assessment books shall be altered as
provided in Rule 3.
Rule 5 Transfer under declaratory decree
Where an application is made for alteration in the assessment book under declaratory decree which merely
declares the title to be vested in a particular person and on which no execution can be taken so as to entitle
him to alter the entries in his favour, the Commissioner may on the production of an authenticated copy of
such decree, at once make such alterations.
Rule 6 Transfers which accrue by succession
The Commissioner may, on satisfactory proof, order alterations in the entries in the assessment book in the
case of transfers accruing by succession.
Rule 7 Rule
An appeal shall lie to the Council against the order of the Commissioner making or refusing to make
alterations in the entries in the assessment books. Such appeal shall be presented within thirty days after the
note of receipt of the order appealed against.
ANDHRA PRADESH MUNICIPALITIES (COLLECTION OF TAXES) RULES, 1965
In exercise of the powers conferred by Sub-section (1) of Section 326 of the Andhra Pradesh Municipalities
Act, 1965 (Act 6 of 1965) the Governor of Andhra Pradesh hereby makes the following rules for the
collection of taxes by the Municipal Councils, the same having been previously published at pages 85-89 of
Rules Supplement to Part I of the Andhra Pradesh Gazette, dated 29th April, 1965 as required under
Clauses (a) and (b) of sub-section (1) of Section 327 of the said Act.
Rule 1
These rules may be called the Andhra Pradesh Municipalities (Collection of Taxes) Rules, 1965.
Rule 2 Demand Register
A separate demand register shall be maintained for each of the following taxes in such form as may be laid
down by the Government from time to time.
(1) Property tax comprising of :
(a) the tax for general purposes;
(b) water and drainage taxes;
(c) lighting tax;
(d) scavenging tax;
(e) library cess levied under the Andhra Pradesh Public Libraries Act, 1960;
(f) education; and
(g) surcharge leviable under the Andhra Pradesh Urban Areas Surcharge on Property Tax Act, 1958.
(2) Profession tax.
(3) Tax on carriages and carts.
(4) Tax on animals.
(5) Advertisement tax.
Rule 3 Mutation Register
A Mutation Register intended to show all permanent changes made during the course of a year, either by
the Commissioner, Appellate Commissioner or by the Council in the Assessment of the property taxes after
the demand registers for the taxes concerned have been written up for the year, shall be maintained by the
Municipal Council in such form as may be laid down by the Government from time to time.
Rule 4 Arrear demand Register
The balances outstanding at the end of the year in all the demand registers and lists except the
miscellaneous demand register shall be transferred to a register called the arrear demand register which
shall be maintained in such form as may be laid down by the Government from time to time. Arrears of
items shown in the miscellaneous demand register shall be transferred to the neXt year's miscellaneous
demand register.
Rule 5 Verification of Arrears
As soon as the arrears under each class of tax have been entered in the arrear demand register and the totals
tallied with those of the demand registers, the Revenue Officer, or where there is no such officer, the
Commissioner shall satisfy himself that the corresponding bill receipts and if warrants have been issued,
the warrant receipts are forthcoming in the case of all outstanding items of taxes which are collected by
means of bill receipts. The Revenue officer or the Commissioner, as the case may be, shall record a
certificate, of having so satisfied himself, in the arrear demand register. If either the bill receipt or the
warrant receipt or both are missing, the amount specified in the bill receipts, as the case may be shall be
recoverable from the party responsible for the loss.
Rule 6 Collection
As soon as the demand registers have been completed in accordance with the requirements of Rules 2 to 5,
bill receipts and demand notices of the different kinds of taxes shall be written up in the respective forms
laid down by the Government from time to time. Such bill receipts and demand notices shall bear
consecutive numbers in print and be bound in volumes of limited bill numbers. Care shall be taken to see
that the memoranda attached to the books are written up simultaneously;
Rule 7
After the bill receipts, demand notices and memoranda have been written up they shall be carefully
compared with the demand registers concerned by a responsible official nominated in writing by the
Commissioner and shall be initiated by such official in token of such comparison. A minimum of not less
than, ten per cent of the receipts, demand notice and memoranda shall be test-checked by the Revenue
Officer or the Manager, or of there is no such officer, by any employee entrusted with that duty by the
Commissioner. In the case of bills which have been test-checked the officer or employee test-checking the
same shall be held personally responsible for short collections in consequence of errors. In the case of other
bills, the official or employee comparing the same shall be held personally responsible for such short
collections. The bill shall then be entered in Register of Bills issued which shall be maintained in such form
as may be laid down by the Government from time to time and stamped with in the fascimile signature of
the Commissioner in his presence or under the direct supervision of one of the officers mentioned above.
Rule 8
In the case, however, of additional or supplemental bills or of reduction in the amounts of the original bills
in consequence of an alteration in the demand after their preparation, the bills shall be examined by the
Revenue Officer or the Manager or if there is no such officer by any, employee entrusted with that duty by
the commissioner and the alterations, if any, attested by him in the bills, in the demand notices and in the
memoranda:
Provided that no such alteration shall be made in any bill nor shall a duplicate bill be issued without the
written orders of the Commissioner.
Rule 9
The notice to the occupier of any building or land under Rule 35 of Schedule II to the Act shall be in such
form as may be laid down by the Government from time to time.
Rule 10
The Commissioner shall cause to be maintained in the Revenue branch of his office a "Register of Bills
issued" in such form as may be laid down by the Government from time to time. Separate registers may be
used for each kind of bills or warrants. This register and the bill books shall always be kept under lock and
key in the charge of the Revenue Officer or Manager or if there is no such officer, of the tax clerk.
Rule 11
No amount shall be collected by a bill collector without giving the payer the printed receipt for it duly
signed by him with the date of collection. The Commissioner shall compare in person atleast 5 per cent of
the originals of receipts given to payers in each month besides receipt of all assessments of Rs.500 and
above in the case of selection and special grade municipalities and of Rs.100 in case of other municipalities
with the relevant entries in the demand register concerned. The Commissioner shall record in writing the
details of the receipts so compared by him.
Provided that in the case municipalities where revenue officers are employed, the work of comparing the
receipts and of making a record thereof may be entrusted to such revenue officers;
Provided further that in case it is not found possible to compare any of the receipts in respect of
assessments of and above the monetary limits specified in this rule, the reasons therefor shall be recorded in
writing by the Commissioner or Revenue Officer, as the case may be.
Rule 12
In order to enable the municipal authorities to keep a watch over the progress of collections, demand,
collection and balance statements in such form as may be laid down by the Government from time to time,
shall be prepared every month by the Revenue Officer or if there is no Revenue Officer, by the Manager or
if there is no such officer, by any employee entrusted with that duty by the Commissioner and submitted to
the Council for its information and orders.
Rule 13
(1) Warrants shall be written with reference to the uncollected bills and the necessary details shall be
entered at the same time in a register of warrants which shall be maintained in such form as may be laid
down by the Government from time to time.
(2) When it is decided to issue warrants in respect of the bills in a book, they shall be issued for all the
uncollected bills in that book unless the Commissioner shall, for very exceptional reasons which shall be
recorded decide otherwise in a particular case.
Rule 14
If on the demand of the officer charged with the execution of the warrants, the amount of the tax due and of
the warrants fee is paid by the party, the original bill receipt and the warrant fee receipts shall be delivered
to the party duly receipted and dated the necessary entries made in the memorandum at the beginning of the
bill book, in the counter-foil of the warrant and in the bill collector's collection book.
Rule 15
If the amount of the tax due and the warrant fee are not paid, the officer will make distraint as laid down in
Rule 31(1) of Schedule II to the Act distrained property shall than be immediately be brought to the
municipal record and made over to the store-keeper or other subordinate entrusted with the Custody of such
property. It shall also be recorded at once in a Register of Distrained Property which shall be maintained in
such form as may be laid down by the Government from time to time. Details of Vehicles, animals and
carts seized under Section 112(1) of the Act shall, also, be entered in the register as soon as they are
brought to the Municipal Office.
Rule 16
The sales by public auction of distrained property shall be conducted by the Commissioner or any other
person duly authorised by him in this behalf and every sale shall be recorded in the register of
miscellaneous sales under the initials of the officer conducting the sale.
Rule 17
In the case of prosecutions all taxes due together with the warrant fees shall be noted in a register of
prosecution which shall be maintained in such form as may be laid down by the Government from time to
time and their realisation shall be property watched.
Rule 18
Notices of vacancy under Section 92(4)(a) of the Act shall, immediately on receipt, the numbered serially
and entered in the Register of Vacancy Remissions which shall be maintained in such form as may be laid
down by the Government from time to time and referred to the outdoor officers for verification not only of
the fact of the vacancy but also to which by periodical inspection whether the buildings have been re-
occupied since the delivery of the notices.
Rule 19
Amounts found irrecoverable shall be reported by bill-collectors with their reasons. The Revenue Officer or
the Commissioner shall personally checkup all such cases before they are countersigned by the
Commissioner. Lists of the amounts included in these reports together with the reasons assigned in the
them shall be made at the end of every quarter and submitted to the council for instructions or directions
with regard to the recovery of such arrears.
Rule 20
A register shall be maintained in such form as may be laid down by the Government from time to time for
recording all writes-off and temporary remissions other than those for vacancy.
ANDHRA PRADESH MUNICIPALITIES (MOVING OF RESOLUTIONS AT MEETINGS OF
MUNICIPAL COUNCIL) RULES, 1965
In exercise of the powers conferred by Clause (1) of sub-section (2) of Section 326 read with sub-section(2)
of Section 53 of the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965), the Governor of Andhra
Pradesh hereby makes the following Rules for the moving of resolutions at the meetings of municipal
councils, the same having been previously published at pages 68-70 of Rules Supplement to Part 1 of the
Andhra Pradesh Gazette, dated 22-4-1965 as required by Clauses (a) and (b) of sub-section (1) of Section
327 of the said Act
Rule 1
These rules may be called the Andhra Pradesh Municipalities (Moving of Resolutions at Meetings of
Municipal Councils) Rules, 1968.
Rule 2
In these Rues
(a) `Act' means the Andhra Pradesh Municipalities Act, 19665;
(b) `Chairperson' includes the person for the time being in charge of the office of Chairperson under
Section 50(2) of the Andhra Pradesh Municipalities Act, 1965 and the Vice-Chairperson or Councillor who
presides at the meeting under Section 51 (1) of the said Act; and
(c) `Government' means, unless there is anything repugnant in the subject or context, the Government of
Andhra Pradesh.
Rule 3
A Councillor who wishes to move resolution shall be given ten clear day's notice of his intention to the
Chairperson and such notice shall contain the resolution which he wishes to move; Provided that the
Chairperson may allow a resolution to be entered on the list of business with shorter notice than ten days.
No resolution shall however be admissible which does not comply with the following conditions, namely:-
(a) it shall be clearly and precisely expressed and shall raise a definite issue; and
(b) it shall not contain arguments, inference, ironical expressions or dafamatory statements not shall it refer
to the conduct or character of persons except in their official or public capacity.
Rule 5
The Chairperson shall decide on the admissibility of a resolution, and shall disallow any resolution which,
in his opinion contravenes the provisions of the Act or the rules made thereunder or may lead to unseemly
or communal contraversy and his decision shall be final:
Provided that, if in the opinion of the Chairperson, a resolution relates to a matter which is unconnected
with the municipal administration, but moved in the larger interest of municipality and in keeping with the
declared policies of the Government, he shall refer the resolution to the Government and obtain their orders
as to whether it may be admitted.
Rule 6
A resolution which has been admitted by the Chairperson shall be entered in the list of business in the
notice to be given under Rule 2 of Schedule 1 to the Andhra Pradesh Municipalities Act, 1965.
Rule 8
(1) No speech, except with the permission of the Chairperson shall exceed fifteen minutes in duration-
Provided that the mover of a resolution when moving the same, may speak for thirty minutes.
(1) A member who has moved the resolution may speak by way of reply, but the shall not speak more than
twice Any other member taking part in the discussion shall not speak more than once on the subject.
Rule 9
The discussion of a resolution shall be strictly limited to the subject of the resolution.
Rule 10
When a resolution is under discussion, any member may, subject to Rules 4, 5, 8 and 9, move an
amendment to such resolution.
Rule 11
(1) A member who has moved a resolution or amendment to a resolution shall not withdraw the same
except by leave of the council.
(2) No discussion shall be permitted on a motion for leave to withdraw except with the permission of the
Chairperson.
Rule 12
(1) When an amendment to any resolution is moved, or when two or more such amendments are moved,
the Chairperson shall, before taking the sense of the thereon, state or read to the Council the terms of the
Original Council motion and of the amendment or amendments proposed.
(2) Ordinarily, the Chairperson shall put amendments to vote in the order in which they have been moved
and lastly the original motion if all the amendments are lost. But it shall be in his discretion in any case to
put to vote the original motion an the amendments in such order as he thinks fit.
Rule 13
When any resolution involving several points have been discussed, it shall be in the discretion of the
Chairperson no divide the resolution, and put each or any point, separately to vote as he may thinks fit.
RULES RELATING TO THE MANNER OF PUBLICATION OF NOTIFICATION LEVYING
NEW TAXES AND ENHANCEMENT OF EXISTING TAXES BY THE MUNICIPAL COUNCILS
25th November, 1966
In exercise of the powers conferred by Clause (a) of sub-section (2) of Section 326 read with Section 83 of
the Andhra Pradesh Municipalities Act, 1965 (Act. VI of 1965), the Governor of Andhra Pradesh hereby
makes the following rules relating to the manner of publication of notification levying new taxes and
enhancement of existing taxes by the Municipal Councils) the same having been previously published at
page 74 of Rules Supplement to Part 1 of the Andhra PRadesh Gazette, date 22nd April 1965 as required
under Clauses (a) and (b) of Section 327 of the said Act.
Rule 1
When a Municipal Council determines to levy any tax, the Commissioner shall forthwith publish a
notification in the enclosed form with modifications as the circumstances may demand.
Rule 2
Every notification referred to in Rule 1 shall be published
(a) in the District Gazette, and if there is no District Gazette, in the Andhra Pradesh Gazette;
(b) in atleast one newspaper published in the main language of the district having circulation in the
municipality, on the notice board of the municipal office and in such other places within the municipal
limits as may be specified by the Council any by beat of drum; and
(c) by announcing through microphone wherever it is possible to do so.
SCHEDULE 1 SCHEDULE
SCHEDULE
Property tax:- Under Section 85 of the Andhra Pradesh Municipalities Act, 1965 property tax (on
buildings) will be levied at the rates given below within the Municipal limits with effect from.....................
Taxes levied under graded value basis Property taxes assessed on annual rental value Property taxes
assessed on capital value Property taxes assessed on annual rental value Property taxes assessed on capital
value
Nature of Property tax
The existing rate
The rate of levy w.e.f.
The existing rate
The rate of levy w.e.f.
The existing rate
The rate of levy w.e.f.
The existing rate
The rate of levy w.e.f.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Tax for general purposes
Water Tax
Drainage Tax
Scavenging Tax
Lighting Tax
Education Tax
Vacant Ground Tax :- Under Section 85(3)(a) of the Andhra Pradesh Municipalities Act, 1965 property tax
will be levied at the following rates on all lands which are not used exclusiely for agricultural purposes and
are not occupied by or adjacent and appurtment to buildings from .............................. on yearly basis.
Property taxes assessed on an extent basis Property taxes assessed on capital value
Nature of Property tax
The existing rate
The rate of levy w.e.f.
The existing rate
The rate of levy w.e.f.
(1)
(2)
(3)
(4)
(5)
Tax for general purposes
Water Tax
Drainage Tax
Scavenging Tax
Lighting Tax
Education Tax
Agriculture Land Tax:- As per sanction of Government communicated through their G.O.No. ....................
dated ......................... under Section 85(4) of the Andhra Pradesh Municipalities Act, 1965 Agricultural
Land Tax will be levied yearly at percent of the land revenue payable on agricultural lands within the
Municipality from .........................
Nature of Property tax Existing rate
The rate of levy w.e.f.
(1)
(2)
(3)
Tax for General purposes
Scavenging Tax
Lighting Tax
Education Tax
Animal and Carriage Tax:- Under Section 103 and 113 of the Andhra Pradesh Municipalities Act, 1965,
Taxes on Carriages and Animals will be levied on yearly basis from........................ in .......................
Municipality at the rates shown below;
Tax per year
Sl. No.
Description
Existing
rate
levy
w.e.f.
(1)
(2)
(3)
(4)
Rs. P.
Rs. P.
1. For every four wheeled vehicle with springs or other appliances acting as springs constructed to be
drawn by one or more animals.
2. For every two wheeled vehicle with springs or other appliances acting as springs constructed to be drawn
by one or more animals.
3. For every cycle-rickshaw.
4. For every bicycle or tricycle.
5. For every other vehicle with springs or other applicances acting as springs not being a Child's
parambulator or gocart.
6. For every elephant.
7. For every camel.
8. For every ass.
9. For every dog.
10. For every goat.
11. For every pig.
Car-Tax:- Under Section 103 of the Andhra Pradesh Municipalities Act, 1965, tax on all carriages and carts
will be levied at the rates specified below with effect from ....................................
1. For carts kept or used within the Municipal limits per year.
2. For carts coming from outside and used in Municipal limits.
N.B:- A numbering fee of Rs. ..................... per cart, or carriage shall be charged every year.
Profession Tax:- Under Section 96 of the Andhra Pradesh Municipalities At, 1965, Profession tax will be
levied at the following rates in ...................... Municipal area from ......................... on all persons and
companies exercising a profession, art or calling or transacting business or holding any appointment public
or private or is in receipt of income from investments.
Class and yearly income
Existing
yearly tax
Tax leviable with effect from
Rs.
Rs.
I More than Rs. 30,000
II More than Rs. 26,000 but not more than Rs. 30.000
III More than Rs.24,000 but not more than Rs. 26,000
IV More than Rs.22,000 but not more than Rs. 24,000
V More than Rs.20,000 but not more than Rs. 22,000
VI More than Rs. 18,000 but not more than Rs. 20,000
VII More than Rs. 16,000 but not more than Rs. 18,000
VIII More than Rs. 14,000 but not more than Rs. 16,000
IX More than Rs. 12,000 but not more than Rs. 14,000
X More than Rs. 9,600 but not more than Rs. 12,000
XI More than Rs. 7,200 but not more than Rs. 9,600
XII More than Rs. 6,000 but not more than Rs. 7,200
XIII More than Rs.3,600 but not more than Rs. 6,000
XIV More than Rs. 2,400 but not more than Rs. 3,600
XV More than Rs. 1,200 but not more than Rs. 2,400
Advertisement Tax:- (Here enter the different types and sizes of advertisements mentioned in the rules
relating to advertisements).
ANDHRA PRADESH MUNICIPALITIES (LICENCES FOR PROJECTIONS AND LEASE OF
ROAD SIDES AND STREET MARGINS) RULES, 1969
In exercise of the powers conferred by Clause (a) of sub-section (2) or Section 326 read with sub-section
(5) of Section 193 of the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965), the Governor of
Andhra Pradesh hereby makes the following rules for the exercise of the powers for granting licences and
leases under sub-sections (1) and (3) of Section 193, the same having been previously published at pages
163-166 of the Rules Supplement to Part-1 of the Andhra Pradesh Gazette, dated 8th May, 1969, as
required by Clauses (a) and (b) of sub-section (1) of Section 327 of the said Act
Rule 1
These Rules may be called the Andhra Pradesh Municipalities (Licences for projections and Lease of Road
sides and Street Margins) Rules, 1969.
Rule 2
The Secretary shall require that every application for a licence under sub-section (1) of Section 193 of the
Andhra Pradesh Municipalities Act, 1965, (hereinafter referred to as the Act) shall furnish information as to
the materials of which it is proposed to construct the structure and the period for which a licence is
required.
Rule 3
The Secretary may grant or renew a licence after the application referred to in Rule 2 is received provided
that the projection will not in any way be injurious to public health or cause incovenience to the public or
pedestrian and vehicular traffic for fore-laying the mains for the public utilities (like drainage, sewage and
water supply mains, laying of the Telephone and Electric cable either over the head or below the ground)
and subject to such restrictions and conditions as he may impose.
Rule 4
Licences for the construction of steps or drain coverings necessary for giving access to premises shall be
granted by the Secretary subject to the following further conditions which should be specified in the
licence:
(1)
(i) the steps or slabs over drains shall not project into the street margin/road side beyond the relating wall of
the drain;
(ii) In the case of domestic premises, the slab over the drain shall not be more than:
(a) I metre long where the width of the drain is less than 0.33 metres; and
(b) 1.30 metres long where the width of the drain is 0.33 metres and more and where the basement of the
premises is high, provided that the basement of the premises is high, provided that if wide drains are to be
provided the Secretary shall fix the length of the slab suitable on the merits of each case, subject to a
maximum of 1.60 metres;
(iii) In the case of premises having a compound in front of which vehicular traffic is likely to pass over the
drain, the Secretary shall fix the length of the covering.
(2) Coverings over drains shall be flush with the top of the retaining walls of the drains provided that the
depth of the drains below the coverings is considered sufficient by the Secretary to carry the strom water or
waste water flow. A covering slab may be laid on the top of the retaining walls in rare case where it may be
necessary to do so in order that the water-way of the drain may not be restricted, or in the case where the
licensing authority has no objection provided that a suitable cement concrete ramp is constructed on the
street margin/road side, of the raised slab leading from the level of the top of the slab to the street/road
level.
(3)
(i) the drain covering in the case of premises abutting on the street shall be 0.16 metres to 0.32 metres in
thickness for drain. In the case of premises with a compound in front where heavy vehicular traffic is likely
to pass over the drain, the covering may be granite or reinforced concrete slabs of the following thickness:
Reinforced concrete slab
Granite slab each 1.50 metres wide if no cover over
Over drains 0.50 to 1 metre 0.10 metre to 0.13 metre
Over drains 1.25 to 2 metres 0.50 metre to 0.63 metre
Over drains 2.25 to 3 metres 0.63 metre to 0.75 metre
(iii) In the case of larger drains thickness and the material of the covering shall be such as may be decided
by the Secretary in each case to suit:
(a) the class of stone or other covering material used;
(b) the width of individual slab members carrying the load;
(c) the load concentration expected; and
(d) the depth of fill, if any over the slab.
(4) They shall be liable to be removed at the cost of the licensee whenever necessary, in order that the drain
may be inspected or repaired.
(5) The Secretary shall have an absolute right to remove the encroachment alltogether whenever he thinks
fit without payment of compensation.
(6) The top of the drain covering shall not be used as part of a shop or be otherwise encroached upon.
Rule 5
The District Collector shall have power to order the cancellation of any licence granted under Rules 3 and
4, if in his opinion the licence granted for the projection/erection or structure or encroachment has become
objectionable or if he considers it necessary in the public interest that the projection or election or structure
or encroachment shall be removed and upon such order the Secretary shall promptly cancel the licence and
have projection erection, structure or encroachment removed. In such a case, the party shall not be entitled
to compensation.
Rule 6
It shall be a condition of every licence granted under Rule 3 or Rule 4:
(1) that it shall be liable to be cancelled at any time in the circumstances referred to in Rules 4(5) and 5.
(2) that an annual fee shall, if levied, be paid to the Secretary in advance so long as the licence is in force
and that in default of payment of such fee, the licence is liable to be cancelled.
Rule 7
The lease of any land shall not be granted except upon an application made to the Secretary concerned,
furnishing information as to:-
(a) the extent of the area and the period for which the lease is required:
(b) the use proposed to be made of the land;
(c) in case, any structure is to be erected on the land, the materials to be used in the erection of such
structure; such as palmyrah or coconut leaves bamboo or other matting or gunny cloth or other similar
materials.
Rule 8
(1) No lease or road-side or street margin shall be granted by the Municipal Commissioner for
(a) temporary occupation for a period exceeding thirty days in all;
(b) agricultural purpose; and
(c) commercial purpose not connected with any local fair or, festival or any other public function.
(2) No lease of road-side or street margin shall be granted by the Municipal Commissioner unless the rent
due is paid in advance.
(3) No lease shall be renewed if the period of occupation exceeds thirty in all.
Rule 9
Every lease granted under these rules shall expressly provide that the lease is liable to be terminated at any
time within the period of the lease without payment of compensation or refund of the rent paid already to
the leases, if the Secretary considers that the projection, construction or occupation is likely to be injurious
to health or cause public inconvenience or otherwise materially interfere with the use of the road as such or
that it is used for another purpose.
ANDHRA PRADESH MUNICIPALITIES (CENTRAL GOVERNMENT BUILDINGS) RULES,
1965
30th December, 1965
In exercise of the powers conferred by Sub-section (1) of the Section 326 of Andhra Pradesh Municipalities
Act, 1965 (Act 6 of 1965), the Government of Andhra Pradesh hereby makes the following rules for the
Inspection of Central Government Buildings situated in the municipalities in the State, the same having
been previously published at pages 149-151 of Rules Supplement to Part I of the Andhra Pradesh Gazette,
dated 1st July, 1965 as required under Clauses (a) and (b) of sub-section (1) of Section 327 of the said Act.
Rule 1
These rules may be called the Andhra Pradesh Municipalities (Central Government Buildings) Rules, 1965.
Rule 2
Whenever the concerned authority of the Central Government contemplates to erect or re-erect, constructs
or make material structural alteration of any building specified in Section 259(2) of the Andhra Pradesh
Municipalities Act, 1965 (hereinafter referred to as the Act) (not being a building connected with defence,
or a building the plan or construction of which ought, in the opinion of the Central Government, to be
treated as confidential or secret), the authority shall
(i) ordinarily give reasonable notice of not less than three months of the proposed work to the municipal
council concerned;
(ii) send along with that notice the plans and site plan connected, with the building clearly indicating the
proposed erection, re-erection, Construction, material or structural alteration, as the case may be; and
(iii) in case it is proposed to deviate from any of the building regulations or from any of the provisions of
the Act or any other law or rules or bye-laws made thereunder regulating the construction of buildings and
development of land within municipal limits, furnish the reasons for such deviations.
Rule 3
(1) Soon after the receipt of notice and the plans mentioned in Rule 2, the Commissioner shall place the
matter before the Executive Committee with remarks of the Town Planning Officer. The Executive
Committee or any person authorised by it in this behalf may inspect the land, building and all plans
connected therewith after intimating the State Government and the concerned authority of the Central
Government of the date and time of such inspection so as to enable the later to be available at the time of
inspection. At the time of inspection a gazetted officer of the municipality or where there is no gazetted
officer, the senior most officer-in-charge of the implementation of building laws shall also be present.
(2) If after such Inspection, the Executive Committee deems fit to make any objections or suggestions with
reference to such erection, re-erection, construction or material structural alteration of the buildings, it may
submit to the State Government a statement in writing of such objections or suggestions with detailed
reasons in support thereof under intimation to concerned authority of the Central Government such
objections or suggestions shall ordinarily be submitted to the State Government within one month from the
date of receipt of the notice from authority of the Central Government under Sub-section (2) of Section 259
of the Act. If no objections or suggestions are made within the said period, or no further time obtained from
the State Government, it shall be presumed that the Executive Committee has no objection or suggestions
to make. If any objections or suggestions are made, the concerned authority of the Central Government
may await the decision of the State Government under Sub-rule (3).
(3) The State Government shall within three months from the date of receipt of such objections or
suggestions from the Executive Committee consider the same and pass orders thereon under Section 259(4)
of the Act after consulting the Director of Town Planning if necessary and the concerned Central
Government authority.
ANDHRA PRADESH MUNICIPALITIES (RESERVATION OF SEATS IN MUNICIPAL
COUNCILS and NAGAR PANCHAYATS) RULES, 1995
ANDHRA PRADESH MUNICIPALITIES (RESERVATION OF SEATS IN MUNICIPAL COUNCILS
and NAGAR PANCHAYATS) RULES, 1995
Rule 1
(i) These Rules may be called the Andhra Pradesh Municipalities (Reservation of Seats in Municipal
Councils and Nagar Panchayats) Rules, 1995.
(ii) These Rules shall apply to all Municipal Councils and Nagar Panchayats in the State and any reference
to a Municipality/Municipal Council wherever they occur in these rules shall apply to Nagar Panchayats
also.
Rule 2
(i) "Act" means the Andhra Pradesh Municipalities Act, 1965;
(ii) "Authority specified" means any Officer or Officers of the Government specified by the Government
delegating their powers for the purpose of fixation of number of reserved seats in municipal councils and
for allocation of reserved seats among wards in Municipal Councils.
Rule 3
After issue of notification by Government under clause (1) of sub-section (2) of Section 5 of the Act or in
respect of Municipalities where the number of members to be elected in each Municipal Council existing at
the commencement of Andhra Pradesh Municipal Laws (Second Amendment) Act, 1994 is continued
under proviso thereof, the Government or Authority Specified shall declare by Notification in the A.P.
Gazette the number of seats reserved in each Municipal Council for Scheduled Tribes, Scheduled Castes,
Backward Classes and Women under Section 8 of the Act.
Rule 4
While determining the number of seats in a Municipality to be reserved in favour of Scheduled Tribes,
Scheduled Castes or Backward Classes as the case may be, in accordance with the provisions of Act any
fraction of less than one-half shall be ignored and any fraction equal to or more than one-half shall be
counted as one:
Provided that where there is a difficulty in reserving seats for one or more categories in a Municipal
Council due to equality in fraction or any other reason, the Government or Authority Specified shall
determine the category to which the seat shall be reserved;
Provided further that where the proportion of the population of the Scheduled Tribes or Scheduled Castes
in a municipality, as the case may be to the total population of the Municipality does not constitute a
required proportion enabling them for Reservation of atleast one seat, there shall be reserved one seat for
these categories without reference to the said proportion.
Rule 5
The number of seats to be reserved for Women (including the number of seats reserved for Women
belonging to Scheduled Tribes, Scheduled Castes or Backward Classes) shall be not less than one-third of
total number of seats in the Municipality and any fraction thereof shall be rounded of to one.
Rule 6
The reservation of seats for various categories shall be made in the order of Scheduled Tribes, Scheduled
Castes or Backward Classes and Women.
Rule 7
The seats reserved for Scheduled Tribes, Scheduled Castes or Backward Classes and Women shall be
allotted by rotation to different wards in a Municipality. *[The reservation of seats shall be started afresh
without any reference to the reservation of the seats made prior to issue of the Andhra Pradesh
Municipalities (Reservation of seats in Municipal Council and Nagar Panchayats) Rules, 1995.] The
Municipal Commissioner shall maintain a Register for this purpose in the form annexed to these Rules.
Rule 8
The reservation of seats for members belonging to Scheduled Tribes, Scheduled Castes and Women in the
Wards of the Municipalities shall be made with reference to the largest percentage of population of the said
category to the total population of the ward in the descending order.
Rule 9
*[After arriving at the wards proposed to be reserved for scheduled Tribes, Scheduled Castes to different
wards in a Municipality the seats to be reserved for Backward Classes in the remaining wards in the
Municipality shall be on rotation basis with reference to the largest percentage of voters of the said
category to the total number of voters of the ward in the Municipality concerned in descending order.]
Rule 10
Not less than one-third of the total number of seats reserved for Scheduled Tribes, Scheduled Castes and
Backward Classes under Section 8 of the Act shall be reserved for women belonging to each of these
categories:
Provided that where only one seat is reserved for Scheduled Tribes, Scheduled Castes in a municipality as
the case may be, then no seat be reserved for women belonging to Scheduled Tribes or Scheduled Castes
and where only two seats are reserved for Scheduled Tribes or Scheduled Castes as the case may be, one of
the two seats shall be reserved for women belonging to Scheduled Tribes, Scheduled Castes; as the case
may be;
Provided further, where more than two seats are reserved for Scheduled Tribes, Scheduled Castes and
Backward Classes as the case may be, not less than one third of such seats shall be reserved for women of
that category and any fraction shall be taken into consideration so as to ensure that not less than one- third
of the total number of seats reserved for the above categories are reserved for women;
Provided also that the sub-reservation of seats for Women belonging to Scheduled Tribes, Scheduled
Castes and Backward Classes as the case may be, shall be made from among the wards reserved for these
categories in which the percentage of population of women is the largest in descending order.
Rule 11
Reservation of remaining seats reserved for Women shall be made from among the wards in which the
percentage of population of women is the largest in descending order.
Rule 12
(1) Before issue of final Notification by the Government or Specified Authority setting apart reserved seats
among wards in Municipalities, a draft Notification shall be sent to the Municipal Council calling for its
views by giving reasonable time.
(2) The Government or the Authority Specified, after considering the views of the Municipal Council, shall
issue final Notification setting apart reserved seats among various wards in the Municipalities and publish
it in the A.P. Gazette and concerned District Gazette also.
ANDHRA PRADESH MUNICIPALITIES (LAYOUT) RULES, 1970
In exercise of the powers conferred by Clause (s) of sub-section (2) of Section 326 read with Section 185 of
the Andhra Pradesh municipalities Act 1965 (Act 6 of 1965), the Governor of Andhra Pradesh hereby
makes the following rules relating to the approval of layouts by municipal councils the same having been
previously published at Pages 105-120 of Rules Supplement to Part 1 of the Andhra Pradesh Gazette, dated
3rd April, 1969, as required under Clauses (a) and (b) of sub-section (1) the said Act.
Rule 1
These rules may be called the Andhra Pradesh Municipalities (Layout) Rules, 1970.
Rule 2
In these rules
(a) "Act" means the Andhra Pradesh Municipalities Act, 1965;
(b) "General Town Planning Scheme" or " Detailed Town Planning Scheme and "Master plan" mean the
General Town Planning scheme or detailed Town Planning Scheme sanctioned under the Andhra Pradesh
(Andhra Area) Town Planning Act, 1920 and the master plan snactioned under Chapter XIV of the Andhra
Pradesh (Telangana Area) District Municipalities Act, 1956 saved by sub-section (2) of Section 391 of the
Act.
(c) "Government" means, the Government of Andhra Pradesh' and
(d) "Section" means, the section of the Act.
Rule 3
Every application under sub-section (1) of Section 185 of the Act, for sanction of a layout and forming a
new private street or road shall be sent to the Municipal Office in the form prescribed in Appendix `A'.
Rule 4
Every such application shall bear the signature of the owner of the land and licensed surveyor and it shall
be affixed with a court fee stamp of the value as may be prescribed by the Government from time to time.
Rule 5 The application shall be accompanied with the following particulars namely
(i) a site plan in quadruplicate which shall also be signed by a licensed surveyor and the owner of the land
down to a scale of not less than 1:1000 on a tracing cloth showing the top details of the land and sanction
layouts if any, within a distance of 100 metres around the proposed site clearly indicating survey numbers
within and around the existing roads in and around the sites, buildings, huts, open spaces, natural water
courses, big trees and permanent fetures which cannot be distrubed normally, and other developments if
any taken place and the streets or roads, giving access to the site and connecting them with any existing
public or private street or road.
(ii) the detailed plans in quadruplicate of the site under reference drawn to a scale not less than (1:500)
accurately drawn and on tracing cloth which shall be in consonance with the particulars mentioned in sub-
section (1) of Section 185 and shall also show:-
(a) the boundaries of the land based on certified survey Records and with survey number indicated;
(b) alignment of the proposed streets;
(c) the proposed with of the streets;
(d) the proposed building lines;
(e) the proposed sizes and number of plots;
(f) places set apart in the layout for the purposes mentioned in Clause (b) of Sub-section (2) of Section 184
and also places set part for other communal and public purposes such as shops, bus- stops and parking
places;
(g) the purposes of utilisation of the plots such as pucca buildings, huts, tenements, detached, semi-
detached, or row houses or for factories, shops; etc.
(h) electric lines (high tension or low tension), water mains and sewers if any, telephone and telegraph
lines, etc., alignment of National and State highways, and major and minor district roads passing through
the land;
(i) the spot levels at intervals of 15 metres for the whole area under reference and also along the existing
road from which access is sought to a length of at least 100 metres; and
(iii) a statement of the arrangements made for the hole area under reference and also along the existing road
from which access is sought to a length of at least 100 metres; and (iii) a non-encumbrance certificate from
the Registration Department for the lands covered by the layout together with a true copy of the title and
attested by the Gazetted officer; and
(v) a receipt of the Municipality showing the amount of non- interest bearing security deposit at the rate of
Rs. 3,000 per sq. metre (total area of land covered by the layout) for the due fulfillment of the obligations
imposed under Section 184 or in lieu of each deposit, a security in the shape of land of such extent
equivalent to the value of cash deposit in the area covered by the layout shall be mortgaged through a
registered mortgage deed in favour of the Municipality or in the form of Bank guarantee equivalent to the
amount of security deposit in the Form prescribed in Appendix "G".
Rule 6
Applications not received in the prescribed form and not accompanied by the documents mentioned in Rule
5 above shall be rejected.
Rule 7
The arrangements to be made for levelling, metalling roads with approaches from the existing public or
private roads under sub-section (1) of Section 185 shall be in conformity with the specifications mentioned
in Appendix `B' to these rules.
Rule 8
The width to the streets and roads in the layout shall conform to the minimum requirements as indicated in
Appendix `C' and also subject to the provisions of the General Town Planning Schemes or the Detailed
Town planning Schemes or both or the Master plans.
Rule 9
(1) A plot intended for residential purposes shall not be less than 200 sq. metres with a minimum width of 9
metres in areas of the Town other than those set apart of
(a) hut areas declared as such under Section 205;
(b) Slum clearance and rehabilitation areas as notified under the Andhra Pradesh Slum Improvements
(Acquisition of Lands) Act, 1956;
(c) areas to be developed by the Government or the Municipality or any other authority authorised by the
Government or the concerned Municipality for housing harijans, persons belonging to weaker sections of
the society, persons engaged in unclean occupations; and
(d) housing for Industrial workers.
(2) A plot intended for residential purposes in areas set apart or proposed by various authorities under
categories (a), (b), (c), and (d) mentioned in sub-rule (1) above shall not be less than 8 Metres x 12 Meters.
(3) The size of the plots for non-residential buildings shall be fixed by the Council in consulation with
Director of Town Planning.
(4) The corner plots at the junction of the roads shall be splayed off with such offset, or rounded off to such
extent as may be made by the Director of Town planning while recommending the proposal under sub-
section (3) of Section 185.
(5) No plot in a layout shall be sub-divided or utilised for any purpose other than the purpose for which the
layout is approved and sanctioned except with the prior approval of Director of Town Planning who will
consider the need and necessity for such sub- division or such other purpose, with due regard to th changes,
taking into consideration the zoning and other land use proposals or regulations.
Rule 10
(1) The area of land required to be set apart under Clause (b) of sub-section (2) of Section 184 shall not be
less than 5% of the gross area covered by the layout with not more than 8 plots per gross hectare over and
above this for the increase of every two plots per gross hectare, the open spaces to be provided shall
increase by one more per cent. [Such open space shall, however, be limited to 10% a maximum,
irrespective of the size of plots when minimum, extent and width safety as per sub-rule (1) of Rule 9].
(2) In case the area, for which a layout is sought for, falls in a Master Plan or in a Town Planning Scheme
and for which a draft scheme is already furnished by the Director of Town Planning or in a sanctioned
Town Planning Scheme or Master Plan, if a portion of his land falls in the area earmarked in such plan for a
common public purpose in the interest of general development of that locality, the owner of such land shall
transfer such percentage of the area of layout as prescribed in sub-rule (1) free of cost to the Municipality.
In other cases i.e., if the area so earmarked in the layout under reference are more than such percentage as
prescribed in sub-rule (1), he shall also transfer the entire area so proposed to be reserved in the layout and
he is entitled to receive compensation at the prevailing market rate from the Municipality for the part of his
site which is in excess of the extent of land which he has to provide as per sub-rule (1).
(3) Irrespective of the fact, whether an area lies in a notified or sanctioned Town Planning Scheme or the
area covered by Master Plan, if the area of land covered by a layout is fairly small say less than half hectare
in extent, the owner in such cases also should set apart and transfer such extent as prescribed under sub-rule
(1) of the total extent to the Municipality. But the Council is at liberty to dispose of such land with the
concurrence of the Director of Town and Country Planning provided it does not form part of compact block
of open space which could be carved out with the neighbouring layout areas to any body at the rate fixed by
the District Collector.
Provided that the rate so fixed by the District Collector shall not be less than the registration rate fixed by
the Registration Department for the said localities and utilise the amount so realised for acquisition and
development of a larger piece of land required for community facilities in the locality as may be decided by
the Council with the approval of the Director of Town and Country Planning.
(4) The Municipality shall not use the lands so transferred for any purpose other than for which it is so
transferred for any purpose other than that for which it is so transferred or shall not utilise the amount for
any other purpose other than the acquisition of the land for the purpose for which it is so transferred.
(5) The land to be set under Clause (b) of sub-section (2) or Section 184 as required by sub-rules (1) and
(3) in respect of the size of the layout not exceeding one hectare may be provided in the areas set apart for
public purpose in the sanctioned General Town Planning Scheme (Master Plan) in the vicinity of the layout
areas as may be decided by the Council with the approval of the Director of Town and Country Planning so
as to secure larger extents of land for public purposes].
Rule 11
The Executive Committee shall within fifteen days of the receipt the application with all the particulars
communicate to the applicant conditions and modifications subject to which the layout will be considered
for approval indicating the estimated cost of development and the amenities.
Rule 12
(1) The applicant shall within ten days after the receipt of communication under Rule II communicate to
the Executive Committee through the Secretary of the Municipality his agreement in the form prescribed in
Appendix `D' execute the works etc, as per specifications referred to in Appendix `B' and as per plans and
drawings enclosed by the Secretary depending upon the nature of soil; or request the Secretary to carry out
the said works on his behalf and deposit the cost thereof on a provisional basis as per the estimates
furnished by the Secretary less the initial deposit already made under Rule 5(v) and also an additional non-
returnable deposit of a sum equivalent to 5% of the provisional estimated cost of works to be executed by
the Municipality at the expense of the applicant towards supervision charges.
(2) If it is not possible for the applicant to deposit the amount referred to above in cash he shall furnish a
guarantee from a Chartered Bank in the form prescribed in Appendix `E' or execute a Registered Mortgage
deed at his cost hypothecating such extent of the land covered by the layout or the number of plots whose
value is not less than the total estimated cost of the work referred to in sub-rule (1) in the form prescribed
in Appendix `F' subject to the condition that any unforeseen expenditure over and above the provisional
estimated cost plus supervision charges is met by the applicant by supplemental deposit to the extent
necessary over and above the initial cash deposit made or a guarantee from a Chartered Bank given already.
Explanation:- The word `unforeseen' includes inter alia, administrative delay in the execution of the works
by the Municipality caused due to reasons beyond its control.
Rule 13
If a reply is not received from the applicant within ten days of the receipt of the communication referred to
in Rule 11 the original application shall be treated as having lapsed and the deposit amount deposited under
Rule (v) shall be refunded after deducting 2 per cent towards cost of scrutiny inspection, etc., on
application made by the applicant.
Rule 14
On fulfilment of the conditions laid down in Section 148 to the entire satisfaction of the Secretary, the
owner of the layout shall within a reasonable period which shall not exceed one year from the date of
communication of the approval of the layout under sub-section (3) of Section 185, of transfer the private
streets or roads along with the lands set apart for parks, play- grounds, educational institutions or for any
other public purposes under Clause (b) of sub-section (2) of Section 184 or under sub-rule (1) of Rule 10 to
the municipality.
APPENDIX A Layout Application
APPENDIX (See Rule 3)
APPENDIX A
(See Rule 3)
Layout Application
(Under sub-section (1) of Section 185 of the Andhra Pradesh Municipalities Act, 1965)
To
The Chairman,
Municipal Council.
Sir,
I/We hereby give you notice that I/We intend to utilise, sell, lease or otherwise dispose of my/our
land/lands or portions or portions of the same bearing S.No. .and having an extent of .sq. meter
in.Street.Division or ward of the (to be deleted wherever necessary) consequent on their conversion into a
building site under Section 184 (1) of the Andhra Pradesh Municipalities Act, 1965 on payment of the
required conversion fee; as site for the construction of buildings for residential or non- residential,
industrial, commercial purposes as indicated hereunder and in accordance with the provisions of Sections
184 and 185 of the Andhra Pradesh Municipalities Act, 1965 and Section 17 of Andhra Pradesh (Andhra
Area) Town Planning Act, 1920 of Section 244 of the Andhra Pradesh (Telangana Area) District
Municipalities Act, 1965 as the case may be.
I/We forward herewith four copies of the site-plans drawn to a scale 1:1,000 and other plans as required
under these rules with all particulars required under the rules.
I/We, enclose,-
(1) A Statement of arrangements made for providing plantation of avenue trees in addition to the
arrangements indicated in the Plan with reference to Clause (c) of sub-section (1) of Section 185 of the
Andhra Pradesh Municipalities Act, 1965.
(2) a non-encumbrance certificate from the Registration Department for the lands covered by the layout
together with a true copy of the title deed attested by a Gazetted Officer.
(3) (i) a municipal treasury receipt for Rs. .being the non-interest bearing security deposit at the rate of Rs.
1.50 per sq. meter as fixed under Rule 5(v) towards fulfilment of the obligations imposed under Section
184 of the Andhra Pradesh Municipalities Act, 1965;
OR
(ii) a mortgage-deed intended in favour of the Municipality hypothecating lands in the layout area of the
value of Rs. .towards security in lieu of cash security and abiding by conditions prescribed in this regard.
I/We, jointly and severally agree to develop the roads to the required standard as per the specification
prescribed by the Municipality and to provide under ground-storm-water drains through proper culverts and
to sewer and light the area and to carry out all the arrangements to the satisfaction of the Secretary to the
Municipality as per the agreement that will be executed by me/us on intimation.
I/We, hereby undertake not to utilise, sell, lease or otherwise dispose of the land as sites for the
construction of residential or non-residential buildings until all the amenities are provided as indicated in
the conditions of the layout either by the Municipality or by me/us as agreed upon through a registered
agreement on stamped paper worth of Rs. 3/-.
I/We, undertake to handover to the Municipality the private streets or roads after developing them to the
prescribed standards and along with the lands set apart for parks and play- grounds, Educational Institutions
or for any other public purpose under Clause (b) of sub-section (2) of Section 184 of the Act.
I/We, agree to the execution of the drainage works (both sewers as well as strom-water) and lighting
arrangements to be carried out by the Municipality at my/our expense and to that extent
I/We agree to deposit with the Municipality before sanction of the layout, the provisionally estimated cost
and meet any unforeseen further expenditure from time to time as may be claimed by the Municipality.
I am/We are prepared to deposit into Municipal Treasury 50 per cent of the estimated cost of other works to
be carried out by me/us, as intimated towards the security deposit (refundable) or prepared to mortgage the
plots of an area of equivalent to the security deposit in favour of the Municipality within 7 days from the
date of receipt of provisionally approved layout, and the amount of entire deposit is refundable to me by the
Secretary of the Municipality, after consulting the Head of the Municipal Engineering Department as to the
satisfactory execution of work to the prescribed standard after deducting 5 per cent from the deposit
towards supervision charges.
I/We request that the proposed layout may be approved and the permission may be accorded at an early
date to enable me/us to proceed with the disposal of lands after the execution of the work as agreed to.
Signature of licensed Surveyor/Architect/Signature of the owners of Land.. Engineer. and address (s)
Owner(s).
Enclosures :-
1. Site-Plan in quadruplicate.
2. Statement of arrangement for avenue trees.
3. Non-encumbrance certificate.
4. Municipal Treasury Challan (or mortgage-deed).
APPENDIX B Specification for water Bound Macadam Road
APPENDIX (See Rule 7)
APPENDIX `B'
(See Rule 7)
Specification for water Bound Macadam Road
The Water bound road shall be formed in the following manner:
After shaping the road bed to the required chamber, if the sub-grade is of hard gravel soil then the metal is
spread in two layers of 11 cms. thick to get a consolidated depth of 15 cm. A power roller of 8 to 10 tonnes
weight is generally to be used. The dry rolling should not be successive so as the cause the crushing of
metal. The rolled surface is then watered moderately, and thoroughly rolled until hard and compact so that
a highly loaded vehicle makes no impression while travelling on it. The screenings from the metal gravel
fine lime stone or kankar then be spread in small quantities uniformly on the surface about 1 cm.in
thickness in total and water and rolled properly. Finally a top dressing of 0.50 cm. thickness of sand is
spread on the surface only and finished of with final rolling. The surface is then kept moist for about two
weeks after opening to traffic.
Scheduled carriage way Widths:- The width of carriage way for one lane of traffic should not be less than 4
meters and for two lanes of traffic not less than 7 meters. Accordingly the carriage way widths are
indicated in the sketch referred to in Appendix `C'.
Raised foot paths on either side of Carriage Way:- It is necessary that the foot path shall be 15 cm. above
the road edge level to provide a measure of protection to the pedastrain from vehicles. There are usually of
available earth and gravelled and well consolidated to the satisfaction of the Secretary.
Kerb stones are structurally necessary to prevent lateral spread of road surface material and preserve the
bearing value of sub-soil by preventing ingress of sewage water. Granite or Cement concrete are usual
materials used for. Granite kerbs one meter long by 30 cm. x 20 cm. are usually adopted and laid flat on
roads carrying light traffic in residential areas where its effect will only to be give appearance to the Street
lines. To be effective and to give lateral support the depth of concrete should be more. The top surfaces
which are exposed should evenly be dressed and tooled. The ends of granite kerbs should be dressed
square. The top surface is tooled down to the slope of the foot path generally. This aids drainage. The storm
water drains culverts, etc., shall be constructed according to the sizes and specifications as may be
prescribed by the Secretary in consultation with the Municipal Engineer.
APPENDIX C APPENDIX C
APPENDIX (See Rule 8)
APPENDIX C
(See Rule 8)
Minimum Permissible length of street
Function of the street
Minimum permissible width of street
Width in between building lines
Width of the splay required at the junction of street
Minimum width of the passing for the carriage way of the street
Remarks
Upto 50
Metres
Minior residential culde-sacstreet (dead) end street with 13 M. 13 M. square space for running of vehicles
at the dead end 8.00
Metres
13.00
Metres
2.00
Metres
4.00
Metres
This type of road can be permitted only at discretion of the Municipality and in consultation with Director
of Town Planning
--------------------------------------------------------------------------------
Upto 250
Metres
Minor residential loop street
10.00
Metres
16.00
Metres
2.00
Metres
6.00
Metres
Total length of loop
street shall not exceed 150 Metres and both the ends of loop street shall join in a street having a width of
not less than 13.00 metres in width
EXPLAINED IN THE DIAGRAM
Up to 600
Metres Residential street
13.00 Metres
19.00 Metres
3.00 Metres
7.00 Metres
Length of the Road
exceeding
600 Metres
Residential Collector Street
18.00 Metres
24.00 Metres
4.50 Metres
11.00 Metres
APPENDIX D Agreement Deed
APPENDIX [See Rule 12 (1)]
APPENDIX `D'
[See Rule 12 (1)]
Agreement Deed
Agreement entered into thisbetween Sri/Smthereinafter called as the first part which term includes heirs
and successors and the idividual member and the Municipal Council (hereinafter called the Council) as the
second part, whereby it is agreed to as follows:-
1. That Sri/Smthas submitted an application under Section 185(1) of the Andhra Pradesh Municipalities
Act, 1965, indicating his/her intention to make layout and from new private streets or roads and dispose of
sites for plotting of the land situated at . under Survey No.
2. Whereupon the council agreed to grant permission for making private streets and roads and sites for
construction of buildings on the aforesaid land with the condition that the cost of entire drainage works,
erection of water supply mains and street lighting, (water bound macadam roads, Table drainage) the
balance of amount, plots of equivalent should be mortgaged at the rate of Rs. . per Sq. meter and the
following amenities i.e., asphalt roads, table drains, street light brackets and avenue plantations should be
completed by Sri/Smt (first part) within one year from the date of sanction of layout as per the
specifications given by the Municipal Council in their proceedings vide letter No. . dated . ...
3. That the part agreeing to the above conditions has deposited cost of drainage and other works amounting
to Rs. under Challan No. . dated .
4. That the first part has mortgaged plots or land bearing No. and measuringcosting Rs. in favour of the
Municipal Council inlieu of the balance of betterment charges for providing water bound macadam roads,
table drains, street light bracket and avenue plantation under a registered mortgage deed No.
5. That the first part only (on behalf of the second part undertakes to provide the amenities such as water
bound macadam road, public drains and street light, water suppply within one year from the date of
sanction of the layout as per the specifications given by the Secretary to the Municipality.
6. The first part do hereby bind himself/themselves to fulfil the above conditions imposed by the Municipal
Council within a period of one year from the date of sanction of layout, failing which the Municipality will
be entitled to withhold the sale of plots and the grant of permission for the construction of house under the
relevant provisions of the Andhra Pradesh (Andhra Area) Public Health Act, 1939, or any other enactment
for the time being in force. In case the party fails to comply with the conditions within the stipulated period
the Municipality is empowered to take action as per Sections 359, 360, 361 of 362 of the Andhra Pradesh
Municipalities Act, 1965 and auction the mortgaged plots or land and get the works completed and recover
from the first part the excess amount, if any that is incurred and required for completing the works in the
layout. The first and his heirs shall not be entitled to raise any objection for such recovery.
In witness whereof party I affix my signature on this day already mentioned in the agreement before the
following:-
Witness:
1.
2. .
Seal
Chairman, Municipal Council.
APPENDIX E Guarantee Deed
APPENDIX [See Rule 12(2)]
APPENDIX `E'
[See Rule 12(2)]
Guarantee Deed
Rule No
Whereas . is/are required to furnish a Bank guarantee to the Chairman, Municipal Council for a sum of Rs.
(Rupees.) as per the orders of the Council sanctioning layout No. dated . in respect of the situated at
I/We hereby undertake to pay to the Chairman the said sum of Rs. (Rupees .) on demand. I/We undertake
not to revoke the guarantee without authority from the Chairman, Municipal Council.
Witness
1.
2.
Signature
Bank .............................
APPENDIX F Deed of Mortgage by Conditional Sale
APPENDIX See Rule 12 (2)]
APPENDIX F
See Rule 12 (2)]
Deed of Mortgage by Conditional Sale
This indenture made this dayof one thousand hundred between Sri. S/o. resident at (hereinafter called the
Mortgagor which expression shall unless excluded by or is repugnant to the subject or context, include his
heirs executors administrators and assigns) of the part, and municipal council called "The Mortgagee"
which expression shall unless excluded by or is repugnant to the subject or context, include his successor in
office and assign of the other part; or context, include his successor in office and assign of the other part:
Whereas the Mortgagor is the absolute and sole beneficial owner and is seized, possessed of or otherwise
well and sufficiently entitled to the land and premises hereinafter described in the schedule hereunder
written and for greater clearance delienated thereon shown with the boundaries thereof cloured and
expressed to be hereby conveyed, transferred and assured (hereinafter referred to as the said mortgaged
property).
And whereas the Mortgagor applied for permission under Section 184 and 185 of the Andhra Pradesh
Municipalities Act, 1965 to make a layout and from a new private street or road and building plots for
residential/non-residential/industrial purposes, and in the land bearing S.Nos. situated at
And whereas the Mortgagee having accepted the same has sanctioned the layout plan/in File No. subject to
the condition that the following works as per specifications appended will be completed by the Mortgagor
within one year from the date of release of the approved layout.
(i) Water bound Macadam roads estimated to cost Rs.
(ii) Planting of of Avenue trees atMeters intervals estimated to cost Rs. .
And whereas Mortgagor according to the terms and conditions of grant has separately credited Rs. .in the
municipal treasury through Challan No. .and dated.towards the following works to be executed by the
Municipality within one year of the date or release of the approved the layout.
(i) Laying of underground sewers along the roads of the layout estimated to cost Rs..
(ii) Laying of storm water drain culverts, etc., along the roads of the layout and construction estimated to
cost Rs. .
(iii) Providing Street lights along the street of the layout at.meters intervals estimated to cost Rs. .
(iv) Provision of water supply estimated cost Rs. ....................... And whereas the Mortgagor having
deposited 50% of the provisionally estimated cost of works mentioned above and to provide complete the
works as started in para 2 with a period of one year from the date of release of the approved layout, in
addition to the lands expressly conveyed, transferred and assured as per the descripution given in the
Schedule towards the balance of 50% of the said estimated cost of the works.
Now this indenture witnesseth as follow:
(i) In pursuance of the rules relating to as the approval of layout (hereinafter referred to as the said rules)
and in consideration of the deposit and hypothecating of the acquired lands by the Mortgagee to the
Mortgagor pursuant to the provisions contained in the said Rules, the Mortgagor doth hereby convenant
with the mortgagee that the Mortgagor shall always duly observe and pereform all the terms and conditions
of the said rules.
(ii) With possession of the lands and the deposit in favour or the mortgagee if the mortgagor completes the
work as stated in para supra to he satisfaction of the Secretary, with the agreed period of one year from the
date of release of the approved layout, the mortgagee shall at the cost of mortgagor be entitled to the
retransfer of the said plots or land to the mortgager without any further liability on the same towards the
execution of works contemplated in para supra.
(iii) It is hereby expressly agreed and declared that if there shall be any breach by the mortgagor of the
convenants it shall be lawfull for the Mortgagee to sell the mortgaged properties or any part thereof in any
manner as to the Mortgagee shall thinkfit and the mortgagor shall forefeit the right of redemption as against
the mortgagee.
(iv)
(a) And it is hereby declared that the mortgagee, shall be free to complete the said works with the amount
so realised and the mortgagor, shall not be entitled to question the unfettered right of the mortgagee in any
court of law.
(b) If the mortgagee has to spend additional amount for execution of the said works over the above the sale
proceeds referred to in the above para it shall be realised from the "mortgagor" or the purchaser of
individual plots in the said layout area in the same manner as property tax and the other plots not covered
by the mortgagee will be under the first charge towards the said excess amount spent by the Municipality.
(c) The mortgagor shall separately convey the private streets and roads with the amenities mentioned in
paras supra and the sites reserved for parks and playgrounds, etc., in the layout areas, to the Municipality
free of encumbrance at his cost within a fortnight after expiry of one year period allowed for the
completion of the works either by the Mortgagor or Mortgagee as the case may be.
(d) The mortgagor shall not during the continuance of these present charge, encumber, after or otherwise
dispose of the mortgaged property and other plots unless and until the private streets and roads and open
spaces intended, for parks, and playgrounds, etc., are conveyed to the Municipality for treating them as
public as indicated in para supra.
(e) That the mortgagee shall be in actual possession of the plots and continue to retain the same till the
completion of the said works and the mortgagor shall not interfere with the possession, interest, rights, and
title of the mortgagee over the said plots in any way determental to the interests, rights accured in security
and change over the said plots to the mortgagee till the works are completed as agreed upon.
(f) The mortgagor does also hereby agree to the Government Revenue, municipal taxes over the said
property if any, till the redemption of the property as the same vests automatically in favour of the
Municipality.
(g) The terms and conditions of this deed are binding and shall continue to be binding on the mortgagor, his
heirs, successors in interest, right as well as a title and ownership and none of them shall be entitled to
question the correctness or the genuiness of the terms and conditions of this deed anywhere at any time in
any court.
In witness whereof the said mortgagor hereinto set his hand the day and the year first above written.
Signed by the said (Mortgagor)
In the presence of:
1. Witness:
Address:
Occupation:
2. Witnesses:
Address:
Occupation:
Signed by Sri.in the office of the Municipal Council for and on behalf of the Council, in the presence of:
1. Witnesses:
Addresses:
Occupation:
2. Witnesses:
Addresses:
Occupation:
Special Secretary to Government.
APPENDIX G Guarantee Deed
APPENDIX (See Rule 5(v))
(Diagram omitted)
APPENDIX `G'
(See Rule 5(v))
Guarantee Deed
Whereas.. .is/are required to furnish a Bank Guarantee to the Chairman/Municipal Council for a sum of Rs.
... (Rupees. ...) as per the requirements under Rule 5(v) for sanctioning of a layout in respect of SL.No. ..
situated at..
I/We hereby undertake to pay the Chairman Municipal Council, the said sum of Rs. .. (Rupees ...) on
demand.
I/We undertake not to revoke the guarantee without written authority from the Chairman/ Municipal
Council.
Witness:
1. Signature.
2. Bank". (Sd.)
Section Officer.
ANDHRA PRADESH MUNICIPAL COUNCILS/NAGAR PANCHAYATS (CO OPTION OF
MEMBERS BELONGING TO MINORITIES) RULES, 1995
In exercise of the powers conferred by sub-section (1) of Section 326 read with Clause (vi) of sub-section
(2) of Section 5 of the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965), the Governor of Andhra
Pradesh hereby makes the following rules
Rule 1 Short Title
(1) These Rules may be called the Andhra Pradesh Municipal Councils/ Nagar Panchayats (Co-option of
Members belonging to Minorities) Rules, 1995.
(2) These rules shall apply to all Municipal Councils and Nagar Panchayats in the State and any reference
to a Municipal Council wherever it occurs in these rules shall apply to Nagarpanchayats also.
(3) These Rules shall come into force at once.
Rule 2 Definitions
(1) In these rules, unless the context otherwise requires--
(i) "Act" means the Andhra Pradesh Municipalities Act, 1965;
(ii) "Government" means the Government of Andhra Pradesh;
(iii) "Minorities" means the communities as specified below which were notified as such by the Ministry of
Welfare, Government of India in No. S.O. 816 (3), Dated 23-10-1993; and such other communities that
may be notified by the Government of India from time to time.
(a) Muslims
(b) Christians
(c) Sikhs
(d) Budhists
(e) Zerastrains (Parsis)
(2) The words and expressions used but not defined in these rules shall have the meanings respectively
assigned to them in the Act.
Rule 3 Qualification
(1) The person to be co-opted shall be,--
(a) A Registered voter in the Municipality; and
(b) shall be not less than 21 years of age.
Rule 4 Disqualification
The provisions contained in Sections 14 and 16 of the act with regard to disqualification of members shall
mutatis mutandis apply to the co-opted members.
Rule 5
(1) The Chairperson shall convene a special meeting of the Council *[within *[sixty (60) days] from the
date of first meeting of the Council to be appointed by the Election Authority.]
(2) A notice of seven (7) clear days shall be given to the members including ex-officio members for
convening the meeting.
(3) No business shall be transacted at the meeting unless there be present atleast one-half of the sanctioned
strength of the Council including ex-officio members:
Provided that where a minority member could not be co-opted in the first two meetings for want of
quorum, the minority member shall be co-opted in the third meeting even without the quorum.
(4) If within half-an-hour after the time appointed for the special meeting the quorum is not present, the
meeting shall stand adjourned unless all the members present agree to wait longer.
Rule 6
(1) The Chairperson shall call for proposals for co-option of member belonging to minorities.
(2) Any member including an ex-officio member can propose the name a member belonging to minorities
and another member has to second such proposzal.
(3) If one person is proposed to be co-opted, he shall be declared to have been co-opted.
(4) If two or more persons are proposed to be co-opted, one person shall co-opted by voice vote.
Rule 7
While co-opting a member, preference may be given to the member belonging to such of the communities
which are not represented on the council through direct election.
Rule 8
The provision contained in Section 55 of the Act with regard to resignation of members shall mutatis
mutandis apply to the co-opted member.
Rule 9
A casual vacancy in the office of co-opted member shall be filled by following the procedure prescribed in
these rules as soon as may be after occurrence of the vacancy:
Provided that no casual vacancy occurred within three momths before the date on which the term of office f
the meber expires shall be filled in; Provided further that a member co-opted by the council to a casual
vacancy shall held office so long only as the member in whose place he is co-opted would have entitled to
hold office if the vacancy had not occurred.
Rule 10
The Chairperson of the meeting shall issue a notification prescribed in Form-I in the District Gazette
indicating the name of person co-opted by the Council and the Commissioner shall thereafter send an
attested copy of the notification to the District Collector, Commissioner and Director of Municipal
Administration, Regional Director-cum-Appellate Commissioner and Government and he will also place a
copy of it on the Notice Board of the Municipal Office.
ANDHRA PRADESH MUNICIPALITIES (ADMINISTRATIVE CONTROL OF CHAIRMAN OF
A MUNICIPAL COUNCIL OVER THE MUNICIPAL COMMISSIONER) RULES, 1977
In exercise of the powers conferred by Sub-section (1) of Section 326 of the Andhra Pradesh Municipalities
Act, 1965 read with Section 56(4) of the said Act, the Governor of Andhra Pradesh hereby makes the
following rules relating to the Administrative Control of the Chairperson Municipal Council over the
Municipal Commissioner, the same having been previously published in the Andhra Pradesh Gazette, No.
29 dated the 2nd November, 1972 as required by Clauses (a) and (b) of Sub-section (1) of Section 327 of
the Andhra Pradesh Municipalities Act, 1965.
Rule 1
(1) These Rules may be called "The Andhra Pradesh Municipalities (Administrative Control of Chairperson
of a Municipal Council over the Municipal Commissioner) Rules, 1977."
(2) They shall come into force at once.
Rule 2 Definitions
In these rules, unless the context otherwise requiries;
(a) "Act" means the Andhra Pradesh Municipalities Act, 1965.
(b) "Chairperson" means the Chairperson of the Municipal Council.
Rule 3
The Chairperson may in the interest of municipal administration, give any lawful instructions to the
Commissioner in writing in respect of any matters falling within the scope of Clauses (a) to (c) of sub-
section (i) of Section 56 and the Commissioner shall be bound by all such instructions provided that
nothing in this rule shall require the Commissioner to do or omit to do anything inconsistent with the
provisions of the Act or the rules made thereunder.
Rule 4
In the case of transfer of staff of the municipal council connected with outdoor collection of taxes, if the
transfer relates to the transfer and posting of the indoor staff of the main office or the outdoor staff
connected with the collection of taxes, the Commissioner shall pass orders only with the concurrence of the
Chairperson, municipal council. Where there is disagreement, between the Chairperson and Commissioner
in any particular case of transfer the Commissioner shall refer the matter to the Director of Municipal
Administration in the case of special or selection grade municipality and to the Deputy Director of
Municipal Administration concerned, in the case of any other municipality. The decision of the Director of
Municipal Administration or the Deputy Director of Municipal Administration, as the case may be, shall be
implemented forthwith by the Commissioner.
Rule 5
Whenever the Commissioner applies for Casual leave he shall simultaneously send a copy of application to
the Chairperson for his information.
Rule 6
Application for leave other than Casual leave of the Commissioner shall be routed through the chairperson,
who shall forward the same within 3 days of the receipt thereof, to the Director of Municipal
Administration. Provided that the Commissioner shall submit a copy thereof to the Director of Municipal
Administration direct; Provided further that if the remarks of the Chairperson are not received by the
Director of Municipal Administration within one week from the date of receipt of the copy of the
application, this rule does not preclude the Director of Municipal Administration to proceed with the copy
of the application received on the presumption that Chairperson, has no remarks to offer on that
application.
Rule 7
(i) In the first week of April every year or whenever there is a change in the personnel of the commissioner
or where the Collector or the Deputy Director of Municipal Administration vacates the office by transfer or
otherwise, as the case may be, he shall write the confidential report on the work of the Commissioner. The
Reporting Officer shall obtain a report in the Form (B) for ascertaining the work of the Commissioner from
the Chairman of the Municipal Council, whoever was in office for that period who will record his remarks
with great care and caution. The report should be sent to the Director of Municipal Administration by the
Reporting officers immediately.
(ii) The report should be written or typed, by the Reporting Officer. To facilitate identification, the name of
the Reporting Officer should be written in block letters below the signature.
(iii) Adverse remarks should be supported by facts, figures and specific evidentiary examples or instances,
as far as possible. Recording of vague impressions shall scrupulously be avoided. The remarks should be
substantiated at a later date when challenged or otherwise required. Where there are Deputy
Commissioners functioning, similar procedure shall be followed in their cases also.
(iv) While recording censure or any other punishment awarded to the Commissioner, a copy of the letter
conveying the censure or other punishments to the Commissioner shall be attached to the confidential
report.
APPENDIX A Annual Confidential Report in respect of Municipal Commissioner for the year 19
FORM Name of the Municipality; District:
FORM 'A'
Name of the Municipality;
District:
Annual Confidential Report in respect of Municipal Commissioner for the year 19
1. Name of the Commissioner and Grade:
Date of Birth:
2. Appointment held during the year (with dates) and pay and scale of pay:
3. General qualifications and aptitude for post held including any special or technical and professional
attainments.
4. Manner in which the officer discharged his duties during the year, i.e., if satisfactory or otherwise
(specific instances or unsatisfactory work, if adversely commented on to be cited with number and date of
order passed by the Competent authority).
5. Does the Officer exhibit
(a) Patience:
(b) Tact:
(c) Courtesy:
(d) Impartiality in his relations with the public and sub-ordinate or superior staff with whom he comes in
contact
6. Is the Officer -
(1) of good character and integrity:
(2) of sound constitution:
7. Is the Officer -
(1) Physically energetic:
(2) Mentally alert:
8. Has the Officer -
(1) Initiative and drive:
(2) Powers of control
(3) Powers of application
9. Has the Officer any special characteristic and/or any outstanding merits or abilities which would justify
his advancement and special selection for higher appointments in the service
10. Is he confirmed in this post? If, not what is his substantive post?
11. General Remarks:- Comment on the way the Officer has carried out his duties, estimate of his
personality, etc.)
District Collector/Deputy Director Municipal Administration ......................... District Name [in Block
letters] .................................... District ........................ Opinion of Director of Municipal Administration.
APPENDIX B FORM
FORM
FORM 'B'
Assessment Roll of Sri ...................... Commissioner ........................... municipality for the financial year
....................
1. Name of the Officer,
2. Grade of Municipality,
3. Nature of work: Grade of achievement: 100% -- Outstanding 90% 99% -- Good 85% to 90% --
Satisfactory, Collection of taxes (both tax and non-tax Below 85% -- Poor.
resources) :
Removal of encroachments: 100% Outstanding 90% to 99% -- Good
85% to 90%-- Satisfactory, Below 85%--
Poor.
Disposal of Revision Petitions: 100%--Good, 95% to 99%-- Satisfactory,
Below 85%--Poor.
ANDHRA PRADESH MUNICIPALITIES (ACQUISITION AND TRANSFER OF IMMOVABLE
PROPERTIES) RULES, 1967
In exercise of the powers conferred by clause (c) of the sub- section (2) of Section 326 of the Andhra
Pradesh Municipalities Act, 1965 (Act 6 of 1965), the Governor of Andhra Pradesh hereby makes the
following rules relating to the acquisition and transfer of immovable properties by municipal councils, the
same having been published at pages 420 to 449 of Rules Supplement of Part 1 of the Andhra Pradesh
Gazette, dated 6th October, 1966, as required under clause (a) and (b) of sub-section (1) of Section 327 of
the said Act.
Rule 1
These rules may be called the Andhra Pradesh Municipalities (Acquisition and Transfer of Immovable
Properties) Rules, 1967.
Rule 2
(1) A municipal council shall acquire any immovable property under the following conditions, namely:-
(a) the property, if intended for any purpose other than roads, bridges, culverts and quarries, is approved by
the Municipal Health Officer or if there is no Municipal Health Officer by the Commissioner in
consultation with the District Health Officer as to the suitability from the sanitary point of view for the
purpose for which it is intended;
(b) the property intended for roads, junctions, street-housing schemes and buildings covered by the detailed
town planning schemes,housing schemes and other slum development schemes,is approved by the Director
of Town Planning after getting the opinion of the town planning officer or the head of the Town Planning
Section in the municipality, as the case may be, from the town planning point of view and also approved by
the Municipal Health Officer and if there is no Municipal Health Officer by the Commissioner in
consultation with the District Health Officer from the sanitary point of view for the purpose for which it is
intended.
(c) the property, if intended for the construction or extension of buildings in area outside the town planning
area is approved by the Municipal Engineers I and II grade in respect of the value of the property and of the
Municipal Engineer III grade, if the value of the property does not exceed rupees ten thousand:
Provided that in the case of a municipality where there is a municipal engineer and when the value of the
property exceeds rupees ten thousand or where there is no Municipal Engineer, the approval of the
Executive Engineer (Public Health) of the division or the Sub-Divisional Officer acting under his orders
shall be obtained as to the suitability of the purpose for which it is intended.
(d) the property, if its value exceeds Rs. 2,500 and if it is intended for educational purposes, is approved by
the District Educational Officer also;
(e) the property, if its value exceeds Rs.2,500 and if it is intended for hospitals and dispensaries, is
approved by the District Medical and Health Officer also;
(f) in the case of buildings, a valuation certificate regarding structural stability are obtained from the
Municipal Engineer or if there is no Municipal Engineer, from the Executive Engineer (Public Health) of
the division or of the Sub-Divisional Officer acting under the orders of the Executive Engineer (Public
Health);
(g) any immovable property may be acquired under the Land Acquisition Act, 1894;
(h) in case such a property is proposed to be acquired otherwise than under the Land Acquisition Act, 1894,
the prior approval of the District Collector shall be obtained. While according his approval, the District
Collector shall determine the value at which the property is to be acquired and thereafter the Municipal
Council shall obtain the sanction of the Government before acquiring the property.
(i) in every case where the consideration for the property is not less than Rs. 250 an encumbrance
certificate is obtained from the Registration Officer in respect of such property the charges being met from
the municipal funds and examined by the Standing Council of the municipal council and where there is no
Standing Counsel, by any other council engaged for that purpose unless the nature of the transaction as
such as will by law, pass the property free of all encumbrances; and
(j) Where the properties acquired with the prior approval of the District Collector in accordance with
Section 2 of the Act, if the valuation and the certificate regarding structural stability are obtained from an
Executive Engineer (Public Health) or a Sub- Divisional Officer acting under his orders, the municipal
council shall pay to the Government in respect of the services so rendered a fee (which shall be credited to
the Public Health Engineering Department's account) calculated at the rate of one percent of the value of
the buildings, subject to a minimum of 35 rupees. The municipal council shall also pay the travelling
allowances of these officers in respect of journeys performed by them in accordance with the Andhra
Pradesh Travelling Allowance Rules. The minimum fee of 35 rupees and the travelling allowance of the
officer concerned shall also be payable by Municipal council in cases, where an Executive Engineer (Public
Health) or a Sub-Divisional Officer acting under his orders, inspects a building but does not actually
furnish the valuation and certificate regarding structural stability on the ground that the building is found
unfit for purchase.
(2) The deed transferring the property to the Municipal Council shall be in the appropriate form in
Schedule I appended to these rules, with such variations as circumstances may require.
(3) The provisions of sub-rules (1) and (2) shall not apply to a case where the municipal council has to
purchase immovable property brought to sale in execution of a decree obtained by it.
Rule 3 Transfers otherwise than by lease of immovable property vesting but not belonging to
municipal council
(1) Immovable property vesting in, but not belonging to a Municipal Council shall not be transferred or
charged in contravention of the conditions subject to which such property became vested in the council.
(2) The deed transfer of immovable property shall be in the appropriate form in Schedule II appended to
these rules, with such variations as circumstances may require.
Rule 4 Transfers otherwise than by lease of immovable property vesting in municipal council
(1) A municipal council shall not without the previous sanction of the Collector of the District, make or
sanction any transfer except by way of these, of any immovable property, belonging to it or create or
sanction of the creation of any charge upon any such property. If the value of the property so transferred or
the amount for which the charge is so created exceeds Rs.10,000 the previous sanction of the Government
shall also be obtained for the transaction.
(2) The deed of transfer of immovable property shall be in the appropriate form in Schedule II appended to
these rules with such variations as circumstances may require.
Rule 5 Transfer by lease of immovable property belonging to municipal council
(1) A municipal council may lease out any immovable property belonging to it for a period of three years at
any one time and if it is for a period exceeding three years but not exceeding twenty-five years at a time it
may lease out, after obtaining the prior sanction of Government.]
(2) Whenever any lessee is permitted to put up any building or structure whether of masonry, brick, mud or
metal in the land belonging to municipal council, the prior sanction of the Director of Municipal
Administration shall obtained therefor who may impose such conditions as he may think fit.
(3) The lease deed shall be in Form III (a) in Schedule III appended to these rules with such variations as
the circumstances may require;
Rule 6 Transfer by lease of immovable property vested in but not belonging to a municipal council
(1) A municipal council may lease out any property vested in it but not belonging to the council other than
road sides street margins: Provided that no lease shall be granted-
(a) in contravention of the conditions subject to which such property became vested in the council.
(b) for a period exceeding twelve months without the previous sanction of the Director of Municipal
Administration:
Provided further that no such lease shall be valid, if the lessee is permitted to put any building or structure
whether of masonry, bricks, wood, mud or any other material, unless the sanction of the Government in the
case of Government lands and of the Director of Municipal Administration in other cases had been
obtained therefor.
(2) The lease-deed shall be in Form III (a) in Schedule III appended to these rules with such variations as
circumstances may require.
Rule 7 Lease of road sides and street margins
(1) Lease of road sides and street margins vested in a municipal council shall be subject to the conditions
and restrictions imposed by the Commissioner and the rules made by the Government under sub-section (5)
of Section 193 of the Andhra Pradesh Municipalities Act, 1965.
(2) The lease-deed shall be in Form III (b) in Scheduled III appended to these rules with such variations as
circumstances require.
Rule 8 Publication of proposed transfers and leases
(1) In every case of transfer falling under Rules 2 and 3, the municipal council shall publish a notice of the
proposed transfer giving full particulars of the property to be transferred, the name of the proposed
transferee and the considerations for the transfer
(a) in the District Gazette, if the consideration for the transfer exceeds Rs. 1,000;
(b) by affixture in a conspicuous position
(i) at the offices of the municipal council, the Collector of the district and the Revenue Divisional Officer;
(ii) at the taluk office.
(iii) at the village chavadi of the village in which the property is situated; and
(iv) on the property to be transferred.
(2) In case of leases under Rules 4 and 5 notices should be published giving full particulars of the
properties to the leased and the consideration for the rent reserved under the lease together with the name of
the lessee and the period of lease, in the municipal office and also other public places.
(3) In every case where such transfer or lease is to be by public auctions a notice of the proposed transfer in
Form A, appended to these rules with full particulars of property to be transferred or leased shall be
published
(a) in the District Gazette and in one or two prominent local newspapers circulated within the jurisdiction
of the municipal council, if the consideration for the transfer exceeds Rs. 1,000 or if the rent reserved under
the lease exceeds Rs. 500 per annum;
(b) in the manner specified in clause (b) of sub-rule (1) and sub-rule (2);
(c) by beat of drum in suitable places; and
(d) by announcing through microphone where it is possible to do so.
(4) The municipal council may dispense with the publication in the District Gazette and the newspapers as
required by sub-rule (3) in the case of leases which are granted during the course of a financial year owing
to the failure of the original lessee to fulfil the terms of his lease.
(5) The municipal council shall consider objections, if any received within thirty days from the date of
publication of notice.
Rule 9 Transfers and leases to be subject to conditions of transferee or lessee paying assessment,
ground-rent, peshkash or quit-rent to Government
(1) Except in cases falling under sub-rules (3) and (4) of this rule no transfer or lease of any immovable
property made by the municipal council shall be valid unless it be a condition thereof that the transferee or
lessee shall be liable to pay to the Government such assessment, ground-rent, peshkash or quit-rent as the
Collector may determine to be payable in respect of the property and that the said assessment, ground-rent,
peshkash or quit-rent is subject to revision from time to time in accordance with the rules in force at the
time of such revision except in respect of quit-rent on enfranchised inam lands and peshkash on lands in
proprietary villages acquired by the municipal council by private negotiation.
(2) Nothing contained in this rule shall affect the right of the Government to recover from the municipal
council the assessment, ground-rent, peshkash or quit-rent leviable on lands not transferred by sale or
exchange or otherwise permanently alienated.
(3) In cases where the assessment, ground-rent peshkash or quit-rent leviable on the land after transfer is
already being paid by the municipal council and the land is not transferred by sale or exchange, leased in
perpetuity or otherwise permanently alienated, the municipal council shall continue to pay such assessment,
ground-rent, peshkash or quit-rent and the liability shall not be imposed on the transferee.
(4) In the case of leases falling under Rule 7, the municipal council shall furnish the Collector with a return
of such leases whereupon the Collector will fix the assessment or ground-rent on the basis of the
information in the return and collect it from the municipal council.
SCHEDULE 1 SCHEDULE 1
Form 1(a) FORM
FORM
FORM 1 (a)
Transfer by Sale
This indenture made the day of 19 between Sri son of Sri residing at (hereinafter called the "vendor" which
expression shall where the context so admits includes his heirs, executors, administrators and legal
representatives) of the one part and the Municipal Council of Municipality constituted under the Andhra
Pradesh Municipalities Act, 1965 (Act 6 of 1965) (hereinafter called the "purchaser" which term shall mean
and include its representatives and successors in office and assigns) of the other part;
Whereas the vendor is absolute owner of the schedule mentioned property.
And whereas the purchaser in exercise of its powers agreed with the vendor to purchase the Schedule
mentioned property free from encumbrances at the price of rupees,-
Now, this indenture witnesseth the as follows:- (1) That in pursuance of the said agree- ment and in
consideration of the sum of rupees paid to the vendor by the purchaser on or before the execution of these
presents (the receipt whereof the vendor doth hereby acknowledge) he the vendor doth hereby gent, convey
and assign unto the purchaser all that piece or parcel of land premises situated in and more particularly
described in the schedule hereunder written and which together with the messuage or tenament erected
thereon is commonly called or known as together with all buildings, godowns, trees, common hedges,
ditches, fences,ways, waters, water-courses, liberties, privileges, easements, advantages and appurtenances
whatsoever to the said piece or parcel of land messuage and premises of any of them in any wise
appertaining or here to before occupied or enjoyed therewith and all the estate right, title, interest, property
claim and demand whatsoever of the vendor unto and upon the same premises to have and to hold said
piece or parcel of land, messuage and premises hereby granted conveyed and assigned upto the purchaser
forever and the vendor both hereby convenient with the purchaser that he the vendor now hath good right
and title to grant convey and assign the premises hereby granted, conveyed and assigned unto the purchaser
in manner aforesaid. And that the purchaser shall and may at all times hereafter peacefully and quietly
possess and enjoy the said premises free from encumbrances whatsoever and receive the rents and profits
thereof without any unlawful eviction,interruption, claim or demand whatsoever from or by the vendor or
any other person or persons and further that the vendor and all persons having lawfully or equitably
claiming any estate or interest in the said premises or any of them or any part thereof from under or in trust
for the vendor or from or under any of his ancestors shall and will from time to time and at all times
hereafter the request and cost of the purchaser do execute and registrar or cause to be done, executed and
registered all such acts, deeds and things whatsoever for further and more perfectly assuring the said
premises and every part thereof upto the purchaser in the manner aforesaid as shall or may be reasonably
required.
In witnesses whereof the vendor hath hereunto set his hand and seal on the day year first above written in
the presence of witnesses.
1
2
The Schedule above referred to
All that piece or parcel of land and premises situated in the village of in the registration sub-district of i n
the registration district of and bounded on the north by ...................... on the south by on the east by and on
the west by bearing resurvey No and sold survey No and containing on the whole by admeasurement.
(be the same more or less)
Signed, sealed and delivered by the above named in the presence of
Signed, by the Chairman of the Municipal Council in the presence of
The common seal of the Municipal Council was hereunto affixed in the presence of
Witness:
1
2
Form 1(b) FORM
FORM
FORM 1(b)
Transfer by lease
This indenture made this the day of one thousand nine hundred and between Sri residing at and carrying on
business at (here inafter called the "the lessor" which expression where the context and admits shall include
his heirs, executors, administrators, legal representatives and assigns) of the one part and the Municipal
Council of Municipality constituted under Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965)
hereinafter called the lessee which expression where the context so admits shall include its representatives,
successory, in office and assigns of other part:
Witnesseth as follows:
1. In consideration of the rent hereby reserved and of the convenants by the lessee herein contained the
lessor demises unto the lessee all that piece or parcel of land together with the building and premises know
as situated in the registration sub-district of in the registration district of bearing Survey No and more
particularly described in the schedule hereto for the term of years from the days of 19 paying therefore in
advance the monthly rent of Rs. clear of all deductions the first of such payments to be made on the day 19
2. The lessee convenants with the lessor as follows:
(1) To pay the reserved rent on or before the first day of each month in advance and in manner aforesaid.
(2) To bear and pay future taxes, charges, assessments and outgoings payable in respect of the said
premises.
(3) To keep the exterior and the interior of the demised premises and all additions thereto, the boundary
wall and fences thereof the drains soil and other pipes sanitary and water apparatus electric fittings and
fixtures thereof in good and tenantable repair and condition.
(4) Not to make or permit to be made under any circumstances, any alterations in additions to the demised
buildings without the previous consent in writing of the lessor provided always that if the lessee is
permitted to make any alterations by the lessor the lessee shall not be entitled to any compensation therefor.
(5) To permit the lessor with or without workmen or others at all reasonable times on giving one day's
previous notice to enter upon the demised premises and to view the condition thereof and upon notice being
given by the lessee to repair within one month from the service of the notice in accordance therewith.
(6) Not to assign, under let or part with the possession of the demised premises or any part thereof without
first obtaining the written consent of the lessor.
(7) To yield up the demised premises with all fixtures, and additions thereto at the determination of the
tenancy in good and tenantable repair and condition in accordance with the convenants herein contained.
3. The lessor convenants with the lessee as follows:
(1) That the lessee paying the rent hereby reserved and observing and performing the several covenants and
stipulations herein on its part contained shall peaceful hold and enjoy the demised premises during the said
term without any interruption by the lessor or any person rightfully claiming under or in trust for him.
(2) To carry out all repairs by the main walls, roof and foundations due to fair wear and tear, the decision of
the Executive Engineer (Public Health) for the time being of division as to the necessity for such repairs
being final.
4. Provided always and it is hereby expressly agreed by and between the parties hereto as follows:
(1) If the rent hereby reserved or any part thereof shall unpaid for 14 days after becoming payable (whether
formally demanded or not) or if any covenant on the lessee's part herein contained shall not be performed
or observed then and in any of the said cases it shall be lawful for the lessor at any time thereafter to re-
enter upon the demised premises or any part thereof in the name of the whole and thereupon this demise
shall absolutely determine but without prejudice to the right of action of the lessor in respect of breach of
any of the lessee's covenants herein contained.
(2) If the lessee shall desire to determine the present demise and shall give to the lessor three calender
month's previous notice in writing of such desire then immediately on the expiration of the three calendar
months the present demise and everything herein contained shall cease and be void but without prejudice to
the remedies of either party against the other in respect of any antecedent claim or breach of covenant.
(3) That the lessor will on the written request of the lessee made within three calendar months before the
expiration of the term hereby granted to the lessee a lease of the demised premises for the further term of
years and containing the like covenants and proviso(s) as are herein contained expect the/including a
covenants for renewal in witness whereof the lessor hath hereunto set his hand and seal and the common
seal of the Municipal Council of the lessee hath hereunto affixed the day year first above written
The Schedule above referred to
All that piece or parcel of land premises situated in the village of in the registration sub-district of in the
registration district of and bounded on the north by on the south by on the east by and on the west by
bearing re-survey No. old survey No. and containing on the whole by admeasurement.
(be the same more or less).
Signed, sealed and delivered by the above named in the presence of
Signed by the Chairman of the Municipal Council.......of Municipality in the presence of
The common seal of the Municipal Council of
Municipality was hereunto affixed in the presence of
Form 1(c) FORM
FORM
FORM 1(c)
Transfer by mortgage
This Indenture made the day of 19 between son of residing at....(hereinafter called "the mortgagor" which
expression shall where the context so admits include his heirs, executors, administrators and legal
representatives) on the one part and the Municipal Council of Municipality constituted under the Andhra
Pradesh Municipalities Act 1965 (Act 6 of 1965) (hereinafter called Mortgagee' which expression shall
where the context so admits include its successors, representatives and assigns) of the other part.
Whereas the mortgagor is well and truely entitled to and possesses of the piece or parcel of land and
premises described in the schedule hereto:
And whereas the mortgagee has agreed to lend the mortgagor the sum of Rson having the repayment
thereof in manner hereinafter appearing.
Now this indenture witnessess as follows
That in consideration of the sum of Rson or before the execution of these presents paid to the mortgagor by
the mortgagee (the receipt whereof the Mortgager both hereby acknowledge) he the mortagagor doth
hereby give, grant and assign unto the mortgagee an usufructuary mortgage of all that piece or parcel of
land situate in and more particularly described in the schedule hereunder written and which together with
mesurage or tenement crected thereof is commonly called or known as together with all buildings,
godowns, trees common hedges, ditches fences, ways, waters, water-courses, liberties, privileges,
easements,advantages and appurtenances whatsoever to the said piece or parcel of land, messauge and
premises or any of them in anywise appertaining or hereto force or hereafter to be occupied or enjoyed
therewith. And all the estate, right title, interest, property claim and demand whatsoever of the mortgagor
into and upon the same premises to have and to hold the said piece or parcel or land message and premises
hereby granted conveyed and assigned or expressed so to be unto the mortgagee for every subject to the
proviso for redemption hereinafter contained. The mortgagor hereby d eclares that he has put the mortgagee
in possession of the mortgaged property and that the mortgagee shall continue in such possession of the
property until the said sum of Rsis repaid to the mortgagee and that the mortgagee shall appropriate the
rents and profits accruing from the property in lieu of the interest due in respect of the mortgagee money.
And the mortgagor doth hereby covenant with the mortgagee that he the mortgagor will as long as any
money shall remain due on the security of these presents keep all the messauges and buildings now existing
or hereafter to be erected on the said premises hereinbefore expressed to be hereby granted conveyed and
assigned in good and substantial repair and insured against loss or damage by fire in the sum of Rs atleast
in same office or offices approved by and in the name of the mortgagee and will duly and punctually pay
all premiums and sums of money necessary for such purpose and for keeping such insurance on foot and
also allquit-rent assessment rates taxes and other outgoing for the time being payable in respect of or
charged upon the said premises or any of them and will forthwith deliver to the mortgagee the policy or
policies of insurance and the receipt for every sum payable as aforesaid and that if default be made in
keeping the said buildings so repaired or in effecting or keeping on foot such insurances or in payment of
any such quit-rent, assessment rates, taxes and other outgoings as aforesaid,or in so delivering any policy or
policies or receipt as aforesaid it shall be lawful but not incumbent uponthe mortgagee to put the said
premises into proper and substantial repair or (as the case may be) to insure and keep insured the said
buildings for any sum not exceeding the amount aforesaid and to pay the premiums and all expenses
incurred in so doing or (as the case may be) any quit-rent, assessment rates, taxes, or other outgoing as
aforesaid, And further that the mortgagor will forthwith repay to the mortgagee all such premiums expense
and other moneys with interest thereon at the rate of per cent per annum from the time of each payment and
that until repayment the premises hereby mortgaged shall stand charged with the amount to be repaid and
interest thereon at the rate aforesaid and that all moneys received in respect of any insurance shall at the
option of the mortgagee be applied either in reinstating or restoring the buildings insured in or towards
payment of the money for the time being on the security of these presents. And the mortgagor doth hereby
covenant with the mortgagee that he the mortgage now hath power to give and grant this as usufructuary
mortgage unto the mortgagee and it is hereby expressly agreed and declared that on payment at any time by
the mortgagor to the mortgagee of the said sum of Rs.and all other moneys, if any, due under these presents
the mortgagee shall at the request and cost of the mortgagor recover and reasign unto the mortgagor or as
he may direct , all and singular the plot or piece of land and premises hereby expressed to be granted,
conveyed or assigned.
In witness whereof the mortgagor hath, hereunto set his hand and seal the day and year first above written.
The schedule above referred to
All the piece or parcel of land and premises situated in the village in the registration sub-district of in the
registration district of and bounded on the north by on the south by on east by and on the west by bearing
resurvey No and old survey No. . and containing on the whole by admeasurement (be the same or more or
less).
Signed, sealed and delivered by the above named in the presence of --
Witnesses:
1
2
Form 1(d) FORM
FORM
FORM 1(d)
Transfers by gift
This indenture made the day one thousand nine hundred between son of residing at (hereinafter called "the
donor" which expression shall where the context admits include his heirs, executors, administrators and
legal representatives) of the one part and the Municipal Council of Municipality constituted under the
Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965) (hereinafter called the donee' which expression
shall where the context admits include its successors and assigns) of the other part.
Whereas the donour is well and sufficiently entitled free from encumbrances to the piece or parcel of land
and premises hereinafter described and intended to be hereby granted, conveyed and assigned.
And whereas the donor has agreed to transfer the said piece or parcel of land and premises to the donee as a
gift subject to the payment by the donee of all existing and future taxes, charges, assessment and ground
rent in respect of the same and the donee has agreed to accept the same subject to such conditions.
And whereas the said piece or parcel of land and premises is of the value of Rs. for the purpose of stamp
duty.
Not this indenture witnesseth as follows
That the donor doth hereby give, grant, convey and assign unto the donee who hereby accepts the same all
that piece and parcel of land bearing survey No situated in the village of in the registration sub-district of in
the registration district of and more particularly described in the schedule hereunder written together with
all buildings, trees, commons, liberties, privileges, easements advantages and appurtenances whatsoever to
the said piece or parcel of land buildings and premises or any of them in anywise appertaining or heretofore
occupied or enjoyed therewith and all the estate right, title, interest, property, claim and demand
whatsoever of the donor into and upto the same premises to have and to hold the said piece or parcel of
land and premises hereby granted, conveyed and assigned into the donee forever and the donor doth hereby
covenant with the donee that the donor now hath good right to grant convey, and assign the premises
hereby granted, conveyed and assigned unto the donee in the manner aforesaid and that the donee shall and
may at all times hereafter peaceably and quietly possess and enjoy the said premises free from all
encumbrances whatsoever without any lawful eviction, interruption claim or demand whatsoever from or
by the donor or any person claiming under or in trust for him and further that the donor and all persons
having or lawfully or equitably claiming any estate or interest in the said premises or any part thereof from
under or in trust for the donor or from or under any of his ancestors shall and will fromtime to time and all
times hereafter at the request and cost of the donee do execute and register or cease to be done executed
and registered all such acts, deeds and things whatsoever for further and more perfectly assuring the said
premises and every part thereof unto the donee in the manner aforesaid of as shall or may be reasonably
required.
11. The Chairman of the Municipal Council of Municipality in token of acceptance of the gift has also
signed this deed, in witness whereof the parties have hereunto set his hand and seal and the common seal of
the Municipal Council of Municipality the donee has hereunto affixed the day and year first above written.
The Schedule above referred to
All that piece of parcel of land premises situated in the village of in the registration sub-district of in the
registration district of and bounded on the north by on the south by and on the east by and on the west
bybearing resurvey No. and old survey No. and containing on the whole by admeasurement (be the same
more or less)
Signed, sealed and delivered by the above named in the presence of Signed by the Chairman of the
Municipal Council of Municipality in presence of the common seal of the Municipal Council was hereunto
affixed in the presence of.
Witnesses
1
2
SCHEDULE 2 SCHEDULE
Form 2(a) FORM
FORM
FORM 2(a)
Transfer by sale
This Indenture made the . day of . 19. between the Municipal Council of.Municipality constituted under the
Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965) [hereinafter called "the vendor" which expression
shall where context so admits included its successors, representatives and assigns] of the one part (and) .
son of . residing at . (hereinafter called the purchaser' which expression shall where the context so admits
include his heirs,executors, administrators, legal representatives and assigns) of the other part.
Whereas the vendor is the absolute owner of the land and premises described in the schedule hereto and has
agreed with the purchaser for the sale to him of the same subject to the quit rent (if any) payable in respect
of the same but otherwise free from encumbrances for the sum of Rs. .
And Whereas the Collector of. . district by an order No. .date the . day of . has sanctioned the sale of the
property hereinafter contained.
And whereas the Government of Andhra Pradesh have also by an order No. date the . day of . . sanctioned
the sale of property hereinafter contained.
( Note:- Retain this if the value exceeds Rupees ten thousands).
And whereas due notice of the sale of the property hereinafter contained has been given in accordance with
the provisions of the rules relating thereto.
Now this deed witnesseth as follows
1. That in pursuance of the said agreement and in consideration of the sum of Rs. .to the vendor paid by the
purchaser on or before the execution of these presents (the receipt whereof the vendor doth hereby
acknowledge) the vendor as beneficial owner and in pursuance of every statutory and other authority it
hereunto enabling doth hereby grant, convey and assign unto the purchaser. All that piece or parcel of land
situated in.and more particularly described in the schedule hereunder written and which together with the
messuage or tenement erected thereon is commonly called or known as.Together with all buildings,
godowns, trees, commons, hedges, ditches, fences, ways, water courses, liberties, privileges, easements,
advantages and appurtenances, whatsoever to the said piece or parcel of land messuage and premises or any
of them in anywise appurtaining or heretoforce occupied or enjoyed therewith and all the estate, right, title,
interest, property, claim and demand whatsoever of the vendor into and upon the same premises. To have
and to hold the said piece or parcel of land messuage and premises hereby granted conveyed and assigned
into the purchaser forever. And the vendor both hereby covenant with the purchaser that the vendor now
hath good right to grant convey and assign the premises hereby granted, conveyed and assigned unto the
purchaser in manner aforesaid. And that the purchaser shall and may at all times hereafter peaceably and
quietly possess and enjoy the said premises free from all encumbrances whatsoever and receive the rents
and profits thereof without any lawful eviction, interruption claim, or demand whatsoever from or by the
vendor or any other person or persons. And further that the vendor and all persons lawfully or equitably
claiming an estate or interest in the said premises or any of them or any part thereof from under or in trust
for the vendor shall and will from time to time and at all times hereafter at the request and cost of the
purchaser do execute and register or cause to be done, executed and registered and all such acts deeds and
things whatsoever for further and more perfectly assuring the said premises and every part thereof unto the
purchaser in manner aforesaid as shall or may be reasonably required and the purchaser doth hereby
covenant with the vendor that he the purchaser as aforesaid will at all times hereafter pay all assessments
and taxes that may now be payable or at any time hereafter be levied or imposed upon the said premises
hereby conveyed by the Government Andhra Pradesh under any rules that are now or may hereafter be
inforce for the levy of assessments and taxes on lands and premises of a like nature.
In witness where of the common seal of the Municipal Council of . Municipality was hereunto affixed and
(Chairman) has hereunto affixed his hand and seal the day and year first above written.
The Schedule above referred to
All that piece or parcel of land situated in village of . in the registration sub-district of . in the registration
district of . bearing Resurvey No. Original Survey No. . bounded on the North by....on the South by . on the
East by . or on the West by . and containing by admeasurement or thereabouts Signed by the Chairman of
the Municipal Council of Municipality in the presence of . The common seal of the Municipal Council of .
was hereunto affixed in presence of.
Signed, sealed and delivered by the above named in the presence of,
Witnesses
1..
2..
Form 2(b) FORM
FORM
FORM 2(b)
Transfer by exchange
This Indenture made the . day of. . 19 . Between the Municipal Council of . Municipality constituted under
the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965) (hereinafter called "Municipal Council"
which expression shall where the context admits include its successors and assigns) of the first part And .
son of . residing at . (hereinafter called the party of the second part which expression shall where the
context so admits include his heirs executors, administrators, legal representatives and assigns) of the other
part.
Whereas the Municipal Council is well and truely entitled to and possessed of the piece of parcel of land
more particularly described in the first schedule hereto, together with the buildings thereon free from
encumbrances and the party of the second part is also well and truly entitled to and possessed of the piece
of parcel of the land more particularly described in the second schedule hereto together with the buildings
thereon free from encumbrances.
And Whereas the parties hereto have agreed to effect such exchange as is hereinafter contained of the said
pieces or parcels of land more particularly described in the first and second schedules hereto respectively.
And Whereas the Collector of . district . by an order No. dated the . day of has sanctioned the exchange of
the properties in manner hereinafter contained.
(And Whereas the Government of Andhra Pradesh have also by an order No. . dated the . day of .
sanctioned the exchange of the properties in manner hereinafter contained).
(Note:- Retain this if the value exceeds Rupees ten thousand).
And Whereas due notice of the exchange in manner hereinafter contained has been given in accordance
with the provisions of the rules relating thereto.
Now this Indenture Witnesseth:- (1) That in consideration of the conveyance by the party of the second part
hereinafter contained the Municipal Council in pursuance of every statutory and other authority thereunto
enabaling it doth hereby grant, convey and assign unto the party of the second part All that piece or parcel
of the value of Rs. . or thereabouts situated in . and more particularly discribed in the first schedule
hereunder written and coloured . on the map of plan marked A, hereunto annexed Together With all,
buildings, trees, commons, hedges, ditches, fences, eays, water courses, liberties, rivileges, easements,
advantages and appurtenances, whatsoever to the said piece of parcel of land.
and premises or any of them in anywise appurtaining or heretofore occupied or enjoyed therewith and all
the estate, right, title interest property claim and demand whatsoever of the Municipal Council into and
upon the same premises to have and to hold the said piece or parcel of land and premises hereby granted
and assigned or expressed so to be unto the party of the second part forever and the party of the second part
doth hereby covenant with the Municipal Council that he the party of the second part will at all times
hereafter pay the assessment or ground-rent of . or such other amount as the Collector of . may from time to
time determine and any other ground-rent assessments and taxes that are or may from time to time be
levied upon the said piece or parcel of land or premises by the Central Government or Government of
Andhra Pradesh or by any local or other authority and this indenture further witnesseth that in consideration
of the conveyance by the Municipal Council hereinbefore contained the party of the second part doth
hereby grant convey and assign unto the Municipal Council all that piece or parcel of land if the value of
rupees . or there abouts situated in . and being more particularly described in the second schedule hereunder
written and coloured on the map or plan marked B hereto annexed together with all buildings, trees,
commons, hedges, ditches, fences, ways, waters, water-cources, liberties, privileges, easements, advantages
and appurtenances whatsoever to the said piece or parcel of land and premises or any of them in anywise
appurtaining or heretofore occupied of enjoyed therewith and all the estate right title interest property claim
and demand whatsoever of the party of the second part into land upon such last mentioned premises to have
and to hold the said piece or parcel of land and premises lastly herein in before expressed to be hereby
granted conveyed and assigned unto the Municipal Council forever and the Municipal Council doth hereby
convenant with the party of the second part that the Municipal Council will at all times hereafter pay the
assessments and taxed that are or may from time to time be levied upon the said piece or parcel of land or
premises by the Central Government or the Government Andhra Pradesh or by any local or other authority
and the parties hereto mutually covenant and agree each with the other of them that notwithstanding any
act, deed or thing done or executed or knowingly suffered to the contrary they now have good right to grant
convey and assign respectively the said premises expressed to be hereby granted, conveyed and assigned in
the manner aforesaid and either party shall and may at all times hereafter peaceably and quietly possess and
enjoy such last-mentioned premises and receive the rents and profits thereof without any lawful eviction,
interruption claim or demand whatsoever or by the other party or any persons lawfully, or equitably
claiming fromunder or in trust for the said party and free from all encumbrances whatsoever made or
suffered by either party or any person or persons lawfully or equitably claiming as aforesaid and further
that the parties and all persons having or lawfully or equitably claiming any estate or interest in the said
premises or any part thereof from under or in trust for any of the parties shall and will from time to time
and at all times hereafter at the request and cost of the other party do execute and register or cause to be
done or executed and registered all such acts, deeds and things whatsoever for further any more perfectly
assuring such last mentioned premises and every part thereof unto the other party in manner aforesaid as
shall or may be reasonably required.
In witness whereof parties have signed and sealed this deed on the day and the year first above written in
the presence of.
Witnesses:
1..
2..
The first Schedule above referred to
All that piece or parcel of land coloured in the plan marked 'A' attached hereto and situated in the village of
. in the registration sub-district of . in the registration district of . bearing Survey No. .original Survey No .
Resurvey No. . bounded on the north by . on the east by . on the south by . and on the west by . and
containing by admeasurement or thereabouts.
The second Schedule above referred to:
All that piece or parcel of land coloured in the plan marked 'B' hereto attached and situated in the village of
. in the registration sub-district of . in the registration of district of . bearing Resurvey No. . Original No. .
bounded on the north by . on the east by . on the south by .and on the west by . and containing by
admeasurement or thereabouts.
The common seal of the Municipal Council . hereunto affixed in the presence of.
Signed, by the Chairman of the Municipal Council of. Municipality in the presence of.
Signed sealed and delivered by the above named in the presence of
Witnesses.
1..
2..
Form 2(c) FORM
FORM
FORM 2 (c)
[See Rule 3(2)]
Transfer by mortgage
This indenture made by the day of . 19 . between the municipal Council of.Municipality constituted under
the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965) (hereinafter called "the mortgagor" which
expression shall where the context so admits include its successors and assigns) of the one part and . son of.
. residing at . (hereinafter called "the mortgagee" which expression shall where the context so admits
include its heirs, executors, administrators and legal representatives) of the other part.
Whereas the mortgagor is the absolute owner of the piece or parcel of land and premises described in the
schedule hereto.
(And whereas the mortgagee has agreed to lend the mortgagor the sum of Rs.on having the repayment
thereof with interest at the rate hereinafter mentioned secured in manner hereinafter appearing).
And where as the Collector of . district by an order No. . date the . day of . 19. has sanctioned the
mortgagee of the properties in manner hereinafter contained.
And whereas the Government of Andhra Pradesh have also by an Order No. dated the day of . sanctioned
the mortgage of the properties in manner hereinafter contained.)
And whereas due notice of the mortgage in manner hereinafter contained has been given accordance with
the provisions of the rules relating thereto.
Now this indenture witnesseth that in consideration of the sum of Rs. . on or before the execution of these
presents paid-to the mortgagor by the mortgagee (the receipt whereof the mortgagor doth hereby
acknowledge) the mortgagor doth hereby covenant with the mortgagee that the mortgagor will on demand
pay to the mortgagee the sum of Rs. .with interest therein as the rate of Rs. . per cent per annum.
And this indenture also witnesseth that for the same consideration the mortgagor doth hereby give and
grant unto the mortgagee a simple mortgage of all that piece or parcel of land situate in . and more
particularly described in the schedules hereunder written and which together with the meassuage tenement
erected thereof is commonly called or known as . to gether with all the buildings, godowns, trees,
commons, hedges, ditches, fences ways,water, water-courses, leberties, privileges, easements, advantages
and appurtenances whatsoever to the said piece or parcel of land meassuage and premises or any of them in
anywise appurtaining herebefore or hereafter to be occupied or enjoyed therewith and all the estate right
title interest property claim and demand whatsoever of the mortgagor into and upon the same premises and
the mortgagor doth hereby covenant with the mortgagee that the mortgagor will so long as any money shall
remain due on the security of these present keep all the messuages and buildings now existing or hereafter
to be erected on the said premises hereinbefore expressed and to be hereby granted, conveyed and assigned
in good and substantial repair insured against loss or damage by fire in the sum of Rs. .at least in some
office or offices approved by and in the name or names of the mortgagee and will duly and punctually pay
all premiums and sums of money, necessary for such purpose and for keeping such insurance on foot and
also all quit-rent assessment rates, taxed and other outgoings for the time being payable in respect or
charged upon the said premises or any of them and will forthwith deliver to the mortgagee the policy or
policies of insurance and the receipt for every sum payable as aforesaid and that if default shall be made in
keeping the said buildings so repaired or in effecting or keeping on foot such insurance or in payment of
any such quit-rent, assessment, rates, taxes and other outgoing as aforesaid or in so delivering any policy or
policies or receipt as aforesaid it shall be lawful for but not incumbent upon the mortgagee to enter into and
upon the said premises and put the same into proper and substantial repair or (as the case may be) to insure
and keep insured said buildings in any sum not exceeding the amount aforesaid and to pay the premiums
and all expenses incurred in so doing or (as the case may be) any such quit-rent assessment, rates, taxes or
other outgoings as aforesaid and further that the mortgagor will forthwith repay to the mortgagee all such
premiums, expenses and other moneys with interest thereon at the rate aforesaid from the time of each
payment and that until repayment the hereby mortgaged premises shall stand charged with the amount to be
repaid and interest thereon at the rate aforesaid and that all moneys received in respect of any insurance
shall at the option of the mortgagee be applied either in reinstating or restoring the buildings insured or in
or towards payment of the moneys for the time being owing on the security of these presents and the
mortgagor doth hereby covenant with the mortgagee that the mortgagor now hath power to give and grant a
simple mortgage unto the mortgagee and it is hereby expressly agreed and declared that should the
properties described in the schedule hereto prove insufficient when sold to satisfy the amount due under
this mortgagor will be personally liable for the amount for time being due and owing under this mortgage.
In witness whereof the mortgage signed and affixed the common seal on the day and year first above
written.
The Schedule above referred to
All that piece or parcel of land premises situated in the village of. in the registration sub district of . in the
registration district of . and bounded on the north by . on the east by . on the south by . and on the west by .
bearing resurvey No. and old survey No. .containing on the whole by a admeasurement (be the same more
or less) . Signed by the Chairman of the Municipal Council of . Municipality . in the presence of . The
common seal of the Municipal Council of . Municipality was hereunto affixed in the presence of .
Form 2(d) FORM
FORM
FORM 2(d)
Transfer by Gift
This Indenture made the . day of .19 .between the Municipal Council of . Municipality constituted under
the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965) (hereinafter called the donor' which
expression shall where the context so admits in include its successors and assigns) of the one part and Sri .
son of . residing at . (hereinafter called-"the donee" which expression shall where the context so admits
include his heirs, executors, administrators and legal representatives and assigns) of the other part.
Whereas the donor is well and sufficiently entitled free from encumbrances to the piece of land and
premises hereinafter described and intended to be hereby granted conveyed and assigned;
And whereas the donor has agreed to transfer the said piece of land and premises to the donee as a gift to be
used for the purpose of . subject to the payment by the donee of all existing and future taxes charges
assessment and ground-rent in respect of the same and the donee has agreed to accept the said piece of and
and premises subject to the said conditions.
And whereas the said piece of land and premises is of the value of Rs. . for the purpose of stamp duty;
And whereas the Collector of . district by an Order No. . date the . day of . has sanctioned the gift of the
property hereinafter contained:
And whereas due notice of the gift in the manner hereinafter contained has been given in accordance with
the provisions of the rules relating therein.
(And where as the Government of Andhra Pradesh have also by an order No. . dated the . day of . have
sanctioned the gift of the property hereinafter contained).
Now this Indenture witnesseth as follows-I:- That the donor doth hereby give, grant, convey and assign
unto the donee who hereby accepts the same all that piece of parcel of land bearing Survey No. . situated in
the village of . in the registration sub-district of . in the registration district of . and more particularly
described in the schedule-hereunder written together with all buildings, trees, commons, hedges, ditches,
fences, ways,waters,water-cources, liberties, privileges, easements, advantages and appurtenances
whatsoever to the said piece or parcel of land buildings and premises or any of them in anywise
appertaining or heretofore occupied or enjoyed therewith. And all the estate right title interest property
claim and demand whatsoever, of the donor into and upon the same premises to have and to hold the said
piece or parcel of land premises here by granted, conveyed and assigned unto the donee for every-and the
donor doth hereby covenant with the donee that the donor now hath good right to grant, convey and assign
the premises hereby granted,conveyed and assigned unto the donee in manner aforesaid. And that the donee
shall and may at all times hereafter peaceably and quietly possess and enjoy the said premises, free from all
encumbrances whatsoever without any lawful eviction interruption claim or demand whatsoever from or by
the donor and further that the donor and all persons having or lawfully or equitable claiming any estate or
interest in the said premises or any part thereof from under in or trust for the donor shall and will fromtime
to time at all times hereafter at the request and cost of the donee do execute and register or cause to be done
executed and registered all such acts deeds and things whatsoever for further and more perfectly assuring
the said premises and every part thereof unto the donee in manner aforesaid or as shall or may be
reasonably required and the donee doth hereby covenant with the donor that he will at all times hereafter
bear, pay and discharge all existing and future taxes, charges or assessments payable in respect of the
aforesaid land and premises inclusive of the ground rent or assessment of Rs. .................. or any other sum
that may from time to time be levied as such upon the piece or parcel of land by the Collector of the district
on behalf of the Central Government or the Government of Andhra Pradesh.
II. The donee in token of the acceptance of the gift has also signed this deed.
In witness whereof the common seal of the Municipal Council of Municipality, the donor has hereunto
affixed and the donee hath hereunto set his hand and seal the day and year first above written.
All that piece or parcel of land and premises situated in the village of. . in the registration sub-district of . in
the registration district of . and bounded on the north by . on the south by . on the east by .and on the west
by . bearing Survey No.and containing on the whole by admeasurement or thereabouts.
Signed by the Chairman . Municipal Council . in the presence of .
Signed sealed and delivered by the above named in the presence of.
witnesses .
The common seal of the Municipal Council.Municipality was.hereunto affixed in the presence
of.Signed.Donee.
SCHEDULE 3 SCHEDULE
Form 3(a) FORM
FORM
FORM 3(a)
Transfer of lease
[See Rule 5(2)]
This indenture made . day of 19-between the Municipal Council of . Municipality, constituted under the
Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965) hereinafter called the "the lessor" which
expression where the context so admits, shall mean and include its successors and assigns) of the one part
and . son of . residing at . and carrying on business as . (hereinafter called the "lessees" which expression
where the context so admits shall include his heirs, executors, administrators, legal representatives and
permitted assigns) of the other part.
Whereas the lessee has applied to the lessor for a lease of the property more particularly described in the
first scheduled hereto for the period and at the rate of rent and subject to the terms conditions hereinafter
contained.
And whereas the lessor has agreed to grant a lease of the said property in the manner hereinafter contained:
And whereas, the Collector of . district by an on Order No. dated .day of .has sanctioned in the second
schedule hereto.
And whereas due notice of the lease of the property has been given in accordance with the provisions of the
rule relating thereto.
Now this Indenture Witness
1. That in consideration of the rent hereby reserved and of the convenants by the lessee herein contained
the lessor demises unto the lessee all that piece or parcel of land together with the building and premises
known as .situate in the registration sub-district of . bearing Survey No. . for the term of . years from the .
day of.19.paying therefor in advance the monthly rent of Rs. . clear of all deductions the first of such
payments to be made on the day . of . 19.
2. The lessee covenants with the lessor as follows:- (1) To pay the reserved rent on or before the first day of
each month in advance in manner aforesaid and be subject to all the rules concerning the lease as contained
in the rules for acquisition and transfer of immovable properties by Municipal council.
(2) To bear, pay and discharge all existing and future charges assessments and outgoings payable in respect
of the said premises inclusive of the ground rent of Rs. . or any other sum that may from time to time be
levied as such upon the piece or parcel of land by the Collector of District.on behalf of the Central
Government or the Government of Andhra Pradesh.
(3) To keep the exterior and the interior of the demised premises and, all additions thereto and the boundary
walls and fences thereof and the rains soil and other pipes and sanitary water apparatus and electric fittings
and fixtures thereof in good and tenable repair and condition.
(4) Not to make or permit to be made under any circumstances any alterations in or additions to the
demised buildings without the previous consent in writing of the lessor or its duly authorised officers
provided always that if the lessee is permitted to make any alterations by the lessor or its duly authorised
officers the lessee shall not be entitled to any compensation therefor.
(5) To permit the lessor and its authorised officers or agents with or without workmen or others at all
reasonable time on giving one days' previous notice to enter upon the demised premises and to view the
conditions thereof and upon notice being given by the lesser or its authorised officers to repair within one
month from the service of the notice in accordance therewith.
(6) To observe and fulfil the terms and conditions prescribed by the Collector of district and contained in
the second schedule hereto annexed.
(7) Not to assign underlet or part with the possession of the demised premises or any part thereof without
first obtaining written consent of the lessor or its authorised officers.
(8) To yield up the demised premises premises with all fixtures and additions thereto at the determination
of tenancy in good and tenantble repair and conditions in accordance with the convenants herein contained.
3. The lessor covenants with the lessee as follows :- (1) The lessee paying the rent hereby reserved and
observing and performing the several covenants and stipulations herein on his part contained shall
peaceably hold and enjoy the demised premises during the said terms without any interruption by the lessor
or any person rightfully claiming under or in trust for him.
(2) To carry out all repairs to main walls, roof and foundations due to fix, reasonable water and tear, the
decision of the Executive Engineer (Public Health) for the time being of the division as to the necessity for
such repairs being final.
4. Provided always and it is hereby expressly agreed by and between the parties hereto as follows:- (1) If
the rent hereby reserved or any part thereof shall be unpaid for 14 days after becoming payable (whether
formally demanded or not) or if any covenant on the lessee's part herein contained shall not be performed
or observed or if the lessee or other person in whom for the time being the term hereby created shall be
vested shall become insolvent then and in any of the said cases it shall be lawful for the lessor or its
authorised officers at any time thereafter to re-enter upon the demised premises or any part thereof in the
name of the whole and there upon this demise shall absolutely determine but without prejudice to the right
of action of the lessor in expect of the breach of any of the lessee's covenants herein contained.
(2) If at any time it appears to Collector of district or the lessor (whose decision shall be final) that it is
necessary in the public interest to determine the lease it shall be lawful for the said Collector or the lessor
forthwith to cancel this lease by notice in writing addressed to the lessee at his last known place of
residence and thereupon this demise shall absolutely determine and the lessee shall not be entitled to any
compensation whatsoever in respect of such determination except proportionate abatement of any rent that
may have been paid by the lessee in advance.
In witnesses whereof the common seal of the Municipal Council of . Miunicipality, the lessor has hereunto
affixed and the lessee hath hereunto set his hand and seal the day and year first above written.
The first schedule above referred to
All that piece or parcel of land and premises situated in the village of . in the registration sub-district of .
the registration district of . and bounded on the north by . on the south by . on the east by . and on the west
by . bearing Survey No. . and Door No. . and containing on the whole by admeasurement be the same more
or less.
The second schedule above referred to
Conditions imposed by the Collector . District in accordance with the rule made by the Government of
Andhra Pradesh under Sub-section (5) of Section 193 of the Andhra Pradesh Municipalities Act 1965.
Signed by the Chairman of the Municipal Council of . in the presence of.
The common seal of the Municipal Council of . Municipality was hereunto affixed in the presence of
Signed, sealed and delivered by the above named in the presence of
Witnesses.
1..
2..
Form 3(b) FORM
FORM
FORM 3(b)
Transfer by Lease
This Indenture made . day of . 19 . between the Municipal Council . Municipality constituted under the
Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965) (hereinafter called the "lessor" which expression
where the context admits shall include its successors, representatives and assigns] of the one part, and . son
of . residing at . and carrying on business as . (hereinafter called "the lessee" which expression where the
context admits shall include his heirs, executors, administrators, legal representatives and permitted
assigns) of the other part.
Whereas the lessee has applied to the lessor for a lease of the property more particularly described in the
first schedule hereto for the period and at the rate of rent and subject to the terms and conditions hereinafter
contained and whereas the lessor has agreed to grant a lease of the said property in manner hereinafter
contained.
And whereas the Collector of . District by an Order No. . dated . day of .has sanctioned the lease of the
property on and subject to the special conditions contained in the second schedule hereto.
And whereas due notice of the lease of the property has been given in accordance with the provisions of the
rules relating thereto.
Now this indenture witnesseth as follows:
1. In consideration of the rent hereby reserved and of the covenants, by the lessee herein contained the
lessor demises into lessee, all that piece of land forming part of the road side/street margin and more
particularly described in the schedule attached hereto for a term of . years from the day .19 . of paying
therefor in advance the monthly rent of Rs. . clear of all deductions the first of such payments to be made
on the . day of . 19.
2. The lessee covenants with the lessor as follows:-
(1) To pay the reserved rent on or before the 1st day of each month in advance and in manner aforesaid and
be subject to all the rules covering the lease as contained in the rules for acquisition and transfer of
immovable properties by Municipal Councils.
(2) To bear, pay and discharge all existing and future taxes, charges, assessments and outgoings payable in
respect of the demised land (inclusive of the ground rent of Rs. . or any other sum that may from time to
time be levied as such upon the piece or parcel of land by the Collector of the district on behalf of the
Central Government or the Government of Andhra Pradesh).
(3) To keep the demised land in good condition.
(4) Not to make or permit to be made under any circumstances any alterations in or additions with demised
land without the previous consent in writing of the lessor or its duly authorised officers provided always
that if the lessee is permitted to make any alterations by the lessor or its duly authorised officers the lessee
shall not be entitled to any compensation therefor.
(5) To permit the lessor and its authorised officers or agents with or without workmen at all reasonable
times on giving on day's previous notice to enter upon the demised land and to view the condition thereof.
(6) To use the demised land only for the purpose for which it is leased.
(7) Not to assign or under-let or part with the possession of the demised land or any part thereof without
first obtaining the written consent of the lessor or its authorised officers.
(8) To yield up the demised land in good condition in accordance with the covenants herein contained.
3. The lessor covenants with the lessee that the lessee paying the rent hereby reserved and observing the
performing the several covenants and stipulations herein on his part contained that peaceably hold and
enjoy the demised land during the said term without any interruption by the lessor or any person rightly
claiming under or in trust for the lessor.
4. The lease is liable to be terminated at any time within the period of the lease without payment of any
compensation to the lessee if in the opinion of the lessor or the District Collector, it is necessary in the
public interest to remove, any structure erected on the demised land.
5. If the rent hereby reserved or any part thereof is not paid whether formally demanded or not in
accordance with the stipulation herein contained or if any covenant on the lessee's part herein contained
shall not be performed of observed or if the lessee or other person in whom for the time being the term
hereby created shall be vested shall become insolvent then and in any of the said cases it shall be lawful for
the lessor or its authorised officers at any time thereafter to re-enter upon the demised land or any part
thereof in the name of the whole and thereupon this demise shall absolutely determine but without
prejudice to the right of action of the lessor in respect of the breach of any of the lessee's covenants herein
contained.
6. On the expiry of the period for which the lease is granted, unless the lease is renewed by the lessor or
when the lease is terminated under Clause 4, the lessee is bound to remove all the structures existing on the
demised land. If the lessee fails to remove the structures within the time stipulated in the notice the lessor
shall be at liberty to cause the same to be removed without notice to the lessee and the lessee hereby makes
himself liable for the costs of such removal and the lessee shall not claim any compensation for the
structure so removed or for any damage or loss caused by such removal.
7. In witness whereof the common seal of the Municipal Council of . Municipality, the lessor has hereunto
affixed and the lessee hath hereunto set his hand and seal the day and year . first above written.
The first schedule above referred to
All that piece or parcel of land and premises vested in the lessor situated in the village of . in the
registration sub-district of . registration District of.and bounded on the North by . and on the West by .
South by . East by . bearing Survey No.and Door No. and containing on the whole by admeasurement . (be
the same more or less.
The second schedule above referred to
Conditions imposed by the Collector of . district in accordance with the rules made by the Government of
Andhra Pradesh under Sub-section (5) of Section 193 of the Andhra Pradesh Municipalities Act, 1965.
Signed by the Chairman of the Municipal Council of Municipality in the presence of. ..
Witnesses.
1...
2...
The common seal of the Municipal Council of . Municapality was hereunto affixed in the presence of .
Signed, sealed and delivered by the above named in the presence
Witnesses
1...
2...
Form A FORM
FORM
FORM A
[See Sub-rule (3) of rule 8]
Notice
It is proposed by the Municipal Council . to transfer by sale/by mortgage/by exchange/by gift the property
belonging to vested in/the municipal council as defined in the Schedule in favour of Sri . resident of . by
public auction . for a Consideration of Rs. . (in case of sale or mortgage) . for a term of . years at the rate of
Rs. . as rent per mensem/per annum (in case of lease).
Any objections received within thirty days by the undersigned from the date of publication of the notice
will be considered by the municipal council.
SCHEDULE
All that piece or parcel of land premises situated in the village . in the registration sub-district of . in the
registration . and bounded on the north . on the south by ................................ on the east by . and on the
west by . bearing resurvey No.old Survey No. ............................... and containing on the whole by
admeasurement (be the same, more or less).
Signed, sealed and delivered by the above named in the presence of .Commissioner.]
ANDHRA PRADESH MUNICIPALITIES (APPOINTMENT OF STANDING COUNSELS,
PAYMENT OF FEES AND TRAVELLING ALLOWANCES AND PROCEDURE FOR FILING OF
APPEAL IN CIVIL CASES) RULES, 1968
In exercise of the powers conferred by Sub-section (1) of Section 326 of the Andhra Pradesh Municipalities
Act, 1965 (Act 6 of 1965), the Governor of Andhra Pradesh hereby makes the following rules for the
appointment of standing counsels, payment of fees, etc., and procedure for filing of appeals in civil cases,
the same having been published at pages 63-65 of the Rules Supplement of part I of the Andhra Pradesh
Gazette, dated 24th February, 1966, as required under clauses (a) and (b) of Sub-section (1) of Section 327
of the said Act.
Rule 1 Rule
These rules may be called the Andhra Pradesh Municipalities (Appointment of standing Counsels, payment
of Fees and travelling Allowance and Procedure for Filling of Appeals in Civil Cases) Rules, 1968.
Appointment of Standing Counsel
Rule 2 Rule
(1) A municipal council may appoint a standing counsel on a fixed remuneration per month as retaining fee
for a term not exceeding three years at a time for giving legal advice and for rendering services out of court
in connection with the legal affairs of the municipality and for attending civil and criminal cases where the
engagement of a counsel is necessary. The council may appoint him for a second time if his work has been
found satisfactory without calling for applications as laid down in Sub-rule (3).
(2) The approval of the Director of Municipal Administration shall be obtained for the rate of retaining for
proposed to be paid to the standing counsel.
(3) When a standing counsel is to be appointed the Commissioner of the municipal council shall invite
applications from the members of the local bar of not less than 7 years standing by sending a notice in this
behalf of the President of Local Bar Association; and the council shall appoint its standing counsel from
among the applicants. In the absence of qualified and suitable candidates for such appointment, the
Municipal Council may in like manner invite applications for a second time and appoint its standing
counsel.
Explanation:- The expression "Local Bar" shall in respect of any municipality which is not a seat of Civil
Court mean the barat the place which is a seat of the civil court having jurisdiction over the municipal town
concerned.
Provided that such sanction shall be necessary where a counsel is engaged to appear at a station different
from that where the standing counsel usually practises, and the expenditure incurred in less than what it
would have been if the standing counsel had been engaged.
Provided further that where the courts do not fix the fee in respect of cases outstanding on the date on
which the outgoing standing counsel cases to function, the municipal council shall apportion the fee
between outgoing and incoming counsel as per principles laid down in G.O.Ms.No.1589, Home, (Courts),
dated 13th May 1953 as amended from time to time. In case of any doubt, the council may refer the matter
to the Government whose decision shall be final.
Rule 3 Rule
Where a municipal council has appointed a standing counsel it shall have an agreement executed by him in
the form specified in the Annexure. provided that if any modification is considered necessary in any of the
clauses of the said agreement, such modification shall be made with the approval of the Director of
Municipal Administration.
Rule 4 Rule
No person who has been appointed by a municipal council as its standing counsel {x x x x} shall be
retained in its service after he has attained the age of 60 years, or if he accepts employment as legal
practitioner against the municipal council. Payment of Fees to the Counsel
Rule 5 Rule
A Municipal Council may pay less to a counsel without outside sanction in accordance with the following
scales,
(i) in civil cases the regulation fee; and
(ii) in criminal cases:- A fee to be fixed with reference to the amount and difficulty involved in the work
entrusted, subject to a maximum as detailed below:- Duration and nature of work
Maximum fees allowable
(1)
(2)
Rs.
(a) For work of over 3 hours in the court which is situated within the municipal limits.
25 per day
(b) For appearing in a court outside the municipal limits irrespective of the fact whether time taken is 3
hours or not.
25 per day
(c) For work of less than 3 hours in the court situated within municipal limits
15 per day
(d) For attending to more than one case on the same day in a court outside the municipal limits.
35 per day
(e) For attending to more than one case on the same day in the same court within the municipal limits.
30 per day
Rule 6 A municipal council may with the approval of the Director of Municipal Administration pay
up to Rs.100 to any Advocate other than the Standing Counsel
(i) in each case for work done in examining records and for services rendered out of court provided that no
suit or case is instituted or defence entered in continuation of such examination or of such services and
where such suit or case is instituted or defence entered, the total fees payable to the counsel for the work
done in examining the records, for services rendered out of court and for work in court shall not exceed
Rs.100 or the fee payable under rule 5, whichever is higher; and
(ii) in each case which the subject matter of the claim does not admit of valuation.
Rule 7 Rule
Nothing in rules 5 and 6 shall be deemed to restrict the amount payable in special cases, but when the limits
fixed in the said rules are proposed to be exceeded, the prior sanction of the Director of Municipal
Administration shall be obtained.
Rule 8 Rule
The provisions of Rules 5 to 7 shall apply also in respect of payment of fees by the Commissioner {x x x
x} of municipalities, in cases in which they obtained legal advice and assistance from the counsel
Rule 9 Rule
Where the Government and a municipal council are both parties in a civil case in which the correctness of
the survey of lands vested in the municipal council is in question and the interest of both are identical the
municipal council shall engage on its behalf only the counsel appointed by the Collector on behalf of the
Government. In such cases, the fee payable to the counsel shall be borne by the Government and the
municipal council in equal proportion.
Rule 10 Rule
In civil cases other than those mentioned in Rule 9 where the Government and a municipal council are both
parties and their pleadings are similar, the Municipal council shall engaged on its behalf only the counsel
appointed by the Collector on behalf of the Government. In such cases, the fee payable to the counsel and
any expenses incurred after the proceedings on behalf of the Government and the municipal council
became joint and in furtherance of such joint proceedings, shall be borne by the Government and the
municipal council in equal shares.
Rule 11 Rule
In case where the Government and the municipal council are both parties and payment of costs to the
decree-holders in ordered by a Court the expenditure shall be borne by the Government and the Municipal
Council in the ratio to be fixed by the Government. Procedure for filing of appeals in civil cases
Rule 12 Rule
Whenever a municipal council proposes to file an appeal against the decision of a civil court, the municipal
council shall,
(i) where the Government are not a party, or where they are a party and their interests are not adverse to
those of the municipal council, obtained the opinion of (a) the Government Pleader of the district, if the
appeal is to a muffassal court, and (b) of the Government Pleader, Hyderabad if the appeal is to appeal is to
the High Court or to the Supreme Court;
(ii) where the Government are a party and their interest are adverse to those of the municipal, council
obtain the opinion of any pleader other than the Government Pleader of the district or the Government
Pleader, Hyderabad besides the opinion of standing counsel as to whether they are sufficient grounds for
filing the appeals and its shall not file appeal unless so advised by the Government Pleader, or other
Pleader, as the case may be.
Rule 13 Rule
A Municipal Council may pay fees to the Government Pleader or other pleader as the case may be upto
Rs.100 in each case for the opinion referred to in Rule 12 and may, in special cases, with the previous
sanction of the Director of Municipal Administration pay a higher fee. If the Government Pleader or other
pleader is entrusted with the filing and conduct of the appeal in court, the total fee payable to him for the
opinion and for the filing and conduct of the appeal shall not exceed Rs.100 or the regulation fee,
whichever is higher, except with the previous sanction of the Director of Municipal Administration.
Rule 14 Rule
(1) A Municipal Council may, without outside sanction, pay the travelling allowance to counsel for to and
for journey made by them to conduct cases in court on behalf of the councils at rates not exceeding the
following:-
(a) a single second class fare for journeys by railway;
(b) actual fare paid for journey by public transport; and
(c) twenty-five paise per kilometre for journeys by road to places not connected with railway or public
transport.
(2) No daily allowance shall be paid by municipal councils in respect of such journeys without the sanction
of the competent authority mentioned in Rule 15 below.
Rule 15 The previous sanction of the Director of Municipal Administration shall be obtained
whenever a municipal council proposes to pay
(a) travelling allowance to a counsel in excess of the amount admissible at the rate specified in Rule 14
above; or
(b) any daily allowance to him.
Rule 16 Rule
(1) Where the institution of a suit or appeal has become necessary and is advised by the counsel, the
authorities concerned with the subject matter are competent to institute or file the suit or appeal.
(2) In case where the Commissioner or council differs with the opinion of the counsel and refuse to proceed
with further action as per the advice of the counsel, the commissioner shall immediately report the matter to
the Government whose decision shall be final.
Rule 17 Rule
No Municipal Council shall without the previous sanction of the Government incur any expenses in
connection with any appeal against surcharge certificate issued by Auditor against the Chairperson or any
member.
Rule 18 Rule
Notwithstanding anything contained in these rules, the Government, shall have the power to appoint the
Standing Councels for the Municipalities in respect of the Civil Cases before the High Court, the Andhra
pradesh Administrative Tribunal and the Supreme Court, subject to the terms and conditions applicable for
the appointment of the Government Pleaders.}
ANNEXURE 1 Form of Agreement
ANNEXURE
ANNEXURE
Form of Agreement
Agreement entered into this ....................... day ............................ 19.............. between .............. son of
.............. Advocate residing at ..............................( hereinafter called the standing counsel)) of the first part
and the .................. Municipal Council (hereinafter called the municipal council) of the other part.
Whereas the municipal council appointed ........................... the party of the first part as its standing counsel
in its proceedings ................................. dated ..................... on the terms set forth herein below.
Now this agreement witnesseth that it was been agreed between the parties hereto as follows:-
(1) the standing counsel shall be paid a fixed fee of Rs. ................... per month and shall in consideration
thereof--
(a) give studied, and written opinion on all the matters referred to him by the Commissioner of the
Municipality (hereinafter called the Commissioner);
(b) draft all agreement required by the Commissioner;
(c) draft and issue lawyer's notices or reply to notices when so required by the Commissioner;
(d) advice the council, [x x x x] the Commissioner in matters in which his professional advice may be
sought and be available for consultation for the purpose.
(2) The standing counsel shall attend to all civil suits and proceedings, original or appellate, by or against
the municipal council and he shall be paid the regulation fee payable under the Legal Practitioners Fees
Rules.
(3) The Commissioner shall give instructions regarding the filing of execution petitions to the standing
counsel who shall then take necessary action in the matter with due promptitude.
(4) The standing counsel shall not be entitled to any allowance by way of establishment charges, stationery,
contingencies, etc. He may get papers typewritten by the typist employed in the municipal office.
(5) The standing counsel shall also attend to civil or criminal cases in which his presence may be required
by the Council , Executive Committee or the Commissioner and in such cases a reasonable fee will be fixed
for each case by the municipal council in accordance with Rule 5.
(6) In cases wherein the courts do not fix any fee at all in respect of the outstanding cases on which the
period of agreement expires, the municipal council shall apportion between the out- going and the
incoming standing counsels the fee or fees allowed by the court or the fee or fees fixed as per the principles
laid in Government Order (Ms.) No.1589, Home (Courts), dated 13 May 1954 as subsequently amended
from time to time. In case of any doubt the municipal council may refer to the Government whose decision
shall be final in either case, the fee to both the in-coming and outgoing standing counsels shall not exceed
the amount that would have been paid had only one standing counsel been engaged.
(7) The municipal council shall be at liberty to employ and engage any other counsel along with or instead
of the standing counsel.
(8) The standing counsel shall not appear against the municipal council except with the previous
permission of the council.
(9) If from illness or other unavoidable cause, the standing counsel is unable to attend the court on any date
when a case relating to the municipal council is being heard, he shall arrange for a competent substitute and
the travelling allowance and fee payable to him will be paid to his substitute.
(10) The standing counsel shall maintain regular and proper accounts for all moneys drawn or received by
him or remitted by him on behalf of the municipal council. the accounts shall be maintained in such form
and manner as may be specified by the Commissioner from time to time in this behalf and shall be
produced whenever required by the Commissioner.
(11) The standing counsel shall maintain suit registers in such form and manner as may be specified from
time to time in this behalf showing the suit filed by or against the municipal council with particulars
regarding the action taken thereon. The registers shall be produced whenever required by the
Commissioner.
(12) One calendar month's notice in writing shall be given by either party to the other in case it is desired to
terminate this agreement.
In witness whereof ....................................................... the standing counsel and ............ the Chairperson
............... municipality for and on behalf of the municipal council have hereunto set their hands and the seal
of the municipal council has hereunto been affixed.
Signed by the above named in the presence of ............
(1)
(2) Standing Counsel
Signed by the above named in the presence of
(1)
(2)
Chairman, Municipality.
The seal of the............Municipal Council was affixed in the presence of
(1)
(2)
ANDHRA PRADESH MUNICIPALITIES (DECISION OF ELECTION DISPUTES) RULES, 1967
In exercise of the powers conferred by clause (b) of sub-section (1) of Section 326 of Andhra Pradesh
Municipalities Act, 1965 (Andhra Pradesh Act 6 of 1965], the Governor of Andhra Pradesh hereby makes
the following rules for the decision of election disputes, the same having been previously published at
pages 55-60 of Rules Supplement to Part 1 of Extraordinary issue of the Andhra Pradesh Gazette, dated 7th
April, 1965 as required under clauses (a) and (b) of sub-section (1) of Section 327 of the said Act.
Rule 1
(1) Save as otherwise provided, no election held under the Andhra Pradesh Municipalities Act, 1965
whether of a Councillor, Chairman or Vice-Chairman, shall be called in question except by an election
petition presented in accordance with these rules to an Election Tribunal as defined by sub-rule (2) by any
candidate or elector against the candidate who has been declared to have been duly elected (hereinafter
called the returned candidate) or if there are two or more returned candidates against all to any of such
candidates.
(2) The Election Tribunal shall be -
(a) the Subordinate Judge having territorial jurisdiction over the Municipal area or if there is more than one
such Subordinate Judge, the Principal Subordinate Judge, or
(b) If there is no such Subordinate Judge, the District Judge having such jurisdiction;
Provided that an election petition may, on application be transferred-
(i) if presented to a Subordinate Judge under clause (a) by the District Judge, concerned to another
Subordinate Judge within his jurisdiction or to his own file; and
(ii) if presented to a District Judge under clause (b) by the High Court to another District Judge or to
Subordinate Judge in another district.
(3) Where an election petition is transferred to any subordinate or District Judge under the foregoing
proviso, such judge shall be deemed to be the Election Tribunal.
(4) An Election Tribunal exercising jurisdiction under these rules shall be deemed to exercise such
jurisdiction as a person a designata and not in his capacity as a judge of the Court over which he preside.
Rule 2
(1) The petition shall presented within fifteen days of the date of the declaration of the results of the
election.
Explanation:- If the Court of the Subordinate Judge or District Judge who is an Election Tribunal is closed
on the last of the Fifteenth day referred to in this sub-rule, the petition may be presented to the Election
Tribunal on the next day of the opening of such Court.
(2) The petition shall contain a statement in concise form of the material facts on which the petitioner relies
and the particulars of any corrupt practice which he alleges, and shall where necessary, be divided into
paragraphs numbered consecutively. It shall be signed by the petitioner and verified in the manner
prescribed for the verification of pleading under Code of Civil Procedure, 1908.
Rule 3
(1) If the irregularities alleged in the petition are likely to affect validity of the election of more than one
returned candidate, the petitioner shall join as respondents to his petition all such returned candidates.
(2) A petitioner may claim any of the following declarations:-
(a) that the election of the returned candidate is void;
(b) that the election of the returned candidate is void and that he himself or any other candidate has been
duly elected and in such case he shall join as respondents to his petition all other candidates who were
nominated for the election but had not withdrawn before the polling; and
(c) that the election as whole is void.
Rule 4
(1) At the time presentation of the petition, the petition shall deposit with it, as security for the cost of the
same, (i) a sum of five hundred rupees in the case of election of Chairman; and (ii) a sum of one hundred
rupees in any other case.
Explanation:- Where the election of more than one returned candidate is called in question, a separate
deposit shall be made in respect of each such returned candidate.
(2) If the provisions of sub-rule (1) are not complied with, the Election Tribunal shall dismiss the petition.
(3) Upon compliance with the provisions of sub-rule (1) the Election Tribunal shall proceed to inquire into
the petition.
Rule 5
The Election Tribunal shall, as soon as may be cause a copy of the petitioner to be served one each
respondent and on the Chairman of the municipal council concerned and the Election Authority. Copies
shall also be affixed to the notice board of the court over which the Election Tribunal presides in his
capacity as a judge and of the municipal office. The Election Tribunal may also call on the petitioner to
execute a bond for such amount and with such sureties as he may require for the payment of any further
costs. Any candidate not already a respondent shall upon an application made to the tribunal within
fourteen days after such publication of the notice shall be entitled to be joined as a respondent on furnishing
similar such security as may be demanded by the Election Tribunal.
Rule 6
Every election petition shall be inquired into by the Election Tribunal as nearly as may be in accordance
with the procedure applicable under the Code of Civil Procedure, 1908, to the trial of suits:
Provided that it shall only be necessary for the Election Tribunal to make a memorandum of the substances
of the evidence of any witness examined by him.
Provided further that the Tribunal shall have the discrection to refuse, for reasons to be recorded in writing,
to examine any witness if it is of the opinion that their evidence is not material for the decision of the
petition or that the party tendering such evidence is doing so on frivolous grounds or with a view to delay
the proceedings.
Provided also that no witness or other person shall be required to state for whom he has voted at an
election.
Explanation:- The Election Tribunal shall have the powers which are vested in a Court under the Code of
Civil Procedure, 1908, while trying a suit in respect of the following matters:-
(a) discovery and inspection;
(b) enforcing the attendance of witness and requiring the deposit of their expenses;
(c) compelling the production of documents;
(d) examining witness on oath;
(e) reception of evidence taken on affidavit; and
(f) issuing commissions for examination of witnesses and may summon and examine suo motu any person
whose evidence appears to him to be material; and shall be deemed to be a civil court within the meaning
of Sections 480 and 482 of the Code of Criminal Procedure, 1898 (V of 1898).
Rule 7
(1) No election petition shall be withdrawn without, the leave of the Election Tribunal.
(2) If there are more petitioner than one, no application to withdraw a petition shall be made except with
the consent of all the petitioners.
(3) When an application for withdrawal is made, notice thereof fixing a date for the hearing of the
application shall be given to all other parties to the petition and shall be published in the manner specified
in Rule 5.
(4) If the application is granted-
(a) the petitioner shall be ordered to pay the cost of the respondent therefor incurred or such portion thereof
as the Election Tribunal may think fit, and.
(b) such withdrawal shall be communicated to the Chairman of the municipal council concerned and the
Election Authority and also the other respondents by the Election Tribunal.
(5) Any order made by the Election Tribunal regarding the costs of the inquiry shall be executed in the
same manner and by the same procedure as if it were a decree for the payment of money made by the
Election Tribunal in its capacity as the Judge of a Court.
Rule 8
(1) An election petition shall abates only on the death of sole petitioner or of the survivor of several
petitioners.
(2) Where an election petition abates under sub-rule (1) the Election Tribunal shall cause the fact to be
published on the District Gazette.
(3) Any person who might himself have been a petitioner may, with in fourteen days of such publication,
apply to be substituted as petitioner and upon such compliance with the conditions, if any, as to security,
shall be entitled to be so substituted and to continue with proceedings upon such terms as the Election
Tribunal may think fit.
Rule 9
Where at any inquiry into an election petition any candidate other than a returned candidate claims the seat
for himself, the returned candidate or candidates or any other party to the proceedings may produce
evidence to prove that the election of such candidate would have been void if he had been a returned
candidate and a petition had been presented complainting of his election.
Rule 10
(a) a returned candidate, his agent or any other person with the connivance of such candidate or agent, has
committed or abated the commission of any election offence falling under Section 18 of the Act or under
Chapter IX-A , of the Indian Penal Code, or
(b) the election of a returned candidate has been procured or induced or the result of the election has been
materially affected by any of the following corrupt practices:-
(i) any election offence falling under Section 18, of the Act or under Chapter IX-A of the Indian Penal
Code when committed by a person who is not a candidate or his agent or a person acting with the
connivance of a candidate or his agent;
(ii) any payment or promise of payment to any person whomsoever on account of the conveyance of any
elector to or from any place for the purpose of recording his vote;
(iii) The hiring, employment, borrowing or using for the purposes of the election of any boat, vehicle or
animal usually kept for letting on hire or for the conveyance or passengers by hire;
Provided that any elector may hire any boat, vehicle of animal of use any boat, vehicle or animal which is
his own property to convey himself to/or from the place where the vote is recorded; and
(iv) the hiring, using or letting, as a committee-room or for the purpose of any meeting to which electors
are admitted of any building, room or other place where intoxicating liquor is sold to the public; or
(c) the result of the election has been materially affected by any irregularity in respect of a nomination
paper or by the improper reception or refusal of a nomination paper or vote or by any non-compliance with
the provisions of the Act or the Rules made thereunder. The election of such returned candidate shall be
void;
Provided that, if the Election Tribunal is of opinion that, any corrupt practice specified in clause (b) of this
rule which does not amount to any form of bribery other than treating as hereinafter explained has been
committed and if the Election Tribunal is further of opinion that the candidate has satisfied him, that;
(a) no corrupt practice was committed at such election by the candidate and that any corrupt practices
committed were committed contrary to the orders and without the sanction or connivance of such
candidate;
(b) such candidate took all reasonable means for preventing the commission of corrupt practices at such
election;
(c) the corrupt practices committed were of trivial, unimportant and limited character; and
(d) in all other respects the election was free from any corrupt practice on the part of such candidate or any
of his agents; then the Election Tribunal may find that the election of such candidate is not void.
Explanation:- For the purposes of this rule treating' means the incurring in whole or in part by any person
of the expense of giving or providing any food, drink, entertainment or provision to any person with the
object, directly or indirectly, of inducing him or any other person to vote or refrain from voting or as a
reward for having voted or refrained from voting.
Rule 11
(1) The Election Tribunal shall as far as possible within fourteen days of the conclusion of the enquiry, by
order declare whether the election of the returned candidate or candidates is void under Rule 10;
(2) If the Election tribunal declares the election of that returned candidate or candidate as void, it shall
further pass on order, either-
(a) declaring the petitioner or any other candidate as duly elected; or
(b) ordering a fresh election:
(3) The order of the Election Tribunal under sub-rules (1) and (2) shall be final.
(4) A copy of every order under sub-rule (1) or sub-rule (2) shall be communicated to the Commissioner of
the Municipal Council concerned and the Election Authority.
Rule 12
When an election is declared void under sub-rule (1) of Rule 11 and a fresh election is ordered under clause
(b) of sub-rule 2 of that rule, the seat of the returned candidate or the seats of the returned candidates, as the
case may be, shall be deemed to be vacant from the date of the order of the Election Tribunal and the
authority concerned shall forthwith take necessary steps for holding such fresh election.
ANDHRA PRADESH MUNICIPALITIES (CLASSIFICATION OF RECORDS AS
CONFIDENTIAL OR SECRET) RULES, 1965
In exercise of the powers conferred by Clause (a) of Sub-section (1) of Section 326, read with proviso to
Sub-section (3) of Section 53 of the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965), the
Governor of the A.P. hereby makes the following rules for the classification of municipal records as
confidential or secret, the same having been previously published at page 78 of Rules Supplement to Part I
of the Andhra Pradesh Gazette dated 29th April, 1965 as required under Clauses (a) and (b) of sub-section
(1) of Section 327 of the said Act.
Rule 1
These rules may be called the Andhra Pradesh Municipalities (Classification of Records as Confidential or
Secret) Rules, 1965.
Rule 2 In these rules
(1) 'Act' means the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965);
(2) 'Government' means the Government of Andhra Pradesh;
(3) 'Section' means the section of the Act.
Rule 3
The following records are classified as confidential or secret records of a municipality:-
(1)
(a) all files relating to establishment i.e., appointments, transfers, promotions and punishments until final
orders are issued;
(b) personal files, i.e., the files containing the annual confidential reports of the municipal officers and
other employees;
(2) files relating to the division of wards upto the time the Government consults the council under Section
10:
(3) files relating to Election, right from the beginning until the results are published;
(4) files relating to the cases dealt with under the Prevention of Food Adulteration Act, (Central Act No.37
of 1954) until the stage of launching prosecution;
(5) all statements made, returns furnished, accounts or documents produced by any company or person in
connection with the assessment of profession tax;
(6) files relating to the disqualification of candidates under Section 16;
(7) files relating to the decision of the District Judge under Section 7;
(8) files relating to cases in which a member or his wife or any member of his family is interested;
(9) files which have been marked as confidential' by the Commissioner or the Chairperson, Municipal
Council, till the cases are disposed of finally; and
(10) such of the correspondence with the higher authorities and the Government which is marked
confidential or secret and all Government orders and orders of higher authorities which are marked
confidential or secret:
Provided that the Commissioner or the Chairperson shall, before marking files as Confidential' obtain the
approval of the Director of Municipal Administration, who shall communicate his orders within ten days of
the receipt of proposal from the municipality;
Provided further that pending receipt of orders from the Director of Municipal Administration, the
Commissioner or the Chairperson may treat the records as Confidential'.
ANDHRA PRADESH MUNICIPALITIES (ADVERTISEMENT TAX) RULES, 1967
ANDHRA PRADESH MUNICIPALITIES (ADVERTISEMENT TAX) RULES, 1967
Rule 1
These rules may be called the Andhra Pradesh Municipalities (Advertisement Tax) Rules, 1967.
Rule 2 Definitions
In these rules, unless the context otherwise requires:
(a) 'Act' means the Andhra Pradesh Municipalities Act, 1965
(b) 'Advertiser' includes any agent or owner or principal on whose behalf the advertisement is displayed,
the owner of any enterprise about which the advertisement is displayed or the owner of the structure of
place or building on which the Advertisement is made;
(c) 'Board' includes a case, frame or surface or any material whatsoever.
(d) 'Government' means the State Government;
(e) 'Month' means a calendar month;
(f) 'Person' Includes a Hindu undivided family, any company or association of body of individuals whether
incorporated or not;
(g) 'Schedule' means the Schedule annexed to these rules;
(h) 'Sign' means any word, picture, model, device or other presentation, in the nature of an advertisement,
announcement or direction, written, printed, prescribed, embossed or painted; and
(i) 'year' means the financial year.
PART 1 Assessment, Levy and Collection of Tax on Advertisements.
Rule 3 Tax on Advertisements
When the Municipal Council, with the sanction of Government determines to levy tax on advertisements
every person who erects, exhibits, fixes, or retains or displays upon or displays upon or over any Land,
building, wall, hoarding, or structure or upon or in any vehicle, any advertisement, or who displays any
advertisement to public view in any manner whatsoever, in any place whether public or private including
any advertisement exhibited to public view by means of cinamatograph shall pay for every advertisement
which is so erected, exhibited, fixed or retained or so displayed to public view, a tax calculated and
determined from time to time by the Municipal Council at such rates not exceeding and not falling below
the rates specified in the Schedule annexed to these rules:
Provided that no tax shall be levied under these rules on any advertisement which is exhibited in the
manner specified in the second and third provisions under Section 114 of the Act.
Rule 3A Display of Advertisements by proprietors of Cinema Houses
(a) No proprietor of a cinema house or any person incharge of the operation of a cinema house shall exhibit
any slide whether plain or coloured in his cinema house or premises unless he has paid a tax on such
advertisement at the rates specified in the Schedule and obtained prior written permission of the
Commissioner thereof.
(b) No proprietor of a cinema house or any person incharge of the operation of a cinema house shall screen
or cause to be screened by "Advertisement shorts" or display or cause to be displayed any advertisement
unless he has paid tax on such advertisement and obtained the prior written permission of the
Commissioner.
(c) Every proprietor of a cinema house or any person incharge of the operation of a cinema house shall
maintain separate for slides advertisement shorts' and Trailor Films' in such forms as the Government may
prescribe and keep them upto date for the inspection of the Commissioner and send or cause to be sent
monthly statements to the Commissioner. The Commissioner shall have access to the auditorium and such
other places where records are kept and maintained for the purpose of checking and verification of such
advertisements. It shall be obligatory on the part of the proprietor of a cinema house or any person incharge
of operation of the cinema house to extend all reasonable facilities for verification and checking of the
slides, advertisements shorts and trailors exhibited or displayed in such cinema house.
(1) Notwithstanding anything contained in any of the preceding rules, the Commissioner may identify the
places for erecting hoardings on Municipal sites, the number of places so identified should not exceed 300
in respect of Selection and Special Grade Municipalities, 200 in respect of First Grade Municipalities and
100 in respect of Second and Third Grade Municipalities. If extra number of Hoardings are required the
Commissioner may fix the number with the prior approval of Director of Municipal Administration.
(2) The Commissioner may also fix the number of hoardings to allowed on private properties which shall
not exceed 200 in respect of Selection and Special Grade Municipalities, 150 in respect of First Grade
Municipalities and 75 in respect of Second and third grade Municipalities. The Commissioner may lease
out the right to collect fees in respect of use of the above hoardings.
(3) The regulation for the lease shall be as follows
(a) the lease shall be through public auction or as the lease may be by calling tenders for the same;
(b) the advertising agents who have been registered under rule 19 of the rules alone shall be entitled to
participate in the bid;
(c) the period of lease shall not exceed three years;
(d) the permissible size of the hoardings shall be as provided in Rule 11(2);
(e) the lessee is empowered to collect the fees on the advertisements; as provided in the Schedule annexed
to the rules;
(f) the bidder shall deposit such amount as may be specified by the Municipal Commissioner before
participating the auction;
(g) the bidder shall produce a solvency certificate for such amount as may be specified by the Municipal
Commissioner either from an Officer of Revenue Department or the Commissioner of the Municipality;
(h) the lease shall be approved by the Municipal Council;
(i) the lessee shall within one week from the date of confirmation of the lease in his favour shall pay 1/3rd
of the lease amount as deposit;
(j) he shall pay the lease amount once in six months and such amounts may be paid in the months of April
and October of each year. The initial deposit amount paid by the lessee shall be adjusted towards the lease
amount for the third year;
(k) in the case of belated payment, penal interest at the rate of 2% per month shall be levied;
(l) in the case where the lessee fail to pay the lease amount, the Municipal Commissioner may re-auction
the right to collect fee, on the hoarding for the remaining period and in addition he may recover the loss if
any sustained thereby from the Original lessee.
(m) the lessee shall enter into an agreement and it shall be registered, and
(n) the lessee is responsible for the payment of rents if any to the owners on the hoardings erected on the
Private site.}
Rule 4 Procedure for obtaining permission of the Commissioner for erection, etc., of advertisements
(1) Every advertiser desiring to erect, exhibit, fix, retain, or display in advertisement to public view shall
submit or cause to be submitted to the Commissioner, not less than seven clear days before the
advertisement is to be displayed and in time before printing copies of advertisements or painting
advertisements or exhibiting them in any manner an application in duplicate duly signed in the form
prescribed in Annexure-I to these rules with all the particulars required herein together with a copy of the
matter to be advertised:
Provided that the Commissioner may, for reasons to be recorded in writing reduce the time limit referred to
above in special cases.
(2) The Commissioner shall within seven days from the date of receipt of the application intimate the
applicant the tax due on the intended advertisement provided the Commissioner approves of the
advertisement. The Commissioner may disapprove of an advertisement, among others on the ground that its
contents or the manner of its display are indecent or otherwise offensive to good taste or public sentiment.
(3) The original of the application shall be returned to the applicant immediately on payment of the tax with
instructions either to incorporate the permission number and date in the advertisement copies to be printed
for displaying within the Municipal limits or in the painting to be done, or to produce copies of
advertisement for stamping with the Municipalities stamp in token of the tax having been paid and the
advertiser shall carry out the instructions.
(4) Where submission of the application under Sub-rule (1) is impracticable, copies of the advertisements
proposed to be erected, exhibited, fixed, retained or displayed shall be produced before the Commissioner
along with the application for obtaining the requisite permission.
(5) If such advertisements is approved by the Commissioner, permission may be granted on payment of the
tax due in respect of such advertisement and the municipal stamp shall be affixed on all copies of such
advertisement in token of the tax having been collected.
(6) The production of the copies of advertisement for the purpose of affixing the Municipal stamp or the
incorporation of the permission number and date shall not be insisted upon in cases where the nature of the
advertisement does not admit of such production or incorporation.
Rule 5 Tax on advertisement when payable
The tax on advertisement shall be payable in advance after the Commissioner has approved the proposed
advertisement and before the permission is granted.
Rule 6 Payment of fees in addition to the advertisement tax for erecting, exhibiting, fixing, hanging,
retaining or displaying advertisements in or upon any public
For every advertisement erected, exhibited, fixed, retained, displayed in place or upon road sides and street
margins vested in the municipal councils or land belonging to it, separate fees or rent at such rates as may
be determined from time to time with the previous approval of the Council, wherever necessary, shall be
chargeable with reference to the space allotted and its significance in addition to the tax payable on
advertisements.
Rule 7 Tax on advertisements payable in full even for a fraction of a month
(1) Where the advertisement is not intended for the full year the tax will be collected on monthly basis at
1/12th of the amount fixed for the year.
(2) Full monthly tax shall be charged and collected even for a fraction or part of a month.
(3) In respect advertisement by shorts (including trailor films) referred to in item 7-A of the Schedule, to
the rules, where the advertisement is not intended for a full month, the tax shall be collected on weekly
basis at 1/48th amount fixed for a year:
Provided that, where the said advertisement is intended for less than a week, full weekly tax shall be
charged and collected even for a fraction or part of a week.
Rule 7B Tax on advertisements payable in full even for a fraction of a month
Advertisement Tax on Electronic media including Cable T.V. on advaloram basis at 10% on the rates
charged by the Advertisers.}
Rule 8 Commissioner may enter any place for purpose of inspection etc.
(1) The Commissioner shall have the power to enter into any place for inspection or for removal of any
unauthorised advertisement by giving a notice of twenty four hours to the occupant thereof his intention to
make such entry.
(2) Every unauthorised advertisement may be caused to be removed by the Commissioner after giving
notice under sub-rule (1) at the risk and cost of the party concerned, and may on the expiry of a reasonable
period prescribed by the Commissioner cause the advertisement to be removed and the costs therefor
recovered in the same manner as property tax.
(3) In respect of the unauthorised advertisement so removed tax shall be collected at such rates as would
have been payable if a proper application was made in this regard.
Rule 9 Recovery of Tax on advertisement due as arrears of Property Tax
If any advertisement tax due from any person remains unpaid in whole or in part at the end of the financial
year, the such tax or such part thereof as remains unpaid together will all sums payable towards detention
fee, expenses incurred on effecting the removal of the unauthorised advertisement etc. in connection
therewith shall be recoverable in same manner as property tax.
PART 2 Prohibition and Regulation of Advertisements
Rule 10 Places for erecting etc., of Advertisements
The council may, by notification:- (a) prohibit the erection, exhibition, fixation, retention of display of all
or any class of advertisements in or around any street, heavy traffic points or important road junctions or
public parks or part thereof, in any place of public resort, place of workshop, historic public buildings
including monuments and in purely residential localities; and (b) regulate the erection, exhibition, fixation,
retention for display of advertisement in any manner in non-prohibited areas.
Rule 11 Advertisement, Hoarding, Cinema and Poster Boards
(1) Once a regulated hoarding has been allowed at any of the approved sites, all subsequent advertisements
shall be required to conform thereto in the matter of size, position alignment, etc., of their hoardings.
(2) The permissible sizes of each hoarding shall be as under: Size of hoardings
(in Metres)
Nature of election
(i) 10 x 4
(ii) 6 x 3
(iii) 4.5 x 2.5
To be erected in horizontal length and verticle height
(iv) 4 x 2.5
(v) 3 x 2
(vi) 2.5 x 2
provided that no hoardings of different sizes shall be allowed at any one place.
(3) The lower base or the bottom of a hoarding at an approved site shall be at a height of not less than 2.44
metres from the surface of the ground below it and it shall be in correct alignment with the other approved
hoardings, if any, previously put up on the site.
(4) The supports of all such hoardings shall be of steel or other metal of sound quality timber of about 11.1
11.1 cm. thickness firmly embedded in the ground and suitably painted.
(5) Before an advertisement hoarding is permitted to be erected at an approved site, the advertiser shall be
required to submit to the Commissioner, a copy of the design showing the sizes, dimensions, etc., of the
hoarding and supports, and the design and colour scheme of the matter to be advertised and no
advertisement shall be allowed if is not in harmony with the background or offends good taste, public
moral etc.
Rule 12 Sign or Signboards
(1) No person shall without or otherwise, than in conformity with the terms of a permission granted by the
Commissioner retain, place, put up or fixed or cause or permit to be retained, placed, put up or fixed any
sign or signboard, projecting in, on, over or across a public street or any public place.
(2) No sign or signboard shall be retained, placed, put up, fixed, hung or caused or permitted to be retained,
placed, put up, fixed or hung:
(a) so as to project in, on, over or across a public street which is not more than 41/2 metres wide or which
has no foot path or drain or aquaduct under the projection:
Provided that sign and signboards against the face of a building in a portion included to the face may be
allowed if they do not project more than 15 cm. into the street and are atleast 2.44 metres above the metres
above the street level, or at such height as the Commissioner may from time to time prescribe; or
(b) on, or to or against a projecting or support varandah over a public street so as to project, in, over or
across such street beyond the footpath appertaining thereto.
(3) The height of the sign or signboard above the street level or ground level, as the case may be, and its
thickness at an angle to the surface and extent of project on from the edge of the land or place upto which it
can be permitted (from land to land or place to place) shall be determined by the Commissioner keeping
view the width of the street.
(4) The Commissioner may refuse permission to put up a sign, signboard or advertisement which is or is
deemed to be obscence, against public morality, is likely to injure the religious feelings of any community,
provoke a riot or calls for any violation of law.
(5) Permission under these rules shall not be granted unless the sign or signboard is so constructed and
maintained as not to endanger public safety or is not likely to fall into any public street or public place, or
land vested in the Municipal Council.
Rule 13 Sky-signs
(1) The Commissioner may remove any sky-sign or advertisement or order to shift to another site if, in his
opinion, such a course is needed to ensure public safety or convenience.
(2) No sky-sign or advertisement, frame, for other contrivance securely fixed to or one the cornice or block
course of any wall or to the ridge of a roof or to the screen shall project behind 0.91 metres into the street.
Rule 14 Neon-Signs
An application for a permit for neon-sign shall accompany a sketch drawn to measurement from the
manufacturers.
Rule 15 Advertisements to bear the permit number etc.
(1) All the advertisements for which permission has been accorded by the Commissioner in the form
prescribed in Annexure II to these rules shall bear the permit number under which and the period for which
the display has been permitted.
(2) No person shall deface or cause to be defaced any sign or mark or letter or words put up by the
Commissioner or any other officers authorised by him on the advertisements in token of their having been
permitted or approved by him and of the tax having been paid thereon.
(3) Advertisements that do not bear the permit number shall be treated as unauthorised and shall be liable
for removal.
Rule 16 Materials used for the writing, etc., of advertisement to be in accordance with the approved
specifications of the Commissioner
The material that is used for the writing, printing, painting, preparing, erecting, exhibiting, fixing, retaining,
displaying or maintaining sky-sign or any other advertisement shall be in accordance with the orders issued
and specification approved by the Commission from time to time.
Rule 17 Manner of display of advertisements through vehicles
No vehicle used for the purpose to advertisement shall display any advertisement in a manner or method
different from that approved by the Commissioner.
Rule 18 Safety of advertisements
(1) The Commissioner or any other officer authorised by him may remove any advertisement or sky-sign
which, in his opinion has been displayed in contravention of the provisions of the Act, rules or bye-laws
made thereunder.
(2) The Municipal Council shall not be responsible for the safety of any advertisement displayed on any
public street or land. No suit or claim for damages shall lie against the Municipal Council for any loss or
damage to and such advertisement or on account of loss damage caused to a third party by such
advertisement of sky-sign.
Rule 19 Registration of Advertising Agents
(1) Persons who undertake the display of advertisements within the limits of any municipality on behalf of
others, shall control themselves as registered advertising agents by submitting an application to the
Commissioner in the form prescribed in Annexure-III to these rules after paying a security deposit of
Rupees two hundred in addition to annual registration fee of Rupees ten. A copy of the receipt issued
therefor shall be attached to the application.
(2) The Commissioner may reject an application of any person for registration as an advertising agent if he
has reason to believe that the particulars furnished by such person are neither true nor is he otherwise fit for
reasons to be recorded in writing, to be registered. In case of rejection, the full amount paid towards
security deposit and registration fee shall be refunded to the applicant within fifteen days from the date of
rejection.
(3) The registration shall be renewed every year on payment of annual registration fee of Rupees ten.
(4) Every registered advertiser before displaying or causing the display of advertisement should satisfy
himself that the tax due thereon has been paid the Commissioner's approval obtained therefor.
(5) Every registered advertiser shall maintain proper accounts in such form as may laid down by the
Commissioner from time to time and produce them whenever required for inspection by the Commissioner.
(6) The security deposit will, if it is not forfeited for any breach of the rules governing advertisements will
be refunded to the depositor on application made by him after the expiry of three months from the date of
cessation of the registration or renewal thereof as the case may be.
Rule 20 Penalty
Whoever contravenes any provisions of any of the foregoing rules or fails to comply with any order or
direction lawfully given to him under any of the said rules shall, in addition to the liability of tax, be
punishable with a fine which may extend up to one hundred rupees.
ANNEXURE 1 ANNEXURE
ANNEXURE - 1
[See Rule 4(1)]
Application for permission for erecting, exhibiting, fixing, hanging, retaining or displaying any
advertisement with the Municipal limits of...................
To,
The Commissioner,
Municipality.
Sir,
I/We the undersigned hereby apply for according permission for erection, exhibition, fixation, retention or
displaying of the advertisement/sky-sign the particulars of which are furnished as hereunder:
(1) Name and address of the Advertiser
(in full in block letters)
(2) Classification of Advertisement.
(3) Description of the subject matter and languages employed (with Capital letters)
(4) Name and address of the person or the firm on whose behalf the advertisement is displayed.
(5) The description of the structure of place where the advertisement/Sky- sign is proposed to be erected or
displayed (premises or site number if any) accompanied by diagramatic sketch plan.
(6) The detailed dimensions of the Advertisement board/sky-sign, etc.
(7) The date from which advertisement/ sky-sign is proposed to be erected or displayed and the probable
date or removal (i.e. the date from which and the date up to which permission is required)
(8) The material proposed to be used for the advertisement/sky-sign.
(9) Any other particulars necessary regarding advertisement/sky-sign.
I/We hereby agree to abide by the provisions of the Act, the rules and bye-laws made thereunder and will
not display or exhibit or cause to be displayed or exhibited the advertisement till the permission applies for
is granted. The particulars mentioned above are correct and true to the best of my/our knowledge.
I/We request that permission may kindly be accorded for the erection, etc., of the Advertisement/Sky-sign,
a copy of which/the diagramatic sketch plan of which is enclosed herewith.
Date: Signature of the Applicant.
[For the use of office]
Permission is accorded/rejected. Advertisement Tax of Rs. ............................. at ................... per sq. metre
in advance may be remitted to the municipal account
Officer-in-charge of Advertisement.
Tax Section. Orders of the Commissioner
Amount of Rs. ....................... (in words) ..................................................... through challan No.
..................... dated. .............................. has been credited to the municipal accounts.
Officer-in-charge of Advertisement.
Tax Section.
ANNEXURE 2 ANNEXURE
ANNEXURE - 2
[See Rule 15(1)]
No...................................... Advertisement permit.
1. Name of the Applicant
2. Address
3. Classification of advertisement
4. Description of the subject matter
5. Measurements
6. Location of display/exhibition.
7. Starting date of the advertisement.
8. closing date of the advertisement
The advertiser shall abide by the statutory provisions of the Andhra Pradesh Municipalities Act, 1965 and
the Rules and bye- laws made thereunder (See conditions).
Date:
Office Seal: Commissioner.
Conditions
1. An advertiser should apply in writing for renewal of the permission to the Commissioner 7 days before
the date of expiry of the permission, or well in advance.
2. Advertisement Tax and other fees or charges as required under rules should be paid before erection, etc.,
of advertisement for which the grant of permission has been sought for.
3. An advertiser is required to take every reasonable care not to cause any inconvenience or hindrance
either to pedestrian or vehicular traffic or cause any material damage either to person or property by the
display and erection of advertisement in any manner.
4. Breach of any of the provisions of the Andhra Pradesh Municipalities Act, 1965 and the rules and bye-
laws made thereunder will render this permission null and void notwithstanding the payment of the
advertisement tax to the Municipality.
ANNEXURE 3 ANNEXURE
ANNEXURE - 3
[See Rule 19 (1)]
No.
Application for Registration/Renewal as Advertising Agent of the Municipal Council
Sir,
I, the undersigned hereby apply for registration of my name as advertising agent of the Municipal council
for displaying advertisements on behalf of others within the municipal limits of.
1. Name of applicant (in Block letters).
2. Age.
3. Father's/Husband's name.
4. Residential address (premises). No situated in Property Tax ward No.
Assessment
No. Locality.
5. Permanent Address.
6. In this application for fresh registration/renewal or registration? If for renewal of registration give the
previous registration No. and date.
7. Copy in duplicate of present Photographs.
8. Name, designation and address of the person issuing character certificate.
9. Have the security deposit and the fees for registration been paid
(Give receipt/challan No. and date attach copy of such receipt/challan to this application).
10. Any other particulars relating to the display of advertisement to be considered by the Commissioner.
I hereby agree to abide by the provisions of the Andhra Pradesh Municipalities Act, 1965 amended from
time to time and the rules and bye-laws made thereunder and will not display or exhibit or cause to be
displayed or exhibited the taxable advertisement on behalf of others, till my name is registered and till the
permission applied for displaying or exhibiting such advertisement is granted.
The particulars mentioned above are correct to the best of my knowledge.
I therefore request that you may kindly register or cause to be registered my name as advertising agent of
Municipality.
Dated: Signature of Applicant
Counterfoil
Received application from Sri/Smt....................... resident of......................for registration as advertising
agent of the Municipal council on (dated).......................
Dated: Signature of Commissioner
ANNEXURE 4 Form of Slides Exhibited
ANNEXURE
ANNEXURE
Form of Slides Exhibited
Name of the Theatre :
Name of the owner :
Name of the lessee, if any :
Period of lease :
Sl.No.
Date
Name and address
of the owner
of the slide Distributing
Agency Brief description of the slide
Duration of exhibition
Maximum due Date of payment Number of Municipal licence Date of licence Signature of owner or lessee
Signature and date of inspection by the Municipal Commissioner Remarks
From
To
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
Form of Advertisement Shorts Exhibited
Name of the Theatre :
Name of the owner :
Name of the lessee, if any :
Period of lease :
S.No.
Date
Name and address of producer
Distribution
agenty
Brief description of the advertisement short
Length of the short
Tax due
Total
Date of payment
Number of Municipal licence
Date of licence
Signature of owner or lessee
Signature and date of inspection by
municipal Commissioner
Remarks
Upto 150
metres
150 to 300
metres
For every 150 metres
or prt therefore in
excess of 300 metres
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
Form of trailor Films
Name of the Theatre :
Name of the owner :
Name of the lessee, if any :
Period of lease :
S.No.
Date
Name and address of producer
Distribution agenty
Brief description of the advertisement short
Length of the short
Tax due
Total
Date of payment
Number of Municipal licence
Date of licence
Signature of owner or lessee
Signature and date of inspection by municipal Commissioner Remarks
Upto 150
metres
150 to 300
metres
For every 150 metres or prt therefore in excess of 300 metres
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
SCHEDULE 1 SCHEDULE
SCHEDULESCHEDULE
(See Rule 3)
Maximum and minimum rates of Tax on Advertisement other than advertisement published in the
Newspapers
Sl.No.
Particulars
Maximum amount of tax per annum
Minimum amount of tax per annum
Selection, Special & First grade Municipalities
II and III grade Municipalities
(1)
(2)
(3)
(4)
(5)
1.
Non-Illuminated advertisement on land, building, wall, hoardings, frame, post, structure etc.
(a) for a space upto 1.00 Sq. metre
270.00
180.00
90.00
(b) for a space over 1.00 Sq. metre
450.00
270.00
1350.00
(c) for every additional 2.50 sq. metres or part thereof
450.00
270.00
135.00
2. Non-Illuminated advertisements carried on vehicles drawn by bullocks, horses or other animals, human
beings, cycle or any vehicle or tramcar :-
(a) for space upto 5.00 sq. Metres
1800.00
900.00
540.00
(b) for every additional 5.00 sq. metres or less
1800.00
900.00
540.00
3. Illuminated advertisement boards carried on vehicles :-
(a) for a space upto 5.00 sq. metres
3600.00
1800.00
900.00
(b) for every additional 5.00 sq. metres or less
3600.00
1800.00
900.00
4. Non-Illuminated advertisement boards carried by hand with board-men
(a) for each board not exceeding 1.00 sq. metres in area
360.00
270.00
135.00
(b) for each board exceeding 1.00 sq. metres and upto 2.50 sq. metres in area.
720.00
450.00
225.00
(c) for each additional 1.00 sq. metres or Part thereof for each board
380.00
180.00
90.00
5. Illuminated advertisement boards carried by hand with boardmen
(a) for each board not exceeding 1.00 sq. metre
720.00
360.00
180.00
(b) for each board exceeding 1.00 sq. metre and upto 2.50 sq. metres
1440.00
540.00
270.00
(c) for each additional 1.00 sq. metre area or part thereof
720.00
360.00
180.00
6. Illuminated advertisements on land, building, wall or boarding, frame, post structures etc.
(a) for a space upto 0.20 sq. metres
360.00
180.00
90.00
(b) for a space over 0.20 sq. metres and upto 0.50 sq. metres
720.00
450.00
225.00
(c) for a space over 0.50 sq. metres to 2.50 sq. metres
900.00
540.00
270.00
(d) for every additional 2.50 sq. metres or part thereof.
900.00
540.00
270.00
7. Advertisement exhibited on screen in public place by means of lantern slides or similar devices to public
view
(a) for a space over 0.50 sq. metres
1440.00
720.00
540.00
(b) for a space over 0.50 sq. metres and upto 2.50 sq. metres
1800.00
900.00
540.00
(c) for every additional 2.50 sq. metres or part thereof
1800.00
900.00
540.00
7-A.
Advertisements in Cinema Houses
(1) Slides (Plain and coloured) per slide
810.00
540.00
405.00
(2) Shorts including trailor films) upto 150 metres
2340.00
1440.00
1125.00
(3) Short, (including trailor films) 150 metres to 300 metres
4680.00
2880.00
2250.00
(4) Shorts (including trailor films), for every 150 metres or part thereof in excess of 300 metres
3750.00
2880.00
1875.00
7-B.
Advertisement tax on electronic media including Cable TV on advalorem basis of 10% on the rates charged
by the advertisers.
7-B has been inserted by G.O.Ms.No. 266,
M.A., dt. 5-5-2000.
8. Non-Illuminated advertisements suspended across streets
(a) for a Space upto 1.00 sq. metres
270.00
180.00
90.00
(b) for a space over 1.00 sq. metres and upto 2.50 sq. metres
450.00
180.00
90.00
(c) for every additional 2.50 sq. metres or part thereof.
450.00
270.00
135.00
9. Non-Illuminated advertisement hoarding standing balnk but bearing the name of the advertiser or with
the announcement "to be let" displayed thereon
(a) for space upto 1.00 sq. metre
135.00
90.00
45.00
(b) for a space over 1.00 sq. metre and upto 2.50 sq. metres
225.00
150.00
75.00
(c) for every additional 2,50 sq. metres or less
225.00
150.00
75.00
10. Permission to auctioners to put up not more than two boards of reasonable size advertising each auction
sale, other than those in the premises where the auction is held, one on a prominent site in the locality and
one on Municipal lamp post.
1000.00
720.00
360.00
(Including the rent for exhibiting the board on a municipal lamp post)
3000.00
2210.00
1080.00
11. Printed advertisement for display, etc.
(a) 60.96 x 91.44 cm. (first hundred) for next hundred
1125.00
720.00
450.00
for every additional hundred
720.00
360.00
225.00
(b) for advertisements of bigger sizes proportionate increase in the gates will be charged
540.00
270.00
180.00
ANDHRA PRADESH MUNICIPALITIES (GRANTS IN AID TO EDUCATIONAL AND
MEDICAL INSTITUTIONS AND CO OPERATIVE BUILDING SOCIETIES) RULES, 1967
In exercise of the powers conferred by clause (e) sub-section (2) of Section 326 of the Andhra Pradesh
Municipalities Act, 1965 (Act 7 of 1965), the Governor of Andhra Pradesh, hereby makes the following
rules prescribing the conditions for payment of grants-in-aid to educational and medical institutions by the
Municipal Council, the same having been previously published at pages 167- 70 of Rules Supplement to
Part 1 of Andhra Pradesh Gazette, dt. 11th May, 1967 as required by clauses (a) and (b) of sub-section (1)
of Section 327 of the said Act.
Rule 1
These rules may be called the Andhra Pradesh Municipalities Grant-in-aid to Educational and Medical
Institutions and Co-operative Building Societies Rules, 1967.
Rule 2
No Municipal Council with a deficit budged for the year shall pay grant-in-aid to any institution except
after the special permission of the Director of Municipal Administration.
Rule 3
The grants-in-aid shall not be paid by the Municipal Councils to any Private Medical or Educational
institution unless the following conditions are satisfied:-
(a) that the medical or educational institution is recognised by the authority competent to accord such
recognition;
(b) that in case of an allopathic institution, practitioners registered under the Andhra Pradesh (Andhra Area)
Medical Registration Act, 1914 or Andhra Pradesh (Telangana Area) Medical Act, 1912 as the case may
be, and in the case of any other institution, practitioners declared to be qualified by the Government are
employed therein;
(c) that there is no institution maintained either by the Government or Local Authority catering the needs of
the residents in the locality in the field of education or medicine, as the case may be.
(d) that the institution is subject to periodical inspection by the Inspecting Officers of the Education or
public Health Department, as the case may be, and that institution agrees to inspection by the
Commissioner or any Officer of the Municipality authorised in this behalf by the Commissioner when the
grant-in-aid is given;
(e) that no fees are collected by the institution from its pupils if it is an educational institution and if it is a
hospital free treatment is given to the needy poor of the Municipality.
(f) that in the case of an educational institution the prior approval of the Director of Municipal
Administration is obtained in case the grant proposed to be given is above Rs. 500 for building purposes
and above the maximum fixed in the annexure for other purposes.
(g) that in the case of grants proposed to be given to the allopathic institution the prior approval of the
Director of Medical and Health Services is obtained for the payment.
Rule 4
Grants-in-aid may be given subject to the following further conditions;
(i) that the organisation agrees to send a statement of account to the Municipal Council after the event is
over. In case where a statement is not received in respect of any event for which the statement is due, no
contribution shall be paid for the subsequent events;
(ii) that the sports conducted must have been organised on a competitive basis either within or outside the
Municipal limits by reputed organizers and that the grant-in-aid for this purpose shall not exceed the
maxima laid down in the annexure;
(iii) in the case of libraries grant-in-aid may be made in the form of books not exceeding the maxima fixed
in the annexure;
(iv) a grant-in-aid to any cultural association affiliated to the Andhra Pradesh Nataka or Sangeeta Academy
may be paid not exceeding the limits fixed in the annexure if the organisation is parking in the competitions
conducted by the Andhra Pradesh Nataka or Sangeeta Academy.
(v) in case of competitions organised by reputed cultural organisations in which associations from outside
the municipal limits also take part, the grant-in-aid may be paid to the organisation conducting the
competition subject to the limits fixed in the annexure. Co-operative Building Societies
Rule 5
No grants-in-aid and no loans shall be paid to the Co- operative Building Societies by any Municipality if it
has received any loan from Government for its own purposes. Loans to these societies can be paid only
with the Prior approval of the Government subject to such conditions as the Government may impose in
individual cases.
Rule 6
Nothing contained in the foregoing rules shall apply to contributions made by a Municipal Council to any
institution under clause (iii) of Rule 55 of Schedule II to the Act.
ANNEXURE 1 The Maximum Amount of Grant in Aid Permissible
ANNEXURE Grade of the
Municipality
For sports conducted by repurted
Organizers Supply of books of libraries
Cultural Association affiliated to Andhra Pradesh
Sangeetha Academy and partaking in the Competition organized by the Academy
Activities of cultural Associations in which outside Association participates
Rs.
Rs.
Rs.
Rs.
Section Grade
300
300
300
100
Special Grade
200
250
100
100
Grade I
100
200
75
50
Grade II
50
100
50
30
Grade III
"
50
"
"
ANDHRA PRADESH MUNICIPALITIES (GRANT OF REMISSION TO CONTRACTORS AND
LEASES OF MUNICIPAL COUNCILS) RULES, 1965
In exercise of the powers conferred by sub-section (1) of Section 326 of the Andhra Pradesh Municipalities
Act, 1965 (Act No. 6 of 1965), the Governor of Andhra Pradesh hereby makes the following rules for the
grant of remissions to persons who have entered into leases and contracts with the councils, the same
having been previously published at pages 84-85 of Rules Supplement to Part 1 of the Andhra Pradesh
Gazette dated 22nd April, 1965 as required under clauses (a) and (b) of sub-section (1) of Section 327 of
the said Act.
Rule 1
These rules may be called the Andhra Pradesh Municipalities Grant of Remissions to Contractors and
Leases of Municipal Councils Rules, 1965.
Rule 2
All lessees of remunerative enterprises of Municipal Councils, all lessees of immovable property,
belonging to or vested in Municipal Councils, and all persons who have entered into contracts with
Municipal Councils shall be held strictly to the terms of their leases or contracts and no remissions shall be
granted to them except in accordance with the provisions of Rule and 4.
Rule 3
The grant of remissions by the Municipal Council to lessees and contractor shall be subject to the following
restrictions and control namely:-
(a) remission shall be granted only in cases in which the lessee or contractor is prevented from carrying out
his part of the leases or contract by reason of the occurrence of some extraordinary event which could not
have reasonably been anticipated, for example, the compulsory closing on account of the outbreak of an
epidemic of a market which has been leased out;
(b) the remission granted shall bear a reasonable proportion to the loss actually sustained on account of
such extraordinary cause; and
(c) the Municipal Councils may sanction remissions as laid down below:- Municipalities
Amount of a remissions
Special and Selection Grade Municipalities Not exceeding Rs. 1,000
I Grade Municipalities Not exceeding Rs. 750
II and III Grade Municipalities Not exceeding Rs. 500
Provided that the remissions exceeding the said limits and not exceeding Rs. 5,000 may be granted with the
prior approval of the Director of Municipal Administration;
Provided further that for all remissions exceeding Rs. 5,000 the prior sanction of the Government shall be
obtained.
Rule 4
Penalties provided in the lease or contract shall be strictly enforced in accordance with the terms of the
lease or contract. Penalties for late payment of the amount due to the Municipal Council under the lease or
contract shall not be permitted except in cases where the payments of instalments of the amount due are in
the opinion of the Municipal Council, fairly regular and the whole amount due to the Municipal Council
under the lease of contract is paid before end of the period to which the lease or contract, relates.
ANDHRA PRADESH MUNICIPAL COUNCILS/NAGAR PANCHAYATS (CONDUCT OF
ELECTION) RULES, 1965
In exercise of the powers conferred by clause (b) of sub-section (2) of Section 326, read with clause 12 of
Section 2 of Andhra Pradesh Municipalities Act, 1965 (Andhra Pradesh Act 6 of 1965), the Governor of
Andhra Pradesh, hereby makes the following rules for the conduct of election of Members, the same having
been previously published as required under clauses (a) and (b) of sub-section (1) of Section 327 of the said
Act.
Rule 1
These rules may be called the Andhra Pradesh Municipal Councils/Nagar Panchayats (Conduct of
Elections) Rules, 1965.
Rule 2
These rules shall apply to all the Municipal Councils and Nagar Panchayats in the State of Andhra Pradesh.
Rule 3
In these rules unless there is anything repugnant in the subject or context,--
(a) 'Government' means the Government of Andhra Pradesh;
(b) 'Act' means the Andhra Pradesh Municipalities Act, 1965;
(c) 'Elector' in relation to an election to any Municipal Council/Nagar Panchayat means a person whose
name appears in the electoral roll for the Municipality/Nagar Panchayat as it remains in force, except a
person who is declared to be a man of unsound mind and stands so declared by a competent court;
(d) 'Election authority' means the authority or the authorities appointed by the State Election Commission;
(e) 'Election Officer' means the Commissioner or any person or officer authorised or appointed by the
Election Authority to do any act or perform any function in connection with the conduct of elections of
Member under these rules;
Explanation :- The Election Authority may appoint one or more persons who shall be Officer or Officers of
the Local Authority or the Governments as Additional Election Officer or Assistant Election Officer shall,
subject to the control of the Election Officer, be competent to perform all or any functions of the Election
Officer, and the expression Election Officer shall be deemed to include such Assistant Election Officers
also:
Provided that the Assistant Election Officer shall not perform any of the functions which relate to the
scrutiny of nominations, unless the Election Officer is unavoidably prevented from performing the said
function.
(f) 'Electoral roll' means the electoral roll prepared and published under Section 11 of the Act.
(g) 'Form' means the form appended to these rules and includes the translation of the matter in Telugu or
any other languages specified in Schedule VIII of the Constitution;
(h) 'Ballot box' includes any box, bag or other receptacle used for the insertion of ballot paper by voters;
(i) 'Counterfoil' means the counterfoil attached to a ballot paper printed under the provisions of these rules;
(j) 'Marked copy of the electoral roll' means the copy of the electoral roll set apart for the purpose of
marking the names of electors to whom ballot papers are issued at an election;
(k) 'Polling station' in relation to an election of municipal Members means the place fixed under Rule 3 for
taking the poll at the election;
(l) 'Presiding Officer', includes any polling officer performing any of the functions of a Presiding Officer
under sub-rules (2) and (3) of Rule 31;
(m) 'Public Holiday' means any day declared as such by Government;
(mm) 'State Election Commission' means State Election Commission constituted under Article 243-K of
the Constitution of India.
(n) 'Voters on election duty' means any polling agent, any polling officer, Presiding Officer or other public
servant who is as elector in the ward and is by reason of his/her being on election duty unable to vote at the
polling station where he/she is entitled to vote;
(o) For the purpose of these rules, a person who is unable to write his/her name shall, unless otherwise
expressly provided in these rules, be deemed to have signed an instrument or other paper, if
(a) he/she has placed mark on such instrument or other paper in the presence of the Election Officer or the
Presiding Officer or such other officer as specified in these rules;
(b) Such Officer on being satisfied as to his/her identity has attested the mark as being the mark of that
person; and
(c) the category of which it is reserved, namely for the members of the Scheduled Tribes, the Scheduled
Castes, Women and Backward Classes under Section 8(a), (b), (c) or (d) of the Act as the case may be.
Rule 3A Administrative Machinery for the Conduct of Elections
(1)
(a) The conduct of Elections to all Municipalities/Nagar Panchayats in the State shall be under the
superintendence, direction and control of the State Election Commission.
(b) The Election Authority as may be appointed by the State Election Commission shall exercise such
powers and to perform such functions in connection with the conduct of elections to the
Municipalities/Nagar Panchayats.
(2) The District Collector shall be the District Election Authority. The functions of the Election Authority
under these rules may also be performed, unless specifically otherwise provided by District Election
Authority within his jurisdiction.
(3) Subject to the general superintendence, direction and control of the Election authority, the District
Election Authority shall be responsible for the conduct, co-ordination and supervision of all works in
connection with the conduct of the elections to the Municipalities within his jurisdiction.
Rule 4
(1) The Election Officer shall affix a notice on the notice board of the municipal office showing the voters
list pertaining to the various wards of the Municipality/Nagar Panchayat on the day of publication of notice
under Rule 5.
(2) The Election Officer shall, after affixing the notice of voters, list under sub-rule (1) publish any
alteration made upto and inclusive of the last day fixed for receipt of nominations as alterations to the
electoral roll for the Municipality/Nagar Panchayat on the notice board of Municipality/Nagar Panchayat as
supplementary voters, atleast fifteen days prior to the date fixed for poll.
Rule 5
The Election Officer shall prepare and publish a notice on the notice Board of the Municipality/Nagar
Panchayat and in one or more conspicuous places in each ward of the Municipality/Nagar Panchayat for
which election is due, in English and in the main language of the District stating--
(a) the number of persons to be elected;
(b) the wards for which they are to be elected;
(c) the category for which it is reserved, namely, for the members of the Scheduled Tribes, the Scheduled
Castes, Women and Backward Classes under Section 8(1)(a), (b), (c) or (d) of the Act as the case may be;
(d) the date upto which, the places at which and the hours between which and to whom nomination papers
shall be presented, which shall be a date not earlier than fourth day and not later than the tenth day after the
date of publication of the election notice, whether or not it is a public holiday;
(e) the date on which, the hours between which and the place at which the nomination papers will be taken
up for scrutiny, such date being the date to the next date fixed for the presentation of nomination papers
whether or not it is a public holiday;
(f) the date on which and place or places at which the poll will be taken should there be a poll and the hours
during which the poll will be taken and the hours so fixed shall be published in such manner as the Election
Officer may direct: Provided that the total period allotted to any one day for polling at an election in a ward
shall not be less than eight hours; and
(g) the day on which and the place and the hour at which the Election Officer will commence counting of
votes.
Rule 6
(1) The nomination of every candidate shall be made by means of nomination paper in Form I, which shall
on application, be supplied free of cost by the Election Officer to any elector whose name is on the
electoral roll for the ward:
Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or
accept by the Election Officer for election in the same ward for any particular seat.
(2) Every nomination paper shall be signed by one such elector as proposer and the candidate shall sign a
declaration on it expressing his willingness to stand for election.
(3) Each candidate shall be nominated by a separate nomination paper. An elector standing as a candidate
for election to a seat shall not sign his own nomination papers as proposer.
(4) Every nomination paper shall be presented by the candidate in person or by his proposer on the date, at
the place and during the hours appointed, to the Election Officer or to such other person as may be
authorised by him in this behalf. The Election Officer or such other authorised person shall forthwith
number the nomination papers serially in the order in which they are presented and enter on each
nomination paper, the time at which it is presented. He shall give a receipt for the same as in Form I.
(5) Where a person has signed as proposer a large number of nomination papers, those of the papers so
signed which have been first received shall be deemed to be valid.
(6) The rejection of a nomination paper of any candidate on the ground of any irregularity in respect thereof
shall not affect the validity of the nomination of the candidate if the candidate has been duly nominated by
means of another nomination paper in respect of which no irregularity has been committed.
(7) No nomination paper shall be received after the appointed time on the last of the dates appointed for the
presentation of nomination papers whether or not it is a public holiday.
(8) In the case of every nomination filed in respect of a reserved seat for Scheduled Tribes, Scheduled
Castes and Backward Classes, a declaration in Form III made before an Officer not below the rank of a
Deputy Tahsildar of a Revenue Department by the candidate shall be attached to the nomination.
Rule 7
(1) On the presentation of a nomination paper, the Election Officer or other authorised person referred to in
sub-rule (4) of Rule 6 may require the person or persons presenting the same to produce a copy of the
electoral roll on which the candidate and his proper are registered or the necessary entries therein and shall
satisfy himself that the name and number of the candidate and his proposer, as entered in the nomination
paper, are the same as those entered in the electoral roll x x x.
(2) The Election Officer may interpret an entry in the electoral roll as to overlook merely clerical or
printing errors but he shall record the interpretation adopted by him together with the reasons thereof.
Rule 8
(1) At or before the time of the presentation of his nomination paper or papers, each candidate wishing to
stand for election to a Municipal Council/Nagar Panchayat shall deposit or cause to be deposited with the
Election Officer in cash or in Government Promissory Notes of equal value at the market rate of the day, a
sum of rupees hundred, if he is a member of Scheduled Tribes, Scheduled Castes or Backward Classes or a
sum of rupees two hundred, if he is not a member of such tribes, castes or backward classes and no
candidate shall be deemed to be duly nominated for any seat in respect of which such deposit has not been
made. A separate deposit shall be required in respect of each Seat for which the candidate wishes to stand.
A person who wishes to pay the reduced deposit of rupees hundred shall furnish a declaration in Form III
irrespective of the fact whether he contests for a reserved or non-reserved seat.
Explanation :- The delivery to the Election Officer of a receipt from any Government Treasury or Bank
wherein the Municipal Council/Nagar Panchayat has an account, evidencing the payment by or on behalf of
a candidate, to the credit of the Municipal Council/Nagar Panchayat of the amount required to be deposited
under this sub-rule shall be deemed to be a deposit of such amount within the meaning of this sub-rule
made by or on behalf of such candidate at the time of such delivery.
(2) If no nomination paper is received within the time appointed in that behalf in respect of any person by
whom or on whose behalf the deposit referred to in sub-rule (1) has been made or if the nomination of any
such person is rejected or if he withdraws his candidature in the manner and within the time specified in
sub-rule (1) of Rule 13, the deposit shall be returned to the person by whom it was made and if any
candidate dies before the commencement of the poll, any such deposit if made by him shall be returned to
his legal representative or if not made by the candidate, shall be returned to the person by whom it was
made or to his legal representative.
(3) If a candidate by whom or on whose behalf the deposit referred to in sub-rule (1) has been made is not
elected and a number of valid votes polled by him does not exceed one-sixth of the valid votes polled x x x
the deposit shall be forfeited to the Municipal Council/Nagar Panchayat.
(4) For the purposes of sub-rule (3), the number of valid votes polled shall be deemed to be the number of
ballot-papers, other than spoilt ballot papers counted.
(5) The deposit made by all the candidates which shall not be forfeited under sub-rule shall be returned to
the candidates or to the persons who have made the deposits on their behalf as the case may be, as soon as
may be after publication of the result of the election in the Andhra Pradesh Gazette.
(6) Notwithstanding anything contained in sub-rules (2) and (5) where deposits have been made by or on
behalf of a candidate in respect of two or more seats not more than one of the deposits shall be returned and
the remainder shall be forfeited to the Municipal Council/Nagar Panchayat irrespective of the fact whether
nominations were received from the candidate for the Seat or not.
(7) Notwithstanding anything contained in this rule, a deposit made under sub-rule (1) shall not be returned
unless a claim therefor is delivered or sent by post to the Election Officer by the person who made the
deposit or by his legal representative, as the case may be, within six months of the date of declaration by
the Election Officer results of the election of the election or where such declaration is made on two
different dates within six months of the later of such dates.
Rule 9
On the last of the days appointed for the receipt of nomination papers and immediately after the hour for
their receipt is past, the Election Officer or the authorised person referred to in sub-rule (4) of Rule 6 shall
publish in the municipal office a list in Form II of all nominations received with a notice that the
nomination papers will be taken up by the Election Officer for scrutiny at the municipal office or other
specified place on the date appointed under Rule 5 at the hour specified. Scrutiny of Nomination Papers
Rule 10
(1) On the date appointed for the scrutiny of nominations, the candidates their Election agent some
proposer of each candidate and one other person duly authorised in writing by each candidate and except
for the purpose of assisting the Election Officer no other person may attend at such time and place as may
be specified under Rule 9 and the Election Officer shall give such persons all reasonable facilities to
examine the nomination papers of all candidates which have been received aforesaid.
(2) The Election Officer shall then examine the nomination papers and shall decide all objections which
may be made at the time to any nomination and may either on such objection or on his own motion after
such summary inquiry, if any, as he thinks necessary, reject any nomination on any of the following
grounds:
(i) that the candidate is ineligible for election under Sections 13, 13-A, 13-B, 14, 15 and 19 of the Act; or
(ii) that the proposer is a person whose name is not registered on the electoral roll; or
(iii) that there has been any failure on the part of the candidate or his proposer to comply with any of the
provisions of Rules 6 and 8; or
(iv) that, in case the election is solely for a seat of ..................... reserved for any community ................ or
for women, the candidate does not belong to that community or any of those communities or is not a
woman, as the case may be:
Provided that the nomination of a candidate shall not be rejected merely on the ground of any incorrect
description of his name or of the name of his proposer or of any other particulars relating to the candidate
or his proposer as entered on the electoral roll, if the identity of the candidate or proposer as the case may
be, if established beyond reasonable doubt;
Provided further that the Election Officer shall not reject any nomination paper on the ground of any defect
which is not of a substantial character.
(3) The Election Officer shall endorse on each nomination paper his decision accepting or rejecting the
same and if the nomination paper is rejected, he shall record in writing a brief statement of his reasons for
such rejection. The scrutiny shall be completed on the day appointed in this behalf under Rule 5 and no
adjournment of the proceeding shall be allowed, except when such proceedings are interrupted or
obstructed by riot or open violence or for causes beyond the control of the Election Officer:
Provided that in case an objection is made, the candidate concerned may be allowed time to rebut it not
later than the next day but one following the date fixed for scrutiny, and the Returning Officer shall record
his decision on the date to which the proceedings have been adjourned.
(4) When the scrutiny has been completed, a list of validly nominated candidates shall be published in
Form II-A. There shall be one entry only in respect of each validly nominated candidates in the list,
although more nomination papers than one in respect of him may have been accepted as valid. If none of
the nomination papers is found valid on scrutiny, the name of the candidate should not be entered in the
list.
Rule 11
XXXXX
Rule 12
(1) Any candidate may withdraw his candidature by notice in writing in Form II-B, signed by him and
delivered to the Election Officer at any time after presentation of his nomination paper or papers and before
three O' Clock on the third day after scrutiny of nominations whether or not it is a public holiday unless the
notice is delivered by the candidate himself to the Election Officer, the candidate's signature on the notice
shall be attested by a person empowered to attest Vakalats.
Explanation :- The persons authorised to attest Vakalats are (1) Gazetted Officers (2) MLAs (3) M.Ps. (4)
Members of Zilla Parishads (5) Members of Panchayats (6) Municipal Members (7) A retired Gazetted
Officer receiving pension from Government (8) the Manager of the Office of the Commissioner,
Endowments Department (8) The Manager of the Office of the Commissioner, Endowments Department
(9) Any Inspector working under the Commissioner, Endowments Department (10) An Advocate or
Pleader other than the Advocate or Pleader in whose favour the Vakalatnama is executed or appointment
made or notary as defined in the Notaries Act, 1952 (Central Act 43 of 1952).
(2) The Election Officer on receiving a notice of the withdrawal under sub-rule (1) shall as soon as may be
cause a notice of the withdrawal in Form II-C to be affixed on the notice board of the Municipal Office.
(3) A candidate who has withdrawn his candidature under sub-rule (1) shall not be allowed to cancel the
withdrawal.
Rule 13
(1) On the expiry of the time allowed for withdrawal of candidature under Rule 12(1) the Election Officer
shall prepare a list in Form-IV of persons whose nominations have not been rejected and who have not
withdrawn their candidature which may be called as list of contesting candidates and publish it on the
notice board of the Municipal Office forth-with whether or not it is a public holiday and in any case atleast
twelve days before the date fixed for the election.
(2) The names of the candidates shall be arranged with reference to surnames of the candidates in
alphabetical order in Telugu. Where there is no surname, the proper name shall be taken into consideration
and when the initials only precede the proper name, the initials have to be ignored while arranging the
names in the list of contesting candidates. If a poll is found to be necessary, the Election Officer shall also
specify the distinctive symbols assigned to them under sub-rule (3):
Provided that if two or more candidates bear the same name, they shall be distinguished by the addition of
their occupation or residence or in some other manner. The names of such candidates should be arranged in
the order in which their nominations were received by the Election Officer.
(3) If a poll is found to be necessary the Election Officer shall assign to each candidate, subject to such
directions as may be issued by the Election Authority in that behalf, a distinctive symbol:
Provided that candidate set up by a National Party for the election of Chairperson of a Municipality/Nagar
Panchayat shall choose and shall be allotted the symbol reserved for that party and n other symbol. A
candidate set up by a State Party for the election of Chairperson of a Municipality/Nagar Panchayat shall
choose and shall be allotted the symbol reserved for that party and no other symbol. A reserved symbol
shall not be chosen by or allotted to any candidate other than a candidate set up a National party for whom
such symbol has been reserved or a candidate set up by a State Party for whom such symbol has been
reserved in the State in which it is a State Party, even if no candidate has been set up by such National or
State Party. A symbol once assigned to a candidate shall not be altered, after a list of contesting Candidates
is published.
Explanation :- A candidate shall be deemed to be set up by a National party or State Party, if the Candidate
has made a declaration to that effect in his nomination paper and the said candidate by a notice in writing to
that effect has, not later than. 3.00 P.M. on the last day of withdrawal of candidatures, been delivered to the
Election Officer signed by the President, the Secretary or any other office bearer of the Party and the
President, the Secretary or such other office bearer authorised by the party to send such notice and the
name and specimen signature of the President, Secretary or such other office bearer are communicated in
advance to the Election Officer.
(4) In every case where a symbol has been assigned to a candidate under sub-rule (3) such candidate or his
election agent shall forthwith be informed of the symbol so assigned and be supplied with a specimen
thereof by the Election Officer.
Rule 14
After the list of contesting candidates is published under Rule 13, if there is only one contesting candidate
the Election Officer shall declare the candidate as duly elected. If the number of contesting candidates is
more than one, a poll shall be held. If there are no valid nominations to fill the seats, the Election Officer
shall start proceedings afresh for filling the said vacancy in all respects as if for a new election.
Rule 15
XXXXXXXX
Rule 16
If after the publication of list of contesting candidates taking of a poll has become necessary and before the
poll is taken, a candidate who has been duly nominated dies, the Election Officer shall upon being satisfied
of the fact of the death of the candidate, countermand the poll of the seat for which the deceased filed his
nomination and election proceedings shall be started afresh in all respects as for a new election:
Provided that no fresh nomination shall be necessary in the case of candidate who stood nominated at the
time of the countermanding of the poll;
Provided further that no person who has under sub-rule (1) of Rule 12 given notice of withdrawal of his
candidature, before the countermanding of the poll shall be ineligible for being nominated as a candidate
for the election after such countermanding.
Rule 17
(1) Every person nominated as a candidate for an election may appoint in writing some other person to be
his election agent. The appointment shall be in form V and notice of appointment shall be given in writing
to the Election Officer.
(2) When a candidate for election appoints some person to be his election agent, he shall obtain, in writing
the acceptance, by such person for the office of such election agent.
(3) No person shall be appointed as an election agent who is disqualified under Section 15, excepting those
mentioned in clauses (1) and (f) of sub-section (2) thereof.
(4)
(i) Any revocation of appointment of an election agent shall be signed by the candidate and shall operate
from the date on which it is lodged with the Election Officer.
(ii) In the event of such revocation or of the death of an election agent the candidate may appoint in like
manner another person to be his election agent; and when such appointment is made, notice thereof shall be
given in the manner laid down in sub-rule (1) and to the Election Officer.
(5) Every election agent shall perform such functions in connection with each election for which he is
appointed as election agent, as are required to be performed by such agent.
Rule 18
(1) At an election at which a poll is to be taken each candidate or his election agent, if any, may appoint
one agent and two relief agents, to act as polling agent of such candidate at each polling station or, where a
polling station has more than one polling booth, at each such polling booth for the poll, as the case may be,
and such appointment shall be made by a letter in writing and duplicate in Form VI signed by the candidate
or his election agent, if any, under intimation to Election Officer atleast three days before the
commencement of the poll.
(2) The candidate or his election agent shall also deliver the duplicate copy of the letter of appointment to
the polling agent who shall, on the date fixed for the poll, present the copy to, and sign the declaration
contained therein before the presiding officer of the polling station where such polling agent is appointed
for duty and the presiding officer shall thereafter retain it in his custody. No polling agent shall be allowed
to perform any duty at the polling station or at the place fixed for the poll unless he has complied with the
provisions of this sub-rule.
Rule 19
(1) Each candidate or his election agent if any, may before the commencement of the counting of votes
appoint a counting agent of such candidate by a letter in writing in duplicate in Form VII signed by the
candidate or his election agent, if any.
(2) As soon as may be after the appointment of the counting agent of a candidate, and in any case beefier
the commencement of the counting of votes, the candidate or his election agent shall give notice of the
appointment, of such counting to the Election officer by forwarding to such officer the letter of
appointment, referred to in sub-rule (1).
(3) The candidate or his election agent shall also deliver the duplicate copy of the letter of appointment to
the counting agent who shall, on the date fixed for the counting of votes present the copy to, and sign the
declaration contained therein before the Election Officer, and the Election Officer shall thereafter retain it
in his custody. No counting agent shall be allowed to perform any duty at the counting of votes unless he
has complied with the provisions of this sub-rule.
Rule 20
(1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election
agent, as the case may be. Such revocation shall operate from the date on which it is lodged with the
Election Officer and in the event of such a revocation or of the death of a polling agent before the close of
the poll, the candidate or his election agent may appoint another polling agent at any time before the poll is
closed and shall forthwith give notice of such appointment as laid down in Rule 18(1) to the Election
Officer.
(2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election
agent, as the case may be. Such revocation shall operate from the date on which it is lodged with the
Election Officer. In the event of a revocation or of the death of a counting agent at any time before the
counting of votes is commenced, the candidate or his election agent may appoint another person as the
counting agent and when an appointment is made, a notice of such appointment in the manner prescribed
above shall be given to the Election Officer.
Rule 21
(1) At every election where a poll is taken, each candidate at such election and his election agent shall have
a right to be present at any polling station.
(2) A candidate or his election agent may himself do any act or thing which any polling agent or the
counting agent of such candidate, if appointed would have been authorised by or under these rules to do, or
may assist any polling agent or the counting agent of such candidate in doing any such act or things.
Rule 22
Where any act or thing is required or authorised by or under these rules to be done in the presence of the
polling or counting agent, the non-attendance, of any such agent or agents at the time and place appointed
for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
Rule 23
At an election in a ward where poll is taken, any member of the Armed Forces of the union or a member of
the Armed Police Forces of the State serving outside the State may give his vote by a postal ballot and such
person shall not be entitled to give his vote in any other manner. The wife of any such person may also give
her vote by postal ballot.
Rule 24
(1) Subject to the other provisions of these rules, a voter of a ward may, if he is subject to preventive
detention under any law for the time being in force, give his vote by postal ballot at any election in such
ward where a poll is taken.
(2) As soon as possible, after notice is published under Rule 5, the Election Officer shall ascertain in
writing from the Collector of the District whether any voter in that Municipality/Nagar panchayat is subject
to preventive detention under any law for the time being in force. The Collector shall within ten days from
the date of receipt of such communication from the Election Officer forward a list of names of any such
voters in that Municipality/Nagar Panchayat, if any, together with their addresses and the particulars about
their place of detention to the Election Officer.
(3) Any voter who is subjected to preventive detention under any law for the time being in force or on his
behalf any member of his family may, within fifteen days from the date of publication of the notice, apply
to the Election Officer of the ward for permission to give his vote by postal ballot at the election. Every
such application shall specify the name of the voter, his address, his serial number in the electoral roll and
the particulars regarding his place of detention.
(4) If the Election Officer is satisfied that the person whose name has been forwarded under sub-rule (2) or
who has made an application under sub-rule (3) is under preventive detention and is a voter in the ward to
which the election relates and is entitled to vote at such election, he shall permit such person to give his
vote at the election by postal ballot.
(5) While granting any such permission, the Election Officer shall, at the same time, put the letters P.B.'.
which means that a postal ballot has been issued in each copy of the electoral roll in which such person's
name is registered and which is intended to be used at the polling station where such person should, if he
had not been under detention, have normally voted so as to indicate that such person has been permitted to
give vote at the election by postal ballot.
Rule 25
(1) The Election Officer shall, in the case of every voter who is entitled under Rule 23 or who has been
permitted under sub-rule (4) of Rule 24, to give his vote at the election by postal ballot, as soon as may be
after the publication under Rule 13 of the list of candidates at the election, send by registered post to each
such voter a ballot paper x x x x along with the copy of instructions contained in Form VIII. He shall note
down the electoral part No. and the Serial No. of the elector as entered in the marked copy of the electoral
roll on the counterfoil of the ballot paper and detach the ballot paper from the Counterfoil.
(2) Along with the ballot paper, the Election Officer shall also send--
(a) A cover addressed to himself in Form IX;
(b) an envelope with the number of the ballot paper entered on its face; and
(c) a letter in Form X. The Election Officer shall have the number of the ballot paper entered at the left
hand bottom corner of the cover in Form IX.
(3) The ballot paper together with the cover envelope and letter shall be sent--
(a) in the case where the voter is a member of the Armed Forces of the Union, or member of the Armed
Police force of the State serving outside the State to the address of the voter as shown in the electoral roll;
(b) in the case where the voter is a person subject to preventive detention, to such voter at the place of his
detention.
(4) After all the ballot papers have been issued under this rule; the Election Officer, shall seal in a separate
packet the counterfoils of the ballot papers issued to the voters entitled to vote under postal ballot and
record on the packet a brief description of its contents and the date on which it was sealed.
(5) No election shall be invalidated by reason that a voter has not received his ballot paper or papers.
Rule 26
(1) Every voter, on receiving his ballot paper sent under Rule 25 shall, if he desires to vote at the election,
record his vote thereon and sign the declaration on its back in accordance with the letter and instruction
sent with the ballot paper.
(2) The voter shall then place the ballot paper in the envelope, close the envelope, enclose it in the cover
and send the cover to the Election Officer in accordance with instructions contained in the letter so as to
reach him before 5 p.m. on the date fixed in this behalf by the Election Officer. Any cover which is not
received by the Election Officer before 5 p.m. on the date so fixed shall be rejected. All such rejected
covers shall be kept in a separate sealed packet by the election Officer.
Rule 27
A voter shall obtain attestation of his signature, but not of his vote on the postal ballot paper by a
Magistrate to whom the voter is personally known or to whose satisfaction the voter has been identified or-
-
(a) in the case referred to in clause (a) of sub-rule (3) of Rule 25 by such officer as may be appointed in this
behalf by any commanding officer of the unit in which the voter is employed; and
(b) in the case referred to in clause (b) of sub-rule (3) of Rule 25 by the Superintendent of the Jail or
Commandant of the detention camp in which the voter is under detention.
Rule 28
(1) If a voter whom a ballot paper has been sent under rule 25 is illiterate or is unable, due to physical
incapacity, to record his vote and sign the declaration on the back of the ballot papers in accordance with
the provision of Rule 26, it shall be competent for him to make his declaration and to record his vote by the
hand of any officer empowered to attest his signature and declaration under Rule 27.
(2) Any such voter as aforesaid may deliver the ballot paper, together with the envelope and the cover
received by him from the Election Officer to an Officer referred to in sub-rule (1) and such officer shall, on
being so requested by the voter--
(a) certify on the back of the ballot paper the voter's incapacity; and
(b) attest the fact that he was requested by the voter
(i) to sign the declaration on the back of the ballot paper; and
(ii) to mark the ballot paper for him.
(3) Such Officer shall further certify that he has put the mark on the ballot paper in accordance with the
wishes of the voter and that the ballot paper was so signed and marked by him in the presence of the voter.
(4) Such Officer shall thereupon place the marked ballot paper in the envelope and close the same and
enclose it in the cover which he shall seal and handover to the voter. The voter shall then send the sealed
cover forthwith to the Election Officer in accordance with the instructions contained in the letter sent to the
voter along with the ballot paper so as to reach the Election Officer before 5 p.m. on the date fixed under
sub-rule (2) of Rule 26. Any cover which is not received by the Election Officer before 5 p.m. on such date
shall be rejected and kept along with the cover rejected under the said sub-rule.
Rule 29
(1) When a ballot paper and other connected papers sent by registered post under Rule 25 are for any
reason returned undelivered, the Election Officer may re-issue them by registered post.
(2) In cases where any voter has inadvertently deal with his ballot paper or any of the connected papers in
such manner that the papers cannot conveniently be used, the Election Officer after satisfying himself of
the inadvertence, may issue a second set of ballot paper and other connected papers to the voter or the
voters returning the ballot paper and other connected papers. The paper so returned shall be marked as
cancelled by the Election Officer, the paper so cancelled be kept in a separate envelope set apart for the
purpose.
Rule 30
The Election Officer shall keep in safe custody until the commencement of the counting of votes all covers
containing postal ballot papers received by him under Rule 26 of Rule 28.
Rule 31
(1) A polling station shall have one or more polling booths. If a poll has to be taken, the Election Officer
shall appoint forthwith a Presiding Officer and one or more Polling Officers, for each polling booth and
may pay them reasonable remuneration for their services. The Election Officer shall provide for each
Presiding Officer such number of clerks as may be necessary and may also, if necessary appoint one or
more identifying Officers to assist the Presiding Officer in identifying the electors. The polling personnel
shall not consist of any Members, or any officer, or other employee of the Municipality/Nagar Panchayat
except those appointed as identifying officers:
Provided that if a Polling Officer is absent from the polling station, the Presiding Officer may appoint any
person who is present at the polling station other than a person who has been employed by or on behalf of
or has been otherwise working for a candidate in or about the election, to be the Polling Officer during the
absence of the former officer and inform the Election Officer, accordingly;
Provided further that nothing in this sub-rule prevent the Election Officer from appointing the same person
to be the presiding officer for more than one polling station in the same premises.
(2) A Polling Officer shall, if so directed by the Presiding Officer perform all or any of the functions of a
Presiding Officer under these rules or any rules or orders made thereunder.
(3) If the Presiding Officer, owing to illness or other unavoidable cause, is obliged to absent himself from
the polling station, his functions shall be performed by such polling officer as has been previously
authorised by the Election Officer to perform such functions during any such absence.
(4) The Presiding Officer shall keep order at the polling station, shall see that the election is fairly
conducted, shall regulate the number of electors to be admitted at one time and shall exclude all other
persons except--
(a) the candidates and at each booth one agent of each candidate at each booth at a time (hereinafter
referred to as the polling agent);
(b) the police or other public servants on duty;
(c) his own clerks and such persons as the Presiding Officer may from time to time admit for the purpose of
identifying electors;
(d) a child in arms accompanying a voter; and
(e) the companions of blind and infirm voters who cannot move without help.
(5)
(a) Where a woman elector cannot be identified by the identification officers appointed under sub-rule (1)
by reason of her observing purdah' she may be required to be identified by any of her near relatives unless
she otherwise satisfies the Presiding Officer of her identity.
(b) If any question arises as to whether a person is or is not a near relative within the meaning of clause (a)
above, it shall be decided by the Presiding Officer and his decision shall be final.
(6) It shall be the duty of every Polling Officer and Clerk provided by the Election Officer at a polling
station/booth to assist the Presiding Officer for such station/booth in the performance of his functions.
Rule 32
Each polling station and at a polling station having more than one polling booth, each such booth shall
contain a separate compartment in which electors can record their votes screened from observation. As far
as possible, separate compartments and separate entrances and exits shall, where action is not taken under
Rule 33, be provided for women electors.
Rule 33
Notwithstanding anything herein before contained, the Election Officer may, at his discretion, if a
sufficient number of women suitable and willing to act as polling officer are available, provide a separate
polling station for taking the votes of the women electors for any polling area or make such other
arrangements as may be necessary to ensure the privacy of such electors x x x x.
Rule 34
(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--
(a) canvassing for votes; or
(b) soliciting the vote of any elector; or
(c) persuading any voter not to vote for any particular candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or sign (other than an official notice) relating to the election.
(2) Any person who contravenes the provisions of sub-rule (1) shall be punishable with fine which may
extend to one hundred rupees.
Rule 35
The Election Officer shall provide at each polling station sufficient number of ballot boxes together with
copies of the electoral roll or such part thereof as contains the names of the electors entitled to vote at the
station and such other papers, and articles necessary for electors to mark the ballot papers, stationery and
forms, as may be necessary. He shall further display in bold and clear manner the name of each candidate,
the serial number and the symbol assigned to him and the seat for which the election is held The Election
Officer shall also display a notice specifying the polling area, the electors of which are entitled to vote at
that polling station.
Rule 36
(1) Where a paper seal is used for securing a ballot box, the Presiding Officer shall affix his own signature
on the paper seal and obtain thereon the signatures of such of the candidates or their polling agents present
as are desirous of affixing the same.
(2) The Presiding Officer shall thereafter fix the paper seal so signed in the space meant therefor in the
ballot box and shall then secure and seal the box in such manner that the slit for the insertion of ballot paper
thereinto remains open.
(3) The seals used for securing a ballot box shall be affixed in such manner that after the box has been
closed, it is not possible to open it without breaking the seal.
(4) Where it is not necessary to use paper seals for securing the ballot boxes, the Presiding Officer shall
secure and seal the ballot box in such manner that the lit for the insertion of ballot paper remains open and
shall allow the polling agents present to affix, if they so desire, their seals.
(5) Every ballot box used at a polling station shall bear labels, both inside and outside, marked within--
(a) the serial number, if any, and name of the ward;
(b) the serial number and name of the polling station;
(c) the serial number of the ballot box (to be filled in at the end of the poll on the label outside the ballot
box only); and
(d) the date of poll.
(6) Immediately before the commencement of the Poll, the Presiding Officer shall demonstrate to the
polling agents and other persons present that the ballot box is empty and bears the labels referred to in sub-
rule (5).
(7) The ballot box shall then be closed, sealed and secured and placed in full view of the Presiding Officer
and the polling agents.
(8) Before the polling station is opened for the recording of the votes the Presiding Officer shall read to
such persons as may be present, the provisions of Section 18 of the Act, and shall explain the substance
thereof in the main language of the district.
Rule 36A
Immediately before the commencement of the poll, the Presiding Officer shall also demonstrate to the
Polling Agents and others present that the marked copy of the electoral roll to be used during the poll does
not contain--
(a) any entry other than that made in pursuance of those Rules 23,24, 25 and 49;and
(b) any mark other than the mark made in pursuance of those rules.
Rule 37
(1) The manner of voting shall be by way of marking system, Every ballot paper shall be in Form XI (and
in such colour as may be specified by the election authority). The ballot paper shall contain the number of
the candidates in serial order, their names against the serial number and the symbols assigned to them.
(2) x x x x x
Rule 38
Every ballot paper, before it is issued to an elector and Counterfoil attached thereto, shall be stamped on the
back with such distinguishing mark as the Election Authority may direct and every ballot paper before it is
issued shall be signed in full on its back by the Presiding Officer.
Rule 39
(1) Every elector who applies for a ballot paper x x x x for the purpose of voting at a polling station, shall
before receiving such paper or papers; allow--
(a) the inspection of his left x x x x fore-finger by the polling officer; and
(b) an indelible ink mark to be put on his left fore-finger.
(2) If any such elector--
(a) refuses to allow such inspection of his x x x x left fore- finger; or
(b) refuses to allow an indelible ink mark to put on his left fore-finger; or
(c) refuses to put his signature or thumb impression on the counter-foil; or
(d) does any act in order to remove any such mark after it has been put, he shall not be entitled to be
supplied with any ballot paper or to record his vote at the election.
(3) No person who has already such a mark on his left fore-finger at the time he enters the polling station
shall be supplied with any ballot paper.
(4) Any reference in this rule to the left fore-finger of an elector shall, in the case where the elector has no
left fore- finger be construed as a reference to another finger of his left hand and shall in the case whether
there are no fingers on his left hand be construed as a reference to the fore-finger or any other finger on his
right hand and shall in the case where he has no finger on both the hands be construed as a reference to
such extremity of his right or left arm as he possesses.
(5) The Polling Officer shall, at the time of delivery of the ballot paper or papers to an elector, underline the
entry of the voter in the marked copy of the electoral roll in his possession to denote that such voter has
received a ballot paper or ballot paper.
(6) In deciding the right of person to obtain a ballot paper under this rule, the presiding officer at any
polling station may inspect of entry in the electoral roll so as to overlook merely clerical or printing errors,
provided that he is satisfied that such person is identical with the voter to whom such entry relates.
Rule 40
An elector shall be given only one ballot paper and the Presiding Office or the Polling Officer shall explain
to the elector that the elector shall mark on the ballot paper with the instrument supplied for the purpose on
or near the symbol of the candidate for whom he intends to vote.
Rule 41
(a) The number, name and description of the elector as stated in the electoral roll shall be called out; and
(b) The Polling Officer shall record the electoral roll, Part No. and Serial No. of the voter as entered in the
marked copy of the electoral roll on the Counterfoil of the ballot paper and obtain his signature or thumb
impression thereon.
Rule 42
(1) The Elector on receiving the ballot paper x x x x shall forthwith--
(a) proceed to one of the voting compartments;
(b) there make a mark on the ballot paper with the instrument supplied, for the purpose on or near the
symbol of the candidate for whom he intends to vote;
(c) fold the ballot papers x x x so as to conceal his vote.
(cc) if required to show to the Presiding Officer the distinguishing mark on the ballot paper.
(d) insert the folded ballot paper x x x into the ballot box; and
(e) quit the polling station.
(2) Every elector shall vote without undue delay;
(3) No Elector shall be allowed to enter a voting compartment when another elector is inside it.
(4) Every elector to whom a ballot paper has been issued under Rule 38 or under any other provision of
these rules, shall maintain secrecy of voting within polling station and for the purpose observe the voting
procedure hereinafter laid down.
(5) If an elector to whom a ballot paper has been issued, refuses after warning given by the Presiding
Officer, to observe the procedure as laid down in sub-rules (1) and (2) the ballot issued to him shall
whether he has recorded his vote thereon or not, be taken back from his by the Presiding Officer or a
Polling Officer under the direction of the Presiding Officer.
(6) After the ballot paper has been taken back, the Presiding Officer shall record on its back the words "
Cancelled-Voting procedure violated " and put his signature below those words.
(7) All the ballot papers on which the words " Cancelled-voting procedure violated " are recorded, shall be
kept in a separate cover which shall bear on its face the words " ballot papers- voting procedure violated.
(8) Without prejudice to any other penalty to which an elector, from whom a ballot paper has been taken
back under sub-rule (5) may be liable; the vote, if any recorded on such ballot paper, shall not be counted.
Rule 43
(1) If the Presiding Officer is satisfied that owing to blindness or other physical infirmity, an elector is
unable to recognise the symbols on ballot paper or to make a mark thereon without assistance, the Presiding
Officer shall permit the elector to take with him a companion of the age of not less than eighteen years to
the voting compartment for recording vote on the ballot paper on his behalf and in accordance with his
wishes and if necessary, for folding the ballot paper so as to cancel the vote and insert it into the ballot box:
Provided that no person shall be permitted to act as the companion of more than one elector at any polling
booth on the same day;
Provided further that when any person is permitted to act as the companion of the elector on any day under
this rule, the person shall be required to declare that he shall keep secret the vote recorded by him on behalf
of the elector and that he has not already acted as the companion of any other elector at any polling booth
on that day.
(2) The Presiding Officer, shall keep declarations in Form XI-A and the list in Form-B in sealed covers and
send them to the Election Officer along with the other covers.
Rule 44
Special facilities in accordance with the instructions, if any, issued by the election authority in that behalf,
may be accorded to women electors.
Rule 45
(1) When a person presents himself to vote, .......... before a ballot paper is supplied to him, the Presiding
Officer may of his own accord and shall, if so required by a candidate or polling agent, put to such person
either or both of the following questions:
(i) Are you the person enrolled as follows (reading the whole entry from the roll)
(ii) Have you already voted at the present election at this polling station or at any other polling station and
the person shall not be supplied with a ballot paper unless he gives an unqualified answer to the question in
the affirmative and the second is in the negative; except as mentioned herein and subject to the provision
............... of the Act, every person whose name is found on the electoral roll shall be entitled to be supplied
with a ballot paper x x x x.
(2) No person shall vote at an election is more than one ward of the same class: and if a person votes in
more than one such ward, his votes in all such wards shall be void.
(3) No person shall, at any election, vote in the same ward more than once, notwithstanding that his name
may have been registered in the electoral roll for that ward more than once, and if he does so vote, all his
votes in that ward shall be void.
(4) No person shall vote at any election if he is confined in prison whether under a sentence of
imprisonment or transportation or otherwise or in the lawful custody of the police:
Provided that nothing in this sub-rule shall apply to a person subjected to preventive detention under any
law for the time being in force.
Rule 46
(1) If a person representing himself to be a particular elector applies for a ballot paper after another person
has already voted as such elector, he shall on satisfactorily answering such questions relating to his identity
as the Presiding Officer may ask, be entitled, subject to the following, provisions of this rule, to mark a
ballot paper hereinafter in these rules referred to as tendered ballot paper, in the same manner as any other
elector.
(2) Every such person shall, before being supplied with a tendered ballot papers sign his name against the
entry relating to him in a list in Form XII.
(3) A tendered ballot paper shall be the same as the other ballot paper used at the polling except that it shall
be
(a) serially the last in the bundle of ballot papers issued for use at the polling station; and
(b) endorsed on the back of the ballot paper and its counterfoil with the words Tendered ballot paper' by the
Presiding Officer in his own hand duly signed by him.
(4) The elector, after making a tendered ballot paper in the voting compartment and folding it; shall, instead
of putting it into the ballot box, give it to Presiding Officer, who shall place it in a cover specially kept for
the purpose.
Rule 47
(1) If any candidate, polling agent or election agent declares and undertakes to prove that any person by
applying for a ballot paper has committed the offence of personation, the Presiding Officer shall call upon
the candidate or agent bringing forward the charges of personation to deposit with him a sum of five rupees
in cash. A separate deposit shall be required for proceeding with each charge of personation. If such deposit
is not made, the Presiding Officer shall ignore the challenge.
(2) Immediately the deposit required by sub-rule (1) has been made, the Presiding Officer shall obtain a
written statement in form XIII which shall be signed by the candidate or agent, as the case may be, in the
presence of the Presiding Officer.
(3) The Presiding Officer shall then required the applicant of the ballot paper to enter in the list of
challenged votes (which shall be in form XIV) his name and address or if he is unable to write, to affix his
thumb-impression thereto and may further require such person to produce evidence of identification.
(4) If the applicant for the ballot paper on being questioned in the manner provided in Rule 45 gives
unqualified answer to the first question in the affirmative and to the second in the negative, he shall be
allowed to vote after he has been informed of the penalty for personation. If, after the inquiry, the Presiding
Officer considers that the challenge has not been established, he shall allow the person challenged to vote;
and if he considers that the challenge has been established, he shall debar the person challenged, from
voting.
(5) If the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in good
faith, he shall direct that the deposit made under sub-rule (1) be forfeited to the Municipality/Nagar
Panchayat and in any other case, he shall return it to the challenger at the conclusion of the enquiry.
(6) The Presiding Officer shall, at the close of the poll, forward to the Election Officer the statement
mentioned in sub- rule (2) enclosed in the packet containing the list of challenged votes.
(7) The Election Officer may immediately make such investigation as may be necessary and take steps to
prosecute the person or persons whom he believes to be guilty of the offence of personation. He shall
however, stay investigation if notice of an election petition filed before the Election Tribunal and relating
to the case under investigation is received and shall resume the investigation after the disposal of the said
petition. If it is found as a result of the judicial trial connected with the prosecution that the offence of
personation has not been proved, the Election Officer shall order forfeiture of deposit to the Municipal
Council/Nagar Panchayat. In coming to a decision on this point the Election Officer shall be guided by the
facts and conclusions recorded at the trial. If there is no such judicial trial, the Election Officer shall in his
discretion, decide whether having regard to the relevant circumstances, the deposit shall be declared to
have been forfeited to the Municipal Council/Nagar Panchayat, the deposit as has not been declared to have
been forfeited shall be returned to the person who made the deposit.
Rule 48
(1) An elector who has inadvertently dealt with his ballot paper in such a manner that it cannot be
conveniently used as a ballot paper may on returning it to the presiding officer and satisfying him of the
inadvertence obtain another ballot paper in place of the spoilt one the later on being marked as "Spoilt :
cancelled" by the Presiding Officer.
(2) If an elector, after obtaining a ballot paper decides not to use it, he shall return it to the Presiding
Officer, and the ballot paper and the Counterfoil thereof shall be marked as Returned: Cancelled' by the
Presiding Officer.
(3) All ballot papers cancelled under sub-rule (1) and sub-rule (2) shall be kept in a separate packet.
Rule 49
(1) A Presiding Officer, Polling Officer, public servant, polling agent or election agent who being entitled
to vote in the wards if duly appointed or authorised for duty at a polling station at which he is not ordinarily
entitled to record his vote, may apply to the Election Officer concerned for a certificate entitling him to
record his vote at the polling station where he is employed. The said certificate shall be in Form XV.
(2) If a Presiding Officer, Polling Officer, Public servant, polling agent or election agent is on duty at a
polling station not relating to the ward in which he is entitled to record his vote, the Election Officer shall
in addition to the certificate mentioned above, furnish the Presiding Officer concerned with particulars
regarding x x x the names to and serial number and symbols assigned to the candidates, standing for
election to that ward, together with a ballot paper relating to such ward and an envelope.
(3) The Election Officer shall in either case immediately send a copy of the certificate to the Presiding
Officer of the polling station as the which the person, to whom the certificate is issued is ordinary entitled
to record his vote.
(4) A person in possession of a Certificate in the form prescribed in sub-rule (1) shall deliver the Certificate
to the Presiding Officer who shall thereupon issue to the person; ballot paper in the same manner as to any
other elector. Such ballot paper shall be dealt with in the following manner--
(i) If the polling station at which the person is on duty relates to the ward in which he is entitled to vote,
then the provisions contained in Rules 40 and 42 shall apply. The Presiding Officer shall at the end of the
poll send the certificate to the Election Officer along with the statement mentioned in sub-rule (5) of Rule
52.
(ii) If the polling station at which the person is on duty be not in the ward in which he is entitled to vote, the
Presiding Officer shall issue the ballot paper x x x x with instructions similar to those contained in item (ii)
of Rule 40. The person shall proceed into the polling compartment and mark the ballot paper x x x x and
place in an envelope. He shall then stick the envelope and hand over the cover to the Presiding Officer. The
Presiding Officer shall make up into separate packets for each ward, the covers in which votes have been so
recorded, the connected certificate being fastened to the covers, seal up each such packet in the manner
specified in Rule 52 and forward the same to the Election Officer.
Rule 50
(1)
(a) Where the proceedings at any polling station are seriously interrupted or obstructed by any riot or open
violence or otherwise or where a large number of electors are unable to attend the poll at a polling station
by reason of natural calamites such as flood or fire, or any other sufficient cause the Presiding Officer shall
stop the poll, pending the receipt of the order of the Election Authority. The fact that the poll has been so
stopped shall be immediately announced by the Presiding Officer to the persons present at the polling
station.
(b) If the Presiding Officer considers it necessary to stop polling for a short interval due to heavy rain or
dislocation of work in the polling booth for some reason or other etc., or disturbance of peace in the
neighbourhood of the polling booth due to high tension among the public, he can do so by informing the
public to that effect under intimation to the Election Officer. In such an event, the poll can be resumed and
continued beyond the period fixed for the poll to the extent of the time for which the poll was stopped.
(2) Where a Presiding Officer stops a poll under sub-rule (1) (a), he shall observe the procedure laid down
in Rule 52 and forth with make a full report of the circumstance to the Election Officer who shall forward
the same expeditiously with his remarks thereon, if any, to the Election Authority.
(3) The Election Authority shall thereupon under the direction of the State Election Commissioner order--
(a) that the poll be continued at the polling station for the number of hours for which it was not held on the
previous occasion, provided that not less than 50% of the voters have cast their votes; or
(b) that the proceedings at the poll held at the polling station on the previous occasion be ignored and that a
fresh poll be held at such polling station for the full number of hours for which it should have been held on
the previous occasion. Any order passed by the Election Authority under this sub-rule shall be final.
(4) Any order passed under sub-rule (3) shall--
(a) state--
(i) the date on which and the hours between which the continuation poll or the fresh poll, as the case may
be, shall be held; and
(ii) the date on which and the place and hour at which, the Election Officer will commence the counting of
the votes under Rule 54; and
(b) be published in the manner laid down in Rule 5 not less than seven days before the date fixed for the
continuation poll or for the fresh poll, as the case may be.
(5)
(a) Where an order is passed under clause (a) of sub-rule (3) for the continuation of the poll, the Election
Officer shall proceed afresh under sub-rule (1) of Rule 31 and return to the Presiding Officer appointed
under that sub-rule, all the packets received by him under sub-rule (2) of this rule.
(b) The Presiding Officer shall open the packets just before the commencement of the continuation poll in
the presence of such persons as may be present at the polling station and commence such poll precisely at
the hour fixed therefor in the order passed by the Election Authority under clause (a) of sub-rule (3).
(c) At the continuation poll, the Presiding Officer shall allow only such electors to vote who did not vote on
the previous occasion.
(6) Where an order is passed under clause (b) of sub-rule (3) for holding a fresh poll, the Election Officer
shall proceed afresh under sub-rule (1) of Rule 31 and a fresh poll shall be held at the polling station
concerned in accordance with the provisions of these rules in all respects as if it were being held at such
polling station for the first time.
Explanation :- There shall be no fresh nominations in cases falling under this sub-rule.
(7) Notwithstanding anything contained in this rule, if a candidate dies at any time before orders are passed
by the election authority under sub-rule (3) or at any time after the passing of such orders but before the
commencement of continuation poll or of the fresh poll, as the case may be, the Election Officer shall upon
being satisfied of the fact of the death of the candidate, intimate such fact to the Election Authority and stop
all further proceedings in connection with the election and start election proceedings afresh in all respects
as if for a new election to the (seat) concerned:
Provided that no fresh nomination shall be necessary in the case of the remaining candidates who stood
nominated at the time when poll was stopped.
Rule 51
(1) If at any election a ballot box is unlawfully taken out of the custody of the Election Officer or the
Presiding Officer and is in any way tampered with or is either accidentally or internationally destroyed or
lost, the election to which such ballot box relates shall be void but only in respect of the polling at the
polling stations or station at which such ballot box was used and no further:
Provided that where a polling station has more than one polling booth and any such ballot box as aforesaid
was used at one polling booth, the election to which such ballot box relates shall be void but only in respect
of the polling at the polling booth at which such box was used and not further.
Provided further that if at any election any such error or irregularity in procedure as is likely to vitiate the
poll is committed at the polling station or at a place fixed for the poll, such election shall also be void but
only in respect of the polling at the polling station or place and no further.
(2) Whenever the election at any polling station or at any polling booth shall become void under sub-rule
(1), the Election Officer shall, as soon as practicable after the act or event causing such violence has come
to his knowledge, report the matter to the Election Authority. The Election Authority shall, with the
previous approval of the State Election Commissioner, appoint a day for the taking of a fresh polling in
such polling station or in such polling booth, as the case may be, and fix the hours for the taking of a fresh
polling in such polling station or in such polling booth, as the case may be, and fix the hours for the taking
of such poll. The votes cast at such election shall be counted along with the votes cast at the original poll.
(3) In every such case as aforesaid the Election Officer shall take a fresh poll in such polling station or in
such polling booth, as aforesaid, on the day so appointed by the Election Authority and shall notify the day
so appointed and the hours of polling so fixed in such manner as the State Election Commissioner may
direct and the provisions of the Act and of any rules or orders made thereunder shall apply to every such
fresh poll as they apply to the original poll.
Rule 52
(1) The Presiding Officer shall close the polling station at the hours appointed for closing under Rule 5 or
sub-rules 1(b) and (4) of Rule 50 as the case may be, and shall not thereafter admit any elector into a
polling station: Provided that all electors present at the polling station before it is closed shall be allowed to
cast their votes.
(2) If any question arises as to whether any elector shall, for the purpose of the proviso to sub-rule (1) be
deemed to be present within the polling station before it is closed, the question shall be referred to the
Presiding Officer whose decision shall be final.
(3) The Presiding Officer of each polling station, as soon as practicable after the close of the poll, shall
close the slit of the ballot box and where the box does not contain any mechanical device for closing the
slit, he shall seal up the slit and also allow any polling agent present to put his seal. The ballot box
thereafter be sealed and secured.
(4) The Presiding Officer of each polling station as soon as practicable after the close of the poll shall, in
the presence of any candidate, polling agent or election agent, who may be present, make up into separate
packets and seal with his own seal and the seals of such candidates or agents as may decide to affix their
seals:
(i) the tendered ballot papers;
(ii) the unused ballot papers with counterfoil or foils;
(iiA) the Counterfoils of issued ballot papers including tendered ballot papers;
(iii) the spoilt ballot papers;
(iv) the marked copy of the electoral roll;
(v) the tendered votes list;
(vi) the list of challenged votes with the statement or statements mentioned in sub-rule (3) of Rule 47;
(vii) the covers referred to in clause (ii) of sub-rule (4) of Rule 49; and
(viii) any other paper directed by the Election Officer in a sealed cover.
(5) Each packet shall be numbered and shall bear a note as to contents, the name of the polling station and
name and number of the ward. Where no vote has been recorded at any polling station, the Presiding
Officer shall submit a nil report together with the statement in Form XVI referred to in sub-rule 6.
(6) The packets shall be accompanied by a statement in a separate cover in form XVI, made by the
Presiding Officer, showing the number of ballot papers in the ballot boxes, unused, spoilt and tendered
ballot papers. x x x x
Rule 53
(1) The Presiding Officer shall then as soon as may be, deliver the ballot boxes and all such packets and
papers used at the polling station or cause them to be delivered to the Election Officer at such places as he
may direct.
(2) The Election Officer shall make adequate arrangements for the safe transport of all ballot boxes,
packets and other papers referred to in this rule from polling stations and for their safe custody until the
commencement of the counting of votes.
Rule 54
(1) The counting of votes shall commence on the day and at the place and hour appointed in that behalf.
Votes shall be counted by or under the supervision of the Election Officer. Each candidate, the election
agent of each candidate and counting agent of each candidate shall have a right to be present at the time of
counting. No other person shall be allowed to be present except such person as the Election Officer may
appoint to assist him in counting votes and no person shall be appointed to assist in counting votes who has
been employed by or on behalf of any candidate for any purpose whatsoever connected with the election.
(2) The Election Officer shall, before commencing to count the votes, read out the provisions of Section 18
of the Act to such persons as may be present and shall then count and check all the ballot boxes placed for
the counting of votes and satisfy himself that all such ballot boxes as contain the ballot papers which are to
be counted at such place have been received and accounted for.
(3) The Election Officer shall allow the candidates and their election agents and counting agents present at
the counting, reasonable opportunities to inspect the ballot boxes and their seals for satisfying themselves
that they are in order.
(4) If any ballot box is found by the Election Officer to have been tampered or interfered with or destroyed
or lost, or if at any time, before counting of votes is completed and ballot papers used at a polling station or
at a place fixed for the poll are unlawfully taken out of the custody of the Election Officer or are
accidentally or intentionally destroyed or lost or are damaged or tampeted with to such an extent that the
result of the poll at that polling station or place cannot be ascertained the Election Officer shall postpone
the counting of votes and shall follow the procedure laid down in Rule 51. After the fresh poll under that
rule has been completed, he shall recommence the counting on the date and the time and place appointed
by him in this behalf, of which notice has been previously given to the candidates and their counting
agents.
(5) The ballot boxes relating to all polling stations in a ward and all envelopes pertaining there to enclosed
which may have been received shall be opened one after another according to the serial number of the
polling station. The election officer shall take out the ballot papers from all the ballot boxes. The ballot
papers so taken out shall be mixed, counted and record the total number of votes counted by the candidates
concerned in a statement.
(6) The Election Officer shall allow the candidates and their agents reasonable opportunities to inspect
without handling, all ballot papers which in his opinion are liable to be rejected. He shall endorse the word
rejected' on every ballot paper which is rejected. If any candidate or agent present questions the correctness
of the rejection, he shall also record on the ballot papers the grounds for the rejection.
(7) The Election Officer shall, as far as particable, proceed continuously with the counting of the votes; and
shall, during any necessary intervals during which the counting has to be suspended, place the ballot
papers, packets and other documents relating to the election under his own seal and the seals of such
candidates or agents as may desire to affix them and shall cause adequate precautions to be taken for their
custody.
Rule 55
(1) A ballot paper shall be rejected if--
(a) the mark is not made thereon; or
(b) the mark is set opposite the name of more than one candidate or is so placed as to render it doubtful to
which candidate it is intended to apply; or
(c) the mark and some other figures or set opposite the name of the same candidate; or
(d) it bears any mark of writing by which the elector can be identified; or
(e) is a spurious one; or
(f) it is so damaged or mutilated that its identity as a genuine ballot paper cannot be identified; or
(g) bears the marks belonging to a ward different from that of the ballot box in which it is found:
Provided that a ballot paper shall not be rejected under clause
(e) if the Election Officer is satisfied beyond reasonable doubt that the ballot paper was the one issued by
the presiding officer of the polling station concerned.
(2) A postal ballot paper which is not duly marked, or on which--
(a) more than one mark is placed against any candidate's name; or
(b) the mark is set opposite the name of more than one candidate or is so placed as to render it doubtful to
which candidate it intended to apply.
(c) a mark is placed in such a manner as to make it doubtful to which candidate it has been given; or
(d) the signature of the voter is not duly attested shall be invalid.
(3) The decision of the Election Officer as to the validity of a ballot paper or a postal ballot paper shall be
final subject only to reversal on an election petition.
Rule 56
(1) After the Election Officer has completed the scrutiny and counting of votes, he shall prepare a return of
the results of the polling in Form XVII and shall, subject to the provisions of Rule 60 declare that the
candidate who has secured the largest number of valid votes has been duly elected.
(2) Any candidate or his agent shall, on application be permitted to take a copy of an extract from the return
in Form XVII.
Rule 57
(1) The Election Officer shall not open the sealed packets containing tendered ballot papers and the marked
copy of the electoral roll. He shall verify the statement submitted by the presiding officer under sub-rule (6)
of Rule 52 by comparing it with the number of accepted ballot papers, rejected papers and unused ballot
papers in his possession.
(2) The Election Officer shall then make up into separate bundles in respect of each candidate--
(i) such of the ballot papers as have been accepted as valid; and
(ii) the remaining ballot papers which have been rejected as invalid. He shall then make up both the
bundles into one packet and seal the packet with his own seal. He shall also reclose and reseal each of the
other packets which were opened by him and record on each such packet a description of its contents.
Disposal of ballot papers
Rule 58
(1) In case the Commissioner is not Election Officer, the Election Officer shall after declaring the results,
forward a copy of the return to the Commissioner of the Municipality concerned and shall hand over to the
Officer authorised by the Election Authority the packets of the ballot papers whether counted, rejected or
tendered and the counterfoils of the used ballot papers. These packets shall not be opened and their contents
shall not be inspected or produced except under the orders of election tribunal or other competent Count.
(2) The Officer so authorised shall retain the packets and the marked copies of the electoral roll for a year
and shall then, unless otherwise directed by the orders of an election tribunal or other competent court,
cause them to be destroyed.
Rule 59
(1) If any person has been elected for more wards then one, he shall by notice in writing signed by him,
intimate to the Election Officer the ward for which he chooses to serve. Such intimation shall reach the
Election Officer within seventy-two hours of the declaration of the results of elections in the last ward for
which such person stood as a candidate.
(2) On receipt of the intimation, the Election Officer shall declare the said person to have been elected for
the ward chosen by him. In default of such intimation, the Election Officer shall declare him to have been
elected for any one of the wards. In either case, election proceedings shall be started afresh for filling up
the vacancy in the other ward or wards for which such person has been elected.
Rule 59A
xxxx
Rule 60
If there is an equality of votes between any two or more candidates, the Election Officer, shall, after notice
to the candidates concerned decide by drawing lots which candidate or candidates shall be declared to have
been elected. The Election Officer, shall permit the contesting candidates if they so desire, to sign on the
chits before drawing lots.
Rule 61
(1) The name or names of the candidate or candidates duly elected shall be forwarded without delay by the
Election Officer to the Director of Printing and Stationery, Government Central Press, Hyderabad for
publication in the Andhra Pradesh and shall also be published on the notice board of the Municipal Office.
(2) The Election Officer shall send a list of elected candidates to the Election Authority and the Collector
concerned and also to the Revenue Divisional Officer concerned in case of first, second and third grade
municipalities together with their address.
Rule 62
For the purpose of the Andhra Pradesh Municipalities Act, 1965 the date on which a candidate is declared
by the Election Officer under these rules to have been elected to a Municipal Council shall be the date of
election of the candidate irrespective of the date of publication of the result in the Gazette.
Rule 63
(1) If any question arises as to the interpretation of these rules otherwise than in connection with an enquiry
held under the rules for the decision of disputes as to the validity of an election, the question shall be
referred to the State Election Commissioner whose decision shall be final:
Provided that the State Election Commissioner shall not entertain any petition relating to irregularities that
arise from the time of calling for nominations and till the declaration of results. Such cases shall be decided
by the Election Tribunal.
(2) Pending the decision of the State Election Commissioner on any such reference made to them or the
issue of final orders on any enquiry which the State Election Commissioner may institute upon receipt of
information that an election is being or about to be held in contravention of the rules, it shall be lawful for
the State Election Commissioner to direct the stay of the election proceedings at any stage thereof prior to
the declaration of the results. Any election held continued in contravention of the orders of the State
Election Commissioner under this rule, shall be void and of no effect whatsoever.
(3) Unless it is otherwise ordered by the State Election Commissioner, election proceedings stayed under
this rule shall on cancellation of the stay order, proceed from the stage at which they were stayed on fresh
dates to be fixed.
(4) If any difficulty arises as to the holding of any election under these rules, the State Election
Commissioner may, by order, do anything not inconsistent with these rules which appears to them
necessary for the proper holding of the election.
Rule 64
Notwithstanding anything contained in the foregoing rules, the State Election Commissioner or the Election
Authority may, for special reasons empower the Election Officer to fix dates and periods other than those
specified or fixed by order under these rules, for all or any of the stages of the election proceedings
connected therewith.
Rule 65
Notwithstanding anything contained in these rules prescribing the periods for various stages of elections, if
due to any unexpected cause or any holiday is declared, the next working day shall be deemed to have been
fixed for that purpose and the subsequent period will be reduced to that extent.
Rule 66 Maximum election expenses
(1) No expenses, exceeding such amount, as may be specified by the State Election Commission by
notification, from time to time, shall be incurred or authorised to be incurred by a contesting candidate or
his election agent, if any, or on account of or in connection with the conduct and management of an
election to the office of Member of a Ward.
(2) Every candidate at an election shall, either by himself or by his election agent, keep a separate and
correct day to day account of all expenditure in connection with election, incurred or authorised to be
incurred by him, or by his election agent between the date on which he has been nominated and the date of
declaration of the result thereof, both dates inclusive.
(3) It shall be competent for the State Election Commission to issue such instructions, as they may deem
necessary, for the purposes of carrying out the provisions of sub-rules (1) and (2) thereof.
APPENDIX 1 Nomination paper to be filled by the Candidate
FORM See Rule 6(1) and (4)
[FORM-I
[ See Rule 6(1) and (4) ]
Nomination paper to be filled by the Candidate
Election to the .................... Municipality Nomination of ................ for election as Councillor from
....................... ward.
1. Full name of the candidate :
2. Number of candidate in the electoral roll :
3. Father's or Husband's name :
4. Present age :
5. Sex :
6. Community :
7. Occupation and address :
8. Full name of the proposer :
9. No. of the proposer in the electoral roll :
10. Signature of the proposer :
(to be filled by the candidate)
[I declare that I am willing to stand for Election as member from the ward ................ of Municipality/Nagar
Panchayat on the symbol of ................................. party/free symbol allotted by the Election Officer as per
the direction of the State Election Commission.
I further declare that the code of conduct prescribed by the State Election Commission has been read by me
read over to me and I will abide by the conditions stipulated therein.]
Signature of the candidate
(To be filled by the Election Officer)
(Serial number of the nomination paper.
The nomination paper was delivered to me at my office at ............................ (hours) on .........................
(date) by the candidate/proposer.
Date: Election Officer or Authorised person.
Decision of Election Officer accepting or rejecting the Nomination Paper
I have examined this nomination paper in accordance with Rule 10 of the Andhra Pradesh Municipal
Councils (Conduct of Elections) Rules, 1965 and decide as follows:
Receipt for Nomination Paper and Notice of Security
(To be handed over to the person presenting the nomination paper).
Serial Number of nomination paper ....................................................................
The nomination paper of ................................................ a candidate for election as Councillor from Ward
............................................... Municipality was delivered to me at my office .............................................
(hours) on ...................................... (date) by the candidate/proposer. All nomination papers will be taken up
for scrutiny at .......................... (hours) on ......................... (date) .................................. Place.
Date: Election Officer or other authorised person
APPENDIX 2 FORM
FORM
See Rule 9
FORM - II
[See Rule 9]
List of nominations received on (date) for [ward]
1. Serial Number :
2. Name of the candidate :
3. Father's or Husband's name :
4. Sex :
5. Community :
6. Occupation and address :
7. Name of the proposer :
8. Seat for which nomination is filed :
Election Officer or other authorised person.
APPENDIX 2A List of validy nominated candidates Election the ward members ....................
Municipality
FORM FORM - II-A See Rule 10(4)
[FORM - II-A
[See Rule 10(4)]
List of validy nominated candidates
Election the ward members .................... Municipality
Sl.No. Name of the Candidate Name of Father/Mother/Husband Address of Candidate Party Affiliation (1)
(2) (3) (4) (5)
Place ....................
Date ..................... ELECTION OFFICER
APPENDIX 2B Notice of withdrawal of candidature by the candidate
FORM FORM - II-B See Rule 12(i)
FORM - II-B
[See Rule 12(i)]
Notice of withdrawal of candidature by the candidate
Election to the ..............................
The Election Officer,
I, .......................... (candidate validly nominated) at the above election do hereby give notice that I
withdraw my candidature.
Signature of (Validity nominated Candidate)
Place ..............................
Date ...............................
This notice was delivered to me at my office at ........................................................... (hour) .........................
on ..................................... (date) by ..................................... (name), that ..............
Date ....................... Election Officer.
Receipt for Notice of Withdrawal
(To be handed over to the person delivering the notice)
The notice of withdrawal of candidature by ................................. (Validly nominated candidate) at the
election to the ............................... was delivered to me by that .................... at my office at
............................ (hour) on ............................ (date).
Election Officer.
APPENDIX 2C Notice of withdrawal of candidates
FORM FORM - II-C
See Rule 12(2)
FORM - II-C
Notice of withdrawal of candidates
[See Rule 12(2)]
Election to the ward member/
............................... Municipality.
Notice is hereby given that the following validly nominated candidate/candidates at the above election
withdraw his candidature/their candidatures today.
Name of validly Address of validly Remarks Nominated candidate Nominated candidate 1.2.3.4.5.6.7.8.
APPENDIX 3 Declaration in the case of Scheduled Tribes/Scheduled Castes/ Backward Class
Candidate
FORM FORM - III See Rule 6(3)(8)
[FORM - III
[See Rule 6(3)(8)]
Declaration in the case of Scheduled Tribes/Scheduled Castes/ Backward Class Candidate
I hereby declare that I am a member of the ............................... Tribe/Caste/Class which has been declared
to be Scheduled Tribe/Scheduled Caste/Backward Class in Andhar Pradesh in relating to
................................. District or area in the State.
Date: (Signature of the candidate)
APPENDIX 4 List of Contesting Candidates
FORM FORM - IV See Rule 12(1)
[FORM - IV]
[See Rule 12(1)]
[List of Contesting Candidates]
Name of the Municipality ..........................................................................
Number or name of the ward ......................................................................
Sl.No. Name of Candidate Sex of Candidate Communities to which the Candidates belong Address of
Candidates Distinctive symbols assigned to candidates (1) (2) (3) (4) (5) (6)
APPENDIX 5 Appointment of an Election Agent
FORM FORM - V See Rule 17 (1)
FORM - V
[See Rule 17 (1)]
Appointment of an Election Agent
To
The Election Officer,
I ...................................... of ........................................... a candidate for the election to the
................................... Council ................................. from .......................................... ward to be held in
............................ 19 hereby appoint ................................... of ........................... as may election agent.
Dated this ................................ day of ............................... 19
Signature of candidate.
I accept the above appointment.
Signature of Election Agent.
APPENDIX 6 Appointment of Polling Agent
FORM FORM - VI See Rule 18(1)
FORM - VI
[See Rule 18(1)]
Appointment of Polling Agent
Election to the Municipal Council of ............................. from ....................... ward
To
The Election Officer for ........................................ ward ................................
I, .................................................. a candidate for ................................................... Election Agent of
.................................. ward who is candidate at the present election, do hereby give notice that I have
appointed ................................................. as a polling agent to attend the polling station
................................... the polling both No. .......................... at the polling station ................................ the
place fixed for the poll.
Signature of candidate
Election Agent.
I agree to act as such Polling Agent.
Date: Signature of Polling Agent.
Declaration of Polling Agent to be signed before the Presiding Officer
I hereby declare that I will not at this election for ......................... ward do anything forbidden by Section
18 of the Andhra Pradesh Municipality Act, 1965 which I have read or which has been read out and
explained to me.
Signature of Polling Agent.
Signed before me.
Date: Presiding Officer.
APPENDIX 7 Appointment of Counting Agent
FORM See Rule 19 (1)
FORM - VII
[See Rule 19 (1)]
Appointment of Counting Agent
Election to the Municipal Council ......................... from ........................... ward.
To
The Election Officer of Municipality ................................... a candidate for ................. I,
......................................... the Election Agent of ............................ who is a candidate on the present
election, do hereby give notice that I have appointed ................................................... as a counting agent to
attend ........................................ as the counting of votes.
Signature of candidate.
Election Agent
I agree to act as such counting agent.
Date: Signature of Counting Agent.
Declaration of Counting Agent to be signed before the Election Officer
I, hereby declare that I will not at this election for ............................... ward, do anything forbidden by
Section 18 of the Andhra Pradesh Municipalities Act, 1965 which I have read or which has been read out
and explained to me.
Date: Signature of Counting Agent. Signed before me Date: Election Officer.
APPENDIX 8 Instructions
FORM See Rule 25(1)
[FORM - VIII
[See Rule 25(1)]
Instructions
1. The number of candidates for whom the voter may vote is ............................
2. Not more than one vote may be given to a candidate.
3. Votes shall be recorded by placing a mark on the ballot paper opposite the name of the candidate for
whom the voter wishes to vote. (Please also see further intructions in the accompanying letter).
4. A voter shall obtain the attestation of his signature on the back of this form by a Magistrate to whom the
voter is personally known or to whose satisfaction the voter has been identified; or
(a) in case where the voter is a member of the Armed Forces of the Union, or a member of the Armed
Police Force of the State serving outside the State, by the Commanding Officer of the unit in which the
voter is employed, and
(b) in case where the voter is a person subject to preventive detention, by the Superintendent of the Jail or
the Commandant of the detention camp in which the voter is under detention.
5. The Attesting Officer shall attest the signature of the voter but not his vote which should not be recorded
in the presence of the attesting officer.
Form on the backside.
Serial number of ballot-paper ........................................................
I hereby declare that I am the person whose name appears as voter No. ................... on the electoral roll for
............................. ward and that I have not voted in this ward in any other manner and that at this ordinary
election I have not voted in any other ward.
Date: Signature of the Voter.
Signed in my presence by ................................. who is personally known to me (or who has been identified
to my satisfaction.)
Name :
Address :
Date : Signature of the Attesting Officer, Address
APPENDIX 9 Form of Cover
FORM See Rule 25(2)(a)
FORM - IX
[See Rule 25(2)(a)]
Form of Cover
Election to the .................................. Council .............................. 19 ........... ward ............... ................
To
The Election Officer,
.................................. Ward ....................................... (Address) ................................................. No.
.........................................
APPENDIX 10 Form of letter of Intimation
FORM See Rule 25(2)(c)
[FORM - X
[See Rule 25(2)(c)]
Form of letter of Intimation
Elections to the ................................................................ Council ................................ of
........................................................ 198
Dear Sir/Madam,
1. The persons whose names are printed on the ballot paper sent herewith are the contesting candidates for
the election to the Council. Should you desire to vote at this election, I have to request that;
(a) you will record your vote by placing a mark on the ballot paper opposite the name of the candidate for
whom you wish to vote;
(b) you shall not place mark opposite the name of the more than one candidate;
(c) you will sign the declaration on the back of the ballot paper in the presence of an attesting officer who
shall attest only your signature but not your vote which you should not record in the presence for the
attesting officer; and
(d) you will then place the ballot paper in the envelope sent with this letter and close it up and enclose the
envelope in the cover addressed to me and return the cover to me by prepaid post or by messenger so as to
reach me before 5 p.m. on the ....................... day of ................. 198 .
2. Covers returned by post on which the postage has not been prepaid will not be received by me.
3. The officers who are empowered to attest ballot papers have been specified in the instructions sent along
with the ballot-paper.
4. Rule 28 of the Andhra Pradesh Municipal Councils (Conduct of Elections) Rules, 1965, provides that if a
voter is illiterate or his unable due to physical incapacity to record his vote and sign the declaration on the
back of the ballot-paper he may make his declaration and record his vote by the hand of an officer referred
to in paragraph 3 above who is empowered to attest his signature and such voter may for this purpose
deliver his ballot-paper together with the envelope and the cover sent with this letter to such officer and
request him to sign the declaration on the back of the ballot paper and to mark the ballot paper for such
voter. The said rule further provides that such officer;
(a) shall on being so requested by the voter certify on the back of the ballot paper the voter's incapacity and
shall attest the fact that he was requested by the voter to sign the declaration on the back of the ballot paper
and to mark the ballot paper for him and that he has put the mark on the ballot paper in accordance with the
wishes of the voter and that the ballot paper was so signed and marked by him in the presence of the voter;
and
(b) shall thereupon place the marked ballot paper in the envelope mentioned above and close the same and
enclose it in the cover referred to above and seal it and handover the sealed cover to the voter and the voter
shall then sand it forthwith to the Election Officer in accordance with the instructions contained in clause
(d) of paragraph I of the letter.
6. Rule 55(2) of the aforesaid rules provides as follows: A postal ballot paper which is not duly marked or
on which (a) more than one mark is placed against any candidate's name or (b) a mark is placed in such a
manner as to make it doubtful to which candidate it has been given or (c) the signature of the voter is not
duly attested, shall be invalid.
7. Your number on the electoral roll for ..................................................................... Ward is
.................................................. You should insert this number in the declaration on the back of the ballot
paper.
Address : Yours faithfully,
Date : Election Officer
APPENDIX 11 FORM
FORM
See Rule 37(1)
[FORM - XI
[See Rule 37(1)]
E.R.No.
S.No. of Elector .......................................................................................................... M unicipality No.
............................................................. Signature or thumb impression of the Elector
...................................................................... Municipality No. .......................................... Sl.No. Name of
the Candidate Symbol 1.2.3.4.5.
APPENDIX 11A Declaration by the Companion of blind or inform voter
FORM
FORM - XI-A
Declaration by the Companion of blind or inform voter
Elections to the ................................. Municipality .................................. form .................. Wa rd No.
................................ (Seat No.) ...................................... Name of the Polling Station/Booth.
I ................................................... son of ......................................... aged ................. ................. Years,
resident of B ....................................... hereby declared that ...................................
1. I have not acted as companion of any other elector at any polling Station/Booth today, the
................................. and.
2. I will keep secret the vote recorded by me on behalf of .............................................
Signature of the Companion.
APPENDIX 11B List of Blind and Infirm Voters
FORM See Rule 43(2)
FORM XI-B
[See Rule 43(2)]
List of Blind and Infirm Voters
Election to the ..................................... Municipality from ........................................ Ward No.
................................. (Seat No. ..........................), and name of the polling Station Booth ...........
Part No.& Sl.No.of Elector Full name of theElector Full name oftheCompanion Address ofcompanion
Signature or left handthumb impression ofcompanion (1) (2) (3) (4) (5)
Date:
Signature of Presiding Officer.
APPENDIX 12 Tendered Voters List
FORM See Rule 46(2)
FORM - XII
[See Rule 46(2)]
Tendered Voters List
Election to ward ............................ of ............................ Municipality .................................... Name and
number of the Polling Station ...............................................
Part No.,Sl.No. and Name of Elector Address of Elector Serial No. of Tendered ballot paper Serial No. of
the ballot paper issued to the person who has already voted Signature or left hand thumb impression of
person tendering vote (1) (2) (3) (4) (5)
Date :
Signature of Presiding Officer.
APPENDIX 13 Declaration of the personation
FORM See Rule 47(2)
FORM - XIII
[See Rule 47(2)]
Declaration of the personation
I, (name) ......................................... hereby declare and undertake to prove that the person described below
has, by applying for a ballot paper at this polling station, committed the offence of personation.
Declaration of the person
Name ..................................................... Signature or thumb-impression.
Address .................................................. Signature of candidate or agent.
(Before me).
Signature of Presiding Officer.
APPENDIX 14 List of Challenged Votes
FORM FORM - XIV See Rule 47(3)
FORM - XIV
[See Rule 47(3)]
List of Challenged Votes
Election to ward ............................................ of ................................. Municipality .......................
Name and Number of Polling Station .......................................................................
Sl.No. of entry Name of Elector Part of Roll Elector's name in that part Signature or thumb impression of
person challenged (1) (2) (3) (4) (5)
Address of the person challenged Name of the Identifier, if any Name of challenger Orders of Presiding
Officer Signature of challenger on receiving refund of deposit (1) (2) (3) (4) (5)
Date :
Signature of Presiding Officer.
APPENDIX 15 Form of authorisation to vote outside polling area
FORM FORM - XV See Rule 49 (1)
FORM - XV
[See Rule 49 (1)]
Form of authorisation to vote outside polling area
Certified that ...................................... entitled to vote at ............................... for ...................... ward
.................................. has been employed in connection with the election for ...................... ward and is
prevented from voting at the said station and that I have therefore authorised him to vote at
........................................
State :
Date : Signature of Election Officer.
APPENDIX 16 Ballot paper Account to be sent by the Presiding Officer
FORM See Rule 52(6)
[FORM -XVI
[See Rule 52(6)]
Ballot paper Account to be sent by the Presiding Officer
Polling Station :
Ward : ........................... Municipality.
Sl.No. Particulars Number of Remarks (1) (2) (3) (4) 1. Ballot-papers received 2. Ballot-papers issued to
voters 3. Ballot-papers in packets [Rule 49(4)(ii)] 4. Tendered ballot-papers (Rule 46) 5. Number un-used
6. Number spoilt 7. Ballot-papers dealt with under Rule 49(4)included under Column (3) 8. Ballot-papers
cancelled
APPENDIX 17 FORM
FORM
See Rule 56(1)
[FORM - XVII
[See Rule 56(1)]
PART - I
Return showing of the election for ......................................... Ward in the ..................................
Municipality.
Sl.No. Name of the Candidate Number of valid votes cast 1.2.3.4.5.
Total number of valid votes ........................................
No. of rejected ballot papers ..........................................
Total number of ballot papers in the Ballot Box ................................. or Boxes
1. Signature of Counting person
Date : 2. Signature of Election Officer.
PART - II
Delcaration to be made by the Election Officer
"I do hereby declare Sri/Srimathi .................................................. has been duly elected for
....................................... ward ....................... in the .............................. Municipality.
Election Officer."
ANDHRA PRADESH MUNICIPALITIES (CHECK-MEASUREMENT OF WORKS) RULES, 1972
In exercise of the powers conferred by Sub-section (1) of Section 326 of the Andhra Pradesh Municipalities
Act, 1965 (Act 6 of 1965) the Governor of Andhra Pradesh hereby makes the following rules relating to
check measurement of municipal works, the same having been previously published at pages 443-445 of
Rules Supplement to Part II of the Andhra Pradesh Gazette, dated the 4th December, 1969 as required by
Clause (a) and (b) of Sub- section (1) of Section 372 of the said Act.
Rule 1
These rules may be called "The Andhra Pradesh Municipalities (Check-measurement of Works) Rules,
1972."
Rule 2
These rules shall apply to all Municipal works other than the works executed by she Government under
sub-rule (3) of Rule 11 of the Andhra Pradesh Municipalities (Municipal Works) Rules, 1967 issued in
G.O.Ms.No.114, M.A., dated the 28th February, 1967.
Rule 3
(1)
(a) The check-measurement of every municipal work shall be done by the Municipal Engineer, Grade-I,
where there is a First Grade Municipal Engineer.
(b) The check-measurement of every municipal work whose cost does not exceed Rs.25,000 may be done
by Municipal Engineer, IInd Grade where there is a second Grade Municipal Engineer. In the case of any
work the cost of which exceeds Rs.25,000 the Executive Engineer (Public Health) who is having
jurisdiction over that area shall check-measure, each such work, as may items as may be possible of the
final bill.
(c) The check-measurement of every work the cost of which does not exceed Rs.8,000 in the case of
original work and Rs.12,000 in case of maintenance work, the Municipal Engineer, Grade-III shall check-
measure where there is such an Engineer and also a Municipal Supervisor who shall record the
measurements. In case where there is Municipal Engineer, Grade III but no Municipal Supervisor, the
Municipal Engineer, should record the measurements and in this case, no check-measurement in necessary.
(d) Where there is a post of Municipal Supervisor possessing the qualification of Municipal Engineer,
Grade III but no Municipal Engineer, the Municipal Supervisor will exercise the powers of Municipal
Engineer, Grade-III.
(e) In the case of municipal works, the costs of which exceeds the technical sanctioning powers of
Municipal Engineer, Grade-III or Municipal Supervisor, the works shall be checked-measured by the
Assistant Engineer (Public Health) or Executive Engineer (Public Health) who has jurisdiction over the
area.
(2)
(a) All the ordinary road maintenance works and the work of metalling roads and any other metalling work,
the cost of which does not exceed Rs.2,500 shall be check-measured by the Commissioner.
(b) In the case of works other than those mentioned in clause (a) and in the case of any work of a special
nature in respect of which the Commissioner considers that technical assistance is necessary the check-
measurement shall be done by an Executive Engineer or under his orders, by an Assistant Engineer
concerned of the Public Health Department.
Rule 4
Check-measurement shall be conducted with discretion in order to detect errors in measurement and to
prevent fraudulent entries in measurement books selecting such items which appear to be obviously
incorrect or easily susceptible of fraud or seriously affect the total amount of the bill if inaccurate. The
check measuring officer shall check as many items as are necessary to enable him to give the check-
measurement certificate and take responsibility on himself for all the measurements in respect of which he
gives such certificate.
Rule 5
The check-measuring officer shall indicate the fact of having check-measured the work in the measurement
book at the time of such check-measurement by initialing on the left hand side of the columns particulars'
in line with the item check-measured.
Rule 6
In addition to check-measurement by the Municipal Engineer of Commissioner, the Engineer of the Public
Health Department may test-check, check-measure and inspect the works and exercise similar powers so
laid down in Rules 6, 13 and 14 of the Municipal Works Rules:
Provided that the Chairperson, Municipal Council or the Municipal Commissioner, as the case may be
request the technical authority empowered to check-measure and take up test check of works at any time.
Rule 7
A check measuring office shall not; make an entry "measured in my presence" but shall record the
measurements, sign himself along with the measuring-officer.
Rule 8
Where the measurement of any portion of a work is likely to become impossible when the work would
advance beyond a certain stage, the check-measurement shall be done sufficiently early.
Rule 9
(1) Measurement of all Jungle to be cleared, whether the jungle is solid or patches, shall be recorded by the
overseers or supervisors or by the Municipal Engineer where there is no engineering subordinate, in a
measurement book before clearance.
(2) The Municipal Engineer or other check-measuring officer shall then check-measure the work before
clearance.
(3) The check-measuring officer shall inspect the clearance of the jungle before payment is made for the
same.
Rule 10
The check-measuring officer shall obtain from the overseer or supervisor or engineer, as the case may be,
the measurement book in which measurements of the work concerned have been recorded and shall note in
the measurement book under his initials the date or dates on which the check measurement is actually
performed together with the difference, if any, noticed by him in the measurements.
Rule 11
(1) Check-measurement of materials collected on the road side or a street or a group of streets or a ward
shall ordinarily be done after the collection on the road or street or group of streets, or ward as the case may
be is completed so as to avoid allowing any opportunity to commit fraud.
(2) When the collection of materials already done is found incomplete and further materials are required for
the road or street or group of streets or wards, such further collection shall be suspended and the material
already collected shall be check-measured and ordered to be spread. After the spreading of the materials is
complete and check-measured and after the balance of materials at site, if any, is recorded and check-
measured further collection of materials shall be proceeded with.
Rule 12
Check measurement of works shall ordinarily be made as early as possible after their completion. In no
case, shall the check measurement be delayed for more than a period of two weeks from the date of
completion of the work. In case of scheme works spread over number of years, check measurement of part-
done work shall be made atleast on in a month.
Rule 13
At the end of each month, every overseer, supervisor or engineer shall submit to the check measuring
officer and to the officer empowered to make a test check, a list of works that have to be check measured or
test check and shall also intimate the check measuring officer all cases of completed works within a week
of such completion with final measurements.
Rule 14
(1) Besides the list and intimation referred to in the above rules the overseer, supervisor or engineer shall,
within a week after recording the measurements bring to the notice of the check measuring officer cases
where in prompt check measurement of part done work is necessary such as foundations and other works of
defaceable nature.
(2) On receipt of such intimation the check measuring officer shall arrange to check measure the work as
expeditiously as possible.
Rule 15
A fee of one percent of the value of the work check measured subject to a minimum of fee of Rs.10
(Rupees ten only) for each the State Fund for check measurement done by the Executive Engineer or the
Assistant Engineer of the Public Health Engineering Department.
ANDHRA PRADESH MUNICIPALITIES (FUNCTIONING OF THE COMMITTEE) RULES, 1969
In exercise of the powers conferred by clause (a) of sub-section (2) of Section 326, read with Section 74 of
the Andhra Pradesh Municipalities Act, 1965 ( Act 6 of 1965), the Governor of Andhra Pradesh hereby
makes the following rules relating to the functioning of the Committee constituted under Section 74 of the
Act, the same having been previously published at pages 154-157 of Rules Supplement to Part I of the
Andhra Pradesh Gazette, dated the 23rd May, 1968 as required by clause (a) of sub-section (1) of Section
327 of the said Act.
Rule 1
There rules may be called the Andhra Pradesh Municipalities (Functioning of the Committee) Rules, 1969.
Rule 2
In these rules, the words and expressions used but not defined shall have the meaning assigned to them in
the Andhra Pradesh Municipalities Act, 1965 (hereinafter called the Act).
Rule 3
Selection of candidates for the preparation of a panel in respect of the posts of officers and employees
sanctioned under Section 73 of the Act, the pay or the maximum pay of which exceeds eighty rupees per
mensem, shall be made by a Committee consisting of Director of Municipal Administration, concerned
Head of the Department and the President of the Chamber of Municipal Chairperson (hereinafter called the
committee).
Rule 4
The Director of Municipal Administration shall be the Chairman of the Committee and he shall convene
the meetings of the Committee.
Rule 5
The quorum for a meeting of the Committee shall be two, but the Chairman may adjourn any business at a
meeting if he is of the opinion that it cannot conveniently be transacted owing to the non-attendance of any
member.
Rule 6
All decisions of the Committee shall be recorded in such manner as the committee may decide. It shall be
open to any member who dissent from a decision to record his dissent and if he thinks fit, also to record his
reasons for such dissent.
Rule 7
There shall be four Zones in the State for the purpose of recruitment to the posts of Municipal officers and
employees specified in Rule 3 as indicated below and the meetings of the Committee shall be conducted at
the centres (Stations) noted against each zone:-
Rule 8
(1) The Chairperson, Municipal Council, shall furnish a statement on the 1st January of every year to the
Chairperson of the Committee of the estimated number of vacancies in posts, the pay or the maximum pay
of which exceeds Rs. 80 p.m. and which are to be filled up during the financial year commencing from the
April next.
(2) The Chairperson, Municipal Council, shall also furnish the names with service particulars of the
Municipal Officers and employees who are eligible for appointment to each category of the post. In respect
of vacancies to be filled up by direct recruitment, he shall call for list of candidates of this purpose from the
Employment Exchange, concerned and forward the list to the Chairperson of the Committee. He shall also
include in that list the names of persons who are appointed temporarily under Rule 14 for consideration of
the Committee.
(3) In case the Employment Exchange fails to send the list of candidates for three consecutive calls, the
Chairperson, Municipal Council shall invite applications by advertisement through the Newspapers
circulating in the district and municipality after giving the particulars as to the number of vacancies to be
filled and the qualifications prescribed for each post. On receipt of the applications, the Chairperson,
Municipal Council, shall forward the same to the Chairperson of the Committee with a covering letter
indicating the list of candidates who are qualified for the post.
(4) Notwithstanding anything contained in this rule, the Chairperson, Municipal Council shall, within one
month from the date of commencement of these rules, submit the names of all persons appointed on
temporary basis for the vacancies that have arisen from the 2nd April., 1965 till that date with all their
qualifications and date of their appointments. The Committee shall consider the suitability of such
candidates for regular appointments and pass such orders as it deems fit. The executive committee
concerned shall take action in respect of these temporary appointments according to the decision
communicated by the committee.
Rule 9
After receipt of statements from all the Chairmen, Municipal Councils in the zone, the Chairperson of the
Committee shall call for the names of the probationers, if any, in the municipality who have commenced
probation before 2nd April, 1965 (i.e., the date on which the Act has come into force) in each category. The
Committee shall prepare the panel municipality-wise to the posts to be filled up by the promotion in
accordance with the rules- relating to the recruitment to those categories for the time being in force.
Rule 10
For appointments to the posts to be filled up by direct recruitment separate panels shall be prepared
municipality-wise from the lists received under Rule 8. The selection of the candidates shall be based on
the academic qualifications, the comparative merit and additional qualifications, if any. The Committee
shall also observed the rules of representation to the members of Scheduled Castes, Scheduled Tribes and
the socially and educationally Backward Classes or Physically handicapped for the time being in force.
Rule 11
(1) The Committee shall arrange in the order of merit for each municipality the names of the candidates
selected and forward the list of such candidates the Chairperson of the Municipal Council concerned.
(2) The Executive Committee of the Municipal Council shall fill up all the posts, the pay or the maximum
pay of which exceeds Rs. 80 p.m. from the list so approved and furnished by the Committee.
(3) While making the appointments the Executive Committee shall follow the order of seniority of each
candidate as assigned to them by the Committee.
Rule 12
No names included in the list of candidates shall be deleted from the list without the previous approval of
the Committee.
Rule 13
In respect of the matters for which no provision is made either in the Act or in these rules, the Committee
may regulate its proceedings in such manner as it thinks fit.
Rule 14
Where it is necessary, in the interest of administration, to fill up immediately a vacancy without waiting for
the list from the Committee, the Chairperson, Municipal Council shall call for the candidates from
Employment Exchange and the Executive Committee may appoint temporarily without rights over the post
until a person appointed in accordance with Rule 11. Such temporary appointment shall in no case exceed
three months on each occasion, and shall at once be reported to the Chairperson of the Committee and also
a copy sent thereof to the concerned Head of the Department.
Rule 15
Notwithstanding anything contained in these rules, the Government shall have to revise in any manner they
consider suitable, the panel prepared by the Committee.
ANDHRA PRADESH MUNICIPAL COUNCILS (CONSTITUTION OF WARDS COMMITTEES,
ELECTION OF CHAIR PERSONS, POWERS AND FUNCTIONS ETC.,) RULES, 1995
In exercise of the powers conferred by sub-section (1) of Section 326 read with Section 5-B of Andhra
Pradesh Municipalities Act, 1965 (Act 6 of 1965), the Governor of Andhra Pradesh hereby makes the
following rules.
Rule 1 Short title
These rules may be called the Andhra Pradesh Municipal Councils (Constitution of Wards Committees,
Election of Chairpersons, Powers and Functions etc.) Rules, 1995.
Rule 2 Definitions
In these Rules
(i) Unless the context otherwise requires "Act" means the Andhra Pradesh Municipa- lities Act, 1965 (Act
No.6 of 1965);
(ii) "Annual Income" means the amount realised through all sources during the last financial year except
teaching grants and loans;
(iii) "Form" means Form appended to these rules;
(iv) "Government" means the Government of Andhra Pradesh;
(v) "Member' means a member of the Ward Committee;
(vi) "Wards Committee' means the Wards Committee constituted under Section 5-B of Andhra Pradesh
Municipalities Act, 1965 (Act No.6 of 1965);
(2) The words and expressions used but not defined in these rules shall have the meanings respectively
assigned to them in the Act.
Rule 3 Constitution of Wards Committees
(1) The Commissioner and Director of Municipal Administration shall by order constitute Wards
Committees as laid down in Section 5-B of the Act and the said order shall specify the Ward comprised
therein.
(2) Where an order issued under sub-rule (1) results in the material alteration of the Wards Committee of a
Municipality, Commissioner and Director of Municipal Administration may direct that the alteration shall
take effect from the next ordinary elections.
(3) The Commissioner and Director of Municipal Administration may also constitute Wards Committees
for a Municipality having a population of less than three lakhs provided the annual income of the said
Municipality is not less than rupees four crores.
Rule 4 Secretary of Wards Committee
(1) After consideration of the Wards Committee by the Commissioner and Director of Municipal
Administration under Section 5-B of the Act. The Municipal Commissioner within a week from the date of
issue of such order shall specify an officer of the Municipality to be the Secretary of each Wards
Committee.
Rule 5 Election of Chairperson
(1) The Secretary of the Wards Committee shall within fifteen (15) days from the date of publication of
Notification in District Gazette constituting Wards Committees issue a notice of seven (7) clear days to the
members of the Wards Committee fixing the date, time and place to elect the Chairperson of the Wards
Committee from among themselves in a meeting specially convened for the purpose. He shall also conduct
election to the office of Chairperson on the appointed day.
(2) The election shall be conducted within fifteen (15) days from the date of issue of notice under Rule 1.
(3) The quorum for the meeting shall be not less than one-half of the members of the Wards Committee.
(4) If at such a meeting the Chairperson is not elected another special meeting shall be convened for the
purpose by the Secretary within a week from the date of such meeting. A notice of three clear days shall be
given to the members of Wards Committee for convening the meeting indicating therein the date, time and
place of the meeting:
Provided that where the election of Chairperson could not be conducted in the first two meetings for want
of quorum the Chairperson shall be elected in the third meeting from among the members present without
insisting quorum.
(5) Such meetings shall be presided over by the Secretary of the Wards Committee.
Rule 6
(1) If within half an hour after the time appointed for a meeting referred to in Rule 5 a quorum is not
present the meeting shall stand adjourned, unless all the members present agree to wait longer.
(2) A member shall propose the name of one of the members as Chairperson. The names of all the
candidates duly proposed shall be read out by the Secretary. A member can propose a name only once. The
contesting candidates shall be given thirty minutes time for withdrawal.
Rule 7
(1) If there is only one validly nominated candidate, he shall be declared to have been elected.
(2) If there are two or more candidates, an election shall be held by secret ballot.
(3) Where the election has to be conducted under sub-rule (2), a symbol shall be assigned to each candidate
by the Secretary in consultation with the candidates. Serial numbers shall also be assigned to the candidates
with reference to the alphabetical order of their surnames in Telugu. Where there is no surname, the proper
name shall be taken into consideration and when initials only precede the proper name, the initials have to
be ignored. The Secretary shall then announce to the members the serial numbers and symbols assigned to
each candidates.
Rule 8
(1) At the place set apart for voting, the Secretary shall provide a ballot box and voting compartment. The
ballot box shall be so constructed that the ballot papers can be inserted therein but cannot be withdrawn
therefrom without the box being unlocked.
(2) The Secretary shall immediately before the voting is taken, show the ballot box empty to such members
as may be present so that they may see that it is empty and shall then lock it up and place his seal upon it in
such manner as to prevent its being opened without breaking such seal. The ballot box shall then be kept in
full view of those present at the meeting.
(3) Every member wishing to vote shall be supplied with a ballot paper in the Form I on which the
Secretary shall have, before its supply, affixed a stamp and signed on the reverse pertain thereon so as to
indicate its authenticity.
(4) No member shall be allowed to enter the voting compartment when another member is inside the
compartment.
(5) If owing to blindness or other physical infirmity a member is unable to recognise the symbols on the
ballot paper or to make a mark thereon, the Secretary shall record vote on the ballot paper in accordance
with the wishes of the member, fold it so as to conceal the vote and insert it into the ballot box.
(6) While acting under sub-rule (5) the Secretary shall observe such secrecy as is feasible and shall keep a
brief record of each such instance but shall not indicate therein the manner in which any vote has been
given.
(7) After all the members present at the meeting have voted, the Secretary shall close the poll and take up
counting of the votes.
(8) The Secretary shall then open in the presence of the members present the ballot box, take out the ballot
papers therefrom, count them and record the number thereof in a statement. A ballot paper shall be rejected
if--
(a) the mark is not made thereon;
(b) it bears any mark by which a voter can be identified;
(c) it does not bear the signature of the Secretary;
(d) the mark is set opposite the name of more than one candidate so as to render it doubtful to which
candidate it is intended to apply;
(e) it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or
(f) it bears more marks than the vacancies to be filled up.
(9) The Secretary shall then declare the results in accordance with the following instructions--
(i) if there are only two candidates, the one who secures the higher number of votes shall be declared to
have been elected. In the event of there being an equality of votes between the two candidates, the
Secretary shall draw lots in the presence of members present and the candidate whose name is first drawn
shall be declared to have been duly elected;
(ii) if there are more than two candidates, the one who obtains the lowest number of votes shall be
eliminated and the voting be taken again. If there is an equality of votes among all the candidates or if two
or more candidates lowest on the list have obtained an equal number of votes the Secretary shall decide by
drawing lots in the presence of members present, which of such candidates shall be eliminated. The
elimination shall be repeated until two candidates only are left, then voting shall be taken for the last time
and the candidate who secured the higher number of votes shall be declared to have been duly elected. In
the event of there being an equality of votes at the final stage between the two remaining candidates the
Secretary shall draw lots in the presence of the members present and the candidate whose name is first
drawn, shall be declared to have been duly elected.
Rule 9
Immediately after the declaration of the results, the Secretary shall prepare a record of the proceedings of
the meeting and sign it attesting with his initial every correction made therein and also permit any member
present at the meeting to affix his signature to such record, if that member expresses his desire to do so.
Rule 10
(1) The Secretary shall then make up into separate packets the ballot papers relating to each candidate,
whether counted or rejected, seal up each packet and not thereon a description of its contents as to be
election to which it relates and the date thereof.
(2) These packets shall not be opened and their contents shall not be inspected or produced except under
the orders of a competent court.
(3) The packets shall be retained in the safe custody in the Municipal Office by the Commissioner for a
year and shall then, unless otherwise directed by the orders of a competent court, be destroyed.
Rule 11
After the declaration of the result, the Secretary shall sign the proceedings in Form II indicating the name
of the person elected as Chairperson. The Secretary shall thereafter send an attested copy of the said Form I
to the Commissioner, Municipal Council for placing a copy of it on the Notice Board of the Municipal
Office, under intimation to the District Collector, Commissioner and Director of Municipal Administration,
Regional Director-cum-Appellate Commissioner of Municipal Administration and the Government.
Rule 12 Powers and functions of Chairperson
(1) The Chairperson of the Wards Committee shall convene the meetings of the Wards Committee. Every
meeting of the Wards Committee shall be presided over by the Chairperson.
(2) At the first meeting in every year of the Wards Committee the Chairperson may nominate from among
the members a panel of not more than two temporary Chairpersons, any one of whom presides at any
meeting of the Wards Committee in the absence of Chairperson in the order in which they are nominated in
the panel.
(3) The Chairperson shall preserve over and shall decide all points of order arising at or in connection with
the meeting. There shall be no discussion on any point of order and the decision of Chairperson on any
point of order shall be final.
(4) When the conduct of a member in the opinion of the Chairperson is disorderly, he/she may direct that
such member shall withdraw from the meeting of Wards Committee and such member shall thereupon
withdraw and shall not be allowed to attend for the remainder of the day's meeting.
(5) If any member who has been ordered to withdraw continues to remain in the meeting, the Chairperson
may take steps to cause him to be removed.
Rule 13
The Chairperson shall refer any resolution of the Wards Committee to the Municipal Council for its
consideration which in his opinion is in excess of the powers of the Wards Committee.
Rule 14
All official correspondence between the Wards Committee and the Municipal Council shall be conducted
in the name of the Chairperson.
Rule 15
The Chairperson may incur in each case contingent expenditure incidental to the office administration of
Wards Committee an amount not exceeding Rs.100.
Rule 16
He/She shall report the expenditure so incurred to the Wards Committee at its next meeting:
Provided that no such expenditure shall be incurred if there is no provision available to meet the
expenditure under the relevant head in the Budget of Wards Committee.
Rule 17
The Chairperson if he/she so chooses to resign, may sent his/her letter of resignation in writing to the
Secretary of Wards Committee. The Secretary shall, on receipt of such resignation, place it before the next
meeting of the Wards Committee which shall accept the resignation after satisfying its genuineness. Before
the resignation is accepted by the Wards Committee, it shall be open to the Chairperson to withdraw such
resignation by writing a letter under his/her hand addressed to Secretary.
Rule 18
(1) The Chairperson shall cease to hold office if he/she ceases to be a member of the Ward Committee.
(2) In case the Chairperson is incapacitated due to any reason or a vacancy arises due to death or
resignation, the Wards Committee shall elect another member from among themselves for the remaining
term of the office of Chairperson within fifteen (15) days from the date of occurrence of vacancy in
accordance with the procedure prescribed in these rules.
Rule 19 Duties and powers of Members
(1) No member shall vote, or take part in discussion of any question coming up for consideration at a
meeting of the Wards Committee, if the question is one in which, apart from its general application to the
public, he has personal interest or he/she or his/her partner has any direct or indirect pecuniary interest.
(2) The Chairperson may prohibit any member from voting or taking part in the discussion of any matter in
which he/she for reasons to be recorded in writing, believes such member to have such interest, or he/she
may require such member to absent himself/herself during the discussion.
(3) Such member may challenge the decision of the Chairperson who shall, thereupon, put the question to
the meeting and the decision of the meeting shall be final.
(4) If any member present at the meeting believes that the Chairperson has any such personal or pecuniary
interest in any matter under discussion, the Chairperson shall, if a motion to that effect be carried, absent
himself/herself from the meeting during discussion.
(5) The member concerned shall not be entitled to vote on the question referred to in sub-rule (3) and the
Chairperson concerned shall not be entitled to vote on the motion referred to in sub-rule (4).
Rule 20
(1) Any member may call the attention of the Chairperson to any neglect in the execution of Municipal
work, to any waste of municipal property or to the wants of any locality and may suggest any
improvements which may appear desirable.
(2) Every member shall have the right to move resolutions and to interpellate the Chairperson on matters
connected with the Municipal Administration.
(3) Every member shall have access during office hours to the records of the Wards Committee after giving
a reasonable notice to the Chairperson:
Provided that the member shall not have access to such records of the Wards Committee if they are
considered as confidential or secret by the Chairperson.
Rule 21 Powers and functions of Ward Committees
The Ward Committee shall be assigned with the function of :-
(i) Maintenance of sanitation;
(ii) Maintenance of water supply and drainage;
(iii) Maintenance of street lighting;
(iv) Maintenance of roads;
(v) Maintenance of markets;
(vi) Maintenance of parks and play grounds; and
(vii) Maintenance of school buildings wherever they are under the control of the Municipality.
Rule 22
The Wards Committee shall have powers to review the revenue collections.
Rule 23
The Wards Committee shall prepare draft annual budget and forward to the Municipal Council for
consideration and incorporation in the Annual Budget of the Municipal Council.
Rule 24
The works/schemes sanctioned for the Wards Committee shall be executed by the Commissioner.
Rule 25 Mode of transaction of business
The Wards Committee shall provide an office and shall meet therein for the transaction of business atleast
once in every month upon such days and at such times as it may fix and also at other times as often as
meeting is called by the Chairperson:
Provided that no meeting shall be held on public holiday and on the day on which a meeting of the
Municipal Council is proposed to be held.
Rule 26
(1) No meeting shall be held unless notice of the day and time when the meeting is to be held and of the
business to be transacted thereat has been given atleast three clear days before the day of the meeting.
(2) In cases of urgency the Chairperson may convene a meeting on giving shorter notice than that specified
in sub-rule (1).
(3) The agenda for the meeting shall be prepared by the Secretary in consultation with the Chairperson. The
Secretary may include in the agenda any subject which, in his opinion, should be considered by the Wards
Committee and shall include therein any subject specified by the Chairperson. On any subject included in
the agenda the Chairperson as well as the Secretary shall have the right of recording his views in a note and
such note shall be circulated to the members or placed before the Wards Committee before at the time of
the consideration of such subject by the Wards Committee.
Rule 27
(1) The Chairperson shall, on the requisition in writing of not less than one-half of the members then on the
Wards Committee convene a meeting of the Wards Committee provided the requisition specified the day,
other than a public holiday, the time and the purpose for which the meeting is to be held. The requisition
shall be delivered at the office of the Wards Committee during office hours, to the Chairperson, Secretary
or any other person who may then be incharge of that office atleast seven clear days before the day of the
meeting.
(2) Where the Chairperson fails within forty eight hours from the delivery of such requisition to call a
meeting on the day specified therein, such meeting may be called by the members who singed the
requisition on giving the notice of three clear days to the other members.
Rule 28
All meetings of the Wards Committee shall be open to the public:
Provided that the Chairperson may, and at the request of the Wards Committee shall, in any particular case,
for reasons to be recorded in minutes book kept under Rule 36 direct that the public generally, or any
particular person, shall withdraw.
Rule 29
All questions which may come before the Wards Committee at any meeting shall be decided by a majority
of the members present by voting at the meeting and in every case of equality of votes, the Chairperson
shall have a casting vote.
Rule 30
When a member gives a dissent note, the Chairperson shall incorporate the same in the minutes book. If the
Chairperson fails to record the dissent note given by any member in the minutes book, the Secretary shall
record the same and intimate the member who gave the dissent note.
Rule 31
No business shall be transacted at a meeting unless there be present atleast one-half of the total members
then on Wards Committee.
Rule 32
If within half an hour after the time appointed for a meeting a quorum is not present, the meeting shall
stand adjourned, unless all the members present agree to wait longer.
Rule 33
No resolution of Wards Committee shall be modified or cancelled within three months after the passing
thereof except at a meeting specially convened in that behalf and by a resolution of the Wards Committee
supported by not less than one-half of the members then on the Wards Committee.
Rule 34
Minutes of the proceedings at the meeting of the Wards Committee shall be drawn up and entered in a book
to be kept for that purpose; and shall be singed by the Chairperson; and the said minutes shall, at all
reasonable times and without charge, be open at the Wards Committee office for the inspection of any
person who pays any tax under this Act in the area of Wards Committee.
Rule 35
Within three (3) days of the date of the meeting, a copy of the minutes of the proceedings at such meeting
in English and in the main language of the district, shall be forwarded by the Secretary to the Municipal
Council. An authenticated copy of the said minutes shall also be affixed to the Notice Board of the Wards
Committee office.
Rule 36
The Secretary shall have the custody of the proceedings and records of the Wards Committee and may
grant copies of any such proceedings and records on payment of such fees as the council may, by general or
special order determine. Copies shall be certified by the Secretary as provided in Section 76 of the Indian
Evidence Act, 1872 (Central Act I of 1872) and copies so certified may be used to prove the records of the
Wards Committee in the same manner as they may, under sub-section (5) of Section 71 of the said Act, be
used to prove the proceedings of that body.
APPENDIX 1 Appendix
Appendix
Appendix
FORM - I
BALLOT PAPER
[See rule 6(3)]
Sl.No.
Name of the Candidate
Symbol assigned
(1)
(2)
(3)
1.
2.
3.
4.
5.
FORM - II
[See rule 11]
Proceedings of the election of Chairperson of Wards Committee No. ....................... of
...................................... Municipal Council.
This is to notify that Sri/Smt. ....................... has been declared elected as Chairperson of Ward Committee
No. ........................................ comprising of Ward Nos. ................................. of ................... ................
Municipality of the meeting held on .......................................... in the premises of.
Secretary
Ward Committee No.
ANDHRA PRADESH MUNICIPALITIES AND NAGAR PANCHAYATS (PREPARATION AND
PUBLICATION OF ELECTORAL ROLLS) RULES, 2001
In exercise of the powers conferred by sub-section (1) of Section 326 read with Section 11 of the Andhra
Pradesh Municipalities Act, 1965 read with Andhra Pradesh Municipal Laws (Fourth Amendment) Act,
2001 (Act No.34 of 2001) and in supersession of the Andhra Pradesh Municipalities and Nagar Panchayats
(Registration of Electors) Rules, 1994 issued in G.O. Ms. No.625, M.A., dated 14th December, 1994, the
Governor of Andhra Pradesh hereby makes the following rules for Preparation and Publication of Electoral
Rolls in Municipalities and Nagar Panchayats in the State.
Rule 1 Short Tile, extent and commencement
(1) These rules may be called the Andhra Pradesh Municipalities and Nagar Panchayats (Preparation and
Publication of Electoral Rolls) Rules, 2001.
(2) These rules shall apply to all the Municipalities and Nagar Panchayats in the State.
(3) These rules shall come into force from the date of publication in Andhra Pradesh Gazetee.
Rule 2 Definitions
In these rules, unless the context otherwise requires-
(a) "Election Commission" means the State Election Commission constituted under Articles 243-K read
with Article 243-ZA of the Constitution of India;
(b) "Roll" means the electoral roll for the Municipality/Nagar Panchayats;
(c) "Section" means a section of the Act;
(d) words and expressions used but not defined in these rules shall have the meanings respectively assigned
to them in the Andhra Pradesh Municipalities Act, 1965.
Rule 3 Preparation of Electoral Roll
The Electoral Roll for the Municipality/Nagar Panchayat shall be such part or parts of the current electoral
roll of the Andhra Pradesh Legislative Assembly Constituencies, prepared and published under the
Representation of the People Act, 1950, as relates to the Municipality/Nagar Panchayat, which shall be
prepared by such person authorised by the State Election Commissioner, on such date as may be specified
by the Election Commission, and any amendments issued to the said electoral roll of the Assembly
Constituencies, thereafter, as they relate to the Municipality/Nagar Panchayat, upto the date of election
notification, shall be carried out therein.
Rule 4 Form and Language of the roll
(1) The roll shall be prepared in such form as the Election Commission may direct.
(2) The roll shall be prepared in such language or languages in which the roll or rolls of the Andhra Pradesh
Legislative Assembly Constituencies, which forms part of Municipality/Nagar Panchayat area are prepared.
Rule 5 Publication of copies of electoral rolls
(1) As soon as the roll is prepared in accordance with these rules, the same shall be divided into as many
lists as there are ward as per the delimitation of wards by the person authorised under Rule 3 and sufficient
number of copies shall be taken and shall be published along with notice in Form-I for inspection by the
general public;
(a) on the notice board of the Municipal/Nagar Panchayat Office concerned;
(b) on the notice board of the office of the person authorised under Rule 3;
(c) on the notice board of the office of the concerned Mandal Revenue Officer;
(d) on the notice board of the office of the concerned Revenue Divisional Officer;
(e) supply free of cost one copy of each separate list of the roll to every political party for which a symbol
has been exclusively reserved by the Election Commission;
(2) Upon such publication under this rule, the roll shall be the electoral roll of the Municipality/Nagar
Panchayat and shall remain in force till a fresh electoral roll is prepared and published.
Rule 6 Procedure for lodging claims and objections
All omissions of names in any part of the roll or objections to any entry in the roll, at any point of time after
its publication under Rule 5, shall be settled only after a suitable amendment to the relevant entry in the
Electoral Roll of the Legislative Assembly Constituency is made based on which the Municipality/Nagar
Panchayat electoral roll was prepared. Anybody wishing to prefer a claim for inclusion or deletion of any
name in the roll or any objection in respect of any entry in the roll so published, shall submit a proper claim
or objection under the provisions of the Registration of Electors Rules, 1960 made under the
Representation of People Act, 1950 to the Electoral Registration Officer of the concerned Legislative
Assembly Constituency. Subject to the provisions of Section 11 of the Andhra Pradesh Municipalities Act,
1965 and based on the orders of the Electoral Registration Officer of the Assembly Constituency on such
claims and objections, the person authorised by the State Election Commissioner shall carry out
consequential amendments in the Electoral Roll of the Municipality/Nagar Panchayat upto and date of
election notification. In case of any clerical or printing error or both, or when the entries deviate from the
particulars of the Assembly Electoral Roll, the person authorised by the State Election Commissioner may
cause such errors rectified, so as to bring it in conformity with the particulars of the Assembly Electoral
Roll concerned. However, the person authorised by the State Election Commissioner, shall not resort to suo
motu revision of the rolls by way of deletions or additions or modifications.
APPENDIX 1 Notice of Publication of Electoral Roll
Form
Form I
Notice of Publication of Electoral Roll
[See Rule 5]
Notice is hereby given that the Electoral Roll of the Municipality/Nagar Panchayat has been prepared
ward-wise as per delimitation of wards, in accordance with the Andhra Pradesh Municipalities/Nagar
Panchayats (Preparation and Publication of Electoral Rolls) Rules, 2001 by adopting the existing entries in
the relevant part of the Electoral Roll for Legislative Assembly Constituency prepared under the
Representation of the People Act, 1950. The same is kept open for inspection by general public.
2. Any person who wishes to lodge any claim for including his/her name in the roll or any objection to the
inclusion of a name or any objection to the particulars in any entry in the said roll, shall first get such claim
or objection settled with reference to the corresponding in the Electoral Roll of the Assembly
Constituencies by lodging suit-table claim or objection under the provisions of the Representation of
People Act, 1950 and the Registration of Electors Rules, 1960 made thereunder, before the Electoral
Registration Officer of the concerned Assembly Constituency.
3. All orders of inclusion, deletion or corrections issued on the basis of these claims and objections by the
said Electoral Registration Officer till the date of the election notification will be duly incorporated in the
Electoral Roll of the Municipality/Nagar Panchayat.
Authorised Officer and
......................................
Municipality/Nagar Panchayat.
ANDHRA PRADESH MUNICIPALITIES (FIXATION OF STRENGTH OF NAGAR
PANCHAYATS AND MUNICIPAL COUNCILS) RULES, 1994
In exercise of the powers conferred by sub-section (1) Section 326 read with Section 5 of the Andhra
Pradesh Municipalities Act, 1965 and in supersession of all the rules and orders issued on the subject, the
Governor of Andhra Pradesh, hereby makes the following rules for fixation of strength of Nagar
Panchayats and Municipal Councils in the State.
Rule 2
In these rules unless the context otherwise requires
(i) "Act" means the Andhra Pradesh Municipalities Act, 1965;
(ii) "Government" means the Government of Andhra Pradesh;
(iii) The words and expressions used but not defined in these rules shall have the meanings respectively
assigned to them in the Act.
Rule 3
A Nagar Panchayat shall consist of fifteen directly elected members.
Rule 4
The Government by notification in Andhra Pradesh Gazette shall declare the number of members of the
Municipal Councils in accordance with the following table, excluding the ex-officio members or co-opted
members as specified in Clauses (ii), (iii), (iv), (v) and (vi) of sub-section (2) of Section 5 of the Act.
ANDHRA PRADESH MUNICIPALITIES (PAYMENT OF TRAVELLING ALLOWANCE AND
DAILY ALLOWANCE TO THE CHAIRPERSON, VICE-CHAIRPERSON AND MEMBERS)
(INCLUDING THE EX-OFFICIO MEMBERS) RULES, 1988
In exercise of the powers conferred by sub-section (1) of Section 326 read with Section 54 of the Andhra
Pradesh Municipalities Act, 1965 (Andhra Pradesh Act No. 6 of 1965), and in supersession of all the
previous orders issued on the subject, the Governor of Andhra Pradesh hereby makes the following rules
for the payment of Travelling Allowance and Daily Allowance to the Chairperson, Vice-Chairperson and
members (including the Ex-officio Members).
Rule 1
These Rules may be called the Andhra Pradesh Municipalities (Payment of Travelling Allowance and
Daily Allowance to the Chairperson, Vice-Chairperson and Members) (including the Ex-officio Members)
Rules, 1988.
Rule 3
The Director of Municipal Administration, shall be the final authority regard to regulation of any matter
arising out of the application of these rules.
ANDHRA PRADESH MUNICIPAL COUNCILS/NAGAR PANCHAYATS (CO OPTION OF
MEMBERS HAVING SPECIAL KNOWLEDGE OR EXPERIENCE IN MUNICIPAL
ADMINISTRATION) RULES, 1995
In exercise of the powers conferred by sub-section (1) of Section 326 read with sub-section (2) of Section 5
of the Andhra Pradesh Municipalities Act, 1965 (Act No.6 of 1965), the Governor of Andhra Pradesh
hereby makes the following rules
Rule 1 Short Title
(1) These rules may be called the Andhra Pradesh Municipal Councils/Nagar Panchayats (Co-option of
members having special knowledge or experience in Municipal Administration) Rules, 1995.
(2) These Rules shall apply to all Municipal Councils and Nagar Panchayats in the State and any reference
to a Municipality/Municipal Council wherever they occur in these rules shall apply to Nagar Panchayats
also.
Rule 2 Definitions
(1) In these rules, unless the context otherwise requires--
(i) "Act" means the Andhra Pradesh Municipalities Act, 1965;
(ii) "Commissioner" means the Commissioner of the Municipality appointed under Section 229 of the
Andhra Pradesh Municipalities Act;
(iii) "Government" means Government of Andhra Pradesh;
(iv) "Municipality" means and includes Nagarpanchayat also. (2) Words and expressions used in these rules
but not expressly defined herein shall have the meanings respectively assigned to them in the Act.
Rule 3 Persons eligible for Co-option Qualifications
No person shall be eligible to be Co-opted as a member to the Municipal Council, unless he is--
(a) a registered Voter in the Electoral Roll of the Municipal Council;
(b) a person who held office of Chairperson/Sarpanch/Member of Municipal Council/ Gram Panchayat or a
combination of these offices for a total period of not less than *[five years]; or
(c) an Advocate who has served as Municipal Standing Council for a term of 3 years;
(d) a Retired Officer who has worked in the Municipality/Municipal Corporation/ Municipal
Administration Department; or
(e) person having special knowledge in Roads and Buildings/Water Works/Town Planning/Public Health.
Rule 4 Disqualification
The provisions relating to disqualification of elected members shall apply to Co-opted members.
Rule 5 Procedure for Co option of Members
(1) The Commissioner shall, *[within sixty (60) days from the date of first meeting of the council,] call for
applications from the eligible candidates by giving wide publicity in news papers giving seven day time for
submission of applications.
(2) The applications received shall be scrutinised by the Municipal Commissioner within three (3) days
from the last date of receipt of applications.
(3) The list of eligible applicants shall be placed before the Municipal Council at its Special meeting to be
convened by the Chairperson within a fortnight from the last date fixed for receipt of applications by giving
not less than seven (7) clear days notice to the elected members including Ex-officio member: Provided
that no business shall be transacted at the meeting unless there be present atleast one-half of the sanctioned
strength of the Council including Ex-officio members; Provided further that where members could not be
co-opted in the first two meetings for want of quorum, the members shall be co- opted in the third meeting
even without quorum.
(4) If within half-an-hour after the time appointed for the Special Meeting the quorum is not present, the
meeting shall stand adjourned unless all the Members present agree to wait longer.
Rule 6
(1) In case there are more number of eligible applicants than the number of persons to be co-opted, the
Municipal Council shall co-opt the required number of persons by a voice vote.
(2) If the number of applications received from eligible candidates is less than the number of persons to be
co-opted or if no applications are received from the eligible candidates, applications shall be invited again
by following the procedure provided in Rule 5.
Rule 7
The provisions relating to the resignation of elected members shall apply to the Co-opted members.
Rule 8
Casual vacancy in the office of Co-opted member shall be filled in by following the procedure prescribed
in these rules as soon as may be, after occurrence of the vacancy:
Provided that no casual vacancy occurred within three months before the date on which the term of office
of the members expires shall be filled in; Provided further that a member co-opted by the Council to a
casual vacancy shall hold office to the residuary period of the tenure.
Rule 9
The Commissioner shall issue proceedings in the Form appended to these Rules indicating the names of
persons co-opted by the Council and Commissioner shall thereafter send an attested copy of the
proceedings to the District Collector, Commissioner, and Director of Municipal Administration, Regional
Director-cum-Appellate Commissioner and Government and he will also place a copy of it on the Notice
Board of the Municipal Office.
ANDHRA PRADESH MUNICIPALITIES (GRADATION OF MUNICIPAL COUNCILS AND NAGAR
PANCHAYATS) RULES, 1994
In exercise of the powers conferred by sub-section (1) of Section 326 read with clause (22) of Section 2 of
the Andhra Pradesh Municipalities Act, 1965 (Act No.6 of 1965) and in supersession of previous orders
issued on the subject, the Governor of Andhra Pradesh hereby makes the following rules for gradation of
Municipal Councils and Nagar Panchayats in the State.
Rule 1 Short title
These rules may be called "The Andhra Pradesh Municipalities (Gradation of Municipal Councils and
Nagar Panchayats) Rules, 1995.
Rule 2 Definitions
In these rules--
(i) "Act" means, the Andhra Pradesh Municipalities Act, 1965;
(ii) "Government" means the Government of Andhra Pradesh;
(iii) "Annual Income of the Municipality" means, the amount realised through all sources during the last
financial year except teaching grants and loans;
(iv) The words and expressions used but not defined in these rules shall have the meanings assigned to
them in the Andhra Pradesh Municipality Act, 1965.
Rule 3
*[ The Government, from time to time, by notification in the Andhra Pradesh Gazette, may, declare the
grades of Municipalities and Nagar Panchayats on the basis of annual income prescribed below :
(i) "Nagar Panchayat" means a Nagar Panchayat with an annual income of rupees one crore or less than one
crore;
(ii) "Third Grade Municipality" means a Municipality with an annual income of rupees more than one
crores and less than two crores;
(iii) "Second Grade Municipality" means a Municipality with an annual income of rupees more than two
crores and less than four crores;
(iv) "First Grade Municipality" means a Municipality with an annual income of rupees more than four
crores and less than six crores;
(v) "Special Grade Municipality" means a Municipality with an annual income of rupees more than six
crores and less than eight crores;
(vi) "Selection Grade Municipality" means a Municipality with an annual income of rupees eight crores and
above :
Provided that the Municipalities located at the District Headquarters shall normally be classified as not
lower than First Grade Municipality irrespective of its annual income.]
Rule 4
Notwithstanding anything contained in Rule 3 it shall be competent for the Government to declare by
Notification any Municipality, as of any Grade irrespective of its Annual Income for reasons to be recorded
in writing.
ANDHRA PRADESH MUNICIPALITIES (DIVISION OF NAGAR PANCHAYATS and
MUNICIPALITIES INTO WARDS) RULES, 1994
In exercise of the powers conferred by sub-section (1) of Section 326 read with clause (a) of sub-section (1)
of Section 10 of the Andhra Pradesh Municipalities Act, 1965 and in supersession of the orders issued from
time to time, on the subject, the Governor of Andhra Pradesh hereby makes the following rules for division
of Nagar Panchayats and Municipalities into wards.
Rule 1
(i) These rules may be called the Andhra Pradesh Municipalities (Division of Nagar Panchayats and
Municipalities into Wards) Rules, 1994.
(ii) These rules shall apply to all Nagar Panchayats and Municipalities in the State.
Rule 2 In these rules unless the context otherwise requires
(i) "Government" means the Government of Andhra Pradesh;
(ii) "Act" means the Andhra Pradesh Municipalities Act, 1965;
(iii) "Ward" means a territorial constituency in the Municipal area.
Rule 3
The Municipality shall be divided into as many single member wards as the number of elected members
notified under clause (1) of sub-section (2) of Section 5 of the Act:
Provided that the existing composition of Wards shall be continued until such wards are re-divided by the
Government.
Rule 4
(i) The Municipal Commissioner shall issue a notice relating to the proposal to divide/ re-divide the
Municipality/Nagar Panchayat into wards and call for suggestions from the General Public so as to reach
the Municipal Office within seven (7) days from the date of publication of the Notice, in Municipal Office,
other prominent places and a local news paper having circulation in the District.
(ii) Members of Legislature and Parliament concerned shall also be informed of the proposals in question
by the Municipal Commissioner requesting their views and suggestions in this matter within seven (7) days
from the date of receipt of the letter from the Municipal Office.
Rule 5
The Municipal Commissioner while proposing for division of Municipality/Nagar Panchayat into wards
shall take care to maintain that the population in the wards is approximately equal and voting strength is
uniform as far as possible with due regard to maintenance of natural boundaries geographical features and
contiguity of the area duly keeping in view the suggestions received from the public and Legislators if any.
Rule 6
The variation in voting strength shall not be more than ten (10) percent from one ward to the other in a
Municipality or Nagar Panchayat as the case may be:
Provided that where the number of voters in a ward is not proportionate to its population, then the voting
strength shall be taken as the basis for division of Municipality/Nagar Panchayat into wards.
Rule 7
The population figures of the last census have to be adopted for division of the Municipality/Nagar
Panchayat into wards.
Rule 8
The proposal of division of wards shall be exhaustive and supported with a sketch drawn to scale in
different colours showing the existing ward division and proposed ward division. Copies of suggestions
received from the public and Legislators, Explanatory note containing the details of suggestions received,
acceptance or rejection of the suggestions with reasons shall be submitted by Municipal Commissioner to
Commissioner and Director of Municipal Administration who in turn will submit them to the Government
with the ward division proposals.
Rule 9
The division and serial number of wards should be continuous beginning from North, East, South and West
in clock-wise direction. The description of the boundary of each ward should be clock-wise starting from
North. Natural boundaries, geographical features should be adopted in the description of the boundaries as
far as possible. Where the natural boundaries could not be adopted, survey numbers, important curves,
junctions or lines should be mentioned in the boundary description.
Rule 10
The following certificates shall be enclosed to the ward division proposals:
(a) Certificate that the boundary description of each ward has been verified and found correct.
(b) Certificate that no part of the Municipal area has been left without being included in one or other ward
of the Municipality.
(c) Certificate that no area has been included in more than one Ward.
Rule 11
After finalisation of Ward Division proposals, the Municipal Commissioner shall submit the said proposals
to the Government through Commissioner and Director of Municipal Administration. After receipt of the
proposals from Commissioner and Director of Municipal Administration the Government shall consider the
matter and issue a draft notification showing division of Municipality into wards and calling for the views
of Municipal Councils as required under Section 10 of the Andhra Pradesh Municipalities Act, 1965 and
suggestions from the Members of the Public within seven days from the Publication of the Notification in
Municipal Office and Office of the District Collector. The draft notification will be sent to Municipal
Commissioner for placing the matter before the Municipal Council for obtaining their views and to affix
the draft notification on the notice board of Municipal Office calling for suggestions about the division of
Municipality into wards. Similarly, a copy of the draft notification shall be sent to the District Collector by
the Government for getting it affixed on the notice board of the Collectorate giving an opportunity to make
suggestions about the division of the Municipality into wards.
Rule 12
After obtaining the views of the Municipal Council and after receipt of the representation, if any, on the
draft Notification, the Municipal Commissioner shall submit a report to the District Collector in this matter
together with a copy of Council Resolution within three (3) days after the expiry of the seven days period,
i.e., from the date of Publication of draft proposal. Thereafter, the District Collector will consider the
representations received from Public, report of Municipal Commissioner, and views of the Municipal
Council in this matter and submit his report to the Government through Commissioner and Director of
Municipal Administration within four (4) days after receipt of report from Commissioner.
Rule 13
The Government in consultation with Commissioner and Director of Municipal Administration examine
the report of the District Collector, views of the Municipal Council and representations received from the
Public in the matter and issue final notification dividing the Municipality into wards. The final notification
shall be Published in Andhra Pradesh Gazette.
ANDHRA PRADESH MUNICIPALITIES (DISQUALIFICATION OF CHAIRPERSON OR
MEMBERS ON GROUND OF DEFECTION) RULES, 1988
In exercise of the powers conferred by sub-section (1) of Section 326 read with Section 16-A of the Andhra
Pradesh Municipalities Act, 1965 (Act 6 of 1965), the Governor of Andhra Pradesh hereby makes the
following rules, relating to the disqualification of Chairman/ Chairperson or Member on the ground of
defection.
Rule 1
(1) These rules may be called the Andhra Pradesh Municipalities (Disqualification of Chairperson or
Members on the ground of Defection) Rules, 1988.
(2) They shall apply to all the Municipalities in the State of Andhra Pradesh.
Rule 2
(1) In these rules, unless the context otherwise requires:-
(a) "Act" means the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965) as amended by Act 9 of
1987;
(b) "Chairman" means the Chairman of the Municipal Council;
(c) "Chairperson" means the Chairperson of the Municipal Council;
(d) "Commissioner" means the person appointed as Commissioner under sub-section (1) of Section 29 of
the Andhra Pradesh Municipalities Act, 1965 (Act No.6 of 1965)
(e) "member" means a member of the Municipal Council;
(f) "Date of Commencement" in relation to these rules, means the date on which these rules take effect;
(g) "Form" means a form appended to these rules;
(h) "Leader" in relation to a political party in the Municipal Council means a member of the party chosen
by it as its leader.
(2) Words and expressions used herein but not defined shall carry the same meaning as is assigned to them
in the Andhra Pradesh Municipalities Act, 1965.
Rule 3
(1) The leader of each political party in the Municipal Council shall, within thirty days after the first
meeting of the Council, furnish to the Municipal Commissioner a statement (in writing) containing the
names of the members for such Political party in the Municipal Council together with other particulars
regarding such members as show in Form-I.
(2) Where a political party in the Municipal Council consists of only one Member, such Member, shall
furnish the particulars as shown in Form I within thirty days after the first meeting of the Municipal
Council.
(3) In the event of any increase in the strength of a political party in the Municipal Council consisting of
only one member, the provisions of sub-rule (1) shall apply in relation to such political party in the
Municipal Council, as if such party had been formed on the first date on which its strength increased.
(4) Whenever any change takes place in the information furnished by the Leader of a political party in the
Municipal Council under sub-rule (1), he shall within thirty days thereafter, furnish in writing to the
Municipal Commissioner with respect to such changes.
(5) Where, the Chairman/Chairperson or the Member of a Municipal Council belonging to any political
party votes or obstains from voting in such Municipal Council contrary to any direction issued by such
political party or by any person or authority authorised by it in this behalf, without obtaining, in either case,
the prior permission of such political party, person or authority the leader of the political partyin the
Municipal Council concerned or where such Member is the leader or as the case may be, the sole Member
of such political party in the Municipal Council such Members shall, as soon as may be after the exspiry of
fifteen days from the date of such voting or abstention, inform the Municipal Commissioner as in Form II
whether such voting or abstention has or has not been condoned by such political party, person or authority.
Rule 4
(1) Every Member/Chairman/Chairperson who has taken his seat in the Council before the date of
Commencement of these rules, shall furnish to the Municipal Commissioner, within thirty days from such
date, a Statement of particulars and declaration as in Form-III.
(2) Every Member/Chairman/Chairperson who takes his seat in the Council after the commencement of
these rules, shall before making and subscribing on oath affirmation under Section 386 of the Andhra
Pradesh Municipalities Act, 1965 and taking his seat in the Council, deposit with the Municipal
Commissioner, a statement of particulars and declaration as in Form-III.
Rule 5
The Municipal Commissioner shall maintain, as in Form-IV, a register based on the information furnished
under Rules 3 and 4 in relation to the Member/Chairman/Chairperson.
Rule 6
(1) No reference of any question as to whether a Member/Chairman/Chairperson has become subject to
disqualification under sub-rule (5) of Rule 3 shall be made to the Municipal Commissioner except by a
petition in relation to such Member/Chairman/Chairperson made in accordance with the provisions of this
Rule by the leader of the Political Party of the Municipal Council.
(2) Before making any petition in relation to any Member/Chairman/Chairperson the leader of the political
party in the Municipal Council shall satisfy himself that there are reasonable grounds for believing that a
question has arisen for such disqualification.
(3) Every petition:-
(a) shall contain a concise statement of the facts on which the leader of the Political Party relies; and
(b) shall be accompanied by copies of the documentary evidence if any on which the leader of Political
party relies together with the statement containing the names and addresses of such person on whom he
relies.
(c) every petition shall be signed by the Leader of the Political Party.
Rule 7
(1) Immediately on receipt of information under sub-rule (5) of Rule 3, the Municipal Commissioner, shall
intimate the fact to the Election Authority, namely the Director of Municipal Administration.
(2) On receipt of a report under sub-rule (1), the Director of Municipal Administration may either proceed
to determine the question whether the Chairman/Chairperson or Member has become subject to the
disqualification under Section 16-A of the Act, or if be is satisfied having regard the nature and
circumstances of the case that it is necessary expedient so to do, refer the report to the Regional Joint
Director of Municipal Administration/District Collector making a preliminary enquiry and submitting a
report to him.
(3) Where the Director of Municipal Administration makes a reference under sub-rule (2) to the Regional
Joint Director of Municipal Administration the Director Collector, he shall proceed to determine the
question as soon as may be after receipt of the report from the Regional Joint Director of Municipal
Administration//District Collector.
Rule 8
The Director of Municipal Administration shall give an intimation that a Chairman/ Chairperson or
Member has ex-facie ceased to hold office under Section 16-A of the Andhra Pradesh Municipalities, 1965
as amended by Act 9 of 1987.
APPENDIX 1 Name of the Corresponding Political Party
FORM - [See Rule 3 (1)] Name of the Political Party in the Municipal Council
FORM - I
[See Rule 3 (1)]
Name of the Political Party in the Municipal Council
Name of the Corresponding Political Party
Sl.No. Name of the Members/Chairman/ Chairperson(in block letters) Father's/Husband'sName
Permanentaddress Name of theward fromwhich elected (1) (2) (3) (4) (5)
Date : Signature of the Leader of the Political Party
Place :.. in the Municipal Council.
APPENDIX 2 FORM
FORM - II
[See Rule 3(5)]
To
The Commissioner
................................ Municipality,
..............................................
Sir,
At the meeting of Municipal Council held on .............................. (date) during voting on
................................................ (subject matter).
Sri ................................................................... * I ................................................. ....................... Member
Ward No. ....................................... Member Ward No. ....................................... Chairman/Chairperson
member of ................ Chairman/Chairperson member ................ (Name of the Political Party) and member
of..................................................................................................................................... (Name of the
Political Party) and Leaderof/sole member of ...........................................
............................................................................. (Name of the Political Party in the Municipal,Council) had
voted/abstained from voting. (Name of the Political Party in the Municipal,Council) voted/abstained from
voting.
* Here mention the name of the person/authority/party, as the case may be, who had issued the direction.
Contrary to the direction issued by .......................... person/authority/party without obtaining the prior
permission of the said person/authority/party.
2. On ................................... (date) the aforesaid matter was considered by ......................
(Person/Authority/party) and the said voting/abstention was condoned/was not condoned/by him/it.
Date : Yours faithrully
Place : (Signature)
APPENDIX 3 FORM
FORM - III
[See Rule 4(1)]
1. Name of the Member/Chairman/Chairperson :
(in block letters)
2. Father's/Husband's name :
3. Permanent address :
4. Date of Election :
5. Party affiliation as on :
(i) Date of Election :
(ii) Date of signing this form :
DECLARATION
I, ........................................... hereby .................................... declare that the information given above is true
and correct.
In the event of any change in the information furnished above, I undertake to intimate the Municipal
Commissioner immediately.
Date : Signature/Thumb Impression of the Place: Member/Chairman/Chairperson.
APPENDIX 4 FORM
FORM - IV
(See Rule 5)
Name of the Member/Chairman/Chairperson(in block letters) Father's Husband's name Permanentaddress
Name of theward fromwhich elected Date of election Name of politicalparty to which he belongs Name of
politicalparty of the Municipal Councilto which hebelongs Remarks (1) (2) (3) (4) (5) (6) (7) (8)
ANDHRA PRADESH MUNICIPALITIES (PENSION-CUM-GRATUITY FUND) RULES, 1969
In exercise of the powers conferred by Section 326 read with clause (d) of sub-section (1) of Section 76 of
the Andhra Pradesh Municipal Act, 1965 (Act 6 of 1965), the Governor of Andhra Pradesh, hereby makes
the following rules relating to the extension of pensionary benefits to the non-teaching municipal
employees of Andhra Area, the same having been previously published at pages 365-404 of rules
supplement Part 1 of the Andhra Pradesh Gazette, dated 12th December, 1968, as required under Clauses
(a) and (b) of sub-section (1) and Section 327 of the said Act.
Rule 1
The Secretary shall prepare the pension perform and forward the same to the Audit Officer for fixing
pension and Death-cum- Retirement Gratuity admissible. After the pension has been fixed by the Audit
Officer, the Secretary shall issue a pension payment order in regard to each pension in the Form given in
Annexure I in two halves of which one, known as Disburser's Half, which is kept in the Office of
Municipal Council and the other is delivered to the pensioner.
Provided that in the case of persons retired on or after 1st April, 1961 and are not alive, the Secretary shall
prepare the pension perform after the receipt of a claim from the legal heirs of the deceased required
employee;
Rule 2
The disburser's half of each pension payment order shall contain the impressions of the thumb and each
finger of the pensioner's left hand. These impressions shall be taken in the presence of the Secretary when
the pension application is prepared and he shall sign the following Certificate below them:- "Certified that
the above finger prints have been taken in my presence and under my personal superintendence from the
left hand of the person whose name is entered in the pension payment order".
Rule 3 In these rules unless the context otherwise requires
A pensioner shall produce the pension payment order before the Secretary whenever the claims payment of
his pension and no payment shall be made if he fails to produce it.
Rule 4
When a portion of a pension is commuted, the Secretary shall take back the pensioner's half of the pension
payment order on paying him the amount due in communication as well as the amount of the unreduced
pension due upto the date on which commutation became absolute and shall make suitable alterations in the
pension payment order or issue a fresh one authorising payment of the reduced pension in future.
Rule 5
As a rule, a pensioner shall take payment of his pension in person and the Secretary shall identify him with
reference to the details available in the pension payment order before making any payment. When claiming
his pension for the first time, a pensioner shall also be required to produce a copy of the order
communicating the sanction of his pension.
Rule 6
Whenever a pensioner appears to take payment of his pension, the Secretary shall check his personal marks
with those recorded in the disburser's half of the pension payment order and compare his signature on the
receipt with that pasted on the disburser's half of the pension payment order. If a pensioner cannot sign his
name, the Secretary shall compare his thumb impression on the receipt with the original thumb impression
previously taken on the disburser's half of the pension payment order.
Rule 7
Pension and gratuity shall actually be disbursed in cash at the Municipal Office.
Rule 8
Amounts required for payment of pensions shall be drawn as an imprest from the pension fund; The total
amount of pension paid out of such imprest should then be debited to the pension fund by contra-credit to
such fund at the end of the month:
Rule 9
The imprest drawn should be limited to a month's requirements and should be drawn in the first working
day of the month. The unspent balance of the imprest should, in no case, be kept in the Municipal office
beyond the last working day of the month:
Rule 10
The vouchers relating to pensions paid out of imprest should be stamped, `paid in cash'.
Rule 11
Any deviation from the above procedure should be specifically got authorised by the Audit Officer.
Rule 12
In order to facilitate the identification of a pensioner, a duly authenticated copy of a passport size
photograph of every pensioner shall be affixed to the disburser's half of the pension payment order and the
photograph so affixed should be renewed whenever the Secretary considers it necessary. A pensioner shall
be required to pay for the photographs required for this purpose. Photographs need not be affixed to
pension payment orders relating to women who do not appear in public and pensioners whom the
Government have specifically exmepted from this requirement.
Rule 14
Pension due to any pensioner belonging to one of the classes mentioned in instruction 13 may be disbursed
to a messenger who presents the pensioner's half of the pension payment order along with:-
(a) a proper bill in the form given in Annexure II signed and receipted by the pensioner and bearing and
endorsement also duly signed by him authorising payment to such messenger, and
(b) a life certificate in respect of pensioner signed by a Sarpanch of Gram Panchayat or the President of a
Panchayat Samithi or a Chairperson of Municipal Council or by a Government servant drawing a pay of
rupees one hundred per month or more or if three is no such person as mentioned above at the place where
the pensioner resides some other well-known trust-worthy person. The Secretary may accept for this
purpose a life certificate signed by a Sub-Post Master on pay of not less than Rs. 50 (Rupees fifty only) per
month, a village headman if he considers them to be trustworthy.
Rule 15
(1) A pensioner of any description need not appear at the Municipal Office in person to claim payment of
his pension if he produces a life certificate signed by some person exercising the powers of a Magistrate
under the Criminal Procedure Code 1898 (Act V of 1898) or by any, Registrar, or Sub-Registrar appointed
under the Indian Registration Act, 1908 (Act XVI of 1908) or by any Pensioned Officer who before
retirement exercised the powers of a magistrate or by any Gazetted Officer or by a Munsiff or by a Police
Officer not below the rank of Sub-Inspector incharge of police station or the President of a Panchayat
Samithi or a Sarpanch of Gram Panchayat or Chairperson of a Municipal Council.
(2) The pension due to any pensioner may be disbursed to a messenger who presents the pensioner's half of
the pension payment order along with (1) a proper bill signed and receipted by the pensioner and bearing an
endorsement also duly signed and receipted by the pensioner and bearing an endorsement also duly signed
by him authorising payment to such messenger and (2) a life certificate in respect of the pensioner signed
by a person having one of the qualifications mentioned in Clause (1) above.
Rule 16
A Secretary shall not pay a pension for any month to a messenger under instructions 13,14 or 15 if the date
of the life certificate is earlier than the last day of that month. He shall also invariably take the signature of
the messenges in whose favour the pensioner has endorsed the bill in token of the receipt of the amount
specified in it. When the messenger is illiterate his thumb impression shall be taken duly attested by a
witness. The Secretary is personally responsible for any payment wrongly made. Whenever he feels a
doubt as to the proper course of action, he should consult the Audit Officer.
Rule 17
A leper pensioner shall ordinarily appear before the Secretary to claim his pension without preparing a bill.
The Secretary shall then direct one of the Municipal employees to fill up a pension bill form on behalf of
the pensioner. Payment shall be made at once to the pensioner on this bill, and the Secretary shall mark the
bill by means of stamp as having been paid in his presence and record the fact of payment in both halves of
the pension payment order under his initials. Both halves of the pension payment order shall be retained in
the office of the payment in these cases.
Rule 18
When a leper pensioner is unable to appear before the Secretary due to bodily infirmity, he shall send a life
certificate under subsidiary instruction
(b) of instruction 14 but not a bill. The Secretary shall have the bill prepared and either remit the pension
irrespective of any monetary limit, by postal money order at his cost or, if the pensioner has requested him
to do so, arrange for it to be paid through the Executive authority of the Gram Panchayat in which the
pensioner-lives before two responsible witnesses. The procedure to be followed when a pension is paid to a
leper pensioner through the Executive Authority of a Gram Panchayat is prescribed in Annexure III.
Rule 19
(1) The Secretary shall take adequate precautions to prevent the payment of any fraudulent claims on
account of the pension of a pensioner who does not appear in person to take payment. When a pensioner
draws his pension in accordance with the provisions of instructions, 13,14,15 and 16 the Secretary shall
require proof of his continued existence independent of that furnished by the life certificates, which have to
be furnished at least once a year. For this purpose he shall require each such pensioner to attend personally
at the office of the payment for due identification at least once a year, unless he is exempted from personal
appearance under instruction 13, in which case the necessary independent proof of the pensioner's existence
shall be obtained by some other suitable methods. When pensioner alleges that he is unable to appear
personally at the office of the payment on account of bodily illness or infirmity, the Secretary shall require
adequate proof of such inability to be furnished at least once a year in addition to the independent proof of
the pensioner's existence.
(2) The Secretary shall take special care in regard to the payment of the pension of any woman not
accustomed to appear in public since such payments involve special risk of fraud. No payment shall be
made except on a life certificate as prescribed in instruction 15 which shall be attested on each occasion, as
an additional precaution, by two or more respectable persons of the pensioner's town or village. The
Secretary shall also arrange to have every such pensioner examined at least once a year by two non-purdah
female pensioners who shall check her personal marks with those recorded on the disburser's half of the
pension payment order, and shall compare her signature, or if she is illiterate her thumb impression on the
receipt with that already taken on the disburser's half of the pension payment order, the examinations shall
be conducted as far as possible without any extra expenditure. But extra expenditure may be incurred in
special cases when it is unavoidable.
(3) Whenever any person is allowed to draw pension without appearing in person at the office, of payment,
the fact shall be noted on the pension payment order and the Secretary shall initial he note. He shall then
see that a further note is made on it every year as to the manner in which independent proof is obtained
within that year of the pensioner's continuation existence (e.g.) pensioner visited the Officer of the
Municipal Council etc. and initial it after verifying that the proof has actually been obtained in that form
and is sufficient.
Rule 20
(1) The pensioner's receipt for each payment shall be taken on a separate bill. The declaration referred to in
instruction 22 (1) shall also be obtained whenever a claim is made. The certificate required in Instruction
22 (2) shall be attached to a schedule of payments of pensions of each kind, or, if pension payment are few
in number, to the list of payments.
(2) Every payment of a pension shall be entered on the reverse of both halves of the pension payment order
and attested by the initials of the Secretary.
APPENDIX 1 APPENDIX 1
Form 1 FORM 1
FORM
FORM 1
[See Rule 14]
Cash Book of the Municipalities Pension-cum-Gratuity for the year 19
Pensioncontibution Receipts Payments Total net balanceevery month inthe Post-OfficeSavings Bank
Interestincluding forfeiture Investments Monthand date Particularsoftransactions PensionGratuity
Establishmentand othercharges Investments In thetreasury (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Rs. P. Rs.
P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
Form 2 FORM 2
FORM
FORM No.2
(See Rule 14)
Demand Register or Pensionary Contribution Amount of Pensionary contribution received in
Sl.No. in theregister ofnominations Name of theemployee withofficialdesignation Name of
theInstitutionfrom which pensioncontributionis due Scale ofpay OpeningBalance Arrearsdue Rate of
monthlycontribution Due for the year Total amountdue (6 +8) April May June July August September
October November December January February March Total of columns10 to 21 Balancedue (9-22)
Closing Balance(5+2) Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)
(19) (20) (21) (22) (23) (24) (25) Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
Form 3 FORM 3
FORM
FORM 3
(See Rule 14)
Register of nomination of the Municipalities Pension-cum-Gratuity Fund
Sl.No. Name in full Father's name Address Date of birthby Christrian eraor saka era Date ofAdmission
Name of theappointment Scale of pay of the post Name and addressof nominee Relationship withMunicipal
employee Age Amount of shareof gratuitypayable toeach Contingencies on thehappening of whichthe
nomination shallbecome invalid Name, address and relationshipof the person if any to whom the right
conferred onnominee shall pass inthe event of the nomineepredeceasing the employeeor the nominee
dyingafter the death of theemployee but beforereceiving payment ofthe gratuity Amount of shareof gratuity
payableto each Initial of theSecretary (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16)
Form 4 FORM 4
FORM
FORM 4
(See Rule 14)
Register of investments from the Municipalities Pension-cum-Gratuity Fund for the year 19
Sl.No. For whatpurposeinvested No. and dateof Govt. order,if any Particulars ofinvestment
Authorityforcustody Date ofinterest Rate ofinterest Balance due atthe beginingof the year Total amount due
Amountreceived Date ofcredit Amount Date ofcredit Total amountreceived Balance due at close of year
With drawals Grounds ofwithdrawal Balance ofinvestment Initial ofSecretary CouncilResolution No. No.
and Dateof voucher No. and Dateof each Bankpronote etc. Amount of eachpronote etc. Total of
eachinvestment Wheredeposited In whosecustody No. and dateof pronote Amount of eachpronote Date of
withdrawal (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22)
(23) (24) (25) (26) (27) Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
Form 5 FORM 5
FORM
FORM No.5
(See Rule 14)
Pension Payment Audit Register of Municipality for the year 19
Number of PensionPayment order Name of thePensioner Sanctionmonthly Pension April May June July
August September October November December January February March Remarks Monthlyamount Date
fromwhich due vouchernumber Amount Vouchernumber Amount Vouchernumber Amount
Vouchernumber Amount Vouchernumber Amount Vouchernumber Amount Vouchernumber Amount
Vouchernumber Amount Vouchernumber Amount Vouchernumber Amount Vouchernumber Amount
Vouchernumber Amount (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19)
(20) (21) (22) (23) (24) (25) (26) (27) (28) (29) Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
APPENDIX 2 Instructions regulating Payment of Pension
Rule 1
The Secretary shall prepare the pension perform and forward the same to the Audit Officer for fixing
pension and Death-cum- Retirement Gratuity admissible. After the pension has been fixed by the Audit
Officer, the Secretary shall issue a pension payment order in regard to each pension in the Form given in
Annexure I in two halves of which one, known as Disburser's Half, which is kept in the Office of
Municipal Council and the other is delivered to the pensioner.
Provided that in the case of persons retired on or after 1st April, 1961 and are not alive, the Secretary shall
prepare the pension perform after the receipt of a claim from the legal heirs of the deceased required
employee;
Rule 2
The disburser's half of each pension payment order shall contain the impressions of the thumb and each
finger of the pensioner's left hand. These impressions shall be taken in the presence of the Secretary when
the pension application is prepared and he shall sign the following Certificate below them:- "Certified that
the above finger prints have been taken in my presence and under my personal superintendence from the
left hand of the person whose name is entered in the pension payment order".
Rule 3
A pensioner shall produce the pension payment order before the Secretary whenever the claims payment of
his pension and no payment shall be made if he fails to produce it.
Rule 4
When a portion of a pension is commuted, the Secretary shall take back the pensioner's half of the pension
payment order on paying him the amount due in communication as well as the amount of the unreduced
pension due upto the date on which commutation became absolute and shall make suitable alterations in the
pension payment order or issue a fresh one authorising payment of the reduced pension in future.
Rule 5
As a rule, a pensioner shall take payment of his pension in person and the Secretary shall identify him with
reference to the details available in the pension payment order before making any payment. When claiming
his pension for the first time, a pensioner shall also be required to produce a copy of the order
communicating the sanction of his pension.
Rule 6
Whenever a pensioner appears to take payment of his pension, the Secretary shall check his personal marks
with those recorded in the disburser's half of the pension payment order and compare his signature on the
receipt with that pasted on the disburser's half of the pension payment order. If a pensioner cannot sign his
name, the Secretary shall compare his thumb impression on the receipt with the original thumb impression
previously taken on the disburser's half of the pension payment order.
Rule 7
Pension and gratuity shall actually be disbursed in cash at the Municipal Office.
Rule 8
Amounts required for payment of pensions shall be drawn as an imprest from the pension fund; The total
amount of pension paid out of such imprest should then be debited to the pension fund by contra-credit to
such fund at the end of the month:
Rule 9
The imprest drawn should be limited to a month's requirements and should be drawn in the first working
day of the month. The unspent balance of the imprest should, in no case, be kept in the Municipal office
beyond the last working day of the month:
Rule 10
The vouchers relating to pensions paid out of imprest should be stamped, `paid in cash'.
Rule 11
Any deviation from the above procedure should be specifically got authorised by the Audit Officer.
Rule 12
In order to facilitate the identification of a pensioner, a duly authenticated copy of a passport size
photograph of every pensioner shall be affixed to the disburser's half of the pension payment order and the
photograph so affixed should be renewed whenever the Secretary considers it necessary. A pensioner shall
be required to pay for the photographs required for this purpose. Photographs need not be affixed to
pension payment orders relating to women who do not appear in public and pensioners whom the
Government have specifically exmepted from this requirement.
Rule 13
Pensioners specifically exempted from personal appearance, by the Secretary with the approval of
Government, women who are not accustomed to appear in public and pensioners who produce satisfactory
evidence that they are unable to appear because of bodily illness or infirmity need not appear at the
Municipal Office for the payment of pensions.
Rule 14
Pension due to any pensioner belonging to one of the classes mentioned in instruction 13 may be disbursed
to a messenger who presents the pensioner's half of the pension payment order along with:-
(a) a proper bill in the form given in Annexure II signed and receipted by the pensioner and bearing and
endorsement also duly signed by him authorising payment to such messenger, and
(b) a life certificate in respect of pensioner signed by a Sarpanch of Gram Panchayat or the President of a
Panchayat Samithi or a Chairperson of Municipal Council or by a Government servant drawing a pay of
rupees one hundred per month or more or if three is no such person as mentioned above at the place where
the pensioner resides some other well-known trust-worthy person. The Secretary may accept for this
purpose a life certificate signed by a Sub-Post Master on pay of not less than Rs. 50 (Rupees fifty only) per
month, a village headman if he considers them to be trustworthy.
Rule 15
(1) A pensioner of any description need not appear at the Municipal Office in person to claim payment of
his pension if he produces a life certificate signed by some person exercising the powers of a Magistrate
under the Criminal Procedure Code 1898 (Act V of 1898) or by any, Registrar, or Sub-Registrar appointed
under the Indian Registration Act, 1908 (Act XVI of 1908) or by any Pensioned Officer who before
retirement exercised the powers of a magistrate or by any Gazetted Officer or by a Munsiff or by a Police
Officer not below the rank of Sub-Inspector incharge of police station or the President of a Panchayat
Samithi or a Sarpanch of Gram Panchayat or Chairperson of a Municipal Council.
(2) The pension due to any pensioner may be disbursed to a messenger who presents the pensioner's half of
the pension payment order along with (1) a proper bill signed and receipted by the pensioner and bearing an
endorsement also duly signed and receipted by the pensioner and bearing an endorsement also duly signed
by him authorising payment to such messenger and (2) a life certificate in respect of the pensioner signed
by a person having one of the qualifications mentioned in Clause (1) above.
Rule 16
A Secretary shall not pay a pension for any month to a messenger under instructions 13,14 or 15 if the date
of the life certificate is earlier than the last day of that month. He shall also invariably take the signature of
the messenges in whose favour the pensioner has endorsed the bill in token of the receipt of the amount
specified in it. When the messenger is illiterate his thumb impression shall be taken duly attested by a
witness. The Secretary is personally responsible for any payment wrongly made. Whenever he feels a
doubt as to the proper course of action, he should consult the Audit Officer.
Rule 17
A leper pensioner shall ordinarily appear before the Secretary to claim his pension without preparing a bill.
The Secretary shall then direct one of the Municipal employees to fill up a pension bill form on behalf of
the pensioner. Payment shall be made at once to the pensioner on this bill, and the Secretary shall mark the
bill by means of stamp as having been paid in his presence and record the fact of payment in both halves of
the pension payment order under his initials. Both halves of the pension payment order shall be retained in
the office of the payment in these cases.
Rule 18
When a leper pensioner is unable to appear before the Secretary due to bodily infirmity, he shall send a life
certificate under subsidiary instruction
(b) of instruction 14 but not a bill. The Secretary shall have the bill prepared and either remit the pension
irrespective of any monetary limit, by postal money order at his cost or, if the pensioner has requested him
to do so, arrange for it to be paid through the Executive authority of the Gram Panchayat in which the
pensioner-lives before two responsible witnesses. The procedure to be followed when a pension is paid to a
leper pensioner through the Executive Authority of a Gram Panchayat is prescribed in Annexure III.
Rule 19
(1) The Secretary shall take adequate precautions to prevent the payment of any fraudulent claims on
account of the pension of a pensioner who does not appear in person to take payment. When a pensioner
draws his pension in accordance with the provisions of instructions, 13,14,15 and 16 the Secretary shall
require proof of his continued existence independent of that furnished by the life certificates, which have to
be furnished at least once a year. For this purpose he shall require each such pensioner to attend personally
at the office of the payment for due identification at least once a year, unless he is exempted from personal
appearance under instruction 13, in which case the necessary independent proof of the pensioner's existence
shall be obtained by some other suitable methods. When pensioner alleges that he is unable to appear
personally at the office of the payment on account of bodily illness or infirmity, the Secretary shall require
adequate proof of such inability to be furnished at least once a year in addition to the independent proof of
the pensioner's existence.
(2) The Secretary shall take special care in regard to the payment of the pension of any woman not
accustomed to appear in public since such payments involve special risk of fraud. No payment shall be
made except on a life certificate as prescribed in instruction 15 which shall be attested on each occasion, as
an additional precaution, by two or more respectable persons of the pensioner's town or village. The
Secretary shall also arrange to have every such pensioner examined at least once a year by two non-purdah
female pensioners who shall check her personal marks with those recorded on the disburser's half of the
pension payment order, and shall compare her signature, or if she is illiterate her thumb impression on the
receipt with that already taken on the disburser's half of the pension payment order, the examinations shall
be conducted as far as possible without any extra expenditure. But extra expenditure may be incurred in
special cases when it is unavoidable.
(3) Whenever any person is allowed to draw pension without appearing in person at the office, of payment,
the fact shall be noted on the pension payment order and the Secretary shall initial he note. He shall then
see that a further note is made on it every year as to the manner in which independent proof is obtained
within that year of the pensioner's continuation existence (e.g.) pensioner visited the Officer of the
Municipal Council etc. and initial it after verifying that the proof has actually been obtained in that form
and is sufficient.
Rule 20
(1) The pensioner's receipt for each payment shall be taken on a separate bill. The declaration referred to in
instruction 22 (1) shall also be obtained whenever a claim is made. The certificate required in Instruction
22 (2) shall be attached to a schedule of payments of pensions of each kind, or, if pension payment are few
in number, to the list of payments.
(2) Every payment of a pension shall be entered on the reverse of both halves of the pension payment order
and attested by the initials of the Secretary.
Rule 21
The Secretary shall not make any payment of pension to any pensioner other than the one who retired as a
last grade employee until he has signed on each occasion when he claims payment a certificate of non-
employment. If a pensioner who is required to sign the certificate has been re-employed either permanently
or temporarily under a Government or a local body in India during the period for which he claims pension
he shall furnish the necessary particulars in the certificate and the Secretary shall ascertain and report to the
Audit Officer whether the rules regarding such re-employment have been duly observed. If a pensioner
who is required to sign the certificate is illiterate, the Secretary shall see that the meaning of the certificate
is explained to him verbally on each occasion on which he claims payment of his pension.
Explanation:- This instruction shall not apply to payment of pension by postal money order.
Rule 22
(1) When a pension is granted on condition that it shall be paid only so long as a specified event other than
the pensioner's death has not taken place, no payment shall be made unless the pensioner furnishes a
certificate on each occasion that such event has not taken place.
(2) As an exception to subsidiary instruction (1), a woman whose pension is payable only so long as she
does not marry or remarry shall not be required to certify that she has not been married on each occasion
when payment is made, but shall be required to attach a declaration in the following form at the end of each
half-year to the bill for her pension for the month of December or June, as the case may be: "I hereby
declare that I am not married and have not been married during this six months ending 30th June
19.............. 31st December, 19...........................................................................................Daughter of the
late........................................................Widow of the late....................................... We certi fy to the best of
our knowledge and belief that the above declaration is correct. (to be signed by two responsible
Government Servants or well-known trustworthy persons).
Rule 23
The pension of an insane person may be paid to a guardian appointed under the Indian Lunacy Act, 1912
(Central Act IV of 1912) or to any person authorised by the authority which sanctioned the pension to
receive it. Such guardian or person shall be required to furnish with each claim life certificate as prescribed
in instruction 14 stating that the pensioner was alive on the last day of the period for which the pension is
claimed.
Payment of Pension by Postal Money Order
Rule 24
If pensioner whose pension does not exceed Rs. 100 (Rupees one hundred only) a month presents his copy
of his pension payment order in person to the Secretary together with a declaration that he wishes his
pension to be paid by postal money order at his cost in future, the pension shall thereafter be paid in that
manner at the cost of the pensioner so long as the declaration is inforce the pension remains payable. The
Secretary shall observe the following instructions in regard to the payment of pensions by money orders
namely:-
(a) When a pensioner makes an application in person in the manner mentioned above, the Secretary shall
identify him in the manner prescribed in instruction thereunder and instruct him to communicate promptly
any change in his address. The necessary entries regarding the pensioner's declaration shall then be made in
a `Register of pensions payable by money order' specially opened for the purpose in the form given in
Annexure IV and the declaration and both halves of the pension payment order shall be filed with the
register.
(b) Not later than the 10th of each month the clerk to whom the Secretary allots the duty shall makes out a
money order from for each pensioner noted in the register mentioned above for the amount of pension
payable less the money order commission, and make corresponding payment entry on the back of the both
halves of the pension payment order. The Secretary shall sign each money order form and initial the
corresponding entries on the back of both halves of the pension payment order comparing the three
documents carefully and satisfying himself that the entries are correct.
(c) The Secretary shall arrange the necessary payment to the Post Office on account of these money orders
not in cash but by transfer to the credit of the Post Office in the Treasury Accounts. He shall send the
money order form to the Post Office with a covering list and a certificate that he has credited the amounts
of the money orders and the commission payable on them to the `Post Office' by transfer in the treasury
accounts. A separate receipt shall be obtained from the Post Office for each money order and filed in
Municipal Office.
(d) Separate pension bills need not be prepared for each pensioner. The payment shall be shown in a
speatare schedule in the form shown in Annexure V. The total amount of the payments shown in the
Schedule shall be written both in figures and in words. The Secretary shall satisfy himself that all the
amounts shown as paid in the Schedule have actually been remitted by money order and certify accordingly
on it. The Secretary shall write his pay order on the Schedule and it shall then be stamped `paid by transfer.'
(e) The Secretary shall see that the payee's money order receipts are duly received for all the remittances
shown in the register. He shall compare the signature or thumb impression on each such receipt every
month with the pensioner's signature of thumb impression on the payment order and satisfy himself that it
is genuine. In the next month's Schedule of pension payments, the Secretary shall certify as follows: "I
certify that I have satisfied myself that all pension payments shown in the Schedule for the previous month
have been paid to the proper persons and that I have obtained the payee's money order receipts in support
of all these payments and filed them in my office".
(f) The Secretary shall satisfy himself once in every six months in such manner as the thinks desirable that
the pensioner is actually alive. In token of having done so, he shall endorse on the Schedule of payments
for the months of April and October each year a certificate to the effect that he has satisfied himself that the
pensioners were actually alive on the dates which the pensions were remitted to them.
(g) The Secretary shall obtain from each woman whose pension would be terminated on her marriage or
remarriage and whose pension is remitted by money order, a half-yearly declaration in the form prescribed
in instruction 22(2) for the half-year ending on the 30th June or the 31st December. He shall also obtain
from every pensioner whose pension is remitted by money order, other than the one who retired as a last
grade employee, half yearly declaration for the half-year ending on the 30th June or the 31st December that
he has not received any remuneration for serving under the Government or local body in any capacity
during the half-year. He shall certify as follows on the Schedules for January and July:- "I certify (1) that I
have obtained from each pensioner other than the one who retired as a last grade servant a declaration that
he has not received any remuneration for serving under the Government or a local body in any capacity
during the past six months, and (2) that I have obtained from each woman whose pension would terminate
on her marriage or remarriage a declaration in the form prescribed in instruction 22(2) that she is not
married and has not been married during the past six months".
(h) Where owing to old age or infirmity or in consequence of some physical disability, it is not possible for
a pensioner to present in person to the office of payment a declaration electing to have his pension paid by
money order, the Secretary may accept instead a written declaration signed by the pensioner which is duly
verified by a Gazetted Officer, a Magistrate or President of a Panchayat Samithi or Sarpanch of a Gram
Panchayat or a Chairperson of a Municipal Council. The Officer or authority certifying the declaration shall
specify the circumstances in which he holds that it is not possible for the pensioner to present the
declaration in person to the Secretary.
(i) Should the pensioner be physically incapable of signing the declaration, the Secretary may authorise
payment to the pensioner on production of a certificate from an Assistant Civil Surgeon of the District or a
Registered Medical Practitioner to the effect that the pensioner is alive but is unable to sign the required
declaration. In such a case, the pension may be paid to the heir, not being a minor, who would receive
payment of the arrears of pension in the event of the pensioner's death,provided that it is certified by the
District Collector that the person claiming a to be the heir is in fact, the heir and continues to be the heir
throughout the period for which he draws the pension.
Periodical appearance of pensioners for Identification
Rule 25
(1) On the first appearance of a pensioner and once in the course of every year thereafter, the Secretary
shall take an impression of the thumb and all the fingers of the pensioners left hand on the pension b\ill.
(2) He shall then identify the pensioner with reference to the particulars given in the disburser's half of the
pension payment order. If he cannot identify the pensioner by other means with absolute certainty, he shall
identify him by a comparison of the thumb and finger impressions taken on the bill with those pasted on the
pension payment order.
Exception:- This instruction does not apply to the pensioner who is a holder of a Government title not to
one whose pension exceeds Rs. 50 (Rupees Fifty), a month nor to one whom the Government have
specially exempted from this requirement, not to literate pensioners who can sign their pension bills,
provided that in cases of doubt where the pensioner cannot be identified by other means, it shall still be
open to the Secretary to take thumb and finger impressions on the pension bill.
(3) A woman who is exempt from personal appearance under instruction 13 because she is not accustomed
to appear in public should affix an impression of his left thumb on each bill in the presence of the person
who signs the life certificate and the latter should attest it. An literate pensioner should similarly affix an
impression of his left thumb on each bill in the presence of the person who signs the life certificate, or
when he attends at the paying office in person to receive payment, before the Secretary and the person who
assigns the life certificate or the Secretary, as the case may be should attest it. In the case of an illiterate
pensioner or a woman who is not accustomed to appear in public, acquittance by a seal mark attested by
some known and respectable person may be accepted in lieu of thumb impression.
(4) When a pension payment order is renewed, the original thumb and finger impression shall be cut off
from the old order and attached to the new order.
Rule 26
(1) In order to ensure that each pensioner attends personally at the paying office at least once a year unless
the falls within the terms of the exception to instruction 25(2) above or is paid by money order, the
Secretary shall right the letters "L.C, " with his initial in the case in which the monthly payment is noted on
the reverse of the disburser's half of the pension payment order whenever the payment it made on a life
certificate and shall send through the messenger who receives payment of the pension in the month
previous to that in which the pensioner is due to appear in person a call in form prescribed in Annexure VI
for the personal appearance of the pensioner for the annual muster in the following month , or require
proof, independent of that furnished by the life certificates of the continued existence of the pensioner,
when the period of continuous non-appearance approaches a year, in the case of re-employment of
pensioners when personal appearance is inconvenient, it will be sufficient if certificate from the Head of
the office or department in which they are re-employed to the effect that the pensioner is re- employed and
continues to be re-employed in his office or department is produced before the Secretary.
(2) When a pensioner draws his pension through an agent who has executed a bond to hand over payments,
the pension shall not be paid on account of a period of more than a year after the date of his life certificate
last received. The Audit Officer and the Secretary shall watch carefully for authentic information of the
death of any such pensioner and see that no further payment is made after such information is received.
Renewal of Pension payment orders
Rule 27
(1) The Secretary is authorised to renew a payment order without reference to the Audit Officer when the
entries on the reverse of either the pensioners or the disbursers half are completely filed up or the pensioner
half is lost, worn or torn. When the renewal is due to the loss of the original pension payment order, a fee
or one rupee shall be collected from the pensioner for the duplicate. Every renewed pension payment order
shall bear the old number and date, and the specimen signature or finger prints of the pensioner and the
copy of the photograph where it is kept shall be cut out from the disburser's half of the new pension
payment order. The Secretary shall retain the old pension payment orders for three years and then destory
them. A note of the issue of every new pension payment order shall also be made in the remarks column of
the register or pension payment orders.
(2) When the Secretary, has issued a new pension payment order in place of a lost one, he shall strictly
observe instruction 20 (2) and see that no payment is made on the pension payment order alleged to have
been lost.
Rule 28
If a pension remains undrawn for more than one year, the pension shall cease to be paid if, however, the
pensioner afterwards appears, the Secretary may renew payment. The Secretary shall not, however, pay the
arrears, if the pension in arrears is to be paid for the first time or if the amount of arrears exceeds Rs. 1000
(Rupees one thousand only) without obtaining the previous sanction of the Audit Officer. A pension not
drawn for three years shall cease to be payable unless it is revived by an order of the Government.
Rule 29
The arrears of pension due on account of a deceased pensioner shall cease to be payable if they are not
claimed within one year of the pensioner's death.
Rule 30
The Secretary shall examine the files of pension payment order carefully every month and remove all the
pension payment orders relating to case of the kinds mentioned in instruction 29. He shall return the
disbursers halves of the pension payment orders concerned to the Audit Officer with a half yearly statement
or such cases. The reasons for the non-drawal, if known, shall be stated against each time.
Rule 31
When a pensioner has failed to appear to receive his pension for three months, the Secretary should make
inquires through the District Police as to the cause of his non-appearance.
Deceased Pensioners
Rule 32
A pension shall be payable for the day of a pensioner's death, irrespective of the hour at which death takes
place.
Rule 33
(1) After the death of a pensioner, the Secretary may pay any arrears actually due to the pensioner's heir or
heirs, provided they apply within one year of the date of death. If the application is made later, the arrears
shall not be paid without obtaining the orders of the Audit Officer.
(2) After paying the arrears of pension due on account of a deceased pensioner, the Secretary shall return
both halves of the pension payment order to the Audit Officer with a not of the date of the pensioner's
death.
Rule 34
(1) A Person who claims payment of arrears of pension, as heir of a deceased pensioner shall be required to
produce the pensioners half of the pension payment order, if no pension payment order has been issued, the
copy of the order in which sanction to the pension was communicated to the pensioner or his heir. He shall
also be required to produce a death certificate regarding the death of the pensioner, and sufficient evidence
to establish his relationship to the deceased.
(2) When the amount of arrears due to deceased pensioner does not exceed 1[Rs. 1000 (Rupees one
thousand)] payment may be made to the heirs of the deceased after following the procedure laid down
under instruction 33 after such enquiry as he considers sufficient regarding the claimant's right and title. In
the case, the Secretary need not insist on the production of letters of administration or similar legal
authority. The records of enquiry by the Secretary should contain the signed statement of at least two trust
worthy or disinterested persons.
(3) When the amount of arrears due to a deceased pensioner exceeds 1[Rs. 1000 (Rupees one thousand)]
payment to the extent of 1[Rs. 1000 (Rupees one thousand)] may be made by the Secretary as set forth in
Subsidiary Instruction (2) above. The excess over 1[Rs. 1000 (Rupees one thousand)] should be paid only
under the orders of Government on the execution of an indemnity bond in Form 6 contained in the Andhra
Pradesh Financial Code with sureties of proved financial stability to meet the obligations undertaken,
provided that the Municipal Council is satisfied as to the claimant's rights and title and consider that undue
delay and hardship would be caused by insisting on the production of letters of administration.
(4) Whenever three is any doubt as to the claimant's right and title payment shall be made only to the
person producing legal authority.
Rule 35
(1) The Secretary shall report promptly to the Audit Officer the death of any pensioner whose pension he
has paying.
(2) The Secretary shall send to the Audit Officer annually on the 5th January a list of all retired employees
who were drawing their pensioners from the municipality and whose death have come to his notice during
the preceding year. The list shall give the following information;
1. Name
2. Service of Appointment.
3. Date of death.
Rule 36 General Instruction
The disburser's halves of the pension payment orders should be filed in serial orders at separate filed, one
for each class of pensions. The Secretary should keep the files in his personal custody.
Registrar of Pension Payment Orders.
Rule 37
(1) The Secretary should keep a register in the form prescribed in Annexure VII of the pension payment
orders issued. This register will serve as an index to the files of pension payment order referred to in
instruction 36 above. Whenever a new order is issue the Secretary should see that it is correctly entered in
this register with a red ink line rules across the page below the entry, and should them write his initials
against the entry, in the column headed `Name of Pensioner'. The column headed `remarks' should be left
blank so long as the pension payment order is in force. When both halves of the order are returned to the
Audit Officer on account of the pensioner's death the order should be removed permanently from the
register and the file, the Secretary should have the date and reason for sending away both halves of the
order entered at once in the column headed `remarks' and initials the entry.
(2) On receipt of an intimation about the death of a pensioner, prompt action should be taken to record the
fact in the register referred to in subsidiary instruction (1) above and on the disburser's half of the pension
payment order.
(3) In the case of pensioners whose pensions are paid by money order under instruction 24 necessary note
should be made on both halves of the pension payment order.
Rule 38
The Audit Officer should by the 15th November each year make out lists of Pensioners paid from each
Municipal Council whose age according to the record maintained in his office, is over seventy years he
should send a list to the Secretary concerned in order that the continued existence of each such pensioner
may be tested by special enquiry. The Secretary shall see that this special enquiry is carefully made and he
should report the result to the Audit Officer without undue delay. When the continued existence of a purdah
lady has to be verified, the verifying authority should see that she is actually recognised by some
respectable person living in her town or village with whom the verifying authority is personally acquainted.
Rule 39 Gratuities
(1) The Secretary shall not pay any gratuity except on an authority received from the Audit Officer. The
Secretary shall require to payee to produce the copy of the order by which the sanction to the gratuity was
communicated to him, and shall record the fact of payment on the copy of the order so produced.
(2) A gratuity is payable only to and upon the receipt of the person legally entitled to receive it.
(3) If a gratuity remains undrawn for more than three months, the sanction of the Audit Officer should be
obtained for payment.
ANNEXURE 1 ANNEXURE 1
Form 1 FORM 1
FORM
FORM 1
[See Rule 14]
Cash Book of the Municipalities Pension-cum-Gratuity for the year 19
Pensioncontibution Receipts Payments Total net balanceevery month inthe Post-OfficeSavings Bank
Interestincluding forfeiture Investments Monthand date Particularsoftransactions PensionGratuity
Establishmentand othercharges Investments In thetreasury (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Rs. P. Rs.
P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
Form 2 FORM 2
FORM
FORM No.2
(See Rule 14)
Demand Register or Pensionary Contribution Amount of Pensionary contribution received in
Sl.No. in theregister ofnominations Name of theemployee withofficialdesignation Name of
theInstitutionfrom which pensioncontributionis due Scale ofpay OpeningBalance Arrearsdue Rate of
monthlycontribution Due for the year Total amountdue (6 +8) April May June July August September
October November December January February March Total of columns10 to 21 Balancedue (9-22)
Closing Balance(5+2) Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)
(19) (20) (21) (22) (23) (24) (25) Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
Form 3 FORM 3
FORM
FORM 3
(See Rule 14)
Register of nomination of the Municipalities Pension-cum-Gratuity Fund
Sl.No. Name in full Father's name Address Date of birthby Christrian eraor saka era Date ofAdmission
Name of theappointment Scale of pay of the post Name and addressof nominee Relationship withMunicipal
employee Age Amount of shareof gratuitypayable toeach Contingencies on thehappening of whichthe
nomination shallbecome invalid Name, address and relationshipof the person if any to whom the right
conferred onnominee shall pass inthe event of the nomineepredeceasing the employeeor the nominee
dyingafter the death of theemployee but beforereceiving payment ofthe gratuity Amount of shareof gratuity
payableto each Initial of theSecretary (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16)
Form 4 FORM 4
FORM
FORM 4
(See Rule 14)
Register of investments from the Municipalities Pension-cum-Gratuity Fund for the year 19
Sl.No. For whatpurposeinvested No. and dateof Govt. order,if any Particulars ofinvestment
Authorityforcustody Date ofinterest Rate ofinterest Balance due atthe beginingof the year Total amount due
Amountreceived Date ofcredit Amount Date ofcredit Total amountreceived Balance due at close of year
With drawals Grounds ofwithdrawal Balance ofinvestment Initial ofSecretary CouncilResolution No. No.
and Dateof voucher No. and Dateof each Bankpronote etc. Amount of eachpronote etc. Total of
eachinvestment Wheredeposited In whosecustody No. and dateof pronote Amount of eachpronote Date of
withdrawal (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22)
(23) (24) (25) (26) (27) Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
Form 5 FORM 5
FORM
FORM No.5
(See Rule 14)
Pension Payment Audit Register of Municipality for the year 19
Number of PensionPayment order Name of thePensioner Sanctionmonthly Pension April May June July
August September October November December January February March Remarks Monthlyamount Date
fromwhich due vouchernumber Amount Vouchernumber Amount Vouchernumber Amount
Vouchernumber Amount Vouchernumber Amount Vouchernumber Amount Vouchernumber Amount
Vouchernumber Amount Vouchernumber Amount Vouchernumber Amount Vouchernumber Amount
Vouchernumber Amount (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19)
(20) (21) (22) (23) (24) (25) (26) (27) (28) (29) Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
ANNEXURE 2 ANNEXURE 2
ANNEXURE
ANNEXURE -2
Pensioner's Bill
[See Instruction 14(a)]
Name of the pensioner.. (in Block Capitals..
Received the amount of my pension for the month of .. 19.. Income Tax at .. Less Net rupees .. P..The .. 19
. Thumb ..Signature ..Attensor's Signature..impression..
Certificate of Non-Employment
I declare that I have not received any remuneration for saving in any capacity either in a Government
establishment or in an establishment paid from a local fund furing the period for which the amount of
pension claimed in this bill is due.
Note:- The return ";local fund" means in this certificate any of the Municipal and Gram Panchayat Fund,
Education Fund, Port and Marine fund, etc. mentioned in instruction 2 in Chapter IV in Part III of Andhra
Pradesh Treasury code Vol. I and also any "Local Fund" under the control of the Government of India.
Please pay the amount of this bill to..Signature of the Pensioner.
Life Certificate
Certified that the pensioner named in this bill is alive this day, the day ..of 19 .and has signed in my
presence this bill and the above request for payment to a manager.
Station:
Dated..19..
Signature
Designation
Pay Rs.Secretary
Contents receivedSignature of the Messenger
DIRECTIONS
I. If a pensioner who is required to sign the certificate of non-employment is re-employed either
permanently or temporarily in a Government establishment or in an establishment paid from a Local Fund
during the period for which the pension is claimed, he should furnish the necessary particulars in the
certificate and the Secretary should ascertain and report whether the rules regarding such re-employment
have duly observed.
2. (1) As a rule, a pensioner must take payment in person, unless she produces a life certificate signed by a
Sarpanch of a Gram Panchayat or the President of a Panchayat Samithi or a Chairperson of a Municipal
Council or by a Government Servant drawing a pay of rupees one hundred per month or more or if there is
not such person as mentioned about at the place where the pensioner resides some other well known
trustworthy person [instructions 14 (b)].
(2) A Pensioner who has been exempted from personal appearance by the Government or a competent
authority to which they have delegated the power of granting such exemption, or who is female not
accustomed to appear in public or who produces satisfactory evidence that he (or she) is unable to appear at
the Municipal Office because of bodily illness or infirmity need not take payment in personal if he (or she)
produces a Life Certificate signed by some person exercising the powers of Magistrate under the Criminal
Procedure Code (Act of 1974), or by any Registrar or Sub-Registrar appointed under Registration Act,
1908 (Act XVI) of 1908 or by any pensioned officer who before retirement exercised the power of a
magistrate or by any Gazetted Officer or by a Munsiff or by a Police Officer not below the rank of Sub-
Inspector in-charge of Police Station. The Secretary may accept for this purpose a Life Certificate signed
by a Sub-Postmaster's on a pay not less than Rs. 50 (Rupees fifty only) a month or a village headman or a
Sarpanch of a Gram Panchayat or a President of a Panchayat Samithi or a Chairperson of a Municipal
Council (instruction 15 (1).
Note:- In the case of a female pensioner who is exempted from personal appearance at the Municipal
Officer the Life Certificate should be attested on each occasion, as an additional precaution by two or more
respectable persons of the Pensioner's town or village.
3. A pensioner who draws his pension on life certificate should attend personally at the Municipal Officer
for due identification at least once in a year, unless he is exempt from personal appearance, in which case
he should furnish the necessary independent proof of his existence to the satisfaction of the Secretary.
When a pensioner alleges that he is unable to appear personally at the Municipal Officers on account of
bodily illness or infirmity, he should furnish adequate proof of such inability at least once in a year in
addition to the independent proof of his existence.
4. A pensioner or messenger who cannot sign his name should furnish his signature on the bill in the form
of a mark of preferably a thumb impression, which should always be attested by any other person known to
the Secretary, who has appeared with the payee and identified him.
ANNEXURE 3 ANNEXURE 3
ANNEXURE
ANNEXURE - 3
(See Instruction 18)
Instruction for the payment of Pension to Leper Pensioners through the Agency of Executive Authority of a
gram Panchayat
On production of the life Certificate by a leper pensioner and if he has intimated his desire to be paid in his
village through the Executive Authority of a Gram Panchayat where the leper pensioner has to be paid a
separate bill shall be prepared by the Secretary for each pensioner. The bill together with the amount of the
pension and form of certificate of payment by the Executive Authority where the pensioner resides if the
Executive Authority happens to come in person to cash the bill.
2. A register of payment of pension of leper pensioner through Executive Authority of gram panchayats
should be maintained in the Municipal Office in the Form appended. Acknowledgments for the money paid
and the bill handed over to the executive Authority should be obtained in the column provided in the
register for the purpose. The Executive Authority should, on receipt of the money pay it promptly to the
pensioner in the presence of two responsible villagers and sign a certificate of payment of the pension in
the following Forms on the bill or separately and get it attested by the same responsible witnesses:
I certify that I have today paid in person tothe sum of Rs (in wordsbeing his pension for the month (s) of
Place:
Date:..Signed
..Signature of Executive Authority.
Paid in our presence:-
1.
2.
Signature of the Witnesses.
The Signature of the thumb impression of the pensioner should never be taken for the payment.
After the disbursement of the amount, the Executive Authority should return the pension bill with the
certificate referred to above to the Secretary who issued it, on the next occasion when the Executive
Authority of Gram Panchayat happens to go to the Municipality. The Payment should however be brought
to account in relevant monthly accounts of the Municipal Council concerned.
3. When the pension bill is received back after disbursement, the Secretary should record the fact of
payment in both halves of the pension payment order under his initials. Necessary entries should also be
made in the register of payment pensions.
4. The amount handed over to the Executive Authority etc. for disbursement should be debited to
"Suspense payments" and that suspense items should be cleared on receipt of the pension voucher with the
certificates of payment.
5. The ordinary procedure for the payment of pensions should be followed in all other respects.
FORM
Regsiter of Payments of Pensions to Leper Pensioners Through the Gram Panchayat
During the month of.19
1. Serial Number 2. Name of pensioner and number of Pension payment order. 3. Month for which pension
is claimed 4. Amount 5. Name of the village where the pensioner resides. 6. Names and designation of
person to whom the money is handed over: 7. Date on which the money is paid to the person mentioned in
column (6) 8. Acknowledgment of the person mentioned in column (6) (Signature or thumb impression) in
token of the receipt of the money and bill 9. Date on which the Executive Authority's certificate of payment
of pension was received 10. If unpaid, the date on which the money was returned 11 Remarks
ANNEXURE 4 ANNEXURE 4
ANNEXURE
ANNEXURE - 4
[See Instruction 24 (a)]
Register of Pensions Payable by Money Order
Sl. No.
Number of pension
payment order
Name of Pensioner
Full Address
Monthly amount of pension
Money order commission
Net amount to be remitted
Remarks
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
ANNEXURE 5 ANNEXURE 5
ANNEXURE
ANNEXURE - 5
Schedule of Pensions paid by Money Orders
[See Instruction 24(b)]
No. of pension
payment Order
Name
Amount
Period of claim
Rate of pension
Remarks
(1)
(2)
(3)
(4)
(5)
(6)
Total in words:
1. Certified that I have satisfied myself that all payments noted above have actually been remitted by
money order.
2. Certified that I have satisfied myself that all pensions included in the schedule for the previous month
have been paid to the proper the persons and that I have obtained money order receipts in suport of all the
payments included in the schedule and filed them in my office.
3. Certified that I have obtained from each pensioner a declaration that he has not received any
remuneration for serving in any capacity either under the Government or under a Local Fund during the
past six months (This certificate should be given in the schedules for January and July only).
Secretary.
Pay Rs (Rupees).
Secretary.
ANNEXURE 6 ANNEXURE 6
ANNEXURE
ANNEXURE - 6
Call Form
[See instruction 26 (1)]
Call for the Personal Appearance of a Pensioner
No. ..Date the19
Office of the
To
Please note that, in accordance with the prescribed rules for the identification of pensioner, it will be
necessary for you to attend personally at this office when presenting the next pension Bill.
Signature of the Secretary.
ANNEXURE 7 ANNEXURE 7
ANNEXURE
ANNEXURE - 7
Register of Pension Payment Orders
[See Instruction 37(1)]
Number of pension
payment order
Name of pensioner
Monthly amount
Remarks
(1)
(2)
(3)
(4)
Rs. P.
ANDHRA PRADESH MUNICIPALITIES (POWERS OF INQUIRY OFFICERS) RULES, 1968
In exercise of the powers conferred by Clause (P) of sub-section (2) of Section 326 of the Andhra Pradesh
Municipalities Act, 1965 (Act 6 of 1965) the Governor of Andhra Pradesh hereby makes the following
rules prescribing the powers of Officers to hold inquiries, etc. under the said Act, the same having been
published at pages 225-227 of Rules Supplement to Part I of Andhra Pradesh Gazette, dated the 28th
September, 1967 as required under Clauses (a) and (b) of sub-section (1) of Section 327 of the said Act.
Rule 1
These rules may be called the Andhra Pradesh Municipalities (Powers of Inquiry Officers) Rules, 1965.
Rule 2
All officers authorised to conduct inquiries shall have, for the purpose of holding of such inquiries,
powers:-
(i) to summon any person resident within the district whose evidence may appear to them to be necessary
for the investigation of any matter under inquiry and also to require the production of any document
relevant to the matter under inquiry which may be in the possession or under the control of such person;
and
(ii) to grant to any such person such allowance as is admissible to a witness summoned by a civil court and
to pass orders as to the person by whom such allowance shall be paid.
Rule 3
(1) The summons shall be in writing and authenticated by the signature and seal of the officer by whom it is
issued.
(2) It shall require the person summoned to appear before the said officer at a stated time and place and
shall specify whether his attendance is required for the purpose of giving evidence or to produce a
document, or for both purposes; and any particular document, the production of which, is required shall be
described in the summons with convenient certainty.
Rule 4
The summons shall be served personally on the person summoned or, if he cannot be found, it may be left
for him with some adult member of his family residing with him, or with the head of the village in which
he lives.
Rule 5
Any person summoned merely to produce a document shall be deemed to have complied with the summons
if the causes such document to be produced, instead of attending personally to produce the same.
Rule 6
When the person, whose evidence may be required, is unable from sickness or infirmity to attend before the
officer issuing the summons or is a person whom by reason of rank or sex it may not be proper to summon,
the officer issuing the summons may, of his own motion, or on the application of the party whose evidence
is desired, despense with the appearance of such person and order him to be examined by a subordinate
deputed by such officer for the purpose.
Rule 7
Any person who fails to obey a summons issued under these rules shall be punishable with fine which may
extend to one hundred rupees.
Rule 8
Nothing contained in this rules shall apply to cases for which provision has otherwise been made by or
under the Act.
ANDHRA PRADESH DIRECT RECRUITMENT FOR POSTS OF TEACHERS IN
MUNICIPALITIES (SCHEME OF SELECTION) RULES
In exercise of the powers conferred by sub-section (1) of Section 326 read with proviso to Section 74 of
Andhra Pradesh Municipalities Act, 1965 (Act No.6 of 1965), the Governor of Andhra Pradesh hereby
makes the following Rules for the direct recruitment for posts of teachers in Municipalities.
Rule 1 Short title and application
(1) These rules may be called the Andhra Pradesh Direct Recruitment for posts of Teachers in
Municipalities (Scheme of Selection) Rules.
(2) These rules shall apply to all the category of teachers specified in the Annexure-I, appended to these
rules.
Rule 2 Qualifications and method of recruitment
(1) The candidates appearing for the interview shall possess the qualifications prescribed in column (3) of
Annexure-II appended to these Rules.
(2) The recruitment shall be through a selection process consisting of a written test, carrying 85 marks and
an interview carrying 15 marks. The break up for 15 marks shall be as decided by Government from time to
time. The selection shall be on the basis of merit.
Rule 3
[A committee as provided in Section 74 of Andhra Pradesh Municipalities Act, 1965 consisting of
Chairperson the Commissioner the District Educational Officer having jurisdiction and not less than three
but not more than seven members chosen in this behalf by the Council;
Provided further that appointment to all the other posts, the pay or maximum pay of which exceeds rupees
one hundred shall be made from a panel prepared by a committee consisting of the Chairperson, the
Commissioner and not less than three but not more than seven members chosen in this behalf by the
Council.]
Rule 4 Estimation of vacancies in Municipal Schools
The Municipal Commissioner in respect of each category of posts of teachers specified in the Annexure to
this Order in the Schools under the Municipal Council and for which posts he is the appointing authority,
shall estimate every year the number of vacancies existing on the 1st April and also the vacancies likely to
arise upto the end of September of that year and intimate the same to the member-Convenor of the District
Selection Committee, duly indicating the number of vacancies reserved for various categories as per rules
in force.
Rule 5 Notification and communication of vacancies
On receipt of the estimate of vacancies in the manner provided in rule 4 above, the Member-Convenor of
the District Selection Committee shall notify the vacancies to the Employment Exchange of the concerned
district. He shall also simultaneously communicate this information to the Director of School Education.
Rule 6 Communication of list by employment exchange
On receipt of requisition from the Member-Convenor as per rule 5 above, the concenred District
Employment Exchange shall communicate the list of eligible candidates to the Member-Convenor of the
District Selection Committee.
Rule 7 Advertisement in the news papers
(a) On receipt of information about the vacancy position from the Member-Convenor of various districts, as
indicated in rule 5 above, the Director of School Education shall issue a notification in atleast four (4)
leading Newspapers in the State of which atleast two (2) in Telugu and One (1) in Urdu inviting
applications from candidates registered in the respective Employment Exchanges as of first of May of the
year.
(b) The number of vacancies notified are subject to variation at any time.
Rule 8 Submission of applications together with fees
(a) The candidates intending to appear for the written test shall submit an application in the prescribed form
to the Member-Convenor of the District Selection Committee, duly furnishing therein required particulars
including the name of Employment Exchange where his/her name is registered, the registration number and
date and also his preference to employment in respective Municipal Council.
(b) Evey applicant shall remit an amount of Rs.40/- (Rupees Forty only) towards test fee through Demand
Draft in favour of the Member-Convenor of the District Selection Committee.
Provided that the candidates belonging to Scheduled Castes/Scheduled Tribes are exempted from the
payment of the said fee.
Rule 9 Issue of Hall Tickets
On receipt of applications from candidates, the Member-Convenor of the District Selection Committee
concerned shall take action to scrutinise applications and issue, to such of the candidates who fulfil the
qualifications, Hall Tickets for the written test.
Rule 10 Setting up of question papers
The Director, State Council for Educational Research and Training shall get the question paper for the
written test set, printed and sent to the Members-Convenor of the District Selection Committees and shall
also undertake the valuation of answer scripts. He shall intimate the marks secured by the candidates to the
respective Member-Convener.
Rule 11 Written Test
The written test shall be conducted in all Districts;
provided that it shall not be conducted in those districts where there are no vacancies. The candidates will
be required to appear for the written test in the District in which they have applied.
Rule 12 Requisite minimum marks
(a) The candidates who secure, in the written test, a minimum of 50 marks out of 85 shall be eligible to be
called for interview. The minimum marks shall be 45 (forty five) out of 85 in respect of candidates
belonging to Backward Classes and 40 (Forty) out of 85 marks in respect of candidates belonging to
Scheduled Castes/Scheduled Tribes.
(b) The number of candidates to be called for interview shall however be restricted to thrice the number of
posts as prescribed in G.O.Ms.No.348, GAD dated 15-6-1988.
Provided that all candidates having equal marks shall be called for interview even if it exceeds the
prescribed limit.
(c) The interview shall be conducted by the District Selection Committee. The quorum shall be three
members.
Rule 13 Selection
On completion of interview, the candidates will be selected on the basis of total marks secured both in
written test and interview.
Rule 14 Preparation of Panel and waiting list
The District Selection Committee shall prepare a panel if candidates based on merit which shall be equal to
the number of vacancies notified. A waiting list of candidates not exceeding 5% of the number of posts or
50, whichever is less may be prepared so as to cater for a contingency where any selected candidate fails to
join in the post within prescribed time. Such waiting list shall cease to exist soon after all the vacancies are
filled up, or by March, 31 of succeeding year, whichever is earlier. The candidates who are in the waiting
list shall not have any right/claim for appointment.
Rule 15 Allotment of candidates
The Member-Convenor shall allot the candidates to Municipal Councils on the basis of the preference
given in the application by the candidates. The allocation of preferences will follow the order of merit.
Rule 16 Appointment
The appointing authority shall issue orders of appointment immediately on receipt of allotment of the
candidates from the Member-Convenor concerned, subject to verification of antecedents, physical fitness,
educational qualification certificates, etc. The appointment order shall be sent by Registered post at the
address indicated in the application form.
Rule 17 Deletion from list
If any candidate fails to join duty in the post within 45 days from the date of receipt of orders of
appointment, his/her name shall be deemed to have been deleted from the list of selected candidates; and
he/she shall not have any claim for appointment thereafter.
Rule 18 Apprentice
Every selected candidate shall be intially appointed as Apprentice for a period of two years from the date of
appointment. He/She shall work under the general supervision of the Head Master. During the period of
apprenticeship, he/she shall be paid a monthly stipend at a rate to be prescribed from time to time by
Government. On satisfactory completion of the period of apprenticeship, he/she shall be appointed to a
regular post with a regular scale of pay. The apprenticeship period shall count for probation.
ANNEXURE 1 ANNEXURE
ANNEXURE - 1
Sl. No.
Category of Post
(1)
(2)
1. School Assistants
2. Language Pandits Grade-II
3. Secondary Grade Teachers
4. Physical Training Instructors/Instructresses Grade-I and Grade-II
5. Physical Education Teachers
6. Librarians
7. Art Teachers Grade-I and Grade-II
8. M.T. Is in carpentry
9. M.T. Is in Weaving
10. Craft instructors including textile, printing, tailoring, carpentry, fitter, turner, moulder, blacksmith
instructors and senior mechanics.
11. Sewing instructresses
12. Sewing/Tailoring and needle work instructors
13. Drawing and Sewing instructresses
14. Drawing Teachers
15. Music Teachers
16. Dance Teachers
ANNEXURE 2 ANNEXURE
ANNEXURE
ANNEXURE - 2
[See Rule 2(1)]
Class and Category
Method of Appointment
Qualifications
(1)
(2)
(3)
Class-C :
1. School Asst.
By direct recruitment or
By Promotion or by appointment by transfer Must possess a Bachelor's Degree in any subject and a B.Ed.
degree from a University in India established or incorporated by or under a Central Act, State Act or a
Provincial Act or an Institution recognised by the University Grants Commission or an equivalent
qualification.
Class-D :
2. Language Pandits Grade-II By direct recruitment or By transfer Must Possess Oriental Title with Pandits
training in the concerned language.
Class-E:
3. Secondary Grade Teachers By Direct recruitment
(i) Must possess minimum general educational qualification prescribed in the schedule to General Rules in
the Andhra Pradesh State and Subordinate Service Rules, and
(ii) A Trained Teachers Certificate of the SGBT or the Senior Basic Grade or an equivalent thereto or
Matric passed Trained Teachers Certificate or TTC.
Class-F:
4. Physical Training Instructors and Instructress Grade-I and II By direct recruitment Must have passed
Intermediate examination conducted by the A.P. Board of Intermediate Education with a diploma or a
Certificate in Physical Education or its equivalent qualification.
5. Physical Education Teachers.
By direct recruitment
(i) Must have passed Intermediate Examination of A.P. Board of Intermediate
Examination; or its equivalent; and
(ii) Must possess Undergraduate Diploma in Physical Education.
Class-H:
6. Librarians and Assistant Librarian.
By direct recruitment
(i) Must have passed the Intermediate Examination `or' any equivalent examination.
And
(ii) Must held a Certificate in Library science issued by a recognised Institution `or' its equivalent.
Class-I:
7. Art Teachers.
By direct recruitment
(i) Must have passed 10th Class or its equivalent examination.
(ii) Must possess a diploma or a certificate in Drawing, Sculputure or Commercial Art from the Govt.
College of Fine Arts and Architecture.
Or
Intermediate Examination from the Govt. College of Architecture Hyderabad or an equivalent qualification.
8. Manual Training Instructor (Carpentry).
By direct recruitment
(i) Must have passed 10th Class or its equivalent examination.
(ii) Must possess a trade Certificate in Carpentry trade issued by any I.T.I. in the State or its equivalent
qualification.
9. Manual Training Instructor (Weaving).
By direct recruitment
(i) Must have passed 10th Class or its equivalent examination.
(ii) Must possess a trade certificate in Weaving trade issued by any I.T.I. in the State or its equivalent
qualification.
10. Craft Instructor including Textile, Printing Instructors, Tailoring Instructors, Carpentry Instructors,
Fitter Instructors, Turner Instructors, Moulder Instructors, Blacksmith Instructors and Senior Mechanics.
(i) Must have passed 10th Class or its equivalent examination.
(ii) Must possess a trade certificate in the concerned trade issued by any I.T.I. in the State or its equivalent
qualification.
11. Sewing Instructresses
By direct recruitment
(i) Must have passed 10th Class or its equivalent examination
(ii) Must possess a trade certificate in Sewing and Tailoring trade issued by any I.T.I. in the State or its
equivalent qualification.
12. Sewing/Tailoring and Needle work Instructors.
By direct recruitment
(i) Must have passed VIII Class.
(ii) Must possess a Certificate in Craftsmanship in Tailoring of the I.T.I. issued by the State Board of
Technical Education and Training, Hyderabad or the National Council for Training in vocational Trade,
New Delhi or a certificate of crafts course of Girls Vocational Institutions awarded by the State Board of
Technical Education and Training (for girls); or T.T.C. by lower grade in Tailoring.
13. Drawing and Sewing Instructresses
By direct recruitment
(i) Must have passed 10th Class or its equivalent examination.
(ii) Must possess a Diploma or a Certificate in Painting, Drawing, Sculpture or Commercial Art from the
Govt. College of Fine Arts and Architecture.
Or
Intermediate examination in Painting from the Govt. College of Archtecture, Hyderabad.
or
Must possess a certificate is Sewing and Tailoring trade issued by any I.T.I. in the State or its equivalent
qualification.
14. Drawing Teacher
By direct recruitment
(i) Must have passed 10th Class or its equivalent examination; and
(ii) Must possess a Diploma or a certificate in Painting, Drawing, Sculp ture or Commercial Art from the
Govt. College of Fine Arts and Architecture.
15. Music Teacher By direct recruitment
(i) Must have passed 10th Class or its equivalent examination.
(ii) Must possess a Diploma in Carnatic Vocal Music from the Govt. College of Music or from a
recognised or reputed Institution.
16. Dance Teacher
By direct recruitment
(i) Must have passed 10th Class or its equivalent examination.
(ii) Must possess in Diploma or a certificate in Kuchipudi or Bharatanatyam from a recognised or reputed
institution.
ANDHRA PRADESH MUNICIPALITIES (CONDUCT OF ELECTION OF CHAIRPERSON AND
VICE CHAIRPERSON) RULES, 2005
In exercise of the powers conferred by clause (b) of sub-section (2) of Section 326 read with clause (12) of
Section 2, Sections 5, 10-A, 23 and 27 of the Andhra Pradesh Municipalities Act, 1965 (Andhra Pradesh
Act 6 of 1965) and in supersession of the Andhra Pradesh Municipal Councils/ Nagar Panchayats (Direct
Election of Chairperson) Rules, 1986 issued in G.O.Ms.No. 629, Housing, M.A. and U.D. (Elections),
dated 12-11-1986, as amended from time to time, the Governor of Andhra Pradesh hereby, makes the
following Rules relating to conduct of election of Chairperson and Vice- Chairperson of Municipality.
PART 1 Preliminary
Rule 1 Short title
The Rules may be called the Andhra Pradesh Municipalities (Conduct of Election of Chairperson and Vice-
Chairperson) Rules, 2005.
Rule 2 Definitions
In these Rules, unless the context otherwise requires,-
(i) "Act" means the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965);
(ii) "Election Authority" means such officer or authority as may be appointed by the State Election
Commission under clause (12) of Section 2;
(iii) "Form" means the Form appended to these Rules;
(iv) "Municipality" includes a Nagar Panchayat;
(v) "Section" means a Section of the Act; and
(vi) Words and expressions used but not defined in these rules shall have the meanings respectively
assigned to them in the Act.
Rule 3 Powers of Election Authority
Subject to the general superintendence, direction and control of the State Election Commission, the
Election Authority shall be responsible for the conduct of elections of the Chairperson and Vice-
Chairperson.
PART 2 Election of Chairperson and Vice Chairperson of Municipality
Rule 4 Convening of Special Meeting for Election of Chairperson
(1) A special meeting of the members of Municipality specified in clauses (i) to (iv) of sub-section (2) of
Section 5 of the Act shall be held in the office of the Municipality by any Gazetted Officer of the
Government authorised by the District Collector in this behalf in Form I, for the election of Chairperson
and Vice-Chairperson in the manner laid down hereafter.
(2) Notice of the date and house of such meeting shall be given in From-II to the members specified in
clauses (i) to (iv) of sub-section (2) of Section 5 of the Act atleast three clear days in advance of the date of
the meeting fixed for the election of the Chairperson and Vice- Chairperson by the District Collector or the
Gazetted Officer authorised by him.
Rule 5 Quorum
No meeting for the conduct of election of Chairperson or Vice-Chairperson shall be held unless there be
present at the meeting atleast one-half of the number of members then on the Municipal Council who are
entitled to vote at the election within one hour from the time appointed for the meeting.
Provided that where at an election held for the purpose, the Chairperson or Vice-Chairperson is not elected,
a fresh election shall be held on the next day whether or not it is a public holiday for the Municipality
concerned and where the Chairperson or vice-Chairperson could not be elected on the next day also, the
matter shall be reported to the State Election Commission for fixing another date for holding election.
Provided further, that where the Election of Chairperson or Vice-Chairperson could not be conducted in the
first two special meetings convened for the purpose for want of quorum, the Chairperson or Vice-
Chairperson shall be elected in the subsequent meeting/meetings convened for the purpose from among the
members present without insisting for quorum.
Explanation For the purpose of this rule, it is hereby clarified that in determination of one-half of the
members under this rule, any fraction below 0.5 should be ignored and any fraction of 0.5 or above shall be
taken as one.
Rule 6 Manner of election
(1) A candidate for the office of Chairperson or Vice-Chairperson shall be proposed by one member and
seconded by another, who are entitled to vote, if any candidate claims to be contesting on behalf of a
recognised political party, he shall produce an authorisation, from the President of the Party in the State or
a person duly authorised by the State President under his office seal and such authorisation shall be
produced before the Presiding Officer on or before 10.00 a.m. on the day of the election. The names of all
candidates validly proposed and seconded shall be read out, along with the name of the Political Party
which has set him up, by the Presiding Officer in such a meeting.
(2) If only one candidate is duly proposed, there shall be no election and he shall be declared to have been
elected.
(3) If there are two or more candidates, election shall be held by show of hands and votes taken of the
members present at the meeting.
(4) when an election notice is issued for conducting election to both the offices of the Chairperson and
Vice-Chairperson, no election to the office of the Vice-Chairperson shall be conducted, unless the office of
the Chairperson is filled up. Only after completion of election of Chairperson, the Presiding Officer shall
conduct election of Vice- Chairperson.
(5) The Presiding Officer shall thereafter record the number of votes polled, for each such candidate
ascertained by show of hands. He shall announce the number of votes secured by each candidate and shall
declare the candidate who secures the highest number of votes, as elected.
(6) In the event of there being an equality of votes between two or more candidates, the Presiding Officer
shall draw lots in the presence of the members and the candidates whose name is first drawn shall be
declared to have been duly elected.
(7) Every recognised political party may appoint on behalf of that political party a whip and intimation of
such appointment shall be issued by the State President or a person authorised by him under his seal and
such intimation shall besenttothe Presiding Officer to reach him on or before 11.00 a.m. on the day
preceding to day of election to the Office of the Chairperson and vice-Chairperson.
Explanation: - Recognised political party means a political party recognised by Election Commission of
India, New Delhi, as per the provisions of Election Symbols (Reservation and Allotment) Order, 1968
issued under article 324 of Constitution of India.
(8)
(i) Any member of the Municipality elected on behalf of a recognised political party, shall cease to be a
member of the Municipality for disobeying the directions of the party Whip so issued,
(ii) The Presiding Officer shall, on receipt of a written report from the party Whip within three days of the
election that a member belonging to his party has disobeyed the Whip issued in connection with the
election give a show-cause notice to the member concerned as to why he should not be declared to have
ceased to hold office and that he should make any representation within seven days from the date of the
notice. The Presiding Officer shall, consider any explanation given and pass a speaking order in the matter
of cessation for disobedience of the Whip. If no explanation is received, the Presiding Officer shall pass an
order on the basis of the material available with him.
Rule 7 Record of Proceedings
Immediately after the declaration of the Result of the election, the Presiding Officer, shall,-
(a) prepare a record of the proceedings of the meeting and sign it attesting with his initials every correction
made therein and shall also have the said record of proceedings attested by a majority of the members who
participated in the meeting.
(b) publish on the notice board of the Municipality a notice signed by him stating the name of the person
elected as Chairperson/Vice-Chairperson of the Municipality and send a copy of such notice to the State
Election Commission, the Commission and Director of Municipal Administration and the District
Collector. A copy of the notice shall also be given to the candidate who is declared elected as
Chairperson/Vice-Chairperson of the Municipality.
PART 3 Filling up of Casual Vacancies in the Office of Chairperson and Vice Chairperson of
Municipality
Rule 8 Procedure for filling casual vacancies
The Rules in Part-II shall apply for filling up a casual vacancy in the office of the Chairperson/Vice-
Chairperson of a Municipality:
Provided that every casual vacancy shall be filled up within a period of six months from the date of
occurrence of such vacancy.
APPENDIX 1 FORM 1
FORM
[See Rule 4(1)]
FORM 1
[See
Rule 4(1)]
I.... (name),
District Collector........... hereby
authorise Sri..... (name & designation), to convene the special meeting of the members
of...................................... Municipality specified in clauses (i) to (iv) of sub-section (2) of Section 5 of the
Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965) for the election of the Chairperson and Vice-
Chairperson of......... Municipality.
Place:
(Signature)
Date:
District Collector.
APPENDIX 2 Notice of Special Meeting for Election of Chairperson and Vice-Chairperson
FORM
[See Rule 4(2)]
FORM 2
Notice of Special Meeting for Election of Chairperson and Vice-Chairperson
[See Rule 4(2)]
Notice is hereby given to Sri.................... elected/ex-officio member of the .................. Municipality that a
special meeting of the members of the Municipality will be held at (time..................................................... )
on (date). at its office for the election of the Chairperson and ViceChairperson.
The member is requested to make it convenient to attend the meeting.
Place:......................................................
(Signature)
Date:
District Collector/Gazette Officer
Authorised
by the District Collector.
ANDHRA PRADESH MUNICIPALITIES (PUBLICATION OF NOTIFICATION FOR PURPOSE
FOR WHICH PLACES MAY NOT BE USED WITHOUT A LICENCE) RULES, 1967
In exercise of the powers conferred by Clause (a) of sub-section (2) of Section 326 read with sub-section
(1) of Section 263 of the Andhra Pradesh Municpalities Act, 1965 (Act 6 of 1965), the Governor of Andhra
Pradesh hereby makes the following rules relating to the manner of publication of notification under
Section 263, the same having been published at pages 389-394 of Rules Supplement to Part 1 of the
Andhra Pradesh Gazette, dated the 3rd September, 1966 as required by Clauses (a) and (b) of sub-section
237 of the said Act.
Rule 1
These rules may be called the Andhra Pradesh Municipalities (Publication of Notification for purposes for
which places may not be used without a Licence) Rules, 1967.
Rule 2
When the Municipal Council determines that no place within municipal limits or within 3 kilometers of
such limits shall be used for any one or more of the purposes specified in Schedule IV to the A.P.
Municipalities Act, 1965 without a licence of the Commissioner, the Commissioner shall forthwith publish
a notification in the form annexed to those rules.
Rule 3
Every notification referred to in Rule 2 shall be published-
(a) in the District Gazette and , if there is no District Gazette, in the Andhra Pradesh Gazette;
(b) by affixing a copy of notification on the notice board of the municipal office:
(c) by beat of drum both in municipal limits and outside the municipal limits where this notification is to
become operative; and
(d) through announcement by wire broadcasting system wherever such system is in operation.
ANNEXURE 1 Form of Notification to be published under Section 63 of the Andhra Pradesh
Municipalities Act, 1965
ANNEXURE
ANNEXURE
Form of Notification to be published under Section 63 of the Andhra Pradesh Municipalities Act, 1965
In pursuance of the provisions in Section 263 of the Andhra Pradesh Municipalities Act, 1965 (Act 6 of of
1965) (hereinafter called the Act), the Municipal Council ....................... in its resolution No.............. dated
resolved that no place within the municipal limits of ................... Municipality or at a distance of three
kilometres of such limits shall be used for the purpose/purposes mentioned in the following. Table without
the licence of the Commissioner and except in accordance with the conditions specified therein, the same is
hereby published for general information. The sanctions of Government required under Section 263 (1)(b)
for giving effect to the notification in areas outside the municipal limits was obtained in
G.O.Ms.No................. dated ....................
2. This notification will take after 60 days from the date of its publication. The owner or occupier or every
such place, shall, within 30 days of the publication of this notification, apply to the Commissioner for a
licence for the use of such place for such purpose.
3. In pursuance of the said resolution, a licence fee as indicated against each item in the following table is
chargeable for the grant of each licence:
Provided that if a place is used for more purposes than one, it will be sufficient if the highest rate of fee
chargeable for any of the trades taken individually has been paid.
Sl. No.
Nature of trade Licence fee chargeable
(1)
(2)
(3)
ANDHRA PRADESH MUNICIPALITIES (CONDUCT OF ELECTION OF MEMBERS) RULES,
2005
In exercise of the powers conferred by clause (b) of sub-section (2) of Section 326, read with clause (12) of
Section 2, Sec. 10-A, 20, 27 and 28-E of the Andhra Pradesh Municipalities Act, 1965 (Andhra Pradesh
Act 6 of 1965), and in supersession of the rules issued in G.O.Ms.No. 938, M.A. dated the 28th July 1965,
as amended from time to time, the Governor of Andhra Pradesh, hereby makes the following rules for the
conduct of Election of Members to Municipalities and Nagar Panchayats in the State.
Rule 1 Short title
These rules may be called the Andhra Pradesh Municipalities (Conduct of Election of Members) Rules,
2005.
Rule 2 Applicability
The rules shall apply to all the Municipalities and Nagar Panchayats in the State of Andhra Pradesh.
CHAPTER 1 Preliminary
Rule 3 Definitions
(1) In these rules unless there is anything repugnant in the subject, or context,
(a) "Government" means the Government of Andhra Pradesh;
(b) "Act" means the Andhra Pradesh Municipalities Act, 1965;
(c) "Elector" in relation to an election to any municipality means a person whose name appears in the
electoral roll of the Municipality as it remains in force, except a person who is declared to be a man of
unsound mind and stands so declared by a competent court;
(d) "Election Officer" means the Municipal Commissioner or any person or officer authorised or appointed
by the Election Authority to do any act or perform any function in connection with the conduct of elections
under these rules.
(e) "electronic voting machine" means the voting machine referred to in Section 28-E of the Act;
(f) "electoral roll" means the electoral roll prepared and published under Section 11 of the Act;
(g) "Form" means the form appended to these rules and includes the translation of the matter in Telugu or
any other languages specified in Schedule VIII of the Constitution,
(h) "ballot box" includes any box, bag or other receptacle used for the insertion of ballot paper by voters;
(i) "counterfoil" means the counterfoil attached to a ballot paper printed under the provisions of these rules;
(j) "marked copy of the electoral roll" means the copy of the electoral roll set apart for the purpose of
marking the names of electors to whom ballot papers are Issued at an election or the names of electors who
are allowed to vote through electronic voting machine;
(k) "municipality" includes a Nagar Panchayat;
(1) "Polling Station" in relation to an election of members means the place fixed for taking the poll at such
election;
(m) "Presiding Officer", includes any polling officer performing any of the functions of a Presiding Officer
under sub-rules (2) and (3) of Rule 30;
(n) "Public Holiday means any day declared as such by Government,
(o) "Voters on election duty means any polling agent, any polling officer, Presiding Officer or other public
servant who is an elector in the ward and is by reason of his/her being on election duty unable to vote at the
polling station where he/she is entitled to vote;
(2) Words and expressions used in these rules but not defined shall have the same meaning assigned to
them respectively under the Act.
(3) For the purpose of these rules, a person who is unable to write his/her name shall, unless otherwise
expressly provided in these rules be deemed to have signed an instrument or other paper, if.
(a) he/she has placed a mark on such instrument or other paper in the presence of the Election Officer or the
Presiding Officer or such other Officer specified in these rules;
(b) such officer on being satisfied as to his/her identity has attested the mark as being the mark of that
person".
CHAPTER 2 Election of Members
Rule 4 Administrative Machinery for the Conduct of Elections
(1)
(a) The conduct of Elections to all Municipalities in the State shall be under the superintendence, direction
and control of the State Election Commission
(b) The Election authority appointed by the State Election Commission shall exercise such powers and
perform such functions in connection with the conduct of elections under these rules, as may be assigned to
him under the Act and the rules.
(2) The District Collector shall be the District Election Authority. He shall, within his Jurisdiction perform
such functions of the Election Authority under these rules as may be assigned to him by the Election
Authority.
(3) Subject to the general superintendence, direction and control of the Election authority, the District
Election Authority shall be responsible for the conduct, co-ordination and supervision of all works in
connection with the conduct of the elections to the Municipalities within his jurisdiction.
(4) The Election Authority may appoint one or more persons who shall be an officer or officers of the
Local Authority or the Government as Additional Election Officer or Assistant Election Officer and they
shall, subject to the control of the Election Officer be competent to perform all or any functions of the
Election Officer, except the functions which relate the scrutiny of nominations, unless the Election Officer
is unavoidably prevented from performing the said function
Rule 5 Display of voters list
The Election Officer shall affix a notice on the notice board of the municipal office showing the voters list
pertaining to the various wards of the municipality on the day of publication of notice under Rule 6;
Rule 6 Publication of election notice
The Election Officer shall, on the basis of the election notification issued by the State Election
Commission, prepare and publish a notice on the notice board of the Municipality and in one or more
conspicuous places in each ward of the Municipality for which election is due in English and in the main
language of the District stating:
(a) the number of members to be elected
(b) the wards for which they are to be elected;
(c) the category for which it is reserved, namely, for the members of the Scheduled Tribes, the Scheduled
Castes, Women and Backward Classes as the case may be, under section 8(1) of the Act;
(d) the date upto which, the places at which and the hours between which and to whom nomination papers
shall be presented, which shall be a date not earlier than the fourth day and not later than the tenth day after
the date of publication of the election notice, whether or not it is a public holiday;
(e) the date on which, the hours between which and the place at which the nomination papers will be taken
up for scrutiny, such date being the date, next to the last date fixed for the presentation of nomination
papers, whether or not it is a public holiday;
(f) the last date and time for withdrawal of the candidature, which shall not be later than 3'o' clock in the
after noon of the third day after the date fixed for scrutiny of nominations whether or not it is a public
holiday;
(g) the date on which and place or places at which the poll will be taken, should there be a poll and the
hours during which the poll will be taken:
(i) Provided that the date on which a poll shall be taken shall be a date not earlier than the twelfth day after
the date for withdrawal of candidatures:
(ii) Provided further that the total period allotted to any one day for polling at an election in a ward shall
not be less than eight hours; and
(h) the day on which and the place and the hour at which the counting of votes shall commence.
Rule 7 Special Election programme
Notwithstanding anything contained in these rules, where the election process is interrupted or the election
programme has to be altered on account of the orders of any Court of Law or for other valid reasons to be
recorded in writing, it shall be competent for the State Election Commissioner either generally or in respect
of all or any of the wards of a municipality to alter the election programme notified under Rule 6 and to re-
notify the election programme as he deems fit in the circumstances of the case without having regard to the
guidelines mention in the said rule and the election officer shall give effect to the same.
Provided that where the election programme is re-notified under this rule commencing from the making of
nominations, the nominations already made shall be disregarded and the deposits, if any, made shall be
refunded.
Rule 8 Nomination of Candidates
(1) The nomination of every candidate shall be made by means of nomination paper in Form I, which shall
on application, be supplied free of cost by the Election Officer to any elector whose name is on the
electoral roll for the municipality:
Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or
accepted by the Election Officer for election in the game ward for any particular seat,
(2) Every nomination paper shall be signed by one such elector as proposer and the candidate shall sign a
declaration on it expressing his willingness to stand for election.
(3) Each candidate shall be nominated by a separate nomination paper. An elector standing as a candidate
for election to a seat shall not sign his own nomination papers as proposer.
(4) Every nomination paper shall be presented by the candidate in person or by his proposer on the date, at
the place and during the hours appointed, to the Election Officer or to such other person as may be
authorised by him in this behalf. The Election Officer or such other authorised person shall forthwith
number the nomination papers serially in the order in which they are presented and enter on each
nomination paper, the time at which it is presented. He shall give a receipt for the same as in Form I.
(5) Where a person has signed as proposer more than one nomination paper first received shall only be
valid.
(6) The rejection of a nomination paper of any candidate on the ground of any irregularity in respect thereof
shall not affect the validity of the nomination of the candidate if the candidate has been duly nominated by
means of another nomination paper in respect of which no irregularity has been committed.
(7) No nomination paper shall be received after the appointed time on the last date appointed for the
presentation of nomination papers whether or not it is a public holiday.
(8) In the case of every nomination filed in respect of a seat reserved for Scheduled Tribes, Scheduled
Castes and Backward Classes, a declaration in Form II made before an officer not below the rank of a
Deputy Tahsildar of the Revenue Department by the candidate shall be attached to the nomination.
(9) Every candidate shall, along with the nomination paper also file a declaration with regard to his
criminal antecedents, assets and liabilities and educational qualifications as required by the State Election
Commission and in the prescribed format attested by two witnesses.
Rule 9 Check It
Verification of entry in the electoral roll:
(1) On the presentation of a nomination paper, the Election Officer or other authorised person referred to in
sub-rule (4) of Rule 8 may require the person or persons presenting the same to produce a copy of the
electoral roll in which the candidate and his proposer are registered or the necessary entries therein and
shall satisfy himself that the name and number of the candidate and his proposer, as entered in the
nomination paper, are the same as those entered in the electoral roll.
(2) The Election Officer may so interpret an entry in the electoral roll, as to overlook merely clerical or
printing errors but he shall record the interpretation adopted by him together with the reasons therefor.
Rule 10 Deposits
(1) The State Election Commission, may before every ordinary elections by notification, specify amounts
of deposit which each candidate wishing to stand for election as member shall make and different amounts
may be specified for different categories of candidates. At or before the time of presentation of his
nomination paper or papers, each candidate shall remit or cause to be remitted the amount of deposit, as
may be specified, in any Government Treasury or Bank or in cash with the Election Officer. No candidate
shall be deemed to be duly nominated, unless the deposit as aforesaid has been made. Explanation: The
delivery of a receipt to the Election Officer from any Government Treasury or Bank wherein the
Municipality has an account, evidencing the payment by or on behalf of a candidate, to the credit of the
Municipality of the amount required to be deposited under this sub-rule shall be deemed to be a deposit of
such amount within the meaning of this sub-rule made by or on behalf of such candidate at the time of such
delivery.
(2) If no nomination paper is received within the time appointed in that behalf in respect of any person by
whom or on whose behalf the deposit referred to in sub-rule (1) has been made or if the nomination of any
such person is rejected or if he withdraws his candidature in the manner and within the time specified, the
deposit shall be refunded to the person by whom it was made and if any candidate dies before the
commencement of the poll, any such deposit if made by him shall be refunded to his legal representative or
if not made by the candidate, shall be refunded to the person by whom it was made or to his legal
representative.
(3) If a candidate by whom or on whose behalf the deposit referred to in sub-rule (1) has been made is not
elected and the number of valid votes polled by him does not exceed one sixth of the valid votes poled, the
deposit shall be forfeited to the Municipality.
(4) For the purposes of sub-rule (3) the number of valid votes polled shall be deemed to be the number of
ballot papers, other than spoilt ballot papers counted.
(5) The deposits which are not forfeited under sub-rule (3) shall be refunded to the candidates or to the
persons who have made the deposits on their behalf as the case may be as soon as may be after the
declaration of the result of the election.
(6) Notwithstanding anything contained in sub-rules (2) and (5) where deposits have been made by or on
behalf of a candidate in respect of two or more seats not more than one of the deposits shall be returned and
the remainder shall be forfeited to the Municipality irrespective of the fact whether nominations were
received from the candidate for the seat or not.
(7) Notwithstanding anything contained in this rule, a deposit made under sub-rule (1) shall not be refunded
unless a claim therefore is delivered or sent by post to the Election Officer by the person who made the
deposit or by his legal representative, as the case may be, within six months of the date of declaration of the
result.
Rule 11 Publication of list of nominations received
On the last day appointed for the receipt of nomination papers and immediately after the hour for their
receipt is past, the Election Officer or the authorised person referred to in sub-rule (4) of Rule 8 shall
publish in the municipal office a list in Form HI of all nominations received with a notice that the
nomination papers will be taken up by the Election Officer for scrutiny at the municipal office or other
specified place on the date and time appointed under Rule 6.
Rule 12 Scrutiny of Nomination Papers
(1) On the date appointed for the scrutiny of nominations, the candidates, their election agents, one
proposer of each candidate and one other person duly authorised in writing by each candidate and no other
person, except for the purpose of assisting the Election Officer may attend at such time and place as may be
specified under Rule 1 and the Election Officer shall give such persons all reasonable facilities to examine
the nomination papers of all candidates which have been received within time.
(2) The Election Officer shall then examine the nomination papers and shall decide all objections which
may be made at the time to any nomination and may either on such objection or on his own motion after
such summary inquiry, if any, as he thinks necessary reject any nomination on any of the following
grounds:
(i) that the candidate is ineligible for election under Sections 13, 13-A, 13-B, 14, 15, ISA and 15B of the
Act;
(ii) That the proposer is a person whose name is not registered in the electoral roll of the concerned ward;
or
(iii) that there has been any failure on the part of the candidate or his proposer to comply with any of the
provisions of Rules 8 and 10; or
(iv) that, in case the seat is reserved for any community or for women, the candidate does not belong to that
community or is not a woman, as the case may be;
Provided that the nomination of a candidate shall not be rejected merely on the ground of any incorrect
description of his name or of the name of his proposer or of any other particulars relating to the candidate
or his proposer as entered on the electoral roll, if the identity of the candidate or proposer as the case may
be, is established beyond reasonable doubt:
Provided further that the Election Officer shall not reject any nomination paper on the ground of any defect
which is not of a substantial character.
(3) The Election Officer shall endorse on each nomination paper his decision accepting or rejecting the
same and if the nomination paper is rejected, he shall record in writing a brief statement of his reasons for
such rejection. The scrutiny shall be completed on the day appointed in this behalf under Rule 6 and no
adjournment of the proceeding shall be allowed, except when such proceedings are interrupted or
obstructed by riot or open violence or for causes beyond the control of the Election Officer:
Provided that in case an objection is made, the candidate concerned may be allowed time to rebut it not
later than the next day but one following the date fixed for scrutiny, and the Election Officer shall record
his decision on the date to which the proceedings have been adjourned.
(4) When the scrutiny has been completed a list of validly nominated candidates shall be published in Form
IV. There shall be one entry only in respect of each validly nominated candidate in the list, although more
nomination papers than one in respect of him may have been accepted as valid. If none of the nomination
papers is found valid on scrutiny, no name of the candidate should be entered in the list.
Rule 13 Withdrawal of candidature
(1) Any candidate may withdraw his candidature by notice in writing in Form V, signed by him and
delivered personally to the Election Officer at any time after presentation of his nomination paper or papers
and before three 'O' clock in the afternoon on the third day after scrutiny of nominations whether or not it is
a public holiday. When the notice is not delivered by such candidate in person it shall be delivered by his
proposer or election agent who has been authorised in this behalf in writing by such candidate.
(2) The Election Officer on receiving a notice of the withdrawal under sub-rule (1) shall, as soon as may
be, cause a notice of the withdrawal in Form VI to be affixed on the notice board of the Municipal Office.
(3) A candidate who has withdrawn his candidature under sub-rule (1) shall not be allowed to cancel the
withdrawal.
Rule 14 Publication of the list of contesting candidates
(1) On the expiry of the time allowed for withdrawal of candidature under Rule 13(1), the Election Officer
shall prepare a list in Form VII of persons whose nominations have not been rejected and who have not
withdrawn their candidature which may be called as list of contesting candidates and publish it on the
notice board of the Municipal Office forthwith whether or not it is a public holiday and in any case atleast
twelve days before the date fixed for the election.
(2) The names of the candidates shall be arranged with reference to surnames of the candidates in
alphabetical order in Telugu. Where there is no surname the proper name shall be taken into consideration
and where only the initials precede the proper name, the initials have to be ignored while arranging the
names in the list of contesting candidates. If a poll is found to be necessary, the Election Officer shall also
specify the distinctive symbols assigned to them under sub-rule (3). Provided that if two or more candidates
bear the same name, they shall be distinguished by the addition of their occupation or residence or in some
other manner. The names of such candidates shall be arranged in the order in which their nominations were
received by the Election Officer.
(3) If a poll is found to be necessary the Election Officer shall assign to every contesting candidate on
distinctive symbol as per the provisions of paragraph 6 of the Registration of Political parties and
Allotment of Symbols Order, 2001 issued by the State Election Commission and any other instructions
issued by the State Election Commission in this behalf from time to time.
(4) In every case where a symbol has been as signed to a candidate under sub-rule (3) such candidate or his
election agent shall forthwith be informed of the symbol so assigned and be supplied with a specimen
thereof by the Election Officer.
Rule 15 Uncontested election
After the list of contesting candidates is published under Rule 14, if there is only one contesting candidate,
the Election Officer shall declare the candidate as duly elected. If the number of contesting candidates is
more than one, a poll shall be held. If there are no valid nominations to fill the seats the Election Officer
shall report the same to the State Election Commission through the Election Authority.
Rule 16 Death of a contesting candidate before poll
(1) If a candidate set up by a recognised political party or a candidate set up by a registered political party
to whom a symbol is reserved by the State Election Commission -
(a) dies at any time after 10.00a.m. on the last date for making nominations and his nomination is found
valid on scrutiny; or
(b) whose nomination has been found valid on scrutiny and who has not withdrawn his candidature dies
and in either case, a report of his death is received at any time before the publication of the list of
contesting candidates; or
(c) dies as a contesting candidate and a report of his death is received before the commencement of the poll,
the Election Officer shall, upon being satisfied about the fact of the death of the candidate, by order,
announce an adjournment of poll to a date to be notified later and report the facts to the State Election
Commission and to the election authority:
Provided that no order for adjourning a poll should be made in a case referred to in clause (a) except after
the scrutiny of all the nominations including the nomination of the deceased candidate.
(2) The State Election Commission shall on the receipt of a report from the Election Officer under sub-rule
(1), call upon the recognised or registered political party, as the case may be, whose candidate has died, to
nominate another candidate for the said poll within seven days of issue of such notice to such recognised or
registered political party and the provisions of Rule 8 to 13 shall, so far as may be, apply in relation to such
nomination as they would apply to other nominations:
Provided that no person who has given a notice of withdrawal of his candidature under sub-rule (1) of Rule
13 before the adjournment of the poll shall be ineligible for being nominated as a candidate for the election
after such adjournment.
(3) Where a list of contesting candidates has been published under Rule 14 before the adjournment of the
poll under sub-rule (1), the Election Officer shall again prepare and publish a fresh list of contesting
candidates under that section so as to include the name of the candidate who has been validly nominated
under sub-rule (2).
Rule 17 Appointment of Election Agent
(1) Every person nominated as a candidate for an election may appoint in writing a person to be his election
agent. The appointment shall be in Form VIII and notice of appointment shall be given in writing to the
Election Officer.
(2) When a candidate for election appoints a person to be his election agent, he shall obtain, in writing the
acceptance of such person to be his election agent.
(3) No person shall be appointed as an election agent who is disqualified under Section 15, excepting the
one mentioned in clause (f) of subsection (2) thereof.
(4)
(1) Any revocation of the appointment of an election agent shall be signed by the candidate and shall
operate from the date on which it is lodged with the Election Officer
(ii) In the event of such revocation or of the death of an election agent the candidate may appoint in like
manner another person to be his election agent; and when such appointment is made, notice thereof shall be
given in the manner laid down in sub-rule (1).
(5) Every election agent shall perform such functions in connection with each election for which he is
appointed as election agent, as are required to be performed by such agent.
Rule 18 Appointment of Polling agents
(1) At an election at which a poll is to be taken each candidate or his election agent, if any, may appoint
one agent and two relief agents, to act as polling agents of such candidate at each polling station or, where a
polling station has more than one polling booth, at each such polling booth for the poll, as the case may be,
and such appointment shall be made by a letter in writing in duplicate in Form IX signed by the candidate
or his election agent, if any, under intimation to Election Officer atleast three days before the
commencement of the poll.
(2) The candidate or his election agent shall also deliver the duplicate copy of the letter of appointment to
the polling agent who shall, on the date fixed for the poll, present the copy to, and sign the declaration
contained therein, before the presiding officer of the polling station where such polling agent is appointed
for duty and the presiding officer shall thereafter retain it is in his custody. No polling agent shall be
allowed to perform any duty at the polling station or at the place fixed for the poll unless he has complied
with the provisions of this sub-rule.
(3) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election
agent as the case may be. Such revocation shall operate from the date on which it is lodged with the
Election Officer and in the event of such a revocation or of the death of a polling agent before the close of
the poll the candidate or his election agent may appoint another polling agent at any time before the poll is
closed and shall forthwith give notice of such appointment as laid down in sub-rule (1).
Rule 19 Appointment of counting agents
(1) Each candidate or his election agent if any, may, before the commencement of the counting of votes
appoint a counting agent of such candidate by a letter in writing in duplicate in Form X signed by the
candidate or his election agent, if any.
(2) As soon as may be after the appointment of the counting agent of a candidate, and in any case before
the commencement of the counting of votes, the candidate or his election agent shall give notice of the
appointment, of such counting agent to the Election Officer by forwarding to such officer the letter of
appointment, referred to in sub-rule (1).
(3) The candidate or his election agent shall also deliver the duplicate copy of the letter of appointment to
the counting agent who shall, on the date fixed for the counting of votes present the copy to, and sign the
declaration contained therein, before the Election Officer, and the Election Officer shall thereafter retain it
in his custody. No counting agent shall be allowed to perform any duty at the counting of votes unless he
has compiled with the provisions of this sub-rule.
(4) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election
agent as the case may be. Such revocation shall operate from the date on which it is lodged with the
Election Officer. In the event of a revocation or of the death of a counting agent at any time before the
counting of votes is commenced, the candidate or his election agent may appoint another person as the
counting agent and when an appointment is made, a notice of such appointment in the manner prescribed
above shall be given to the Election Officer.
Rule 20 Rights of candidates and his election agent
(1) At every election where a poll is taken, each candidate at such election and his election agent shall have
a right to be present at any polling station.
(2) A candidate or his election agent may himself do any act or thing which any polling agent or the
counting agent of such candidate, if appointed would have been authorised by or under these rules to do, or
may assist any polling agent or the counting agent of such candidate in doing any such act or things.
Rule 21 Non-attendance of agents
Where any act or thing is required or authorised by or under these rules to be done in the presence of the
polling or counting agent, the non-attendance, of any such agent or agents at the time and place appointed
for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
VOTING:
Rule 22 Voting by postal Ballot
At an election in a ward where a poll is taken, any member of the Armed Forces of the Union or a member
of the Armed Police Forces of the State serving outside the State may give his vote by a postal ballot and
such person shall not be entitled to give his vote in any other manner. The wife of any such person may
also give her vote by postal ballot.
Rule 23 Electors under preventive detention
Subject to the other provisions of these rules, a voter of a ward may, if he is subject to preventive detention
under any law for the time being in force, give his vote by postal ballot at any election in such ward where
a poll is taken:
(1) As soon as possible, after a notice is published under Rule 6, the Election Officer shall ascertain in
writing from the Collector of the District whether any voter in that Municipality is subj ect to preventive
detention under any law for the time being in force. The Collector shall within five days from the date of
receipt of such communication from the Election Officer forward list of names of any such voters in that
municipality, if any, togetherwith their addresses and the particulars about their place of detention to the
Election Officer.
(2) Any voter who is subject to preventive detention under any law for the time being in force or on his
behalf any member of his family may within ten days from the date of publication of the notice apply to the
Election Officer of the ward for permission to give his vote by postal ballot at the election. Every such
application shall specify the name of the voter, his address, his serial number in the electoral roll and the
particulars regarding his place of detention.
(3) If the Election Officer is satisfied that the person whose name has been forwarded under sub-rule (2) or
who has made an application under sub-rule (3) is under preventive detention and is a voter in the ward to
which the election relates and is entitled to vote at such election he shall permit such person to give his vote
at the election by postal ballot.
(4) While granting any such permission, the Election Officer shall, at the same time, put the letters 'P.B.'
which means that a postal ballot has been issued in each copy of the electoral roll in which such person's
name is registered and which is intended to be used at the polling station where such person would if he
had not been under detention, have normally voted so as to indicate that such person has been permitted to
give vote at the election by postal ballot.
Rule 24 Procedure for issue of Postal Ballot
(1) The Election Officer shall, in the case of every voter who is entitled under Rule 22 or who has been
permitted under sub-rule (4) of Rule 23 to give his vote at the election by postal ballot, as soon as may be
after the publication under Rule 14 of the list of candidates at the election, send by registered post to each
such voter a ballot paper along with the copy of instructions contained in Form XI. He shall note down the
electoral part No. and the Serial No. of the elector as entered in the marked copy of the electoral roll on the
counterfoil of the ballot paper and detach the ballot paper from the counterfoil.
(2) Along with the ballot paper the Election Officer shall also send
(a) An envelope addressed to himself in Form XII;
(b) another envelope with the number of the ballot paper entered on its face; and
(c) a letter in Form XIII. The Election Officer shall have the number of the ballot paper entered at the left
hand bottom corner of the envelope cover in Form XII.
(3) The ballot paper together with the envelopes and the letter shall be sent
(a) in case where the voter is a member of the Armed Forces of the Union or of the Armed Police Force of
the State serving outside the State, to the address of the voter as shown in the electoral roll;
(b) in case where the voter is a person subject to preventive detention, to such voter to the place of his
detention.
(4) After all the ballot papers are issued under this rule, the Election Officer, shall seal in a separate packet
the counterfoils of the ballot paper issued to the voters entitled to vote under postal ballot and record on the
packet a brief description of its contents and the date on which it was sealed.
(5) No election shall be invalidated by reason that a voter has not received his ballot paper.
Rule 25 Recording of vote
(1) Every voter, on receiving his ballot paper sent under Rule 24 shall, if he desires to vote at the election,
record his vote thereon and sign the declaration on is back in accordance with the letter and instructions
sent with ballot paper.
(2) The voter shall then place the ballot paper in the envelope, close the envelope, place it in the other
envelope and send the same cover to the Election Officer in accordance with the instructions contained in
the letter so as to reach him before 5 p.m. on the date fixed in this behalf by the Election Officer. Any
envelope which is not received by the Election Officer before 5 p.m. on the date so fixed shall be rejected.
All such rejected envelopes shall be kept in a separate sealed packet by the Election Officer.
Rule 26 Attestation
A voter shall obtain attestation of his signature, but not of his vote on the postal ballot paper by a Gazetted
Officer of the State or Central Government to whom the voter is personally known or to whose satisfaction
the voter has been identified or
(a) in the case referred to in clause (a) of sub-rule (3) of Rule 24 by such officer as may be appointed in this
behalf by any commanding officer of the unit in which the voter is employed, and
(b) in the case referred to in clause (b) of sub-rule (3) of Rule 24 by the Superintendent of the Jail or
Commandant of the detention camp in which the voter is under detention.
Rule 27 Assistance to disabled Voters
If a voter to whom a ballot paper is sent under Rule 24 is illiterate or is unable due to physically incapacity,
to record his vote and sign the declaration on the back of the ballot paper in accordance with the provisions
of Rule 25, it shall be competent for him to make his declaration and to record his vote by the hand of any
officer empowered to attest his signature and declaration under Rule 26.
(1) Any such voter as aforesaid may deliver the ballot paper, together with the envelope and the other
envelope received by him from the Election Officer to an officer referred to in sub-rule (1) and such officer
shall, on being so requested by the voter
(a) certify on the back of the ballot paper the voter's incapacity; and
(b) attest the fact that he was requested by the voter
(i) to sign the declaration on the back of the ballot paper; and
(ii) to mark the ballot paper for him
(2) Such Officer shall further certify that he has put the mark on the ballot paper in accordance with the
wishes of the voter and that the ballot paper was so signed and marked by him in the presence of the voter.
(3) Such officer shall thereupon place the marked ballot paper in the envelope and close the same and place
it in the other envelope which he shall seal and hand over to the voter. The voter shall then send the sealed
envelope forthwith to the Election Officer in accordance with the instructions contained in the letter sent to
the voter along with the ballot paper so as to reach the Election Officer before 5 p.m. on the date fixed
under sub-rule of Rule 25. Any envelope which is not received by the Election Officer before 5 p.m. on
such date shall be rejected and kept along with the envelopes rejected under the said sub-rule.
Rule 28 Reissue of ballot papers
(1) When a ballot paper and other connected paper sent by registered post under Rule 24 are for any reason
returned undelivered, the Election Officer may re-issue them by registered post.
(2) In cases where any voter has inadvertently dealt with his ballot paper or any of the connected papers in
such manner that the papers cannot conveniently be used, the Election Officer after satisfying himself of
the inadvertence may issue a second set of ballot paper and other connected papers to the voter or the
voters returning the ballot paper and other connected papers. The paper so returned shall be marked as
cancelled by the Election Officer. The paper so cancelled be kept in a separate envelope set apart for the
purpose.
Rule 29 Check It
Safe Custody of postal ballots: The Election Officer shall keep in safe custody until the commencement of
the counting of votes all envelopes containing postal ballot papers received by him under Rule 25 or Rule
27.
Rule 30 Check It
Voting at Polling Station:
(1) A polling station shall have one or more polling booths. If a poll has to be taken, the Election Officer
shall appoint forthwith a Presiding Officer and none or more Polling Officers for each polling booth and
may pay them reasonable remuneration for their services. The Election Officer may, if necessary, appoint
one or more identifying officers to assist the presiding Officer in identifying the electors. The polling
personnel shall not consist of any Members, or any officer, or other employee of the municipality except
those appointed as identifying officers: Provided that if a Polling Officer is absent from the polling station,
the Presiding Officer may appoint any person who is present at the polling station other than a person who
has been employed by or on behalf of or has been otherwise working for a candidate in or about the
election to be the Polling Officer during the absence of the former officer and inform the Election Officer
accordingly: Provided further that nothing in this sub-rule shall prevent the Election Officer from
appointing the same person to be Presiding Officer for more than one polling station in the same premises.
(2) A Polling Officer shall, if so directed by the Presiding Officer perform all or any of the functions of a
Presiding Officer under these rules or any rules or orders made thereunder.
(3) If the Presiding Officer owing to illness or other unavoidable cause, is obliged to absent himself from
the polling station, his functions shall be performed by such polling officer as has been previously
authorised by the Election Officer to perform such functions during any such absence.
(4) The Presiding Officer shall keep order at the polling station, shall see that the election is fairly
conducted, shall regulate the number of electors to be admitted at one time and shall exclude all other
persons except:
(a) the candidates and at each booth one agent of each candidate at a time hereinafter referred to as the
polling agent;
(b) the police or other public servants on duty;
(c) his own Polling Officers and such persons as the Presiding Officer may from time to time admit for the
purpose of identifying electors;
(d) a child in arms accompanying a voter; and
(e) the companions of blind and infirm voters who cannot move without help.
(5)
(a) Where a woman elector cannot be identified by the identification officers appointed under sub rule (1)
by reason of her observing purdah she may be required to be identified by any of her near relatives unless
she otherwise satisfies the Presiding Officer of her identity.
(b) If any question arises as to whether a person is or is not a near relative within the meaning of clause (a)
above, it shall be decided by the Presiding Officer and his decision shall be final.
(6) It shall be the duty of every Polling Officer provided by the Election Officer at a polling station/booth
to assist the Presiding Officer for such station/ booth in the performance of his functions.
Rule 31
Each polling station, and where a polling station has more than one polling booth, each such booth, shall
contain a separate compartment in which electors can record their votes screened from observation. As far
as possible, separate compartments and separate entrances and exits shall, where action is not taken under
Rule 32, be provided for women electors.
Rule 32 Separate Polling Station for women
Notwithstanding anything herein before contained, the Election Officer may, at his discretion, if a
sufficient number of women suitable and willing to act as polling officers are available, provide a separate
polling station for taking the votes of the women electors for any polling area or make such other
arrangements as may be necessary to ensure the privacy of such electors.
Rule 33 Arrangements at the polling station where ballot boxes are used
The Election Officer shall provide at each polling station sufficient number of ballot boxes together with
copies of the electoral roll or such part thereof as contains the names of the electors entitled to vote at the
station and such other papers, and articles necessary for electors to mark the ballot papers, stationery and
forms, as may be necessary. He shall further display in bold and clear manner the name of each candidate,
the serial number and the symbol assigned to him and the seat for which the election is held. The Election
Officer shall also display a notice specifying the polling area, the electors of which are entitled to vote at
that polling station.
Rule 34 Paper seal
(1) Where a paper seal is used for securing a ballot box the Presiding Officer shall affix his own signature
on the paper seal and obtain thereon the signatures of such of the candidates or their polling agents present
as are desirous of affixing the same.
(2) The Presiding Officer shall thereafter fix the paper seal so signed in the space meant therefor in the
ballot box and shall then secure and seal the box in such manner that the slit for the insertion of ballot paper
there into remains open.
(3) The seals used for securing a ballot box shall be affixed in such manner that after the box has been
closed, it is not possible to open it without breaking the seal.
(4) Where it is not necessary to use paper seals for securing the ballot boxes, the Presiding Officer shall
secure and seal the ballot box in such manner that the slit for the insertion of ballot paper remains open and
shall allow the polling agents present to affix, if they so desire, their seals.
(5) Every ballot box used at a polling station shall bear labels, both inside and outside, marked within:
(a) the serial number, if any, and name of the ward;
(b) the serial number and name of the polling station;
(c) the serial number of the ballot box (to be filled in at the end of the poll on the label outside the ballot
box only); and (d) the date of poll;
(6) Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to the
polling agents and other persons present that the ballot box is empty and bears the labels referred to in sub-
rule (5).
(7) The ballot box shall then be closed, sealed and secured and placed in full view of the Presiding Officer
and the polling agents.
(8) Before the polling station is opened for the recording of the votes the Presiding Officer shall read to
such persons as may be present the provisions of Section 343-F of the Act, and shall explain the substance
thereof in the main language of the district.
Rule 35 Demonstration of the Marked copy of the electoral role
Immediately before the commencement of the poll, the Presiding Officer shall also demonstrate to the
Polling Agents and others present that the marked copy of the electoral roll to be used during the poll does
not contain:
(a) any entry other than that made in pursuance of Rules 22, 23, 24 and 48: and
(b) any mark other than the mark made in pursuance of those rules.
Rule 36 Manner of Voting
(1) The manner of voting shall be by way of marking system. Every ballot paper shall be in such Form and
in such colour as may be specified by the State Election Commission. The ballot paper shall contain the
number of the candidates in serial order their names against the serial number and the symbols assigned to
them.
Rule 37 Distinguishing Mark
Before a ballot paper is issued to an elector the ballot paper and the counterfoil attached thereto, shall be
stamped on the back with such distinguishing mark as the Election Authority may direct and every ballot
paper before it is issued shall be signed in full on its back by the Presiding Officer.
Rule 38 Issuing of ballot paper
(1) Every elector who seeks a ballot paper for the purpose of voting at a polling station shall before
receiving such paper, allow;
(a) the Inspection of his left fore-finger by the polling officer; and
(b) and Indelible ink mark to be put on his left fore-finger.
(2) If any such elector
(a) refuses to allow such Inspection of his left fore-finger; or
(b) refuses to allow an indelible ink mark to be put on his left forefinger; or
(c) refuses to put his signature or thumb impression on the counterfoil; or
(d) does any act in order to remove any such mark after it has been put he shall not be entitled to be
supplied with any ballot paper or to record his vote at the election.
(3) No person who already has such a mark on his left fore-finger at the time he enters the polling station
shall be supplied with any ballot paper.
(4) Any reference in this rule to the left fore-finger of an elector shall, in the case where the elector has no
left forefinger be construed as a reference to another finger of his left hand and shall in the case where there
are no fingers on his left hand be construed as a reference to the fore finger or any other finger on his right
hand and shall in the case where he has no finger on both the hands be construed as a reference to such
extremity of his right or left arm as he possesses.
(5) The Polling Officer shall, at the time of delivery of the ballot paper to an elector underline the entry of
the voter in the marked copy of the electoral roll in his possession to denote that such voter has received a
ballot paper.
(6) In deciding the right of a person to obtain a ballot paper under this rule, the Presiding Officer at any
polling station may inspect the entry in the electoral roll so as to overlook merely clerical or printing errors,
provided that he is satisfied that such person is identical with the voter to whom such entry relates.
Rule 39 Recording of entries on the counterfoil
Immediately before any ballot paper is delivered to an elector
(a) the number, name and description of the elector as stated in the electoral roll shall be called out; and
(b) the Polling Officer shall record the Part No. and Serial No. of the voter as entered in the marked copy of
the electoral roll on the Counterfoil of the ballot paper and obtain his signature or thumb impression
thereon.
Rule 40 Marking on ballot paper
An elector shall be given only one ballot paper and the Presiding Officer or the Polling Officer shall
explain to the elector that the elector shall mark on the ballot paper with the instrument supplied for the
purpose on or near the symbol of the candidate for whom he intends to vote.
Rule 41 Voting Procedure
(1) The Elector on receiving the ballot paper shall for thwith-
(a) proceed to one of the voting compartments;
(b) there make a mark on the ballot paper with the instrument supplied for the purpose on or near the
symbol of the candidate for whom he Intends to vote;
(c) fold the ballot papers so as to conceal his vote;
(d) if required, to show to the Presiding Officer the distinguishing mark on the ballot paper;
(e) Insert the folded ballot paper into the ballot box; and
(f) quit the polling station;
(2) Every elector shall vote without undue delay;
(3) No elector shall be allowed to enter a voting compartment when another elector is inside it.
(4) Every elector to whom a ballot paper has been issued under these rules, shall maintain secrecy of voting
within polling station and for the purpose observe the voting procedure hereinafter laid down.
(5) If an elector to whom a ballot paper has been issued, refuses after warning given by the Presiding
Officer, to observe the procedure as laid down in Sub-rules (1) and (2) the ballot paper issued to him shall
whether he has recorded his vote thereon or not, be taken back from him by the Presiding Officer or a
Polling Officer under the direction of the Presiding Officer.
(6) After the ballot paper has been taken back, the Presiding Officer shall record on its back the words
"cancelled Voting procedure violated." and put his signature below those words.
(7) All the ballot papers on which the words "Cancelled - voting procedure violated" are recorded, shall be
kept in a separate cover which shall bear on its face the words "ballot papers voting procedure violated."
(8) Without prejudice to any other penalty to which an elector, from whom a ballot paper has been taken
back under sub-rule (5) may be liable, the vote, if any recorded on such ballot papex shall not be counted.
Rule 42 Blind and infirm voters
(1) If the Presiding Officer is satisfied that owing to blindness or other physical infirmity, an elector is
unable to recognise the symbols on ballot paper or to make a mark thereon without assistance, the Presiding
Officer shall permit the elector to take with him a companion of the age of not less than eighteen years to
the voting compartment for recording vote on the ballot paper on his behalf and in accordance with his
wishes and if necessary, for folding the ballot paper so as to conceal the vote and insert it into the ballot
box:
Provided that no person shall be permitted to act as the companion of more than one elector at any polling
booth on the same day:
Provided further that when any person is permitted to act as the companion of the elector on any day under
this rule, the person shall be required to declare that he shall keep secret the vote recorded by him on behalf
of the elector and that he has not already acted as the companion of any other elector at any polling booth
on that day.
(2) The Presiding Officer, shall keep declarations in Form XIV and the list in Form XV in sealed covers
and send them to the Election Officer along with the other covers.
Rule 43 Facilities for woman electors
(1) Where a polling station is for both men and women electors, the President Officer may direct that they
shall be admitted into the polling station alternately in separate batches.
(2) The Election Officer or the Presiding Officer may appoint a woman to serve as an attendant at any
polling station to assist women electors and also to assist the presiding officer generally in taking the poll in
respect of women electors, and in particular, to help frisking any woman elector in case it becomes
necessary.
Rule 44 Verification of genuineness of voters
(1) When a person presents himself to vote before a ballot paper is supplied to him, the Presiding Officer
may of his own accord and shall, if so required by a candidate or polling agent, put to such person either or
both of the following questions,-
(i) Are you the person enrolled as shown in the entry in the roll?
(ii) Have you already voted at the present election at this polling station or at any other polling stations; and
the person shall not be supplied with a ballot paper unless he gives an unqualified answer to the first
question in the affirmative and the second in the negative; except as mentioned herein and subject to the
provision of Section 11 of the Act, every person whose name is found on the electoral roll shall be entitled
to be supplied with a ballot paper. Identification of electors:
(2) Where the electors have been supplied with identity cards under the provisions of the registration of
Electors Rules 1960 issued under Representation of People Act, 1951, the elector shall produce his identity
card before the Presiding Officer or the Polling Officer authorised by him in this behalf. Where such
identity card are not issued, each elector shall establish his identity by providing any such documents as are
specified, by order, by the State Election Commission.
(3) No person shall vote at an election in more than one ward and if a person votes in more than one such
ward, his votes in all such wards shall be void.
(4) No person shall, at any election, vote in the same ward more than once, notwithstanding that his name
may have been registered in the electoral roll for that ward more than once, and if he does so, all his votes
in that ward shall be void.
(5) No person shall vote at any election if he is confined in prison whether under a sentence of
imprisonment or otherwise in the lawful custody of the police: Provided that nothing in this sub-rule shall
apply to a person subjected to preventive detention under any law for the time being in force.
Rule 45 Tendered vote
If a person representing himself to be a particular elector seeks to vote after another person has already
voted as such elector, he shall on satisfactorily answering such questions relating to his identity as the
Presiding Officer may ask, be entitled, subject to the following provisions of this rule, to mark a ballot
paper hereinafter in these rules referred to as tendered ballot paper in the same manner as any other elector.
(1) Every such person shall, before being supplied with a tendered ballot paper sign his name against the
entry relating to him in a list in Form XVI.
(2) A tendered ballot paper shall be the same as the other ballot papers used at the polling except that it
shall be
(a) serially the last in the bundle of ballot papers issued for use at the polling station; and
(b) endorsed on the back of the ballot paper and its counterfoil with the words "tendered ballot paper" by
the Presiding Officer in his own hand duly signed by him.
(3) The elector, after marking a tender ballot paper in the voting compartment and folding it, shall, instead
of putting it into the ballot box, give it to the Presiding Officer, who shall place it in a cover specially kept
for the purpose.
Rule 46 Challenging of Identity
(1) Any polling agent may challenge the identity of a person claiming to be a particular elector by first
depositing a sum of five rupees in cash with the Presiding Officer for each such challenge.
(2) On such deposit being made, the Presiding Officer shall
(a) warn the person challenged of the penalty for personation;
(b) read the relevant entry in the electoral roll in full and ask him whether he is the person referred to in that
entry;
(c) enter his name and address in the list of challenged votes in Form XVII; and
(d) require him to affix his signature in the said list.
(3) The Presiding Officer shall thereafter hold a summary inquiry into the challenge and may for that
purpose:
(a) require the challenger to advice evidence in proof of the challenge and the person challenged to advice
evidence of proof of his identity;
(b) put to the person challenged any questions necessary for the purpose of establishing his identity and
required him to answer them on other; and
(c) administer an oath to the person challenged and any other person offering to give evidence.
(4) If, after the inquiry, the Presiding Officer considers that the challenge has not been established he shall
allow the person challenged to vote; and if he considers that the challenge has been established, he shall
debar the person challenged from voting.
(5) If the Presiding Officer is of the opinion that the challenge is frivolous or has not been made a good
faith, he shall direct that the deposit made under sub-rule (1) be forfeited to the municipality and in any
other case, return to the challenger at the conclusion of the inquiry.
Rule 47 Spoilt ballot paper
(1) An elector who has inadvertently dealt with his ballot paper in such a manner that it cannot be
conveniently used as a ballot paper may on returning it to the presiding officer and satisfying him of the
inadvertance, obtain another ballot paper in place of the spoilt one, the spoilt one being marked as "Spoilt:
Cancelled" by the Presiding Officer.
(2) If an elector, after obtaining ballot paper decides not to use it, he shall return it to the Presiding Officer,
and the ballot paper and the counterfoil thereof shall be marked as Returned: Cancelled" by the Presiding
Officer.
(3) All ballot papers cancelled under sub-rule (1) and sub-rule (2) shall be kept in a separate packet.
Rule 48 Public servants on election duty
(1) A Presiding Officer, Polling Officer, or other public servant, who being entitled to vote in the ward, if
duly appointed or authorised for duty at a poling station at which he is not ordinarily entitled to record his
vote, may apply to the Election Officer concerned for a certificate entitling him to record his vote at the
polling station where he is employed The said certificate shall be in Form XVIII.
(2) If a Presiding Officer Polling Officer or other public servant, is on duty at a polling station not relating
to the ward in which he is entitled to record his vote the election officer shall in addition to the certificate
mentioned above, furnish the Presiding Officer concerned with particulars regarding the names of and
serial number and symbols assigned to the candidates, standing for election in that ward, together with a
ballot paper relating to such ward and an envelope
(3) The Election Officer shall in either case immediately send a copy of the certificate to the Presiding
Officer of the polling station at which the person, to whom the certificate is issued is ordinarily entitled to
record his vote,
(4) A person in possession of a certificate in the form prescribed in sub-rule (1) shall deliver the certificate
to the Presiding Officer who shall thereupon issue to the person, a ballot paper in the same manner as to
any other elector. Such ballot paper shall be dealt with in the following manner;
(i) if the polling station at which the person is on duty relates to the ward in which he is entitled to vote,
then the provisions contained in Rules 40 and 41 shall apply. The Presiding Officer shall at the end of the
poll send the certificate to the Election Officer along with the statement mentioned in sub-rule (5) of Rule
52
(ii) if he polling station at which the person is on duty is not in the ward in which he is entitled to vote, the
Presiding Officer shall issue the ballot paper with instructions similar to those contained in sub-rule (2).
The person shall proceed into the polling compartment and mark the ballot paper and place in an envelope
He shall then stick the envelope and hand over the cover the Presiding Officer. The presiding Officer shall
make up into separate packets for each ward, the covers in which votes have been so recorded the
connected certificate being fastened to the covers, seal up each such packet in the manner specified in Rule
52 and forward the same to the election officer.
Rule 49 Adjournment of poll in emergencies
(1)
(a) Where the poll is adjourned under Section 343 U of the Act, the fact that the poll has been so stopped
shall be immediately be announced by the Presiding Officer to the persons present at the polling station.
(b) If the Presiding Officer considers it necessary to stop polling for a short interval due to heavy rain or
dislocation of work in the polling station for some reason or other or due to disturbance of peace in the
neighborhood of the polling station, he can do so by informing the public to that effect under intimation to
the Election Officer. In such an event, the poll can be resumed and continued beyond the period fixed for
the poll to the extent of the time for which the poll was stopped.
(2) Where a Presiding Officer stops a poll under sub-rule (1)(a), he shall observe the procedure laid down
in Rule 52 and make a full report of the circumstances to the Election Officer who shall forward the same
expeditiously with his remarks thereon, to the State Election Commission through the Election Authority.
(3) The State Election Commission shall thereupon order
(a) that the poll be continued at the polling station for the number of hours for which it was not held on the
previous occasion provided that not less than 50% of the voters had cast their votes; or
(b) that the proceedings at the poll held at the polling station on the previous occasion be ignored and that a
fresh poll be held at such polling station for the full number of hours for which it should have been held on
the previous occasion.
(4) Any order passed under sub-rule (3) shall state
(i) the date on which and the hours between which the continuation poll or the fresh poll, as the case may
be, shall be held; and
(ii) the date on which and the place and hour at which the Election Officer will commence the counting of
the votes under Rule 54; and
(5)
(a) where an order is passed under Clause (a) of sub-rule (3) for the continuation of the poll, the Election
Officer shall proceed afresh under sub-rule (1) of Rule 30 and return to the Presiding Officer appointed
under that sub-rule, all the packets received by him under sub-rule (2) of this rule.
(b) the Presiding Officer shall open the packets just before the commencement of the continuation poll in
the presence of such persons as may be present at the polling station and commence such poll precisely at
the hour fixed therefor in the order passed by the State Election Commission under clause (a) of sub-rule
(3).
(c) at the continuation poll, the Presiding Officer shall allow only such electors to vote who did not vote on
the previous occasion.
(6) Where an order is passed under clause (b) of sub-rule (3) for holding a fresh poll, the Election Officer
shall proceed afresh under sub-rule (1) of Rule 30 and a fresh poll shall be held at the polling station
concerned in accordance with the provisions of these rules in all respects as if it were being held at such
polling station for the first time.
Explanation: There shall be no fresh nominations in cases falling under this sub-rule.
(7) Notwithstanding anything contained in this rule, if a candidate belonging to a recognised political party
or a registered political party to which a symbol, if any, is reserved, dies at any time before orders are
passed by the State Election Commission under sub-rule (3) or at any time after the passing of such orders
but before the commencement of continuation poll or of the fresh poll, as the case may be, the Election
Officer shall upon being satisfied of the fact of the death of the candidate, intimate such fact to the State
Election Commission through the Election Authority and stop all further proceedings in connection with
the election and start election proceedings afresh in all respects as if for a new election to the seat
concerned: Provided that no fresh nomination shall be necessary in the case of the remaining candidates
who stood nominated at the time when poll was stopped.
Rule 50 Fresh poll in case of destruction of ballot box
If at any election, a ballot box is unlawfully taken out of the custody of the Election Officer or the
Presiding Officer and is in any way damaged or tampered with or is either accidentally or intentionally
destroyed or lost, the procedure prescribed in Section 343-V of the Act shall be followed.
Rule 51 Adjournment of poll etc., on the ground of booth capturing
Where booth capturing taken place the procedure prescribed in Section 343-W of the Act shall be followed.
Rule 52 Closure of poll
(1) The Presiding Officer shall close the polling station at the hour appointed for closing under Rule 6 or
sub-rule {1) (b) of Rule 49 and shall not thereafter admit any elector into the polling station: Provided that
all electors present at the polling station before it is closed shall be allowed to cast their votes.
(2) If any question arises as to whether any elector shall, for the purpose of the proviso to sub-rule (1) be
deemed to be present within the polling station before it is closed, it shall be decided by the Presiding
Officer whose decision shall be final.
(3) The Presiding Officer of each polling station, as soon as practicable after the close of the poll, shall
close the slit of the ballot ox and where the box does not contain any mechanical device for closing the slit,
he shall seal up the slit and also allow any polling agent present to put his seal. The ballot box shall
thereafter be sealed and secured.
(4) The Presiding Officer of each polling station as soon as practicable after the close of the poll shall, in
the presence of any candidate, polling agent or election agent, who may be present, make up into separate
packets the following items, and seal them with his own seal and the seals of such candidates or agents as
may desire to affix their seals:
(i) the tendered ballot papers;
(ii) tne unused ballot papers with counterfoil or foils;
(iii) the counterfoils of issued ballot papers Including tendered ballot papers;
(iv) the spoilt ballot papers;
(v) the marked copy of the electoral roll;
(vi) the tendered votes list;
(vii) the list of challenged votes;
(viii) the covers referred to in clause (ii) of sub-rule (4) of Rule 48; and
(ix) any other paper directed by the State Election Commission to be kept in a sealed packet/cover.
(5) Each packet shall be numbered and shall bear a note as to its contents the name of the polling station
and name and number of the ward.
Rule 53 Account of ballot paper
(1) The Presiding Officer shall at the close of the poll prepare a ballot paper account in Form XIX and
enclose it in a separate cover with the words "Ballot Paper Account" superscribed thereon.
(2) The Presiding Officer shall furnish to every polling agent present at the close of the poll a true copy of
the entries made in the ballot paper account after obtaining a receipt from the said polling agent therefor
and shall also attest it as a true copy.
Rule 54 Delivery of ballot boxes
(1) The Presiding Officer shall then as soon as may be delivered the ballot boxes and all such packets and
papers used at the polling station or cause them to be delivered to the Election Officer at such places as he
may direct.
(2) The Election Officer shall make adequate arrangements for the safe transport of all ballot boxes,
packets and other papers referred to in this rule from polling stations and for their safe custody until the
commencement of this counting of votes.
Rule 55 Counting of votes
(1) The counting of votes shall commence on the day and at the place and hour appointed in that behalf.
The postal ballot papers shall be counted first. Votes shall be counted by or under the supervision of the
Election Officer. Each candidate, the election agent and the counting agent of each candidate shall have a
right to be present at the time of counting. No other person shall be allowed to be present except such
person as the Election Officer may appoint to assist him in counting votes and no person shall be appointed
to assist in counting votes who has been employed by or on behalf of any candidate for any purpose
whatsoever connected with the election.
(2) The Election Officer shall, before he commences to count the votes read out the provisions of Section
343-F of the Act to such person as may be present and shall then count and check all the ballot boxes
placed for the counting of votes and satisfy himself that all such ballot boxes as contain the ballot papers
which are to be counted at such place have been received and accounted for.
(3) The Election Officer shall allow, the candidates and their election agents and counting agents present at
the counting, reasonable opportunities to inspect the ballot boxes and their seals for satisfying themselves
that they are in order.
(4) If any ballot box is found by the Election Officer to have been tampered or interfered with or destroyed
or lost, or if at any time, before counting of votes is completed and ballot papers used at a polling station or
at a place fixed for the poll are unlawfully taken out of the custody of the Election 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 or place cannot be ascertained, the Election Officer shall follow the
procedure laid down in Section 343-X of the Act.
(5) The ballot boxes relating to all polling stations in a ward and all envelopes pertaining thereto enclosed
which may have been received shall be opened one after another according to the serial number of the
polling stations. The Election Officer shall take out the ballot papers from all the ballot boxes. The ballot
papers so taken out shall be mixed, counted and record the total number of votes secured by the candidate
concerned in a statement.
(6) The Election Officer shall allow the candidates and their agents reasonable opportunities to inspect
without handling, all ballot papers which in his opinion are liable to be rejected. He shall endorse the word
'rejected on every ballot paper which is rejected. If any candidate or agent present questions the correctness
of the rejection, he shall also record on the ballot papers the grounds for the rejection.
(7) The Election Officer shall, as far as practicable, proceed continuously with the counting of the votes
and shall, during any necessary intervals during which the counting has to be suspended, place the ballot
papers, packets and other documents relating to the election under his own seal and the seals of such
candidates or agents as may desire to affix them and shall cause adequate precautions to be taken for their
custody.
Rule 56 Grounds for rejection of ballot papers
(I) The Election Officer shall reject a ballot paper, -
(a) if it bears any mark or writing by which the elector can be identified or
(B) if it bears no mark at all or, to indicate the vote, it bears a mark elsewhere than on or near the symbol of
one of the candidates on the face pf the ballot paper or, it bears a mark made otherwise than with the
instrument supplied for the purpose, or
(c) if votes are given on it in favour of more than one candidates, or
(d) if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which
candidate the vote has been given, or
(e) if it is a spurious ballot paper, or
(f) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established, or
(g) if it bears a serial number, or is of a design, different from the serial numbers, or, as the case may be,
design, of the ballot papers authorised for use at the particular polling station, or
(h) if it does not bear both the mark and the signature which it should have borne under the provisions of
Rule 37.
Provided that where the Election Officer is satisfied that any such defect as is mentioned in clause (g) or
clause (h) has been caused by any mistake or failure on the part of a Presiding Officer or Polling Officer,
the ballot paper shall not be rejected merely on the ground of such defect.
Provided further that a ballot paper shall not be rejected merely on the ground that the mark indicating the
vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate
clearly appears from the way the paper is marked.
(2) Before rejecting any ballot paper under sub-rule (1), the Election Officer shall allow candidates and
their counting agents present a reasonable opportunity to inspect the ballot paper but shall not allow them
to handle it or any other ballot paper.
(3) The Election Officer shall endorse on every ballot paper which he rejects the word "rejected" and the
grounds of rejection in abbreviated form either in his own hand or by means of a rubber stamp and shall
initial such endorsement.
(4) All ballot papers rejected under this rule shall be bundled together.
(5) Every ballot paper which is not rejected under this rule shall be counted as one valid vote.
Provided that no cover containing tendered ballot papers shall be opened and no such paper shall be
counted.
(a) the mark is set opposite the name of more than one candidate or is so placed as to render it doubtful to
which candidate it is intended to apply; or
(b) the mark and some other figures or set opposite the name of the same candidate; or
(c) it bears any mark of writing by which the elector can be identified or
(d) is a spurious one; or
(e) it is so damaged or mutilated that its identity as a genuine ballot paper cannot be identified or
(f) bears the marks belonging to a ward different from that of the ballot box in which it is found; Provided
that a ballot paper shall not be rejected under Clause (e) if the Election Officer is satisfied beyond
reasonable doubt that the ballot paper was the one issued by the Presiding Officer of the polling station
concerned.
(6) A postal ballot paper shall be rejected if it is not duly marked, or on which
(a) more than one mark is placed against any candidate's name; or
(b) the mark is set opposite the name of more than one candidate or is so placed as to render it doubtful to
which candidate intended to apply; or
(c) a mark is placed in such a manner as to make it doubtful to which candidate it has been given; or
(d) the signature of the voter is not duly attested.
Rule 57 Recounting of Votes
(1) After the completion of the counting, the Election Officer shall make entries in the result sheet in Form
XX (Part-I) and announce the particulars. After such announcement has been made, a candidate or in his
absence his election agent or any of his counting agents may apply in writing to the Election Officer for
recounting of voters either wholly or in part stating the grounds on which he demands such recount.
(2) On such an application being made, the Election Officer shall decide the matter and may allow the
application in whole or in part or may reject in toto if it appears to him to be frivolous or unreasonable.
(3) Every decision of Election Officer under sub-rule (2) shall be in writing and contain the reasons
therefor.
(4) If the Election Officer decides under sub-rule (2) to allow a recount of votes either wholly or in part he
shall
(a) arrange for recounting of votes in accordance with Rule 55;
(b) amend the result sheet in Form XX (Part-I) to the extent necessary after such recount.
(c) announce the amendments so made by him.
(5) After the total number of votes polled by each candidate has been announced under sub-rule (4) the
Election Officer shall complete and sign the result sheet in Form XX (Part-I) and no application for further
or second recounting shall be entertained thereafter.
(6) Any candidate or his agent shall on application be permitted to take a copy of an extract from the result
sheet in From XX (Part I).
Rule 58 Declaration of result of election
(1) After the Election Officer has completed the scrutiny and counting of votes, he shall prepare a return of
the results of the polling in Form XX (Part I) and shall subject to the provisions of Rule 60 declare that the
candidate who has secured the largest number of valid votes has been duly elected.
(2) Any candidate or his agent shall, on application be permitted to take a copy of an extract from the return
in the said Form XX.
Rule 59 Sealing of election papers
(1) The Election Officer shall not open the sealed packets containing tendered ballot papers and the marked
copy of the elector roll. He shall verify the statement submitted by the Presiding Officer under sub-rule (1)
of Rule 53 by comparing it with the number of accepted ballot papers, rejected ballot papers and unused
ballot papers in his possession.
(2) The Election Officer shall then make up into separate bundles in respect of each candidate-
(i) such of the ballot papers as have been accepted as valid; and
(ii) the remaining ballot papers which have been rejected as invalid. He shall then make up both the
bundles into one packet and seal the packet with his own seal. He shall also reclose and reseal each of the
other packets which were opened by him and record on each such packet a description of its contents.
Rule 60 Disposal of Ballot Papers
(1) In case the Municipal Commissioner is not Election Officer, the Election Officer shall after declaring
the results, forward a copy of the return to the Commissioner of the Municipality concerned and shall hand
over to the Officer authorised by the Election Authority the packets of the ballot papers whether counted,
rejected or tendered and the counterfoils of the used ballot papers. These packets shall not be opened and
their contents shall not be inspected or produced except under the orders of election tribunal or other
competent Court.
(2) The Officer so authorised shall retain the packets and the marked copies of the electoral roll for a year
and shall then, unless otherwise directed by the orders of an election tribunal or other competent Court,
cause them to be destroyed.
Rule 61 GENERAL
(1) If any person has been elected for more wards then one, he shall by notice in writing signed by him
intimate to the Election Officer, the ward for which he chooses to serve. Such intimation shall reach the
Election Officer within seventy-two hours of the declaration of the results of elections in the last ward for
which such person stood as a candidate.
(2) On receipt of the intimation, the Election Officer shall declare the said person to have been elected for
the ward chosen by him. In default of such intimation, the Election Officer shall declare him to have been
elected for any one of the wards. In either case, election proceedings shall be started afresh by the State
Election Commission for filling up the resultant vacancy.
Rule 62 Equality of votes
If there is an equality of votes between any two or more candidates, the Election Officer, shall, after notice
to the candidates concerned decide by drawing lots which candidate or candidates he shall declare to have
been elected. The Election Officer, shall permit the contesting candidates if the so desire, to sign on the
chits before drawing lots.
Rule 63 Publication of results
(1) The name or names of the candidate or candidates duly elected shall be forwarded without delay by the
Election Officer to the Director of Printing and Stationery, Government Central Press Hyderabad for
publication in the Andhra Pradesh Gazette and shall also be published on the notice board of the Municipal
Office.
(2) The Election Officer shall send a list of elected candidates to the State Election Commission, the
Election Authority and the Collector concerned and also to the Revenue Divisional Officer concerned.
Rule 64 Date of election
For the purpose of the Andhra Pradesh Municipalities Act, 1965 the date on which a candidate is declared
by the Election Officer under these rules to have been elected to a municipal council shall be the date of
election of the candidate irrespective of the date of publication of the result in the Gazette.
Rule 65 Interpretation of Rules
(1) If any question arises as to the interpretation of these rules otherwise than in connection with an enquiry
held under the rules for the decision of disputes as to the validity of an election the question shall be
referred to the State Election Commission whose decision shall be final:
Provided that the State Election Commission shall not entertain any petition relating to irregularities that
arise from the time of calling for nominations and till the declaration of results. Such cases shall be decided
by the Election Tribunal.
(2) Pending the decision of the State Election Commission on any such reference made to them or the issue
of final orders on any enquiry which the State Election Commission may institute upon receipt of
information that an election is being or about to be held in contravention of the rules it shall be lawful for
the State Election Commission to direct the stay of the election proceedings at any stage thereof prior to the
declaration of the results. Any election held on continued in contravention of the orders of the State
Election Commission under this rule shall be void and of no effect whatsoever.
(3) Unless it is otherwise ordered by the State Election Commission election proceedings stayed under this
rule shall on cancellation of the stay order, proceed from the stage at which they were stayed on fresh dates
to be fixed.
(4) If any difficulty arises as to the holding of any election under these rules, the State Election
Commission may, by order, do anything not inconsistent with these rules which appears to them necessary
for the proper holding of the election.
Rule 66 Special schedule in certain cases
Notwithstanding anything contained in the foregoing rules, the State Election Commission may, for special
reasons fix dates and periods other than those specified or fixed by or under these rules for all or any of the
stages of the election proceedings connected therewith an the Election Authority and Election Offices shall
give effect to the same.
Rule 67 Maximum election expenses
(1) No expenses, exceeding such amount, as may be specified by the State Election Commission, by
notification, from time to time, shall be incurred or authorised to be incurred by a contesting candidate or
his election agent, if any, or on account of or in connection with the conduct and management of an
election to the Office of Member of award.
(2) Every candidate at an election shall, either by himself or by his election agent, keep a separate and
correct day to day account of all expenditure in connection with election, incurred or authorised to be
incurred by him, or by his election agent between the date on which he has been nominated and the date of
declaration of the result thereof, both dates inclusive.
(3) It shall be competent for the State Election Commission to issue such instructions, as they may deem
necessary for the purposes of carrying out the provisions of sub-rules (1) and (2).
CHAPTER 3 Voting by Electronic Voting Machines
Rule 68 Design of Voting Machine
Every electronic Voting Machine (hereinafter referred to as the Voting machine) shall have a Control Unit
and a Balloting Unit and shall be of such designs as may be approved by the State Election Commission.
Rule 69 Preparation of Voting Machine by the Election Officer
(1) One Voting Machine shall be used for Election to the Office of Ward Member.
(2) The Balloting Unit of the voting machine shall contain such particulars in such language or languages
as the State Election Commission may specify.
(3) The names of the candidates shall be arranged on the Balloting Unit in the same order in which they
appear in the list of the contesting candidates.
(4) If two or more candidates bear the same name they shall be distinguished by the addition of their
occupation or residence or in some other manner.
(5) Subject to the foregoing provisions of the Rule, the Election Officer shall;
(a) fix the label containing the names and symbols of the contesting candidates in the Balloting Unit and
secure that unit with his seal and the seals of such of the contesting candidates or their election agents
present as are desirous of affixing the same.
(b) Set the number of contesting candidates and close the candidate set section in the control unit and
secure it with his seal and the seals of such of the contesting candidates or their election agents present as
are desirous of affixing the same.
Rule 70 Arrangements at the Polling Stations
(1) Outside each polling station there shall be displayed prominently, -
(a) a notice specifying the polling area, the electors of which are entitled to vote at the polling station and,
when the polling area has more than one polling station, the particulars of the elector so entitled; and
(b) a copy of the list of contesting candidates.
(2) At each polling station there shall be set up one or more voting compartments in which the electors can
record their votes free from observation.
(3) The Election Officer shall provide at each polling station one voting machine and copies of relevant
part of the electoral roll and such other election material as may be necessary for taking the poll.
Rule 71 Admission to Polling Station
The provisions of sub-rule (4) of Rule 30 shall apply to regulate the entry of electors and other persons
inside the polling station.
Rule 72 Preparation of voting machine for poll
(1) The control unit and balloting unit of every voting machine used at a polling station shall bear a lable
marked with:
(a) the serial number and the name of the ward
(b) the serial number and the name of the polling station;
(c) the serial number of the unit; and
(d) the date of poll.
(2) Immediately before the commencement of the poll, the presiding officer shall demonstrate to the polling
agents and other persons present that no vote has been already recorded in the voting machine and it bears
the label referred to in sub-rule (4).
(3) A paper seal shall be used for securing the control unit of the voting machine, and the presiding officer
shall affix his own signature on the paper seal and obtain thereon the signature of such of the polling agents
present as are desirous of affixing the same.
(4) The presiding officer shall thereafter fix the paper seal so signed in the space meant therefor in the
control unit of the voting machine and shall secure and seal the same.
(5) The seal used for securing the control unit shall be fixed in such manner that after the unit has been
sealed, it is not possible to press the "result button" without breaking the seal.
(6) The control unit shall be closed and secured and placed in full view of the presiding officer and the
polling agents and the balloting unit placed in the voting compartment.
Rule 73 Marked copy of electoral roll
Immediately before the commencement of the poll, the presiding officer shall also demonstrate to the
polling agents and others present, that the marked copy of the electoral roll to be used during the poll does
not contain any entry other than that made with regard to issue of postal ballot papers and election duty
certificates.
Rule 74 Facilities for Women electors
(1) Where a polling station is for both men and women electors, the presiding officer may direct that they
shall be admitted into the polling station alternately in separate batches.
(2) The Election Officer or the presiding officer may appoint a women to serve as an attendant at any
polling station to assist women electors and also to assist the presiding officer generally in taking the poll in
respect of women electors, and in particular, to help/ frisking any woman elector in case it becomes
necessary.
Rule 75 Identification of electors
(1) The presiding officer may employ at the polling station such persons, as he thinks fit to help
identification of the electors or to assist him otherwise in taking the poll.
(2) As each elector enters the polling station, the presiding officer/ or the polling officer authorised by him
in this behalf shall check the elector's name and other particulars with the relevant entry in the electoral roll
and then call out the serial number, name and other particulars of the elector.
(3) Where the electors have been supplied with identity cards under the provisions of the Registration of
Electors Rules, 1960 issued under Representation of People Act, 1951, the elector shall produce his identity
card before the presiding officer or the polling officer authorised by him in this behalf. Where such identity
cards are not issued, each elector shall establish his identity by producing any such documents as are
specified, by order, by the State Election Commission.
(4) In deciding the right ofaperson to cast his vote, the presiding officer or the polling officer, as the case
may be, shall over look the clerical or printing errors in an entry in the electoral roll if he is satisfied that
such person is identical with the elector to whom such entry relates.
Rule 76 Facilities for public servants on election duty
(1) The provisions of Rule 75 shall not apply to any person, who produces at the polling station an election
duty certificate issued by Election Officer and seeks permission to cast his vote at that polling station
although it is different from the one where he is entitled to vote.
(2) On production of such certificate, the presiding officer shall
(a) obtain thereon, the signature of the person producing it;
(b) have the person's name and electoral roll number as mentioned in the certificate entered at the end of
the marked copy of the electoral roll; and
(c) permit him to cast his vote in the same manner as for an elector entitled to vote at that polling station.
Rule 77 Challenging of Identity
Where the identity of an elector is challenged, the provision of Rule 46 shall apply.
Rule 78 Safeguard against personation
(1) Every elector about whose identity the presiding officer or the polling officer, as the case may be, is
satisfied, shall allow his left for finger to be inspected by the presiding officer or polling officer and an
indelible ink mark to be put on it.
(2) If any elector,
(a) refuse to allow his left forefinger to be inspected or marked in accordance with sub-rule (1) or has
already such a mark on his left forefinger or does any act with a view to removing the ink mark, or
(b) fails or refuses to produce his identity card as required by sub- rule (3) of Rule 75 he shall not be
allowed to vote.
(3) Any reference in this rule to the left forefinger of an elector shall, in the case where the elector has his
left forefinger missing, he construed as a reference to any other finger to his left hand and shall, in the case
where all the fingers of his left hand are missing, be construed as a reference to the forefinger or any other
finger of both the hands are missing be construed as a reference to such extremity of his left or night arms
as he possesses.
Rule 79 Procedure for voting by voting machines
(1) Before permitting an elector, to vote the polling officer shall
(a) record the electoral roll number of the elector as entered in the marked copy of the electoral roll in a
register of voters in Form XXI.
(b) Obtain the signature of the thumb impression of the elector on the said register of votes, and
(c) Mark the name of the elector in the marked copy of the electoral roll to indicate that he has been
allowed to vote.
Provided that no elector shall be allowed to vote unless he has affixed his signature or thumb impression on
the register of voters.
(2) It shall not be necessary for any presiding officer or polling officer or any other officer to attest the
thumb impression of the elector on the register of voters.
Rule 80 Maintenance of secrecy of voting by electors within the polling station and voting procedure
(1) Every elector who has been permitted to vote under Rule 79 shall maintain secrecy of voting within the
polling station and for that purpose observe the voting procedure hereinafter laid down.
(2) Immediately on being permitted to vote the elector shall proceed to the presiding officer or the polling
officer in-charge of the control unit of the voting machine who shall, by pressing the appropriate button on
the control unit, activate the balloting unit, for recording of elector's vote.
(3) The elector shall thereafter forthwith
(a) proceed to the voting compartment:
(b) record his vote by pressing the button on the balloting unit against the name and symbol of the
candidate for whom he intends to vote, and
(c) come out of the voting compartment and leave the polling station.
(4) Every elector shall vote without undue delay.
(5) No elector shall be allowed to enter the voting compartment when another elector is inside it.
(6) If an elector who has been permitted to vote under Rule 79 or Rule 83 refuses after warning given by
the presiding officer to observe the procedure laid down in sub-rule (3) of Rule 80 or sub- rule (3) of Rule
83, the presiding officer or a polling officer under the direction of the presiding officer shall not allow such
elector to vote.
(7) Where an elector is not allowed to vote under sub-rule (6), a remark to the effect that voting procedure
has been violated shall be made against the elector's name in the register of voters in Form XXI by the
presiding officer under his signature.
Rule 81 Recording of votes of blind or infirm electors
(1) If the presiding officer is satisfied that owing to blindness or other physical infirmities an elector is
unable to read the names or recognize the symbols on the balloting unit of the voting machine or unable to
record his vote by pressing the appropriate button thereon without assistance, the presiding officer shall
permit the elector to take with him a companion of not less than eighteen years off to the voting
compartment for recording the vote on this behalf and in accordance with his wishes
Provided that no person shall be permitted to act as the companion of more than one elector at any polling
station on the same day
Provided further that before any person is permitted to act as the companion of an elector on any day under
this rule that person shall be required to declare in Form XIV that he will keep secret the vote recorded by
him on behalf of the elector and that he has not already acted as the companion of any other elector at any
other polling station on that day.
(2) The presiding officer shall keep a record of all cases under this rule in Forms XIV and XV.
Rule 82 Elector deciding not to vote
If an elector after his electoral roll number has been entered in the register of voters in Form XXI and has
put his signature or thumb impression thereon as required under clause (b) sub-rule (1) of Rule 79, decided
not to record his vote a remark to this effect shall be made against the said entry in Form XXI by the
presiding officer and the signature or thumb impression of the elector shall be obtained against such
remark.
Rule 83 Tendered Votes
(1) If a person representing himself to be a particular elector seeks to vote after another person has already
voted as such elector, he shall, on satisfactory answering such questions relating to his identity as the
presiding officer may ask, be, instead of being allowed to vote through the balloting unit, supplied with a
tendered ballot paper which shall be such design and the particulars of which shall be in such language or
languages as the State Election Commissioner may specify.
(2) Every such elector shall before being supplied with tendered ballot paper affix his signature or thumb
impression against the entry relating to him n a list in Form XXII.
(3) On receiving the ballot paper he shall forthwith.
(a) proceed to the voting compartment:
(b) record there his vote on the ballot paper by placing a cross mark "X" with instrument or article supplied
for the purpose on or near the symbol of the candidate for whom he intends to vote.
(c) fold the ballot paper so as to conceal his vote,
(d) give it to the presiding officer who shall place it in a cover specially kept for the purpose, and
(e) leave the polling station.
(4) If owing to blindness or physical infirmities, such elector is unable to record his vote without assistance
the presiding officer shall permit him to take with him a companion, subject to the same conditions and
after following the same procedure as laid down in Rule 81 for recording the vote in accordance with his
wishes.
Rule 84 Presiding Officer's entry in the voting compartment during poll
(1) The presiding officer may whenever he considers it necessary to do so enter the voting compartment
during poll and take such steps as may be necessary to ensure that the balloting unit is not tempered or
interfered with in any way.
(2) If the presiding officer has reason to suspect that an elector who has entered the voting compartment is
tampering or otherwise interfering with the balloting unit or has remained inside the voting compartment
for unduly long period, he shall enter the voting compartment and take such steps as may be necessary to
ensure the smooth and orderly progress of the poll.
(3) Whenever the presiding officer enters the voting compartment under this rule, he shall permit the
polling agents present to accompany him if they so desire.
Rule 85 Closing of Poll
(1) The presiding officer shall close a polling station at the hour fixed in that behalf under Rule 6. Provided
that all electors present at the polling station before it is closed shall be allowed to cast their votes.
(2) If any question arises whether an elector was present at the polling station before it was closed it shall
be decided by the presiding officer and his decision shall be final.
Rule 86 Account of votes recorded
(1) The Presiding Officer shall at the close of the poll prepare an account of votes recorded in Form XXIII
and enclose it in a separate cover with the words "Account of Votes Recorded" superscribed thereon.
(2) The Presiding Officer shall furnish to every polling agent present at the close of the poll, a true copy of
the entries made in Form XXIII after obtaining a receipt from the said polling agent therefor and shall attest
it as a true copy.
Rule 87 Sealing of voting machine after poll
(1) As soon as practicable after the closing of the poll, the Presiding Officer shall close the control unit to
ensure that no further votes can be recorded and shall detach the balloting unit from control unit.
(2) The control unit and the balloting unit shall thereafter be sealed and secured separately in such manner
as the State Election Commission may direct and the seal used for securing them shall be so affixed that it
will not possible to open the units without breaking the seals.
(3) The polling agents present at the polling station, who desires to affix their seals, shall also be permitted
to do so.
Rule 88 Sealing of other packets
(1) The Presiding Officer shall then make into separate packets, -
(a) the marked copy of the electoral roll;
(b) the register of voters in Form XXI;
(c) the cover containing the tendered ballot papers and the list in Form XXII;
(d) the list of challenged votes; and
(e) any other papers directed by the State Election Commission to be kept in a sealed packet.
(2) Each packet shall be sealed with the seal of the Presiding Officer and with the seal either of the
candidate or of his election agent or of his polling agent who may be present at the polling station and may
desire to affix his seal thereon.
Rule 89 Transmission of voting machines, etc., to the Election Officer
(1) The Presiding Officer shall then deliver or cause to be delivered to the Election Officer at such place as
the Election Officer may direct:
(a) the voting machine;
(b) the account of votes recorded in Form XXIII;
(c) the sealed packets referred to in Rule 88 and
(d) all other papers used at the poll.
(2) The Election Officer shall make adequate arrangements for the safe transport of the voting machine,
packets and other papers for their safe custody until the commencement of the counting of votes.
Rule 90 Procedure on adjournment of poll
(1) If the poll at any polling stations is adjourned under Section 343-V of the Act, the provisions of Rules
86 to 89, shall, as far as practicable, apply as if the poll was closed at the hour fixed in that behalf
(2) When an adjourned poll is recommended under sub-section (2) of Section 243-V of the Act, the electors
who have already voted at the poll so adjourned shall not be allowed to vote again.
(3) The Election Officer shall provide the Presiding Officer of the polling station at which such adjourned
poll is held, with sealed packet containing the marked copy of the electoral roll, register of voters in Form
XXI and a new voting machine.
(4) The Presiding Officer shall open the sealed packet in the presence of the polling agents present and use
the marked copy of the electoral roll for making the names of the eleotors who are allowed to vote at the
adjourned poll.
(5) The provisions of Rules 68 to 88 shall apply in relating to the conduct of an adjourned poll before it was
so adjourned.
Rule 91 Closing of voting machines in case of booth capturing
Where the Presiding Officer is of opinion that booth capturing is taking place at a polling station or at a
place fixed for the poll, he shall immediately close the control unit of voting machine to ensure that no
further votes can be recorded and shall detach the balloting unit from the control unit and thereupon the
provision of Section 343-W of the Act, in so far as they relate to boothcapturing at a polling station shall
apply.
Rule 92 Scrutiny and inspection of voting machines
(1) The Election Officer may have the control units of the voting machines used at more than one polling
station taken up for scrutiny and inspection and votes recorded in such units counted simultaneously.
(2) Before the votes recorded in any control unit of a voting machine are counted under sub-rule (1), the
candidate or his election agent or his counting agent present at the counting table shall be allowed to
inspect the paper seal and such other vital seals as might have been affixed on the unit and to satisfy
themselves that the seals are in tact.
(3) The Election Officer shall satisfy himself that none of the voting machines has in fact been tampered
with.
(4) If the Election Officer is satisfied that any voting machine has in fact been tampered with he shall not
count the votes recorded in that machine and shall report the matter to the State Election Commission.
Rule 93 Counting of votes
(1) After the Election Officer is satisfied that a voting machine has in fact not been tampered with, he shall
have the votes recorded therein counted by pressing the appropriate button marked "Result" provided in the
control unit whereby the total votes polled and votes polled by each candidate shall be displayed in respect
of each such candidate on the display panel provided for the purpose in the unit.
(2) As the votes polled by each candidate are displayed on the control unit, the election officers shall have:
(a) number of such votes recorded separately in respect of each candidate in Part II of Form XXIII;
(b) part II of Form XXIII completed in other respects and signed by the counting supervisor and also by the
candidates or their election agents or their counting agents present; and
(c) corresponding entries made in a result' sheet in Form XX, and the particulars so entered in the result
sheet announced.
Rule 94 Sealing of Machines
(1) After the result of voting recorded in control unit has been ascertained candidate-wise, and entered in
Form XXIII, and in the form prescribed for this purpose, the Election Officer shall reseal the unit with his
seal and the seals of such of the candidates of their election agents present who may desire to affix their
seals thereon so however that the result of voting recorded in the unit is not oblitered and the unit retains
the memory of such result.
(2) The control unit so sealed shall be kept in specially prepared boxes on which the election officer shall
record the following particulars, namely:
(a) the serial number and name of the ward;
(b) the particulars of the polling station where the control unit has been used;
(c) serial number of the control unit;
(d) date of poll; and
(e) date of counting.
Rule 95 Custody of voting machines and papers relating to election
(1) All voting machines used at an election shall be kept in the custody of the concerned Collector and
District Election Authority or the Officer authorized by him.
(2) The Collector and District Election authority or the Officer authorized by him shall keep in the safe
custody
(a) the packets of marked copy of the electoral roll;
(b) the packets containing register of voters in Form XXI
(c) the packets containing the number of votes recorded in respect of each candidate in Form XXIII;
(d) all other papers relating to election
Rule 96 Production and Inspection of voting machines and election papers
(1) While in the custody of the Collector and District Election authority or the Officer authorized by him
(a) the packets of marked copy of electoral roll;
(b) the packets containing registers of voters in Form XXI shall not be opened and their contents shall not
be inspected by, or produced before any person or authority except under the order of the competent court.
(2) The control unit sealed as per the provisions of Rule 94 and kept in the custody of the Collector and
District Election Authority or the Officer authorized by him and shall be stored in Government Treasury or
sub- Treasury and shall not be opened and inspected by, or produced before any person or authority except
under the order of the competent court.
Rule 97 Safe custody of voting machines and all other packets
(1) The Voting machines kept in the custody of the Collector and District Election authority or the Officer
authorized by him shall be retained in tact for such period as the State Election Commission may direct and
shall not be used at any subsequent election without previous approval of the State Election Commission.
(2) All other packets relating to elections where there is no election petition, shall be destroyed as per the
provisions of these rules.
Rule 98 Power of the State Election Commission to issue directions
Subject to the other provisions of these rules, the State Election Commission may Issue such directions as it
may consider necessary to facilitate the proper use and operation of the voting machines and also as
occasion requires to facilitate the holding of elections under these rules.
APPENDIX 1 Nomination Paper to be filled by the Candidate
FORM
[See Rule 8(1)]
FORM 1
Nomination Paper to be filled by the Candidate
[See Rule 8(1)]
Election to the.................................. Municipality
Nomination for election as Member from Ward No.....................................................
(Name of the Ward)
1. Full Name of the Candidate: (in block letters) 2. Number of candidate in the electoral roll: 3. Father's or
Husband's Name: 4. Age: 5. Sex: 6. Occupation and address: 7. Community: OC/SC/ST/BC: 8. Full name
of the proposer: 9. No. of the proposer in the electoral roll: 10. Signature of the proposer:
(to be filled by the candidate)
[I declare that I am willing to stand for Election as Ward Member from the ward............ of Municipality on
the Symbol of.............. Party/Free Symbol allotted by the Election Officer as per the directions of the State
Election Commission.
I further declare that the code of conduct prescribed by
the State Election Commission has been read by me/read over to me and I will abide by the conditions
stipulated therein.]
Date: Signature of candidate.
(To be filled by the Election Officer)
Serial No. of the Nomination Paper:
This nomination paper was delivered to me at my office at............... (hours) on.............
(date) by the candidate/proposer.
Election Officer or Authorised Person
NOTE: In respect of Municipalities for which the office
of the member is reserved for SCs/ STs/BCs, the certificate prescribed in Rule 8(8) shall be enclosed.
Decision of Election Officer accepting or rejecting the Nomination Paper
I have examined this nomination paper in accordance with Rule 12 of the Andhra Pradesh Municipalities
(Conduct of Election of members) Rules, 2005 and decided as follows:
Accepted/Rejected
Date: Election Officer
Receipt for nomination paper and notice of scrutiny
(To be handedover to the person presenting the Nomination Paper)
Serial Number of Nomination Paper..........................................................................
The Nomination Paper of................. a candidate for election as member from Ward no........... Ward
in.............. Municipality was delivered to me to my office (hours) on....... (date) by the candidate/proposer.
All the Nomination Papers will be taken up for scrutiny at........ (hours) on.............. (date).......... Place.
Date: Election Officer op Other Authorised person
APPENDIX 2 Declaration in the case of Scheduled Caste/Scheduled Tribe/Backward Class
Candidate
FORM 2
[See Rule 8(8)1
Declaration in the case of Scheduled Caste/Scheduled
Tribe/Backward Class
Candidate
I hereby declare that I am a member of the....... Scheduled Caste/Tribe/Backward Class in Andhra Pradesh
in relation to Caste?
Tribe/Backward Class in Andhra
Pradesh in relation to District or area in the State.
Date: Signature of Candidate
The above declaration is solemnly affirmed before me by........... who is personally known to me/who has
been identified to my satisfaction by.............. Signature of an Officer of the Revenue Department not below
the rank of Deputy Tahsildar Full Designation:
(Seal of the Office) Date:
APPENDIX 3 Form 3
FORM [See Rule 8(8)]
FORM 3
[See Rule 11]
List of Nominations
received on for election as member, (date)
.............................................................................. Ward Municipality
Sl.No. Name of the candidate Father's/ Husband Name Age Sex Occupation And Address Where the
candidate is a member of the ST/SC/ BCs, the particular Caste/Tribe /Class to which the candidate belongs
Name of the proposer Serial No of proposer in the (Ward) list in which his name is Included (1) (2) (3) (4)
(5) (6) (7) (8) (9)
APPENDIX 4 Form 4
FORM [See Rule 12(4)]
FORM 4
[See Rule 12(4)]
List of Validity Nominated Candidates Election to the Office of the member Ward Municipality.
Sl.No. Name of the Candidate Name of 'Father/ Mother/Husband Address of Candidate Party Affiliation
(1) (2) (3) (4) (5)
Place:
Date: Election Officer Strike off the inappropriate alternative
APPENDIX 5 Notice of withdrawal of candidature by the candidate
FORM [See Rule 13(1)]
FORM 5
[See Rule 13(1)]
Notice of withdrawal of candidature by the candidate ...................................................... Election to the
Member of. Ward Municipality
The Election Officer.
I.......... (candidate validly nominated) at the above election do hereby give notice that I withdraw my
candidature.
Place:
Date: Signature of (Validly nominated candidate)
This notice was delivered to me at my office at...... (hour) on........
(date) by...... (name) that
Date: Election Officer
Receipt for Notice of withdrawal (to be handed over to the person delivering the notice)
The notice of withdrawal of candidature by................ a (Validly nominated candidate) at the election to the
ward no............... was delivered to me by the.................. at my office at .............. (hour) to me by the
candidate * the candidate's proposed/election agent who has been authorised in writing by the candidate to
deliver it at my office..... at (hour)
on................. (date)..............
Date: Election Officer
*Strike off whichever is inapplicable
APPENDIX 6 Notice of Withdrawal of Candidatures
FORM [See Rule 13(2)]
FORM 6
[See Rule 13(2)]
Notice of Withdrawal of Candidatures
ELECTION TO THE WARD MEMBER/.................. Municipality Notice is hereby given that the
following validly nominated *Candidate/candidates at the above election withdraw his *Candidature/their
candidatures today.
Name of validly nominatedcandidate Address of validly nominatedcandidate Remarks 1.2.3.4.5.6.7.8.
Date: Election Officer
*Strike off the inappropriate alternative]
APPENDIX 7 (The list of contesting candidates)
FORM 7
[See Rule 14(1)]
(The list of contesting candidates)
Names of the Municipality................ Election to the office of Member of Ward no........ & Name....
Sl.No. Name of the Candidate Sex Address of Candidate Party affiliation, if any Distinctive symbol
assigned to candidate (1) (2) (3) (4) (5) (6)
Place..........
Date...........
Election Officer
APPENDIX 8 Appointment of an Election Agent
FORM [See Rule 17(1)]
FORM 8
[See Rule 17(1)]
Appointment of an Election Agent
To
The Election Officer
For the election of member....................... Ward.............................. Municipality.
(No) (Name)
I................. a candidate for the election as member.......... Ward hereby appoint............. of.................. as my
election agent from this day at the above election.
Place........
Date..........
Signature of candidate
I accept the above appointment.
Place........
Date...........
Signature of Election Agent
APPENDIX 9 Appointment of Polling Agent
FORM [See Rule 18(1)]
FORM 9
[See Rule 18(1)]
Appointment of Polling Agent
Election to the member................... Ward................................. Municipality
(No) (Name)
To
The Election Officer
I........... a candidate for election as member Municipality................ Election Agent of
Sri........... Who is a candidate at the present election, do hereby give notice that I have appointed......... as
polling agent to attend the Polling Station.............. the polling booth No....... at the Polling Station...........
the place fixed for the poll..... Signature of Candidate/ Election Agent
Place.............
Date..............
I agree to act as such polling agent..............................................
Place.........
Date.............
Signature of Polling Agent
Declaration of Polling Agent to be signed before the Presiding Officer
I hereby declare that I will not at this election do anything forbidden by Section 343-F of the Andhra
Pradesh Municipalities Act, 1965 which I have read or which has been read out and explained to me.
Signature of the Polling Agent Signed before me
Place........
Date.................
Presiding Officer
APPENDIX 10 Appointment of Counting Agent
FORM [See Rule 19(1)]
FORM 10
[See Rule 19(1)]
Appointment of Counting Agent
Election to the member.......................... Ward..................... Municipality
(No) (Name)
To The Election Officer I............. a candidate for the election of... member........ Municipality..........
Election Agent of Sri.............. candidate at the present election, do hereby give notice that I have appointed
as a counting agent to.. at the counting of votes.
Signature of the Candidate/ Election Agent
I agree to act as such counting agent...
Date..................
Place............
Signature of counting Agent
Declaration of Counting Agent to be signed before the Election Officer
I, .............. hereby declare that at this election I will not do anything forbidden by Section 343-F of the
Andhra Pradesh Municipalities Act, 1965 which I have read or which has been read out and explained to
me.
Date..................
Signature of Counting Agent Signed before me.
Date........
Election Officer
APPENDIX 11 Instructions
FORM (See Rule 24(1))
FORM XI
(See Rule 24(1))
Instructions
1. Not more than one vote may be given to a candidate,
2. The ballot paper printed on coloured paper with their names and symbols indicate that they are intended
to be used for voting in the election of member.
3. Vote shall be recorded by placing a mark on the ballot paper opposite the name of the candidate for
whom the votes wishes to vote (please also see further in the accompanying letter).
4. A voter shall obtain the attestation of his signature on the back of this form by any Gazetted officer
whom the voter is personally known or to whose satisfaction the voter has been identified or
(a) in case where the voter is a member of Armed Force of the Union or a member of the Armed Police
Force of the State serving outside the State, by the Commanding Officer of the unit in which the voter is
employed; and
(b) in case where the voter is a person subject to preventive detention by the Superintendent of the Jail or
the commandant of the detention camp in which the voter is under detention.
5. The attesting officer shall attest the signature of the vote but not his vote which should not be recorded in
the presence of the attesting officer,
(FORM ON THE BACK OF BALLOT PAPERS)
Serial Number of ballot paper.....................
I hereby declare that
I am the person whose name appears as voter No................ on the electoral roll for............... Ward and that
I have not voted in this ward in any other manner and that at this ordinary/casual election I have not voted
in any other ward.
Date........................................................................................ Signature of the voter
Signed in my presence by................... Who is personally known to me (or who has been identified to my
satisfaction).
Signature of Attesting Officer
Stamp................
Address..........
Date
APPENDIX 12 Form of Cover
FORM [See Rule 24(2)(a)]
FORM
XII
[See Rule 24(2)(a)]
Form of Cover Election of member....................... ..Ward..................................... ..Municipality (No.)
(Name of the ward)
TO
The Election Officer
Address................................
No
APPENDIX 13 Form of Letter pf Intimation
FORM [See Rude 24(2)(c)]
FORM 13
[See Rude 24(2)(c)l
Form of Letter pf Intimation
Election to the Member of........... Ward...................... Municipality........................ 200
Dear Sir/Madam,
1. The persons names are printed on the ballot paper sent herewith are the contesting candidates for election
of Member of ward Np.................. municipality should you desire to vote at this election, I have tp request
that
(a) You will record your vote by placing a mark on the ballot paper opposite the name of the pandidate for
whom you wish to vote.
(b) you shall not place mark opposite the name of more than one candidate.
(c) you will sign the declaration on the back of the ballot paper in the preference pf an attesting officer who
shall attest only your signature but not your vote Which you should npt record in the presence of the
attesting Officer.
(d) you will then place and ballot paper in the envelope sent with this letter and. Close it up and enclose the
envelope in the cover addressed to me and return the coyer to me by prepaid post or by messenger so as to
reach me before 5.00 p.m. on the ...... day of............ 200....
2. Covers returned by the post on which the postage has not been prepaid will not be received by me.
3. The officers who are empowered to attest ballot papers have been specified in the instructions sent along
with the ballot paper.
4. Rule 27 of the Andhra Pradesh Municipalities (Conduct of Election of Members) Rules, 2005 provides
that if a voter is illiterate or unable due to physical incapacity to record his vote and sign the declaration on
the back of the ballot paper he may make his declaration and record his vote by the hand of an Officer
referred to in paragraph 3 above who is empowered to attest his signature and such voter may for this
purpose deliver his ballot paper together with the envelope and the cover sent with this letter to such officer
and request him to sign the declaration on the back of the ballot paper and to mark the ballot paper for such
voter. The said rule further provides that such officer
(a) shall on being so requested by the voter certify on the back of the ballot paper the voter's incapacity and
shall attest the fact that he was requested by the voter to sign the declaration on the back of the ballot paper
and to mark the ballot paper for him and that he has put the mark on the ballot paper in accordance with the
wishes of the and that the ballot paper was so signed and marked by him in the presence of the voter, and
(b) shall thereupon place the marked ballot paper in the envelope mentioned above and close the same and
enclose it in the cover referred to above and seal it and handover the sealed cover to the voter and the voter
shall then send in forthwith to the Election Officer in accordance with the instructions contained in clause
(d) of paragraph (1) of this letter.
5. Sub-rule (6) of Rule 56 of the aforesaid rules provides as follows:
A postal ballot paper which is not duly marked or on which, (a) more than one mark is placed against any
candidate's name, or (b) votes are given to more candidates than one candidate to be elected or (c) a mark is
placed in such a manner as to make doubtful to which candidate it has been given, or (d) the signature of
the voter is not duly attested, shall be invalid.
6. Your number on the elected roll for......... Ward is.............. You should insert this number in the
declaration on the back of the ballot paper.
Address............................................................................................ Yours faithfully,
....................................................................................................... Election Officer.
Date
APPENDIX 14 Declaration by the companion of blind or infirm voter
FORM [See Rule 42(2)]
FORM 14
[See Rule 42(2)]
Declaration by the companion of blind or infirm voter
Election of member........... Ward.............. Municipality.
Name of the Polling Station/Booth..............
I.......... Son of............ aged............... years resident of................. hereby declare that.............
1. I have not acted as companion of any other elector at any Polling Station/booth today the........
and................
2. I will keep secret the vote recorded by me on behalf of................ Signature of the Companion
APPENDIX 15 List of blind or infirm voters
FORM [See Rule 42(2)]
FORM 15
[See Rule 42(2)1
List of blind or infirm voters
Part No.& SI.No. of Elector Full name of the elector Full name of the Companion Address of companion
Signature of left thumb Impression of companion (1) (2) (3) (4) (5)
Signature of Presiding Officer Polling Station No. & Name
APPENDIX 16 Tender Votes List
FORM [See Rule 45(2)]
FORM 16
[See Rule 45(2)]
Tender Votes List
Election of member to...................... Ward...................................... Municipality.
(No.) (Name of the ward)
No. and name of the Polling Station.................................................
Part No. Sl.No. and name of the Elector Address or Sl.No. of paper Elector tendered ballot Sl.No. of the
ballot paper issued to the person who has already voted Signature or left thumb impression of person
tendering vote (1) (2) (3) (4) (5)
Date:
Signature of Presiding Officer
APPENDIX 17 List of challenged votes
FORM [See Rule 46(2)(c)]
FORM 17
[See Rule 46(2)(c)]
List of challenged votes
Election of member to........................ Ward....................... Municipality.
(No.) (Name of the ward) Name and No. of the Polling Station.............................
SI.No. Name of the Serial number of Signature of thumb of entry elector Part of roll Elector's name in the
part impression of person challenged (1) (2) (3) (4) (5)
Address of the person challenged Name of the identifier, if any Name of the challenger Orders of polling
officer Signature of challenger on receiving refund of deposit (6) (7) (8) (9) (10)
Date.............
Signature of Presiding Officer
APPENDIX 18 Form of authorisation to vote outside polling area
FORM [See Rule 48(1)]
FORM 18
 [See Rule 48(1)]
Form of authorization to vote outside polling area
Certified that Sri/Smt./Kum................................................ entitled to vote at ............ for.......... Ward
......................................... has been employed in connection with the election for................. ward and is
prevented from voting at the said station and that I have therefore authorised him to vote at Station:
Date: Signature of Election Officer.
APPENDIX 19 Form 19
FORM [See Rule 53(1)]
FORM 19
[See Rule 53(1)]
Ballot paper Account to be sent by Presiding Officer in respect of Election of member Ward Municipality
(No.) (Name of the Ward)
Serial Nos.
Total No.
Prom To
1. Ballot papers received..........
2. Ballot papers unused (i.e., not Issued to voters)
(a) With the signature of Presiding Officer
(b) Without the signature of Presiding Officer
*Total: (a+b)
3. * Ballot papers used at the Polling Station......................
(1-2=3).................
4. *Ballot papers used at the polling station but NOT INSERTED INTO THE BALLOT BOX:
(a) Ballot papers cancelled for violation of voting procedure under Rule 41.
(b) Ballot papers cancelled for other reason.
(c) Ballot papers used as tendered ballot papers
Total: (a+b+c)
5. Ballot papers to be found in the ballot box (3-4=5)
*(Serial numbers need not be given)
Date..........
Signature of the Presiding Officer.
APPENDIX 20 Form 20
FORM [See Rule 58(1)]
FORM 20
[See Rule 58(1)]
Part-I
Return showing the results of the election of member Ward Municipality
(No. (Name of the ward)
Sl.No. Name of the Candidate No. of valid votes caste 1. 2. 3. 4. 5.
Total No of valid votes..............................................................
No. of rejected ballot papers in the ballot..................................... Boxes
1. Signature of Election Officer
Date........
2. Signature of counting person
PART-II
Declaration to be made by the Election Officer
I do hereby declare that
Sri/Smt.............. has been duly elected as member................................... Ward...................... Municipality.
(No.) (Name of the ward)
APPENDIX 21 Register of Voters
FORM [See Rule 79]
FORM 21
[See Rule (83)]
List of Tendered Votes
Election to the office of the.................... Ward.................... Municipality
(No.) (Name of the ward) No & Name of the Polling Station...........................
Sl.No. Name of Elector Sl.No. of elector in electoral roll Sl.No. in Registered of voters (Form) of the
person who has already voted in place of elector Signature/ Thumb impression of elector - 1 2 3 4 5 6 7 8 9
10 Date Signature of the Pre siding Officer
APPENDIX 22 List of Tendered Votes
FORM [See Rule (83)]
FORM 22
[See Rule (86)]
Part-I-Account of Votes recorded
Election to the office of the.................................. Ward............................................. Municipalit y (No.)
(Name of the ward)
No. & Name of the Polling Station............................................................................................ ................
Identification No. of Voting Control Unit...............................................................................................
Machine Number used at the polling station balloting unit................................................................
1.
Total No. of electors assigned to the Polling Station.
2.
Total No. of voters as entered in the Register of voters
(Form-XXI)
3. No. of voters decided not to record Voters under Rule 82.
4. No. of voters not allowed to vote under Rule 80.
5. Total No. of votes recorded as per voting machine.
6. Whether the total No. of votes as shown against item 5 tallies with the total No. of voters as shown
against item 2 minus Nos. of voters deciding not to record voters as against item No. 3 minus No. of voters
as against item 4(2-3&4) or any discrepancy noticed.
7. No. of voters to whom tendered ballot Papers were issued under Rule 83.
8. No. of tendered ballot papers. ______ SI.No. From To
(a) received for use
(b) issued to electors
(c) not used returned
9. Account of papers seals
1. Serial number of paper seal ______ SI.No.
From
To
2. Total number supplied.
3. Number of paper seals used]
4. Number of unused paper seals returned to Election Officer (Deduct item 3 from item 2)
5. Serial number of damaged paper seal, if any
Signature of Polling Agents.
1.
2.
3.
4.
5.
6.
Date...............
Place..........
Signature of Presiding Officer Polling Station No.
Part-II Result of counting SI.No. Name of the Candidate No. of Votes recorded 1 2
3
4
5
6
7
8
9
10
Total:
Whether the total Nos. of votes shows above tallies with the total No. of votes shown against item 5 of
Part-I or any discrepancy noticed between the two totals. If any discrepancy noticed, the reasons for
discrepancy are Place..... Date
Signature of Counting Supervisor Name of the candidate/election agent/counting agent
Full signature
Signature of Election Officer.
APPENDIX 23 Part-I-Account of Votes recorded
FORM [See Rule (86)]
FORM 23
[See Rule (86)]
Part-I-Account of Votes recorded
Election to the office of the.................................. Ward............................................. Municipality
(No.) (Name of the ward)
No. & Name of the Polling Station........................................................................................ ....................
Identification No. of Voting Control Unit...............................................................................................
Machine Number used at the polling station balloting unit................................................................
1. Total No. of electors assigned to the Polling Station.
2. Total No. of voters as entered in the
Register of voters
(Form-XXI)
3. No. of voters decided not to record Votersunder Rule 82.
4. No. of voters not allowed to vote under Rule 80.
5. Total No. of votes recorded as per voting machine.
6. Whether the total No. of votes as shown against item 5 tallies with the total No. of voters as shown
against item 2 minus Nos. of voters deciding not to record voters as against item No. 3 minus No. of voters
as against item 4(2-3&4) or any discrepancy noticed.
7. No. of voters to whom tendered ballot Papers were issued under Rule 83.
8. No. of tendered ballot papers. ______ SI.No.
From To
(a) received for use
(b) issued to electors
(c) not used returned
9. Account of papers seals
1. Serial number of paper seal ______ SI.No.
From
To
2. Total number supplied.
3. Number of paper seals used]
4. Number of unused paper seals returned to Election Officer (Deduct item 3 from item 2)
5. Serial number of damaged paper seal, if any
Signature of Polling Agents.
1.
2.
3.
4.
5.
6.
Date...............
Place..........
Signature of Presiding Officer
Polling Station No.
Part-II Result of counting SI.No. Name of the Candidate No. of Votes recorded 1 2
3
4
5
6
7
8
9
10
Total:
Whether the total Nos. of votes shows above tallies with the total No. of votes shown against item 5 of
Part-I or any discrepancy noticed between the two totals. If any discrepancy noticed, the reasons for
discrepancy are Place..... Date
Signature of Counting Supervisor Name of the candidate/election agent/counting agent
Full signature
Signature of Election Officer.
ANDHRA PRADESH MUNICIPALITIES (PUBLICATION OF BYE-LAWS) RULES, 1969
In exercise of the powers conferred by Clause (a) of sub-section (2) of Section 326 read with sub-section
(2) of Section 333 of the Andhra Pradesh Municipalities Act, 1965 (Act 6 of 1965), the Governor of
Andhra Pradesh hereby makes the following rules prescribing the manner of publication of bye-laws by the
municipal Councils, the same having been previously published at page 103 of Rules Supplement to Part I
of the Andhra Pradesh Gazette, dated the 3rd April, 1969, as required by Clauses (a) and (b) of sub-section
(1) of Section 327 of the said Act.
Rule 1
These rules may be called the Andhra Pradesh Municipalities (Publication of Bye-laws) Rules, 1969.
Rule 2
Every bye-law or cancellation or alteration of a bye-law when it is duly confirmed by Government under
sub-section (1) of Section 333 of the Andhra Pradesh Municipalities Act, 1965 shall be published in the
District Gazette in English and in the main language of the district and also in the manner specified below:-
(a) by affixing a copy of the bye-law or cancellation or alteration of a bye-law on the notice board of the
municipal office and at such other places within the Municipal limits as may be decided by the Council.
(b) by beat of drum; and
(c) by announcement through the municipal wire broadcasting system wherever such a system is in
operation.
ANDHRA PRADESH MUNICIPALITIES (PREPARATION OF BUDGET, ALLOTMENT AND
TRANSFER OF FUNDS) RULES, 1967
In exercise of the powers conferred by Clause (i) of sub-section (2) of Section 326 of the Andhra Pradesh
Municipalities Act, 1965 (Act 6 of 1965), the Governor of Andhra Pradesh hereby makes the following
rules relating to Budget allotment and transfer of funds by municipal councils, the same having been
previously published at pages 380 to 388 of Rules Supplement to Part I of the Andhra Pradesh Gazette,
dated 18th August 1966, as required under Clauses (a) and (b) of sub-section (1) of Section 527 of the said
Act.
Rule 1
These rules may be called the Andhra Pradesh Municipalities (Preparation of Budget Allotment and
Transfer of Funds) Rules, 1967.
Rule 2
(1) The Commissioner shall in each year, prepare a budget estimate showing the probable receipt and
expenditure during the coming year. He shall consult the Director of Public Instruction, Director of
Medical and Health Services, the Chief Engineer of Public Health, the Director of Town Planning and the
Special Officer, Indian Medicine Department in respect of matters concerning their departments. He shall
also consult the Director of Industries in respect of matters concerning Industrial schools, if any.
(2) The Municipal Engineer, Municipal Health Officer, Town Planning Officer and Education Officer shall
prepare the estimates of receipts and expenditure concerning their departments and furnish the same to the
Commissioner for incorporation in the budget estimate within the time stipulated by the Commissioner.
They shall also furnish such other particulars as the Commissioner may require of them for the preparation
of the budget estimate. The Commissioner shall adopt these figures with such modifications as the
circumstances may justify.
Rule 3
The working balance to be provided for in the budget shall be not less than five per cent of the estimated
receipts of the year excluding those from endowments, Government grants and debt heads.
Rule 4
(1) The budget shall be prepared in Form `A' appended to these rules.
(2) The Commissioner shall appended a certificate to the effect that provision has been made for the
payment of interest on, and authorisation of debts raised by the Council both from the public and the
Government and that no arrears of interest are pending for want of payment. He will also enclose a
statement of outstanding debts with full debts with full details thereof.
(3) The budget shall be prepared in English and Telugu.
Rule 5
1[(1) The Budget prepared in the manner prescribed above shall be circulated to the Councillors atleast
seven days before the date fixed for the consideration of the budget by the Council], and of the budget by
the council, so that the members may have a reasonable opportunity of examining it before the said date.
(2) The budget shall, after it has been circulated as provided in sub-rule (1) and after detailed scrutiny by
the Executive Committee, be placed before the Council by the Commissioner ordinarily not later than the
15th of November. Provided that if the Executive Committee fails to scrutinise the budget within a week
from the date of submission to it, the Commissioner may place the budget before the Council.
Rule 6
An explanatory note on the budget with copies of the suggestions if any, of the officers referred to in Rule
2 and of the proceedings of the Executive Committee, shall also be placed by the Commissioner before the
Council along with the budget.
Rule 7
The Council shall, after satisfying itself on the following points, approve the budget with such
modifications as it may deem necessary:
(1) that the estimate of receipts is exhaustive and cautious.
(2) that the recommendations, if any, of the officers referred to in Rule 2 have been duly considered in
preparing the budget;
(3) that due provision has been made for all obligatory charges.
(4) that provision has been made for the due discharge of all liabilities in respect of loans contracted by the
Council and for all other commitments;and
(5) that the working balance is not less than the minimum specified in Rule 3.
Rule 8
The Chairperson shall submit a copy of the budget as approved by the Council to the Government through
the Collector and the Director of Municipal Administration not later than the [31st December] each year.
He shall also forward a copy of the budget so approved to the Auditor appointed under Section 128 of the
Andhra Pradesh Municipalities Act, 1965 within fifteen days of such approval. Any modifications made in
the budget with reference to the orders, if any passed by the Government shall similarly be communicated
to the Auditor and the Director of Municipal Administration.
Rule 9
(1) In case the Council fails to approve the budget with or without modification at the meeting held for the
purpose, the same shall be placed again before the Council within a weak for its approval. If the Council
fails to approve the budget even at that meeting, the Chairperson shall submit a copy of the budget with his
own remarks if any, to the Government through the District Collector and the Director of Municipal
Administration for sanction. A copy of the same shall also be sent to the Auditor. The Government shall
sanction the budget with or without modifications. The modifications, if any, made by the Government
shall also be communicated to the Auditor and the Director of Municipal Administration.
(2) The Council shall not re-appropriate the budget grants so fixed by the Government without their prior
approval.
Rule 10
The Council shall not authorise any item of expenditure not included in the budget or in excess of the
budget allotment without indicating the source from which the money required for the proposed
expenditure is to be found. Whenever the sanction of any authority as required for any proposed
expenditure such sanction shall be obtained before the Council considers the proposal.
Rule 11
The Commissioner shall pay prompt attention to the remarks, if any made by the auditor in regard to the
expenditure as compared with the budget allotment.
Rule 12
All allotments made in the budget shall lapse at the end of the year end no part of any allotment, remaining
unexpanded at the end of the year, shall be reserved or appropriated by transfer to deposits or any other
head or drawn in order to avoid lapse for disbusements after the end of the year.
Rule 13
All expenditure during the course of a year shall be regulated in accordance with the allotment made in the
budget for the year, as sanctioned by the Council and as modified by the Government. Where an additional
allotment under any head of account is subsequently found necessary, such additional allotment shall be
made by re-appropriation from other heads, subject to the following conditions and limitations:-
(1) all applications for re-appropriation shall be made in Form `B' appended to these rules and shall be
submitted to the Council by the Commissioner through the Executive Committee in time to admit of the
Council passing orders on them before the end of the year; and
(2) the Commissioner shall, within a week of the date on which the Council sanctions and such application,
forward a copy thereof to the auditor.
Rule 14
Where it is found necessary to find additional allotments from balances of any kind-general, endowments,
or other-they may be sanctioned by the Council subject to the following conditions and limitations:-
(1) the working balance shall not be reduced below the minimum specified in Rule 3:-
(2) application for allotment shall be made in Form `C' appended to these rules and shall be submitted to
the Council by the commissioner through the Executive Committee in time to admit of the Council passing
orders on them before the end of the year;and
(3) the Commissioner shall, within a week of the date on which the Council sanctions any such application,
forward a copy thereof to the auditor.
APPENDIX A FORM
FORM
[Rule 4(1)]
FORM - A
[Rule 4(1)]
PART -I
Abstract of the budget estimate of the ............................ Municipal Council for 19............ 19.........
Ordinary Capital Descriptionof account Opening Balance Receipts Charges Closingbalance
OpeningBalance Receipts Charges ClosingBalance Closing balance bothordinary and capital (1) (2) (3) (4)
(5) (6) (7) (8) (9) (10)
Part-II
Budget Estimate of the .......................... Municipal Council, for 19 .................... 19 .............................
Headaccount BudgetEstimate for RevisedEstimate for Estimated deficitor excess for Budget Estimatefor
Actualsfor Actuals from April to October Actuals fromApril to October Explanations forvariations (1) (2)
(3) (4) (5) (6) (7) (8) (9)
APPENDIX B FORM
FORM
[Rule 13(1)]
FORM - B
[Rule 13(1)]
Application for allotment or additional allotment of funds re-appropriation by the ............................
Municipal Council
Particularwork or purpose Head of accountin which or nameof work etc., for whichadditional allotment
isrequired Amount provided forthe work or purposein the budget Amount subsequentlyallotted
ortransferred Amount spentup to date Amount required tomeet probableexpenditure uptodate end ofthe
year Total of Column(5) and (6) Amount now requiredto be transferred,i.e., Column (7) minusColumns (3)
plus (4) Reasons for exceedingthe original allotment Head of accountor source from whichtransfer is
applied for Anticipated savings from the Head ofAccount from whichtransfer is proposed Remarks (1) (2)
(3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
Sanctioned by the Council through their resolution No. ............. dated ............ subject to the modifications
detailed below.
APPENDIX C FORM
FORM
[Rule 14(2)]
FORM - C
[Rule 14(2)]
Application for allotment or additional allotment of funds from the balance required by the
............................ Municipal Council
Particularwork orpurpose Head of accountin which or nameor work etc., for which additionalallotment
isrequired Amount providedfor the work orpurpose in the budget Amount subsequentlyallotted
ortransferred Amount spentup to-date Amount requiredto meet probableexpenditure uptothe end of the year
Amount nowrequired bytransfer from the balance Reasons forexceeding theoriginal allotment Reference
topreviouscorrespondenceand the numberand dae of theCouncil's sanction Amount of closingbalance
provided in budget as revised with reference to theactual opening of the year Total of allotmentsmade from
suchbalance includingthose now applied for Net balanceavailable Five percentof estimated receipts
(Minimum working balance) Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)
Commissioner.
ANDHRA PRADESH MUNICIPAL COUNCILS/NAGAR PANCHAYATS (DIRECT ELECTION
OF CHAIRPERSON) RULES, 1986
In exercise of the powers, conferred by clause (a) of sub-section (1) of Section 23 read with Section 326 of
the Andhra Pradesh Municipalities Act, 1965 (Act No.6 of 1965), the Governor of Andhra Pradesh hereby
makes the following rules
Rule 1
*[These rules may be called the Andhra Pradesh Municipal Councils/Nagar Panchayats (Direct Election of
Chairperson) Rules, 1986.]
Rule 2
(1) These rules shall apply to all the Municipal Councils and Nagar Panchayats in the State of Andhra
Pradesh.
(2) The Chairperson under Section 23 of the Andhra Pradesh Municipalities Act, 1965, shall be elected by
the persons whose names appear in the electoral roll for the Municipality/Nagar Panchayat from among
themselves.
Rule 3
In these rules, unless there is anything repugnant in the subject or context,--
(a) "Act" means the Andhra Pradesh Municipalities Act, 1965;
(b) "Ballot Box" includes any box, bag or other receptacle used for the insertion of ballot paper by voters as
directed by the Election Authority;
(c) "Counterfoil" means the counterfoil attached to a ballot paper, printed under the provision of these
rules;
(d) *["Election Authority" means the authority defined in clause (12) of Section 2 of the Act;]
(e) "Election Officer" means the Commissioner or any person or Officer authorised or appointed by the
Election Authority to do any act or perform any function in connection with the conduct of election of
Chairperson under these rules.
Explanation :- The election authority may appoint one or more persons who shall be Officer or Officers of
the local authority or the Government as Additional Election Officer or Assistant Election Officer or
Officers to assist the Election Officer in the performance of his functions and every *[Additional Election
Officer or] Assistant Election Officer so appointed shall, subject to the control of the Election Officer, be
competent to perform all or any of the functions of the Election Officer and the expression " Election
Officer" shall be deemed to include such Assistant Election Officer also:
Provided that the Assistant Election Officer shall not perform any of the functions which relate to the
scrutiny of nominations, unless the Electoral Officer is unavoidably prevented from performing the said
function;
(f) "Elector" in relation to any election to any Municipal Council/Nagar Panchayat means a person whose
name appears in the electoral roll for the Municipality/Nagar Panchayat as it remains in force, except a
person who is declared to be a man of unsound mind and stands so declared by a competent court;
*[(g) "Electoral roll" means the electoral roll prepared and published under Section 11 of the Act;]
(h) "Form" means the form appended to these rules and includes the translation of the matter in Telugu, or
any other language or languages specified in the Eighth Schedule to the Constitution;
(i) "Government" means the State Government of Andhra Pradesh;
(j) "Marked copy of the electoral roll" means the copy of the electoral roll set apart for the purpose of
marking the names of electors to whom ballot papers are issued at an election;
(k) "Polling Station" in relation to an election of a Member or election of Municipal Chairperson means the
place fixed under Rule 31 for taking the poll at the election;
(l) "Presiding Officer" includes any Polling Officer performing any of the functions of a Presiding Officer
under sub-rules (2) and (3) of Rule 30;
*[(m) "Public Holiday" means any day declared as such by the Government];
*[(mm) "State Election Commission" means State Election Commission constituted under Article 243-K of
the Constitution of India.]
(n) For the purpose of these rules, a person who is unable to write his/her name shall, unless otherwise
expressly provided in these rules, be deemed to have signed an instrument or other paper, if--
(a) he/she has placed a mark on such instrument or other paper in the presence of the Election Officer or the
Presiding Officer or such other Officer as specified in these rules;
(b) such Officer on being satisfied as to his/her identity has attested the mark as being the mark of that
person; and
(c) "Voters on election duty" means any polling agent, any Polling Officer, Presiding Officer or other
public servant who is an elector in the Ward and is by reason of his/her being on election duty unable to
vote at the polling station where he/she is entitled to vote.
Rule 3A Administrative machinery for the conduct of Elections
*[(i)
(a) The conduct of Elections to all Municipalities/Nagar Panchayats in the State shall be under the
superintendence, direction and control of the State Election Commission.
(b) The Election Authority as may be appointed by the State Election Commission shall exercise such
powers and to perform such functions in connection with the conduct of elections to the
Municipalities/Nagar Panchayats.]
(ii) The District Collector shall be the District Election Authority. The functions of the Election Authority
under these rules may also be performed unless specifically otherwise provided, by the District Election
Authority with his jurisdiction.
(iii) Subject to the general superintendence, direction and control of the Election Authority, the District
Election Authority shall be responsible for the conduct, co-ordination and supervision of all arrangements
in connection with the conduct of elections to the offices of Chairperson of the Municipal Councils/Nagar
Panchayats within his jurisdiction.
Rule 4
(1) The Election Officer shall affix a notice on the board of the Municipal Officer showing the voters list
pertaining to the various wards of the Municipality/Nagar Panchayat on the day of the publication of the
notice under the rules.
(2) The Election Officer shall, after affixing the notice of voters list under sub-rule (1) publish any
alteration made upto and inclusive of the last day fixed for the receipt of nominations, as alterations to the
electoral roll for the Municipality/Nagar Panchayat on the notice board of the Municipality/Nagar
Panchayat as a supplementary voters' list atleast fifteen days prior to the date fixed for the poll.
Rule 5
The Election Officer shall prepare and publish a notice on the notice board of the Municipality/Nagar
Panchayat and in one or more conspicuous places in each ward of the Municipality/Nagar Panchayat in
English and in the main language of the District stating--
(a) the category for which it is reserved in case of Municipal Councils/Nagar Panchayats for which the
office of the Chairperson is reserved for Scheduled Tribes/Scheduled Caste/Women/Backward Classes
under *[Section 23(1)(c)(i), (ii), (iii) and (iv)] of the Act;
(b) the date, the place and the hours between which and to whom nomination papers shall be presented
which shall be a date not earlier than the fourth day and not later than the tenth day after the date of
publication of the election notice, whether or not it is a public holiday;
(c) the date on which, the hours between which and the place at which the nomination will be taken up for
scrutiny such date being the date next to the last fixed for the presentation of nomination papers whether or
not it is a public holiday;
(d) the time and place at which the poll will take place shall be published in such manner as the Election
Officer may direct and the total period allotted to any day for polling at an election shall not be less than
eight hours;
(e) the time and the place at which the Election Officer will commence the counting of votes.]
Rule 6
(1) Nomination of every candidate shall be made by means of nomination paper in Form-I, which shall, on
application, be supplied free of cost by the Election Officer to any elector whose name is on the electoral
roll of the Municipality/Nagar Panchayat:
Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or
accepted by the Election Officer for election as Chairperson;
Provided further that in case of Municipal Councils/Nagar Panchayats for which the offence of the
Chairperson is reserved for Scheduled Castes/Scheduled Tribes/Backward Classes/ Women, a declaration
prescribed under sub-rule (7) shall also be enclosed.
(2) Every nomination paper shall be signed by one such elector as, propose and the candidate shall sign a
declaration on it expressing his willingness to stand for election.
(3) Each candidate shall be nominated by a separate nomination paper. An elector standing as a candidate
for the election of Chairperson shall not sign his own nomination paper as proposer.
(4) Every nomination paper shall be presented by the candidate in person or by his proposer on any of the
date notified at the place specified and during the hours appointed, to the Election Officer or to such other
person as may be authorised by him in this behalf. The Election Officer or such other authorised person
shall forthwith number the nomination papers serially in the order in which they are presented and enter on
each nomination paper, the date and time at which it is presented. He shall give a receipt for the same as in
Form-I.
(5) The rejection of a nomination paper of any candidate on the ground of any irregularity in respect thereof
shall not affect the validity of the nomination of the candidate if the candidate has been duly nominated by
means of another nomination paper in respect of which no irregularity has been committed.
(6) No nomination paper shall be received after the specified time at the dates notified for the presentation
of nomination papers.
(7) In the case of every nomination filed by a candidate belonging to Scheduled Castes, Scheduled Tribes
and Backward Classes a declaration in Form-III made before an Officer not below the rank of a Deputy
Tahsildar (Mandal Revenue Officer) of the Revenue Department by the candidate, shall be attached to the
nomination.
Rule 7
(1) On the presentation of a nomination paper, the Election Officer or other authorised person referred to in
sub-rule (4) of Rule 6 may require the person or persons presenting the same to produce a copy of the
Electoral roll on which the candidate and his proposer are registered or of the necessary entries therein and
shall satisfy himself that the name and number of the candidate and his proposer, as entered in the
nomination paper, are the same as those entered in the electoral roll.
(2) The Election Officer may interpret an entry in the electoral roll so as to overlook merely clerical or
printing errors but he shall record the interpretation adopted by him together with the reasons therefor.
Rule 8
(1) At or before the time of the presentation of his nomination paper or papers, each candidate wishing to
stand for an election as Chairperson shall deposit or cause to be deposited with the Election Officer in cash
or in Government promissory notes of equal value at the market rate of the day, a sum of rupees one
hundred and twenty five if he is a member of the Scheduled Tribes or the Scheduled Castes or Backward
Classes or a sum of rupees two hundred and fifty if he is not member of such tribes, castes or classes and
no candidate shall be deemed to be duly nominated for the election as Chairperson if such deposit has not
been made.
Explanation :- The delivery to the Election Officer of a receipt from a Government Treasury or Bank
wherein the Municipal Council/Nagar Panchayat has an account evidencing the payment by or on behalf of
a candidate to the credit of the Municipal Council/Nagar Panchayat, of the amount required to be deposited
under this sub-rule shall be deemed to be a deposit of such amount within the meaning of this sub-rule
made by or on behalf of such candidate at the time of such delivery.
(2) If no nomination paper is received within the time appointed in that behalf in respect of any person by
whom or on whose behalf the deposit referred to in sub-rule (1) has been made or if the nomination of any
such person has been rejected or the candidate has withdrawn his candidature in the manner and within the
time specified in sub-rule (1) of Rule 13, the deposit shall be returned to the person by whom it was made
and if any candidate dies before the commencement of the poll, any such deposit, if made by him shall be
returned to his legal representative or if not made by the candidate shall be returned to the person by whom
it was made or to his legal representative.
(3) If a candidate by whom or on whose behalf the deposit referred to in sub-rule (1) has been made is not
elected and the number of valid votes polled by him does not exceed one-sixth of the valid votes polled, the
deposit shall be forfeited to the Municipal Council/Nagar Panchayat.
(4) For the purpose of sub-rule (3) the number of valid votes polled shall be deemed to be the number of
ballot papers other than spoiled ballot papers counted.
(5) The deposits made by all the candidates which shall not be forfeited under sub-rule (3) shall be returned
to the candidates or to the persons who have made the deposits on their behalf as the case may be, as soon
as may be after the publication of the result of the election in the Andhra Pradesh Gazette.
(6) Notwithstanding anything contained in this rule, a deposit made under sub-rule (1) shall not be returned
unless a claim therefor is delivered or sent by post to the Election Officer by the person who made the
deposit or by his legal representative, as the case may be, within six months of the date of the declaration
by the Election Officer of the results of the election or where such declaration is made on two different
dates, within six months of the latter of such dates.
Rule 9
On the last day for the receipt of nomination papers and immediately after the hour for their receipt is
passed, the Election Officer or other authorised person referred to in sub- rule (4) of the Rule 6 shall
publish in the Municipal Office a list in Form II of all nominations received with a notice that the
nomination papers will be taken up by the Election Officer for scrutiny at the Municipal Office or other
specified place on the date and time specified under Rule 5.
Rule 10
(1) On the date appointed for the scrutiny of nominations, the candidates, their election agents, one
proposer of each candidate and one other person duly authorised in writing by each candidate and except
for the purpose of assisting the Election Officer, no other person may attend at such time and place as may
be specified under Rule 9 and the Election Officer shall give such persons all reasonable facilities to
examine the nomination papers of all candidates which have been received as decided.
(2) The Election Officer shall then examine the nomination papers and shall decide all objections which
may be made in application or on his own motion after such summary inquiry, if necessary, and reject any
nomination on any of the following grounds--
(i) that the candidate is ineligible for election under *[Sections 13, 13-A, 13-B, 14, 15, 19 and 23 of the
Act;]
(ii) that the proposer is a person whose name is not registered on the electoral roll;
(iii) that there has been a failure on the candidate or his proposer to comply with any of the provisions of
Rule 6 or Rule 8;
(iv) that in the case the office of Chairperson is solely reserved for any community or communities or for.
Women, the candidate does not belong to the community or any of those communities or is not woman as
the case may be:
Provided that the nomination of a candidate shall not be rejected merely on the ground of any incorrect
description of his name or of the name of his proposer or any of the other particulars relating to the
candidate or his proposer as entered on the electoral roll, if the identity of candidate or proposer as the case
may be, is established beyond reasonable doubt;
Provided further that the Election Officer shall not reject any nomination paper on the ground of any defect
which is not of a substantial character.
(3) The Election Officer shall endorse on each nomination paper his decision accepting or rejecting the
same and if the nomination paper is rejected, shall record in writing a brief statement of his reasons for
such rejection. The scrutiny shall be completed on the day appointed in this behalf under Rule 5 and no
adjournment of the proceedings shall be allowed except when such proceedings are interrupted or
obstructed by riot or violence or causes beyond the control of the Election Officer.
*[(4) When the scrutiny has been completed, a list of validly nominated candidates shall be published in
Form II-A. There shall be one entry only in respect of each validly nominated candidates in the list,
although more nomination papers than one in respect of him may have been accepted as valid. If none of
the nomination papers is found valid on scrutiny, the name of the candidate should not be entered in the
list.]
Rule 11
xxxx
Rule 12
(1) Any candidate may withdraw his candidature by notice in writing in Form II-B, signed by him and
delivered to the Election Officer at any time after presentation of his nomination paper or papers and before
three O' Clock on the third day after scrutiny of nominations whether or not it is a public holiday unless the
notice is delivered by the candidate himself to the Election Officer, the candidate's signature on the notice
shall be attested by a person empowered to attest Vakalats.
Explanation :- The persons authorised to attest Vakalats are (1) Gazetted Officers (2) MLAs (3) M.Ps. (4)
Members of Zilla Parishads (5) Members of Panchayats (6) Municipal Members (7) A retired Gazetted
Officer receiving pension from Government (8) the Manager of the Office of the Commissioner,
Endowments Department (9) Any Inspector working under the Commissioner, Endowments Department
(10) An Advocate or Pleader other than the Advocate or Pleader in whose favour the Vakalatnama is
executed or appointment made or notary as defined in the Notaries Act, 1952 (Central Act 43 of 1952).
(2) The Election Officer on receiving a notice of the withdrawal under sub-rule (1) shall as soon as may be
cause a notice of the withdrawal in Form II-C to be affixed on the notice board of the Municipal Office. (3)
A candidate who has withdrawn his candidature under sub-rule (1) shall not be allowed to cancel the
withdrawal.
Rule 13
(1) On the expiry of the time allowed for withdrawal of candidature under Rule 12(1) the Election Officer
shall prepare a list in Form-IV of persons whose nominations have not been rejected and who have not
withdrawn their candidature which may be called as list of contesting candidates and publish it on the
notice board of the Municipal Office forth-with whether or not it is a public holiday and in any case atleast
twelve days before the date fixed for the election.
(2) The names of the candidates shall be arranged with reference to surnames of the candidates in
alphabetical order in Telugu. Where there is no surname, the proper name shall be taken into consideration
and when the initials only precede the proper name, the initials have to be ignored while arranging the
names in the list of contesting candidates. If a poll is found to be necessary, the Election Officer shall also
specify the distinctive symbols assigned to them under sub-rule (3):
Provided that if two or more candidates bear the same name, they shall be distinguished by the addition of
their occupation or residence or in some other manner. The names of such candidates should be arranged in
the order in which their nominations were received by the Election Officer.
(3) If a poll is found to be necessary the Election Officer shall assign to each candidate, subject to such
directions as may be issued by the Election Authority in that behalf, a distinctive symbol:
Provided that a candidate set up by a National Party for the election of Chairperson of a
Municipality/Nagar Panchayat shall choose and shall be allotted the symbol reserved for that party and no
other symbol. A candidate set up by a State Party for the election of Chairperson of a Municipality/Nagar
Panchayat shall choose and shall be allotted the symbol reserved for that party and no other symbol. A
reserved symbol shall not be chosen by or allotted to any candidate other than a candidate set up a National
Party for whom such symbol has been reserved or a candidate set up by a State Party for whom such
symbol has been reserved in the State in which it is a State Party, even if no candidate has been set up by
such National or State Party. A symbol once assigned to a candidate shall not be altered, after a list of
contesting candidates is published.
Explanation :- A candidate shall be deemed to be set up by a National party or State Party, if the Candidate
has made a declaration to that effect in his nomination paper and the said candidate by a notice in writing to
that effect has, not later than 3.00 P.M. on the last day of withdrawal of candidatures, been delivered to the
Election Officer signed by the President, the Secretary or any other office, bearer authorised by the party to
send such notice and the name and specimen signature of the President, Secretary or such other office
bearer are communicated in advance to the Election Officer.
(4) In every case where a symbol has been assigned to a candidate under sub-rule (3) such candidate or his
election agent shall forthwith be informed of the symbol be assigned and be supplied with a specimen
thereof by the Election Officer.]
Rule 14
*[ After the list of contesting candidates is published under Rule 13, if there is only one contesting
candidate the Election Officer shall declare the candidate as duly elected. If the number of contesting
candidates is more than one, a poll be held. If there are no valid nominations to fill the seats, the Election
Officer shall start proceedings afresh for filling the said vacancy in all respects as if for a new election.
Rule 15
If *[after the publication of list of contesting candidates] a poll has become necessary and before the poll is
taken, a candidate who has been duly nominated dies, the Election Officer shall, upon being satisfied of the
fact of the death of the candidate, countermand the poll and the election proceedings shall be started afresh
in all respects as for a new elections:
Provided that no fresh nomination shall be necessary in the case of a candidate who stood nominated at the
time of countermanding of the poll;
Provided further that no person who had under sub-rule (1) of *[Rule 12] given notice of withdrawal of his
candidature, before the countermanding of the poll shall be ineligible for being nominated as a candidate
for the election after such countermanding.
Rule 16
(1) Every person nominated as a candidate for an election may appoint in writing some other person to be
his election agent. The appointment shall be in Form-V and notice of appointment shall be given in writing
to the Election Officer.
(2) When a candidate for election appoints some person to be his election agent, he shall obtain in writing,
the acceptance by such person for the office of such election agent.
(3) No person shall be appointed as an election agent who is disqualified under Section 15 of the Andhra
Pradesh Municipalities Act, 1965, excepting those mentioned in Clauses (f) and (g) of sub-section (2)
thereof.
(4)
(i) Any revocation of the appointment of an election agent shall be signed by the candidate and shall
operate from the date on which it is lodged with the Election Officer.
(ii) In the event of such revocation or of the death of an election agent, the candidate may appoint in like
manner another person to be his election agent; and when such appointment is made, notice thereof shall be
given in the manner laid down in sub-rules (1) and (2) to the Election Officer.
(5) Every election agent shall perform such functions in connection with each election for which he is
appointed as election agent, as are required to be performed by such agent.
Rule 17
(1) When a poll is to be taken at the polling station each candidate or his election agent may appoint an
agent and two relief agents to act as polling agent of such candidate at each polling station or, where a
polling station has more than one polling booth, at each such polling booth for the poll as the case may be,
and such appointment shall be made by a letter in writing in duplicate in Form-VI signed by the candidate
for his election agent, if any, under intimation to the Election Officer atleast three days before the
commencement of the poll.
(2) The candidate or his election agent shall also deliver the duplicate copy of the letter of appointment to
the polling agent who shall, on the date fixed for the poll present the copy to and signed the declaration
contained therein before the Presiding Officer of the polling station where such polling agent is appointed
for duty and the presiding officer shall thereafter retain it in his custody. No polling agent shall be allowed
to perform any duty at the polling station or at place fixed for the poll unless he has complied with the
provisions of this sub-rule.
Rule 18
(1) Each candidate or his election agent may before the commencement of the counting of votes appoint a
counting agent of such candidate by a letter in writing in duplicate in Form VII signed by the candidate or
his election agent, if any.
(2) As soon as may be after the appointment of the counting agent of a candidate, and in any case before
the commencement of the counting of votes, the candidate or his election agent shall give notice of the
appointment of such counting agent to the Election Officer by forwarding to such Officer the letter of
appointment, referred to in sub-rule (1) thereof.
(3) The candidate or his election agent shall also deliver the duplicate copy of the letter of appointment to
the counting agent who shall, on the date fixed for the counting of votes present the copy to, and sign the
declaration contained therein before the Election Officer, and the Election Officer shall thereafter retain it
in his custody. No counting agent shall be allowed to perform any duty at the counting of votes unless he
has complied with the provisions of this sub-rule.
Rule 19
(1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election
agent as the case may be, such revocation shall operate from the date on which it is lodged with the
Election Officer and in the event of such revocation or of the death of a polling agent before the close of
the poll the candidate or his election agent may appoint another polling agent at any time before the poll is
closed and shall forthwith give notice of such appointment as laid down in Rule 18(1) to the Election
Officer.
(2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election
agent as the case may be. Such revocation shall operate from the date on which it is lodged with the
Election Officer. In the event of a revocation or of the death of counting agent at any time before the
counting of votes in commenced, the candidate or his election agent may appoint another person as the
counting agent and when an appointment is made, a notice of such appointment in the manner prescribed
above shall be given to the Election Officer.
Rule 20
(1) At every election where a poll is taken, each candidate at such election and his election agent shall have
a right to be present at any polling station.
(2) A candidate or his election agent may himself do any act or thing which any polling agent or the
counting agent of such candidate, if appointed would have been authorised by or under these rules to do, or
may assist any polling agent or the counting agent of such candidate in, doing any such candidate in, doing
any such act or things.
Rule 21
Where any act or thing is required or authorised by or under these rules to be done in the presence of the
polling or counting agent, the non-attendance, of any such agent or agents at the time and place appointed
for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
Rule 22
At an election in a ward where a poll is taken, any member of the Armed Forces of the Union or a member
of the Armed Police Force of the State serving outside the State may give his vote by a postal ballot and
such person shall not be entitled to give his vote in any other manner. The wife of any such person referred
to above may give her vote by postal ballot at any election in such ward where a poll is taken.
Rule 23
(1) Subject to the other provisions of these rules, a voter of a ward may if he is subjected to preventive
detention under any law for the time being in force, give his vote by postal ballot at any election in such
ward where a poll is taken.
(2) As soon as possible, after notice is published under Rule 5, the election officer shall as certain in
writing from the Collector of the District whether any voter in that Municipality/Nagar Panchayat is
subjected to preventive detention under any law for the time being in force. The Collector shall within ten
days from the date of receipt of such communication from the Election Officer forward list of names of any
such voters in that Municipality/Nagar Panchayat if any, together with their addresses and the particulars
about their place of detention to the Election officer.
(3) Any voter who is subjected to preventive detention under any Law for the time being in force or on his
behalf any member of his family may within fifteen days from the date of publication of the notice, apply
to the Election Officer of the ward for permission to give his vote by postal ballot at the election. Every
such application shall specify the name of the voter, his address, his serial number in the electoral roll and
the particulars reading his place of detention.
(4) If the Election Officer is satisfied that the person whose name has been forwarded under sub-rule (2) or
who has made an application under sub-rule (3) is under preventive detention and is a voter in the ward to
which the election relates and is entitled to vote at such election, he shall permit such person to give his
vote at the election by postal ballot.
(5) While granting any such permission, the Election Officer shall, at the same time, put letter P.B.' which
means that Postal Ballot paper has been issued, be recorded in such copy of the electoral roll in which such
person's name is registered and which is intended to be used at the polling station where such person
should, if he had not been under detention have normally voted, so as to indicate that such person has been
permitted to give vote at the election by postal ballot.
Rule 24
(1) The Election Officer shall, in the case of every voter who is entitled under Rule 22 or who has been
permitted under sub-rule (4) of Rule 23, to give his vote at the election by postal ballot, as soon as may be
after the publication under *[Rule 13] of the list of candidates at the election, send by registered post to
each such voter a ballot paper or papers along with the copy of instructions contained in Form VIII. He
shall note down the electoral Part Number and Serial Number of the elector as entered in the marked copy
of the electoral roll on the counterfoil of the ballot paper and detach the ballot paper from the counterfoil.
(2) Along with the ballot paper, the Election Officer shall also sent--
(a) a cover addressed to himself in Form IX;
(b) an envelope with the number of the ballot paper entered on its face; and
(c) a letter in Form X. The Election Officer shall have the number of the ballot paper entered at the left
hand bottom corner of the cover in Form IX.
(3) The ballot paper together with the cover envelope and letter shall be sent--
(a) in the case where the voter is a member of the Armed Forces of Union or a member of the Armed Police
Force of the State serving outside the State to the voter as shown in the electoral roll;
(b) in the case where the voter is a person subjected to preventive detention, to such voter at the place at the
place of his detention.
(4) After all the ballot papers have been issued under these rules, the Election Officer, shall seal in a
separate packet the counterfoils of the ballot papers issued to the voters entitled to vote under postal ballot
and record on the packet a brief description of its contents, and the date on which it was sealed.
(5) No election shall be invalidate by reason that a voter has not received his ballot paper or papers.
Rule 25
(1) Every voter on receiving his ballot paper sent under Rule 24 shall if he desires to vote at the election,
record his vote thereon and sign the declaration on its back in accordance with the letter and instruction
sent with the ballot paper.
(2) the voter shall then place the ballot paper in the envelope, close the envelope, enclose it in the cover and
send the cover tot the Election Officer in accordance with the instruction contained in the letter so as to
reach him before 5 p.m. on the date fixed in this behalf by the Election Officer. Any cover which is not
received by the Election Officer before 5 p.m. on the date so fixed shall be rejected. All such rejected
covers shall be kept in a separate sealed packet by the Election Officer.
Rule 26
A voter shall obtain attestation of his signature but not of his vote on the postal ballot paper by a Magistrate
to whom the voter is personally known or to whose satisfaction the voter has been identified; or
(a) in the case referred to in clause (a) of sub-rule (3) of Rule 24 by such officers as may be appointed in
this behalf by the commanding officers of the unit in which the voter is employed; and
(b) in the case referred to in clause (b) of sub-rule (3) of Rule 24 by the Superintendent of the Jail or the
commandant of the detention camp in which the voter is under detention.
Rule 27
(1) If a voter to whom ballot paper has been sent under Rule 24 is illiterate or is unable due to physical
incapacity to record his vote and sign the declaration on the back of the ballot paper in accordance with
provisions of Rule 25, it shall be competent for him to make his declaration and to record his vote by the
hand of any officer empowered to attest his signature and declaration under Rule 26.
(2) Any such voter as aforesaid may deliver the ballot paper together with the envelope and the cover
received by him from the Election Officer to any officer referred to in sub-rule (1) and such officer shall on
being so requested by the voter--
(a) certify on the back of the ballot paper the voter's incapacity; and
(b) attest the fact that he was requested by the voter
(i) to sign the declaration on the back of the ballot paper; and
(ii) to mark the ballot paper for him.
(3) Such Officer shall further certify that he has put the mark on the ballot paper in accordance with the
wishes of the voter and that the ballot paper was so signed and marked by him in the presence of the voter.
(4) Such Officer shall thereupon place the marked ballot paper in the envelope and close the same and
enclose it in the cover which he shall seal and handover to the voter. The voter shall then send the sealed
cover forthwith to the Election Officer in accordance with the instructions contained in the letter sent to the
voter along with the ballot paper so as to reach the Election Officer before 5 p.m. on the date fixed under
sub-rule (2) of Rule 25. Any cover which is not received by the Election Officer before 5 p.m. on such date
shall be rejected and kept along with the covers rejected under the said sub-rule.
Rule 28
(1) When a ballot paper and other connected papers sent by registered post under Rule 25, are for any
reason returned undelivered, the Election Officer may re-issue them by registered post.
(2) In cases where any voter has inadvertently dealt with his ballot paper or any of the connected papers in
such manner that the papers cannot conveniently by used, the Election Officer after satisfying himself of
the inadvertence may issue a second set of a ballot paper and other connected papers to the voter or the
voters returning the ballot paper and other connected papers. The papers so returned shall be marked as
cancelled by the Election Officer. The paper so cancelled shall be kept in a separate envelope set apart for
the purpose.
Rule 29
The Election Officer shall keep in safe custody until the commencement of the counting of votes of all
voters containing postal ballot papers received by him under Rule 25 or Rule 27.
Rule 30
(1) A polling station shall have one or more polling booths. If a poll has to be taken, the Election Officer
shall appoint forthwith a presiding officer and one or more Polling Officers, for each polling booth and may
pay them reasonable remuneration for their services. The Election Officer shall provide for each Presiding
Officer such number of clerks as may be necessary and may also, if necessary, appoint one or more
identifying officers to assist the Presiding Offices in identifying the electors. The polling personnel shall
not consist of any Members or an officer or other employee of the Municipality/Nagar Panchayat except
those appointed as identifying officers:
Provided that if a Polling Officer is absent from the polling Station, the Presiding Officer may appoint any
person who is present at the polling station other than a person who has been employed by or on behalf of
or has been otherwise working for a candidate in or about the election, to be the Polling Officer during the
absence of the former Officer and inform the Election Officer, accordingly;
Provided further that nothing in this sub-rule shall prevent the Election Officer from appointing the same
person to be the Presiding Officer for more than one polling station in the same premises.
(2) A Polling Officer shall, if so directed by the Presiding Officer perform all or any of the functions of a
Presiding Officer under these rules or any rule or orders made thereunder.
(3) If the Presiding Officer owing to illness or other unavoidable cause is obliged to absent himself from
the polling station, his function shall be performed by such polling officer as has been previously
authorised by the Election Officer to perform such functions during any such absence.
(4) The Presiding Officer shall keep order at the Polling station; shall see that the election is fairly
conducted; shall regulate the number of electors to be admitted at one time and shall exclude all other
persons except--
(a) the candidates and at each booth one agent of each candidate at a time (hereinafter referred to as the
polling agent;)
(b) the Police or other public servants on duty;
(c) his own clerks and such persons as the Presiding Officer may from time to time admit for the purpose of
identifying electors;
(d) a child in arms accompanying a voter; and
(e) the companion of blind and inform voters who cannot move without help.
(5)
(1) Where a woman elector cannot be identified by the identification officers appointed under sub-rule (1)
by reason of her observing Purdah'; she may be required to be identified by any of her near relatives unless
she otherwise satisfies the Presiding Officer of her identity.
(2) If any question arises as to whether a person is or is not a near relative within the meaning of clause (a)
above, it shall be decided by the Presiding Officer and his decision shall be final.
(6) It shall be the duty of Polling Officers and clerks provided by the Election Officer at a Polling
Station/Booth to assist the Presiding Officer for such station/booth in the performance of his functions.
Rule 31
Each Polling Station and at a polling station having more than one polling booth, each such booth shall
contain a separate compartment in which electors can record their votes screened from observation. As far
as possible, separate compartments and separate entrances and exits shall, where action is not taken under
Rule 32, be provided for women electors.
Rule 32
Notwithstanding anything herein before contained, the Election Officer may, at its discretion, if sufficient
number of women suitable and willing to act as Polling Officer are available, provide a separate polling
station for taking the votes of women electors for any polling area or make such other arrangements as may
be necessary to ensure the privacy of such electors.
Rule 33
(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
meters of the Polling Station:
(a) canvassing for votes; or
(b) soliciting the vote of any elector; or
(c) persuading any voter not to vote for any particular candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or sign (other than an official notice)relating to the election.
(2) Any person who contravenes the provision of sub-rule (1) shall be punishable with fine which may
extend to one hundred rupees.
Rule 34
The Election Officer shall provide at each Polling Station sufficient number of ballot-boxes together with
copies of the electoral roll or such part thereof containing the names of the electors entitled to vote at the
station and such other papers, and articles necessary for electors to mark the ballot papers, stationery and
forms as may be necessary. He shall further display in bold and clear manner the name of each candidate,
the serial number and the symbol assigned to him and the seal for which the election is held. The Election
Officer should also display a notice specifying the Polling area the electors of which are entitled to vote at
the polling station.
Rule 35
(1) Where a paper seal is used for securing a ballot box, the Presiding Officer shall affix his own signature
on the paper seal and obtain thereon the signature of such of the candidates or their polling agents present
who are desirous of affixing the same.
(2) The Presiding Officer shall thereafter fix the paper seal so signed in the space meant thereof in the
ballot box and shall then secure and seal the Box in such manner that the slit for the insertion of ballot
paper therein remains open.
(3) the seals used for securing a ballot box shall be affixed in such manner that after the box has been
closed it is not possible to open it without breaking the seal.
(4) Where it is not necessary to use paper seals for securing the ballot boxes, the Presiding Officer shall
secure and seal the ballot box in such manner that the slit for the insertion of ballot paper remains open and
shall allow the polling agents present to affix if they so desire their seals.
(5) Every ballot-box used at a polling station shall bear labels both inside and outside marked with--
(a) the serial number if any, and name of the ward;
(b) the serial number and name of the Polling Station;
(c) the serial number of the ballot-box to be filled in at the end of the poll on the label outside the ballot-
box only; and
(d) the date of poll.
(6) Immediately before the commencement of the poll, the Presiding Officer shall demonstrate to the
polling agents and other persons present that the ballot-box is empty and bears the labels referred to in sub-
rule (5).
(7) The ballot-box shall be closed, sealed and secured and placed them in full view of the Presiding Officer
and the polling agents.
(8) Before the polling station is opened for the recording of the votes the Presiding Officer shall read to
such persons as may be present the provisions of Section 18 of the Act, and shall explain the substance
thereof in the main language of the District.
Rule35A
Immediately before the commencement of the Poll, the Presiding Officer shall also demonstrate to the
polling agents and others present that the marked copy of the electoral roll to be used during the poll does
not contain, any entry other than that made in pursuance of the Rules 22, 23, 24 and 48 and any mark other
than the mark made in pursuance of the Rules 22, 23, 24 and 48.
Rule36
The manner of voting shall be by way of marking system. Every ballot-paper shall be in Form XI which
shall be in such colour as may be specified by the Election Authority.
Rule 37
Every ballot paper, before it is issued to an Election and counterfoil attached thereto, shall be stamped in
the back with such distinguishing mark as the Election Authority may direct and every ballot paper before
it is issued shall be signed in full on its back by the Presiding Officer.
Rule 38
(1) Every elector who applies for a ballot paper or ballot papers for the purpose of voting at a polling
station, shall, before receiving such paper or papers; allow--
(a) the Inspection of his left fore-finger by the Polling Officer; and
(b) an indelible ink mark to be put on his left fore-finger.
(2) if any such elector--
(a) refused to allow such inspection of his left fore-finger; or
(b) refuses to allow an indelible ink mark to be put on his left fore-finger; or
(c) refuses to put his signature or thumb impression on the counterfoil; or
(d) does any act in order to remove any such mark after it has been put; he shall not be entitled to be
supplied with any ballot paper or to record his vote at the election.
(3) A person who is already having a mark on his left fore-finger at the time he enters the Polling Station
shall not be supplied with any ballot paper.
(4) Any reference in this rule to the left fore-finger of an elector shall in the case where the elector has no
left forefinger, be construed as a reference to any other finger of his left hand and shall in the case whether
there are no fingers on his left hand be construed as a reference to the forefinger or any other finger of his
right hand and shall in the case where he has no finger on his right hand and shall in the case where he has
no finger on both the hands be construed as a reference to such extremity of his right or left arm as he
possess.
(5) The Polling Officer shall, at the time of delivery of the ballot paper to an elector, underline the entry of
the voter in the marked copy of the electoral roll in his possession to denote that such voter has received a
ballot paper.
(6) in deciding the right of persons to obtain a ballot paper under this rule, the Presiding Officer at any
polling station may interpret an entry in the electoral roll so as to overlook merely clerical or printing
errors, provided that he is satisfied that such person is identical with the voter to whom such entry relates.
Rule 39
An elector shall be given only one ballot paper.
Rule 40
Immediately before any ballot paper is delivered to an elector--
(a) the number, name and description of the elector as stated in the electoral roll shall be called out; and
(b) The Polling Officer shall record the electoral roll, Part No. and Serial No. of the voter as entered in the
marked copy of the electoral roll on the counter foil of the ballot paper and obtain his signature or thumb
impression thereon.
Rule 41
(1) The elector on receiving the ballot paper shall forthwith--
(a) proceed to one of the voting compartments;
(b) there make a mark on the ballot paper with the instrument supplied for the purpose on or near the
symbol of the candidate for whom he intends to vote;
(c) fold the ballot-paper so as to conceal his vote;
(d) if required, show to the Presiding Officer the distinguishing mark of the ballot paper;
(e) insert the folded ballot paper into the ballot box; and
(f) quit the polling station.
(2) Every elector shall vote without undue delay.
(3) No elector shall be allowed to enter a *[voting compartment] when another elector is inside it.
(4) Every elector to whom a ballot paper under Rule 37 or under any other provision of these rules shall
maintain secrecy of voting within the polling station and for that purpose observe the voting procedure
therein laid down.
(5) If an elector to whom a ballot paper has been issued refuses after warning given by the Presiding
Officer to observe the procedure as laid down in sub-rules (1) and (2), the ballot paper issued to him shall
whether he has accorded his vote thereon or not be taken back from him by the Presiding Officer or a
Polling Officer under the direction of the Presiding Officer.
(6) After the ballot paper has been taken back the Presiding Officer shall record on its back the words
"cancelled-voting procedure violated' and put his signature below those words.
(7) All the ballot papers on which the words "cancelled-voting procedure violated" are recorded shall be
kept in a separate cover which shall bear on its face the words "Ballot papers; voting procedure violated".
(8) Without prejudice to any other penalty to which an elector from whom a ballot paper has been taken
back under sub-rule (5) may be liable the vote, if any recorded on such ballot paper shall not be counted.
Rule 42
(1) If the Presiding Officer is satisfied that owing to blindness or other physical infirmity and elector is
unable to recognise the symbols on the ballot paper or to make a mark thereon without assistance the
Presiding Officer shall permit the elector to take with him a companion of the age not less than eighteen
years to the voting compartment for recording the vote on the ballot paper on his behalf and in accordance
with his wishes and if necessary for folding the ballot paper so as to conceal the vote and insert it into the
ballot box:
Provided that no person shall be permitted to act as the companion of more than one elector at any polling
both on the same day;
Provided further that when any person is permitted to act as the companion of an elector on any day under
this rule the person shall be required to declare that he shall keep secret the vote recorded by him on behalf
of the elector and that he has not already acted as the companion of any other elector at any polling booth
on that day.
(2) The Presiding Officer shall keep declarations in Form-XI-A and the list in Form XI-B in sealed covers
and send them to the Election Officer along with the other covers.
Rule 43
Special facilities in accordance with the instructions if any issued by the election authority in that behalf
may be accorded to women electors.
Rule 44
(1) When a person presents himself to vote *[ .................... ] before a ballot paper is supplied to him the
Presiding Officer may on his own accord and shall if so required by a candidate or polling agent put to such
either or both of the following questions--
(i) are you the person enrolled as follows (reading the whole entry from the roll)
(ii) have you already voted at the present election at this polling station and the persons shall not be
supplied with a ballot paper unless he gives an unqualified answer to the first question or question put to
him and unless his answer to the first question is in the affirmative and the second is in the negative. Except
as mentioned herein and subject to the provisions of *[Section 11] of the Act every person whose name is
found on the electoral roll shall be entitled to be supplied with a ballot paper.
(2) No person shall vote at an election in more than one ward of the same class and if a person votes in
more than one such ward his votes in all such wards shall be void.
(3) No person shall at any election vote in the same ward more than once notwithstanding that his name has
been registered in the electoral roll for that ward more than once and if he does so vote, all his votes in that
ward shall be void.
(4) No person shall vote at any election if he is confined in prison whether under a sentence of
imprisonment or transportation or otherwise or is in the lawful custody of the Police:
Provided that nothing in this sub-rule shall apply to a person subjected to preventive detention under any
law for the time being in force.
Rule 45
(1) If a person representing himself to be a particular elector applies for a ballot paper after another person
has already voted as such elector he shall on satisfactorily answering such questions relating to his identity
as the Presiding Officer may ask be entitled subject to the following provisions of this rule to mark a ballot
paper hereinafter in these rules referred to as a tendered ballot paper" in the same manner as any other
elector.
(2) Every such person shall before being supplied with a tendered ballot paper, sign his name against the
entry relating to him in a list in Form XII.
(3) A tendered ballot paper shall be the same as the other ballot papers used at the polling except that it
shall be--
(a) serially the last in the bundle of the ballot-papers issued for use of the polling station; and
(b) endorsed on the back of the ballot paper and its counterfoil with the words "Tendered ballot paper" by
the Presiding Officer in his own hand duly signed by him.
(4) The elector, after making a tendered ballot paper in the voting compartment and folding it, shall, instead
of putting it into the ballot-box, give it to the Presiding Officer, who shall place it in a cover specially kept
for the purpose.
Rule 46
(1) If any candidate, polling agent or election agent declares and undertakes to prove that any person by
applying for a ballot paper has committed the offence of personation, the Presiding Officer shall call upon
the candidate or the agent bringing forward the charges of personation to deposit with him a sum of five
rupees in cash. A separate deposit shall be required for proceedings with each of personation. If such
deposit is not make the Presiding Officer shall ignore the challenge.
(2) Immediately the deposit required by sub-rule (1) has been made, the Presiding Officer shall obtain a
written statement in Form XIII which shall be signed by the candidate or the agent, as the case may be in
the presence of the Presiding Officer.
(3) The Presiding Officer shall then require the applicant for the ballot paper to enter in the list of
challenged votes (which shall be in Form XIV) his name and address or if he is unable to write, to affix his
thumb impression thereto and may further require such person to produce evidence of identification.
(4) If the applicant for the ballot paper on being questioned in the manner provided in Rule 44 gives
unqualified answer to the first question in the affirmative and to the second in the negative, he shall be
allowed to vote after he has been informed of the penalty for personation. If, after the enquiry, the
Presiding Officer considers that the challenge has not been established, he shall allow the person
challenged to vote; and if he considers that the challenge has been established, he shall debar the person
challenged from voting.
(5) If the Presiding Officer is of the opinion that the challenge is frivolous or has not been made in good
faith, he shall direct that the deposit made under sub-rule (1) be forfeited to the municipality and in any
other case, he shall return it to the challenger at the conclusion of the inquiry.
(6) If the Presiding Officer shall at the close of the poll, forward to the Election Officer the statement
mentioned in sub- rule (2) enclosed in the packet containing the list of challenged votes.
(7) The Election Officer may immediately make such investigation as may be necessary and take steps to
prosecute the person or persons whom he believes to be guilty of the offence of personation. He shall,
however, stay the investigation, if notice of an election petition filed before the Election Tribunal and
relating to the case under investigation is received and shall resume the investigation after the disposal of
the said petition. If it is found as a result of the judicial trial connected with the prosecution that the offence
of personation has not been proved, the Election Officer shall order forfeiture of the deposit. In coming to a
decision on this point the Election Officer shall be guided by the facts and conclusions recorded at the trial.
If there is no such judicial trial, the Election Officer shall at his discretion, decide whether having regard to
the relevant circumstances, the deposit shall be declared to have been forfeited to the Muncipal
Council/Nagar Panchayat. The deposit as has not been declared to have been forfeited shall be returned to
the person whom made the deposit.
Rule 47
*[(1) An electoral who has inadvertently dealt with his ballot paper in such a manner that it cannot be
conveniently used as a ballot paper may on returning it to the presiding officer and satisfying him of the
inadvertence obtain another ballot paper in place of the spoilt one the later on being marked as "Spoilt :
cancelled" by the Presiding Officer.]
(2) If a elector, after obtaining a ballot paper decides not to use it, he shall return it to the Presiding Officer
and the ballot paper and the counterfoil thereof shall be marked as Cancelled' by the Presiding Officer.
(3) All ballot papers cancelled under sub-rule (1) and sub-rule (2) shall be kept in a separate packet.
Rule 48
(1) A Presiding Officer, Polling Officer, Public Servant, Polling agent, or Election agent who being entitled
to vote in the wards if duly appointed or authorised for duty at a polling station at which he is not ordinarily
entitled to record his vote, may apply to the Election Officer, concerned for a certificate entitling him to
record his vote at the polling station where he is employed. The said certificate shall be in Form XV.
(2) If a Presiding Officer, Polling Officer, Public Servant, Polling agent or Election agent is on duty at a
polling station not relating to the ward in which he is entitled to record his vote, the Election Officer shall
in addition to the certificate mentioned above furnish the Presiding Officer concerned with particulars
regarding the vote which an elector is entitled to give and the names of and serial number and symbols
assigned to the candidates, standing for election in that ward together with a ballot paper relating to such
ward and envelope.
(3) The Election Officer shall in either case immediately send a copy of the certificate to the Presiding
Officer of the polling station at which the person, to whom the certificate is issued, is ordinarily entitled to
record his vote.
(4) A person in possession of a certificate in the form prescribed in sub-rule
(1) shall deliver the certificate to the Presiding Officer who shall there upon issue to the person, ballot
paper in the same manner as to any other elector. Such ballot paper shall be dealt with in the following
manner--
(i) If the polling station at which the person is on duty relates to the ward in which he is entitled to vote,
then the provisions contained in Rules 39 and 41 shall apply. The Presiding Officer shall at the end of the
poll send the certificate to the Election Officer along with the statement mentioned in sub-rule (5) of Rule
51.
(ii) If the polling station at which the person is on duty be not in the ward in which he is entitled to vote, the
Presiding Officer shall issue the ballot paper with instructions similar to those contained in item (ii) of sub-
rule (1) of Rule 44. The person shall proceed into the polling compartment and mark the ballot paper and
place in an envelope. He shall then stick the envelope and handover the cover to the Presiding Officer. The
Presiding Officer shall make up into separate packets for each ward, the covers in which votes have been so
recorded to the connected certificate being fastened to the covers, seal up each such packet in the manner
specified in Rule 51 and forward the same to the Election Officer.
Rule 49
(1)
(a) Where the proceedings at any polling station are seriously interrupted or obstructed by any riot or open
violence or otherwise or where a large number of electors are unable to attend the poll at a polling station
by reason of natural calamities such as flood or fire or any other sufficient cause, the Presiding Officer shall
stop the poll, pending the receipt of the orders of the Election Authority. The fact that the poll has been so
stopped shall be immediately announced by the Presiding Officer to the persons present at the polling
station.
(b) If the Presiding Officer considers it necessary to stop polling for a short interval due to heavy rain or
dislocation of work in the polling booth for some reason or the other, etc., or disturbance of peace in the
neighbourhood of the polling booth due to high tension among the public he can do so by informing the
public to that effect under intimation to the Election Officer. In such an event, the poll can be resumed and
continued beyond the period fixed for the poll to the extent of the time for which the poll was stopped.
(2) Where a Presiding Officer stops a poll under sub-rule (1)(a), he shall observe the procedure laid down
in Rule 51 and forthwith make a full report of the circumstances to the Election Officer who shall forward
the same expeditiously with his remarks thereon, if any, to the Election authority.
(3) *[The Election Authority shall thereupon order under the direction of the State Election Commission
order]--
(a) that the poll be continued at the polling station for the number of hours for which it was not held on the
previous occasion, provided that not less than 50% of the voters had cast their votes; or
(b) that the proceedings at the poll held at the polling station on the previous occasion be ignored and that a
fresh poll he held at such polling station for the full number of hours for which it should have been held on
the previous occasion. Any order passed by the Election Authority under this sub-rule shall be final.
(4) Any order passed under sub-rule (3) shall--
(a) State--
(i) the date on which and the hours between which the continuation poll or the fresh poll, as the case may
be, shall be held; and
(ii) the date on which and the place and hour at which, the Election Officer, will commence the counting of
the votes under Rule 53, and
(b) be published in the manner laid down in Rule 5 not less then seven days before the date fixed for the
continuation poll or for the fresh poll as the case may be.
(5)
(a) Where an order is passed under Clause (a) of sub-rule (3) for the continuation of poll, Election Officer
shall proceed afresh under sub-rule (1) of the Rule 30 and return to the Presiding Officer appointed under
that sub-rule, all the packets received by him under sub-rule (2) of this rule.
(b) The Presiding Officer shall open the packets just before the commencement of the continuation poll in
the presence of such persons as may be present at the polling station and commence such poll precisely at
the hour fixed therefor in the order passed by the Election Authority under clause (a) of sub-rule (3).
(c) At the continuation poll, the Presiding Officer shall allow only such electors to vote who did not vote on
the previous occasion.
(6) Where an order is passed under Clause (b) of sub-rule (3) for holding a fresh poll, the Election Officer
shall proceed afresh under sub-rule (1) of Rule 30 and a fresh poll shall be held at the polling station
concerned in accordance with the provisions of these rules in all aspects as if it were being held at such
polling station for the first time.
Explanation :- There shall be no fresh nominations in cases falling under this sub-rule.
(7) Notwithstanding anything contained in this rule, if a candidate dies at any time before orders are passed
by the Election Authority under sub-rule (3) or at any time after the passing of such orders but before the
commencement of the continuation poll or of the fresh poll, as the case may be, the Election Officer shall
upon being satisfied of the fact of the death of the candidate, intimate such fact to the Election Authority
and, stop all further proceedings in connection with the election and start election proceedings afresh in all
respects as if for a new election:
Provided that no fresh nomination shall be necessary in the case of the remaining candidates who stood
nominated at the time when the poll was stopped.
Rule 50
(1) If at any election a ballot is unlawfully taken out of the custody of the Election Officer or the Presiding
Officer and is in any way tampered with or is either accidentally or intentionally destroyed or lost, or any
such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a
place fixed for the poll, the election to which such ballot box relates shall be valid but only in respect of the
polling at the polling station or stations at which such ballot box was used and no further:
Provided that where a polling station more than one polling booth and any such ballot box as aforesaid was
used at any of such polling booths in the elections to which such ballot box relates shall be void but only in
respect of the polling at the polling booth at which such box was used and no further:
Provided further that if at any election, any such error or irregularity in procedure as is likely to vitiate the
poll is committed at a polling station or at a place fixed for the poll, such election shall also be void, but
only in respect of the polling at the polling station or place and no further.
(2) Whenever the election at any polling station or at any polling booth shall become void under sub-rule
(1), the Election Officer shall, as soon as practicable after the act or event causing such violence has come
to his knowledge, report the matter to the Election Authority. The Election Authority shall, with the
previous approval of the *[State Election Commissioner], appoint a day for taking a fresh polling in such
polling station or in such polling booth as the case may be, and fix the hours for the taking of such poll. The
votes cast at such election shall be counted along with the votes cast at the original poll.
(3) In every such case as aforesaid, the Election Officer shall take fresh poll in such polling station or in
such polling booth, as aforesaid on the day so appointed by the Election Authority and shall notify the day
so appointed and the hours of polling so fixed in such manner as the *[State Election Commission] may
direct and the provisions of the Act and of any rules or orders made thereunder shall apply to every such
fresh poll as they apply, to the original poll.
Rule 51
(1) The Presiding Officer shall close the polling station at the hour appointed for closing under Rule 5 or
sub-rules (1)(b) and (4) of Rule 49 as the case may be, and shall not thereafter admit any elector into a
polling station:
Provided that all electors present at the polling station before it is closed shall be allowed to cast their votes.
(2) If any question arises as to whether any elector shall, for the purpose of the proviso to sub-rule (1) be
deemed to be present within the polling station before it is closed, the question shall be referred to the
Presiding Officer whose decision shall be final.
(3) The Presiding Officer of each polling station, as soon as practicable after the close of the poll, shall
close the slit of the ballot box and where the box does not contain any mechanical device for closing the
suit, he shall seal up the slit and also allow any polling agent present to affix his seal. The ballot box
thereafter be sealed and secured.
(4) The Presiding Officer of each polling station as soon as practicable after the close of the poll, shall in
the presence of any candidate, polling agent or election agent who may be present make up into separate
packets and seal with his own seal and the seals of such candidates or agents as may decide to affix their
seals--
(i) the tendered ballot papers;
(ii) the unused ballot papers or ballot papers with counterfoils or foils;
(iii) the spoilt ballot papers;
(iii-a) the counterfoils is issued ballot papers including tendered ballot papers;
(iv) the marked copy of the electoral roll;
(v) the tendered votes list;
(vi) the list of challenged votes with the statement or statement mentioned in sub-rule (2) of Rule 46;
(vii) the covers referred to clause (ii) of sub-rule (4) of Rule 48; and
(viii) any other paper directed by the Election Officer to be kept in a sealed cover.
(5) Each packet shall be numbered and shall bear a note as to its contents, the name of the polling station
and name and number of the ward where no vote has been recorded at any polling station, the Presiding
Officer shall submit a nil report together with the statement in Form XVI referred to in sub-rule (6).
(6) The packet shall be accompanied by a statement in a separate cover in Form XVI, made by the
Presiding Officer showing the number of ballot papers in the ballot boxes, unused, spoilt and tendered
ballot papers.
Rule 52
(1) The Presiding Officer shall then, as soon as may be, deliver the ballot boxes and all packets and papers
used at the polling station or cause them to be delivered to the Election Officer at such places as he may
direct.
(2) The Election Officer shall make adequate arrangements for the safe transport of any ballot boxes,
packets and other papers referred to in this rule from polling stations and for their safe custody until the
commencement of the counting of votes.
Rule 53
(1) The counting of votes shall commence on the day and at the place and hour appointed in that behalf.
Votes shall be counted by, or under the supervision of the Election Officer. Each candidate, the election
agent of each candidate and counting agent of each candidate shall have a right to be present at the time of
counting. No other person shall be allowed to be present except such person as the Election Officer may
appoint to assist him in counting the vote and no person shall be appointed to assist him in counting the
votes who has been employed by or on behalf of any candidate for any purpose whatsoever connected with
the election.
(2) The Election Officer shall before he commences to count the votes read out the provisions of Section 18
of the Act to such persons as may be present and shall then count and check all the ballot boxes placed for
the counting of votes and satisfy himself that all such ballot boxes as contain the ballot papers which are to
be counted at such place have been received and accounted for.
(3) The Election Officer shall allow the candidates and their election agents and counting agents present at
the counting, reasonable opportunities to inspect the ballot boxes and their seals for satisfying themselves
that they are in tact.
(4) If any ballot box is found by the Election Officer to have been tampered or interfered with or destroyed
or lost and if at any time before counting of votes is completed any ballot papers used at a polling station or
at a place fixed for the poll are unlawfully taken out of the custody of the Election Officer or are
accidentally or intentionally destroyed or lost or damaged or tampered with to such an extent that the result
of the poll at the polling station or place cannot be ascertained, the Election Officer shall postpone the
counting of votes and shall follow the procedure laid down in Rule 50. After the fresh poll under that rule
has been completed he shall recommence the counting on the date at the time and place appointed by him
in this behalf of which notice has been previously given to the candidates and their counting agents.
(5) The ballot boxes relating to all polling stations and all envelopes pertaining thereto enclosed in covers
which may have been received, shall be opened one after another according to the serial number of the
polling station. The Election Officer shall take out the ballot papers therefrom, count them and record the
total number of votes secured by the candidate concerned in a statement.
(6) The Election Officer shall allow the candidates and their agents reasonable opportunities to inspect,
without handling the ballot papers which in his opinion are liable to be rejected. He shall endorse the word
"rejected" on every ballot paper which is rejected. If any candidate or agent present questions the
correctness of the rejection, he shall also record on the ballot papers the grounds for the rejection.
(7) The Election Officer shall, as far as practicable, proceed continuously with the counting of the votes
and shall, during any necessary intervals in which the counting has to be suspended, place the ballot papers,
packets and other documents relating to the election under his own seal and the seals of such candidates or
agents as may desire to affix them and shall cause adequate precautions to be taken for their custody.
Rule 54
(1) A ballot shall be rejected if--
(a) the mark is not made thereon; or
(b) the mark is set opposite the name of more than one candidate or is so placed as to render it doubtful to
which candidate it is intended to apply; or
(c) the mark and some other figures are set opposite the name of same candidate; or
(d) it bears any mark of writing by which the elector can be identified; or
(e) is a spurious one; or
(f) it is so damaged or that its identify as a genuine ballot paper, cannot be identified; or
(g) bears the marks belonging to a ward different from that of the ballot box in which it is found:
Provided that a ballot paper shall not be rejected under clause (e) if the Election Officer is satisfied beyond
reasonable doubt that the ballot paper was the one issued by the Presiding Officer of the Polling Station
concerned.
(2) A postal ballot paper which is not duly marked, or on which--
(a) more than one mark is placed against any candidate's name; or
(b) votes are given to more candidates than one candidate to be elected; or
(c) a mark is placed in such a manner as to make it doubtful to which candidate it has been given; or
(d) the signature of the voter is not duly attested, shall be invalid.
(3) The decision of the Election Officer as to the validity of a ballot paper or a postal ballot paper shall be
final, subject only to reversal on an election petition.
Rule 55
(1) After the Election Officer has completed the scrutiny and counting of votes, he shall prepare a return of
the results of the polling in Form XVII and shall subject to the provisions of Rule 59 declare that the
candidate who has secured the largest number of valid votes has been duly elected.
(2) Any candidate or his agent shall, on application, be permitted to take a copy of an extract from the
return in Form XVII.
Rule 56
(1) The Election Officer shall not open the sealed packets containing tendered ballot papers and the marked
copy of the electoral roll. He shall verify the statement submitted by the Presiding Officer under sub-rule
(6) of Rule 51 by comparing it with the number of accepted ballot papers, rejected ballot papers and unused
ballot papers in his possession.
(2) The Election Officer shall then make up into separate bundles in respect of each candidate--
(i) such of the ballot papers as have been accepted as valid; and
(ii) the remaining ballot papers which have been rejected as invalid he shall then make up both the bundles
into one packet and seal the packet with his own seal. He shall also reclose and reseal each of the other
packets which were opened by him and record on each such packet a description of its contents.
Rule 57
(1) In case the Commissioner is not the Election Officer, the Election Officer shall after declaring the
result, forward a copy of the return to the Commissioner of the Municipality/Nagar Panchayat concerned
and shall handover to the Officer authorised by the Election Authority the packets of ballot papers, whether
counted, rejected or tendered and the counter-foils of the used ballot papers. These packets shall not be
opened and their contents shall not be inspected or produced except under the orders of the election tribunal
or other competent court.
(2) The Officer so authorised shall retain the packets and the marked copies of the electoral roll for a year
and shall them, unless otherwise directed by the orders of an election tribunal or other competent court,
cause them to be destroyed.
Rule 58
(1) If any person has been elected as a Member of a ward or wards and also as Chairperson of the
Municipality/Nagar Panchayat, he shall, by notice in writing signed by him, intimate to the Election Officer
as to whether he chooses to be Chairperson or Member, to serve. Such intimation shall reach the Election
Officer, within 15 days of the declaration of the last result of elections of the Municipality/Nagar
Panchayat.
(2) On receipt of the intimation, the Election Officer, shall declare the said person to have been elected to
the office of the Chairperson or a Member chosen by him. In default of such intimation, the Election
Officer shall declare him to have been elected to the office of the Chairperson. In that case, election
proceedings shall be started afresh for filling up the vacancy or vacancies to the office of the Member for
which such person has been elected.
Rule 59
If there is an equality of votes between any two or more candidates, the Election Officer, shall, after notice
to the candidates concerned, decide by drawing of lots which candidate or candidates shall be declared to
have been elected. The Election Officer shall permit the contesting to have been elected. The Election
Officer shall permit the contesting candidates if so desired, to sign on the chits before drawing lots.
Rule 60
(1) The name of the candidate duly elected shall be forwarded with no delay by the Election Officer to the
Director of Printing and Stationery, Government Central Press, Hyderabad for publication in the Andhra
Pradesh Gazette and shall also be published on the notice board of the Municipal Office.
(2) The Election Officer shall intimate the name of the candidate elected to the office of the Chairperson of
the Municipality/Nagar Panchayat together with his address to the Election Authority and the Collector
concerned and in case of first, second and third grade municipalities to the Revenue Divisional Officer
concerned also.
Rule 61
The date on which a candidate is declared by the Election Officer under these rules to have been elected as
Chairperson of a Municipal Council/Nagar Panchayat shall be the date of election of the Chairperson
irrespective of the date of publication of the result in the Gazette.
Rule 62
(1) If any question arises as to the interpretation of these rules, otherwise than in connection with an
enquiry held under the rules for the decision of disputes as to the validity of an election, the question shall
be referred to the Government whose decision shall be final:
Provided that the *[State Election Commission] shall not entertain any petition relating to irregularities that
arise from the time of calling for nominations and till the declaration of results. Such cases shall be decided
by the Election Tribunal.
(2) Pending the decision of the *[State Election Commission] on any such reference made to them or the
issue of final orders on any enquiry which the *[State Election Commission] may institute upon receipt of
information that an election is being or about to be held in contravention of the rules, it shall be lawful for
the *[State Election Commission] to direct the stay of the election proceedings at any stage thereto prior to
the declaration of the results. Any election held or continued in contravention of the orders of the *[State
Election Commission] under this rule, shall be void and of no effect whatsoever.
(3) Unless it is otherwise ordered by the *[State Election Commission], election proceedings stayed under
this rule shall, on cancellation of the stay order, proceed from the stage at which they were stayed on fresh
dates, to be fixed.
(4) If any difficulty arises as to the holding of any election under these rules, the *[State Election
Commission], may, by order, do anything not inconsistent with these rules which appears to them
necessary for the proper holding of the election.
Rule 63
Notwithstanding anything contained in the foregoing rules, the *[State Election Commission] or the
Election Authority may, for special reasons empower the Election Officer to fix dates and periods other
than those specified by or under these rules, for all or any of the stages of the election proceedings
connected therewith.
Rule 64
Notwithstanding anything contained in these rules prescribing the period for various stages of election, if
due to any unexpected cause any holiday is declared, the next working day shall be deemed to have been
fixed for that purpose and the subsequent period will be reduced to that extent.
Rule 65 Maximum election expenses
(1) No expenses, exceeding such amount, as may be specified by the State Election Commission, by
notification, from time to time, shall be incurred or authorised to be incurred by a contesting candidate or
his election agent, if any or on account of or in connection with the conduct and management of an election
to the office of Chairperson.
(2) Every candidate at an election shall, either by himself or by his election agent, keep a separate and
correct day to day account of all expenditure in connection with the election, incurred or authorised to be
incurred by him, or by his election agent between the date on which he has been nominated and the date of
declaration of the result thereof, both dates inclusive.
(3) It shall be competent for the State Election Commission to issue such instructions, as they may deem
necessary, for the purposes of carrying out the provisions of sub-rules (1) and (2) thereof.]
APPENDIX 1 Nomination paper to be filled by the Candidate
FORM
[See Rule 6(1) and (4)]
FORM - I
Nomination paper to be filled by the Candidate
[See Rule 6(1) and (4)]
Election to the ....................... Municipality.
Nomination of ....................... for election as Chairman of Municipal council of ...............................
1. Full Name of the Candidate :
2. Number of candidate in the electoral poll :
3. Father's or Husband's name :
4. Percentage :
5. Sex :
6. Occupation and address :
7. Community : OC/SC/ST/BC :
8. Full name of the proposer :
9. No. of the proposer in the electoral roll :
10. Signature of the proposer :
(to be filled by the candidate)
2 [I declare that I am willing to stand for election as Chairperson of ............................... Municipality/Nagar
Panchayat on the symbol of ......................... party/free symbol allotted by the Election Officer as per the
directions of the State Election Commission.
I further declare that the code of conduct prescribed by the State Election Commission has been read by
me/read over to be and I will abide by the conditions stipulated therein.]
Date : Signature of Candidate.
(to be filled by the Election Officer)
Serial No. of the Nomination paper:
This nomination paper was delivered to me at my office at ...... (hours) on ........... (date) by the
candidate/proposer.
Election Officer or Authorised person.
Decision of Election Officer Accepting or Rejecting the Nomination Paper
I have examined this nomination paper in accordance with Rule 10 of the Andhra Pradesh Municipalities
(Conduct of Election of Chairman under Section 23) Rules, 1986 and decided as follows :-
Date: Election Officer.
Receipt for nomination paper and notice of scrutiny.
(To be handedover to the person presenting the nomination paper)
Serial number of nomination paper ....................
The nomination paper of .................. candidate for election as Chairman, Municipal Council ................ was
delivered to me at my office ............... (hours) on nomination papers will be taken up for scrutiny at
............................... (hours) on ................. (date) .....................
Place :
Date: Election Officer or Authorised person.
APPENDIX 2 List of Nominations received on .......for election as Chairman, Municipal council
FORM
[See rule 9]
FORM - II
[See rule 9]
List of Nominations received on .......... for election as Chairman, Municipal council
1. Serial Number :
2. Name of candidate :
3. Father's or Husband's Name :
4. Sex :
5. Occupation and address :
6. Name of the proposer :
Note :- The nomination paper will be taken up for scrutiny at ....................... A.M./P.M. on the ...............
day of .................. at ............. (Place)
Election Officer or other Authorised person
APPENDIX 2A FORM
FORM
*[FORM II-A
[See Rule 10(4)]
[FORM II-A
[See Rule 10(4)]
List of validly nominated candidates
Election to the office of the Chairperson ...................
Municipality/Nagarpanchayat
Sl.No. Name of theCandidate Name ofFather/Mother/Husband Address ofCandidate Party Affiliation (1)
(2) (3) (4) (5)
Place:
Date: Election Officer
APPENDIX 2B FORM
FORM
FORM II-B
[See Rule 12(i)]
FORM II-B
[See Rule 12(i)]
Notice of withdrawal of candidature by the candidate
Election to the ................................ The Election Officer,
I ................................... (candidate validly nominated) at the above election do hereby give notice that I
withdraw my candidature.
Signature of (Validly nominated candidate)
Place :
Date :
This notice was delivered to me at my office at .................................... (hour) on ............ (date) by
.................................... (name), that ..........................................
Date ............... Election Officer
Receipt for Notice of withdrawal
(to be handed over to the person delivering the notice)
The notice of withdrawal of candidature by .............................. a (Validly nominated Candidate) at the
election to the .......................... was delivered to me by the ......................... at my office at
............................... (hour) on ....................................... (date).
Election Officer.
APPENDIX 2C FORM
FORM
FORM II-C
Notice of withdrawal of candidature
[See Rule 12(2)]
FORM II-C
Notice of withdrawal of candidature
[See Rule 12(2)]
Election to the office of the Chairperson
.................................... Municipality/Nagar Panchayat
Notice is hereby given that the following validly nominated candidate/candidates at the above election
withdraw his candidature/their candidatures today.
Name of validlyNominated candidate Address of validlyNominated candidate Remarks 1.2.3.4.5.6.7.8.
Date .......................... 19 Election Officer.]
APPENDIX 3 FORM
FORM
FORM - III
[See Rule 6(7)]
FORM - III
[See Rule 6(7)]
Declaration in the case of Scheduled Caste/Scheduled Tribe/ Backward Class Candidate
I hereby declare that I am a member of the ................. Scheduled Caste/Tribe/Backward Class which has
been declared to be a Scheduled Caste/Scheduled Tribe/Backward Class in Andhra Pradesh in relation to
.......... District or area in the State.
Date : Signature of Candidate
The above declaration is solemnly affirmed before me by ....... who is personally known to me/who has
been identified to my satisfaction by ...........
Signature of an Officer of the Revenue
Department not below the rank of Deputy Tahsildar.
Full Designation :
(Seal of the Office) Date :
APPENDIX 4 FORM
FORM
FORM - IV
[(See Rule 22 (1)
FORM - IV
[(See Rule 22 (1)
[List of contesting candidates]
Names of the Municipality ...........................
Election of the Chairman Municipal Council .............
Sl.No. Name of theCandidate Sex ofCandidate Address ofCandidate Distinctive symbols assigned to
candidate (1) (2) (3) (4) (5)
Election Officer.
APPENDIX 5 FORM
FORM
FORM - V
[See rule 16(1)]
FORM - V
[See rule 16(1)]
Appointment of an Election Agent
To
The Election Officer for the election of Chairman Municipal Council ...................
I ............................ a candidate for the election as Chairman, Municipal Council ............... hereby appoint
.... of ............ as my election agent.
Dated this ........ day of ............. 198
Signature of Candidate.
I accept the above appointment
Signature of Election Agent.
APPENDIX 6 FORM
FORM
FORM - VI
[See rule 17(1)]
FORM - VI
[See rule 17(1)]
Appointment of Polling Agent
Election to the Chairman, Municipal Council ...........
To
The Election Officer for election as Chairman, Municipal Council ................
I, ................ a candidate for election as Chairman, Municipal Council, ............. Election Agent of Sri ......
who is candidate at the present election, do hereby give notice I have appointed .................. a polling agent
to attend the polling station ............. the polling both No. ............ at the polling station ................... the
place fixed for the poll.
Signature of the Candidate Election Agent.
I agree to act as such polling agent ........................
Date .....................
Signature of Polling Agent
Declaration of Polling Agent to be signed before the Presiding Officer
I hereby declare that I will not at this election do anything for bidden by Section 18 of the Andhra pradesh
Municipalities Act, 1965 which I have read or which has been read out and explained to me.
Signature of the Polling Agent
Signed before me Presiding Officer
Date :
APPENDIX 7 FORM
FORM
FORM - VII
[See Rule 18(1)]
FORM - VII
[See Rule 18(1)]
Appointing of Counting Agent
Election to the Chairman, Municipal Council ...........
To
The Election Officer for election as Chairman, Municipal Council ................
I, ................ a candidate for election as Chairman, Municipal Council, ............. Election Agent of Sri ......
who is candidate at the present election, do hereby give notice I have appointed .............. as a counting
agent to ...... at the counting of votes.
Signature of Candidate Election Agent.
I agree to act as such counting agent ..........
Date ............. Signature of Counting Agent.
Declaration of Counting Agent to be signed Before the Election Officer
I, .......... hereby declare that I will not at this election do anything forbidden by Section 18 of the Andhra
Pradesh Municipalities Act, 1965 which I have read or which has been read out and explained to me.
Date ........
Signed before me.
Date ......... Election Officer
APPENDIX 8 FORM
FORM
FORM - VIII
[See Rule 24(1)]
FORM - VIII
[See Rule 24(1)]
Instructions
1. Not more than one vote may be given to a candidate
2. The ballot paper printed on coloured paper with their names and symbols indicate that they are intended
to be used for voting in the election of Chairman, Municipal Council.
3. vote shall be recorded by placing a mark on the ballot paper opposite the name of the candidate for
whom the votes wishes to vote (please also see further in the accompanying letter).
4. A voter shall obtain the attestation of his signature on the back of this form by a Magistrate to whom the
voter is personally known or to whose satisfaction the voter is personally known or to whose satisfaction
the voter has been identified; or
(a) in case where the voter is a member of Armed Force of the Union or member of the Armed Police Force
of the State serving outside the State, by the Commanding Officer of the unit in which the voter is
employed and
(b) in case where the voter is a person subject to preventive detention by the Superintendent of the jail or
the commandant of the detention camp in which the voter is under detention.
5. The attesting Officer shall attest the signature of the vote but not his vote which should not be recorded
in the presence of the attesting Officer.
(FORM ON THE BACK OF BALLOT PAPER)
Serial Number f ballot paper .............
I hereby declare that I am the person whose name appears as voter No. ............ on the electoral roll for
................ ward and that I have not voted in this ward in any other manner and that at this ordinary/casual
election I have not voted in any other ward.
Date :........... Signature of the voter.
Signed in my presence by ..................... who is personally known to me (or who has been identified to my
satisfaction).
Name ........................ Signature of Attesting Officer.
Address ..................... Address :
Date :....................... Date :
APPENDIX 9 FORM
FORM
FORM - IX
[See Rule 24(2)(a)]
FORM - IX
[See Rule 24(2)(a)]
Form of Cover
Election of Chairman, Municipal Council ................
To
The Election Officer,
Address : ..................
No. : ...................
APPENDIX 10 FORM
FORM
FORM - X
[See Rule 24(2)(c)]
FORM - X
[See Rule 24(2)(c)]
Form of Letter of Intimation
Election to the ............... Council of ......... 198
Dear Sir/Madam,
1. The persons whose names are printed on the ballot paper sent herewith are the contesting candidates for
election of Chairman, Municipal Council ........................ should you desire to vote at this election. I have to
request that--
(a) you will record your vote by placing a mark on the ballot paper opposite the name of the candidate for
whom you wish to vote.
(b) you shall not place mark opposite the name of more than one candidate.
(c) you will sign the declaration on the back of the ballot paper in the presence of an attesting officer who
shall attest only your signature but not your vote which you should not record in the presence of the
attesting Officer.
(d) you will then place the ballot paper in the envelope sent with this letter and close it up and enclose the
envelope in the cover addressed to me and return the cover to me by prepaid post or by messenger so as to
reach me before 5.00 P.M. on the ..... day of ........... 198.
2. covers returned by the post on which the postage has not been prepaid will not be received by me.
3. The officers who are empowered to attest ballot papers have been specified in the instructions sent along
with the ballot paper.
4. Rule 27 of the Andhra Pradesh Municipalities (Direct Election of Chairman under Section 23) Rules,
1986 provides that if a voter is illiterate or unable due to physical incapacity to record his vote and sign the
declaration on the back of the ballot paper he may make his declaration and record his vote by the hand of
an Officer referred to in paragraph 3 above who is empowered to attest his signature and such voter may
for this purpose deliver his ballot paper together with the envelope and the cover sent with this letter to
such officer and request him to sign the declaration on the back of the ballot paper and to mark the ballot
paper for such voter. The said rule further provides that such officer.
(a) shall on being so requested by the voter certify on the back of the ballot paper the voter's incapacity and
shall attest the fact that he was requested by the voter to sign the declaration on the back of the ballot paper
and to mark the ballot paper for him and that he has put the mark on the ballot paper in accordance with the
wishes of the voter and that the ballot paper was so signed and marked by him in the presence of the voter,
and
(b) shall thereupon place the marked ballot paper in the envelope mentioned above and close the same and
enclose it in the cover referred to above and seal it and handover the sealed cover to the voter and the voter
shall then send in forthwith to the Election Officer in accordance with the instructions contained in clause
(d) of paragraph (1) of this letter.
5. Sub-rule (2) of Rule 54 of the aforesaid rules provides as follows:
A postal ballot paper which is not duly marked or on which, (a) more than one mark is placed against any
candidate's name, or (b) votes are given to more candidate than one candidates to be elected, or (c) a mark
is placed in such a manner as to make it doubtful to which candidate it has been given-or (d) the signature
of the voter is not duly attested, shall be invalid.
6. Your number on the elected roll for ........................ ward is ................. you should insert this number in
the declaration the back of the ballot paper.
Yours faithfully, Election Officer.
Address : ........................
..................................
Date : ...........................
APPENDIX 11 FORM
FORM
FORM - XI
[See Rule 36 (1)]
FORM - XI
[See Rule 36 (1)]
E.R. Part No. ...............................................
S.No. of Elector ..........................................
No. .................................................................
Signature or thumb impression of the Elector .....................................................................
Sl.No. Name of the Candidate Symbol (1) (2) (3) 1.4.
APPENDIX 11A FORM
FORM
FORM - XI-A
[See Rule 36(1)]
FORM - XI-A
[See Rule 36(1)]
Declaration by the companion of blind or infirm voter
Election of Chairman, Municipal council ............................................. Ward No. ........... Name of the
polling Station/Booth.
I, ......................... son of ........................................... aged ...................... years* resident of
......................................................................................................... hereby declare that .....................
1. I have not acted as companion of any other elector at any polling Station/Booth today the
............................................................ and .......................................................
2. I will keep secret the vote recorded by me on behalf of .........................................
Signature of the Companion
Full name to be given, name and electoral number of elector to be given.
APPENDIX 11B FORM
FORM
FORM - XI-B
[See Rule 42 (2)]
FORM - XI-B
[See Rule 42 (2)]
List of blind and inform voters
Election of Chairman, Municipal Council ...........................
Part No. & Sl.No.of Elector Full name ofthe elector Full name of thecompanion Address ofcompanion
Signature of leftthumb impressionor companion (1) (2) (3) (4) (5)
Signature of Presiding Officer.
APPENDIX 12 FORM
FORM
FORM - XII
[See Rule 45(2)]
FORM - XII
[See Rule 45(2)]
Tender Votes List
Direction election of Chairman to .............................................................. Municipality.
No. and name of the Polling Station ..........................................................
Part No. Sl.No.and name of theElector Address ofelector Sl.No.oftendered ballotpaper Sl.No. of the
ballotpaper issued to theperson who hasalready voted Signature or thumbimpression of per-son tendering
Vote (1) (2) (3) (4) (5)
Date: Signature of Presiding Officer.
APPENDIX 13 FORM
FORM
FORM - XIII
[See Rule 46 (2)]
FORM - XIII
[See Rule 46 (2)]
Declaration of Personation
I, (Name) ................................................................... hereby declare and undertake to prove that no person
described below has by applying for a ballot paper at this polling station, commit the offence of
personation.
Description of the person.
Name of .................................................................. Signature of Candidate or Agent.
Address :
Signature of Candidate or Agent
(Before me)
Signature of Presiding Officer.
APPENDIX 14 FORM
FORM
FORM - XIV
[See Rule 46(3)]
FORM - XIV
[See Rule 46(3)]
List of challenged votes
Direct Election of Chairman to ................................................... Municipality.
Name and No. of Polling Station ......................................
Serial Number of Sl. No. ofentry Name of theelector Part of roll Elector's namein that part Signature of
thumb impressionof person challenged (1) (2) (3) (4) (5)
Signature of Presiding Officer.
APPENDIX 15 FORM
FORM
FORM - XV
[See Rule 48(1)]
FORM - XV
[See Rule 48(1)]
Form of Authorisation to vote outside polling area
Certified that Sri/Smt. ........................................ entitled to vote at .............................................. has been
employed in connection with the election of Chairman and is prevented from voting at the said station and
that I have therefore authorised him to vote at ........................................
Station :
Date : Signature of Election Officer
APPENDIX 16 FORM
FORM
FORM - XVI
[See Rule 51 (6)]
FORM - XVI
[See Rule 51 (6)]
Ballot paper Account to be sent by Presiding Officer in respect of Election of Chairman, Municipal Council
...........................................................................................
Polling Station :
Sl.No. Particulars Number Remarks (1) (2) (3) (4) 1. Ballot papers received 2. Ballot papers issued to
voters 3. Ballot papers in packets (Rule 48) 4. Tendered Ballot papers (Rule 45) 5. Number unused 6.
Number spoilt 7. Ballot papers dealt with under Rule 48included under Col. (3) 8. Ballot papers cancelled
APPENDIX 17 FORM
FORM
FORM - XVII
[See Rule 55(1)]
FORM - XVII
[See Rule 55(1)]
Return showing the results of the election to the Office of Chairman, Municipal Council
Sl.No. Name of the Candidate No. of valid votes cast 1.2.4.
Total No. of valid votes ...............................................................
No. of rejected ballot papers in the ballot .................................................. boxes.
1. Signatuere of counting person
Date: 2. Signature of Election Officer
PART - II
Declaration to be made by the Election Officer
I do hereby declare that Sri/Smt. ........................................................... has been duly elected as Chairman,
Municipal Council ................................................
ANDHRA PRADESH MUNICIPALITIES (CONDUCT OF ELECTION OF VICE-
CHAIRPERSON) RULES, 1986
In exercise of the powers conferred by sub-section (1) of Section 25 read with Section 326 of the Andhra
Pradesh Municipalities Act, 1965 (Act No.6 of 1965) and in supersession of all previous rules on the
subject, the Governor of Andhra Pradesh hereby makes the following rules for the conduct of election of
Vice-chairperson of Municipal Councils/Nagar Panchayats in the State namely
Rule 1
(1) These rules may be called the Andhra Pradesh Municipalities (Conduct of Election of Vice-chairperson)
Rules, 1986.
(2) They shall come into force from the date of publication in the Andhra Pradesh Gazette.
Rule 2
The Commissioner of the Municipality/Nagar Panchayat shall, immediately after the declaration of results
of ordinary election or the occurrence of vacancy in the Office of the Vice- chairperson, intimate the fact to
the Election Authority and on receipt of such intimation, the Election Authority shall transmit the same to
the Chairperson with a request to conduct the election of Vice-chairperson to the Council.
*[Explanation :- "Election Authority" means the Commissioner and Director of Municipal Administration
in respect of conduct of ordinary and casual elections to the office of the Vice- chairperson of all the
municipalities.]
Rule 3
The Chairperson elected shall convene a special meeting of the council in the municipal office for the
election of the Vice- chairperson *[within fifteen days from the date of first meeting of the council to be
appointed by the Election Authority or within fifteen days from the date of] election of Chairperson or
occurrence of the vacancy in the office of the Vice-chairperson. If at such meeting, a Vice-chairperson is
not elected, another special meeting shall be convened for the purpose by the Chairperson within fifteen
days from the date of such meeting. A notice of *[three clear days] shall be given to the Members including
ex-officio Members for convening either of the meeting indicating therein the date and time of the meeting:
*[Provided that where either there is a vacancy in the office of Chairperson or the Chairperson elected has
not entered office, it shall be competent for the Special Officer, to issue notices under this rule];
*[Provided that where the election of Vice-Chairperson could not be conducted in the first two meetings for
want of quorum, the Vice-chairperson shall be elected in the third meeting from among the members
present without insisting for quorum].
Rule 4
Such meetings shall be presided over by the Chairperson or in his absence by a Member not intending to
stand as a candidate for the election of Vice-chairperson at the election and chosen by the members present
at that meeting to preside for the occasion.
Rule 5
(1) No business shall be transacted at the meeting referred to in Rules 3 and 4 unless there be present atleast
one-half of the sanctioned strength of the Members of the Council.
(2) If within half an-hour after the time appointed for a meeting a quorum is not present, the meeting shall
stand adjourned, unless all the Members present agree to wait longer.
Rule 6
(2) Before the names are read out by the President of the meeting, a candidate may withdraw from the
contest.
Rule 7
(1) If there is only one validly nominated candidate, he shall be declared to have been elected.
(2) If there are two or more candidates, an election shall be held by secret ballot.
(3) Where the election has to be conducted under sub-rule (2), a symbol shall be assigned to each candidate
by the president of the meeting in consultation with the candidates. Serial numbers shall also be assigned to
the candidates with reference to the alphabetical order of their surnames in Telugu. Where there is no
surname, the proper name shall be taken into consideration and when initials only precede the proper name,
the initials have to be ignored. The President of the meeting shall then announce to the Members the
symbol and serial numbers assigned to each candidate.
Rule 8
(1) At the place set apart for voting, the President of the meeting shall provide a ballot box. The ballot box
shall be so constructed that the ballot papers can be inserted therein but cannot be withdrawn therefrom
without the box being unlocked.
(2) The President of the meeting shall, immediately before the votes are taken, show the ballot box empty
to such Members as may be present so that they may see that it is empty and shall then lock it up and place
his seal upon it in such manner as to prevent its being opened without breaking such seal. The ballot box
shall then be kept in full view of the members present at the meeting.
(3) Every Member wishing to vote shall be supplied with a ballot paper in the Form appended to these
rules, on which the President of the meeting shall have, before its supply, affixed a stamp and signed on the
reserve portion thereon so as to indicate its authenticity.
(4) No Member shall be allowed to enter the compartment when another Member is inside the
compartment.
(5) If owing to blindness or other physical infirmity a Member is unable to recognise the symbols on the
ballot paper or to make a mark thereon, the President of the meeting shall record vote on the ballot paper in
accordance with the wishes of the Member, fold it so as to conceal the vote and insert it into the ballot box.
(6) While acting under the sub-rule (5), the President of the meeting shall observe as much secrecy as is
feasible and shall keep a brief record of each such instance but shall not indicate therein the manner in
which may vote has been given.
(7) After all the Members present at the meeting have voted, the president of the meeting shall close the
poll and take up counting of votes.
Rule 9
Immediately after the declaration of the results the President of the meeting shall prepare a record of the
proceedings at the meeting and sign it attesting with his initial every correction made therein and also
permit any member present at the meeting to affix his signature to such record, if that member expresses
his desire to do so.
Rule 10
(1) The President of the meeting shall then make up into separate packets the ballot papers relating to each
candidate, whether counted or rejected, seal up each packet and note thereon a description of its contents
the election to which it relates and the date thereof.
(2) These packets shall not be opened and their contents shall not be inspected or produced except under
the orders of an Election Tribunal or other competent court.
(3) The packets shall be retained in the safe custody in the Municipal office by the Commissioner for a year
and shall then, unless otherwise directed by the orders of a competent court, be destroyed.
Rule 11
After the declaration of the results, the President of the meeting shall sign the notification in the Form
prescribed below indicating the name of the person elected as Vice-Chairperson. The Commissioner shall
thereafter send an attested copy of the Form to the Director of Printing and Stationery for publication in the
Andhra Pradesh Gazette under intimation to the District Collector, Director of Municipal
Administration/Regional Director of Municipal Administration and the Government and he shall also place
a copy of it on the Notice Board of the Municipal Office.
ANNEXURE 1 Ballot paper
ANNEXURE [ See Rule 8(3) ]
ANNEXURE
Ballot paper
[See Rule 8(3) ]
Sl.No.
Name of the candidate
Symbol assigned
(1)
(2)
(3)
1.
2.
3.