The Andhra Pradesh Gram Panchayats (Amendment) Act, 1986

Short title and commencement

1. (1) This Act may be called the Andhra Pradesh Gram Panchayats (Amendment) Act, 1986.
2. (2) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.

Amendment of section 2 In section 2 of the Andhra Pradesh Gram Panchayats Act, 1964 (hereinafter referred to as the principal Act), in clause (11), for the word "two" the word "five" shall be substituted.

Amendment of section 24.—In section 24 of the principal Act,—

1. (a) in sub-section (1), for the words "every Gram Panchayat", the words "every Gram Panchayat, excluding the Gram Panchayat constituted for a village which is a notified area and for which a Notified Area Committee is functioning," shall be substituted;
2. (b) in sub-section (2), for the words "every Gram Panchayat", the words "every Gram Panchayat, excluding the Gram Panchayat constituted for a village which is a notified area and for which a Notified Area Committee is functioning," shall be substituted.

Amendment of section 33.—In the Andhra Pradesh Gram Panchayats Act, 1964 (hereinafter referred to as the principal Act), in section 33,—

1. (a) in sub-section (1), for the word "Every" the words "Subject to the provisions of section 33-A, every" shall be substituted;
2. (b) in sub-section (2), for the word "The" the words "Subject to the provisions of section 33-A, the" shall be substituted;
3. (c) in sub-section (3), for the words "The Sarpanch" the words "Subject to the provisions of section 33-A, the Sarpanch" shall be substituted.

Amendment of section 36.—In section 36 of the principal Act, in sub-section (1), for the word "annual", the word "half-yearly" shall be substituted.

Amendment of section 37.—In section 37 of the principal Act,—

1. (a) in sub-section (1), for the words "every year", the words "every half-year" shall be substituted;
2. (b) in sub-section (2), for the words "annual report", the words "half-yearly report" shall be substituted.

Amendment of section 43.—In section 43 of the principal Act,—

1. (a) in sub-section (1), for the words "every Gram Panchayat shall", the words "every Gram Panchayat shall, subject to such rules as may be prescribed" shall be substituted;
2. (b) after sub-section (1), the following sub-section shall be inserted, namely:— "(1-A) Every Gram Panchayat shall, within such time as may be prescribed, prepare and submit to the Panchayat Samithi a budget containing a detailed estimate of income and expenditure for the ensuing year and the Panchayat Samithi shall scrutinize the budget and may make such modifications therein as it deems fit and return the same to the Gram Panchayat for adoption.";
3. (c) in sub-section (2), for the words "The budget so prepared", the words "The budget as modified and returned by the Panchayat Samithi" shall be substituted.

Amendment of section 46.—In section 46 of the principal Act,—

1. (a) in sub-section (1), for the words "tax upon all houses or buildings", the words "tax upon all houses or buildings", the words "tax upon all houses or buildings" shall be substituted;
2. (b) for sub-section (2), the following sub-section shall be substituted, namely:— "(2) The house tax shall be levied at such rates as may be fixed by the Gram Panchayat, not exceeding the maximum rates prescribed by the Government from time to time.";
3. (c) in sub-section (3), for the words "the sanction of the prescribed authority", the words "the approval of the Gram Sabha" shall be substituted.

("Amendment of section 47")

Amendment of section 49 ("Amendment of section 49") In section 49 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:—

1. (1) The Gram Panchayat shall provide for the payment of remuneration to the Executive Officer and other staff appointed under this Act and the rules made thereunder.

Amendment of section 52.

11. In section 52 of the principal Act,—

1. (a) in sub-section (1), for the words "every Gram Panchayat shall levy", the words "every Gram Panchayat shall levy, and shall levy if so directed by the Government, such of the following taxes at such rates as the Government may, by notification, direct" shall be substituted;
2. (b) in sub-section (2),—
   • (i) at the end of clause (d), the word "and" shall be omitted;
   • (ii) after clause (d), the following clause shall be inserted, namely:— "(dd) a tax on advertisements; and";
3. (c) after sub-section (2), the following sub-section shall be inserted, namely:— "(3) The Government may, by notification, from time to time, direct any Gram Panchayat to levy any of the taxes specified in sub-section

1. (2) at such rates and with effect from such date as may be specified in the notification and thereupon the Gram Panchayat shall levy such tax accordingly.".

Amendment of section 53 12. In section 53 of the principal Act,—

1. (a) in sub-section (1), for the words "every Gram Panchayat", the words "every Gram Panchayat or Mandal Praja Parishad" shall be substituted;
2. (b) in sub-section (2), for the words "the Gram Panchayat", occurring in the two places, the words "the Gram Panchayat or Mandal Praja Parishad, as the case may be," shall be substituted;
3. (c) in sub-section (3), for the words "a Gram Panchayat", the words "a Gram Panchayat or a Mandal Praja Parishad" shall be substituted;
4. (d) in sub-section (4), for the words "the Gram Panchayat", the words "the Gram Panchayat or the Mandal Praja Parishad, as the case may be," shall be substituted.

Amendment of section 54.—In section 54 of the principal Act,—

1. (a) in sub-section (1), for the words "every Gram Panchayat shall", the words "every Gram Panchayat may, and if so required by the Government shall," shall be substituted;
2. (b) after sub-section (1), the following sub-section shall be inserted, namely:— "(1-A) Every Gram Panchayat may also levy tax on advertisements, other than advertisements published in the newspapers, erected on or exhibited to public view under the jurisdiction of the Gram Panchayat.";
3. (c) in sub-section (2), for the expression "clause (viii)", the expression "clause
   • (viii) and for the tax on advertisements under sub-section (1-A)" shall be substituted.

Amendment of section 55.—In Section 55 of the principal Act,—

1. (a) in sub-section (1), for the words "every Gram Panchayat", the words "every Gram Panchayat or Mandal Praja Parishad" shall be substituted;
2. (b) in sub-section (2), for the words "Gram Panchayat" wherever they occur, the words "Gram Panchayat or Mandal Praja Parishad" shall be substituted;
3. (c) in sub-section (3), for the words "Gram Panchayat", the words "Gram Panchayat or Mandal Praja Parishad" shall be substituted;
4. (d) in sub-section (4), for the words "Gram Panchayat", the words "Gram Panchayat or Mandal Praja Parishad" shall be substituted.

Amendment of section 61. In section 61 of the principal Act, for clause (a), the following clause shall be substituted, namely:—

1. (a) the Gram Panchayat shall, subject to such rules as may be prescribed, levy a house tax on all houses in the village on such scale and subject to such exemptions as may be prescribed; and every such house shall be assessed proportionately to its capital value or its annual rental value or on the basis of its plinth area as may be prescribed;

Amendment of section 63. In section 63 of the principal Act, in sub-section (1), for the words "every Gram Panchayat shall levy", the words "every Gram Panchayat shall levy, subject to such rules as may be prescribed," shall be substituted.

Amendment of section 64.—In section 64 of the principal Act,—

1. (1) in sub-section (1), for the words "every house tax", the words "every house tax, library cess" shall be substituted;
2. (2) in sub-section (2), for the words "house tax", the words "house tax, library cess" shall be substituted.

Amendment of section 66.—In section 66 of the principal Act, in sub-section (1), for the words "house tax", the words "house tax, library cess" shall be substituted.

Amendment of section 67.—In section 67 of the principal Act, in sub-section (5), for the words “has been,” the words “being” shall be substituted.

Amendment of section 68.—In section 68 of the principal Act,—

1. (a) in sub-section (1), for the words "every Gram Panchayat", the words "every Gram Panchayat shall levy" shall be substituted;
2. (b) in clause
3. (a) of sub-section (1), the words "shall levy" shall be omitted;
4. (c) in clause
5. (b) of sub-section (1), the words "may levy" shall be omitted;
6. (d) in sub-section (2), for the words "the Gram Panchayat may", the words "the Gram Panchayat shall" shall be substituted.

Amendment of section 69.— In section 69 of the principal Act,—

1. (1) in sub-section (1), for the words "one hundred rupees", the words "five hundred rupees" shall be substituted;
2. (2) in sub-section (2), for the words "ten rupees", the words "fifty rupees" shall be substituted.

Amendment of section 70.— In section 70 of the principal Act, in sub-section (5), for the words "two hundred rupees", the words "one thousand rupees" shall be substituted.

Amendment of section 71.—In section 71 of the principal Act, in sub-section (1), for the words "every Gram Panchayat", the words "every Gram Panchayat or the Mandal Praja Parishad" shall be substituted.

Amendment of section 73.—In section 73 of the principal Act, in sub-section (1), for the words "every Gram Panchayat", the words "every Gram Panchayat or the Mandal Praja Parishad" shall be substituted.

Amendment of section 80.—In section 80 of the principal Act,—

1. (a) in sub-section (1), for the words "every Gram Panchayat shall levy", the words "every Gram Panchayat may, with the previous sanction of the Government, levy" shall be substituted;
2. (b) in sub-section (2), for the words "The Gram Panchayat may also levy", the words "The Gram Panchayat may, with the previous sanction of the Government, also levy" shall be substituted;
3. (c) in sub-section (3), after the words "may", the words "with the previous sanction of the Government" shall be inserted.

Amendment of section 81.—In section 81 of the principal Act,—

1. (a) in sub-section (1), for the words "every Gram Panchayat shall levy", the words "every Gram Panchayat may levy, and shall if so directed by the Government, levy" shall be substituted;
2. (b) in sub-section (2), for the words "The taxes shall be levied", the words "Subject to such rules as may be prescribed, the taxes shall be levied" shall be substituted;
3. (c) in sub-section (3), for the words "The tax shall be levied", the words "Subject to such rules as may be prescribed, the tax shall be levied" shall be substituted.

Amendment of section 86.—In section 86 of the principal Act, in sub-section (1), for the clause (ii), the following clause shall be substituted, namely:—

1. (ii) lease, sale or other transfer of the Gram Panchayat property where the value of such property does not exceed five thousand rupees: Provided that where the value of such property exceeds five thousand rupees but does not exceed twenty-five thousand rupees, the previous sanction of the Panchayat Samithi shall be obtained:

Amendment of section 87 Amendment of section 87.—In section 87 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:—

1. (1) The Gram Panchayat may, with the previous sanction of the Commissioner, lease, sell or otherwise transfer any property vested in or belonging to it, the value of which exceeds five thousand rupees:

Amendment of section 96 Amendment of section 96.—In section 96 of the principal Act,—

1. (a) in sub-section (1), for the words "every Gram Panchayat shall", the words "every Gram Panchayat may, and if so required by the Government shall," shall be substituted;
2. (b) in sub-section (2), for the words "It shall be the duty of every Gram Panchayat to make reasonable provision for carrying out the requirements of the village in respect of the following matters, namely:", the words "Subject to such rules as may be prescribed, it shall be the duty of every Gram Panchayat to make reasonable provision for carrying out the requirements of the village in respect of the following matters, namely:" shall be substituted.

Amendment of section 100.—In section 100 of the principal Act,—

1. (a) in sub-section (1), for the words "every Gram Panchayat shall", the words "every Gram Panchayat shall, subject to such rules as may be prescribed," shall be substituted;
2. (b) in sub-section (2), for the words "The Gram Panchayat may", the words "The Gram Panchayat may, subject to such rules as may be prescribed," shall be substituted;
3. (c) after sub-section (2), the following sub-section shall be added, namely:— "(3) The Government may, by notification, direct that every Gram Panchayat shall levy, at such rates as may be prescribed, any of the taxes or fees which the Government have power to levy under any law for the time being in force, but to which the State Legislature has power to make laws, and the Gram Panchayat shall accordingly levy such taxes or fees."

Amendment of section 101.—In section 101 of the principal Act,—

1. (a) in sub-section (1), for the words "every Gram Panchayat", the words "every Gram Panchayat or any officer or person in-charge of the Gram Panchayat" shall be substituted;
2. (b) after sub-section (1), the following sub-section shall be inserted, namely:— "(1-A) The Commissioner may, at any time, suo motu, call for and examine the record of any order passed or proceeding recorded by any authority, officer or person acting under this Act, for the purpose of satisfying himself as to the legality or propriety of such order, or as to the regularity of such proceeding and may pass such order in reference thereto as he thinks fit: Provided that no order affecting any person shall be passed unless such person has been given an opportunity of making his representation.";
3. (c) in sub-section (2), for the words "The Government", the words "The Government or the Commissioner" shall be substituted.

Amendment of section 103.—In section 103 of the principal Act, in sub-section (1),—

1. (a) for the words "tax or fee" the words "tax, fee or contribution" shall be substituted;
2. (b) for the words "the recovery of the tax or fee" the words "the recovery of the tax, fee or contribution" shall be substituted.

Amendment of section 106.—In section 106 of the principal Act, in sub-section (1), for the word "tax" the words "tax, fee or contribution" shall be substituted.

Amendment of section 116.—In section 116 of the principal Act,—

1. (1) in sub-section (1), for the words "every Gram Panchayat", the words "every Gram Panchayat or Mandal Praja Parishad" shall be substituted;
2. (2) in sub-section (2), for the words "the Gram Panchayat", the words "the Gram Panchayat or the Mandal Praja Parishad, as the case may be" shall be substituted.

Amendment of section 117.—In section 117 of the principal Act, in sub-section (1), for the expression "the Gram Panchayat" wherever it occurs, the expression "the Gram Panchayat or the Mandal Praja Parishad" shall be substituted.

Amendment of section 119.- In section 119 of the principal Act,-

1. (1) in sub-section (1), for the words "every Gram Panchayat shall levy", the words "every Gram Panchayat may levy" shall be substituted;
2. (2) in sub-section (2), for the words "every Gram Panchayat shall levy", the words "every Gram Panchayat may levy" shall be substituted.

Amendment of section 120.- In section 120 of the principal Act, in sub-section (1), for the words "every Gram Panchayat shall levy", the words "every Gram Panchayat may levy" shall be substituted.

In section 121 of the principal Act, in sub-section (1), for the expression "the provisions of this Act", the expression "the provisions of this Act or any other law for the time being in force" shall be substituted.

In section 123 of the principal Act, in sub-section (2), for the words "every such application", the words "every such application except an application for the recovery of any sum due to the Gram Panchayat" shall be substituted.

Amendment of section 124.—In section 124 of the principal Act, in sub-section (1), for the words "five hundred rupees", the words "one thousand rupees" shall be substituted.

Amendment of section 126.—In section 126 of the principal Act, for the words "one hundred rupees", the words "five hundred rupees" shall be substituted.

Amendment of section 127.—In section 127 of the principal Act,—

1. (1) in sub-section (1), for the words "every Gram Panchayat", the words "every Gram Panchayat or Mandal Praja Parishad" shall be substituted;
2. (2) in sub-section (2), for the words "a Gram Panchayat", the words "a Gram Panchayat or a Mandal Praja Parishad" shall be substituted.

Amendment of section 128.—In section 128 of the principal Act, for the words "a Gram Panchayat" wherever they occur, the words "a Gram Panchayat or Mandal Praja Parishad" shall be substituted.

Amendment of section 129.—In section 129 of the principal Act,—

1. (1) in sub-section (1), for the word “three” the word “five” shall be substituted;
2. (2) in sub-section (2), for the word “three” the word “five” shall be substituted.

Amendment of section 131.—In section 131 of the principal Act,—

1. (1) in sub-section (1), for the word “three” the word “five” shall be substituted;
2. (2) in sub-section (2), for the word “three” the word “five” shall be substituted.

Amendment of section 132.- In section 132 of the principal Act,-

1. (1) in sub-section (1), for the word "Government" wherever it occurs, the expression "Government or the District Collector" shall be substituted;
2. (2) in sub-section (2), for the words "the Government", the expression "the Government or the District Collector, as the case may be," shall be substituted.

Amendment of section 133.- In section 133 of the principal Act, in sub-section (1), for the word "Government" wherever it occurs, the expression "Government or the District Collector" shall be substituted.

Amendment of section 212.—In section 212 of the principal Act, in sub-section (1), for the words "one hundred rupees", the words "five hundred rupees" shall be substituted.

Amendment of section 216.—In section 216 of the principal Act, for the words "five hundred rupees" wherever they occur, the words "one thousand rupees" shall be substituted.

Amendment of section 217.—In section 217 of the principal Act, in sub-section (1), for the words "every Gram Panchayat", the words "every Gram Panchayat or Mandal Praja Parishad" shall be substituted.

Amendment of section 218.—In section 218 of the principal Act, in sub-section (1), for the words "a Gram Panchayat", the words "a Gram Panchayat or a Mandal Praja Parishad" shall be substituted.

Amendment of section 221.—In section 221 of the principal Act, in sub-section (1), for the words "one hundred rupees", the words "five hundred rupees" shall be substituted.

Amendment of section 223.—In section 223 of the principal Act, in sub-section (1), for the words "five hundred rupees", the words "one thousand rupees" shall be substituted.

Amendment of section 224.—In section 224 of the principal Act, in sub-section (1), for the word "prosecution", the word "prosecutions" shall be substituted.

Amendment of section 225.—In section 225 of the principal Act, for the words "District Panchayat Officer", the words "District Panchayat Officer or any officer authorised by the Government in this behalf" shall be substituted.

Amendment of section 226.— In section 226 of the principal Act,—

1. (1) for the heading "Power to remove difficulties", the heading "Power to remove difficulties and to rectify errors" shall be substituted;
2. (2) the existing section shall be renumbered as sub-section
3. (1) thereof, and after sub-section
4. (1) as so renumbered, the following sub-section shall be added, namely:—
5. (2) If any difficulty arises in giving effect to the provisions of this Act or the rules, notifications or orders made or issued thereunder, or by reason of any omission or error in this Act, the Government may, as occasion may require, by notification in the Andhra Pradesh Gazette, do anything which appears to them to be necessary for the purpose of removing the difficulty or rectifying the error.

Amendment of section 227.— In section 227 of the principal Act, for the words "the Gram Panchayat", occurring in two places, the words "the Gram Panchayat or the Mandal Praja Parishad" shall be substituted.

Amendment of section 229.—In section 229 of the principal Act, in sub-section (1), for the words "one hundred rupees" the words "five hundred rupees" shall be substituted.

Amendment of section 230.—In section 230 of the principal Act, in sub-section (1), for the words "five hundred rupees" the words "one thousand rupees" shall be substituted.

Amendment of section 231.—In section 231 of the principal Act,—

1. (a) in sub-section (1), for the words "four years", the words "five years" shall be substituted;
2. (b) in sub-section (2), for the words "four years", the words "five years" shall be substituted;
3. (c) in sub-section (3), for the words "four years", the words "five years" shall be substituted:

Amendment of section 232 Amendment of section 232.—In section 232 of the principal Act,—

1. (a) for the expression "the provisions of this Act" wherever it occurs, the expression "the provisions of this Act or any rules made thereunder" shall be substituted;
2. (b) for the words "District Collector", the words "District Collector or such other officer as may be authorised by the Government" shall be substituted;
3. (c) for the words "the Government", the words "the Government or such other officer as may be authorised by the Government" shall be substituted.

Amendment of section 233.—In section 233 of the principal Act, for clause (ii), the following clause shall be substituted, namely:—

1. (ii) against any order passed by the executive authority under this Act or any rule, bye-law or regulation made thereunder, to the Gram Panchayat.

Amendment of section 235.—In section 235 of the principal Act, in sub-section (1), for the word "two" occurring in two places, the word "three" shall be substituted.

Amendment of section 236.—In section 236 of the principal Act,—

1. (a) in sub-section (1), for the words "every Gram Panchayat", the words "every Gram Panchayat or Mandal Praja Parishad" shall be substituted;
2. (b) in sub-section (2), for the words "the Gram Panchayat", the words "the Gram Panchayat or the Mandal Praja Parishad" shall be substituted;
3. (c) in sub-section (3), for the words "Gram Panchayat" wherever they occur, the words "Gram Panchayat or Mandal Praja Parishad" shall be substituted;
4. (d) in sub-section (4), for the words "the Gram Panchayat" wherever they occur, the words "the Gram Panchayat or the Mandal Praja Parishad" shall be substituted.