The Andhra Pradesh Local Bodies Electoral Reforms Act, 1989

Short title, extent and commencement:

1. (1) This Act may be called the Andhra Pradesh Local Bodies Electoral Reforms Act, 1989.
2. (2) It extends

Definitions: In this Act, unless the context otherwise requires,—

1. (a) "District Election" means an election to a local body;
2. (b) "Election Expenses" means all expenditure incurred or authorized by a candidate 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 in connection with the election;
3. (c) "Eligible Political Party" means a political party recognized as a National Party or a State Party under the Election Symbols (Reservation and Allotment) Order, 1968 for the time being in force;
4. (d) "Local Body" means,—
   • (i) a Municipal Corporation constituted under the relevant law relating to Municipal Corporations for the time being in force in the State;
   • (ii) a Municipal Council or a Nagar Panchayat constituted under the Andhra Pradesh Municipalities Act, 1965;
   • (iii) a Mandal Praja Parishad or a Zilla Praja Parishad or a Gram Panchayat constituted under the Andhra Pradesh Panchayat Raj Act, 1994;
5. (e) "Political Party" means an association or body of individual citizens of India registered with the Election Commission of India as a political party under Section 29A of the Representation of the People Act, 1951.

Incurring or authorizing of electoral expenses in contravention of the Act. —

1. (1) No electoral expense shall be incurred or authorized by a candidate or his election agent or by any political party or by any other association or body of persons or by any individual, in contravention of the provisions of this Act.
2. (2) Any person who contravenes the provisions of sub-section
3. (1) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

Maintenance of account of election expenses. —

1. (1) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized 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.
2. (2) The account shall contain such particulars, as may be prescribed.
3. (3) The total of the said expenditure shall not exceed such amount as may be prescribed.

Accounts to be lodged with the District Election Authority:

1. (1) Every contesting candidate at an election shall, within forty-five days from the date of declaration of the result thereof, lodge with the District Election Authority an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under section 4.
2. (2) The account shall contain the particulars as may be prescribed and shall be supported by an affidavit sworn by the candidate or his election agent.

Failure to lodge account of election expenses: If the District Election Authority is satisfied that a person has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and he has no good reason or justification for the failure, the District Election Authority shall, after considering the representation, if any, made by the said person and after giving him an opportunity of being heard, by order declare him to be disqualified and any such person shall be disqualified for being chosen as, and for being, a member of the local authority, for a period of three years from the date of the order.

Penalties. —

1. (1) If any person fails to comply with the provisions of this Act or any rule made thereunder, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
2. (2) Whoever abets any offence punishable under this Act, shall, if the act abetted is committed in consequence of the abetment, be punished with the punishment provided for the offence.

Power to make rules. —

1. (1) The Government may, by notification in the Andhra Pradesh Gazette, make rules for carrying out all or any of the purposes of this Act.
2. (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislative Assembly of the State 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, the Legislative Assembly agrees 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 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.