The Andhra Pradesh Municipal Laws (Amendment) Act, 1986

This Act may be called the Andhra Pradesh Municipal Laws (Amendment) Act, 1987

In the Andhra Pradesh Municipalities Act, 1965, in section 3, after sub-section (5), the following sub-section shall be inserted, namely:- (5A) Where any local area comprised in a Gram Panchayat constituted under the Andhra Pradesh Gram Panchayats Act, 1964 is constituted as, or included in a Municipality, the Government may direct that the electoral roll relating to the said local area shall be adopted suitably for the purpose of elections under this Act, until an electoral roll for such area is prepared in accordance with the provisions of this Act."

In the Hyderabad Municipal Corporations Act, 1955 in section 8, after subsectign (4), the following sub-section shall be inserted, namely:- (4A) Where any local area comprised in a Gram Panchayat constituted under the Andhra Pradesh Gram Panchayats Act, 1964 is included in a Corporation, the Goyernment may direct that the electoral roll relating to the said local area shall be adopted suifably for the purpose of elections under this Act, until an electoral rolI for such area is prepared in accordance with the provisions of this Act.".

The amendment made tq the Hyderabad Municipal Corporations Act, 1955 by section 3 shall extend to and shall apply also, to the Visakhapatnam and Vijayayada Municipal Corporations.

(Section 5 not found in text)

(Section 6 not found in text)

(Section 7 not found in text)

(Section 8 not found in text)

The Government may, by notification, direct the Corporation 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 as may be specified in this regard to defray the capital cost of pipeline service works undertaken by the Corporation 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 occupier of any premises situated in the areas which are not served by the pipeline system of the Corporation.

Amendment of Schedule V.—In the Andhra Pradesh Municipalities Act, 1965, in Schedule V, for the word "two" the word "five" shall be substituted.

Reservation of Office of Councillors.—The provisions of sections 8 and 23 relating to the reservation of office of Councillor or the Chairman for the Scheduled Castes and Scheduled Tribes, shall cease to have effect after the 25th January, 2000.

Repeal of Ordinance 1 of 1999.—The Andhra Pradesh Municipal Laws (Amendment) Ordinance, 1999, is hereby repealed.

Term of Office of elected Councillors.—(1) The term of office of elected Councillors shall, save as otherwise expressly provided in this Act, be five years from the date appointed for the first meeting of the Council under clause

1. (b) of section 38, and the last day of their term of office is in this Act referred to as the day for retirement.

Postponement of casual elections to the office of councillors and Chairmen. 21-A. Notwithstanding anything in this Act, or the rules made therein, 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 Chairman or a Councillor of a municipality: Provided that the total period of such postponement shall in no case exceed one year.

Election of Chairman. 23. (1)

1. (a) In the case of every municipality, the Chairman 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 Chairman unless he is not less than twenty-one years of age.
2. (b) If at any election held under this sub-section, no Chairman is elected, a fresh election shall be held: Provided that, if a member of the Legislative Assembly of the State or of either House of Parliament is elected as Chairman, he shall cease to hold the said office of Chairman 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 Chairman 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 Chairman 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: Provided further that fifteen percent of the total number of Offices of Chairman of the Municipalities, in the State shall be reserved by rotation for the members belonging to the Scheduled Castes in the manner prescribed; so however that the municipality in respect of which the office of Chairman is so reserved shall, as far as practicable, be the municipality, where the proportion of the population of the Scheduled Castes to the total population of the municipality is the largest: Provided also that six per cent of the total number of offices of Chairman of the Municipalities in the State shall be reserved by rotation for the members belonging to the Scheduled Tribes in the manner prescribed; so, however that the municipality in respect of which the Office of the Chairman is so reserved shall, as far as practicable, be the municipality where the proportion of the population of the Scheduled Tribes to the total population of the municipality is the largest: Provided also that twenty per cent of the total number of Offices of Chairman of the Municipalities in the State shall be reserved by rotation for the members belonging to Backward Classes in the manner prescribed: Provided also that nine percent of total number of Offices of Chairman of the Municipalities in the State shall be reserved by rotation for women in the manner prescribed: so, however that the Municipality in respect of which the Office of Chairman is so reserved shall, as far as practicable, be the municipality where the proportion of the population of Women to the total population of the municipality is the largest.

1. (2) The election of the Chairman may be held ordinarily at the same time and in the same place, as the ordinary election of the Councillors of the municipality.
2. (3) Save as otherwise expressly provided in this Act, the term of Office of the Chairman 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: Provided that the Government may, by notification in the Andhra Pradesh Gazette, for sufficient cause to be stated therein, direct that the term of Office of the Chairman shall extend upto, or expire at noon, on such date as may be specified in the notification, such date being not later or, as the case may be, earlier than three months, from the date on which such term expires under this sub section: the Government may, from time to time, by notification in the Andhra Pradesh Gazette alter such date and fix another date instead within the period of three months aforesaid and thereupon the provisions of sub-sections (3),
3. (4) and
4. (5) of section 10 shall apply in relation to the Chairman as they apply in relation to the elected councillors.
5. (4) Subject to the provisions of sub-section
6. (5) any casual vacancy in the Office of the Chairman shall be filled at a casual election and a person elected as Chairman 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.
7. (5) No casual vacancy in the Office of the Chairman shall be filled within three months before the date on which the ordinary election of the Chairman under sub-section
8. (1) is due.
9. (6) The provisions of sections 14 to 19 (both inclusive) shall, as far as may be apply in relation to the Office of the Chairman as they apply in relation to the Office of an elected Councillor.
10. (7) The Chairman shall, by virtue of his Office be a Councillor of the municipality and shall have all the rights and privileges of an elected Councillor of the municipality and he shall be entitled to vote at all meetings of the Council.

1. (1) Subject to the provisions of section 23B and 23C the Mayor or Councillor of a Municipal Corporation belonging to any political party shall cease to be such Mayor or Councillor-
   • (a) if he has voluntarily given up his membership of such political party; or
   • (b) if he votes or abstains from voting in such Municipal Corporation contrary to any direction issued by the political party to which he belongs 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 and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.
   • (c) if he has been expelled from such political party in accordance with the procedure established by the constitution, rules or regulations of such political party. Explanation:- For the purpose of this sub-section the Mayor or elected councillor shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such Mayor or Councillor and ex-officio councillor shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as a Member of the Legislative Assembly, House of the people or the Council of States, as the case may be.
2. (2) A Mayor or Councillor who has been elected as such otherwise than as a candidate set up by a political party may join any political party within a period of six months and on such joining he shall be deemed to belong to such political party as if he was set up as a candidate for election as Mayor or Councillor by that political party for purposes of this section.
3. (3) An intimation that a Mayor or Councillor has ex-facie ceased to hold office under this section shall be given by the Government.

Where the Mayor or a Councillor makes a claim that he and any other members of his party constitute the group representing a faction which has arisen as a result of a split in his original political party and such group consists of not less than one-third of the members of such party,-

1. (a) he shall not be disqualified under sub-section

1. (1) of section 23A on the ground-
   • (i) that he has voluntarily given up his membership of his original political party; or
   • (ii) that he has voted or abstained from voting in such Municipal Corporation contrary to any direction issued by such party or by any person or authority authorised by it in that behalf without obtaining the prior permission of such party, person or authority and such voting or abstention has not been condoned by such party, person or authority within fifteen days from the date of such voting or abstention; and
   • (b) from the time of such split, such faction shall be deemed to be the political party to which he belongs for the purpose of sub-section
2. (1) of section 23A and to be his original political party for the purposes of this section.

1. (1) A Mayor or Councillor of a Municipal Corporation shall not be disqualified under subsection
2. (1) of section 23A where his political party merges with another political party and he claims that he and any other members of his original political party-
   • (a) have become members of such other political party or, as the case may be, of a new political party formed by such merger; or
   • (b) have not accepted the merger and opted to function as a separate group and from the time of such merger, such other political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub-section
3. (1) of section 23A and to be his original political party for the purposes of this sub-section.
4. (2) For the purposes of sub-section
5. (1) of section 23A, the merger of the original political party of a Mayor or Councillor shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the party concerned have agreed to such merger.

NOT FOUND IN DOCUMENT

NOT FOUND IN DOCUMENT

Amendt. of Act II of 1956. In the Hyderabad Municipal Corporations Act, 1955 Section 60-A shall be omitted.

1. (a) A Mayor of the Corporation shall be elected by the persons whose names appear in the electoral roll for the Corporation, from among themselves, in the manner prescribed.
2. (b) If at any election held under this sub-section, no Mayor is elected a fresh election shall be held: Provided that if a Member of the Legislative Assembly of the State or of either House of Parliament is elected as Mayor, he shall cease to hold the said office of Mayor 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 Mayor 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 Mayor unless, within fifteen days from the date on which he so becomes such Member, he ceases to be a Member of Legislative Assembly of the State, or as the case may be of either House of Parliament.

1. (2) Where ordinary elections are held to the office of councillors, the election of the Mayor may also be held at the same time and in the same place as the ordinary election of the Councillors of the Corporation.
2. (3) Save as otherwise expressly provided in this Act, the term of office of the Mayor who is elected at an ordinary election shall be five years from the date of the first meeting held under clause
   • (b) of section 88 and shall expire on a day before the date of next such meeting, which day is in this Act referred to as the day for retirement; but he shall continue in office beyond the said period until a new Mayor is elected and enters upon his office.
3. (4) Subject to the provisions of sub-section
4. (5) any casual vacancy in the office of the Mayor shall be filled at a casual election and a person elected as Mayor 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. (5) No casual vacancy in the office of the Mayor shall be filled within three months before the date on which the ordinary election of the Mayor under sub-section
6. (1) is due.
7. (6) The provisions of sections 21, 22 and 23 shall, as far as may be, apply in relation to the office of the Mayor, as they apply in relation to the office of an elected Councillor.
8. (7) The Mayor shall, by virtue of his office, be a Councillor of the Corporation and shall have all the rights and privileges of an elected Councillor of the Corporation and he shall be entitled to vote at all meetings of the Corporation.
9. (8) The provisions of the Act relating to the conduct of election to the office of Councillors shall, as far as may be, apply in relation to the election of Mayor under this section.
10. (9) Notwithstanding anything contained in this section, in the case of the Municipal Corporation of Hyderabad, the provisions of this Act relating to the conduct of election and the term of office of the Mayor as in force immediately before the commencement of the Andhra Pradesh Municipal Laws (Amendment) Act, 1986 shall apply for the conduct of election and the term of office of the Mayor until the next ordinary elections to the Councillors of the Hyderabad Municipal Corporation are held.

1. (1) The Councillors of the Corporation shall elect one of its elected Councillors to be its Deputy Mayor within fifteen days from the date of election of the Mayor in the manner prescribed.
2. (2) The ex-officio Councillors shall be entitled to participate in the meeting convened for the election of the Deputy Mayor.
3. (3) If at an election held under sub-section
4. (1) no Deputy Mayor is elected, a fresh election shall be held for electing Deputy Mayor.
5. (4) The Deputy Mayor shall be deemed to have assumed office on his being declared as such and shall hold office for a period of five years from the date he assumes office.
6. (5) Any casual vacancy in the office of the Deputy Mayor shall be filled at a casual election and a person elected as Deputy Mayor 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.
7. (6) Notwithstanding anything contained in this section, in the case of Municipal Corporation of Hyderabad, the provisions of this Act relating to the conduct of election and the term of office of the Deputy Mayor as in force immediately before the commencement of the Andhra Pradesh Municipal Laws (Amendment) Act, 1986 shall apply for the conduct of election and the term of office of the Deputy Mayor until the next ordinary elections to the Councillors of the Hyderabad Municipal Corporation are held.

1. (1) Notwithstanding anything in this Act or the rules made thereunder, the Government may, after consulting all the municipal corporations in the State by notification in the Andhra Pradesh Gazette, constitute any class of officers or employees of the Municipal Corporations in the State of the category of Upper Division Clerks and above into a Municipal Corporation Service for the State.
2. (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 Corporation 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. (3) Nothing in this section shall affect the operation of the Andhra Pradesh (Telangana Area) Local Government Service (Declaration as 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.

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

1. (a) of sub-section

1. (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 occupier of any premises situated in the areas which are not served by the pipeline system of the Council.

1. (1) Whoever unlawfully breaks, or otherwise causes any damage to any public channel, tank, reservoir, cistern, well, fountain or stand-pipe or diverts water or the work connected with water supply or without due authority, opens or removes any lock, cock or pipe belonging to, or under the management or control of the Municipal Council; or
2. (2) unlawfully draws or takes water from any water works belonging to the Municipal council or under their management or control; shall be punishable with a fine which may extend upto five hundred rupees but which shall not be less than one hundred rupees or with imprisonment not exceeding six months.

1. (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 license for a period not exceeding one year for maintaining a latrine or urinal for public use.
2. (2) No person shall keep or maintain a public latrine or urinal without a license under sub-section (1).
3. (3) Every Licensee of a public latrine or urinal shall maintain it cleanly and keep it in proper order.

Government's power to repair the public streets vested in the municipal council [Section text not available in the official gazette publication.]

The Accounts of the Municipal Corporation shall be audited by the Director of State Audit, or by any officer nominated by him and a certificate of the accounts as audited shall be issued by the end of October every year duly marking a copy thereof to the Government and also to the Accountant General; Provided that the Government may, at any time, for reasons to be recorded in writing appoint an Auditor for the purpose of making a special audit of the accounts and to report to the Government thereon.

"Exemption of property Tax. 202-A

1. (1) The Government may exempt any residential building occupied by the owner from the property tax where the annual rental value of the same does not exceed rupees six hundred.
2. (2) In respect of every house constructed for the urban poor, the Corporation shall collect an amount of rupee two for every half year towards property tax;"

"Revision of tax by Director of Municipal Administration 282 A. Where it is brought to the notice of the Director of Municipal Administration, that the property tax is under valued he may reassess the property tax and fix such accordingly."

"Power of Government to make rules in lieu of bye-laws. 330A.

1. (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. (2) The rules made under this section may add to alter or cancel any bye-law made by the council.
3. (3) If any provision of bye-law 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. (4) The provisions of sections 331, sub-section
5. (2) of section 333 and section 333B shall apply to the rules made under section as they apply to the bye-laws made under section 330.
6. (5) Before making any rule under this section, the Government shall, give the council an opportunity of showing cause against the proposal."

"Penalty for breaches of bye-laws. 333A. In making bye-laws the municipal council may, subject to the provisions of clause

1. (1) of article 26 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."

Penalty for wilful prevention of distraint. 339B. 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.

Power to transfer functions of Municipalities to Andhra Pradesh Industrial Infrastructure Corporation. 389B. 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.

1. (1) No assessment or demand made and no charge imposed under the authority of this Act shall be questioned as affected by reason of any clerical error or by reason of any mistake
   • (a) in respect of the name, residence or 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. (2) Notwithstanding anything contained in sub-section (1), no suit shall be entertained by any court of law unless the assessee pays fifty percent of the tax levied and demanded.

Notwithstanding anything contained in this Act, or in any other law for the time being in force relating to the Municipal Corporations, the Government may, in consultation with the Corporation 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 the Corporation and to such control and revision as may be specified therein, direct that any power or function vested in the Corporation by or under this Act shall be transferred to and exercised and performed by the Andhra Pradesh Industrial Infrastructure Corporation.

1. (1) If, in the opinion of the Government the standing committee is not competent to perform or persistently makes default in performing the duties, imposed on it, by law or exceeds or abuses its position or powers the Government may, and shall, if the dissolution of the standing committee is recommended by a resolution of the Corporation passed at a special meeting called for the purpose and supported by votes of not less than two-thirds of the strength of the Corporation as on the date of the meeting, by notification in the Andhra Pradesh Gazette, dissolve the standing committee: Provided that where the Government themselves propose to take action under this sub-section otherwise than in pursuance of a resolution passed by the Corporation, they shall give an opportunity to the standing committee to show cause against the dissolution giving reasons therefor.
2. (2) On the dissolution of the standing committee the Corporation shall take steps for the reconstitution of the standing committee within fifteen days from the date of such dissolution in accordance with the provisions of this Act; but the members of the standing committee so dissolved shall not be eligible for re-election to the committee for a period of one year.
3. (3) During the interval between the dissolution and the reconstitution of the standing committee all or any of the powers and functions of the standing committee may be exercised by the Mayor subject to control of the Corporation.

1. (1) If, in the opinion of the Government, the Corporation 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 Corporation is threatened, the Government may, by notification in the Andhra Pradesh Gazette, direct that the Corporation be dissolved with effect from a specified date and reconstituted either immediately or with effect from another specified date not later than two years from the date of dissolution; and the notification shall be laid before the Legislative Assembly of the State.
2. (2) On or before the expiry of the period of dissolution notified under sub-section (1), the Government may, by notification in the Andhra Pradesh Gazette, for reasons to be stated therein postpone the re-constitution of the Corporation for a further period not exceeding six months.
3. (3) For purposes of reconstitution of a dissolved Corporation under this section, the vacancies in the office of all the elected councillors shall be deemed to be ordinary vacancies.
4. (4) Before publishing a notification under sub-section
5. (1) the Government shall communicate to the Corporation the grounds on which they propose to do so fix a reasonable period for the Corporation to show cause against the proposal and consider its explanation or objections, if any: Provided that where a Corporation has disobeyed an order issued under section 679-A, the Government shall not be bound to follow the procedure laid down in this sub-section.
6. (5) On the date fixed for the dissolution of the Corporation under sub-section (1), all its councillors including ex-officio councillors as well as its Mayor, Deputy Mayor shall forthwith deemed to have vacated their offices as such.
7. (6) During the interval between the dissolution and the reconstitution of the Corporation, all or any of the powers and functions of the Corporation and of its Mayor and of the Standing Committee may be exercised and performed as far as may be, and to such extent as the Government may determine, by 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 direct, 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.
8. (7) The councillors, including the Ex-officio councillors, of a reconstituted Corporation shall enter upon their office on the date fixed for its reconstitution and the term of office of the elected councillors shall expire at the end of five years from date appointed by the election authority for the first meeting of the Council after the reconstitution.
9. (8) The Government may reconstitute the Corporation before the expiry of the period notified under sub-section
10. (1) or sub-section (2).
11. (9) When the Corporation is dissolved under this section, the Government, until the date of the reconstitution thereof, and the reconstituted Corporation thereafter, shall be entitled to all the assets and be subject to all the liabilities of the Corporation as on the date of the dissolution and on the date of the reconstitution respectively.

E. 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 Corporations as it may consider necessary for carrying out the purposes of this Act.

Notwithstanding anything contained in this Act, or in any other law for the time being in force relating to the Municipal Corporations, the Government may, in consultation with the Corporation 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 the Corporation and to such control and revision as may be specified therein, direct that any power or function vested in the Corporation by or under this Act shall be transferred to and exercised and performed by the Andhra Pradesh Industrial Infrastructure Corporation.

1. (8) in Schedule-A, in form 8, in item 6, after the words "Scheduled Tribe", the words "or Backward Classes" shall be inserted.

[Omitted]

[Provision not found in document]

[Provision not found in document]