Chapter XX APPEALS FROM CERTAIN ORDERS

Appeal shall lie to the Judge against the orders of the Commissioner in the following cases, namely—

1. (1) an order refusing to empty private drains into a municipal drain under section 297;
2. (2) an order enforcing drainage of undrained premises under sections 302 and 303;
3. (3) an order declining to remove a shaft or pipe under section 317;
4. (4) an order requiring a building to be set forward under section 386;
5. (5) an order requiring the owner or occupier to repair, protect or enclose a place found to be dangerous under section 422;
6. (6) an order requiring a dangerous structure to be pulled down, secured or removed under section 456;
7. (7) an order requiring a tree to be secured, lopped or cut down under section 457;
8. (8) an order requiring a tank, pond, well, hole-stream, dam or bank to be filled, removed, repaired, protected or enclosed under section 458;
9. (9) an order requiring any building to be vacated under section 462;
10. (10) an order directing the demolition of building under sections 498 and 499;
11. (11) an order requiring the removal of a hut or shed under section 502;
12. (12) an order requiring certain works to be carried out in the wall and floors of a building under section 503;
13. (13) an order requiring certain measure to be taken for filling up of pools, etc., under section 504;
14. (14) an order requiring any private water source to be repaired, cleansed or protected under section 506:

Appeals against demolition orders

1. (1) On an appeal being made against a demolition order made under section 498 or 499, the Judge may make such order either confirming, quashing or varying the order as he thinks fit and he may, if he thinks fit, accept from an appellant any such undertaking as might have been accepted by the Commissioner, and any undertaking so accepted by the Judge shall have the like effect as if it had been given to and accepted by the Commissioner under section 498 or 499.
2. (2) An appeal shall lie to the High Court from a decision of the Judge on an appeal under this section, within one month of such decision, when the rateable value entered in the Commissioner's assessment book in accordance with the provisions of this Act, of the premises to which the demolition order appealed against wholly or partially relates, exceeds rupees two thousand.
3. (3) A decision passed by the Judge under this section if an appeal does not lie therefrom under sub-section (2), or if no appeal is filed, and the decision of the High Court, in appeal, if an appeal is filed, shall be final.
4. (4) Any order against which an appeal might be brought under sub-section (1) shall, if no such appeal is brought, become operative on the expiration of a period of thirty days from the date of such order and shall be final and conclusive as to any matters which could have been raised on such an appeal and any such order against which an appeal is brought shall, if and so far as it is confirmed by the Judge or the High Court under sub-section (2) as the case may be become operative as from the date of the final determination of the appeal.
5. (5) For the purposes of this section, the withdrawal of an appeal shall be deemed to be the final determination thereof, having the like effect as a decision confirming the order appealed against and, subject as aforesaid, an appeal shall be deemed to be finally determined on the date when the decision of the High Court is given or in a case where no appeal is brought to the High Court, upon the expiration of the period within which such an appeal might have been brought, or in a case where no appeal lies to the High Court, on the date when the decision of the Judge is given.

An appeal shall lie to the High Court from a decision of the Judge regarding the amount or payment of expenses for any work executed, when the amount of the claim in respect of which the decision is given exceeds rupees two thousand: Provided that no such appeal shall be heard by the High Court unless it is filed within thirty days from the date of the decision of the Judge.

1. (2) The decision of the Judge regarding the amount or payment of expenses for any work executed, if no appeal is filed under this section, and the decision of the High Court in such appeal if an appeal is filed, shall be final.
2. (3) When an appeal is filed under sub-section (1) in respect of a decision regarding the amount or payment of expenses for any work executed, the Commissioner shall defer proceedings for the recovery of the amount determined by the Judge to be due pending the decision, shall proceed to recover only such amount, if any, as shall be thereby determined to be due.

1. (1) If the owner of any building or land is prevented by the occupier thereof from complying with provision of this Act or of any bye-law made thereunder or with any requisition made under this Act, or bye-law in respect of such building or land, the owner may apply to the Judge.
2. (2) The Judge on receipt of any such application may make written order requiring the occupier of the building or land to afford all reasonable facilities to the owner for complying with the said provision or requisition may also, if he thinks fit, direct that the cost of such application and order be paid by the occupier.
3. (3) After eight days from the date of any such order, it shall be incumbent on the said occupier to afford all such reasonable facilities to the owner for the purpose aforesaid as shall be specified in the said order; and in the event of his continued refusal so to do, the owner shall be discharged, during the continuance of such refusal, from any liability which he would otherwise incur by reason of his failure to comply with said provision or requisition.
4. (4) Nothing in this section shall affect the powers of the Commissioner under any provision of this Act to cause any premises to be vacated.

1. (1) For the purposes of any inquiry or proceeding under this Act, the Judge may summon and enforce the attendance of witnesses and compel them to give evidence and compel the production of documents, by the same means and, as far as is possible, in the same manner as is provided in the case of the Small Causes Court by the 360[the Telangana Small Causes Court Act, 1330 F.] and in all matters relating to any such inquiry or proceeding the said Judge shall be guided generally by the provisions of the said Act so far as the same are applicable.
2. (2) If, in any such inquiry or proceeding, the person against whom the complaint or application has been made fails to appear, notwithstanding that he has been duly summoned for this purpose, the said Judge may hear and determine the case in his absence.
3. (3) The costs of every such inquiry or proceeding as determined by the said Judge, shall be payable by such parties and in such proportions as the Judge shall direct and the amount thereof shall, if necessary, be recoverable as if the same were due under a decree of the Court: Provided that if such inquiry or proceeding relates to a dispute regarding expenses declared to be improvement expenses under section 642, the amount of the costs directed by the said Judge to be paid by the owner or occupier of the premises in respect, or for the benefit, of which the improvement expenses were incurred shall be a charge on such premises and may also be recovered in the manner provided in section 643.

1. (1) The Government may, from time to time by notification in the *Telangana Gazette, determine what fee, if any, shall be paid-
   • (a) on any application or appeal made under this Act to the Judge; and
   • (b) previous to the issue, in any inquiry or proceeding of the said Judge under this Act, of any summons or other process: Provided that the fees, if any, determined under clause (a) shall not, in cases in which the value of the claim or subject matter is capable of being estimated in money, exceed the fees at the time being levied, under the provisions of the 361[the Telangana Small Causes Court Act, 1330 F.] in cases in which the value of the claim or subject matter is of like amount.
2. (2) The Government may from time to time by a like notification determine by what person any fee determined under clause (a) shall be payable.
3. (3) No application or appeal shall be admitted by the said Judge, until the fee, if any, prescribed therefor under clause (a), has been paid.

The Judge may, whenever he thinks fit, receive an application or appeal made under this Act, by or on behalf of a poor person, and may issue process on behalf of any such person without payment or on a part payment of the fees determined under section 659.

Whenever any application or appeal under this Act is settled by agreement of the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the said Judge to the parties by whom the same have been respectively paid.

The Judge may—

1. (a) delegate, either generally or specially to any other judge of the said Court, power to receive applications, appeals and references under this Act, and to discharge any other duty in connection with such applications, appeals and reference, except the hearing and adjudication thereof;
2. (b) if for any reason, it shall be necessary so to do, delegate to any other Judge of the said Court the hearing and adjudication of the said application.

All offences against this Act, or against any rule or bye-law made thereunder, whether committed within or without the city shall be cognizable by a Magistrate appointed under section 664 or until such appointment by a First Class Magistrate having jurisdiction in the city and no such Magistrate shall be deemed to be incapable of taking congnizance of any such offence or of any offence against any enactment hereby repealed, by reason only of his being liable to pay any Municipal Tax or of his being benefitted by the Municipal fund.

1. (1) The Government may with the consent of the Corporation create one or more posts of Magistrates and invest them with the powers of First Class Magistrate for the trial of offences against this Act, or against any rule, regulation or bye-law made thereunder and may appoint any person to such post and may also appoint such ministerial officers for the Court of any such Magistrate as it may think necessary.
2. (2) Such Magistrate or Magistrates and their establishment shall be paid such salary, pension, leave allowances and other allowances as may, from time to time, be fixed by the Government.
3. (3) The amounts of the salary and other allowances as fixed under sub-section (2) together with all other incidental charges shall be reimbursed to the Government by the Corporation, who shall also pay to the Government such contribution towards the pension, leave and other allowance of such Magistrate or Magistrates and their establishment as may from time to time be fixed by the Government: Provided that the Government may, with the concurrence of the Corporation, direct that in lieu of the amounts payable under this section the Corporation shall pay to the Government annually, on such date as may be fixed by the Government in this behalf, such fixed sum as may be determined by the Government in this behalf.

No person shall be liable to punishment for any offence made punishable by this Act, unless complaint of such offence is made before a Magistrate within the time hereinafter fixed in that behalf, namely —

1. (a) if the offence be against the provisions of section 213, within six months next after the commission of such offence;
2. (b) if the offence be against the provisions of sections 299, 313, 337, 352 (1), 353 (5), 354 (3), (a), (b), 363, 366, 371 (1), (2), or 516 or any bye-laws made under section 586, within three months next after the commission or discovery of such offence;
3. (c) if the offence be against any other provision of this Act, within three months next after the commission of such offence.

If any person summoned to appear before a Magistrate to answer a charge of an offence punishable under this Act or any rule, or bye-law made thereunder fails to appear at the time and place mentioned in the summons, and if service of summons is proved to the satisfaction of the Magistrate and no sufficient cause is shown for the non-appearance of such person the Magistrate may hear and determine the case in his absence.

1. (1) Any person who resides in the city may complain to a Magistrate of the existence of any nuisance, or that in the exercise of any power conferred by sections 294, 317, 319, 320 or 482 more than the least practicable nuisance has been created.
2. (2) Upon receipt of any such complaint, the Magistrate after making such inquiry as he thinks necessary, may if he sees fit, direct the Commissioner—
   • (a) to put in force any of the provisions of this Act or to take such measures as to such Magistrate as shall seem practicable and reasonable for preventing, abating, diminishing or remedying such nuisance;
   • (b) to pay to the complainant such reasonable costs of and relating to the said complaint and order as the said Magistrate shall determine, inclusive of compensation, for the complainant’s loss of time in prosecuting such complaint.
3. (3) It shall be incumbent on the Commissioner to obey every such order.
4. (4) Nothing contained in this Act shall interfere with the right of any person who may suffer injury or whose property may be injuriously affected by any act done in the exercise of any power conferred by section 294, 317, 319, 320 or 482 to recover damages for the same.

1. (1) An appeal shall lie to the Court of Session from an order passed by a Magistrate under section 667 within thirty days of the date thereof.
2. (2) The said Court may, when disposing of an appeal under sub-section (1), direct by whom and in what proportions, if any, the costs of the appeal are to be paid, and costs so directed to be paid may, on application, to a Magistrate of the First Class having jurisdiction in the city, be recovered by him, in accordance with the direction of the said Court, as if they were a fine imposed by himself.
3. (3) When an appeal has been preferred to the said Court under this section, the Commissioner shall defer action upon the order of the Magistrate until such appeal has been disposed of and shall thereupon forthwith give effect to the order passed in such appeal by the said Court, or, if the order of the Magistrate has not been disturbed by the said Court, then to his order.

1. (1) Any police officer may arrest any person who commits in his view any offence against this Act or against any regulation or bye-law made under this Act, if the name and address of such person be unknown to him and if such 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.
2. (2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of a Magistrate, for any longer time, not exceeding at the most twenty-four hours from the arrest, than is necessary for bringing him before a Magistrate competent to take cognizance of his offence.

1. (1) Save as expressly provided by this Chapter, the provisions of the Code of Civil Procedure, 1908 relating to appeals from original decrees shall apply to appeals to the Judge from the orders of the Commissioner and the provision of the said Code relating to appeals from Appellate Decrees shall apply to appeals to the High Court.
2. (2) All other matters for which no specific provision has been made under this Act shall be governed by such rules as the Government may from time to time make after consultation with the High Court.

1. (1) No assessment or demand made, and no charge imposed under the authority of this Act shall be questioned or effected 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. (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.

1. (1) In computing the period of limitation fixed for an appeal or application referred to in this Act the provisions of sections 5, 12, and 13 of the Indian Limitation Act, 1908 shall so far as may be, apply.
2. (2) When no time is fixed by this Act for the presentation of an appeal or application such appeal or application shall be presented within thirty days from the date of the order in respect of or against which the appeal, or application is presented.

1. (1) All orders of the Judge shall be executed in the same manner as if they were decrees of the Court of Small Causes passed under [the Telangana Small Causes Court Act, 1330 F.]
2. (2) All orders of the High Court shall be executed as if they were decrees of the High Court.

The provisions of the Code of Criminal Procedure, 1898 shall, so far as may be, apply to all matters investigated, inquired into, tried, appealed against and otherwise dealt with under this Act before Magistrates.

1. (1) Every person who is elected to be a [Member] shall, before taking his seat, make at a meeting of the corporation an oath or affirmation of his allegiance to the Constitution of India in the following form, namely:- ―I, ... having become a [Member] of the Corporation swear in the name of the God/solemnly affirm, that I will bear the 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. (2) Any such [Member] who fails to make, within three months from 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 office and his seat shall be deemed to have become vacant.
3. (3) No such [Member] shall take his seat at a meeting of the Corporation or do any act as such [Member] unless he has made the oath or affirmation as laid down in this section.
4. (4) Where a person ceases to hold office under sub-section (2) the Commissioner shall report the same to the Corporation 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 Corporation 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 the office.

The Commissioner may—

1. (a) take, or withdraw from, proceedings against any person who is charged with—
   • (i) any offence against this Act;
   • (ii) any offence which affects or is likely to affect any property or interest of the Corporation or the due administration of this Act;
   • (iii) committing any nuisance whatsoever;
2. (b) compound any offence against this Act, which under the law at the time in force may legally be compounded;
3. (c) defend any election petition brought under section 7;
4. (d) defend, admit or compromise any appeal against a rateable value or tax brought under section 282;
5. (e) take, withdraw from, or compromise proceedings under sections 649 (2), 650, 651 and 652 for the recovery of expenses or compensation claimed to be due to the Corporation;
6. (f) withdraw or compromise any claim for a sum not exceeding rupees five hundred against any person in respect of penalty payable under a contract entered into with such person by the Commissioner, or, with the approval of the Standing Committee any such claim for any sum exceeding rupees five hundred;
7. (g) defend any suit or other legal proceedings brought against the Corporation or against the Commissioner or a Deputy Commissioner or a Municipal Officer or servant in respect of any thing done or omitted to be done by them respectively, in their official capacity;
8. (h) with the approval of the Standing Committee, admit or compromise any claim, suit or legal proceeding brought against the Corporation or against the Commissioner or a Deputy Commissioner or Municipal Officer or servant, in respect of anything done or omitted to be done as aforesaid;
   • (i) with the like approval, institute and prosecute any suit or withdraw from or compromise any suit or any claim, other than a claim of the description specified in clause (f), which has been instituted or made in the name of the Corporation or of the Commissioner;
9. (j) 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 Corporation or the Standing Committee to obtain for any of the purposes mentioned in the foregoing clauses of the section or for securing the lawful exercise or discharge of any power, or duty vesting in or imposed upon any Municipal Authority or any Municipal Officer or servant: Provided that the Commissioner shall not defend any suit or legal proceedings under clause (g) without first of all taking legal advice with regard thereto, and shall institute and prosecute any suit which the Corporation shall determine to have instituted and prosecuted.